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ê1949 Statutes of Nevada, Page 453 (Chapter 210, SB 81)ê

 

      Whereas, The 1947 appropriation was insufficient to complete the work as originally outlined due to the increase in cost of materials and labor; 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 third story addition, a new execution chamber, with a death row of six cells at the Nevada state prison and to provide for the work and materials incident thereto, and for the payment of same, at a cost estimated at one hundred ninety thousand ($190,000) dollars, more adequately to care for and house the prisoners, guards, and other employees at the Nevada state prison, and to relieve the crowded and unsatisfactory operating conditions.

      The Nevada state planning board is hereby charged with the duty of carrying out the provisions of this act.

      Sec. 2.  The cost of said construction, additions, improvements, equipment, facilities and of the work and materials provided for in section 1 of this act shall not exceed the sum of one hundred ninety thousand ($190,000) dollars. The state planning board shall employ a competent architect to prepare and submit plans and specifications therefor; and when said plans and specifications are approved by said prison commissioners the state planning board shall immediately advertise for a period of three weeks in a newspaper of general circulation in the State of Nevada for sealed bids for said construction; all in accordance with said plans and specifications so approved and the modification thereof found to be 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. The planning board may so advertise for sealed bids on either the whole or on a part or on parts of such construction, improvements, equipment, facilities, 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; provided that any and all bids may for a good reason be rejected.

      Sec. 3.  All bills for the payment of an architect and for the work herein provided for shall be paid out of the state prison building fund in the state treasury herein provided for, upon claims approved by said state planning board, and audited and approved by the board of examiners of the State of Nevada as other claims against the state are allowed and paid.

      Sec. 4.  To provide said state prison building fund in the state treasury, the governor, secretary of state, and attorney general of the State of Nevada are hereby constituted a commission and are hereby authorized and directed to issue bonds of the State of Nevada as and when needed in a sum not to exceed one hundred ninety thousand ($190,000) dollars. Said bonds shall be in denominations of five thousand ($5,000) dollars, each payable in legal tender of the United States and shall be numbered serially, and when retired shall be retired in the order of their issuance.


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ê1949 Statutes of Nevada, Page 454 (Chapter 210, SB 81)ê

 

thousand ($5,000) dollars, each payable in legal tender of the United States and shall be numbered serially, and when retired shall be retired in the order of their issuance. Such bonds shall be signed by the governor and endorsed by the secretary of state and the attorney general, countersigned by the state controller and authenticated by the great seal of the State of Nevada. Said bonds shall bear interest at the rate of not more than three (3%) percent per annum. Said rate of interest shall be fixed by said commission, and payable semiannually, that is to say, on the first day of January and the first day of July of each year, the first payment thereof to be made on the first day of January 1950; and said bonds shall be redeemed and paid within twenty (20) years from the date of the passage of this law.

      Sec. 5.  Upon the issuance and execution of said bonds the same may be sold and delivered to the state permanent school fund, teachers’ retirement fund, university 90,000-acre grant fund, the university seventy-two-section grant fund, the state insurance fund of the Nevada industrial commission and such other state funds as may have money available for legal investment in such bonds as moneys may be available in the state treasury for said bonds, or either or any of them, without advertising said bonds for sale or calling for binds thereon.

      If such money be not available in any or all of said funds the bonds herein provided for may be sold as needed for the purpose herein stated at public or private sale as said board may deem for the best interests of the state. Said bonds shall be sold at not less than par, and the proceeds thereof shall be placed in a fund to be known as the state prison building fund, and shall be so issued and sold only as and when needed. At least one of said bonds of five thousand ($5,000) dollars each shall be redeemed on each of said interest paying dates for the payment of such interest, as provided herein, and to be specified in said bonds for the payment of said interest commencing on January 1, 1950; provided, all said bonds shall be redeemed and paid within twenty (20) years from the date of the passage of this law.

      Sec. 6.  There shall be levied annually an ad valorem tax at a rate sufficient to pay the principal and interest on said bonds, as and when they fall due on all of the taxable property in the State of Nevada, including the net proceeds of mines. All moneys derived from said tax shall be paid into the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of chapter 197, Statutes of Nevada 1939, and disbursed as provided therein for the purpose of this act.

      Sec. 7.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed nor the taxation imposed be omitted until all the bonds issued under and by virtue hereof shall have been paid in full as in this act provided.

      Sec. 8.  This act shall become effective immediately upon its passage and approval.

 

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ê1949 Statutes of Nevada, Page 455ê

 

CHAPTER 211, SB 106

Senate Bill No. 106–Senator Johnson.

(By Request)

CHAPTER 211

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 28, 1949]

 

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

do enact as follows:

 

      Section 1.  From and after July 1, 1949, until the first Monday in January 1951, 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.

      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 secretary of the state bond trust administration shall receive a salary at the rate of six hundred ($600) dollars per annum payable at the time 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.


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ê1949 Statutes of Nevada, Page 456 (Chapter 211, SB 106)ê

 

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. 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, 1951, 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, 1949, and shall expire by limitation of time on June 30, 1951.

 

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CHAPTER 212, AB 138

Assembly Bill No. 138–Mr. Johnson.

CHAPTER 212

AN ACT to amend section 869 of an act entitled “An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto,” approved March 17, 1911, as amended.

 

[Approved March 28, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 869 of the above-entitled act, being N. C. L. 1929, section 9358, as amended by section 1 of chapter 37, 1947 Statutes of Nevada, is further amended to read as follows:

      Section 869.  In case of the sickness or other disability, or necessary absence of a justice, on a return of a summons, or at the time appointed for a trial, another justice of the same county may, or in the event that no other justice resides in the county, then from any adjoining county, at his request, or at the request of a district judge residing in that judicial district, attend in his behalf, and thereupon is vested with the power, for the time being, of the justice before whom the summons was returnable. In that case, the proper entry of the proceedings before the attending justice, subscribed by him, must be made in the docket of the justice before whom the summons was returnable. If the case is adjourned, the justice before whom the summons was returnable may resume jurisdiction [.]


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ê1949 Statutes of Nevada, Page 457 (Chapter 212, AB 138)ê

 

is adjourned, the justice before whom the summons was returnable may resume jurisdiction [.] ; provided, however, that in the event a justice attends from an adjoining county, the salary and all compensation of such justice shall be paid in the same manner as now provided by law for the salary and compensation of a justice of the same county.

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

 

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CHAPTER 213, AB 196

Assembly Bill No. 196–Ormsby County Delegation.

CHAPTER 213

AN ACT authorizing and directing the county commissioners of Ormsby County, Nevada, to allow mileage to county officers.

 

[Approved March 28, 1949]

 

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

do enact as follows:

 

      Section 1.  The board of county commissioners of Ormsby County, State of Nevada, are hereby authorized and directed to allow mileage to the officers and employees of said county of Ormsby when traveling on necessary and required county business by private conveyance, at the rate of ten cents (10¢) per mile for each mile actually traveled, and such further actual expense as may be incurred.

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

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

 

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CHAPTER 214, AB 322

Assembly Bill No. 322–Mr. Wells.

CHAPTER 214

AN ACT to require financial reports from all appointive state boards, bureaus, commissions or agencies; providing for the filing thereof in the office of the secretary of state; declaring the same to be public records, and other matters properly connected therewith.

 

[Approved March 28, 1949]

 

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

do enact as follows:

 

      Section 1.  Notwithstanding any other provision of law, each and every state board, bureau, commission, or agency, which is composed of appointed members, shall report annually, in detail, all moneys, from whatsoever source derived, received or disbursed by such board, bureau, commission or agency.

      Sec. 2.  Such report shall be made on or before August 1, 1949, and on or before the first day of August of each succeeding year, to the governor of the State of Nevada, and covering the transactions of the prior fiscal year.


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ê1949 Statutes of Nevada, Page 458 (Chapter 214, AB 322)ê

 

governor of the State of Nevada, and covering the transactions of the prior fiscal year.

      Sec. 3.  When made, a duly certified copy of such report shall be filed in the office of the secretary of state of Nevada, and when so filed such certified copy shall be a public record and available for inspection or copying by any person.

      Sec. 4.  Failure of any board, bureau, commission or agency to file the said report and certified copy thereof, as required by this act, shall be deemed nonfeasance in office by the members thereof, and such members shall be subject to removal from office in an appropriate action in any court of competent jurisdiction.

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

 

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CHAPTER 215, AB 329

Assembly Bill No. 329–Mr. Terrell.

CHAPTER 215

AN ACT regulating the publication of legal notices in newspapers of the state.

 

[Approved March 28, 1949]

 

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

do enact as follows:

 

      Section 1.  Whenever any notice is required by law to be given by publication, unless otherwise specified, such provision shall be satisfied by publishing the required notice at least once a week, consecutively, for not less than the full period of time so required in a qualified, legal and competent newspaper.

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

 

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CHAPTER 216, AB 362

Assembly Bill No. 362–Committee on Livestock.

CHAPTER 216

AN ACT to amend an act entitled “An act regulating the sheep industry in the State of Nevada, creating a state board of sheep commissioners, defining their powers and duties, prescribing their compensation, and providing penalties for the violation hereof,” approved March 25, 1919.

 

[Approved March 28, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 10a of the above-entitled act, being N. C. L. 1929, section 3881, is hereby amended to read as follows:

      Section 10a.  The board shall have power to do all things it may consider necessary to encourage, promote, advance and protect the sheep interests of the state, and may directly or indirectly, by expenditure, or by payment or otherwise to any association formed for any such purposes or objects, pay annually, out of the sheep inspection fund, for any enumerated purposes not to exceed an amount equivalent to a levy of [one] one and one-half mills on the dollar of the total tax valuation for the preceding year on sheep under its jurisdiction.


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ê1949 Statutes of Nevada, Page 459 (Chapter 216, AB 362)ê

 

such purposes or objects, pay annually, out of the sheep inspection fund, for any enumerated purposes not to exceed an amount equivalent to a levy of [one] one and one-half mills on the dollar of the total tax valuation for the preceding year on sheep under its jurisdiction. The board shall be the sole and exclusive judges of the expenditures of all sums directly or by the payment to any association, club, or other organization as herein provided.

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

 

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CHAPTER 217, AB 275

Assembly Bill 275–Committee on Insurance.

CHAPTER 217

AN ACT to provide a code for the State of Nevada for fraternal benefit societies; to regulate such societies; to consolidate, revise and codify the laws of this state relative thereto; to provide the effective date of the provisions of this code; to preserve the rights of the societies and their members under existing contracts, and to repeal article 16 of the Nevada insurance act of 1941, being sections 3656.122-3656.128, inclusive, 1931-1941 Supp. N. C. L. 1929.

 

[Approved March 28, 1949]

 

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

do enact as follows:

 

      Section 1.  Fraternal Benefit Societies Defined.  Any society, order or supreme lodge, without capital stock, and also any society, incorporated or unincorporated, exempted under the provisions of section 32 of this chapter, conducted solely for the benefit of its members and their beneficiaries and not for profit, operating on a lodge system with ritualistic form of work, having a representative form of government, and which shall make provision for the payments of benefits in accordance with this chapter, is hereby declared to be a fraternal benefit society. When used in this chapter the word “society,” unless otherwise indicated, shall mean “fraternal benefit society.”

      Sec. 2.  Lodge System Defined.  Any such society having a supreme governing or legislative body and subordinate lodges or branches, by whatever name known, into which members shall be elected, initiated or admitted in accordance with such society’s constitution, laws, ritual, rules and regulations, which subordinate lodges or branches shall be required by the laws of such society to hold regular or stated meetings at least once in each month, shall be deemed to be operating on the lodge system.

      Sec. 3.  Representative Form of Government.  A society shall be deemed to have a representative form of government when:

      (a) It provides in its constitution or laws for a supreme legislative or governing body, composed of representatives elected either by the members or by delegates elected directly or indirectly by the members, together with such other members of such body as may be prescribed by such society’s constitution and laws;


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ê1949 Statutes of Nevada, Page 460 (Chapter 217, AB 275)ê

 

      (b) The representatives elected constitute a majority in number and have not less than two-thirds of the votes, nor less than the votes required to amend its constitution and laws;

      (c) The meetings of the supreme legislative or governing body and the election of representatives or delegates are held as often as once in four calendar years;

      (d) The members, officers, representatives or delegates shall not vote by proxy;

      (e) The officers may be elected by the board of directors.

      Sec. 4.  Exemptions.  Such societies shall be governed by this chapter, and shall be exempt from all provisions of the insurance laws of this state, not only in governmental relations with the state, but for every other purpose, and no law hereafter enacted shall apply to them, unless they be expressly designated therein.

      Sec. 5.  Benefits.  Any fraternal benefit society authorized to do business in this state may provide for the payment of (a) death benefits in any form; (b) endowment benefits; (c) annuity benefits; (d) temporary or permanent disability benefits as a result of disease or accident; (e) hospital, medical or nursing benefits; and (f) monument or tombstone benefits to the memory of deceased members not exceeding in any case the sum of three hundred dollars. Any benefits authorized in this section, or combinations thereof, may be provided in the same or separate certificates.

      Such society may grant loans, withdrawal equities, and such nonforfeiture options as its laws may permit, provided such grants shall in no case exceed in value the portion of the reserve to the credit of the certificate on which the same are made.

      Sec. 6.  Beneficiaries.  No beneficiary shall have or obtain any vested interest in the proceeds of any certificate until such certificate has become due and payable in conformity with the provisions of the membership contract. The insured member shall have the right at all times to change the beneficiary or beneficiaries in accordance with the constitution, bylaws, rules or regulations of the society. Every society may, by its constitution, bylaws, rules or regulations, limit the scope of beneficiaries.

      Sec. 7.  Qualifications for Membership.  Any society may admit to beneficial membership any person who has been examined by a legally qualified physician, and whose examination has been supervised and approved in accordance with the laws of the society, or who has made declaration of insurability acceptable to the society; provided, that any beneficial member of a society who shall apply for additional benefits more than six months after becoming a beneficial member shall pass an additional medical examination, or make an additional declaration of insurability, as required by the society. Any person so admitted prior to attaining the full age of twenty-one years shall be bound by the terms of his or her application and certificate, and by all the laws, rules and regulations of the society, and shall be entitled to all the rights and privileges of membership therein, as fully and to the same extent as though he or she were not a minor at the time of applying for such beneficial membership.


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ê1949 Statutes of Nevada, Page 461 (Chapter 217, AB 275)ê

 

fully and to the same extent as though he or she were not a minor at the time of applying for such beneficial membership. Nothing herein contained shall prevent such society from accepting general or social members, who shall have no voice or vote in the management of the insurance affairs of the society, nor from issuing juvenile certificates on the lives of children under the age of twenty-one years.

      Sec. 8.  The Contract.  Every certificate issued or delivered in this state by any such society shall specify the amount of benefit provided thereby. The certificate, together with any riders or endorsements attached thereto, the charter or articles of incorporation, the constitution and laws of the society, the application for membership, and declaration of insurability (if used in lieu of a medical examination), signed by the applicant, and all amendments to each thereof, shall constitute the agreement between the society and the member, and the certificate shall so state. A copy of the application for membership and of the declaration of insurability (if used in lieu of a medical examination) shall be endorsed upon or attached to the certificate. Copies of each of the aforesaid documents, certified by the secretary of the society, or corresponding officer, shall be received in evidence of the terms and conditions thereof. Any changes, additions or amendments to said charter or articles of incorporation, constitution or laws duly made or enacted subsequent to the issuance of the certificate, shall bind the member and the beneficiaries, and shall govern and control the agreement in all respects the same as though such changes, additions or amendments had been made prior to and were in force at the time of the application for membership; provided, however, that any society may provide specifically in its certificates that the rates and benefits shall not be subject to change, in which case the certificate shall contain a provision that if the society’s reserves shall become impaired, there shall be paid by the member to the society the amount of the member’s equitable proportion of such deficiency as ascertained by the society’s board of directors, or corresponding body, and if such payment be not made, same shall stand as an indebtedness against the certificate, and draw interest at not to exceed five percent per annum.

      Sec. 9.  Standard and Prohibited Provisions.

      1.  No benefit certificate shall be issued or delivered in this state unless the same shall contain in substance the following provisions:

      (a) In case the age of the member or the age of the beneficiary is considered in determining the rate of contribution, then a provision that if it shall be found at any time before final settlement under the certificate that such age has been misstated, and the discrepancy and rate of contribution involved have not been adjusted, the amount payable under the certificate shall be such as the rate of contribution would have purchased at the correct age; provided, that if the correct age was not an insurable age under the society’s charter, constitution or laws, only the mortuary payments shall be returned; provided further, that if the age has been overstated, no additional amount of insurance or other values shall be granted for any excess payments, but such excess payments shall be paid without interest to the beneficiary.


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ê1949 Statutes of Nevada, Page 462 (Chapter 217, AB 275)ê

 

insurance or other values shall be granted for any excess payments, but such excess payments shall be paid without interest to the beneficiary.

      (b) In case any withdrawal equities, nonforfeiture values, loan values, or other options are available under the certificate, on default in payment of stated periodical contributions by the members, a table showing the same in figures for each year during at least the first twenty years of the certificate.

      (c) A provision that the member is entitled to a grace of not less than the full month in which the payment of any stated contributions, by whatever name known, after the first, may be made. During such grace period the certificate shall continue in full force, but in case the certificate becomes a claim during the said grace period before the overdue contribution is made, the amount of such overdue contribution or contributions may be deducted in any settlement under the certificate.

      (d) A provision stating the amount of insurance payments or other required insurance contributions, by whatever name known, which are payable by the insured under such certificate and requiring that the insured or holder of such certificate shall be obligated to pay, as a condition of the continuance in force of such certificate, additional contributions, imposed in accordance with the constitution or bylaws of such society then in force or thereafter lawfully enacted.

      (e) Title on the face and on the back of the certificate clearly and correctly describing its form.

      2.  No certificate shall be issued or delivered in this state containing any of the following provisions:

      (a) Any provision limiting the time within which any action at law or in equity may be commenced to less than eighteen months after the cause of action shall accrue.

      (b) Any provision by which the certificate shall purport to be issued or take effect more than six months before the original application for the insurance was made, except in cases of transfer from one form of certificate to another in connection with which the member is to receive credit for any reserve accumulation under the form of certificate from which the transfer is made.

      (c) Any provision for forfeiture of the certificate for failure to repay any loan thereon or to pay interest on such loan, while the total indebtedness, including interest, is less than the loan value thereof.

      (d) Any provision whereby the suspension or expulsion of the insured member, or change of occupation, or any other violation of the terms and conditions of the insurance contract shall result in the loss or reduction of the cash surrender value or other withdrawal equity, if any, available by the terms of such certificate.

      Sec. 10.  Benefits on Lives of Children.  (1) Any society may provide for benefits on the lives of children under twenty-one years of age at time of application therefor, upon the application of some adult person, as its laws or rules may provide, which benefits shall be in accordance with the provisions of section 5 of this chapter.


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ê1949 Statutes of Nevada, Page 463 (Chapter 217, AB 275)ê

 

accordance with the provisions of section 5 of this chapter. A society may, at its option, organize and operate branches for such children. Membership and initiation in local lodges shall not be required of such children, nor shall they have a voice in the management of the society.

      (2) The contributions to be made for death benefits under all juvenile certificates issued after December thirty-first, nineteen hundred fifty, shall be based upon the Standard industrial mortality table or the American experience table of mortality with Craig’s or Buttolph’s extension thereof, or the American men ultimate table of mortality with Bowerman’s extension thereof, with an interest assumption of not more than three and one-half percent per annum, or on any other standard now or hereafter authorized for use by domestic life insurers.

      (3) Every society issuing such benefit certificates shall maintain on all such certificates not less than the reserve required by the standard of mortality and interest adopted by the society for computing contributions.

      (4) Every society issuing such benefit certificates shall have the right to provide in its bylaws, rules or regulations, for payments on account of the society’s expense or general fund, which payments may be mingled with the general fund of the society; such society shall have full power to provide for means of enforcing payment of contributions, designation of beneficiaries, and changing such designations, and in all other respects for the regulation, government and control of such certificates and all rights, obligations and liabilities incident thereto and connected therewith.

      Sec. 11.  Funds.  (1) Unless otherwise provided in the bylaws, all funds shall be held, invested and disbursed for the use and benefit of the society, and no member or beneficiary shall have or acquire individual rights therein or become entitled to any apportionment or the surrender of any part thereof, except as provided in the bylaws.

      (2) The funds from which benefits shall be paid and the funds from which the expenses of the society shall be defrayed shall be derived from the periodical or other payments by the members and accretions to said funds, which payments may combine the separate purposes for which made; provided, that after December thirty-first, nineteen hundred fifty, no society shall be incorporated or authorized to do business in this state which does not provide in all certificates for new insurance thereafter issued, for stated periodical or other contributions that will provide and maintain reserves sufficient for meeting the mortuary obligations contracted when computed upon the basis of the American experience table of mortality with Craig’s and Buttolph’s extension thereof, or the American men ultimate table of mortality, with Bowerman’s extension thereof, with an interest assumption of not more than three and one-half percent per annum, or on the basis of such mortality standards and interest assumptions as may be now or hereafter authorized for use by life insurance companies. No society, domestic or foreign, shall hereafter be incorporated or admitted to write or accept members for temporary or permanent disability benefits, or accidental death benefits, unless the rates therefor are adequate upon the basis of tables based upon reliable experience with an interest assumption not higher than three and one-half percent per annum.


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ê1949 Statutes of Nevada, Page 464 (Chapter 217, AB 275)ê

 

to write or accept members for temporary or permanent disability benefits, or accidental death benefits, unless the rates therefor are adequate upon the basis of tables based upon reliable experience with an interest assumption not higher than three and one-half percent per annum.

      (3) Any society may create, maintain, invest, disburse and apply any special fund or funds necessary to carry out any purpose permitted by the laws of such society.

      Sec. 12.  Investments.  Every society shall invest its funds only in the manner permitted by the laws of this state for the investment of the assets of life insurance companies; provided, that any foreign society permitted or seeking to do business in this state, which invests its funds in accordance with the laws of the state, district, territory, country or province in which it is incorporated, shall be held to meet the requirements of this section for the investment of funds.

      Sec. 13.  Organization.  A fraternal benefit society, as defined by this chapter, may be organized in the following manner:

      (1) Seven or more persons, citizens of the United States, a majority of whom are citizens of this state, who desire to form such a society, may make, sign and acknowledge before some officer, competent to take acknowledgment of deeds, articles of incorporation, in which shall be stated:

      (a) The proposed corporate name of the society, which shall not so closely resemble the name of any society or insurance company as to mislead the public or lead to confusion.

      (b) The purposes for which it is being formed, and the mode in which its corporate powers are to be exercised. Such purposes shall not include more liberal powers than are granted by this chapter; provided, that any lawful, social, intellectual, educational, charitable, benevolent, moral, fraternal or religious advantages may be set forth among the purposes of the society.

      (c) The names and residences of the incorporators, and the names, residences and official titles of all the officers, trustees, directors, or other persons who are to have and exercise the general control of the management of the affairs and funds of the society for the first year, or until the ensuing election at which all such officers shall be elected by the supreme legislative or governing body, which election shall be held not later than one year from the date of the issuance of the permanent certificate.

      (2) (a) such articles of incorporation, duly certified copies of the constitution and laws, rules and regulations, copies of all proposed forms of certificates, applications therefor, and circulars to be issued by such society, and a bond, conditioned upon the return to applicants of the advanced payments if the organization is not completed within one year, as provided in this section, such bond to be in the sum of five thousand dollars with sureties approved by the commissioner of insurance, shall be filed with the commissioner, who may require such further information as he deems necessary. If the purposes of the society conform to the requirements of this chapter, and all provisions of the law have been complied with, the commissioner shall so certify and retain and file the articles of incorporation, and furnish the incorporators a preliminary certificate authorizing said society to solicit members as hereinafter provided.


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society conform to the requirements of this chapter, and all provisions of the law have been complied with, the commissioner shall so certify and retain and file the articles of incorporation, and furnish the incorporators a preliminary certificate authorizing said society to solicit members as hereinafter provided.

      (b) No preliminary certificate granted under the provisions of this section shall be valid after one year from its date, or after such further period, not exceeding one year, as may be authorized by the commissioner, upon cause shown, unless the five hundred applicants hereinafter required have been secured and the organization has been completed as herein provided. The articles of incorporation and all other proceedings thereunder shall become null and void in one year from the date of said preliminary certificate, or at the expiration of said extended period, unless such society shall have completed its organization and received a certificate of authority to do business as hereinafter provided.

      (3) Upon receipt of said preliminary certificate from the commissioner, said society may solicit members for the purpose of completing its organization, shall collect from each applicant the amount of not less than one regular monthly payment, in accordance with its table of rates as provided by its constitution and laws, and shall issue to each such applicant a receipt for the amount so collected. No society shall incur any liability other than for the return of such advance payment, nor issue any certificate, nor pay, allow, or offer or promise to pay or allow, any death or disability benefit to any person until:

      (a) Actual bona fide applications for death benefits have been secured upon at least five hundred lives for at least one thousand dollars each;

      (b) All such applicants for death benefits shall have been regularly examined by regularly qualified practicing physicians, or shall have made acceptable declarations of insurability;

      (c) Certificates of such examinations, or such suitable declarations of insurability have been duly filed and approved by the chief medical examiner of such society;

      (d) There have been established ten subordinate lodges or branches into which said five hundred applicants have been admitted;

      (e) There has been submitted to the commissioner, under oath of the president or secretary, or corresponding officer of such society, a list of such applicants, giving their names, addresses, date each was admitted, name and number of the subordinate branch of which each applicant is a member, amount of benefits to be granted, rate of stated periodical contributions which shall be sufficient to provide for meeting mortuary obligations contracted, when valued for death benefits upon the basis of the American experience table of mortality, with Craig’s or Buttolph’s extension thereof, or the American men ultimate table of mortality, with Bowerman’s extension thereof; with an interest assumption of not more than three and one-half percent per annum, or upon the basis of such mortality standards and interest assumptions as may be now or hereafter authorized for use by life insurance companies, and for disability benefits, or accidental death benefits, upon tables based upon reliable experience with an interest assumption of not more than three and one-half percent; and

 


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companies, and for disability benefits, or accidental death benefits, upon tables based upon reliable experience with an interest assumption of not more than three and one-half percent; and

      (f) It shall have been shown to the commissioner, by sworn statement of the treasurer, or corresponding officer of such society, that at least five hundred applicants have each paid in cash at least one regular monthly payment as herein provided per one thousand dollars of indemnity to be effected, which payments in the aggregate shall amount to at least twenty-five hundred dollars, all of which shall be credited to the fund or funds from which benefits are to be paid, and no part of which may be used for expenses. Said advance payments shall be held in trust during the period of organization, and if the organization is not completed within one year, as herein provided, such payments shall be returned to said applicants.

      (4) The commissioner may make such examination and require such further information as he deems advisable, and upon presentation of satisfactory evidence that the society has complied with all the provisions of law, he shall issue to such society a certificate to that effect. Such certificate shall be prima-facie evidence of the existence of such society at the date of such certificate. The commissioner shall cause a record of such certificate to be made, and a certified copy of such record may be given in evidence with like effect as the original certificate.

      (5) Every such society shall have the power to make a constitution and bylaws for the government of the society, the admission of its members, the management of its affairs, and the fixing and readjusting of the rates of contribution of its members from time to time. It shall have the power to change, alter, add to or amend such constitution and bylaws, and shall have such other powers as are necessary and incidental to carrying into effect the objects and purposes of the society.

      Sec. 14.  Powers Retained; Incorporation of Voluntary Associations; Reincorporation; Amendments.  Any incorporated fraternal benefit society now engaged in transacting business in this state may exercise, after the passage of this chapter, all of the rights and powers conferred hereby, including those recited in section 13, and all of the rights, powers and privileges now exercised or possessed by it under its charter or articles of incorporation not inconsistent with this chapter, and any existing voluntary fraternal benefit association may incorporate hereunder, but not later than December thirty-first, nineteen hundred fifty. No society already incorporated shall be required to reincorporate hereunder, and any such society may amend its articles of incorporation from time to time in the manner provided therein or in its constitution and laws, and all such amendments, duly certified by the secretary, or corresponding officer, shall be filed with the commissioner of insurance, and shall become operative upon such filing, unless a later time be provided in such amendments or in its articles of incorporation, constitution or laws.

      Any voluntary association now transacting business in this state desiring to incorporate hereunder shall receive from the commissioner a permanent certificate of incorporation as a fraternal benefit society when it shall have filed articles of incorporation, as provided in the preceding section, and shall have proven to the satisfaction of the commissioner that it has established ten or more subordinate lodges or branches into which at least five hundred applicants have been initiated, and that it has established rates of stated periodical contributions sufficient to provide for meeting the mortuary obligations contracted, when valued for death benefits upon the basis of the American experience table of mortality, with Craig’s or Buttolph’s extension thereof, or the American men ultimate table of mortality, with Bowerman’s extension thereof, with an interest assumption of not more than three and one-half percent per annum, or upon the basis of such mortality standards and interest assumptions as my be now or hereafter authorized for use by life insurance companies, and for disability benefits, and accidental death benefits, by tables based upon reliable experience, and for combined death and permanent total disability benefits by tables based upon reliable experience, with an interest assumption not higher than three and one-half percent per annum; provided, however, that the commissioner may make such examination and require such further information as he deems advisable.


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a permanent certificate of incorporation as a fraternal benefit society when it shall have filed articles of incorporation, as provided in the preceding section, and shall have proven to the satisfaction of the commissioner that it has established ten or more subordinate lodges or branches into which at least five hundred applicants have been initiated, and that it has established rates of stated periodical contributions sufficient to provide for meeting the mortuary obligations contracted, when valued for death benefits upon the basis of the American experience table of mortality, with Craig’s or Buttolph’s extension thereof, or the American men ultimate table of mortality, with Bowerman’s extension thereof, with an interest assumption of not more than three and one-half percent per annum, or upon the basis of such mortality standards and interest assumptions as my be now or hereafter authorized for use by life insurance companies, and for disability benefits, and accidental death benefits, by tables based upon reliable experience, and for combined death and permanent total disability benefits by tables based upon reliable experience, with an interest assumption not higher than three and one-half percent per annum; provided, however, that the commissioner may make such examination and require such further information as he deems advisable. Every such voluntary association so incorporated shall incur the obligations and enjoy the benefits thereof the same as though originally thus incorporated, and such corporation shall be deemed a continuation of such original voluntary association, and the officers thereof shall serve through their respective terms as provided in the original articles of association, but their successors shall be elected and serve as provided in its articles of incorporation. Such incorporation of a voluntary association shall not affect existing suits, claims or contracts.

      Sec. 15.  Consolidations and Mergers.  No domestic society shall consolidate or merge with any other society unless such consolidation or merger is evidenced by contract in writing setting out in full the terms and conditions of such consolidation or merger, and filed with the commissioner of insurance of this state, together with a sworn statement of the financial condition of each of said societies, by its president and secretary, or corresponding officers, of a date not earlier than the thirty-first day of December next preceding the date of such contract, and a certificate of such officers, duly verified by their respective oaths that such consolidation or merger has been approved by a majority vote of the members of the supreme legislative or governing body of each of said societies. Upon the submission of said contract, financial statements and certificates, the commissioner shall examine the same, and, if he shall find such financial statements to be correct, and, the said contract to be in conformity with the provisions of this section, and that such consolidation or merger is just and equitable to the members of each of said societies, he shall approve said consolidation or merger, issue his certificate to that effect, and said contract of consolidation or merger shall be in full force and effect; provided, however, that if any society, a party to such contract of consolidation or merger, shall be incorporated under the laws of any other state or territory, such consolidation or merger shall not become effective unless and until the same shall have been duly approved as provided by the laws of such state or territory, and a certificate of such approval be filed with the commissioner of this state.


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other state or territory, such consolidation or merger shall not become effective unless and until the same shall have been duly approved as provided by the laws of such state or territory, and a certificate of such approval be filed with the commissioner of this state. In case such contract is not approved, the fact of its submission and its contents shall not be disclosed by the commissioner. Upon any such consolidation or merger becoming effective, as hereinabove provided, all the rights, franchises and interests of the societies so consolidated or merged, in and to every species of property, real, personal and mixed, and things in action thereunto belonging, shall be deemed to be and shall be vested in the society resulting from or remaining after such consolidation or merger without any other instrument, except the conveyances of real property shall be evidenced by proper deeds; and the title to any real estate, or any interest therein, under the laws of this state vested in any of the societies so consolidated or merged, shall not revert or be in anyway impaired by reason of such consolidation or merger, but shall vest absolutely in the society resulting from or remaining after such consolidation or merger. Where such merger or consolidation is between a fraternal society and a beneficiary association having no lodge system or representative form of government, it may be authorized by the commissioner upon proof that it has been approved by a majority vote of the membership of the beneficiary association and of the general board of directors of the fraternal society.

      Sec. 16.  Annual License.  Societies which are now authorized to transact business in this state, and all societies hereafter licensed, may continue such business until the first day of March next succeeding the effective date of this chapter. The authority of such societies and all societies hereafter licensed may thereafter be renewed annually, but in all cases to terminate on the first day of the succeeding March. However, a license so issued shall continue in full force and effect until the new license be issued or specifically refused. For each such license or renewal the society shall pay the commissioner ten dollars. A duly certified copy or duplicate of such license shall be prima-facie evidence that the licensee is a fraternal benefit society within the meaning of this chapter.

      Sec. 17.  Admission of Foreign Society.  No foreign society, which is not now authorized to transact business in this state, shall transact any business herein without a license from the commissioner of insurance. Any such society may be licensed to transact business in this state upon filing with the commissioner a duly certified copy of its charter or articles of incorporation, a copy of its constitution and laws, certified by its secretary, or corresponding officer, a power of attorney to the commissioner as hereinafter provided, a statement of its business under oath of its president and secretary, or corresponding officers, in the form required by the commissioner, duly verified by an examination made by the supervising insurance official of its home state or other state satisfactory to the commissioner of this state, a certificate from the proper official in its home state, province, or country, that the society is legally incorporated and licensed to transact business therein, copies of its certificate forms, and upon furnishing the commissioner with such other information as he may deem necessary to a proper exhibit of its business and plan of working, and upon showing that its assets are invested in accordance with the laws of the state, territory, district, province, or country in which it is incorporated, the commissioner shall issue a license to such society to do business in this state until the first day of the succeeding March, and such license shall, upon compliance with the provisions of this chapter, be renewed annually, but in all cases to terminate on the first day of the succeeding March; provided, however, that the license shall continue in full force and effect until the new license be issued or specifically refused.


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the society is legally incorporated and licensed to transact business therein, copies of its certificate forms, and upon furnishing the commissioner with such other information as he may deem necessary to a proper exhibit of its business and plan of working, and upon showing that its assets are invested in accordance with the laws of the state, territory, district, province, or country in which it is incorporated, the commissioner shall issue a license to such society to do business in this state until the first day of the succeeding March, and such license shall, upon compliance with the provisions of this chapter, be renewed annually, but in all cases to terminate on the first day of the succeeding March; provided, however, that the license shall continue in full force and effect until the new license be issued or specifically refused. Any foreign society desiring admission to this state shall have the qualifications required of domestic societies organized under this chapter and have its assets invested as required by the laws of the state, territory, district, country or province where it is organized. Each foreign society shall pay the commissioner for its annual license the same amount required of a domestic society. If the commissioner refuses to license any society, or revokes its authority to do business in this state, he shall reduce his ruling, order or decision to writing and file the same in his office, and shall furnish a copy thereof, together with a statement of his reasons therefor, to the secretary, or other corresponding officer of the society. Nothing contained in this section shall be taken or construed as preventing any such society from continuing in good faith all contracts made in this state during the time such society was legally authorized to transact business herein.

      Sec. 18.  Service of Process.  Each society, whether domestic or foreign, now doing or hereafter admitted to do business in this state, shall appoint, in writing, the commissioner of insurance, and his successors in office, to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served, and in such writing agree that any lawful process against it which is served on said attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this state. Copies of such appointment, certified by said commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted.

      Service shall only be made upon the commissioner, or, in his absence, upon the person in charge of his office, shall be made in duplicate, and shall be deemed sufficient service upon such society; provided, however, that no such service shall be valid or binding against any such society when it is required thereunder to file its answer, pleading or defense in less than thirty days from the date of mailing the copy of such service to such society. When legal process against any such society is served upon the commissioner, he shall forthwith forward one of the duplicate copies by registered mail, prepaid and directed to the secretary or corresponding officer. Legal process shall not be served upon any such society except in the manner provided herein.


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      Sec. 19.  Limitation of Action.  No action at law or in equity shall be had or maintained on any certificate or contact issued by a fraternal benefit society unless commenced within eighteen months after the cause of action shall accrue; provided, however, that on any cause of action now existing, said suit or action shall be begun within three years from the time this section takes effect, unless said action would be barred within a shorter period by contract or statute in effect on the date of the enactment hereof, in which event said contract or statute shall be applicable to such suit.

      Sec. 20.  Place of Meeting; Location of Office.  Any domestic society may provide that the meetings of its legislative or governing body may be held in any state, district, province or territory wherein such society has subordinate branches, and all business transacted at such meetings shall be as valid in all respects as if such meetings were held in this state; but its principal office shall be located in this state.

      Sec. 21.  No Personal Liability.  Officers and members of the supreme, grand or any subordinate body of any such incorporated society shall not be individually liable for the payment of any disability, death or other benefit provided for in the laws and agreements of such society, but the same shall be payable only out of the funds of such society and in the manner provided by its laws.

      Sec. 22.  Waiver.  Unless authorized by express provisions of the constitution and laws of the society, no employee or agent of the society, or any subordinate body, or any subordinate officer or member, shall have the power, right or authority to waive or modify any of the provisions of the constitution, laws, or any contract of the society; and no custom or course of dealing on the part of any employee or agent of the society, or any subordinate body, or any subordinate officer or member, shall have the effect of so waiving or modifying any such provision, and the same shall not be binding upon the society, or any member thereof, or any beneficiary of any member; nor shall same constitute a waiver of any of the provisions of the constitution, laws or any contract of the society, nor operate as an estoppel.

      Sec. 23.  Incontestability.  Every certificate for new insurance hereafter issued shall be incontestable after it has been in force during the lifetime of the insured for a period of two years from its date of issue, except for nonpayment of stated periodical contributions, risks limited or not assumed, violation of the provisions of the contract relating to military or naval service, and violation of the provisions relating to religion, occupation, suspension or expulsion as substantially set forth in the contract; and at the option of the society, provisions relating to benefits in the event of total and permanent disability, and provisions which grant additional insurance specifically against death by accident or accidental means, may also be excepted; and such certificate shall be incontestable on the ground of suicide after such certificate has been in force during the lifetime of the insured for a period of five years from date of issue; provided, however, that every such certificate may provide that the society shall have the right to contest a reinstated certificate within a period after date of reinstatement not exceeding the period of contestability prescribed in the original certificate with the same exceptions as herein provided.


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contest a reinstated certificate within a period after date of reinstatement not exceeding the period of contestability prescribed in the original certificate with the same exceptions as herein provided.

      Sec. 24.  Benefits Not Attachable.  No money or other benefit, charity or relief or aid to be paid, provided or rendered by any such society, shall be liable to attachment, garnishment or other process, or to be seized, taken, appropriated or applied by any legal or equitable process or operation of law to pay any debt or liability of a member or beneficiary, or any other person who may have a right thereunder, either before or after payment.

      Sec. 25.  Constitution and Laws; Amendments.  Every society transacting business under this chapter shall file with the commissioner a duly certified copy of all amendments of or additions to its constitution and laws within ninety days after the enactment of the same. Printed copies of the constitution and laws as amended, changed or added to, certified by the secretary, or corresponding officer, of the society, shall be prima-facie evidence of the legal adoption thereof.

      Sec. 26.  Reports and Valuations.  (1) Every society transacting business in this state shall annually, on or before the first day of March, unless for cause shown such time has been extended by the commissioner, file with the commissioner, in such form as he may require, a statement under oath of its president, secretary and treasurer, or corresponding officers, of its affairs, condition and operations during the calendar year ending on the thirty-first day of December last preceding, which statement, or the substance thereof, shall be published in the annual report of the commissioner. The commissioner is authorized and empowered to address any additional inquiries to every such society in relation to its doings or condition, or any other matter connected with its transactions relative to the business contemplated by this chapter, and such officers of such society, as the commissioner may require, shall promptly reply in writing, and under oath, if so required, to all such inquiries.

      (2) Every domestic society, if it has an official publication or newspaper, shall publish therein a synopsis of its annual statement and valuation report within sixty days after the same have been filed with the commissioner.

      (3) In addition to the annual report herein required, each society shall annually, on or before the first day of March, file with the commissioner a valuation of its certificates in force on December thirty-first last preceding; provided, however, the commissioner may, in his discretion, for cause shown, extend the time for filing such valuation for not more than two calendar months. Such report of valuation shall show, as reserve liabilities, the difference between the present midyear value of the promised benefits provided in the contract of such society in force and the present midyear value of the future net contributions as the same are in practice actually collected, not including therein any value for the right to make extra assessments, and not including any amount by which the present midyear value of future net contributions exceeds the present midyear value of promised benefits on individual certificates.


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future net contributions exceeds the present midyear value of promised benefits on individual certificates. At the option of any society, in lieu of the above, the valuation may show the net tabular value which, in the case of monthly contributions, may be the means of the terminal reserve values for the end of the preceding and of the current certificate years; provided, every society which combines its funds shall maintain all of its reserves on the net tabular basis; and provided further, that if the contribution or payment (by whatever name known) charged is less than the tabular net contribution according to the basis of the valuation used, an additional reserve equal to the present value of the deficiency in such contributions shall be set up and maintained as a liability, except that a society which has used tabular reserves for a period of ten years preceding the effective date of this act in making its valuation on the basis of the American experience table of mortality with interest at four percent per annum, and charges net rates of contribution lower than the tabular net rates on the said valuation basis, may, in lieu of the reserve equal to the present value of the deficiency herein mentioned on all such certificates in force on the effective date of this act, set up an additional reserve to cover the deficiency in such rates calculated on a basis not less than one providing for the accumulation as a pure endowment under a level net annual rate of contribution of a sum at the end of not more than twenty years from the issue of each certificate equal to the present value at that time of the difference between the net rate charged under each certificate and the tabular net rate of contribution used in the valuation of the same certificate, Such tabular reserve values may be computed so as to allow for not more than one year preliminary term insurance, and for certificates issued after December thirty-first, nineteen hundred fifty, if the contribution charged for term insurance under a limited payment life preliminary term certificate providing for the payment of all contributions thereon in less than twenty years from the date of the certificate, or under an endowment preliminary term certificate exceeds that charged for like insurance under twenty-payment life preliminary term certificates of the same society, the reserve thereon at the end of any year including the first, shall not be less than the reserve on a twenty-payment life preliminary term certificate issued in the same year at the same age, together with an amount which shall be equivalent to the accumulation of a net level contribution sufficient to provide for a pure endowment at the end of the contribution payment period equal to the difference between the value at the end of such period of such a twenty-payment life preliminary term certificate, and the full net level contribution reserve at such time of such a limited payment life or endowment certificate. The contribution payment period is the period during which contributions are concurrently payable under such twenty-payment life preliminary term certificate and such limited payable life or endowment certificate.

      (4) Such valuation shall be certified by a competent accountant or actuary, or, at the request and expense of the society, verified by the actuary of the department of insurance of the home state of the society.


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actuary of the department of insurance of the home state of the society. The legal minimum standard of valuation for all death benefits shall be the national fraternal congress table of mortality, as adopted by the national fraternal congress August twenty-third, eighteen hundred ninety-nine, with interest assumption of not more than four percent per annum, but the society may at its option, use a table based upon the society’s own experience of at least twenty years and covering not less than one hundred thousand lives, and with interest assumption of not more than four percent per annum; provided, that all death benefits provided in certificates for new insurance issued after December thirty-first, nineteen hundred fifty, shall be valued according to the American experience table of mortality, with Craig’s or Buttolph’s extension thereof, or the American men ultimate table of mortality, with Bowerman’s extension thereof, with interest assumption of not more than three and one-half percent per annum, or according to such mortality standards and interest assumptions as may be now or hereafter authorized for use by life insurance companies; and provided further, that the minimum basis of valuation of all annuity certificates issued after December thirty-first, nineteen hundred fifty, shall be the American annuitants table with interest assumption of not more than three and one-half percent per annum. The minimum basis of valuation of all disability benefits shall be Hunter’s disability table with interest assumption of not more than three and one-half percent per annum, except that class (3) disability experience modified to conform to the contractual waiting period with interest assumption of not more than three and one-half percent per annum shall be the minimum basis of valuation of all benefits presuming that total disability shall be considered to be permanent whenever such disability has existed continuously for a period of six months or less. Accidental death benefits shall be valued upon the basis of tables based upon reliable experience with interest assumption of not more than three and one-half percent per annum. Each such valuation report shall set forth clearly and fully the mortality, disability and interest assumption and the method of valuation used in the computation of all reserve liabilities.

      (5) If such valuation on the December thirty-first next succeeding the effective date of this section shows that the admitted assets of any such society are less than the sum of its required reserves and accrued liabilities, such society shall, within four years following such valuation, except as hereinafter provided, take the necessary action to remove, by December thirty-first, nineteen hundred fifty-two, any deficiency in its admitted assets. However, if, in any two consecutive valuations subsequent to December thirty-first next succeeding the effective date of this section, a greater degree of deficiency in admitted assets is shown, the commissioner shall send written notice to such society requiring it to take, within six months from receipt of such notice, the necessary action to remove, within three years from receipt of such notice, all deficiency in its admitted assets. If either of the actions hereinbefore provided be not taken within the time herein specified, the commissioner shall, in the case of a domestic society, notify the attorney general, who shall institute proceedings for its liquidation, or shall, in the case of a foreign society, cancel its certificate of authority.


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time herein specified, the commissioner shall, in the case of a domestic society, notify the attorney general, who shall institute proceedings for its liquidation, or shall, in the case of a foreign society, cancel its certificate of authority.

      Sec. 27.  Examination of Domestic Societies.  The commissioner, or any person he may appoint, shall have the power of visitation and examination into the affairs of any domestic society. He shall cause such an examination to be made at least once in three years. He may employ assistants for the purpose of such examination, and he, or any person he may appoint, shall have free access to all the books, papers and documents that relate to the business of the society, and may summon and qualify as witness under oath and examine its officers, agents and employees or other persons in relation to the affairs, transactions and condition of the society. The expense of such examination and all valuations, including compensation and actual expense of examiners, shall be paid by the society examined, or whose contracts are valued upon statements furnished by the commissioner. The compensation of examiners shall in each case be fixed by the commissioner according to current standard rates. Whenever, after examination, the commissioner is satisfied that any domestic society has failed to comply with any provisions of this chapter, or is exceeding its powers, or is not carrying out its contracts in good faith, or is transacting business fraudulently, or in a way hazardous to its members, creditors, or the public, or whenever any domestic society, after the existence of one year or more, shall have membership of less than four hundred (or shall determine to discontinue business), the commissioner may present the facts relating thereto to the attorney general, who shall, if he deems the circumstances warrant, commence an action in quo warranto in a court of competent jurisdiction, and such court shall thereupon notify the officers of such society of a hearing, and if it shall then appear that such society should be closed, said society shall be enjoined from carrying on any further business, and some person may be appointed receiver of such society, and shall proceed at once to take possession of the books, papers, moneys and other assets of the society, and shall forthwith, under the direction of the court, proceed to close the affairs of the society and to distribute its funds to those entitled thereto. No such proceedings shall be commenced by the attorney general against any such society until after notice has been duly served on the chief executive officers of the society and a reasonable opportunity given to it, on a date to be named in said notice, to show cause why such proceedings should not be commenced.

      Sec. 28.  Application for Receiver, Etc.  No proceedings for the dissolution of, or the appointment of a receiver for, any domestic society, or branch thereof, shall be entertained by any court in this state unless the same is made by the attorney general upon request of the commissioner.

      Sec. 29.  Examination of Foreign Societies.  The commissioner, or any person whom he may appoint, may examine any foreign society transacting or applying for admission to transact business in this state.


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The said commissioner may employ assistants, and he, or any person he may appoint, shall have free access to all books, papers, and documents that relate to the business of the society. He may, in his discretion, accept, in lieu of such examination, the examination of the insurance department of the state, territory, district, province or country in which such society is incorporated. The compensation and actual expenses of the examiners making any such examination, and for all general or special valuations, shall be paid by the society examined, or whose contract obligations have been valued upon statements furnished by the commissioner; provided, the fees of the examiners shall not exceed twenty-five dollars per day for each examiner. If any such society, or its officers, refuse to submit to such examination, or to comply with the provisions of the section relative thereto, the authority of such society to write new business in the state shall be suspended or license refused until satisfactory evidence is furnished the commissioner relating to the condition and affairs of the society, and during such suspension the society shall not write new business in this state.

      Sec. 30.  No Adverse Publications.  Pending, during or after an examination or investigation of a society, either domestic or foreign, the commissioner shall make public no financial statement, report or findings, nor shall he permit to become public any financial statement, report or findings affecting the status, standing or rights of any such society, until a copy thereof shall have been served upon such society at its home office, and such society shall have been afforded a reasonable opportunity to answer any such financial statement, report or finding, and to make such showing in connection therewith as it may desire.

      Sec. 31.  Refusal, Revocation or Suspension of License.  When the commissioner upon investigation finds that a society transacting or applying to transact business in this state, (a) has exceeded its powers; (b) has failed to comply with any of the provisions of this chapter; (c) is not fulfilling its contracts in good faith; or (d) is conducting its business fraudulently or in a manner hazardous to its members or creditors or the public, he shall notify the society of his findings and state in writing the reasons for his dissatisfaction. After reasonable notice, he shall require the society to show cause on a date named why its license should not be suspended, revoked or refused. If on such date the society does not present good and sufficient reason why its authority to do business in this state should not be suspended, revoked or refused, he may suspend or refuse the license of the society to do business in this state until satisfactory evidence is furnished to him that such suspension or refusal should be withdrawn, or he may revoke the authority of the society to do business in this state.

      Sec. 32.  Exemption of Certain Societies.  (1) Except as herein provided the following societies shall be exempt from compliance with this chapter and need not be licensed, and shall also be exempt from all other provisions of the insurance laws of this state, not only in governmental relations with the state but for every other purpose:

      (a) Grand or subordinate lodges of societies, orders or associations now doing business in this state which provide benefits exclusively through local or subordinate lodges;

 


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ê1949 Statutes of Nevada, Page 476 (Chapter 217, AB 275)ê

 

now doing business in this state which provide benefits exclusively through local or subordinate lodges;

      (b) Orders, societies or associations which admit to membership only persons engaged in one or more crafts or hazardous occupations, in the same or similar lines of business, and the ladies’ societies or ladies’ auxiliaries to such orders, societies or associations;

      (c) Domestic societies which limit their membership to employees of a particular city or town, designated firm, business house or corporation which provide for a death benefit of not more than four hundred dollars or disability benefits of not more than three hundred fifty dollars to any person in any one year, or both;

      (d) Domestic societies or associations of a purely religious, charitable or benevolent description, which provide for a death benefit of not more than four hundred dollars or for disability benefits of not more than three hundred fifty dollars to any one person in any one year, or both.

      (2) Any such society or association described in clauses (c) or (d) of paragraph (1) which provides for death or disability benefits for which certificates are issued, and any such society or association included in clause (d) which has more than one thousand members, shall not be exempted from the provisions of this chapter, but shall comply with all the requirements thereof.

      (3) No society which, by the provisions of this section, is exempt from the requirements of this chapter, except any society described in clauses (a) and (b) of paragraph (1), shall give or allow, or promise to give or allow, to any person any compensation for procuring new members.

      (4) Every fraternal benefit society heretofore organized and incorporated, and which provides for benefits in case of death or disability resulting solely from accident, and which does not obligate itself to pay natural death or sick benefits, may be licensed under the provisions of this chapter, if heretofore authorized, and shall have all of the privileges and be subject to all the applicable provisions and regulations of this chapter, except that the provisions thereof relating to medical examination, standard provisions, prohibited provisions, valuations of benefit certificates, and incontestability, shall not apply to such society.

      (5) The commissioner of insurance may require from any society or association, by examination or otherwise, such information as will enable him to determine whether such society or association is exempt from the provisions of this chapter.

      Sec. 33.  Taxation.  Every society organized or licensed under this chapter, and every society exempted under section 32 of this chapter, is hereby declared to be a charitable and benevolent institution, and all of its funds shall be exempt from all and every state, county, district, municipal and school taxes other than taxes on real estate and office equipment.

      Sec. 34.  Misrepresentations, Misleading Statements and Incomplete Comparisons.  (1) No agent or representative of any fraternal benefit society authorized to transact the business of life, accident or health insurance in this state, and no other person, firm, association or corporation, shall issue or circulate, or cause or permit to be issued or circulated, any illustrations, circular, statement or memorandum misrepresenting the terms, benefits or advantages of any certificate or contract of life, accident or health insurance issued or to be issued in this state, or shall make any misleading estimate as to the dividends or share of surplus to be received in the future on such certificate or contract, or shall make any false or misleading statement as to the dividends or share of surplus previously paid by any such fraternal benefit society on similar certificates or contracts, or shall make any misleading representation, or any misrepresentation, as to the financial condition of any such fraternal benefit society, or as to the legal reserve system upon which such fraternal benefit society operates, or shall make any false or misleading statements of any other kind or nature with reference to any such fraternal benefit society.


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

ê1949 Statutes of Nevada, Page 477 (Chapter 217, AB 275)ê

 

society authorized to transact the business of life, accident or health insurance in this state, and no other person, firm, association or corporation, shall issue or circulate, or cause or permit to be issued or circulated, any illustrations, circular, statement or memorandum misrepresenting the terms, benefits or advantages of any certificate or contract of life, accident or health insurance issued or to be issued in this state, or shall make any misleading estimate as to the dividends or share of surplus to be received in the future on such certificate or contract, or shall make any false or misleading statement as to the dividends or share of surplus previously paid by any such fraternal benefit society on similar certificates or contracts, or shall make any misleading representation, or any misrepresentation, as to the financial condition of any such fraternal benefit society, or as to the legal reserve system upon which such fraternal benefit society operates, or shall make any false or misleading statements of any other kind or nature with reference to any such fraternal benefit society. No such agent, representative, person, firm, association or corporation shall make to any person or persons any incomplete comparison of any certificates or contracts of any fraternal benefit society or societies, with the certificates or contracts of any other fraternal benefit society or societies, or of any other insurer, for the purpose of inducing, or tending to induce, such person or persons to lapse, forfeit or surrender any insurance certificate or contract.

      (2) Any such comparison of the certificates or contracts of any such fraternal benefit society or societies shall be deemed to be an incomplete comparison if it does not compare in detail the gross contributions and gross contributions less any dividend or other reduction thereof allowed by the society or societies, at the date of the comparison, and the increase in any cash value and all the benefits provided by each of such certificates or contracts for the possible duration of the certificate or contract to be determined by the life expectancy of the certificate holder. The omission from any such comparison of any benefit or value provided in any such certificate or contract or of any differences as to amount or period of payment of contributions, or of any differences in limitations or conditions or provisions which directly or indirectly affect the benefits thereunder, shall constitute such comparison an incomplete comparison.

      (3) In the determination, judicial or otherwise, of the incompleteness or misleading character of any such comparison, it shall not be presumed that the certificate holder knew or knows of any of the provisions, terms or benefits contained in any insurance certificate or contract.

      (4) Any agent or representative of a fraternal benefit society, and any other person, firm, association or corporation who, or which, shall violate any of the provisions of this section, or who, or which, shall knowingly receive any compensation or commission by or in the consequence of such violation, shall be guilty of a misdemeanor, and shall be fined not less than one hundred ($100) nor more than five hundred ($500) dollars, or imprisoned for not less than thirty (30) days, nor more than six (6) months, or both, and shall, in addition thereto, be liable for a civil penalty in the amount of three times the sum received, knowingly or otherwise, by such violator as compensation or commission, which penalty may be sued for and recovered in an action of debt by any person or fraternal benefit society aggrieved for his or its own use and benefit.


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

ê1949 Statutes of Nevada, Page 478 (Chapter 217, AB 275)ê

 

more than six (6) months, or both, and shall, in addition thereto, be liable for a civil penalty in the amount of three times the sum received, knowingly or otherwise, by such violator as compensation or commission, which penalty may be sued for and recovered in an action of debt by any person or fraternal benefit society aggrieved for his or its own use and benefit.

      Sec. 35.  Reinsurance, When Permitted; Effect on Reserves.  Any domestic fraternal benefit society may, by a reinsurance agreement, cede all or any part of its risks to another insurer having the power to make such reinsurance and authorized to do business in this state, or, if not so authorized, one that is approved by the insurance commissioner. It may take credit for the reserves on such ceded risks to the extent reinsured.

      Sec. 36.  Penalties.  (1) Any person, officer, member or examining physician of any society authorized to do business under this chapter, who shall knowingly or willfully make any false or fraudulent statement or misrepresentation in or with reference to any application for membership, or for the purpose of obtaining money from, or benefit in, any society transacting business under this chapter, shall be guilty of a misdemeanor, and fined not less than one hundred ($100) nor more than five hundred ($500) dollars, or be imprisoned for not less than thirty (30) days, nor more than six (6) months, or both, in the discretion of the court.

      (2) Any person who shall willfully make a false statement of any material fact or thing in a sworn statement as to the death or disability of a certificate holder in any such society for the purpose of procuring payment of a benefit named in the certificate of such holder, and any person who shall willfully make any false statement in any verified report or declaration under oath required or authorized by this chapter shall be guilty of perjury, and shall be proceeded against and punished as provided by the statutes of this state in relation to the crime of perjury.

      (3) Any person who shall solicit membership for, or in any manner assist in procuring membership in, any fraternal benefit society not licensed to do business in this state, or who shall solicit membership for, or in any manner assist in procuring membership in any such society not authorized, as herein provided, to do business, as herein defined, in this state, shall be guilty of a misdemeanor, and shall be fined not less than one hundred ($100) nor more than three hundred ($300) dollars.

      (4) Any society, or any officer, agent or employee thereof, neglecting or refusing to comply with, or violating any of the provisions of this chapter, the penalty for which neglect, refusal or violation is not specified in this section, shall be fined not exceeding two hundred dollars.

      Sec. 37.  Penalty for Refusing or Neglecting to Make Report; Duty of Insurance Commissioner; Injunction, Etc.  Any such society refusing or neglecting to make the report, as provided in this chapter, or to appoint the commissioner of insurance as its true and lawful attorney for the purpose of this chapter, shall be excluded from doing business in this state.


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ê1949 Statutes of Nevada, Page 479 (Chapter 217, AB 275)ê

 

appoint the commissioner of insurance as its true and lawful attorney for the purpose of this chapter, shall be excluded from doing business in this state. Said commissioner must, within sixty days after failure to make such report, or in case any such society shall exceed its powers, or shall conduct its business fraudulently, or shall fail to comply with any of the provisions of this chapter, give notice, in writing, to the attorney general, who shall immediately commence an action against any such society to enjoin the same from carrying on any business. No society so enjoined shall have authority to continue business until such report shall be made or overt act or violation complained of shall have been corrected, nor until the costs of such action be paid by it, provided the court shall find that such society was in default as charged. Whereupon, the commissioner shall reinstate such society, and not until then shall such society be allowed to again do business in this state. Any officer, agent or person acting for any society, or subordinate body thereof, in this state, while such society shall be so enjoined or prohibited from doing business pursuant to this chapter, shall be deemed guilty of a misdemeanor, and shall be fined not less than one hundred ($100) dollars, nor more than five hundred ($500) dollars, or imprisoned for not less than thirty (30) days, nor more than six (6) months, or both.

      Sec. 38.  Authority to Maintain Hospitals, Asylums, Etc.; Provide For Hospitalization, Nursing and Medical Attention.  It shall be lawful for any fraternal benefit society, as defined in this chapter, now organized and existing, or hereafter organized under and by virtue of the laws of this state, or any such society organized and existing under and by virtue of the laws of any other state, country, province or territory, and now or hereafter admitted to do business in this state, to create, maintain and operate, for the benefit of its sick, disabled, aged or distressed members and their families and dependents, out of its general or expense fund, and from any voluntary contributions it may receive therefor, and from any bequest and the proceeds of any insurance contract in which it is named as beneficiary, in trust for the purposes mentioned in this section, hospitals, asylums, homes, sanitariums, or other charitable or benevolent institutions, and for such purpose any such society may own, hold or lease personal property or real property located within or without this state, with necessary buildings thereon; provided, that the amount of the general or expense fund to be expended, as herein provided, shall not exceed such amounts as shall have been or shall be from time to time authorized by the legislative or supreme governing body of such society; provided further, that maintenance, treatment and proper attendance in any such institution may be furnished free, or a reasonable charge may be made therefor, but no such institution shall be operated for profit; and provided further, that no part of the cost or expense of creating, maintaining, or operating any such institution shall be defrayed or paid out of the mortuary, sick or disability funds of any such society.


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

ê1949 Statutes of Nevada, Page 480 (Chapter 217, AB 275)ê

 

      Any such society and any society heretofore organized and incorporated which provides exclusively for benefits in case of death or disability resulting solely from accident and which does not obligate itself to pay natural death or sick benefits, may, in addition to the benefits now or hereafter authorized to be granted by it to its members, make contract provisions for full or limited hospital, nursing and medical attention, or for one or more of said items.

      Sec. 39.  Review.  All decisions and findings of the commissioner made under the provisions of this chapter shall be subject to review by proper proceedings in any court of competent jurisdiction in this state.

      Sec. 40.  Effective Date.  This act shall take effect immediately upon passage and approval.

      Sec. 41.  The provisions of article 16 of the Nevada insurance act of 1941, being sections 3656.122-3656.128, 1931-1941 Supp., N. C. L. 1929, insofar as the same are inconsistent with the provisions of this act, are hereby repealed.

 

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CHAPTER 218, AB 200

Assembly Bill No. 200–Mr. Fuetsch.

CHAPTER 218

AN ACT to amend section 11 of an act entitled “An act to require the registration of motor vehicles, trailers and semitrailers, and to require the payment of fees thereupon, imposing certain duties and obligations upon the owners of motor vehicles rented without drivers, to provide for the transfer of interest in and to motor vehicles, providing for the registration of manufacturers and dealers in motor vehicles, trailers and semitrailers, regulating the use of motor vehicles by nonresidents, making and constituting county assessors officers of the department and imposing certain duties upon them, creating a ‘motor vehicle fund,’ and providing for the disposition thereof, to prevent the taking or injury of any vehicle without the consent of the owner; to provide for the duties and powers of vehicle commissioner and for the motor vehicle department; to regulate court proceedings in certain civil actions arising under this act; to provide penalties for violations of this act and to make uniform the law relating to the subject matter of this act; and to repeal all acts in conflict or inconsistent therewith,” approved March 27, 1931, as amended.

 

[Approved March 28, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 11 of the above-entitled act, being 1929 N. C. L., 1941 Supp., section 4435.10, as amended by section 1 of chapter 96, 1945 Statutes of Nevada, is further amended to read as follows:

      Section 11.  The department in registering a vehicle, and upon the payment of the annual license fee as provided for in this act together with the payment of the personal property tax thereon (if such vehicle be subject to taxation in the State of Nevada) basing the assessed value of the vehicle upon the schedule of values for assessment purposes fixed by the Nevada tax commission for that year; provided, that if the applicant is the owner of real estate and improvements in the county in which the application is made, payment of personal property tax may be deferred if the vehicle so owned is placed forthwith on the real property roll; and provided further, that a fair and equitable adjustment of the assessed value may be made in cases where the applicant has previously secured a license for another vehicle during the same year and has sold such other vehicle, shall issue to the applicant a temporary certificate of registration valid fifteen days only, and not renewable, together with the regular license plates.


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ê1949 Statutes of Nevada, Page 481 (Chapter 218, AB 200)ê

 

that if the applicant is the owner of real estate and improvements in the county in which the application is made, payment of personal property tax may be deferred if the vehicle so owned is placed forthwith on the real property roll; and provided further, that a fair and equitable adjustment of the assessed value may be made in cases where the applicant has previously secured a license for another vehicle during the same year and has sold such other vehicle, shall issue to the applicant a temporary certificate of registration valid fifteen days only, and not renewable, together with the regular license plates. Upon the approval of the application by the commissioner he shall cause to be issued a certificate of registration and a certificate of ownership as hereinbefore provided for. Any law of the State of Nevada to the contrary notwithstanding, a new or used motor vehicle being registered for the first time shall be taxed pro rata on a monthly basis, upon the amount of time remaining in the year.

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

 

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CHAPTER 219, AB 185

Assembly Bill No. 185–Churchill County Delegation.

CHAPTER 219

AN ACT providing for a survey of the need for additional hospital facilities, and for the development and administration of a hospital construction program which will, in conjunction with existing facilities, afford hospitals adequate to serve all people of the state; designating the state department of health as the sole state agency to cooperate with the federal government; establishing methods of administration and control and making an appropriation for the same, providing penalties, providing for compliance with the requirements of the Federal hospital survey and construction act and regulations thereunder, authorizing the acceptance and expenditure of federal funds in accordance with such requirements, and other matters properly relating thereto.

 

[Approved March 28, 1949]

 

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

do enact as follows:

 

      Section 1.  This act may be cited as the “Nevada Hospital Survey and Construction Act.”

      Sec. 2.  As used in this act:

      “State department” means the state department of health.

      “State health officer” means the executive officer of the state board of health.

      “Federal act” means public law 725 of the 79th Congress, approved August 13, 1946, entitled “The Hospital Survey and Construction Act” and its amendments.

      “Surgeon general” means the surgeon general of the public health service of the United States.

      “Hospital” includes public health centers and general, tuberculosis, mental, chronic disease, and other types of hospitals and related facilities, such as laboratories, out-patient departments, nurses’ home and training facilities, and central service facilities operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care.


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ê1949 Statutes of Nevada, Page 482 (Chapter 219, AB 185)ê

 

training facilities, and central service facilities operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care.

      “Public health center” means a publicly owned facility for the provisions of public health services, including related facilities such as laboratories, clinics, and administrative offices operated in connection with public health centers.

      “Nonprofit hospital” means any hospital owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

      “Construction” includes construction of new buildings, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings, including architects’ fees, but excluding the cost of off-site improvements, and, except with respect to public health centers, the cost of the acquisition of the land.

      Sec. 3.  The state department of health shall constitute the sole agency of the state for the purpose of inventorying existing hospitals, surveying the need for construction of hospitals, and developing a program of hospital construction as provided in this act, and developing and administering a state plan for the construction of public and other nonprofit hospitals, as provided in this act.

      Sec. 4.  In carrying out the purposes of the act, the state department is authorized and directed:

      (a) To require such reports, make such inspections and investigations and prescribe such regulations as it deems necessary;

      (b) To provide such methods of administration, appoint all necessary officers and other personnel and take such other action as may be necessary to comply with the requirements of this act, the federal act and the regulations thereunder;

      (c) To procure in his discretion the temporary or intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part-time or fee-for-service basis and do not involve the performance of administrative duties;

      (d) To the extent that he considers desirable to effectuate the purposes of this act, to enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public or private;

      (e) To accept on behalf of the state and to deposit with the state treasurer any grant, gift or contribution made to assist in meeting the cost of carrying out the purposes of this act, and to expend the same for such purposes;

      (f) To make an annual report to the governor on activities and expenditures pursuant to this act, including recommendations for such additional legislation as the state department considers appropriate to furnish adequate hospital, clinic, and similar facilities to the people of this state.

      Sec. 5.  The governor shall appoint an advisory hospital council to advise and consult with the state department in carrying out the administration of this act.


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ê1949 Statutes of Nevada, Page 483 (Chapter 219, AB 185)ê

 

advise and consult with the state department in carrying out the administration of this act. The council shall consist of the state health officer, who shall serve as chairman ex officio, and six members, and shall include representatives of nongovernment organizations or groups, and of state agencies, concerned with the operation, construction, or utilization of hospitals, including representatives of the consumers of hospital services selected from among persons familiar with the need for such services. Of the members first appointed, three shall be designated by the governor to hold office for two years, and three shall be designated by the governor to hold office for four years. Members other than the members first appointed shall hold office for a term of four years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Council members, while serving on business of the council, shall receive no compensation but shall be entitled to receive travel and subsistence expenses as provided by the laws of the State of Nevada while so serving away from their places of residence. The council shall meet as frequently as the state health officer deems necessary, but not less than once each year. Upon request by three or more members, the state health officer shall call a meeting of the council.

      Sec. 6.  For the purpose of administering the provisions of this act, there is hereby appropriated from the general fund for the biennium ending June 30, 1951, seven thousand dollars ($7,000) to be paid out on claims as other claims against the state are paid. Funds received for administrative purposes from the federal government or any other source shall be deposited in the hospital administration fund and thereby merge with appropriated moneys and shall be disbursed as aforesaid.

      For the purpose of administering the provisions of this act for the period of April 1-June 30, 1949, there is hereby appropriated from the general fund the sum of one thousand dollars ($1,000) to be paid out on claims as other claims against the state are paid.

      Sec. 7.  The state department is authorized and directed to inventory existing hospitals, including public, nonprofit, and proprietary hospitals, to survey the need for construction of hospitals, and, on the basis of such inventory and survey, to develop a program for the construction of such public and other nonprofit hospitals as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate hospital, clinic, and similar services to all the people of the state.

      Sec. 8.  The state department is authorized to make application to the surgeon general for federal funds to assist in carrying out the survey, planning, and construction activities herein provided. Such funds shall be deposited in the state treasury and shall be available to the state department for expenditure for carrying out the purposes of this part. Any such funds received and not expended for such purpose shall be repaid to the treasury of the United States.

      Sec. 9.  The construction program shall provide, in accordance with regulations prescribed under the federal act, this act, and the regulations thereunder, for adequate hospital facilities for the people residing in this state, and, insofar as possible, shall provide for their distribution throughout the state in such manner as to make all types of hospital service reasonably accessible to all persons in the state.


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ê1949 Statutes of Nevada, Page 484 (Chapter 219, AB 185)ê

 

regulations prescribed under the federal act, this act, and the regulations thereunder, for adequate hospital facilities for the people residing in this state, and, insofar as possible, shall provide for their distribution throughout the state in such manner as to make all types of hospital service reasonably accessible to all persons in the state.

      Sec. 10.  The state department shall prepare and submit to the surgeon general a state plan which shall include the hospital construction program developed under this act and which shall provide for the establishment, administration, and operation of hospital construction activities in accordance with the requirements of the federal act and regulations thereunder. The state department shall, prior to the submission of such plan to the surgeon general, give adequate publicity to a general description of all the provisions proposed to be included therein, and hold a public hearing at which all persons or organizations with a legitimate interest in such plan may be given an opportunity to express their views. The state department shall from time to time review the hospital construction program and submit to the surgeon general any modifications thereof which may be found necessary and may submit to the surgeon general such modifications of the state plan not inconsistent with the requirements of the federal act as may be deemed advisable.

      Sec. 11.  The state department shall have the authority to establish standards for the maintenance and operation of hospitals which receive federal aid, which standards shall have the force and effect of law and shall supersede all local ordinances and regulations heretofore or hereafter enacted inconsistent therewith. A copy of such standards adopted by the state department of health, giving the date that it takes effect, shall be filed with the secretary of state, and copies issued in pamphlet form. Any hospital that applies for and accepts federal aid for construction under the state plan does so on condition that said hospital shall qualify under the minimum standards for maintenance and operation adopted, promulgated, and enforced by the state department.

      Sec. 12.  Any person, partnership, association, or corporation establishing, conducting, managing, or operating any hospital within the meaning of this act, who shall violate any of the provisions of the foregoing section or regulations lawfully promulgated thereunder, shall be guilty of a misdemeanor.

      Sec. 13.  The state plan shall set forth the relative need for the several projects included in the construction program, determined on the basis of the relative need of different sections of the population and of different areas lacking adequate hospital facilities, giving special consideration to hospitals serving rural communities and areas with relatively small financial resources, and in accordance with the regulations of the surgeon general prescribed pursuant to the federal act, and provide for their construction in the order of relative need so determined, insofar as financial resources available therefor make it possible.

      Sec. 14.  Applications for hospital construction projects for which federal funds are required shall be submitted to the state department, and they may be submitted by the state or any political subdivision thereof, or by any public or nonprofit agency authorized to construct and operate a hospital.


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

ê1949 Statutes of Nevada, Page 485 (Chapter 219, AB 185)ê

 

and they may be submitted by the state or any political subdivision thereof, or by any public or nonprofit agency authorized to construct and operate a hospital. Each application for a construction project shall conform to federal and state requirements and shall be submitted in the manner and form prescribed by the state department.

      Sec. 15.  The state department shall afford to every applicant for assistance for a construction project an opportunity for a fair hearing before the council upon 10 days’ written notice to the applicant. If the state department, after affording reasonable opportunity for development and presentation of applications in the order of relative need, finds that a project application is in conformity with the state plan, the state department shall approve such application and shall recommend and forward it to the surgeon general. The state department shall consider and forward applications in the order of relative need set forth in the state plan in accordance with section 13 of this act.

      Sec. 16.  From time to time the state department shall inspect each construction project approved by the surgeon general, and if the inspection so warrants, the state department shall certify to the surgeon general that work has been performed upon the project, or that purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due to the applicant.

      Sec. 17.  The state department is hereby authorized to receive federal funds in behalf of and transmit them to such applicants. There is hereby established separate and apart from all public moneys and funds of this state, a hospital construction fund. Money received from the federal government for a construction project approved by the surgeon general shall be transmitted to the state treasurer to be deposited in the state treasury to the credit of the hospital construction fund and shall be used solely for payments due applicants for work performed, or purchases made, in carrying out approved projects.

      Sec. 18.  If any provisions of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or applications of this act which can be given effect without the invalid provision or applications, and to this end the provisions of the act are declared to be severable.

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

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

 

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ê1949 Statutes of Nevada, Page 486ê

 

 

CHAPTER 220, AB 70

Assembly Bill No. 70–Mr. Wells.

CHAPTER 220

AN ACT to regulate the practice of architecture in the State of Nevada; creating a state board of architecture; defining its powers and duties; and providing penalties for the violation of this act.

 

[Approved March 28, 1949]

 

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

do enact as follows:

 

      Section 1.  The purpose of this act is to safeguard life, health, and property, and to promote the public welfare.

      Sec. 2.  As used in this act, unless the context requires otherwise, “board” means the state board of architecture of Nevada.

      Sec. 3.  There is hereby created the state board of architecture of the State of Nevada, in which shall be vested the administration of the provisions of this act. The board shall consist of five members who shall be appointed by the governor, and who shall each hold office for a term of four years; provided, that the first board appointed hereunder shall consist of five members appointed two for two years, two for three years, and one for four years, and thereafter all members shall be appointed for the full four-year term except that any vacancy caused by the death, resignation, or dismissal for cause of any member of the board shall be filled for the balance of the unexpired term. The governor may, upon bona fide complaint, and for good cause shown, after ten days’ notice to the member or members against whom charges may be filed, and after opportunity for hearing, remove any member of said board for inefficiency, neglect of duty, or malfeasance in office.

      Sec. 4.  The members of the board shall have been in the active practice of architecture in this state not less than three years prior to their appointment, and shall have been citizens of this state for at least two years immediately preceding their appointment.

      Sec. 5.  The board shall serve without pay or remuneration for subsistence and travel until such time as there are sufficient sums in the funds of the board to provide for the same. Thereafter for each day’s attendance at each meeting of the board the members of the board shall receive, from the funds of the board, a salary of ten dollars ($10), and also from the funds of the board, the subsistence and travel allowances as fixed by law.

      Sec. 6.  The members of the board shall, within thirty (30) days after appointment, take and subscribe to the oath of office as prescribed by the laws of Nevada, and file the same with the secretary of state.

      Sec. 7.  The board may provide its own quarters, in which case it shall bear the expenses incident to their maintenance.

      Sec. 8.  The board shall appoint one of its members as chairman, who shall serve without pay, and one of its members as secretary and treasurer, who shall be paid a salary out of the funds of the board not to exceed two hundred dollars ($200) per year.


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ê1949 Statutes of Nevada, Page 487 (Chapter 220, AB 70)ê

 

to exceed two hundred dollars ($200) per year. The chairman and secretary shall each serve one year. At any meeting three (3) members shall constitute a quorum, but actions shall not be deemed to have been taken upon any question unless there are at least three (3) votes in accord.

      Sec. 9.  Special meetings of the board shall be called by the secretary upon the written request of three of its members, and by giving ten days’ written notice of such meeting, and the time and place that such meeting is to be held to each member of the board.

      Sec. 10.  The board shall adopt an official seal, and all certificates issued, as provided for in this act, shall be signed by the chairman and the secretary of the board, and shall bear the imprint of the official seal.

      Sec. 11.  The secretary of the board shall keep a true and correct record of all proceedings of the board, and may employ such clerical assistance as the board may deem necessary.

      Sec. 12.  Within thirty days from and after the date of their appointment, the board shall meet to organize, elect officers as in this act provided for, and formulate and adopt a code of rules and regulations for its government in the examination of applicants for certificates to practice architecture in this state; and such other rules and regulations as may be necessary and proper, not inconsistent with this act.

      Sec. 13.  The board shall be charged with the duty of enforcing the provisions of this act, and may incur such expense as shall be necessary; providing, however, that such expenses shall not exceed the revenue derived from the fees for examination, registration, and other sources as hereinafter provided.

      Sec. 14.  All fees hereinafter provided for by the provisions of this act shall be paid to and receipted for by the secretary of the board, and shall be paid by him monthly into the state treasury to the credit of a separate fund to be known as the “architecture fund.” Said fund shall be continued from year to year and except as hereinafter provided, shall be drawn against only for the purposes of this act.

      Sec. 15.  All expenses incurred by the board shall be paid on claims signed by the chairman and secretary of the board, and paid as other claims against the state are paid, out of the continuing special fund in the state treasury hereinbefore provided.

      Sec. 16.  The practice of architecture is hereby defined as the holding out to the public of services embracing the scientific, aesthetic, and orderly coordination of all the processes which enter into the production of a completed building; performed through the medium of unbiased plans, specifications, supervision of construction, preliminary studies, consultations, evaluations, investigations, contract documents, and oral advice and direction. The practice of architecture shall not embrace any of the functions of professional engineering as defined by the laws of Nevada.

      Sec. 17.  An architect is defined as a person who is technically and legally qualified to practice architecture.


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ê1949 Statutes of Nevada, Page 488 (Chapter 220, AB 70)ê

 

      Sec. 18.  No person shall practice architecture in the State of Nevada without having a certificate issued to him under the provisions of this act. Whenever the provisions and requirements for registration under the provisions of this act have been fully complied with and fulfilled by an applicant, the board shall issue a certificate to the successful applicant as a registered architect. The certificate shall be synonymous with registration with a serial number and seal, and shall have the effect of a certificate to whom it is issued to practice architecture in this state, subject to the provisions of this act and the rules and regulations of the board. The unauthorized use or display of a certificate of registration shall be unlawful.

      Sec. 19.  Any person who is at least twenty-one (21) years of age and of good moral character, may apply for academic and technical examination for certificate and registration under this act, but before being admitted to the technical examination, shall submit satisfactory evidence of having completed a four-year course in and graduated from a high school approved by the board or the equivalent thereof.

      Sec. 20.  Upon complying with the above requirements and before receiving a certificate or being registered, the applicant shall satisfactorily pass an examination in such technical and professional courses as may be established by the board, unless said applicant be entitled to such certificate and registration without examination as provided hereinafter in this act. The board shall give examinations at least once each year, unless no applications for examinations are pending with the board.

      Sec. 21.  The board may, in lieu of all examinations, accept satisfactory evidence of any one of the qualifications set forth under the following subdivisions of this section:

      (1) A diploma of graduation from an architectural school or college showing that the applicant has completed a technical and professional course of not less than four (4) years duration, which course is approved by the board, and in addition thereto, has had at least three years of satisfactory experience, two years of which shall have been in the office or offices of a reputable architect or architects meeting all of the qualifications for practice under the provisions of this act. The board may require applicants under this subdivision to furnish satisfactory evidence of knowledge of professional practice and supervision of construction.

      (2) Registration and certification as an architect in another state or country where the qualifications required are equal to those required in this act at the date of application.

      (3) The board shall grant a certificate of qualification to practice and shall register without examination anyone who has been engaged in the practice of architecture in this state on the date of approval of this act; provided, that applicants under this subdivision shall present proof of competency and qualifications to the board; and provided further, that the application for such certificate and registration shall be made within one year after the date and approval of this act.

      (4) Any architect who has lawfully practiced architecture for a period of ten (10) or more years outside this State, except as provided in subdivision (2) of this section, shall be required to take only a practical examination, the nature of which shall be determined by the board of examiners.


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ê1949 Statutes of Nevada, Page 489 (Chapter 220, AB 70)ê

 

in subdivision (2) of this section, shall be required to take only a practical examination, the nature of which shall be determined by the board of examiners.

      Sec. 22.  The board shall issue a certificate of registration upon payment of a registration fee as hereinafter provided for in this act, to any applicant who shall successfully pass such examinations, or in lieu thereof shall bring himself within any one or more of the subdivisions of section 21 of this act. 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 the board shall be evidence that the person named therein is entitled to all the rights and privileges of a registered professional architect while such certificate remains unrevoked or unexpired.

      Sec. 23.  The secretary of the board shall keep an official register of all certificates of qualification to practice architecture issued under the provisions of this act, and of the renewals of the same as hereinafter provided for, which register shall be properly indexed and shall be open for public inspection and information.

      Sec. 24.  Each original certificate so issued and registered shall authorize the holder thereof to practice architecture as a registered architect throughout this state from the date of issuance until the last day of December next succeeding the date upon which such certificate was issued, unless such certificate shall have been revoked for cause as hereinafter provided.

      Sec. 25.  Each architect holding a certificate of qualification under the provisions of this act shall, before or during the month of each December preceding the year such holder shall desire to continue the practice of architecture, make an application together with the renewal fee hereinafter provided for a renewal of such certificate, whereupon the board shall provide a renewal of such certificate for a term of one year, and such renewal shall be duly recorded, together with its serial number, by the secretary of the board in the official register of the board hereinbefore provided for.

      Sec. 26.  Any holder of a certificate of qualification which has expired through failure to be renewed as hereinbefore provided may obtain a renewal of such certificate, at any time within one year from the date of its expiration, upon application to and with the approval of the board. The time for renewal of such expired certificate may be extended at the discretion of the board.

      Sec. 27.  The state board of architecture may, by three concurring votes, revoke any certificate of qualification to practice architecture, issued or renewed under the provisions of this act, if proof satisfactory to the board be presented in any of the following cases:

      (1) In case it is shown that the certificate was obtained by fraud.

      (2) In case the holder of the certificate has been found guilty by the board or by a court of justice of any fraud or deceit in his professional practice, or has been convicted of a felony by a court of justice.

      (3) In case the holder has been found guilty by the board of gross incompetency or gross negligence in the planning or construction of buildings.


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ê1949 Statutes of Nevada, Page 490 (Chapter 220, AB 70)ê

 

incompetency or gross negligence in the planning or construction of buildings.

      (4) In case the holder of the certificate has been found guilty by the board of signing plans for the construction of a building as a “registered architect” where he is not the actual architect of such building.

      Sec. 28.  Proceedings for the revocation of such certificate of qualification to practice architecture shall be preceded by a thirty (30) days’ written notice of the charges filed with the board. The time and place for the hearing of the charges shall be fixed in said written notice served the accused person, through counsel or by publication. At the hearing the accused shall have the right to be represented by counsel, to introduce evidence, and to examine and cross-examine witnesses. The board shall file a written report of its findings in the record of its proceedings and a copy of said report shall be sent to the accused.

      Sec. 29.  In the event that the guilt of the accused is established in the opinion of the majority of the board, the secretary shall make proper entry in the record of its proceedings and in the register declaring that the certificate of qualification is revoked and shall give notice in writing of such revocation to the holder of said certificate.

      Sec. 30.  At any time after the expiration of six months from the date of such revocation of a certificate and upon the payment of all costs incurred by the board as a result of the case at issue by the person whose certificate has been revoked, said person may make application to the board for a new certificate, and the board, at its discretion and upon evidence which in its opinion would warrant the granting of a new certificate, may issue such new certificate.

      Sec. 31.  The following fees shall be paid to the board:

      (1) For an examination for a certificate, twenty-five dollars ($25).

      (2) For a certificate of registration and qualification, twenty-five dollars ($25).

      (3) For an annual renewal of a certificate, not exceeding ten dollars ($10).

      (4) For the restoration of an expired certificate, twenty-five dollars ($25).

      (5) For the restoration of a certificate which has been revoked, twenty-five dollars ($25).

      Sec. 32.  Any applicant who fails to receive a certificate upon his first application or to pass his first examination, may enter any stated examination held within three years from the date of his failure to procure a certificate, without the payment of any additional fee.

      Sec. 33.  The following shall be exempted from the provisions of this act:

      (1) Practice as an architect in this state by any person not a resident of and having no established place of business in this state, or by any person resident in this state, but who has arrived in the state since the last holding of examinations for registration; provided, however, that such person shall have become an applicant for registration as an architect, and shall have paid the fee hereinbefore provided.


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ê1949 Statutes of Nevada, Page 491 (Chapter 220, AB 70)ê

 

an architect, and shall have paid the fee hereinbefore provided. Such exemption shall continue for such reasonable time as the board requires in which to consider and grant or deny the application of such person.

      (2) Engaging in architectural work as an employee of a registered architect; provided, that said work may not include responsible charge of design or supervision.

      (3) Practice of architecture by any person not a resident of and having no established place of business in this state, as a consulting associate of an architect registered under the provisions of this act; provided, that such nonresident is qualified for such professional service in his own state.

      (4) Practice of architecture solely as an officer or as an employee of the United States, or of a licensed contractor in this state.

      (5) Practice of architecture by any person who is a licensed architect in another state or country whose laws regulating the practice of architecture are recognized by the national council of architectural registration boards; provided, that all fees required by the provisions of this act are paid by such person.

      (6) A draftsman who does not hold himself out to the public as an architect.

      Sec. 34.  This act shall not be construed so as to prevent persons other than architects from filing application for building permits or obtaining such permits providing the drawings for such buildings are signed by the authors with their true appellation as engineer or contractor or carpenter, and so forth, but without the use of any form of the title architect, nor shall it be construed to prevent such persons from designing buildings and supervising the construction thereof for their own use.

      Sec. 35.  Nothing in this act shall be construed as preventing firms, partnerships, or associations of architects from practicing as such provided each member of such firm, partnership, or association is registered under the provisions of this act.

      Sec. 36.  Any person violating any provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced for the first offense to pay a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200); and for a second or any subsequent offense shall be sentenced to pay a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500).

      Sec. 37.  The district attorney in each of the counties shall prosecute by court action all such cases of the violation of any of the provisions of this act occurring in his jurisdiction as may be presented for such court action by the board created under this act and charged with its enforcement.

      Sec. 38.  The attorney general of the State of Nevada is hereby designated as the legal advisor of the board created under the provisions of this act.

      Sec. 39.  An appeal may be taken from the action of the board of architecture refusing to grant or suspending or revoking a certificate of registration and qualification on the ground that such action of the board was unreasonable or unlawful, to the district court of the first judicial district, or to the district court of the county in which the person who has been refused a certificate or whose certificate has been suspended or revoked has a bona fide residence.


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ê1949 Statutes of Nevada, Page 492 (Chapter 220, AB 70)ê

 

of registration and qualification on the ground that such action of the board was unreasonable or unlawful, to the district court of the first judicial district, or to the district court of the county in which the person who has been refused a certificate or whose certificate has been suspended or revoked has a bona fide residence. The judgment of the district court may be reviewed by the Supreme Court of Nevada. The board shall be served with summons as in all other civil cases. The answer of the board shall be filed within twenty (20) days after service of summons upon it.

      Sec. 40.  This act shall be in full force and effect from and after July 1, 1949.

 

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CHAPTER 221, AB 295

Assembly Bill No. 295–Mr. Embry.

CHAPTER 221

AN ACT to amend an act entitled “An act providing for the creation of power districts; prescribing powers and duties of such districts; 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 28, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 9 of the above-entitled act, being 1929 N. C. L., 1941 Supp., section 5180.09, is hereby amended to read as follows:

      Section 9.  (1) The government of the district shall be vested in a board of three directors, to be appointed by the board of county commissioners of the county within which the district is situated, from among the qualified electors of the district within thirty days after the creation and incorporation of the district ; [.] provided, however, that the government of the district may be vested in a board of three, five, or seven directors, to be elected by the qualified electors of the district, as hereinafter provided, in sections 9.1, 9.2, 9.3, 9.4 and 9.5 of this act; and provided further, that the optional provisions of this act relative to electing the said board of directors, as provided in said sections, shall not apply in any county in which the total vote cast, at the last general election or any general election hereafter, for the office of representative in Congress was or shall be less than 5,000.

      (2) The regular terms of directors of the district after the first term shall be four years. Each director shall hold office until his successor is selected or elected and qualified. Each director shall, before entering upon discharge of his duties, take and subscribe to the constitutional oath of office and furnish bond in such penal sum as the commission may, from time to time, determine, conditioned upon the faithful and impartial performance of his duties, said oath of office and bond to be approved by and filed with the commission.


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ê1949 Statutes of Nevada, Page 493 (Chapter 221, AB 295)ê

 

bond to be approved by and filed with the commission. The first directors of the district shall be selected for terms of two, three and four years, respectively.

      (3) The death of a director, his resignation, his removal for cause by the appointing power, or if elected his removal from office as provided by law, or his disability to continue for any cause to act as director, or his change of residence from the district, shall vacate the office. Within 20 days after a determination of the vacancy by the appointing power, a successor for the unexpired term shall be selected by such appointing power.

      (4) Each director of the district shall receive compensation from the district for his services as such at the rate of five ($5) dollars for each day he shall attend meetings of the board, or when he is engaged upon business of the board, said per diem not to exceed the sum of one thousand ($1,000) dollars in any one year for the three directors. Each director shall also be entitled to be reimbursed for actual and necessary expenses incurred by him in the performance of his duties required of him by law or by resolution or vote of the board.

      Sec. 2.  The above-entitled act, being 1929 N. C. L., 1941 Supp., sections 5180.01-5180.18, inclusive, is hereby amended by adding thereto sections 9.1, 9.2, 9.3, 9.4, and 9.5, which will immediately follow section 9 of said act and will read as follows:

      Section 9.1.  Fifty-one (51%) percent, or more, of the qualified electors residing in any district created pursuant to this act, as evidenced by the voting registrations on file in the office of county clerk wherein such district is located, may petition the board of county commissioners of such county to hold an election in such district for the purpose of electing members of the board of directors, and thereafter said board members shall be elected as hereinafter provided. Said petition shall indicate the number of directors desired by the petitioners, whether three, five, or seven, shall be signed by fifty-one (51%) percent, or more of the qualified electors residing in such district, and shall pray that an election be held as aforesaid. Such petition shall be filed in the office of the county clerk and a notice thereof shall be published by such county clerk, for at least two weeks before the time at which the same is to be presented to the board of county commissioners, in some newspaper printed and published in the county where said petition is presented, or if no newspaper is published in said county then in a newspaper having general circulation in said county, which newspaper shall be designated by said board as the paper most likely to impart notice of the hearing of said petition.

      Section 9.2.  When such petition is presented, and it shall appear that the notice of the presentation of said petition has been given and that said petition has been signed by the requisite number of petitioners as required by this act, the commissioners shall hold a hearing on said petition, and may adjourn such hearing from time to time not exceeding three weeks in all. At the hearing of any such petition the board of county commissioners shall disregard any informalities therein, and shall deny the same only if the provisions of this act have not been complied with, and in that event the said board shall state its reasons therefor in detail, shall enter the same upon its records, and in case the reasons are not well founded, a writ of mandamus shall, upon proper application therefor, issue out of the district court of such county, compelling the said board to act in compliance with this act.


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ê1949 Statutes of Nevada, Page 494 (Chapter 221, AB 295)ê

 

not been complied with, and in that event the said board shall state its reasons therefor in detail, shall enter the same upon its records, and in case the reasons are not well founded, a writ of mandamus shall, upon proper application therefor, issue out of the district court of such county, compelling the said board to act in compliance with this act. The said writ shall be heard within twenty days from the date of issuance, which time shall be excluded from the time given the county commissioners to act upon the petition. Upon the completion of the hearing the county commissioners shall forthwith make an order denying or granting the prayer of said petition, and if the same is granted, shall in said order divide the said district in such number of divisions as there are directors prayed for in the petition, which divisions shall be as nearly equal in size as may be practicable. Thereupon the said commissioners shall by further order duly entered in their records call an election of the qualified electors of said proposed district, and by such order shall submit the names of one or more persons from each of the divisions of said district to be voted for as directors of the district. One director from each of such divisions shall be elected by the qualified electors of the division to be represented by such director, and the commissioners by such order shall establish an election precinct or precincts within each of such divisions in such manner that each and every election precinct shall be wholly within some one of said divisions. The commissioners shall, by such order, provide for the election of directors at such organization election in such manner that one, two or three directors, according to whether there are in all three, five, or seven on the board, shall hold office until their successors are elected at the next regular election and qualify, and two, three, or four directors, as the case may be, shall hold office until their successors are elected at the second regular election and qualify. Thereafter, at the regular biennial election directors shall be elected for terms of four years, to replace the directors whose terms expire, and who shall serve until their successors are elected and qualify. Except as otherwise provided in this act, all such elections shall be conducted as near as may be practicable in accordance with the general election laws of this state, including the right to vote by absent voter’s ballot. The board of county commissioners shall meet on the second Monday succeeding such organization election and proceed to canvass the votes cast thereat, and shall declare the persons receiving, respectively, the highest number of votes for directors to be duly elected. The record of the board of county commissioners of the proceedings had and taken by it under the provisions of this act shall be, in the absence of fraud, conclusive evidence of the matters and things therein recited.

      Section 9.3.  When a district shall have provided for the election of directors, the regular elections of such district shall be held on the first Tuesday after the first Monday in April of the second calendar year following the organization election, and biennially thereafter. Not less than fifteen nor more than twenty days before any regular election, the secretary of said board shall cause notice specifying the polling places and time of holding the election to be posted in three public places in each election precinct and in the office of the board of directors.


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ê1949 Statutes of Nevada, Page 495 (Chapter 221, AB 295)ê

 

polling places and time of holding the election to be posted in three public places in each election precinct and in the office of the board of directors. Prior to the time for posting the notice the board of directors shall appoint three qualified electors to act as inspectors of election in each election precinct, and shall also appoint two clerks of election for each precinct. If the board of directors fails to appoint a board of election or the members appointed do not attend the opening of the polls on the morning of election, the electors of the precinct present at that hour may appoint the board or supply the place of absent members thereof. The board of directors shall, in its order appointing the board of election, designate the hour and the place in each precinct where the election shall be held. The secretary of the board of directors shall be ex officio district registrar of the district, and may, at least four weeks before any election, appoint a deputy registrar in each election precinct, whose duty it shall be to register all electors within his precinct applying for registration, and for this purpose he or she shall have authority to demand of the elector all information, and to administer all oaths required by this act. Such registrar and deputy registrars shall be governed in the performance of their duties by the general election laws of this state as far as they are applicable, and shall be at their places of registration to receive applications for registration from 9 o’clock a.m. until 9 o’clock p.m. on each of three Wednesdays next preceding the date of election. The registrars shall require registrants to take the following oath in substance: “I am or have declared my intention to become a citizen of the United States, and am over the age of twenty-one years, and am a qualified elector residing in the ..................... power district.”

      Only qualified electors duly registered as provided in this act shall be entitled to vote at any such election. If an elector has voted at the last preceding such election, he shall not be required to reregister in order to vote at the next succeeding election. In all other cases he shall be required to register or reregister.

      In all poll books and lists of registered electors prepared for any election hereunder, the names of electors who have registered or reregistered for such election shall be distinguished from the names of those who voted at the last preceding district election, but who have not so registered or reregistered, by the letter R enclosed in parentheses placed before each of the names of the former and the omission thereof in connection with the names of the former and the omission thereof in connection with the names of the latter. Registration of voters for any regular or special election shall close on the Wednesday preceding such election. The registration oath may be taken before the registrars or deputy registrars, any member of an election board, or any officer authorized by law to administer oaths. All oaths taken before the election board shall be by them preserved and returned with the ballots.

      Section 9.4.  Before opening the polls each inspector and each clerk must take and subscribe to an oath to faithfully perform the duties imposed upon him by law. Any elector of the precinct may administer and certify such oath.


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ê1949 Statutes of Nevada, Page 496 (Chapter 221, AB 295)ê

 

and certify such oath. Vacancies occurring during the progress of the election may be filled by the remaining inspector or inspectors, and any inspector of election may administer and certify oaths. The time of opening and closing the polls, the manner of conducting the election, canvassing and announcing the result, the keeping of the tally list, and the making and certifying of such result, and the disposition of the ballots after election, shall be the same, as near as may be, as provided for elections under the general election law of this state. Registrars and election officers may receive such compensation for their services as the board shall prescribe, not exceeding the amount paid for similar services at general elections. The returns shall be delivered to the secretary of the district, and no list, tally paper, or returns from any election shall be set aside or rejected for want of form if it can be satisfactorily understood. From and after the organization election the board of directors shall meet at its usual place of meeting on the second Monday after an election to canvass the returns, and it shall proceed in the same manner and with like effect, as near as may be, as the board of county commissioners in canvassing the returns of general elections, and when it shall have declared the result the secretary shall make full entries in his record in like manner as is required of the county clerk in general elections. The board of directors must declare elected the person or persons having the highest number of votes given for each office. The secretary shall immediately make out and deliver to such person or persons a certificate of election, signed by him and authenticated with the seal of the board. Within ten days after receiving the certificate of his election, each director shall take and subscribe to an official oath and file the same with the secretary of the board of directors.

      Section 9.5.  The officers of such district shall consist of directors as aforesaid, a president and a vice president, elected from their number, a secretary, and treasurer. The board may appoint an assistant secretary who shall exercise such of the powers and perform such of the duties of the secretary as may be designated by the board of directors, except that such assistant secretary shall not be invested with authority to sign on behalf of the secretary any bonds of the district. The secretary and treasurer shall be appointed by the board of directors and may or may not be members of said board. Such officers shall serve at the will of the board. One person may be appointed to serve as secretary and treasurer. The board may also appoint an engineer and manager and such other assistants as may be necessary. The directors immediately upon their election and qualification shall meet and organize. The board of directors shall designate some place within the county as the office of the board, and the board shall hold a regular monthly meeting in this office on such day of the month as that fixed upon by resolution duly entered upon the minutes. All meetings of the board shall be public, and a majority of the members shall constitute a quorum for the transaction of business, but on all questions requiring vote there shall be a concurrence of at least a majority of the members of the board. All records of the board shall be open to the inspection of any elector during business hours.


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ê1949 Statutes of Nevada, Page 497 (Chapter 221, AB 295)ê

 

be open to the inspection of any elector during business hours. On the first Monday in May next following their election, the board of directors shall meet and organize, and elect a president and vice president, and appoint a secretary and treasurer. The appointees aforesaid shall file bonds, which shall be approved by the board for the faithful performance of their duties. Any vacancies in the office of director shall be filled from the division in which the vacancy occurs. A director appointed to fill a vacancy, as above provided, shall hold his office until the next biennial election, and until his successor is elected and qualified.

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

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

 

________

 

 

CHAPTER 222, AB 378

Assembly Bill No. 378–Washoe County Delegation.

CHAPTER 222

AN ACT authorizing the board of county commissioners of Washoe County to pay extra compensation to the sheriff of Washoe County.

 

[Approved March 28, 1949]

 

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

do enact as follows:

 

      Section 1.  The board of county commissioners of Washoe County, Nevada, is hereby authorized to pay the sheriff of said Washoe County, in addition to his salary as provided by law, an additional sum not to exceed the sum of eight hundred ($800) dollars per annum, as compensation as county license collector.

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

 

________

 

 

CHAPTER 223, SB 18

Senate Bill No. 18–Committee on Judiciary.

CHAPTER 223

AN ACT to amend an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 116 of the above-entitled act, being section 10063, 1929 N. C. L., is hereby amended to read as follows:

      Section 116.  Every person who in any manner shall willfully advise, encourage, abet or assist another in taking his own life shall be [guilty of manslaughter] guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the state penitentiary for not more than five years.


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ê1949 Statutes of Nevada, Page 498 (Chapter 223, SB 18)ê

 

be punished by imprisonment in the state penitentiary for not more than five years.

      Sec. 2.  Section 117 of the above-entitled act, being sec. 10064, 1929 N. C. L., is hereby amended to read as follows:

      Section 117.  Every person who in any manner shall willfully advise, encourage, abet, or assist another person attempting to take the latter’s life shall be [punished by imprisonment in the state penitentiary for not more than ten years.] guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the state penitentiary for not more than five years.

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

 

________

 

 

CHAPTER 224, SB 165

Senate Bill No. 165–Senator Wilson.

CHAPTER 224

AN ACT authorizing the board of directors of the state highway department of the State of Nevada to convey to Will M. Bliss, Hatherly B. Bliss, and Will M. Bliss, as trustee for the estates of William Walter Bliss and Hatherly Bliss, all its right, title and interest in and to a portion of the land heretofore acquired by the state highway department from Hope Bliss, Will M. Bliss, Hatherly B. Bliss, and William S. Bliss.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  The board of directors of the state highway department, acting for the State of Nevada, is hereby authorized to convey to Will M. Bliss, Hatherly B. Bliss and Will M. Bliss, as trustee for the estates of William Walter Bliss and Hatherly Bliss, all right, title and interest of the State of Nevada in and to that certain land described as being the southerly 330 feet of that parcel of land situate in the NE 1/4 of the NW 1/4 of section 12, T. 14 N., R. 18 E., M. D. B. & M. in Douglas County, Nevada, and conveyed to the State of Nevada, department of highways, by Hope Bliss, Will M. Bliss, Hatherly B. Bliss, and William S. Bliss by deed dated November 17, 1936, and recorded on page 350 of book “U” of deeds, records of Douglas County, Nevada, and described more particularly by metes and bounds as follows, to-wit:

      Beginning at a point on the left or easterly 40-foot highway right-of-way line for state highway route 3 (Carson-Glenbrook highway) which point is 40.00 feet left or easterly of and at right angles to highway engineer’s station 17+12.74 P. O. T.; said point of beginning further described as bearing S. 62°32′58″ E. a distance of 2147.47 feet from the northwest corner of section 12, T. 14 N., R. 18 E., M. D. B. & M.; thence east a distance of 404.33 feet to a point; thence south a distance of 330.00 feet to a point; thence west a distance of 356.41 feet to a point on the aforesaid left or easterly 40-foot highway right-of-way line; thence from a tangent which bears N.


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

ê1949 Statutes of Nevada, Page 499 (Chapter 224, SB 165)ê

 

 

line; thence from a tangent which bears N. 14°06′45″ W., curving to the right along said right-of-way line with a radius of 260 feet, through an angle of 6°06′15″ an arc distance of 27.60 feet, more or less, to a point 40 feet left or easterly of and at right angles to highway engineer’s station 20+18.56 P. C.; thence N. 8°00′30″ W. along said right-of-way line a distance of 305.82 feet to the point of beginning; containing an area of 2.882 acres, more or less.

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

 

________

 

 

CHAPTER 225, SB 49

Senate Bill No. 49–Committee on Judiciary.

CHAPTER 225

AN ACT to amend an act entitled, “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 207 of the above-entitled act, being section 8705, 1929 N. C. L., is hereby amended to read as follows:

      Section 207.  Before issuing the writ the clerk shall require a written undertaking on the part of the plaintiff payable in [gold coin] lawful money of the United States, in a sum not less than two hundred ($200) dollars; and not less than one-fourth of the amount claimed by plaintiff, and not exceeding five thousand ($5,000) dollars, with two or more sureties to the effect that if said plaintiff dismiss such action or if the defendant recover judgment the plaintiff will pay in [gold coin] lawful money of the United States all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment including attorney’s fees, not exceeding the sum specified in the undertaking. Each of the sureties shall annex to the undertaking an affidavit that he is a resident and householder or freeholder within the state, and worth double the sum specified in the undertaking over and above all his debts and liabilities, exclusive of property exempt from execution. Upon showing by the defendant after notice to the plaintiff, the court may require an additional bond. At any time after the issuing of the attachment, but not later than five days after actual notice of the levy thereof, the defendant may except to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When excepted to, the plaintiff’s sureties, within five days from service of written notice of exception, upon notice to the defendant of not less than two nor more than five days, must justify before the judge, justice, or clerk of the court in which the action is pending; and upon failure to justify, or if others in their place fail to justify, at the time and place appointed, the writ of attachment must be vacated.


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

ê1949 Statutes of Nevada, Page 500 (Chapter 225, SB 49)ê

 

      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.

 

________

 

 

CHAPTER 226, SB 59

Senate Bill No. 59–Senators Tallman and Lemaire.

CHAPTER 226

AN ACT to amend an act entitled “An act to provide an excise tax on the distribution of motor vehicle fuel and on the use of any other inflammable or combustible liquids, used to propel motor vehicles on the highways of this state; to provide for the payment and collection thereof; to provide for the licensing of dealers engaged in the distribution of motor vehicle fuel and the filing of bonds by such dealers; to provide for the keeping of records by dealers and retailers of motor vehicle fuel, and the examination thereof; to provide for reports of carriers of motor vehicle fuel and imposing duties on such carriers and on consumers; to provide for the administration and enforcement thereof by the Nevada tax commission and fixing its duties in relation thereto; to fix penalties for the violation of the provisions of this act; to provide for the disposition of the said tax; to provide for refunds; to define certain words, terms and phrases herein; to prohibit political subdivisions from imposing similar taxes; and to repeal all other acts or parts of acts in conflict herewith,” approved March 21, 1935.

 

[Approved March 29, 1949]

 

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 6570.05, 1929 N. C. L., Supp. 1941, is hereby amended to read:

      Section 5.  The provisions of this act requiring the payment of excise taxes shall not apply to motor vehicle fuel so long as it remains in interstate or foreign commerce, nor to motor vehicle fuel exported from this state by a dealer or sold to the government of the United States for official use of such government, but every dealer shall report such exports and sales to the tax commission at such times, on such forms, and in such detail as said tax commission may require. Any claim for exemption from excise tax [by reason of sale to the government of the United States or any department thereof] may be made by the dealer at any time within six (6) months after the date of the sale, or export, [and all other claims may be made within three (3) months from the date of sale,] but no claim made after the expiration of said period shall be recognized for any purpose by the state or any agency thereof.

      Any person who shall export any motor vehicle fuel from this state, or who shall sell any such fuel to the government of the United States for official use of such government, or who shall buy and use any such fuel for purposes other than in and for the propulsion of motor vehicles, and who shall have paid any tax on such fuel levied or directed to be paid as provided by this act, either directly by the collection of such tax by the vendor from such consumer or indirectly by the adding of the amount of such tax to the price of such fuel, shall be reimbursed and repaid the amount of such tax so paid by him or it, upon presenting to the tax commission an affidavit, accompanied by the original invoices showing such purchase, which affidavit shall be verified by the oath of such affiant and shall state the total amount of such fuel so purchased and used by such consumer otherwise than for the propulsion of motor vehicles, as defined in this act, that claimant has paid the price therefor, and the manner and the equipment in which claimant has used the same; and as to such motor vehicle fuel purchased and sold to the United States government, or any department thereof, for the official use of said government, claimant shall upon such sale obtain a receipt or written statement signed by a duly authorized agent, officer or representative of the United States government, or the department thereof, stating that such officer, agent, or representative is authorized to make such purchase of motor vehicle fuel for and on behalf of the United States government or the particular department thereof, and that such motor vehicle fuel will be used by the United States government or by its officers, agents, employees or representatives, for official use only, or shall obtain the usual United States government motor vehicle fuel tax exemption certificate; and as to motor vehicle fuel purchased and exported from this state, the claimant for refund shall execute and furnish to the tax commission, certificate of exportation on such form as may be prescribed by the tax commission, properly sworn to, and said tax commission upon the presentation of such affidavits and invoices, written statements, tax exemption certificates or exportation certificates, shall cause to be repaid to such claimant from the tax collected hereunder, an amount equal to the taxes so paid by the claimant; provided further, however, that application for refund, together with the necessary supporting evidence as provided by this paragraph must be filed with the tax commission within six (6) months from the date of purchase; [provided, however, that supporting evidence on sales to the United States government must be filed with the tax commission within six (6) months from date of such sales;] otherwise all rights to such refunds shall be forfeited; and provided further, that the tax commission shall have the right if it so desires, in order to establish the validity of any claim, to examine the books and records of the claimant for such purpose, and the failure upon the part of the claimant to accede to such demand shall constitute a waiver of all rights to the refund claimed on the account of the transaction questioned.


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

ê1949 Statutes of Nevada, Page 501 (Chapter 226, SB 59)ê

 

such tax by the vendor from such consumer or indirectly by the adding of the amount of such tax to the price of such fuel, shall be reimbursed and repaid the amount of such tax so paid by him or it, upon presenting to the tax commission an affidavit, accompanied by the original invoices showing such purchase, which affidavit shall be verified by the oath of such affiant and shall state the total amount of such fuel so purchased and used by such consumer otherwise than for the propulsion of motor vehicles, as defined in this act, that claimant has paid the price therefor, and the manner and the equipment in which claimant has used the same; and as to such motor vehicle fuel purchased and sold to the United States government, or any department thereof, for the official use of said government, claimant shall upon such sale obtain a receipt or written statement signed by a duly authorized agent, officer or representative of the United States government, or the department thereof, stating that such officer, agent, or representative is authorized to make such purchase of motor vehicle fuel for and on behalf of the United States government or the particular department thereof, and that such motor vehicle fuel will be used by the United States government or by its officers, agents, employees or representatives, for official use only, or shall obtain the usual United States government motor vehicle fuel tax exemption certificate; and as to motor vehicle fuel purchased and exported from this state, the claimant for refund shall execute and furnish to the tax commission, certificate of exportation on such form as may be prescribed by the tax commission, properly sworn to, and said tax commission upon the presentation of such affidavits and invoices, written statements, tax exemption certificates or exportation certificates, shall cause to be repaid to such claimant from the tax collected hereunder, an amount equal to the taxes so paid by the claimant; provided further, however, that application for refund, together with the necessary supporting evidence as provided by this paragraph must be filed with the tax commission within six (6) months from the date of purchase; [provided, however, that supporting evidence on sales to the United States government must be filed with the tax commission within six (6) months from date of such sales;] otherwise all rights to such refunds shall be forfeited; and provided further, that the tax commission shall have the right if it so desires, in order to establish the validity of any claim, to examine the books and records of the claimant for such purpose, and the failure upon the part of the claimant to accede to such demand shall constitute a waiver of all rights to the refund claimed on the account of the transaction questioned.

      Motor vehicle fuel carried out of this state to an amount not exceeding twenty-five (25) gallons in the fuel tank or tanks of such motor vehicle shall not be deemed to be exported for the purposes of this section.

      All claims for refunds under this section shall be paid from the Nevada state highway fund upon claims presented by the said tax commission, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.


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

ê1949 Statutes of Nevada, Page 502 (Chapter 226, SB 59)ê

 

commission, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.

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

 

________

 

 

CHAPTER 227, SB 61

Senate Bill No. 61–Committee on Public Health.

CHAPTER 227

AN ACT designating the state board of health the state agency to act as the state water pollution agency for purposes of the federal water pollution control act.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  As used in this act:

      (a) “Federal Act” means the water pollution control act, public law 845, 80th Congress (62 Stat. 1155) approved June 30, 1948.

      (b) “Surgeon General” means the surgeon general of the public health service of the United States.

      (c) “Federal Security Administrator” means the administrator of the federal security agency.

      (d) “Interstate Agency” means an agency of two or more states having power or duties pertaining to the abatement of pollution of water.

      Sec. 2.  The state board of health is hereby designated as water pollution agency for this state for all purposes of the federal act and is hereby authorized to take all action necessary or appropriate to secure to this state the benefits of the federal act.

      Sec. 3.  In carrying out the purposes of section 2 of this act, the state board of health, in addition to any other action which may be necessary or appropriate to carry out the purposes of section 2, is authorized:

      (a) To cooperate with the surgeon general and other agencies of the federal government, other states, interstate agencies and other interested parties in all matters relating to water pollution, including the development of programs for eliminating or reducing pollution and improving the sanitary condition of water;

      (b) On behalf of this state to apply for and receive funds made available to the state board of health under the federal act by any agency of the federal government; provided, that all moneys received from any federal agency as herein provided shall be paid into the state treasury and shall be expended, under the direction of the state board of health, solely for the purpose or purposes for which the grant or grants shall have been made;

      (c) To approve projects for which application for loans or grants under the federal act is made by any municipality, including any city, town, district or other public body created by or pursuant to the laws of this state and having jurisdiction over disposal of sewage, industrial wastes or other wastes, or agency of this state or by an interstate agency; and

 


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

ê1949 Statutes of Nevada, Page 503 (Chapter 227, SB 61)ê

 

the laws of this state and having jurisdiction over disposal of sewage, industrial wastes or other wastes, or agency of this state or by an interstate agency; and

      (d) To participate through its authorized representatives in proceedings under the federal act; to recommend measures for abatement of water pollution originating in this state; to give consent on behalf of this state to requests by the federal security administrator to the attorney general of the United States for the bringing of suit for abatement of such pollution; and to consent to the joinder as a defendant in such suit of any person who is alleged to be discharging matter contributing to the pollution, abatement of which is sought in such suit.

      Sec. 4.  Interstate agreements or compacts relating to the control and reduction of pollution of interstate streams, ponds and lakes, that flow across or form a part of the boundaries between this and another state, shall not be binding or obligatory upon this state unless and until it has been approved by the congress as provided in subsection (c) of section 2 of the federal act.

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

 

________

 

 

CHAPTER 228, SB 86

Senate Bill No. 86–Committee on Judiciary.

CHAPTER 228

AN ACT to amend an act entitled “An act to require foreign corporations to qualify before carrying on business in this state, regulating and prescribing the manner thereof, other matters pertaining thereto, and repealing all other acts in conflict herewith,” approved March 20, 1907.

 

[Approved March 29, 1949]

 

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 1841 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  Every corporation organized under the laws of another state, territory, the District of Columbia, a dependency of the United States or foreign country, which shall hereafter enter this state for the purpose of doing business therein, must, before commencing or doing any business in this state, file in the office of the secretary of state of the State of Nevada a certified copy of [said] its articles of incorporation, or of its charter, or of the statute or statutes, or legislative, or executive, or governmental acts, or other instrument or authority by which it was created, [and a certified copy thereof, duly certified by the secretary of this state, in the office of the county clerk of the county where its principal place of business in this state is located] and of all papers, documents and instruments amendatory thereof, supplemental thereto, or otherwise related to any of the aforesaid instruments of creation, and which, pursuant to the laws of the place of its creation are required to be filed or recorded therein; and which have been so filed or recorded therein since its creation and to the date of submission to the office of the secretary of state of the State of Nevada of the aforesaid papers, documents and instruments for the purpose of qualifying such corporation in this state; and submit with such certified papers a second copy of all thereof, conformed in every respect to such certified papers, for certification by the secretary of state of this state for filing by said corporation in the office of the county clerk of the county where its principal place of business in this state is located.


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

ê1949 Statutes of Nevada, Page 504 (Chapter 228, SB 86)ê

 

the place of its creation are required to be filed or recorded therein; and which have been so filed or recorded therein since its creation and to the date of submission to the office of the secretary of state of the State of Nevada of the aforesaid papers, documents and instruments for the purpose of qualifying such corporation in this state; and submit with such certified papers a second copy of all thereof, conformed in every respect to such certified papers, for certification by the secretary of state of this state for filing by said corporation in the office of the county clerk of the county where its principal place of business in this state is located.

      The certificate of such certifying officer having the custody of the papers required by this section to be certified and filed with the secretary of state, shall also certify that the papers certified by him are all of such papers on file or of record in his office to the date of such certification.

      The certification of the aforesaid corporate papers shall be made under the hand and seal of the official of the place of creation of such corporation, having the custody of such corporate papers or records; and if such place of creation shall be a foreign country, such official’s status, as such, shall also be authenticated in such manner as may, in such foreign country, be applicable to papers certified therein which are for filing or record in some other country.

      Any foreign corporation qualified to transact business in this state shall, upon the filing in the state of its creation of any paper, document or instrument amendatory of, supplemental to, or otherwise related to the instrument of its creation, and which, pursuant to the laws of the place of its creation are to be filed or recorded therein shall forthwith file with the secretary of state of this state a copy thereof, certified by the official with whom the same shall have been filed in the place of its creation, in the manner heretofore prescribed and set forth in this section.

      If any such corporation shall fail so to file any of the papers referred to in the preceding paragraph of this section, in the manner and at the time therein prescribed, and the secretary of state shall have knowledge that the same have not been thus filed in his office but are of record in the place wherein the corporation was created, he shall refuse to file any such papers thereafter submitted for filing until such corporation shall first cause to be filed in his office and pay the filing fee applicable thereto, such papers as the corporation has failed previously to file as provided in the preceding paragraph of this section.

      In the event the papers by this section required to be filed in this state are of record in the place of its creation in a foreign language, such certified papers in such foreign language, shall be accompanied by a verified translation thereof into the English language.

      Sec. 2.  The above-entitled act is hereby amended by inserting therein a new section to be known as and numbered section 1(a) to follow immediately after section 1, as amended:

      Section 1(a).  Any foreign corporation qualified to do business in this state, under the provisions of this act, may withdraw therefrom, and surrender such right, by filing with the secretary of state notice of its purpose so to do, duly authorized to be given by resolution of its board of directors and executed under corporate seal by the proper officers thereof, and upon payment of the statutory fee for filing such a notice; provided, such corporation’s right to do business in this state at the time such notice is submitted for filing has not been revoked.


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

ê1949 Statutes of Nevada, Page 505 (Chapter 228, SB 86)ê

 

and surrender such right, by filing with the secretary of state notice of its purpose so to do, duly authorized to be given by resolution of its board of directors and executed under corporate seal by the proper officers thereof, and upon payment of the statutory fee for filing such a notice; provided, such corporation’s right to do business in this state at the time such notice is submitted for filing has not been revoked.

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

 

________

 

 

CHAPTER 229, SB 120

Senate Bill No. 120–Committee on Education.

CHAPTER 229

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 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 131 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:

      Section 131.  In any county in which no county high school is located, the county commissioners, at the time of making the annual levy for said county, if petitioned by the board of trustees of the district high school in any county having but one (1) duly organized high school, or the several boards of trustees of the district high schools in counties having more than one (1) such high school, shall levy a county tax for high school purposes of not less than twenty (20¢) cents, or such part thereof as is shown in said petition to be necessary, on the hundred ($100) dollars of assessed valuation of the county for the benefit of any district high school or schools that comply with the following conditions:

      1.  That the said district high school is already established and is complying with the legal requirements of the state for such high school.

      2.  That the board of school trustees of each district interested shall have submitted to the board of county commissioners at the time the annual school budget is filed with said commissioners, a resolution regularly adopted by said board of trustees, opening their high school to all properly qualified students of the county.

      3.  That the board of school trustees of the district or districts having high schools as described in paragraph 1 of this section shall each have levied a special district tax of not less than twenty-five (25¢) cents on the hundred dollars ($100) of assessed valuation of all taxable property within the district for school purposes.

      4.  That, in the case of a newly organized district high school there shall be at least ten (10) actual resident students of high school grade needing or desiring high school training and intending to attend such district high school when established, or, in the case of a district high school already established and in operation, the deputy superintendent of public instruction shall certify to the board of county commissioners that the prospects are that there will be at least [eight (8)] five (5) actual resident students of high-school grade in attendance at said district high school for the ensuing school year [.]


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ê1949 Statutes of Nevada, Page 506 (Chapter 229, SB 120)ê

 

needing or desiring high school training and intending to attend such district high school when established, or, in the case of a district high school already established and in operation, the deputy superintendent of public instruction shall certify to the board of county commissioners that the prospects are that there will be at least [eight (8)] five (5) actual resident students of high-school grade in attendance at said district high school for the ensuing school year [.] ; provided, however, that from and after July 1, 1951, no district high school shall be permitted to continue operation unless there will be at least eight (8) actual resident students of high school grade in attendance at said district high school for the then ensuing school year.

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

 

________

 

 

CHAPTER 230, SB 168

Senate Bill No. 168–Committee on Judiciary.

CHAPTER 230

AN ACT to amend an act entitled “An act to provide for the appointment of official reporters for the district courts, their duties, qualifications and compensation, and to repeal all former acts in relation thereto,” approved March 12, 1907.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  The above-entitled act, being sections 8455-8460, inclusive, N. C. L. 1929, is hereby amended by adding after section 6 thereof a new section to be known as section 7, reading as follows:

      Section 7.  The judge or judges of any district court in the state may with the approval of the board of county commissioners of any one or more of the counties comprising such district, in addition to the appointment of a court reporter as in this act provided, enter an order for the installation of sound recording equipment for use in any of the instances recited in section 1 of this act, for the recording of any and all civil and criminal proceedings, testimony, objections, rulings, exceptions, arraignments, pleas, sentences, statements and remarks made by the district attorney or judge, oral instructions given by the judge and any and all other proceedings occurring in civil or criminal actions or proceedings, or special proceedings whenever and wherever and to like extent as any of such proceedings have heretofore under existing statutes been recorded by the official court reporter or any special reporter or any reporter pro tem appointed by the court.

      For the purpose of operating such sound recording equipment the court or judge may appoint or designate the official court reporter or a special reporter or reporter pro tem or the county clerk or clerk of such court or deputy clerk. Such person so operating such sound recording equipment shall subscribe to an oath that he will well and truly operate the same so as to record all of such matters and proceedings.


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ê1949 Statutes of Nevada, Page 507 (Chapter 230, SB 168)ê

 

      The court may then designate such person so operating such equipment or any other competent person to read said recording and to transcribe the same into typewriting. Such person so transcribing such recording shall subscribe to an oath that he has truly and correctly transcribed the same. Such transcript may be used for all purposes for which transcripts have heretofore been received and accepted under then existing statutes, including transcripts of testimony and transcripts of proceedings as constituting bills of exceptions or part of the bill of exceptions on appeals in all civil or criminal cases, and including transcripts of preliminary hearings before justices of the peace and other committing magistrates, and shall be subject to correction in like manner as transcripts under existing statutes.

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

      Sec. 3.  This act shall be effective on and after July 1, 1949.

 

________

 

 

CHAPTER 231, SB 159

Senate Bill No. 159–Committee on Public Morals.

CHAPTER 231

AN ACT to license and regulate the operation of pari-mutuel betting, on licensed racing and competitive sports events, in certain enclosures only, in Nevada; limiting deductions from pari-mutuel betting pools; requiring certain sums so deducted to be paid into the state treasury; designating the state tax commission to administer this act; prohibiting certain other forms of betting; providing penalties; and other matters properly relating thereto.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  From and after the passage and approval of this act, it shall be unlawful for any person, firm, association, or corporation, either as owner, lessee, or employee, whether for hire or not, to operate, carry on, conduct or maintain, in the State of Nevada, any form of wagering under the system known as the pari-mutuel method of wagering on any racing or sporting event, without having first procured a license for the same as hereinafter provided; and provided further, that no alien, or any person except a citizen of the United States, shall be issued a license, or shall directly or indirectly own, operate, or control any game or device so licensed.

      Sec. 2.  The Nevada tax commission shall be charged with the administration of this act for the protection of the public and in the public interest and is hereby empowered to make rules and regulations governing, permitting and regulating such wagering, which shall be conducted only by the licensee and only within the enclosure and only on the dates determined and set by said commission. Such rules and regulations may include, without limitation thereof, the following:

      (a) Requiring fingerprinting of an applicant, or licensee, or other method of identification.


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

ê1949 Statutes of Nevada, Page 508 (Chapter 231, SB 159)ê

 

      (b) Information concerning applicant’s antecedents, habits, and character.

      (c) Prescribing the method and form of application which any applicant for a license hereunder shall follow and complete prior to consideration of said tax commission of his application.

      Sec. 3.  The Nevada tax commission shall, before issuing a pari-mutuel wagering license under this act, charge and collect in advance from each applicant a license fee of fifty ($50) dollars per day.

      All fees collected under this section shall be placed in the state treasury to the credit of the general fund.

      Sec. 4.  Any licensee conducting any form of mutual wagering provided for in this act shall provide a place or places in the meeting grounds or enclosure at which such licensee may conduct, operate and supervise the pari-mutuel method of wagering upon the results of the racing or sporting events conducted within its enclosure where the progress of the betting and the odds paid may be open to public view.

      Sec. 5.  All other forms of wagering or betting on the results of any of the races or events licensed hereunder outside the enclosure where such races or events are licensed by the board are illegal.

      Sec. 6.  A wager made inside an enclosure under the pari-mutuel system for a principal who is not within the enclosure shall be considered a wager made within the enclosure for the purpose of this act, and any activity of the principal in connection with such wager shall not be considered a wager made outside the enclosure.

      Sec. 7.  The commission deducted by any licensee from pari-mutuels shall not exceed twelve (12%) percent of the gross amount of money handled in each pari-mutuel pool operated by him during the period of the license, one-sixth (1/6) of which shall be reported to and paid by said licensee as directed by the Nevada tax commission and shall be deposited by said Nevada tax commission in the state treasury to the credit of the general fund. The licensee may deduct odd cents less than ten (10¢) cents in paying bets.

      It is hereby made the duty of the Nevada tax commission and they are hereby granted the power to demand access to and inspect all books and records of any person licensed hereunder, pertaining to and affecting the subject of the license.

      The amount deducted by the licensee for payment to the Nevada tax commission shall be in addition to the license fee required by this act.

      Sec. 8.  All licenses granted under this act are subject to suspension or revocation by the commission in any case where the commission has reason to believe that any condition of its license has not been complied with or that any law or rule or regulation of the commission has been broken or violated; provided, however, no license shall be revoked or suspended until after a hearing had by the commission after due notice in writing addressed to the licensee, which notice delivered to the licensee, or his agents or employees in charge of the licensed premises, shall be deemed sufficient notice for the purposes hereof.


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

ê1949 Statutes of Nevada, Page 509 (Chapter 231, SB 159)ê

 

      The action of the commission in revoking or suspending a license issued under this act is subject to court review.

      Sec. 9.  The violation of any of the provisions of this act or the regulations promulgated hereunder shall be deemed a misdemeanor and shall be punished by a fine of not more than five hundred ($500) dollars, or imprisonment in the county jail for a term of not more than six (6) months, or by both such fine and imprisonment.

      Sec. 10.  The provisions and terms of this act shall not apply to horse race meetings conducted by any state fair association, agricultural society, county fair, or any other association to which state or county aid is given; provided further, that where any other state license is required to conduct a racing or sporting event such license must first be procured before pari-mutuel betting may be licensed in connection therewith.

      Sec. 11.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

 

________

 

 

CHAPTER 232, SB 63

Senate Bill No. 63–Committee on Judiciary.

CHAPTER 232

AN ACT to amend an act entitled “An act concerning mortgages of personal property, providing for their recordation, and other matters relating thereto, and repealing all acts or parts of acts in conflict herewith,” approved March 8, 1923.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 10 of the above-entitled act, being section 995, 1929 N. C. L., is hereby amended so as to read as follows:

      Section 10.  [Any personal property mortgaged as aforesaid, may be seized under attachment or execution, and the surplus, over and above the mortgage debt, secured to any other creditor of the mortgagor by serving upon the mortgagor and mortgagee, or, in his absence from the county, upon his or their agent or other person in charge or possession of such personal property, a copy of the attachment or execution, or, in case no such person can be found in the county in charge or possession thereof, then by filing a copy of the writ of attachment or execution in the office of the county recorder of the county executing the same, to the effect that such property is so attached. But the possession of mortgaged personal property shall not be taken from the mortgagor or mortgagee unless full payment of the mortgagee’s demand be first made, which, if done by the attaching or executing creditor of the mortgagor, shall entitle him to hold such personal property and the possession thereof under his levy for repayment to him of the amount so paid, in addition to his own individual demand; and any officer executing any execution is hereby authorized to sell such property for the amount of such mortgage demand, in addition to the amount of execution, and out of the proceeds of sale to first satisfy such mortgage demand.


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

ê1949 Statutes of Nevada, Page 510 (Chapter 232, SB 63)ê

 

individual demand; and any officer executing any execution is hereby authorized to sell such property for the amount of such mortgage demand, in addition to the amount of execution, and out of the proceeds of sale to first satisfy such mortgage demand. In case of such levy of attachment or execution upon such mortgaged personal property, when the amount of the mortgage demand is not paid to the mortgagee, the officer may expose such property for sale, and may sell the same subject to the rights of the mortgagee under the mortgage, and the purchaser shall take the property subject to such rights and subject to the possession of the parties to the mortgage.]

      Personal property mortgaged may be taken under attachment or execution issued at the suit of a creditor of the mortgagor. Within five days after the property is so taken, the officer must pay or tender to the mortgagee the amount of the mortgage debt and interest, or must deposit the amount thereof with the county clerk or treasurer, payable to the order of the mortgagee, or release the property; provided, however, that if the mortgagee refuses to accept the pay or tender of the amount of the mortgage debt and interest, or if the mortgagee refuses to disclose the amount of the mortgage debt and interest, then the officer must attach the mortgaged personal property as if the same were free from said mortgage or encumbrance, and the officer shall take the property, and in the case of an execution, sell it in the manner provided by law; and provided, however, that when an attachment or execution creditor presents to the officer a verified statement that the mortgage is void or invalid for reasons therein specified and delivers to the officer a good and sufficient undertaking in double the amount of the mortgage debt or double the value of the mortgaged property, as the officer may determine and require, the officer shall take the property, and, in the case of an execution, sell it in the manner provided by law.

      The undertaking shall be made to both the officer and the mortgagee and shall indemnify them and each of them for the taking of the property against loss, liability, damages, costs, and counsel fee. Exceptions to the sufficiency of the sureties and their justification may be had and taken in the same manner as upon an undertaking on attachment.

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

 

________

 

 


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

ê1949 Statutes of Nevada, Page 511ê

 

CHAPTER 233, SB 70

Senate Bill No. 70–Senator Baker.

CHAPTER 233

AN ACT to amend an act entitled “An act to require the registration of motor vehicles, trailers and semitrailers, and to require the payment of fees thereupon, imposing certain duties and obligations upon the owners of motor vehicles rented without drivers, to provide for the transfer of interest in and to motor vehicles, providing for the registration of manufacturers and dealers in motor vehicles, trailers and semitrailers, regulating the use of motor vehicles by nonresidents, making and constituting county assessors officers of the department and imposing certain duties upon them, creating a ‘Motor Vehicle Fund,’ and providing for the disposition thereof, to prevent the taking or injury of any vehicle without the consent of the owner; to provide for the duties and powers of vehicle commissioner and for the motor vehicle department; to regulate court proceedings in certain civil actions arising under this act; to provide penalties for violations of this act and to make uniform the law relating to the subject matter of this act; and to repeal all acts in conflict or inconsistent therewith,” approved March 27, 1931.

 

[Approved March 29, 1949]

 

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 4435.05, 1929 N. C. L., Supp. 1941, is hereby amended to read as follows:

      Section 6.  (a) Every owner of a motor vehicle, trailer, or semitrailer intended to be operated upon any highway in this state shall, before the same can be operated, apply to the department for and obtain the registration thereof.

      (b) Application for the registration of a vehicle herein required to be registered shall be made in the office of the department, located in the county within the State of Nevada of which the owner shall be a resident, upon the appropriate form furnished by the department, and shall be signed by the owner and contain his residence address and a brief description of the vehicle to be registered, including the name of the maker, the engine, identification and/or serial number, whether new or used, and the last license number, if known, and the state in which issued and, upon the registration of a new vehicle, the date of sale by the manufacturer or dealer to the person first operating such vehicle. The application shall contain such other information as may be required by the department.

      (c) In the event that the vehicle to be registered shall be a specially constructed, reconstructed, or foreign vehicle, such fact shall be stated in the application, and with reference to every foreign vehicle which has been registered theretofore outside of this state, the owner shall exhibit to the department the certificate of title and registration card or other evidence of such former registration as may be in the applicant’s possession or control or such other evidence as will satisfy the department that the applicant is the lawful owner or possessor of the vehicle.

      (d) In the event that the owner of a motor vehicle for which registration is applied rents or intends to rent such motor vehicle without a driver, either on a single occasion or regularly, such fact shall be stated in the application and the department shall not register such vehicle until and unless the owner shall agree to carry insurance or cause insurance to be carried as provided in section 20 of this act, or if the owner fail to make such agreement until and unless the owner shall demonstrate to the department his financial ability to respond to damages as follows:

 


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

ê1949 Statutes of Nevada, Page 512 (Chapter 233, SB 70)ê

 

a driver, either on a single occasion or regularly, such fact shall be stated in the application and the department shall not register such vehicle until and unless the owner shall agree to carry insurance or cause insurance to be carried as provided in section 20 of this act, or if the owner fail to make such agreement until and unless the owner shall demonstrate to the department his financial ability to respond to damages as follows:

      (1) If he apply for registration of one motor vehicle, in the sum of at least five thousand dollars, for any person injured or killed and in the sum of ten thousand dollars for any number more than one injured or killed in any one accident.

      (2) If he apply for the registration of more than one motor vehicle, then in the foregoing sums for one motor vehicle and five thousand dollars additional for each motor vehicle in excess of one; but it shall be sufficient for the owner to demonstrate his ability to respond in damages in the sum of one hundred thousand dollars for any number of motor vehicles.

      The department shall cancel the registration of any motor vehicle rented without a driver whenever the department ascertains that the owner has failed, or is unable to comply with the requirements of this subdivision (d).

      (e) The provisions of this act requiring the registration of certain vehicles shall not apply to special mobile equipments nor to implements of husbandry temporarily drawn, moved, or otherwise propelled upon the highways.

      (f) All motor vehicles owned by the State of Nevada, or by any board, bureau, department, or commission thereof, or any county, city, town, school district, or irrigation district in the state shall be exempt from the payment of the license fee thereon. The department shall provide suitable distinguishing plates for said vehicles, which shall be provided at cost and shall be displayed on said vehicles in the same manner as provided for privately owned vehicles.

      Applications for such licenses shall be made through the head of the department, board, bureau, commission, school district, or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling said vehicles, and no plate or plates shall be issued until a certificate shall have been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district, or irrigation district, as the case may be, and the words “For official use only” have been permanently and legibly affixed to each side of said vehicle.

      Sec. 2.  Section 9 of the above-entitled act, being section 4435.08, 1929 N. C. L., Supp. 1941, is hereby amended to read as follows:

      Section 9.  The department shall file each application received and register the vehicle therein described and the owner thereof in suitable books or on index cards as follows:

      (1) Under a distinctive registration number assigned to the vehicle and to the owner thereof hereinafter referred to as the registration number;


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

ê1949 Statutes of Nevada, Page 513 (Chapter 233, SB 70)ê

 

      (2) Alphabetically under the name of the owner;

      (3) Numerically under the motor number of the vehicle or a permanent identifying number, as may be determined by the department;

      (4) The department may also register such vehicle under the serial number or otherwise in its discretion.

      Sec. 3.  The above-entitled act is further amended by adding thereto a new section to be known as section 1.5, which shall immediately follow section 1 of said act, and shall read as follows:

      Section 1.5.  The word “identification,” or the phrase “permanent identifying” as used in this act with respect to the number of a vehicle, as defined in this act, and subject to registration thereunder, for the purpose of the registration or departmental record thereof, or any evidence of such registration, shall be construed to mean such identification, or permanent identifying number of any vehicle which the manufacturer thereof may, in its discretion, adopt or has adopted as an identification or permanent identifying number of the vehicles manufactured by it, or which the motor vehicle commissioner may approve as the identification number, in lieu of or in addition to a motor and/or serial number.

 

________

 

 

CHAPTER 234, SB 140

Senate Bill No. 140–Senator McGuirk.

CHAPTER 234

AN ACT to amend an act entitled “An act concerning juries,” approved March 5, 1873.

 

[Approved March 29, 1949]

 

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 8478 N. C. L. 1929, as amended by chapter 129, 1943 Statutes of Nevada, is hereby amended to read as follows:

      Section 8.  It shall be the duty of the district judge and any one of the county commissioners of the county, as often as the public interest may require, and at least once in each four years, to select from the qualified jurors of the county (whether their names are or are not upon the list selected by the board of county commissioners) twenty-four persons who shall be summoned to appear as grand jurors at such time as the judge may order; provided, that if the district judge deems proper he may direct any one of the county commissioners of the county and the clerk to select the grand jurors, and such county commissioner and clerk, if the judge so directs, shall select from the said qualified jurors twenty-four persons as grand jurors [.] ; and provided further, that if, in the last preceding general election, less than 1,000 votes were cast in the county for the candidates for the office of representative in the Congress of the United States, the foregoing requirement that a grand jury must be called at least once in every four years shall not apply to such county unless the district judge otherwise directs.


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

ê1949 Statutes of Nevada, Page 514 (Chapter 234, SB 140)ê

 

in every four years shall not apply to such county unless the district judge otherwise directs. If the judge directs the grand jurors to be selected by one of the county commissioners and the clerk, the judge must make and file with the clerk an order designating the name of such county commissioner, and the judge shall in said order fix the time when said grand jurors shall be required to appear; and if from any cause such county commissioner and clerk shall fail to select the grand jurors, the judge and any one of the county commissioners may, at any time, select the same. A list of the names so selected as grand jurors shall be made out and certified by the officers making such selection and be filed in the clerk’s office, and the clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the persons so drawn as grand jurors to attend in court at such time as the judge may have directed; and the sheriff shall summon such grand jurors, and out of the number so summoned the court shall select seventeen persons to constitute the grand jury. If from any cause a sufficient number do not appear, or those who appear are excused or discharged, an additional number, sufficient to complete the grand jury, shall be selected from the said qualified jurors by the judge and clerk and summoned to appear in court at such time as the court may direct. Any person named in such venire who resides elsewhere than at the place at which the court is held shall be served by the sheriff mailing a summons to such person commanding him to attend as a juror at a time and place designated therein, which summons shall be registered and deposited in the post office addressed to such person at his usual post-office address. [And] The receipt of the person so addressed for such registered summons shall be regarded as personal service of such summons upon such person and no mileage shall be allowed for the service of such person. The postage and registry fee shall be paid by the sheriff and allowed him as other claims against the county; provided, that it shall be mandatory to summon such grand jury whenever a verified petition is presented signed by not less than seventy-five resident taxpayers specifically setting forth the fact or facts constituting the necessity of convening such grand jury; provided, also, that it shall be mandatory, within five days, to summon such grand jury after an affidavit or verified petition by any taxpayer accompanied by and with corroborating affidavits of at least two additional persons has been filed with the clerk of the district court, setting forth that there is reason to believe that there has been a misappropriation of public funds or property, by a public officer, past or present, or any fraud committed against the county or state by any officer, past or present, or any violation of trust by any officer, past or present; provided, however, that the statute of limitations has not run against the party offending.

      Sec. 2.  The above-entitled act, being sections 8476-8482, inclusive, Nevada Compiled Laws of 1929, is hereby amended by inserting therein a new section to be known as section 8a, immediately following section 8 of said act, and reading as follows:

      Section 8a.  In any county in the State of Nevada, wherein there were cast at the last preceding general election not more than nine hundred and ninety-nine (999) votes for congressman, it shall be the duty of the county commissioners of the county, as often as the public interest may require, to select from the qualified jurors of the county (whether their names are or are not upon the list selected by the board of county commissioners) twenty-four persons who shall be summoned to appear as grand jurors at such time as the judge may order.


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

ê1949 Statutes of Nevada, Page 515 (Chapter 234, SB 140)ê

 

were cast at the last preceding general election not more than nine hundred and ninety-nine (999) votes for congressman, it shall be the duty of the county commissioners of the county, as often as the public interest may require, to select from the qualified jurors of the county (whether their names are or are not upon the list selected by the board of county commissioners) twenty-four persons who shall be summoned to appear as grand jurors at such time as the judge may order. A list of the names so selected as grand jurors shall be made out and certified by the officers making such selection and be filed in the county clerk’s office, and the clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the persons so drawn as grand jurors to attend in court at such time as the judge may have directed; and the sheriff shall summon such grand jurors, and out of the number so summoned the court shall select seventeen persons to constitute the grand jury. If from any cause a sufficient number do not appear, or those who appear are excused or discharged, an additional number, sufficient to complete the grand jury, shall be selected from the said qualified jurors by the judge and clerk and summoned to appear in court at such time as the court may direct. Any person named in such venire who resides elsewhere than at the place at which the court is held shall be served by the sheriff mailing a summons to such person commanding him to attend as a juror at a time and place designated therein, which summons shall be registered and deposited in the post office, addressed to such person at his usual post-office address. The receipt of the person so addressed for such registered summons shall be regarded a personal service of such summons upon such person and no mileage shall be allowed for the service of such person. The postage and registry fee shall be paid by the sheriff and allowed him as other claims against the county; provided, that it shall be mandatory to summon such grand jury whenever a verified petition is presented signed by not less than seventy-five resident taxpayers specifically setting forth the fact or facts constituting the necessity of convening such grand jury; provided, also, that it shall be mandatory, within five days, to summon such grand jury after an affidavit or verified petition by any taxpayer accompanied by and with corroborating affidavits of at least two additional persons has been filed with the clerk of the district court, setting forth that there is reason to believe that there has been a misappropriation of public funds or property, by a public officer, past or present, or any fraud committed against the county or state by any officer, past or present, or any violation of trust by any officer, past or present; provided, however, that the statute of limitations has not run against the party offending.

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

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

 

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

ê1949 Statutes of Nevada, Page 516ê

 

CHAPTER 235, SB 134

Senate Bill No. 134–Senator Wiley.

CHAPTER 235

AN ACT to amend an act entitled “An act relating to officers, their qualifications, times of election, terms of office, official duties, resignations, removals, vacancies in office, and the mode of supplying the same, misconduct in office, and to enforce official duty,” approved March 9, 1866.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 35 of the above-entitled act, being section 4799, 1929 N. C. L., is hereby amended to read as follows:

      Section 35.  Every office shall become vacant upon the occurring of either of the following events before the expiration of the term of such office:

      First-The death or resignation of the incumbent.

      Second-The removal of the incumbent from office.

      Third-The confirmed insanity of the incumbent, found upon a commission of lunacy, issued to determine the fact.

      Fourth-A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond.

      Fifth-A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in section 22 of this act; or, when a bond is required by law, his refusal or neglect to give such bond within the time prescribed by law.

      Sixth-The ceasing of the incumbent to be a resident of the state, district, county, city, or precinct in which the duties of his office are to be exercised, or for which he shall have been elected or appointed.

      Seventh-The [ceasing] the neglect or refusal of the incumbent to discharge the duties of his office for a period of [three months] thirty days, except when prevented by sickness, or absence from the state or county, as provided by law.

      Eighth-The decision of a competent tribunal declaring the election or appointment void or the office vacant.

      Upon the happening of any of the aforesaid events, should the incumbent fail or refuse to relinquish his office, it is hereby made the duty of the attorney general, if the office affected be a state or district office, or of the district attorney if the office affected be a county, city, or precinct office, to commence and prosecute, in a court of competent jurisdiction, any and all proceedings for judgment and decree declaring such office vacant.

 

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

ê1949 Statutes of Nevada, Page 517ê

 

CHAPTER 236, SB 197

Senate Bill No. 197–Committee on Judiciary.

CHAPTER 236

AN ACT to authorize agreements between principals and sureties for their joint control of moneys or assets for which such principals and sureties are or may be held responsible.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  It shall be lawful for any party of whom a bond, undertaking or other obligation is required, to agree with his surety or sureties for the deposit of any or all moneys and assets for which he and his surety or sureties are or may be held responsible, with a bank, savings bank, safe-deposit or trust company, authorized by law to do business as such, or with other depository approved by the court or a judge thereof, if such deposit is otherwise proper, for the safekeeping thereof, and in such manner as to prevent the withdrawal of such money or assets or any part thereof, without the written consent of such surety or sureties, or an order of court, or a judge thereof made on such notice to such surety or sureties as such court or judge may direct; provided, however, that such agreement shall not in any manner release from or change the liability of the principal or sureties as established by the terms of the said bond.

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

 

________

 

 

CHAPTER 237, SB 216

Senate Bill No. 216–Senator Loomis.

CHAPTER 237

AN ACT to amend an act entitled “An act relating to children; establishing juvenile divisions in the district courts and defining their jurisdiction, powers and duties; providing for the appointment of juvenile referees, probation committees, and probation officers, defining their powers and duties, and providing for their compensation; other matters properly relating thereto; and repealing all acts in conflict herewith,” approved March 15, 1949.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 25 of the above-entitled act, being chapter 63, Statutes of Nevada 1949, is hereby amended to read as follows:

      Section 25.  All expenses incurred in complying with the provisions of this act shall be a county charge. The salaries, expenses, and other compensation of referees, probation officers, and all employees shall be fixed by the judge, within the limit provided by the county therefor.

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

 

________

 

 


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

ê1949 Statutes of Nevada, Page 518ê

 

CHAPTER 238, SB 203

Senate Bill No. 203–Committee on Judiciary.

CHAPTER 238

AN ACT to amend an act entitled “An act to secure liens to mechanics and others, and to repeal all other acts in relation thereto,” approved March 2, 1875, as amended.

 

[Approved March 29, 1949]

 

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 3739, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:

      Section 5.  Every person claiming the benefit of this chapter shall, not earlier than ten days after the completion of his contract, or the delivery of material by him, or the performance of his labor, as the case may be, and in each case not later than thirty days after the completion of the contract and the recording of the completion notice by the owner as hereinafter provided, and in all other cases ninety days after the completion of the contract, or the delivery of material, or the performance of his labor as the case may be, file for record with the county recorder of the county where the property or some part thereof is situated, a claim containing a statement of his demand after deducting all just credits and offsets, with the name of the owner or reputed owner if known, also the name of the person by whom he was employed or to whom he furnished the material, with a statement of the terms, time given, and conditions of his contract and also a description of the property to be charged with the lien sufficient for identification, which claim must be verified by the oath of himself or some other person [.] ; in addition hereto a copy of the claim shall be served upon the record owner of the property within fifteen (15) days, either:

      1.  By delivering a copy to the owner personally; or,

      2.  If he is absent from his place of residence, or from his usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the owner at his place of residence or place of business; or,

      3.  If such place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, then by fixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found, and also sending a copy through the mail addressed to the owner at the place where the property is situated.

      In all cases, any of the following shall be deemed equivalent to a completion for all the purposes of this act: the occupation or use of a building, improvement or structure by the owner, or his representative, accompanied by cessation from labor thereon; or the acceptance by the owner, or said agent of said building, improvement or structure, or cessation from labor for thirty days upon any contract or upon any building, improvement or structure, or the alteration, addition to, or repair thereof; the filing of the notice hereinafter provided for.


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

ê1949 Statutes of Nevada, Page 519 (Chapter 238, SB 203)ê

 

      The owner may within ten days after the completion of any contract or work of improvement provided for in this act, or within ten days after there has been a cessation from labor thereon for a period of thirty days, file for record in the office of the county recorder of the county where the property is situated a notice setting forth the date when the same was completed, or on which cessation from labor occurred, together with his name, address and the nature of his title, and a description of the property sufficient for identification, together with the name of the contractor, if any, which notice shall be verified by himself or some other person on his behalf. The fee for recording the same shall be one dollar. In case such notice be not so filed, then all persons claiming the benefit of this act, shall have ninety days after the completion of said work of improvement within which to file their claims of lien. The phrase “work of improvement” and the word “improvement” as used in this act are each hereby defined to mean the entire structure or scheme of improvement as a whole.

      Upon the trial of any action or suit to foreclose such lien no variance between the lien and the proof shall defeat the lien or be deemed material unless the same shall result from fraud or be made intentionally, or shall have mislead the adverse party to his prejudice, but in all cases of immaterial variance the claim of lien may be amended, by amendment duly recorded, to conform to the proof. No error or mistake in the name of the owner or reputed owner contained in any claim of lien shall be held to defeat the lien, unless a correction of the lien in this particular shall prejudice the rights of an innocent bona fide purchaser or encumbrancer for value. But upon the trial, if it shall appear that an error or mistake has been made in the name of the owner or reputed owner, or that the wrong person has been named as owner or reputed owner in any such claim of lien, the court shall order an amended claim of lien to be recorded with the recorder where the original claim was recorded, and shall issue to the person who is so made to appear to be the original or reputed owner a notice directing such person or persons to be and appear within the same time as is provided by law for the appearance in other actions after the service of summons, and said notice shall be served in all respects as a summons is required to be served before said court and to show cause why he should not be substituted in said claim of lien and in said suit in lieu of the person so made defendant and alleged to be owner or reputed owner by mistake, and to further show why he should not be bound by the judgment or decree of the court. And such proceedings shall be had therein as though the party so cited to appear had been an original party defendant in the action or suit, and originally named in the claim of lien as owner or reputed owner, and the rights of all parties shall thereupon be fully adjudicated.

 

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ê1949 Statutes of Nevada, Page 520ê

 

CHAPTER 239, SB 221

Senate Bill No. 221–Senator Loomis.

CHAPTER 239

AN ACT to amend an act entitled “An act providing a general corporation law,” approved March 21, 1925, as amended.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  The above-entitled act is hereby amended by adding thereto a new section to immediately follow section 4 thereof and to be known as section 4.5, which shall read as follows:

      Section 4.5.  The secretary of state shall refuse to accept for filing in his office any articles of incorporation, or any certificate of amendment of articles of incorporation of any corporation heretofore or hereafter formed under the laws of this state, which provides that the name of the corporation shall contain therein the word “trust”; unless it shall appear from the articles, or the certificate of amendment thereof, that the corporation proposes to carry on a trust company business, either exclusively or in connection with the banking business; and also unless such articles, or such certificate of amendment, shall first be approved by the superintendent of banks.

      The secretary of state shall refuse to accept for filing in his office any articles of incorporation, or any certificate of amendment of articles of incorporation of any corporation heretofore or hereafter formed under this act, when it shall appear from such articles, or such certificate of amendment thereof, that the business to be carried on by such corporation is subject to supervision by the insurance commissioner, unless such articles, or certificate of amendment, shall first be approved by the insurance commissioner.

      The superintendent of banks, and the insurance commissioner are hereby authorized, in their discretion, to approve or disapprove such articles or amendments as may be referred to them under the provisions of this section.

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

 

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ê1949 Statutes of Nevada, Page 521ê

 

CHAPTER 240, SB 188

Senate Bill No. 188–Committee on Judiciary

CHAPTER 240

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

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 140 of the above-entitled act, being section 3656.140, 1929 N. C. L., Supp. 1941, is hereby amended to read as follows:

      Section 140.  Scope of Article.  This article shall apply to all agents, brokers, and nonresident brokers, as may be defined hereafter.

      Sec. 2.  Section 141 of the above-entitled act, being section 3656.141, 1929 N. C. L., Supp. 1941, is hereby amended to read as follows:

      Section 141.  Definitions.  The term “agent,” as used in this article means any person, partnership, association or corporation who or which solicits, negotiates or effects in this state, on behalf of any company, contracts for insurance of any of the classifications listed in section 5 of article 1. The term “solicitor,” as used in this article, means any person engaged in the solicitation of contracts of the kind or kinds hereinabove enumerated for any agent, broker, or nonresident broker.

      The term “broker” as used in this article, means a person who, for compensation and on behalf of another person, transacts insurance with, but not on behalf of, an insurer.

      The term “nonresident broker,” as used in this article, means any person, partnership, association or corporation, not a resident of or a domiciled company in this state, who or which for money, commission, brokerage or anything of value acts or aids in any manner any solicitation or negotiation, on behalf of the assured, of contracts of any of the kind or kinds enumerated in section 5.

      Sec. 3.  Section 142 of the above-entitled act, being section 3656.142, 1929 N. C. L., Supp. 1941, is hereby amended to read as follows:

      Section 142.  To Whom Article Does Not Apply.  This article shall not apply to the following:

      (1) Fraternal beneficiary societies as defined in this act, their agents, representatives, or employees.


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ê1949 Statutes of Nevada, Page 522 (Chapter 240, SB 188)ê

 

      (2) Employees engaged solely in office duties for any company, agent, broker, or nonresident broker.

      (3) Employees of companies or of organizations employed by companies who are engaged in inspecting, rating, or classifying of risks or in the supervision of agents, and who are not engaged in the solicitation or writing of insurance.

      (4) Officers of companies, or of association of companies engaged in the performance of their usual and customary executive duties.

      Sec. 4.  Section 143 of the above-entitled act, being section 3656.143, 1929 N. C. L., Supp. 1941, is hereby amended to read as follows:

      Section 143.  Agents Must Procure License-Expiration.  (1) No person, partnership, association, or corporation shall act as an agent, broker, solicitor, or nonresident broker without first procuring a license so to act from the commissioner.

      (2) Every license issued to an agent, broker, nonresident broker or solicitor shall expire on the first day of March of each year unless an application to qualify for the renewal of any such license shall be filed with the commissioner on or before such date, in which event the license sought to be renewed shall continue in full force and effect until renewed or renewal is refused by the commissioner.

      (3) An agent shall be licensed for each company represented by him.

      Sec. 5.  Section 144 of the above-entitled act, being section 3656.144, 1929 N. C. L., Supp. 1941, is hereby amended to read as follows:

      Section 144.  Payment of Commissions.  (1) A company may pay money or commission for or on account of the solicitation or negotiation in this state or elsewhere, of contracts of the kind or kinds enumerated in section 5 of article 1 of this act on property or risks in this state only to its [duly licensed] agent, broker, or nonresident broker, duly licensed under this act, but this shall not prohibit the payment of regular salaries to salaried employees or compensation to supervising general agents.

      (2) An agent may pay money or commission for or on account of the solicitation or negotiation in this state of contracts of the kind or kinds enumerated in section 5 of article 1 of this act on property or risks in this state only to his duly licensed solicitor, a duly licensed broker or nonresident broker or agent.

      (3) If the commissioner shall be informed upon investigation, complaint or otherwise that any company, agent, broker, solicitor, or nonresident broker has willfully violated the provisions of this section he shall notify such company, agent, broker, solicitor or nonresident broker of the specific charges and shall in such notice fix a date, not less than twenty (20) days after the date of mailing or delivery thereof, for a hearing before him or before an employee of the department specially designated for that purpose, whose report he may adopt. The commissioner, or the employee so specially designated, shall have power to administer oaths. Evidence and testimony pertaining to such charges may be introduced at such hearing by the department, any complainant, and the licensee. If the commissioner finds that the charges so made are sustained by the evidence and testimony presented and introduced, he may suspend the license to transact business in this state for a period of time not to exceed six (6) months.


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ê1949 Statutes of Nevada, Page 523 (Chapter 240, SB 188)ê

 

and introduced, he may suspend the license to transact business in this state for a period of time not to exceed six (6) months. This proceeding shall be in addition to and shall not supersede or preclude any proceeding taken in accordance with section [140] 130 of this article. The hearing shall not be open to the public, but shall be limited to the parties interested and their witnesses.

      SEC. 6.  Section 145 of the above-entitled act, being section 3656.145, 1929 N. C. L., Supp. 1941, is hereby amended to read as follows:

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

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

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

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

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

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

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

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

      Sec. 7.  The above-entitled act, being sections 3656 to 3656.166, 1929 N. C. L., Supp. 1941, is hereby amended by adding thereto a new section to be numbered 147a and which shall immediately follow section 147, being section 3656.147, N. C. L., Supp. 1941, which new section shall read as follows:

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

      (a) That the applicant has been a bona fide resident of the State of Nevada for three (3) months immediately prior to the filing of the application.


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ê1949 Statutes of Nevada, Page 524 (Chapter 240, SB 188)ê

 

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

      (c) That the applicant has paid a license fee of twenty-five ($25) dollars.

      (d) That applicant has taken and passed the written examination referred to in section 147, and all the provisions of section 147 are applicable to examinations of applicants for broker’s licenses, except that a temporary certificate of convenience shall not be issued on an application for a broker’s license.

      (e) Every applicant for a license to act as a broker under the provisions of this section shall file with the application or maintain in effect a satisfactory bond to the State of Nevada, duly executed by an admitted surety insurer approved by the commissioner, in the amount of two thousand five hundred dollars ($2,500), or in such amount not less than $2,500 as may be fixed by the commissioner as hereinafter provided. Such bond may be continuous in form, and the total aggregate liability on such bond shall be limited to the payment of $2,500 or such sum not less than $2,500 as may be fixed by the commissioner. Such bond shall be contingent on the accounting by the broker to any person requesting the broker to obtain insurance for moneys or premiums collected by the broker for insurance other than life.

      At any time after the first day of March of each year, the commissioner may demand of any broker previously licensed hereunder, and such broker shall furnish to the commissioner within thirty (30) days after receipt of such demand, a statement of the gross premiums collected by such broker during the year or portion of a year immediately last past and in which period such broker has held a license hereunder. Failure upon the part of such broker to furnish such information within the said period or any extension thereof granted by the commissioner shall constitute cause for the revocation of such broker’s license. Upon receipt of such information, the commissioner may affix the amount of such bond in the amount of the aggregate gross premiums collected by such broker in the highest amount so collected for any two consecutive months by such broker during the year or portion of the year last past in which such broker has held a license hereunder; provided, however, in no event shall such bond be less than $2,500. In the event that such bond be so increased by the commissioner, a satisfactory bond in such increased amount, duly executed by an admitted surety insurer, shall be filed with the commissioner within thirty (30) days after notice to such broker of such increase. Failure to file such increased bond within said period shall constitute cause for the revocation of the license of such broker.

      Such bond shall remain in force and effect until the surety is released from liability by the commissioner or until said bond is canceled by the surety. The surety may cancel said bond and be relieved of further liability thereunder by delivering thirty (30) days’ written notice to the commissioner.

      Such cancellation shall not affect any liability incurred or accrued thereunder prior to the termination of said thirty-day period.


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ê1949 Statutes of Nevada, Page 525 (Chapter 240, SB 188)ê

 

      The provisions of subdivision (h) of section 147 are also applicable to applicants for brokers’ licenses.

      Sec. 8.  Section 150 of the above-entitled act, being section 3656.150, 1929 N. C. L., Supp. 1941, is hereby amended to read as follows:

      Section 150.  Procedure for Issuance of Solicitor’s License.  (1) The commissioner shall issue a solicitor’s license only to a natural person who is a resident of this state, and only upon requisition, accompanied by the fee as provided for in section 60, made by his employer who or which shall be a licensed agent or broker, and then only when such employer certifies that the solicitor is his bona fide employee and is competent and fully qualified and that he will assume responsibility for such solicitor’s acts.

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

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

      Sec. 9.  Section 152 of the above-entitled act, being section 3656.152, 1929 N. C. L., Supp. 1941, is hereby amended to read as follows:

      Section 152.  Notice of Termination of Licenses  Whenever an agency contract is terminated or whenever the services of an agent or solicitor are discontinued, the company or agent or broker (as the case may be) terminating the agency or discontinuing its services shall immediately notify the commissioner of such termination and the reason therefor and he shall forthwith cancel the license affected thereby. No agreement between the company and the agent, broker or solicitor shall affect the action of the commissioner in canceling the license when such cancellation is duly requested by the company.

      Sec. 10.  Section 153 of the above-entitled act, being section 3656.153, 1929 N. C. L., Supp. 1941, is hereby amended to read:

      Section 153.  Nonresident Broker Placing Insurance.  No broker or nonresident broker shall place insurance of any kind covering property or risks within this state except with a duly licensed resident agent of a company authorized to transact business in this state.

 

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CHAPTER 241, SB 47

Senate Bill No. 47–Committee on Judiciary.

CHAPTER 241

AN ACT to amend an act entitled, “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 485 of the above-entitled act, being section 8974, 1929 N. C. L., is hereby amended to read as follows:

      Section 485.  A licensed physician or surgeon shall not, without the consent of his patient, be examined as a witness as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient; provided, however, in any suit or prosecution against a physician or surgeon for malpractice, [if the patient or party suing or prosecuting shall require or give such consent, and any such witness shall give testimony, then such physician or surgeon,] the defendant may call any other physician or surgeon as witnesses on behalf of defendant, without the consent of such patient or party suing or prosecuting [.]


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ê1949 Statutes of Nevada, Page 526 (Chapter 241, SB 47)ê

 

consent of his patient, be examined as a witness as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient; provided, however, in any suit or prosecution against a physician or surgeon for malpractice, [if the patient or party suing or prosecuting shall require or give such consent, and any such witness shall give testimony, then such physician or surgeon,] the defendant may call any other physician or surgeon as witnesses on behalf of defendant, without the consent of such patient or party suing or prosecuting [.] ; provided further, that either before or after probate, upon the contest of any will executed, or claimed to have been executed, by such patient, or after the death of such patient, in any action involving the validity of any instrument executed, or claimed to have been executed, by him, conveying or transferring any real or personal property, such physician or surgeon may testify to the mental condition of said patient and in so testifying may disclose information acquired by him concerning said deceased which was necessary to enable him to prescribe or act for such deceased; provided further, that after the death of the patient, the executor of his will, or the administrator of his estate, or the surviving spouse of the deceased, or, if there be no surviving spouse, the children of the deceased personally, or, if minors, by their guardian, may give such consent, in any action or proceeding brought to recover damages on account of the death of the patient; provided further, that where any person brings an action to recover damages for personal injuries, such action shall be deemed to constitute a consent by the person bringing such action that any physician who has shall testify; and provided further, that the bringing of an action, prescribed for or treated said person and whose testimony is material in said action to recover for the death of a patient, by the executor of his will, or by the administrator of his estate, or by the surviving spouse of the deceased, or if there be no surviving spouse, by the children personally, or, if minors, by their guardian, shall constitute a consent by such executor, administrator, surviving spouse, or children or guardian, to the testimony of any physician who attended said deceased; and provided further, that, if the patient be dead and during his lifetime had not given such consent, the bringing of an action by a beneficiary, assignee or payee or by the legal representative of the insured, to recover on any life, health or accident insurance policy, shall constitute a consent by such beneficiary, assignee, payee or legal representative to the testimony of any physician who attended said deceased.

      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.

 

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ê1949 Statutes of Nevada, Page 527ê

 

CHAPTER 242, SB 101

Senate Bill No. 101–Committee on Judiciary.

CHAPTER 242

AN ACT authorizing the formation of nonprofit corporations for the purpose of engaging in activities for the advancement of civic, commercial, industrial and agricultural interests of the State of Nevada, or any city, town, or county therein; prescribing the powers, duties, administration and management thereof, and other matters properly relating thereto.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Any five or more persons, citizens of the United States, and residents of the State of Nevada, who shall desire to associate themselves for the purpose of engaging in the advancement of civic, commercial, industrial and agricultural interests of the state, or any city, town, or county therein, may make, sign and acknowledge before any officer authorized to take acknowledgments in this state, and file in the office of the secretary of state, a certificate in writing in which shall be stated:

      (a) The name or title by which such corporation, association, or society shall be known in law;

      (b) That it is a nonprofit corporation, organized solely for the advancement of civic, commercial, industrial and agricultural activities;

      (c) The county in this state where the principal office for the transaction of the business of the corporation is to be located;

      (d) The number of trustees, which shall not be less than five (5) nor more than twenty-five (25); their term of office, which shall not exceed six (6) years, and how they are to be chosen;

      (e) The names and residences of the trustees chosen for the first year;

      (f) Any other matter which it is provided herein may or should be set out in the articles of incorporation.

      The secretary of state shall make no charge for the filing of said certificate.

      Sec. 2.  Upon filing a certificate as aforesaid, the secretary of state shall, upon the payment of a fee of one ($1) dollar, issue a certificate of the organization of the corporation, association, or society, duly authenticated under his hand and seal of the state, and a certified copy of said certificate issued under the hand and seal of the secretary of state shall be filed in the office of the clerk of the county in which the principal office of such corporation, association, or society is located.

      Upon complying with the foregoing conditions, the corporation, association, or society shall be deemed fully organized and may proceed to do business.

      Sec. 3.  Such corporation shall as an incident of its purpose and without any necessity for expressing the same in its articles of incorporation, have the following powers, which it may exercise in full measure without the necessity of obtaining any order of court by authorization, approval, or confirmation:

 


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ê1949 Statutes of Nevada, Page 528 (Chapter 242, SB 101)ê

 

without any necessity for expressing the same in its articles of incorporation, have the following powers, which it may exercise in full measure without the necessity of obtaining any order of court by authorization, approval, or confirmation:

      (a) To receive, acquire, hold, manage, administer, and expend property and funds for the general and specific purposes of the corporation.

      (b) To take property by will, gift, or otherwise for the general and specific purposes of the corporation; provided, that if the donor shall specify the use of the property it shall be used for that purpose only.

      (c) To hold, in its own name and right, real and personal property of every nature and description without limitation as to extent, character, or amount and with all the powers of control, management, investment, change, and disposal incident to the absolute ownership of property or funds by a private person, subject only to the terms of any particular trusts.

      (d) To borrow money, either upon or without security, giving such promissory notes or other evidences of indebtedness and such pledges, mortgages or other instruments of hypothecation as it may be advised.

      (e) To appoint and pay officers and agents to conduct and administer the affairs of the corporation, but no member of the board of trustees shall receive any compensation.

      (f) To adopt bylaws prescribing the duties of the officers and agents of the corporation, the detail of the organization, the time and manner of its meetings, and any and all detail incident to its organization and the efficient conduct and management of its affairs.

      (g) To do any and all things which a natural person might do necessary and desirable for the general purpose for which the corporation is organized.

      Sec. 4.  The exercise of the powers of the corporation, with the right to delegate to officers and agents the performance of duties and the exercise of powers, shall be vested in its board of trustees; provided, that the articles of incorporation may prescribe that the matter of controlling, managing, investing, and disposing of the property of the corporation for the purpose of earning an income therefrom, shall be exclusively in a finance committee consisting of not less than three (3) members of the board, designated or appointed in some particular manner; and provided, also, that the matter of controlling, managing, and investing and disposing of the property of the corporation for the purpose of earning an income therefrom may be delegated either in whole or in part to one or more trust companies or banks duly authorized to conduct a trust or banking business in this state.

      Sec. 5.  It shall be permissible for such corporation to provide in its articles of incorporation that some or all of its trustees shall be chosen by specified associations or corporations or by those who are officers thereof and by public officials. As the articles of incorporation may prescribe, the board of trustees may constitute the corporation, or the corporation may have a membership distinct from the board of trustees.


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ê1949 Statutes of Nevada, Page 529 (Chapter 242, SB 101)ê

 

In the latter case the bylaws shall prescribe the terms and qualifications of membership.

      Sec. 6.  The corporation shall be subject at all times to examination on behalf of the state to ascertain the condition of its affairs and to what extent, if at all, it may fail to comply with trusts which it has assumed or may depart from the general purpose for which it is formed. Such right of examination shall pertain ex officio to the attorney general. In case of any such failure or departure the attorney general shall institute in the name of the state, the proceedings necessary to correct the same. Except as specifically approved by the attorney general there shall be no accumulation of income by such corporation for a period longer than five (5) years.

      The expenses of the corporation may be apportioned to the extent necessary against the various trust funds and property held by it, in the manner which seems just and equitable to the corporation.

      Sec. 7.  This act shall be effective immediately upon its passage and approval.

 

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CHAPTER 243, SB 11

Senate Bill No. 11–Senator Johnson.

CHAPTER 243

AN ACT to amend an act entitled “An act establishing the Nevada museum and art institution; creating a board of control therefor; providing for the reception, collection, preservation, housing, care, display and exhibit of examples of the useful and fine arts, sciences and industries, relics, products, works, records, rare and valuable articles and objects, the property of the State of Nevada or to be obtained through gifts, loans, purchases, or accession; defining the duties and powers of said board and the duties of other institutions and agencies in relation thereto; making an appropriation to carry out the purposes of this act; repealing certain acts; and other matters properly relating thereto,” approved March 25, 1939.

 

[Approved March 29, 1949]

 

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 4690 N. C. L. 1929, 1941 Supplement, is hereby amended to read as follows:

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

 


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ê1949 Statutes of Nevada, Page 530 (Chapter 243, SB 11)ê

 

they shall be reimbursed for their actual expenses and outlays paid or incurred in the performance of their duties.]

      Section 1.  The Nevada state museum shall be managed by a board of control, hereafter referred to as the “Board of Directors” or “Trustees.” Said board shall consist of three members who shall serve for a term of three years and until their respective successors are elected. Upon the expiration of the term of any member now serving on said board, and thereafter, successors shall be elected from the membership by election to be held at the annual meeting of the members of the Nevada state museum. If any vacancy in the board shall hereafter occur by reason of death, resignation, or otherwise, such vacancy shall be filled for the unexpired term by election from the membership at the next ensuing annual meeting or at a regularly called special meeting of the members of the Nevada state museum called for such purpose. The trustees or members of the board of directors shall serve without salary or other compensation, but they shall be reimbursed for their actual expenses and outlays paid or incurred in the performance of their duties.

      Sec. 2.  The above-entitled act is hereby further amended by adding thereto a new section to be numbered “section 1.1,” which shall immediately follow section 1, being section 4690 N. C. L. 1929, 1941 Supplement, of said act, and which shall read as follows:

      Section 1.1.  The board of directors or trustees are hereby authorized, directed, and empowered to adopt a code of bylaws for the regulation and government of the Nevada state museum, consistent with all legislative enactments relating thereto, as soon as practicable after the effective date of this act. In addition to suitable provisions for the regulation and government of the said Nevada state museum, said code of bylaws shall provide for and define the qualifications for life, annual, and sustaining memberships, and the voting powers thereof.

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

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

 

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ê1949 Statutes of Nevada, Page 531ê

 

CHAPTER 244, SB 68

Senate Bill No. 68–Committee on Transportation and Public Highways.

CHAPTER 244

AN ACT to amend the title of and to amend an act entitled “An act declaring the purpose and policy of the legislature relative to use of the public highways of the state in the carrying of persons and property thereon in motor vehicles, defining such vehicles and public highways, providing for the licensing and regulating of certain carriers thereon by the public service commission of Nevada, and providing and defining its duties in relation thereto, providing license fees for the operation of motor vehicles in carrier service for hire and other service on the public highways of the state, providing for official inspectors and salary and allowances therefor, providing penalties for the violation 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 29, 1949]

 

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

do enact as follows:

 

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

      An act declaring the purpose and policy of the legislature relative to use of the public highways of the state in the carrying of persons and property thereon in motor vehicles, defining such vehicles and public highways, providing for the licensing and regulating of certain carriers thereon by the public service commission of Nevada, and providing and defining its duties in relation thereto, providing license fees for the operation of motor vehicles in carrier service for hire and other service on the public highways of the state, providing liability insurance in certain cases, 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 other matters properly connected therewith.

      Sec. 2.  The above-entitled act, being sections 4437-4437.27, 1929 N. C. L. 1941 Supp., inclusive, as amended, is hereby amended by inserting therein a new section to be known as and numbered 7 1/2 to follow immediately after section 7, being section 4437.06, 1929 N. C. L. 1941 Supp., as amended by chapter 237, Statutes of 1947, reading as follows:

      Section 7 1/2.  It shall be unlawful for a taxicab motor carrier to transport passengers, either with or without compensation, between any point or place within the limits of any city or town in the State of Nevada to any other point or place in said state without having first applied for and received the certificate of public convenience and necessity provided for in said above-entitled act.

      Sec. 3.  Section 18 of the above-entitled act, being section 4437.17, 1929 N.


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ê1949 Statutes of Nevada, Page 532 (Chapter 244, SB 68)ê

 

1929 N. C. L. 1941 Supp., as amended by chapter 237, Statutes of 1947, 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.

      (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 weightmaster 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.


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ê1949 Statutes of Nevada, Page 533 (Chapter 244, SB 68)ê

 

(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 weightmaster 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.


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ê1949 Statutes of Nevada, Page 534 (Chapter 244, SB 68)ê

 

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; provided, however, that the minimum fee for such trip shall not be less than ($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. 4.  Section 16 of the above-entitled act, being section 4437.15, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:

      Section 16.  (a) In issuing the licenses provided in section 18 of this act, except as to private carriers, the public service commission shall require within such time, and in such amounts as it may designate, the filing with the commission in form required and approved by the commission of a liability insurance policy, or a certificate of insurance in lieu thereof, or bond of a surety and bonding company, or other surety, in such reasonable sum as the commission may deem necessary to adequately protect the interests of the public and the public safety, and which liability insurance policy, or certificate, policy or bond of a surety and bonding company or other surety shall bind the obligors thereunder to pay the compensation for injuries to third persons or for loss or damage to their property resulting from the negligent operation of such carrier.


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ê1949 Statutes of Nevada, Page 535 (Chapter 244, SB 68)ê

 

to adequately protect the interests of the public and the public safety, and which liability insurance policy, or certificate, policy or bond of a surety and bonding company or other surety shall bind the obligors thereunder to pay the compensation for injuries to third persons or for loss or damage to their property resulting from the negligent operation of such carrier.

      (b) It shall be the duty of every person operating any motor carrier vehicle, [carrier] as hereinbefore defined, to forthwith report each and every accident occurring on the public highway, wherein such motor carrier vehicle may have injured the person or property of some person other than the person or persons or property carried by such motor carrier vehicle, to the sheriff or other peace officer of the county where such accident occurred and also to the public service commission, [provided that] and if in any such accident [any] a human being is fatally injured or killed, the person in charge of such motor carrier vehicle, or any officer investigating such accident, shall furnish to the public service commission such [full] additional detailed report thereof within the time and in the form required by such commission.

      Sec. 5.  Section 26 of the above-entitled act, being section 4437.25, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:

      Section 26.  The public service commission and its inspectors shall enforce all rules and regulations of the public service commission of Nevada pertaining to this act, and shall assist in the enforcement of all acts or parts of acts pertaining to the registration of motor vehicles, but shall not be given police power except for the enforcement of this act and acts pertaining to the registration of motor vehicles; provided, the said inspectors may carry firearms in the performance of their duties. The commission shall make reasonable rules and regulations for the enforcement thereof as to all motor vehicles coming within the terms of this act. The provisions of all laws pertaining to the safe operation of motor vehicles upon the public highways of this state are hereby declared applicable to all motor vehicles coming within the terms of this act. It shall be the duty of the district attorney of any county in this state to prosecute all violations of this act occurring in his county.

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

 

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ê1949 Statutes of Nevada, Page 536ê

 

CHAPTER 245, SB 53

Senate Bill No. 53–Committee on Public Health.

CHAPTER 245

AN ACT to amend an act entitled “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.

 

[Approved March 29, 1949]

 

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 256, 1947 Statutes of Nevada, is hereby amended to read as follows:

      Section 1.  For the purpose of safeguarding life and health and for the purpose of maintaining high professional standards among [registered] professional nurses in this state, any person who for compensation practices or offers to practice [nursing as a registered nurse] professional nursing 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] professional nursing 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] professional nursing in this state unless such person has been duly licensed [and registered] under the provisions of this act.

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

      Section 2.  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] other body or agency authorized by law to accredit or approve schools of nursing in the state in which the school is located.

      As used in this act, “professional nursing” shall apply to any person who for compensation performs any professional services requiring the application of principles of the biological or physical sciences and nursing skills in the care of the sick, in the preventing of disease or in conservation of health.

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

      Section 6.  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:


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ê1949 Statutes of Nevada, Page 537 (Chapter 245, SB 53)ê

 

      [1.  Is a citizen of the United States or has legally declared his or her intention to become such citizen.]

      [2.] 1.  Is at least twenty years of age.

      [3.] 2.  Is of good moral character.

      [4.] 3.  Is in good physical and mental health.

      4.  Has completed a course of study in an accredited school of professional nursing and holds a diploma therefrom.

      [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.] 5.  Meets such other reasonable preliminary qualification requirements as the board may from time to time prescribe.

      Sec. 4.  Section 9 of the above-entitled act is hereby amended to read as follows:

      Section 9.  [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.”] No person shall practice or offer to practice professional nursing in this state without having a valid and subsisting license to practice as a registered nurse issued pursuant to this act; nor shall any person who does not hold a valid and subsisting license to practice as a registered nurse issued pursuant to this act practice or offer to practice in this state as a registered nurse, graduate nurse, a trained nurse, a certified nurse or under any other title or designation suggesting professional qualifications and skill in the field of nursing.

      Sec. 5.  Section 11 of the above-entitled act is hereby amended to read as follows:

      Section 11.  The license of every person licensed under the provisions of this act shall be renewed [annually] biennially as hereinafter provided. On or before the 20th day of January, of the year 1950 and of every even-numbered year thereafter, the secretary of the board shall mail a form [for] of 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 for and return the same to the secretary of the board, together with a renewal fee of [one dollar ($1)] two dollars ($2), 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] next succeeding biennium commencing with 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] professional nurse in this state for the period stated on the certificate of renewal.

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

      Section 13.  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] professional nurse for a period not to exceed [three (3)] four (4) months.


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ê1949 Statutes of Nevada, Page 538 (Chapter 245, SB 53)ê

 

the board may, without examination, grant a temporary license to practice nursing as a [registered] professional nurse for a period not to exceed [three (3)] four (4) 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 ($3) dollars, which shall in no case be [returned] refunded.

      Sec. 7.  This act shall be in effect from and after its passage and approval.

 

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CHAPTER 246, SB 158

Senate Bill No. 158–Senators Lemaire and Tallman.

CHAPTER 246

AN ACT relating to aeronautics, to authorize and enable the State of Nevada to develop a state-wide system of airports and landing areas to serve the aviation needs of the state and in connection therewith to accept federal aid and to engage in the acquisition, construction, maintenance, and operation of airports, landing areas, and air navigation facilities within and without the state, and declaring such to be a public purpose, authorizing eminent domain proceedings, and for such purposes earmarking and setting aside tax funds collected on the sale of aviation fuel, and authorizing the appropriation of funds made available for such purposes and authorizing the Nevada state highway department to administer such activities from funds available for such purposes.

 

[Approved March 29, 1949]

 

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, or intended for use, 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 designed for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, markers, 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 air space 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) “State” means the State of Nevada.

      (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.


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ê1949 Statutes of Nevada, Page 539 (Chapter 246, SB 158)ê

 

includes any trustee, receiver, assignee, or other similar representative thereof.

      Sec. 2.  The state is authorized, out of moneys made available for the purposes of this act, to plan, establish, develop, construct, enlarge, improve, maintain, and operate airports and air navigation facilities either within or without the territorial boundaries of this state, to contract or otherwise provide, by condemnation if necessary, for 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 state 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.

      Sec. 3.  For the purpose of carrying out the provisions of this act, the Nevada tax commission is authorized and required to set aside and earmark, solely for such use, the unrefunded taxes collected from the sale of aviation fuels. Such funds so designated shall be transferred by the state controller to a state airport fund. All licensed dealers who handle aviation fuels shall report on such forms, and in such detail, as the said tax commission may require. For the purpose of carrying out the provisions of this act, the state highway department is hereby authorized to administer the state airport fund from the funds so provided, such funds to be available for the planning, establishment, development, construction, enlargement, improvement, operation and maintenance of airports, landing areas and air navigation facilities established, owned or controlled, or to be established, owned or controlled by the state or any of its political subdivisions. The state highway department is authorized to expend not more than 5% of such unrefunded taxes for the purpose of administration and clerical help; provided, however, that no new bureau, agency or office may be created pursuant hereto.

      Sec. 4.  The state 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 a county, municipality, or public agency of this or any other state without the consent of such a municipality, county, or public agency.


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ê1949 Statutes of Nevada, Page 540 (Chapter 246, SB 158)ê

 

county, municipality, or public agency of this or any other state without the consent of such a municipality, county, or public agency.

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

      Sec. 6.  In the acquisition of property by eminent domain proceedings authorized by this act, the state shall proceed in the manner provided by sections 9153-9176, inclusive, 1929 N. C. L., 1941 Supplement, as amended, provided that the state in exercising such power shall, in addition to the damage for 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. The power of the state to acquire by condemnation any railway, highway, main, pipe, conduit, wires, cables, poles, and all other facilities and equipment or other property held for or devoted to a public use or to require by condemnation the relocation of any such property held for or devoted to a public use shall be exercised only after the court in which such condemnation proceedings are pending finds that the taking or relocation thereof for the public use of the state is of greater public necessity than the public use for which presently held or used. The court in any such proceeding shall have full power and jurisdiction to fix the terms and conditions for the enjoyment of a right of common use in lieu of such taking or relocation as the court will determine will best suit the public interest and necessity.

      Sec. 7.  The state 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. The state is authorized to enter into contracts and agreements with the United States and other public agencies in connection with carrying out the purposes of this act and all federal moneys accepted under this section shall be accepted and expended by the state upon such terms and conditions as are prescribed by the United States and as are consistent with state law.

      Sec. 8.  In the operation or maintenance of an airport or air navigation facility owned, leased, or controlled by the state, the state may, except as may be limited by the terms and conditions of any grant, loan, or agreement pursuant to section 7 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 state or its agents at such airport or air navigation facility. In each case, the state 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 state.


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ê1949 Statutes of Nevada, Page 541 (Chapter 246, SB 158)ê

 

als, 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 state.

      Sec. 9.  Except as may be limited by the terms and conditions of any grant, loan, or agreement pursuant to section 7 of this act, the state 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 state or otherwise, any airport owned or controlled by the state; 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 state might not have undertaken under section 8 of this act.

      Sec. 10.  The state may enter into any contracts necessary to the execution of the powers granted it for the purposes provided by this act.

      Sec. 11.  The state may enter into agreements with any other public agencies for joint action pursuant to carrying out the purposes of this act. 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, and protection thereof to be borne by each and such other items as are required by the provisions of this section.

      Sec. 12.  The acquisition of any land or interest therein pursuant to this act, the planning, the acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, 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 the state 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. All land and other property and privileges acquired and used by or on behalf of the state 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.

      Sec. 13.  In addition to the general and special powers conferred by this act, the state is authorized to exercise such powers as are necessarily incidental to the exercise of such general and special powers.

      Sec. 14.  Nothing contained in this act shall be construed to limit any right, power, or authority of the state to regulate airport hazards by zoning.

      Sec. 15.  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 airports.


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

ê1949 Statutes of Nevada, Page 542 (Chapter 246, SB 158)ê

 

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 airports.

      Sec. 16.  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. 17.  This act may be cited as the “State Airports Act.”

      Sec. 18.  All acts or parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

 

________

 

 

CHAPTER 247, SB 54

Senate Bill No. 54–Senator Johnson.

CHAPTER 247

AN ACT to amend an act entitled “An act authorizing and empowering the state board of examiners to fix the amount of expense money for traveling and subsistence charges per day of district judges, state officers, commissioners, representatives, and all other employees of the state who, under the law, are required to file their claims with the board of examiners for allowance and approval, and repealing all acts and parts of acts in conflict herewith,” approved February 3, 1928, as amended.

 

[Approved March 29, 1949]

 

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, the same being section 6943 N. C. L. 1929, as amended by chapter 116, page 184, Statutes of 1945, is hereby amended to read as follows:

      Section 2.  When any district judge, state officer, commissioner, or representative of the state, or other state employee, shall be entitled to receive his necessary traveling expenses in the transaction of public business within the state, such person shall be paid a per diem allowance [of six ($6) dollars] not exceeding eight dollars ($8) for any one calendar day and for any period of less than a full calendar day such person shall receive [an allowance of one dollar and fifty ($1.50) cents] a subsistence allowance of one dollar and twenty-five cents ($1.25) for each full six-hour period such person is on travel status, and in addition shall receive a lodging allowance of three dollars ($3) for each night his duties require him to remain in travel status, and also an allowance for transportation, but the amount allowed for traveling by a private conveyance shall not exceed the amount charged by public conveyance; provided, however, that where it appears to the satisfaction of the board of examiners that travel by private conveyance is more economical or where it appears that, owing to train or stage schedule or for other reasons, travel by public conveyance is impractical, or in case where a part of the route traveled is not covered by public conveyance, the board of examiners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed seven and one-half cents per mile so traveled.


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

ê1949 Statutes of Nevada, Page 543 (Chapter 247, SB 54)ê

 

authorized to allow for traveling by private conveyance an amount not to exceed seven and one-half cents per mile so traveled.

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

 

________

 

 

CHAPTER 248, SB 76

Senate Bill No. 76–Senator Baker.

CHAPTER 248

AN ACT to amend an act entitled “An act to promote and encourage the protection of forest and other lands from fire and to authorize cooperation of the state with the federal government and with counties, municipalities, organizations and individuals in providing such protection; creating the office of state forester firewarden and assistant, creating a state board of fire control; providing for the appointment of district fire coordinators; defining the powers and duties of the respective boards; making an appropriation therefor, and repealing all acts and parts of acts in conflict herewith,” approved March 22, 1945.

 

[Approved March 29, 1949]

 

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 chapter 149, 1945 Statutes of Nevada, is hereby amended to read as follows:

      Section 4.  The duties of the state forester firewarden and/or his assistant shall be to supervise or coordinate all forest, watershed, and range fire control work in Nevada, working with federal agencies, private associations, counties, towns, or cities. He shall administer all fire control laws in Nevada outside of townsite boundaries, and such other duties that might be designated by the state board of fire control. He shall assist and encourage county or local fire districts to create legally constituted fire districts where they are needed and offer guidance and advice in their operation. He is authorized in carrying out the provisions of this act to appoint such firewardens as he may deem necessary to enforce the provisions of the laws of this state respecting the protection of forests and other lands from fire, subject to approval of the board or boards of county commissioners of the county or counties concerned and when so appointed said firewarden shall have only the police powers necessary to enforce the provisions of such laws. He is authorized in carrying out the provisions of this act to employ clerical assistance, county and district coordinators, patrolmen, fire fighters, and other employees as needed, and to expend for travel expenses such sums as may be necessarily incurred for this purpose.

      Sec. 2.  The above-entitled act is further amended by adding thereto new sections to be known as sections 5(a), 5(b), 5(c) and 5(d) which shall follow immediately after section 5 of said act and shall read as follows:

      Section 5(a).  (1) Property owners of land in watershed areas or lands having an inflammable cover in one or more counties in this state may form a fire protection district for the purpose of securing federal aid under the Clarke-McNary act of Congress by petition to the state forester firewarden.


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

ê1949 Statutes of Nevada, Page 544 (Chapter 248, SB 76)ê

 

federal aid under the Clarke-McNary act of Congress by petition to the state forester firewarden.

      (2) Such petition shall set forth the territory in the county to be included in such fire protection district, and shall be signed by at least ten percent of the property owners within such territory.

      (3) The state forester firewarden shall determine the feasibility of the formation of such district and shall notify the county commissioners of his decision.

      (4) The county commissioners in each of such counties, upon receipt of a notice in writing from the state forester firewarden of the decision to form such fire protection district, shall prepare a resolution describing the territory or specify the exterior boundaries of the proposed fire protection district, and the purpose for which it is to be organized.

      (5) Upon the adoption of the resolution to organize a fire protection district within the defined territory the county commissioners shall forthwith notify the state forester firewarden of such resolution, and said firewarden shall establish rules and regulations for the organization of the area to meet the terms of the federal act.

      Section 5(b).  The state forester firewarden, with the approval of the state board of fire control, shall prepare a budget estimating the amount of money which will be needed to defray the expenses of the district organized under the provisions of the foregoing section and shall determine the amount of a special tax sufficient to raise the sum estimated to be necessary. When so determined the state forester firewarden shall certify the amount of said estimated sum and said estimated tax to the county commissioners in the county or counties wherein such district or portion thereof is located and the board of county commissioners may, at the time of making the levy of county taxes for that year, levy the tax certified or a tax determined by said board of county commissioners to be sufficient for the purpose upon all the real property together with improvements thereon in the district within its county. Said tax if levied shall be entered upon the assessment roll and collected in the same manner as state and county taxes. The tax herein provided for, when collected, shall be deposited in the state treasury in the forest protection fund created by section 5 of this act, and shall be used for the sole purpose of the prevention and suppression of fires in such organized districts. All claims against said fund shall be certified by the state forester firewarden, approved by the state board of examiners, and paid out of said funds as other claims against the state are paid.

      Section 5(c).  The county commissioners in the county or counties wherein such district or portion thereof is located shall constitute the board of directors for said district, and the board is hereby empowered to prepare, issue and sell negotiable coupon bonds not exceeding in amount, ten thousand ($10,000) dollars, exclusive of interest, for the purpose of providing funds for the purchase of fire fighting equipment for use in the respective fire protection districts eligible for federal aid under the Clarke-McNary act of Congress.

      Section 5(d).  Said bonds shall be prepared and issued under the provisions of an act entitled “An act authorizing the board of directors of any county fire protection district to issue and sell bonds not exceeding in amount ten thousand ($10,000) dollars for the purchase of fire fighting equipment; providing for an election therefor; providing for the payment thereof, and other matters properly relating thereto,” approved March 22, 1945, and shall proceed with an election to carry out the purpose of the act in accordance with provisions of that certain act of the legislature entitled “An act relating to bond elections; providing for the manner of holding same; defining duties of certain persons in relation thereto, and other matters properly related thereto,” approved March 16, 1937.


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

ê1949 Statutes of Nevada, Page 545 (Chapter 248, SB 76)ê

 

provisions of an act entitled “An act authorizing the board of directors of any county fire protection district to issue and sell bonds not exceeding in amount ten thousand ($10,000) dollars for the purchase of fire fighting equipment; providing for an election therefor; providing for the payment thereof, and other matters properly relating thereto,” approved March 22, 1945, and shall proceed with an election to carry out the purpose of the act in accordance with provisions of that certain act of the legislature entitled “An act relating to bond elections; providing for the manner of holding same; defining duties of certain persons in relation thereto, and other matters properly related thereto,” approved March 16, 1937.

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

 

________

 

 

CHAPTER 249, SB 190

Senate Bill No. 190–Senator Munk.

CHAPTER 249

AN ACT to amend an act entitled “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.

 

[Approved March 29, 1949]

 

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 2, chapter 229, 1947 Statutes of Nevada is hereby amended to read as follows:

      Section 2.  To carry out the provisions of this act for the period [July 1, 1947, to June 30, 1949,] July 1, 1949 to June 30, 1951, 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] twenty-four thousand and 00/100 dollars ($24,000) which shall constitute the Nevada agricultural experiment station fund.

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

 

________

 

 

CHAPTER 250, SB 237

Senate Bill No. 237–Committee on Finance.

CHAPTER 250

AN ACT to fix the state tax levy for the years 1949 and 1950 and to distribute the said levy to the proper funds.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  For the year commencing January 1, 1949, an ad valorem tax of 68 cents on each one hundred ($100) dollars of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: Contingent university fund, 1 cent; consolidated bond interest and redemption fund, 2 cents; general fund, 65 cents.


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

ê1949 Statutes of Nevada, Page 546 (Chapter 250, SB 237)ê

 

property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: Contingent university fund, 1 cent; consolidated bond interest and redemption fund, 2 cents; general fund, 65 cents.

      Sec. 2.  For the year commencing January 1, 1950, an ad valorem tax of 72 cents on each one hundred ($100) dollars of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: Contingent university fund, 1 cent; consolidated bond interest and redemption fund, 2 cents; general fund, 69 cents.

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

 

________

 

 

CHAPTER 251, AB 133

Assembly Bill No. 133–Mr. Capurro.

CHAPTER 251

AN ACT authorizing the governor of the State of Nevada to establish daylight-saving time; making such time the official time for the State of Nevada; defining daylight-saving time, and other matters properly relating thereto.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  The governor of the State of Nevada may, and he is hereby authorized, to establish daylight-saving time for the State of Nevada. Such time shall be established by proclamation, and if proclaimed, shall be the official time for the State of Nevada. Daylight-saving time, if proclaimed, shall be one hour in advance of the standard time applicable to any portion of the state.

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

 

________

 

 


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

ê1949 Statutes of Nevada, Page 547ê

 

CHAPTER 252, AB 251

Assembly Bill No. 251–Messrs. Anderson and Haviland.

CHAPTER 252

AN ACT to amend an act entitled “An act relating to and providing for the general welfare of the State of Nevada and of the people thereof by providing for compulsory old-age assistance to needy aged persons in this state, as defined and provided for in this act; defining certain terms; designating the single state agency of this state to supervise the administration thereof, and defining the authority and duties thereof; providing for cooperation with the government of the United States in furnishing such pensions or assistance pursuant to the provisions of the so-called social security act of Congress, approved August 14, 1935; designating the boards, and other agencies, authorized to administer and supervise the administration of such assistance and defining the authority and duties thereof; defining the minimum amount of such need and assistance to each such needy aged person and the qualifications for eligibility therefor; authorizing the making and promulgation of rules and regulations relating to the administration of this act; providing for the establishment of certain state and county funds and regulating the expenditures therefrom; providing penalties for the violation of the provisions of this act; repealing a certain act and all other acts and parts of acts of this state in conflict herewith; and other matters relating thereto,” enacted pursuant to direct vote of the people, general election, November 7, 1944.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being chapter 1, Statutes of Nevada 1945, page 1, is hereby amended to read as follows:

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

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

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

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

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

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


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

ê1949 Statutes of Nevada, Page 548 (Chapter 252, AB 251)ê

 

a dependent, or dependents, shall be deprived of his or her pension or assistance on account of any temporary confinement in such institution.] A recipient may, however, receive assistance while temporarily confined in such public institution.

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

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

      (1) Certificate of birth of applicant;

      (2) Certificate of baptism of applicant;

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

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

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

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

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

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

      Sec. 2.  Section 14 of the above-entitled act is hereby amended to read as follows:

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


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

ê1949 Statutes of Nevada, Page 549 (Chapter 252, AB 251)ê

 

the provisions of this act. The proceeds of such tax so collected in each county of this state shall be placed in a fund in the county treasury thereof and shall be designated the “Old-Age Assistance Fund” out of which such county treasurer shall, for convenience and economy in administration and in auditing accounts, transmit to the state treasurer monthly, or quarterly, at the time required by the rules and regulations of the state board, the full amount necessary to pay [one-fourth] one-half of the total amount of old-age assistance, after deducting federal matching, to be paid in that county pursuant to section 3 of this act as certified to him by the county clerk of that county. The state treasurer shall place the same in a fund in the state treasury to be designated “Old-Age Assistance Fund of ………. County,” naming the particular county from which the particular money was so sent to him, and shall keep the money so sent him from each county in a separate account and fund for and as funds of that particular county, to be used for the purposes of this act in that county alone.

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

      Sec. 3.  Section 15 of the above-entitled act is hereby amended to read as follows:

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


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

ê1949 Statutes of Nevada, Page 550 (Chapter 252, AB 251)ê

 

in this act. Such fund in the state treasury shall be known and designated as the “State Old-Age Assistance Fund,” out of which the state’s portion of the old-age assistance provided for in this act shall be paid upon warrants drawn by the state controller and paid by the state treasurer as hereinafter provided.

      Sec. 4.  This act shall be in full force and effect from and after July 1, 1949.

 

________

 

 

CHAPTER 253, AB 379

Assembly Bill No. 379–Committee on State Prison and Asylum.

CHAPTER 253

AN ACT making an appropriation for salary increases for guards, and salaries for additional guards at the Nevada state prison, providing for its expenditure, and other matters relating thereto.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  For the purposes of paying increases in the salaries of guards, and of paying salaries for additional guards at the Nevada state prison, there is hereby appropriated from the general fund for the biennium ending June 30, 1951, the sum of forty thousand dollars ($40,000).

      Sec. 2.  The funds provided in this act shall be expended by and under the direction of the warden of the Nevada state prison.

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

 

________

 

 

CHAPTER 254, AB 302

Assembly Bill No. 302–Committee on Livestock.

CHAPTER 254

AN ACT to amend an act entitled “An act providing for the licensing and regulation of public livestock sales and sales yards, defining the powers and duties of the state board of stock commissioners in connection therewith, and other matters properly relating thereto,” approved March 18, 1947, as amended.

 

[Approved March 29, 1949]

 

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 providing for the licensing and regulation of public livestock sales and sales yards, the keeping of records by livestock slaughtering establishments, defining the powers and duties of the state board of stock commissioners in connection therewith, and other matters properly relating thereto.”

      Sec. 2.  Section 7 of the above-entitled act is hereby amended to read as follows:


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

ê1949 Statutes of Nevada, Page 551 (Chapter 254, AB 302)ê

 

      Section 7.  Each operator of a public livestock auction shall keep the following records for each lot of livestock consigned to or sold or exchanged through such public livestock auction, namely:

      (a) The name and address of the consignor;

      (b) A description of the livestock which shall include the number and kind, approximate age, the sex, and any [marks,] visible brands or other distinguishing or identifying marks.

      [(c) The method by which the livestock was delivered to the public livestock auction, and in the case of livestock delivered by motor vehicle, the name of the operator, the make of manufacture, and the state license number of such motor vehicle;]

      [(d)] (c) The name and address of the purchaser of said livestock.

      Such records shall be kept by the operator of a public livestock auction at the establishment or premises where the sale is held and conducted, or such other convenient place as may be approved by the board. Such records shall be open for inspection by all peace officers of this state at all reasonable times, and shall be retained and preserved for a period of at least two years.

      Sec. 3.  Section 8 of the above-entitled act is hereby amended to read as follows:

      Section 8.  No livestock under quarantine on account of any contagious, infectious or communicable disease, shall be consigned to, or sold through any public livestock auction. No livestock known to be infected with, or known to have been exposed to, any contagious, infectious or communicable animal disease shall be consigned to, or sold through any public livestock auction [.] ; except under rules and regulations made by the board governing such consignments and sales.

      [Public livestock auctions handling livestock during inclement weather shall be equipped with facilities for housing said livestock during such inclement weather.] If livestock is held on the premises for more than ten hours, then facilities for feeding and watering the livestock so held shall be provided. The yards, pens, and premises where livestock is held or handled shall be regularly cleaned and disinfected for the purpose of preventing infectious, contagious, and communicable animal diseases.

      In case any public livestock auction shall sell livestock by weight, the scales upon which such livestock is weighed shall be regularly inspected and tested.

      Sec. 4.  There is hereby added to the above-entitled act a new section to be known as section 8.5 and to read as follows:

      Section 8.5.  Any person buying, or receiving on a consignment, commission, or fee basis, any livestock or slaughter at a slaughtering establishment or plant, shall keep the following records for each lot of livestock so received, namely:

      (a) The name and address of the person from whom received;

      (b) A description of the livestock which shall include the number and kind, approximate age, the sex, and any visible brands or other distinguishing or identifying marks.

      If any livestock bought or received as above is disposed of other than by slaughter, a record shall be kept of such disposal, including the description as above and the name and address of the person receiving same.


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

ê1949 Statutes of Nevada, Page 552 (Chapter 254, AB 302)ê

 

than by slaughter, a record shall be kept of such disposal, including the description as above and the name and address of the person receiving same. The records provided for in this section shall be retained and preserved for at least two years and be open for inspection by any peace officer, or representative of the board, at all reasonable times.

 

________

 

 

CHAPTER 255, AB 207

Assembly Bill No. 207–Mr. McCuistion.

CHAPTER 255

AN ACT to amend section 60 of an act entitled “An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada, defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for the licensing and qualification of agents of insurance companies; defining their powers, duties and limitations; providing for fees, costs, and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith,” approved March 31, 1941.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 60 of the above-entitled act, being 1929 N. C. L. 1941 Supp., section 3656.59, is hereby amended to read as follows:

      Section 60.  Fees and Charges.  (1) The commissioner shall charge, collect and give proper acquittances for the payment, the following fees and charges:

      (a) For filing each power of attorney, five ($5) dollars.

      (b) For an annual license to each fire insurance company to transact business throughout this state, one hundred ($100) dollars.

      (c) For an annual license to each life insurance company to transact business throughout this state, one hundred ($100) dollars.

      (d) For annual license to each life and accident insurance company to transact business throughout this state, one hundred ($100) dollars.

      (e) For an annual license to each casualty and surety company to transact business throughout this state, [twenty ($20)] one hundred ($100) dollars.

      (f) For an annual license to each underwriter’s agency, for each company represented in such agency, twenty-five ($25) dollars.

      (g) For filing annual company statement, ten ($10) dollars.

      (h) For issuing agent’s license, two ($2) dollars.

      (i) For issuing solicitor’s license, two ($2) dollars.


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

ê1949 Statutes of Nevada, Page 553 (Chapter 255, AB 207)ê

 

      (j) For issuing nonresident broker’s license, one hundred ($100) dollars.

      (k) For issuing any other certificate required or permissible under the law, one ($1) dollar.

      (2) The possession of a license, under the provisions of this act, shall be authorization to transact such business as shall be indicated in such license and shall be in lieu of all licenses required to solicit insurance business within the State of Nevada.

      (3) The amount of the expense incurred in the examination of the conditions and affairs of any company shall be paid by the company. No such charge shall be made except for necessary traveling and hotel expense and compensation of examiner.

      (4) At the time of any service of process on the commissioner, as attorney for such service, the commissioner shall charge and collect the sum of two ($2) dollars, which may be recovered as taxable costs by the party to the suit or action causing such service to be made if he prevails in such suit or action.

      Sec. 2.  This act shall be in full force and effect from and after January 1, 1950.

 

________

 

 

CHAPTER 256, AB 361

Assembly Bill No. 361–Committee on Livestock.

CHAPTER 256

AN ACT to create a predatory animal and rodent control committee; defining its functions and duties; authorizing cooperative agreements; and other matters related thereto.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  For the purpose of cooperating with the fish and wildlife service of the U. S. department of interior for the control of predatory animals and rodents within the State of Nevada, with such funds as may be made available to it by contributions either by private or public agencies, or otherwise, there is hereby created the state predatory animal and rodent committee, hereinafter called the “committee.” The committee shall consist of five members, one to be designated from among its members by the state board of stock commissioners, one to be designated from among its members by the state fish and game commission, one to be designated from among its members by the state board of sheep commissioners, one to be designated from among its members by the state board of health and one to be designated from among its members by the state farm bureau. The office of the committee shall be located in the office of the state board of sheep commissioners and the secretary of that board hall serve as secretary of the committee. The members and secretary of the committee shall serve without salary or compensation as such but the travel and subsistence expenses of each member and the secretary incident to attendance at meetings or conferences of the committee, may be defrayed by and from the funds of the aforesaid already existing boards and bureau of which he is the designated member and/or secretary.


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

ê1949 Statutes of Nevada, Page 554 (Chapter 256, AB 361)ê

 

serve without salary or compensation as such but the travel and subsistence expenses of each member and the secretary incident to attendance at meetings or conferences of the committee, may be defrayed by and from the funds of the aforesaid already existing boards and bureau of which he is the designated member and/or secretary.

      Such miscellaneous administrative expenses as are necessary for the conduct of the committee’s affairs, aside from travel and subsistence expenses of the members and secretary, such as stationery and postage, shall be paid from and a proper charge against the sheep inspection fund of the state board of sheep commissioners in whose office the office of the committee is to be situated as provided for hereinabove.

      Sec. 2.  It shall be the duty of the committee to enter into agreements from time to time with the said fish and wildlife service covering cooperative control of predatory animals and rodents in and by those manners and methods whereby a maximum of protection against losses of livestock, poultry, game birds and animals and crops on a state-wide basis best can be assured with a maximum of returns for the funds expended.

      Sec. 3.  Upon and following its organization the committee shall select its own chairman and the duty of calling the first meeting of the committee following designation of its members by the aforesaid agencies shall lie with the committee’s secretary.

      Sec. 4.  The committee is hereby authorized to accept contributions of money for furthering the purpose for which it is established. Any and all such contributions shall be promptly converted by the committee into a special fund to be known as the state predatory animal and rodent fund to be held in trust by the state treasurer for predatory animal and rodent control work, only, under the provisions of this act. All claims against such fund shall be approved by at least one member of the committee, designated for that purpose by the committee, and the secretary of the committee and by the state board of examiners.

      Sec. 5.  All acts or parts of acts in conflict with this act hereby are repealed.

 

________

 

 

CHAPTER 257, AB 349

Assembly Bill No. 349–Messrs. Norstrom, Christensen, and Claiborne.

CHAPTER 257

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, as amended.

 

[Approved March 29, 1949]

 

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 1929 N. C. L., section 5040, as amended by chapter 198, Statutes of Nevada 1947, is hereby amended to read as follows:


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

ê1949 Statutes of Nevada, Page 555 (Chapter 257, AB 349)ê

 

      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. 2.  Section 18 of the above-entitled act, being 1929 N. C. L., section 5057, as amended by chapter 198, Statutes of Nevada 1947, 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 other 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.


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

ê1949 Statutes of Nevada, Page 556 (Chapter 257, AB 349)ê

 

      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:

      Glauber salts, [vaseline,] petroleum jelly, 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 [.] ; and provided further, that aspirin and effervescent saline analgesics may be sold on railroad trains.

      No store or shop shall use the words “drug” or “drugs” in any advertising or display unless a registered pharmacist or licentiate is in charge of said store or shop, or such store or shop holds a rural permit issued by the board of pharmacy as defined in section 18.

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

 

________

 

 

CHAPTER 258, AB 301

Assembly Bill No. 301–Committee on Ways and Means.

CHAPTER 258

AN ACT to amend the title of and to amend an act entitled “An act authorizing and directing the board of regents of the University of Nevada to establish a retirement system covering all employees of the University of Nevada and the public service division thereof; authorizing the board of regents with the approval of the state board of examiners to establish rules and regulations for the administration thereof; authorizing the board of regents to accept the provisions of the act of Congress approved March 4, 1940; creating a fund to be known as the University of Nevada retirement plan fund; authorizing the payment of annuities and the purchase of group annuities; defining the duties of the board of regents of the University of Nevada, the state board of examiners, the state controller, and the state treasurer in relation thereto; providing and establishing the necessary funds, authorizing the levy of the tax therefor, and other matters relating thereto,” approved March 16, 1943.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

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

      “An act authorizing and directing the board of regents of the University of Nevada to establish a retirement system covering all employees of the University of Nevada and the public service division thereof;


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

ê1949 Statutes of Nevada, Page 557 (Chapter 258, AB 301)ê

 

authorizing the board of regents with the approval of the state board of examiners to establish rules and regulations for the administration thereof; authorizing the board of regents to accept the provisions of the act of Congress approved March 4, 1940; creating a fund to be known as the University of Nevada retirement plan fund; authorizing the payment of annuities and the purchase of group annuities; defining the duties of the board of regents of the University of Nevada, the state board of examiners, the state controller, and the state treasurer in relation thereto; providing and establishing the necessary funds, [authorizing the levy of the tax therefor,] and other matters relating thereto.”

      Sec. 2.  Section 5 of the above-entitled act, being section 7785.05 Nevada Compiled Laws, 1945 Supplement, is hereby amended to read as follows:

      Section 5.  The University of Nevada retirement plan fund shall be made up of all moneys received from the following sources or derived in the following manner:

      (a) All federal funds made as employer contribution as provided for by the act of Congress approved March 4, 1940;

      [(b) An ad valorem tax of ten mills on each one hundred dollars of all taxable property in the state, including net proceeds of mines and mining claims, which tax shall be annually levied and collected at the same time and in the same manner as the other state taxes are collected;]

      (b) Funds provided by direct legislative appropriation from the general fund of the state;

      (c) All contributions made by employees of the University of Nevada and the public service division thereof;

      (d) All donations, legacies, gifts, and bequests which shall be made to such fund, and all moneys which shall be obtained or contributed for the same purpose and other sources.

      Sec. 3.  Section 6 of the above-entitled act, being section 7785.06 Nevada Compiled Laws, 1945 Supplement, is hereby amended to read as follows:

      Section 6.  From the moneys arising from the [ad valorem tax of ten mills on each one hundred dollars of taxable property,] legislative appropriation provided for in section 5 of this act, an amount equal to not more than five (5%) percent of the salaries paid from state funds to employees of the University of Nevada and the public service division thereof shall be used as employer contribution to pay the State of Nevada’s portion of annuities and premiums on group annuities for such employees, and the balance of the moneys arising from said [ad valorem tax,] legislative appropriation, or so much thereof as may be necessary, may be used to supplement such annuities or group annuities so that each employee of the University of Nevada and the public service division thereof upon being retired shall receive an annuity equal to at least twenty-five (25%) percent of his average salary for the five years next preceding the date of his retirement;


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

ê1949 Statutes of Nevada, Page 558 (Chapter 258, AB 301)ê

 

provided, that such annuity in no case shall be less than twenty-five ($25) dollars per month.

      Sec. 4.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

 

________

 

 

CHAPTER 259, AB 350

Assembly Bill No. 350–Committee on Livestock.

CHAPTER 259

AN ACT providing for cooperation, in behalf of the sheep raising industry of Nevada, between the Nevada state board of sheep commissioners, acting as the state woolgrowers predatory animal committee, and the fish and wildlife service of the federal government incident to predatory animal control; providing for certain taxing powers and for certain duties on the part of the Nevada state board of sheep commissioners and the tax levying and collecting officials of the counties concerned incident thereto; repealing all acts or parts of acts in conflict herewith, and other matters properly relating thereto.

 

[Approved March 29, 1949]

 

      Whereas, One major group in Nevada in whose case an efficient and adequate program of control of predatory animals on a continuing and state-wide basis is of vital importance is that group comprising the sheep raising industry; and

      Whereas, There is need for a means whereby the widely scattered members of this group can coordinate and center their aid both financial and directive in such a state-wide control program in a manner equitable among and beneficial to Nevada sheep raisers, generally, in some state agency representative of and closely related to their industry which has the administrative machinery through which, at a minimum of new expense, the necessary funds can be raised from the sheep-raising industry and made available for the program and the necessary agreements entered into and supervised from time to time to assure the sheep-raising group from whom the funds are raised that such funds will be used for no purpose other than that for which raised and, under this purpose with a maximum of benefits for all sheep raisers of all Nevada regions; now, therefore,

 

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

do enact as follows:

 

      Section 1.  The Nevada state board of sheep commissioners, hereinafter called the board, is hereby empowered and authorized, acting as the state woolgrowers predatory animal committee, hereinafter called the committee, to make an annual special tax levy of not to exceed the equivalent of ten cents per head on all sheep assessed by the taxing authorities of the various counties of Nevada for the year concerned, said special tax levy to be designated as the “Woolgrowers Predatory Animal Control Levy,” to be levied and collected as are other property taxes by the tax levying and tax collecting authorities of the various Nevada counties in the case of all sheep assessed on the rolls of the said counties for the tax year following receipt of notice of the said special levy from the board by the said county taxing authorities; provided, that the said notice shall be sent by the board to the county commissioners of the several counties of the state on or before the fifth day of February of each year concerned.


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

ê1949 Statutes of Nevada, Page 559 (Chapter 259, AB 350)ê

 

rolls of the said counties for the tax year following receipt of notice of the said special levy from the board by the said county taxing authorities; provided, that the said notice shall be sent by the board to the county commissioners of the several counties of the state on or before the fifth day of February of each year concerned.

      As collected, the funds derived from the said special levy shall be deposited by the proper county official with the state treasurer who shall place and keep the said funds in a special fund to be known as the “Woolgrowers Predatory Animal Control Fund,” subject only to the orders of the board.

      Sec. 2.  The board, acting as the committee, is hereby empowered and authorized in behalf of the sheep-raising industry of Nevada to enter into cooperative agreements with the federal fish and wildlife service, hereinafter called the service, in its program of predatory animal control and to contribute moneys to aid the said program from the special fund provided for in this act in accord with the terms of such cooperative agreements and within the limitations of the said fund and, the board may draw upon the said special fund for this purpose only and the sums so drawn shall be made available from the said fund by the proper authorities of the state in the amounts and for the purposes for which drawn.

      Sec. 3.  In the case of any funds made available to it hereby the service shall furnish to the board, as soon as practicable after the succeeding date of June 30 of each year concerned, a detailed statement of its disposition of such funds and a report of the results accomplished thereby.

      Sec. 4.  In the case of any fur sale proceeds received by the board from the service or any other contributions which may be received by the board for aiding in predatory animal control work, the amounts concerned shall be deposited by the board in the said special fund, becoming a part thereof and subject to the provisions of this act.

      Sec. 5.  Administrative expenses necessary on the part of the board in carrying out the provisions of this act shall be a proper charge against and payable from its sheep inspection fund.

      Sec. 6.  In each instance, in this act, where the term “sheep” is used the said term also includes goats.

      Sec. 7.  To further the purposes of this act the board is empowered and directed, in deciding upon the amount of the rate to be levied each year and the terms of cooperative agreements as provided for herein, to recognize and consider the counsel of any committees of advisors selected by any woolgrower organization which the board considers to be representative of the state’s woolgrowing industry.

      Sec. 8.  All acts and parts of acts insofar as the provisions thereof are inconsistent with this act and especially an act entitled “An act providing for the creation of woolgrowers county predatory animal control committees and fixing their duties and powers; providing for cooperation between such committees and the fish and wildlife service of the federal government incident to predatory animal control; providing for certain powers and duties on the part of the Nevada state board of sheep commissioners and the tax levying and collecting officials of the counties concerned incident thereto, and other matters relating thereto,” approved March 15, 1945, and section 3880, N.


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

ê1949 Statutes of Nevada, Page 560 (Chapter 259, AB 350)ê

 

board of sheep commissioners and the tax levying and collecting officials of the counties concerned incident thereto, and other matters relating thereto,” approved March 15, 1945, and section 3880, N. C. L. 1929, dealing with payment of bounties by the state board of sheep commissioners for killing noxious animals, are hereby repealed.

 

________

 

 

CHAPTER 260, AB 268

Assembly Bill No. 268–Committee on Agriculture.

CHAPTER 260

AN ACT to amend an act entitled “An act to provide for the inspection for and the destruction of noxious weeds, providing the manner of designation what constitutes a noxious weed, providing for the administration of this act, defining the duties of the state quarantine officer in relation thereto, defining the duties of county commissioners in relation to this act, making an appropriation for carrying out the provisions of this act, providing penalties for the violation thereof, and other matters properly related thereto,” approved March 29, 1929.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  The above-entitled act, being sections 414-425, inclusive, 1929 N.C.L., as amended by chapter 163, 1941 Statutes of Nevada, is further amended by inserting therein a new section, numbered 2.5, and to immediately follow section 2, and which shall read as follows:

      Section 2.5.  Upon written petition of sixty-five percent of the land owners in a county, or portion of a county, outside an incorporated town or municipality, the county commissioners of said county shall designate such county, or portion of a county, as a weed-control district for the control of weeds specified as hereinafter provided therein; provided, any area within said district composed of not less than three thousand (3,000) adjoining acres shall upon petition of seventy-five percent (75%) of the land owners therein be excluded from said weed-control district.

      When such a weed-control district is designated, the county commissioners shall appoint a board of three directors from among the land owners signing the said petition, who shall elect one of their members chairman and whose duties shall be as follows:

      (a) To designate, subject to the approval of the state quarantine officer, the weeds to be controlled in the district.

      (b) To appoint, subject to the approval of the state quarantine officer, a properly qualified supervisor who shall be in direct charge of the control of the designated weeds in the district.

      (c) To administer any funds provided by assessment, voluntary contribution, county appropriation, or otherwise for the control of the designated weeds in the district.

      (d) To promulgate, subject to the approval of the state quarantine officer, regulations governing the intrastate and intradistrict movement of all agricultural products, livestock, agricultural machinery, or other vectors capable of spreading the weeds designated for control in the district.


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ê1949 Statutes of Nevada, Page 561 (Chapter 260, AB 268)ê

 

vectors capable of spreading the weeds designated for control in the district.

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

 

________

 

 

CHAPTER 261, AB 100

Assembly Bill No. 100–Committee on Roads and Highways.

CHAPTER 261

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 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 13 of the above-entitled act, being N. C. L. 1929, 1931-1941 Supp., section 5336, is hereby amended to read as follows:

      Section 13.  All bills against the state highway fund for construction, improvement, or maintenance under the provisions of this act shall be certified by the state highway engineer and shall be presented and examined by the board of examiners, and, when so allowed, upon being audited by the state controller, the state controller shall draw his warrant therefor upon the state treasurer; provided, however, that upon the written request of the board of directors of the department of highways the state controller of the State of Nevada is hereby authorized, empowered, and directed to draw his warrant in favor of the state highway engineer in the sum of [sixty thousand ($60,000)] one hundred thousand ($100,000) dollars, and upon presentation of the same to the treasurer of the State of Nevada the said treasurer is hereby authorized, empowered, and directed to pay the same. The said sum of [sixty thousand ($60,000)] one hundred thousand ($100,000) dollars is to be known as the “State Highway Revolving Fund” and may be used by the said state highway engineer for the purpose of paying the current pay rolls of the department of highways and other obligations requiring prompt payment, and for no other purpose; and all bills or demands paid by him from said fund shall, after payment thereof, be passed upon by the board of examiners in the same manner as other claims against the State of Nevada, and when approved by the board of examiners the controller shall draw his warrant for the amount of such claim or claims in favor of the “State Highway Revolving Fund” to be paid to the order of the state highway engineer, and the treasurer shall pay the same. The state highway engineer is directed to deposit said state highway revolving fund in one or more banks of reputable standing, and to secure the said deposit by depositary bond satisfactory to the board of examiners.

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

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

 

________

 

 


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ê1949 Statutes of Nevada, Page 562ê

 

CHAPTER 262, AB 239

Assembly Bill No. 239–Mr. Batt.

CHAPTER 262

AN ACT to amend an act entitled “An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds and fish; creating the state fish and game commission, county game management boards, and certain other offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the regulation and licensing of hunting, trapping, game farming and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the establishment, closing, opening and shortening of hunting and fishing seasons; regulating the taking, transportation and possession of wild animals, wild birds and fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom; providing penalties for violation thereof; and repealing certain acts and parts of acts in conflict therewith,” approved March 22, 1947.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 24 of the above-entitled act, being section 24, chapter 101, 1947 Statutes of Nevada, is hereby amended to read as follows:

      Section 24.  It shall be unlawful for any person to fish in or from the waters of Pyramid lake except between the first day of March and the [first] thirty-first day of October of the same year, both dates included; provided, that if delivered by private conveyance, Indian wards of the United States who are residents of this state shall, under regulations prescribed by the state fish and game commissioners, have the privilege of selling, direct to consumers, fish they may legally take from the waters of Pyramid lake, and that part of the Truckee river lying north of the government dam at Numana between March first and December fifteenth, both dates included, and any Indian over sixteen years of age may be allowed to have twenty-five pounds or twenty-five fish from said Pyramid lake and said portion of Truckee river.

      Sec. 2.  Section 25 of the above-entitled act, being section 25, chapter 101, 1947 Statutes of Nevada, is hereby amended to read as follows:

      Section 25.  It shall be unlawful for any person to fish in or from any of the waters of Maggie creek and tributaries, north and south forks of the Humboldt river and tributaries, Mary’s river and tributaries, Willow creek reservoir and all creeks emptying into same, Salmon river and tributaries, Jarbidge river and tributaries, Bruneau river and tributaries, Goose creek, Little Goose creek, Jake’s creek, or the Humboldt river, within said district No. 1, except between the first day of May and the fifteenth day of November of the same year, both dates included; or in or from any of the waters known as the Ruby marshes, except between the first day of April and the thirty-first day of October of the same year; or in or from any other waters within district No.


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ê1949 Statutes of Nevada, Page 563 (Chapter 262, AB 239)ê

 

of October of the same year; or in or from any other waters within district No. 1, except between the fifteenth day of April and the thirty-first day of October of the same year, both dates included.

      Sec. 3.  Section 26 of the above-entitled act, being section 26, chapter 101, 1947 Statutes of Nevada, is hereby amended to read as follows:

      Section 26.  It shall be unlawful for any person to fish in or from the waters of Pyramid lake and Washoe lake, in district No. 2, and Lahontan lake in district No. 3, between the [first] thirty-first day of October of each year and the first day of March of the following year; and it shall be unlawful for any person to fish in or from the waters of Topaz lake in district No. 3, between the first day of November of each year and the first day of May of the following year; and it shall be unlawful for any person to fish in or from any of the other waters of districts Nos. 1 to 5, inclusive, except between the fifteenth day of April and the [first] thirty-first day of October of the same year, both dates included; provided, that nothing in this section shall apply to the waters of Lake Mead and the Colorado river lying within the State of Nevada, and provided that all of the waters within Churchill County shall be open to the taking of catfish at any time during the year; provided, that if delivered by private conveyance, Indian wards of the United States, who are residents of this state shall, under regulations prescribed by the state fish and game commissioners, have the privilege of selling, direct to consumers, fish they may legally take from the waters of Walker lake between March first and December fifteenth, both dates included, and any Indian over sixteen years of age may be allowed to have twenty-five pounds or twenty-five fish from said lake; provided further, game fish and carp may be taken at any time [during the years 1947, 1948, and 1949] from the waters of Walker lake.

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

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

 

________

 

 

CHAPTER 263, AB 21

Assembly Bill No. 21–Washoe County Delegation.

CHAPTER 263

AN ACT making an appropriation to the city of Reno for paving on Seventh Street from Valley Road to Alameda Avenue in the city of Reno, Washoe County, Nevada, abutting on the property and grounds of the University of Nevada.

 

[Approved March 29, 1949]

 

      Whereas, The city of Reno, a municipal corporation located in Washoe County, Nevada, is providing for the improvement of certain streets in the city of Reno, by the paving of said streets, which said improvements include that portion of Seventh street from Valley road to Alameda avenue, in said city of Reno, abutting upon the property of the University of Nevada, and intends to pay for said improvement by special assessments against the property fronting or abutting on said streets; and


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

ê1949 Statutes of Nevada, Page 564 (Chapter 263, AB 21)ê

 

      Whereas, Under said improvement program the following improvements will be chargeable against the property of the University of Nevada, to wit:

      Special assessment roll 1948 paving program:

Seventh street from Valley road to Alameda avenue,

21,240 sq. ft. of paving @ 19 cents .......................................................................  $4,035.60

                                                                                                                            ____________

Total assessment, 1948 program............................................................................  $4,035.60

now, therefore,

 

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

do enact as follows:

 

      Section 1.  The sum of four thousand thirty-five and 60/100 ($4,036.60) dollars is hereby appropriated out of any moneys in the general fund of the State of Nevada not otherwise appropriated, for the payment of paving outlined in the preamble hereto, and the state controller is hereby authorized and directed to draw his warrant in favor of the city of Reno for a sum not to exceed four thousand thirty-five and 60/100 ($4,035.60) dollars, and the state treasurer is hereby authorized and directed to pay the same upon the presentation of a duly authorized claim for said improvements presented by the city council of the city of Reno, and duly approved by the board of regents of the University of Nevada and by the state board of examiners.

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

 

________

 

 

CHAPTER 264, AB 217

Assembly Bill No. 217–Committee on Education.

CHAPTER 264

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 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 180 of the above-entitled act, being chapter 63 Statutes of Nevada 1947, is hereby amended to read as follows:

      Section 180.  It shall be the further duty of the superintendent of public instruction, immediately after the state controller shall have made his semiannual report, to apportion the state distributive school fund among the several counties of the state in the following manner:

      1.  After setting aside the sum of five thousand ($5,000) dollars as the emergency school fund, and not more than thirty thousand ($30,000) dollars as the state school reserve fund, and not more than seven hundred and fifty ($750) dollars as the state school research fund, in the manner provided in section 183 of this school code, he shall, beginning with July 1, 1947, and semiannually thereafter, apportion the state distributive school fund, subject to apportionments at the time, among the several counties in the state in the following manner:

 


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

ê1949 Statutes of Nevada, Page 565 (Chapter 264, AB 217)ê

 

shall, beginning with July 1, 1947, and semiannually thereafter, apportion the state distributive school fund, subject to apportionments at the time, among the several counties in the state in the following manner:

      2.  (a) After complying with the provisions of paragraph 1 of this section, the superintendent of public instruction shall apportion from the state distributive school fund among the several counties of the state in the following manner: He shall apportion eight hundred eighty-seven dollars and fifty cents ($887.50) for each teacher to which the county is entitled as provided in paragraph 1 of section 179 hereof; provided, that failure on the part of the board of trustees of any school district to pay a minimum annual salary of two thousand four hundred ($2,400) dollars to every full-time employee who is required to hold a Nevada teacher’s certificate [or failure on the part of any such school board to utilize for the payment of salaries of such certificated employees the full amount of the apportionment for each teacher as herein provided,] shall result in the forfeiture of all of the next semiannual state apportionment for each teacher to which such district may be entitled under the provisions of this act.

      (b) He shall apportion on a per capita basis from the state distributive school fund not more than eight ($8) dollars for each pupil in average daily attendance, as shown by the last preceding annual school report.

      3.  Whenever the county commissioners of any county shall have levied, for elementary school purposes, exclusive of bond interest and redemption, a county tax of at least thirty-five cents (35¢) on the one hundred ($100) dollars assessed valuation of the taxable property in the county, if such levy does not produce for the county school fund of such county an amount of money sufficient to make the minimum county teacher and pupil apportionments provided for in section 181, paragraph 1, (a) and (b) of this act, the superintendent of public instruction shall apportion to said county from the state school reserve fund such a sum of money as when taken with the amount produced by the said county tax levy of thirty-five (35¢) cents on the one hundred ($100) dollars assessed valuation on said property will be sufficient to make the minimum county teacher and pupil apportionments required by law for such county for elementary school purposes.

      4.  Newly established school districts which have not been in operation for one (1) year and therefore have had no average daily attendance during the preceding school year shall be allowed funds from the state distributive school fund at the time of the regular semiannual apportionment on the basis of the number of resident pupils of school age listed on the verified petition filed by their parents with the county commissioners for the establishment of the district; provided, that school districts established after the regular July apportionment of the state distributive school fund has been made are entitled to receive the apportionment to which they would have been entitled from that fund had they been established on July 1, the pupil apportionment being based on the number of resident pupils of school age listed on the verified petition filed by their parents or legal guardians with the county commissioners for the establishment of such districts.


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

ê1949 Statutes of Nevada, Page 566 (Chapter 264, AB 217)ê

 

age listed on the verified petition filed by their parents or legal guardians with the county commissioners for the establishment of such districts. The superintendent of public instruction is hereby authorized and directed to make such supplemental apportionments of the state distributive school fund as herein provided.

      5.  The legislature shall appropriate out of the moneys in the general fund of the state treasury, for deposit in the state distributive school fund, sufficient funds to carry out the provisions of this chapter.

      Sec. 2.  Section 183 of the above-entitled act, being chapter 63 Statutes of Nevada 1947, is hereby amended to read as follows:

      Section 183.  At the time of the apportionment of money in the state distributive school fund in January and June of each year, the superintendent of public instruction, before making such apportionment, shall set aside from said fund the sum of five thousand ($5,000) dollars, the same to constitute and be known as the emergency school fund, and not more than thirty thousand dollars ($30,000) as the state school reserve fund. At the same time and in like manner he shall set aside the sum of [two thousand five hundred ($2,500) dollars] seven hundred fifty dollars ($750) the same to be known as the state school research fund, to be used by the superintendent of public instruction in the study of the state-wide school problems; and he shall at once notify the state controller and the state treasurer of his action.

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

 

________

 

 

CHAPTER 265, AB 153

Assembly Bill No. 153–Committee on Public Printing.

CHAPTER 265

AN ACT to amend an act entitled “An act relating to elections,” approved March 24, 1917.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 49 of the above-entitled act, being section 2487, 1929 N. C. L., is hereby amended to read as follows:

      Section 49.  The county clerks of the several counties of this state shall supervise the printing of the ballots, and such ballots shall be printed at some newspaper or printing office in the county where the ballots are to be voted, and in case there is no newspaper or printing office in the county in which the work can be done, then said clerk is hereby authorized, empowered, and directed to have said printing done in any newspaper or printing office in the state; provided, that the cost of printing said ballots shall not exceed the sum of [forty dollars per thousand] sixty dollars per thousand or fraction thereof for the first two thousand ballots printed and forty dollars for each additional thousand printed.

 

________

 

 


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

ê1949 Statutes of Nevada, Page 567ê

 

CHAPTER 266, AB 216

Assembly Bill No. 216–Committee on Education.

CHAPTER 266

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 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 411 of the above-entitled act is hereby amended to read as follows:

      Section 411.  The members of the state textbook commission shall, with the exception of the governor and the superintendent of public instruction, receive the sum of ten ($10) dollars per diem for each day actually engaged in transacting the business of the commission, and actual traveling expenses not to exceed ten (10) cents per mile to and from the meetings of the commission. There is hereby appropriated the sum of seven hundred fifty ($750) dollars per year, or so much thereof as may be necessary to carry out the provisions of this chapter, from the state distributive school fund. Bills for such compensation shall be allowed and paid in the usual manner. The state textbook commission shall not be in session more than twenty (20) days in any one (1) year.

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

 

________

 

 

CHAPTER 267, AB 85

Assembly Bill No. 85–Mr. Wells.

CHAPTER 267

AN ACT to exempt from taxation all American national red cross buildings, furniture, equipments, and lots of ground on which they stand, personal property and motor vehicles, used therewith, and necessary thereto, and of any of its chapters in the State of Nevada, and to repeal all acts in conflict with the provisions of this act.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  There shall be exempted from taxation all American national red cross buildings, with their furniture and equipments, and the lots of ground on which they stand, personal property and motor vehicles, used therewith, and necessary thereto, and of any of its chapters in the State of Nevada; provided, that when any such property is used for any other than American national red cross purposes and a rent or other valuable consideration is received for its use, the same shall be taxed.

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


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

ê1949 Statutes of Nevada, Page 568 (Chapter 267, AB 85)ê

 

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval, and shall expire at its limitation on January 1, 1951.

 

________

 

 

CHAPTER 268, AB 104

Assembly Bill No. 104–Mr. Wells.

CHAPTER 268

AN ACT to grant a tax exemption to certain organizations in the State of Nevada.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Notwithstanding any other provision of law, all property whether real or personal, belonging to the Young Men’s Christian Association, the Young Women’s Christian Association, the Salvation Army Corps, the Girl Scouts of America, and the Boy Scouts of America, shall be exempt from taxation; provided, that such property is used by said organizations only for their legitimate purposes, and not for income production.

      Sec. 2.  This act shall be effective from and after its passage and approval and shall expire at its limitation on January 1, 1951.

 

________

 

 

CHAPTER 269, AB 263

Assembly Bill No. 263–Clark County Delegation.

CHAPTER 269

AN ACT to establish commissioner districts in the county of Clark, and providing for the election therefrom of members of the board of county commissioners.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  The county of Clark is hereby divided into three commissioner districts as follows:

      1.  All that portion of Clark County comprising the election precincts of the Nelson township and the Searchlight township shall be known as commissioner district No. 1, and shall be represented by one member of the board of county commissioners.

      2.  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 shall be known as commissioner district No. 2, and shall be represented by one member of the board of county commissioners.

      3.  All the remaining portion of Clark County, Nevada, shall be known as commissioner district No. 3, and shall be represented by three members of the board of county commissioners.


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

ê1949 Statutes of Nevada, Page 569 (Chapter 269, AB 263)ê

 

      Sec. 2.  At the general election in 1950 and at alternate general elections thereafter there shall be elected from district No. 1, one long-term commissioner, who shall be elected at large and serve for a term of four (4) years, and who shall be a qualified elector and resident of said district. At the general election in 1950 and at alternate general elections thereafter there shall be elected from district No. 2, one long-term commissioner, who shall be elected at large and serve for a term of four (4) years, and who shall be a qualified elector and resident of said district. At the general election in 1950 and at each general election thereafter there shall be elected from district No. 3, two short-term commissioners, who shall be elected at large and serve for a term of two years, and who shall be qualified electors and residents of said district. At the general election in 1952, and at alternate general elections thereafter, there shall be elected from district No. 3, one long-term commissioner, who shall be elected at large and serve for a term of four (4) years, and who shall be a qualified elector and resident of said district.

      Sec. 3.  The board of county commissioners of the county of Clark shall establish election precincts within such county in such manner that each and every election precinct shall be wholly within some one of said commissioner districts.

      Sec. 4.  Nothing in this act shall be construed to limit or affect the term of office of any commissioner now holding such office.

      Sec. 5.  If, during the term of his office, any commissioner shall remove from the district from which he was elected, his term of office shall immediately terminate and the vacancy thereby created shall be filled according to law.

      Sec. 6.  Chapter 125, Statutes of Nevada 1915; chapter 141, Statutes of Nevada 1923; chapter 103, Statutes of Nevada 1925, and all acts or parts of acts in conflict with this act, are hereby repealed.

      Sec. 7.  This act shall be in full force and effect from and after its passage and approval.

 

________

 

 

CHAPTER 270, AB 289

Assembly Bill No. 289–Mr. Wells.

CHAPTER 270

AN ACT for the relief of the Young Men’s Christian Association of Reno, Nevada, providing the method and authority for reimbursement of its 1948 taxes after payment thereof, and making it the duty of the respective officers of the State of Nevada, county of Washoe, and city of Reno, and the trustees of Reno school district No. 10 in their official capacities to pay the amounts provided in this act.

 

[Approved March 29, 1949]

 

      Whereas, The Young Men’s Christian Association of Reno, Nevada, is a charitable institution wholly supported by contributions and donations of individuals, and by the Reno community chest, whose funds are acquired by solicitation for charitable purposes; and

      Whereas, By chapter 200 of the Statutes of the State of Nevada passed at the 43d session of the state legislature of the State of Nevada in the year 1947 the Young Men’s Christian Association was given an exemption of $5,000; and

 


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

ê1949 Statutes of Nevada, Page 570 (Chapter 270, AB 289)ê

 

passed at the 43d session of the state legislature of the State of Nevada in the year 1947 the Young Men’s Christian Association was given an exemption of $5,000; and

      Whereas, The real property and improvements of the Young Men’s Christian Association of Reno, Nevada, was assessed at $70,000 for the year 1948, and there is a tax rate of $5 per hundred on said assessment making a total tax, after exemption, of $3,250; and

      Whereas, The Young Men’s Christian Association of Reno, Nevada, is unable to pay said tax and is without funds with which to meet the obligations for its current operation exclusive of taxes; and

      Whereas, By reason of the hardship on the Young Men’s Christian Association of Reno, Nevada, said tax, when and if paid, should be reimbursed to said charitable institution; and

      Whereas, Said tax may not be forgiven under the laws of the State of Nevada, but should be refunded, after payment, by reason of the ancient and accepted rule of exemption of charities and educational institutions from taxation; and

      Whereas, Of said $3,250 the sum of $416 will be received by the State of Nevada, and the sum of $1,267.50 will be received by the county of Washoe, and the sum of $1,118 will be received by the city of Reno, and the sum of $448.50 will be received by Reno school district No. 10; now, therefore,

 

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

do enact as follows:

 

      Section 1.  That upon the payment of the Young Men’s Christian Association of Reno, Nevada, of the sum of $3,250 in satisfaction of the assessment and levy of the tax against the real property and improvements of said Young Men’s Christian Association of Reno, Nevada, for the year 1948 as aforesaid, it shall be lawful for said Young Men’s Christian Association of Reno, Nevada, to file claims for refund of said tax for the sum of $416 from the State of Nevada, for the sum of $1,267.50 from the county of Washoe, for the sum of $1,118 from the city of Reno, and for the sum of $448.50 from Reno school district No. 10.

      Sec. 2.  Upon the filing of a claim by said Young Men’s Christian Association of Reno, Nevada, as provided by law, the same shall be allowed by the state board of examiners and there is hereby appropriated out of the general fund of moneys in the general fund of the State of Nevada the sum of $416 for the purpose of paying the claim of the said Young Men’s Christian Association of Reno, Nevada, and the state controller is hereby empowered and directed to draw his warrant, and the treasurer is hereby empowered and directed to pay the sum of $416 out of said general fund, when the procedural method as herein provided for filing said claim has been followed.

      Sec. 3.  Upon payment of said tax by said Young Men’s Christian Association of Reno, Nevada, and upon the filing of a claim against the county of Washoe the said claim shall be approved and allowed by the board of county commissioners of said county, and it shall be the duty of the county auditor of Washoe County, Nevada, to draw his warrant in the sum of $1,267.50 to the order of said Young Men’s Christian Association of Reno, Nevada, and it shall be the duty of the county treasurer of Washoe County, Nevada, to pay said warrant, and the county auditor of Washoe County, Nevada, is hereby empowered and directed when the payment of said tax is made and the claim filed and allowed as herein provided, to draw his warrant in the sum of $1,267.50 to the order of said Young Men’s Christian Association of Reno, Nevada, payable out of the general fund of the county of Washoe, and the treasurer of Washoe County, Nevada, be, and he is hereby empowered and directed to pay said warrant.


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

ê1949 Statutes of Nevada, Page 571 (Chapter 270, AB 289)ê

 

board of county commissioners of said county, and it shall be the duty of the county auditor of Washoe County, Nevada, to draw his warrant in the sum of $1,267.50 to the order of said Young Men’s Christian Association of Reno, Nevada, and it shall be the duty of the county treasurer of Washoe County, Nevada, to pay said warrant, and the county auditor of Washoe County, Nevada, is hereby empowered and directed when the payment of said tax is made and the claim filed and allowed as herein provided, to draw his warrant in the sum of $1,267.50 to the order of said Young Men’s Christian Association of Reno, Nevada, payable out of the general fund of the county of Washoe, and the treasurer of Washoe County, Nevada, be, and he is hereby empowered and directed to pay said warrant.

      Sec. 4.  Upon payment of said tax by the Young Men’s Christian Association of Reno, Nevada, and upon the filing of a claim for the sum of $1,118 with the city of Reno, Nevada, said claim shall be approved and allowed by the city council of the city of Reno, Nevada, and it shall be the duty of the city auditor to draw his warrant in payment of said sum of $1,118 to the Young Men’s Christian Association of Reno, Nevada, payable out of the city’s general fund, and it shall be the duty of the city treasurer of the city of Reno, Nevada, to pay said sum; and upon the payment of said tax as provided for herein, and the filing and approval of said claim, the city auditor of the city of Reno, Nevada, is hereby empowered and directed to draw his warrant in the sum of $1,118, and the city treasurer of the city of Reno, Nevada, is hereby empowered and directed to pay said warrant.

      Sec. 5.  Upon the payment of said tax by the Young Men’s Christian Association of Reno, Nevada, and upon the filing of a claim for the sum of $448.50 with the board of trustees of Reno school district No. 10, and said claim shall be approved and allowed by the board of trustees of Reno school district No. 10, and it shall be the duty of the proper officers of said school board to draw a warrant or check in payment of said sum of $448.50; and upon the payment of said tax as provided for herein, and the filing and approval of said claim, the board of trustees of Reno school district No. 10 is hereby and empowered and directed to draw its warrant or check in the sum of $448.50 in favor of the Young Men’s Christian Association of Reno, Nevada, for payment in full of said sum.

      Sec. 6.  All acts or parts of acts which are inconsistent with any or all parts of this act are hereby repealed.

      Sec. 7.  In the event any section or provision of this act shall be declared unconstitutional, the remaining sections and provisions are hereby declared to be severable and shall remain in full force and effect.

      Sec. 8.  This act is declared to be an emergency relief measure and shall take effect immediately upon its passage and approval, and shall expire at its limitation on January 1, 1951.

 

________

 

 


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

ê1949 Statutes of Nevada, Page 572ê

 

CHAPTER 271, AB 311

Assembly Bill No. 311–Messrs. Capurro and Wells.

CHAPTER 271

AN ACT relating to the sale of cigarettes to minors; providing penalties therefor; repealing section 2 of an act entitled “An act to provide revenue for the support of the government of the State of Nevada and to repeal all acts and parts of acts in conflict herewith,” approved March 22, 1915, as amended.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  It shall be unlawful for any person or persons, firm, association, corporation, or managing agent of any person, firm, association, or corporation to sell, give away, or offer to sell cigarettes or cigarette paper to any person or persons under the age of eighteen years, and any person, firm, association, or corporation violating the provisions of this section shall be guilty of a misdemeanor.

      Sec. 2.  Section 2 of an act entitled “An act to provide revenue for the support of the government of the State of Nevada and to repeal all acts and parts of acts in conflict herewith,” approved March 22, 1915 as amended, the same being section 6665, Nevada Compiled Laws 1029, Supplement 1931-1941, is hereby repealed.

 

________

 

 

CHAPTER 272, AB 375

Assembly Bill No. 375–Committee on Judiciary.

CHAPTER 272

AN ACT to amend an act entitled “An act regulating procedure in juvenile cases; providing for the establishment of detention homes in certain counties; providing juvenile divisions of the district courts of the state; and other matters properly related thereto and repealing all acts in conflict therewith,” approved March 15, 1949.

 

[Approved March 29, 1949]

 

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 chapter 63, Statutes of Nevada 1949, is hereby amended to read as follows:

      Section 3.  Except as otherwise provided herein, the court shall have exclusive original jurisdiction in proceedings:

      1.  Concerning any child living or found within the county:

      a. Whose parent or other person legally responsible for the care and support of such child neglects or refuses, when able so to do, to provide proper or necessary support or education as required by law, or medical, surgical, or other care necessary for his well-being; or who is abandoned by his parent or other custodian; or who is otherwise without proper care, custody, or support.

      b. Whose occupation, behavior, environment, or associations are injurious to his welfare.


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

ê1949 Statutes of Nevada, Page 573 (Chapter 272, AB 375)ê

 

      c. Who deserts his home or who is habitually disobedient or beyond the control of his parent or other custodian.

      d. Who, being required by law to attend school, habitually and willfully violates rules thereof or absents himself therefrom.

      e. Who violates any state law or municipal ordinance, or any other rule or regulation having the force of law.

      2.  Concerning any person over the age of eighteen years and under the age of twenty-one years charged with having violated any provision of subdivision [1c] 1e of this section prior to having become eighteen years of age. Such a minor shall be dealt with under the provisions of this act relating to children.

      3.  For the care or commitment to an institution of a mentally defective or mentally disordered child.

      Nothing contained in this act shall deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in divorce or domestic relations cases.

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

 

________

 

 

CHAPTER 273, AB 72

Assembly Bill No. 72–Mr. Harmon.

CHAPTER 273

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

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 149 of the above-entitled act, being section 3656.149, 1929 N. C. L., Supp. 1941, is hereby amended to read as follows:

      Section 149.  The commissioner shall issue a nonresident broker’s license to an applicant when:

      (1) The applicant has shown by a statement from the proper official of his state of domicile that he is authorized to do business as an insurance broker in such state [;].


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

ê1949 Statutes of Nevada, Page 574 (Chapter 273, AB 72)ê

 

insurance broker in such state [;]. The commissioner may in his discretion enter into a reciprocal arrangement with the officer having jurisdiction of insurance business in any other state, to accept in lieu of the examination of such an applicant residing therein as hereinafter required, a certificate of such officer to the effect that the applicant is licensed as an insurance broker or agent in such state and has complied with its qualifications and standards in respect to the flowing:

      (a) Experience or training;

      (b) Reasonable familiarity with the broad principles of insurance licensing and regulatory laws and with the provisions, terms and conditions of the type or types which the applicant proposes to transact;

      (c) A fair and general understanding of the obligations and duties of an insurance broker or agent;

      (2) The applicant has paid an annual license fee as provided for in section 60 [.] ;

      (3) The applicant shall have successfully passed an examination given by the insurance commissioner showing his fitness and qualifications to be a broker within the State of Nevada. Such examination as set forth above shall be given at six-month intervals, the first examination so required to be given in the month of June 1949 and at six-month intervals thereafter; except that at any time after receipt of such application the commissioner may, in his discretion, forward the examination paper or papers to the insurance supervisory authority of the state in which the applicant has his domicile for the purpose of having such official administer the taking of the examination by such applicant in accordance with the instructions of the commissioner. In such event, the examination paper or papers shall be returned to and be graded by the commissioner for the purpose of determining whether the applicant has passed.

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

      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.

 

________

 

 


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

ê1949 Statutes of Nevada, Page 575ê

 

CHAPTER 274, AB 338

Assembly Bill No. 338–Committee on Ways and Means.

CHAPTER 274

AN ACT making an appropriation for the public school teachers retirement salary fund board.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, for the biennium ending June 30, 1951, the sum of one hundred seventy four thousand ($174,000) dollars, to be expended by the public school teachers retirement salary fund board for the purpose of carrying out the provisions of chapter 63, Statutes of Nevada 1947, as amended.

 

________

 

 

CHAPTER 275, AB 7

Assembly Bill No. 7–Mr. Higgins.

CHAPTER 275

AN ACT to amend and supplement an act entitled “An act to provide a relief fund in the several counties of the State of Nevada for the needy blind; providing for and prescribing the powers and duties of boards of county commissioners in every county,” approved February 25, 1925; making an appropriation therefor, and defining the duties of certain state and county officers in connection therewith.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 2 of chapter 29, Statutes 1943, being 1929 N. C. L. 1941 Supp., sec. 2322.01, 1945 pocket part is hereby amended so as to read as follows:

      Section 2.  Every needy blind person, as defined by the law of this state, claiming relief under this act shall file, at least ten (10) days prior to action on said claims, with the clerk of the board of county commissioners of the proper county, a duly verified statement of the facts bringing him or her within the provisions of this act. The list of claims shall be filed in the order of filing, in a book furnished for that purpose, with the board of county commissioners, and which record shall be open to the public. No certificate for drawing money under this act shall ever be granted until the board of county commissioners shall be satisfied, from the evidence of at least two respectable and reputable citizens, residents of said county, one of whom shall be a duly and regularly licensed practicing physician, that they know the applicant to be blind, or whose eyesight is so impaired as to come under the provisions of this act, and that he or she has the residential qualifications to entitle him or her to the relief asked for, which evidence will be in writing, subscribed by such witnesses, subject to the right of cross-examination by the board of county commissioners or other persons.


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

ê1949 Statutes of Nevada, Page 576 (Chapter 275, AB 7)ê

 

the right of cross-examination by the board of county commissioners or other persons. If the board of county commissioners is satisfied upon such testimony that the applicant is entitled to relief thereunder, they shall issue an order therefor directed to the state controller of the State of Nevada, who shall thereupon draw his warrant against the fund hereby created in the sum of [twenty ($20)] thirty ($30) dollars per month for each person for whom such order has been received, and he shall mail any such warrants to the persons designated at the address furnished by the board of county commissioners of the respective counties, and the state treasurer shall pay the same.

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

 

________

 

 

CHAPTER 276, AB 11

Assembly Bill No. 11–Mr. Cross. (By Request)

CHAPTER 276

AN ACT in relation to the state library, declaring the policy of the state, and repealing all acts and certain acts in conflict herewith.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  The state librarian shall be appointed by the governor for a term of four years concurrent with the term of the governor, and shall hold office until a qualified successor is duly appointed and performing the duties of the office.

      Sec. 2.  The state librarian shall have the following qualifications: (1) at least one year of training in a library school, and (2) at least two years of library experience in an administrative capacity, or (3) at least four years of experience as the head of a state library.

      Sec. 3.  The salary of the state librarian shall be three thousand eight hundred ($3,800) dollars per annum, payable in equal semimonthly installments, as other officers are paid.

      Sec. 4.  The state librarian shall give a bond to the State of Nevada for the faithful performance of his duties in the sum of five thousand ($5,000) dollars.

      Sec. 5.  The state librarian shall administer the state library, including the law and government library and the public and other departments in accordance with law and good library practice, and shall make such rules and regulations as may be necessary in order to carry out the provisions of this act and to assure the maximum usefulness of the library to the people.

      Sec. 6.  The state librarian shall appoint such qualified professional and nonprofessional employees as are provided for in the budget and as may be needed to carry on the work of the library, among whom there shall be at least one professionally trained librarian, whose duties shall include the performance under direction of the state librarian, of necessary library work for the legislature, its members and committees, and for other officers and agencies of the state government.


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

ê1949 Statutes of Nevada, Page 577 (Chapter 276, AB 11)ê

 

the state librarian, of necessary library work for the legislature, its members and committees, and for other officers and agencies of the state government. The state librarian shall have the power to dismiss personnel of the state library for cause.

      Sec. 7.  The state library shall be maintained by moneys appropriated out of the general fund by the legislature. Funds designated by law to be used by the state library shall be known as the state library fund, and shall not be diverted to any other than library use and shall not be transferred except to the general fund in the case of unexpended balances at the end of each biennium.

      Sec. 8.  The state librarian is authorized and empowered to receive, accept, and administer any money or moneys appropriated, granted or given to the state library or to the State of Nevada for public library purposes, except and apart from the state library fund, for providing and equalizing public library service in Nevada (1) by the federal government, and/or (2) by the State of Nevada, and/or (3) any other agencies, private or otherwise.

      Sec. 9.  All expenditures provided for in section 9 shall be budgeted in advance as other state library expenditures are budgeted and shall be approved by the governor before they are authorized.

      Sec. 10.  All books, maps, charts, films, pamphlets, and other library materials, with such exceptions as are specified in this section, now belonging to, or which may hereafter come into the possession of, the State of Nevada by purchase, gift, or otherwise, and all books, maps, charts, films, pamphlets, and other library materials, with such exceptions as are specified in this section, which, by any state officer, may be received in his official capacity from the federal government, or in exchange from other states and territories, or received from foreign nations, or donated to the state by any person or corporation, shall be processed and catalogued by the state librarian, and carefully preserved under the direction of the state librarian. Excepted from the provisions of this section shall be the library collection of the University of Nevada, the Nevada state historical society, and the books, maps, charts, pamphlets, and other publications which the law provides shall be kept, maintained, and preserved by some state officer, or such publications and material of the kind specified in this section, as are required for the routine operation of any office, department, or other state agency to be kept in such office, department, or other state agency.

      Sec. 11.  Books may be borrowed from the state library by the members of the state legislature during its session, and at any time by the governor and other officers of the executive department of this state who are required to keep their offices at the seat of government, the justices of the supreme court, and attorney general. Books may be lent to the public and to public libraries under such rules as the state librarian may prescribe.

      Sec. 12.  (1) The state librarian shall cause to be kept a record of all the books issued and returned at the time they shall be so issued and returned. All the books taken by the members of the legislature shall be returned at the close of the session.

      (2) The state librarian shall purchase books, magazines, newspapers, and other publications, bindings, supplies, equipment, and other items, services, and materials provided for by legislative appropriation; provided, that no warrant shall be drawn by the state controller for such purposes until the bill has been presented by the state librarian, and approved and allowed by the state board of examiners, and paid in the same manner as other claims against the state.


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

ê1949 Statutes of Nevada, Page 578 (Chapter 276, AB 11)ê

 

and other publications, bindings, supplies, equipment, and other items, services, and materials provided for by legislative appropriation; provided, that no warrant shall be drawn by the state controller for such purposes until the bill has been presented by the state librarian, and approved and allowed by the state board of examiners, and paid in the same manner as other claims against the state.

      (3) The state librarian shall purchase, secure, and retain in the state library a sufficient number of the “Nevada Compiled Laws 1929,” “Nevada Compiled Laws, Supplement 1931-1941,” and such other supplementary compilation as may be hereafter issued for the use of the members of the Nevada legislature when the legislature is in session.

      (4) The state librarian shall send on exchange account “Nevada Compiled Laws 1929,” “Nevada Compiled Laws, Supplement 1931-1941,” and such other supplementary compilations as may be hereafter issued to each of the state libraries of the United States of America. Each set is to be delivered in exchange for legal compilations of other states and shall be sent free of charge.

      Sec. 13.  The state librarian shall submit a biennial report to the governor.

      Sec. 14.  Before discarding any official documents of the federal, state, or local governments, or any material on Nevada state or local history, or any publications or materials of value for future reference, the state librarian shall invite the president of the University of Nevada, the secretary of the Nevada state historical society, and the president of the Nevada library association, each to appoint one person qualified to evaluate the publications or materials in question, to consult with the state librarian on the disposition of the publications or materials. The state librarian shall accept the recommendations of the majority of these consultants and shall carry out such recommendations, which may include discarding, microfilming, photostating, offering for sale, or as a gift to other libraries or institutions, or placing the publications or materials in some other library in the State of Nevada where they will be useful.

      Sec. 15.  All claims against the state library fund shall be audited and paid as other claims against the state are audited and paid, and upon the approval thereof by the state board of examiners the controller shall draw his warrants therefor and the treasurer shall pay the same.

      Sec. 16.  All acts and parts of acts in conflict herewith, and “An act in relation to the state library,” approved February 14, 1865, being sections 7085-7092, inclusive, Nevada Compiled Laws 1929, as amended in 1947 Statutes, page 264, and “An act prescribing office hours for state library, and defining the duties of lieutenant governor as ex officio state librarian,” approved March 1, 1883, being sections 7093-7098, inclusive, Nevada Compiled Laws 1929, and “An act to provide for the disposal and sale of duplicate copies of books in the state library,” approved March 9, 1889, being section 7099 Nevada Compiled Laws 1929, and “An act authorizing the employment of an engineer and a janitor for the state library building, fixing their compensation and the compensation of certain other attaches of the government of the State of Nevada,” approved March 26, 1907, being sections 7100-7102, inclusive, Nevada Compiled Laws 1929, and “An act to provide for extending the use of the state library,” approved March 24, 1917, being sections 7103-7107, inclusive, Nevada Compiled Laws 1929, be, and they are, and each of them hereby is repealed.


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

ê1949 Statutes of Nevada, Page 579 (Chapter 276, AB 11)ê

 

engineer and a janitor for the state library building, fixing their compensation and the compensation of certain other attaches of the government of the State of Nevada,” approved March 26, 1907, being sections 7100-7102, inclusive, Nevada Compiled Laws 1929, and “An act to provide for extending the use of the state library,” approved March 24, 1917, being sections 7103-7107, inclusive, Nevada Compiled Laws 1929, be, and they are, and each of them hereby is repealed.

 

________

 

 

CHAPTER 277, AB 129

Assembly Bill No. 129–Mr. Anderson.

CHAPTER 277

AN ACT to amend an act entitled “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.

 

[Approved March 29, 1949]

 

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 2 of chapter 217, 1947 Statutes of Nevada, is hereby amended to read as follows:

      Section 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 ($15,000)] ten thousand ($10,000) dollars for the period between the passage and approval of this act and June 30, 1951. [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. 2.  All acts and parts of acts, insofar as they may be inconsistent with the provisions of this act, are hereby repealed.

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

 

________

 

 


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

ê1949 Statutes of Nevada, Page 580ê

 

CHAPTER 278, AB 377

Assembly Bill No. 377–Committee on Ways and Means.

CHAPTER 278

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, superintendent of public instruction, and other state offices, and other matters relating thereto.

 

[Approved March 29, 1949]

 

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 eight hundred ($3,800) dollars per annum and one assistant deputy secretary of state whose salary is hereby fixed at three thousand ($3,000) dollars per annum, is hereby authorized to appoint one chief clerk at a salary of two thousand nine hundred fifty ($2,950) dollars per annum, one corporation and bond clerk at a salary of three thousand two hundred fifty ($3,250) dollars per annum, one photostat technician or operator at a salary of three thousand ($3,000) 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 five thousand ($5,000) dollars per annum, and one deputy attorney general at a salary of four thousand three hundred fifty ($4,350) dollars per annum, and to employ one chief clerk at a salary of two thousand nine hundred fifty ($2,950) dollars per annum, and 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 eight hundred ($3,800) dollars per annum, is hereby authorized to appoint one insurance examiner at a salary of three thousand four hundred ($3,400) dollars per annum, one chief clerk at a salary of two thousand nine hundred fifty ($2,950) dollars per annum, one deduction clerk at a salary of two thousand five hundred fifty ($2,550) dollars per annum, one bookkeeper at a salary of two thousand nine hundred fifty ($2,950) 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 eight hundred ($3,800) dollars per annum, is hereby authorized to appoint one chief clerk-stenographer at a salary of two thousand nine hundred fifty ($2,950) dollars per annum, and two clerks, whose compensation shall be paid as hereinafter directed.


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

ê1949 Statutes of Nevada, Page 581 (Chapter 278, AB 377)ê

 

      Sec. 5.  The state mine inspector, in addition to two deputy state mine inspectors whose salaries are hereby fixed at three thousand eight hundred ($3,800) dollars per annum each, is hereby authorized to employ one chief clerk at a salary of two thousand nine hundred fifty ($2,950) dollars per annum, or 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 eight hundred ($3,800) 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 his power to appoint an office deputy whose salary is hereby fixed at three thousand nine hundred ($3,900) dollars per annum, is hereby authorized to employ one certification clerk at a salary of two thousand nine hundred fifty ($2,950) dollars per annum, and one secretary at a salary of two thousand nine hundred fifty ($2,950) dollars per annum, who shall be paid from the distributive school fund, and two clerk-stenographers whose compensation shall be paid as hereinafter directed.

      Sec. 8.  The labor commissioner of the State of Nevada, in addition to one deputy whose salary is hereby fixed at three thousand ($3,000) dollars per annum, is hereby authorized to employ one chief clerk at a salary of two thousand nine hundred fifty ($2,950) dollars per annum, or one stenographer whose compensation shall be paid as hereinafter directed.

      Sec. 9.  The state bank examiner, known officially as superintendent of banks, shall receive a salary at the rate of six thousand ($6,000) dollars 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 three thousand eight hundred ($3,800) dollars per year. A chief clerk may be employed who shall receive a salary at the rate of two thousand nine hundred fifty ($2,950) dollars per year. He may also employ necessary stenographers and typists at the rate fixed by general law.

      Sec. 10.  The official reporter of the supreme court shall receive a salary at the rate of three thousand eight hundred ($3,800) dollars per year in full for his services as court reporter, reporter of decisions, and stenographic clerk.

      Sec. 11.  The secretary to the governor of Nevada shall receive an annual salary of four thousand five hundred ($4,500) dollars per annum, and the clerk in the governor’s office shall receive an annual salary of three thousand three hundred ($3,300) dollars.

      Sec. 12.  The secretary of the Nevada tax commission shall receive an annual salary of six thousand ($6,000) dollars per annum.

      Sec. 13.  The legislative counsel shall receive a salary of five thousand two hundred eighty ($5,280) dollars per annum.

      Sec. 14.  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.


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ê1949 Statutes of Nevada, Page 582 (Chapter 278, AB 377)ê

 

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. 15.  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 as follows, to wit: For the first year of employment, at the rate of two thousand one hundred ($2,100) dollars per annum, for the second year of employment at the rate of two thousand four hundred ($2,400) dollars per annum, and commencing with the third year of employment and thereafter at the rate of two thousand seven hundred ($2,700) 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. 16.  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. 17.  All salaries and compensation in this act provided shall be in full payment for all services rendered to the state.

      Sec. 18.  An act entitled “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 same being chapter 213, Statutes of Nevada 1947, and 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. 19.  An act entitled “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 same being chapter 218, Statutes of Nevada 1947, is hereby repealed.

      Sec. 20.  To provide salary increases and salaries for positions created by this act, there is hereby appropriated from the general fund for the biennium ending June 30, 1951, the sum of eighty-five thousand ($85,000) dollars, to be paid out on claims as other claims against the state are paid.

      Sec. 21.  This act shall be effective from and after July 1, 1949, and shall expire June 30, 1951.

 

________

 

 


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ê1949 Statutes of Nevada, Page 583ê

 

CHAPTER 279, AB 227

Assembly Bill No. 227–Mr. Claiborne.

CHAPTER 279

AN ACT to amend an act entitled “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 27, 1929.

 

[Approved March 29, 1949]

 

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 8449, 1929 N. C. L., 1941 Supp., as amended by chapter 228, 1945 Statutes of Nevada, is hereby amended to read as follows:

      Section 4.  Until the end of the existing term for which the respective judges of the district courts of the State of Nevada have been elected, the salaries of said judges shall remain as heretofore provided by law; thereafter 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 receive a salary of six thousand ($6,000) dollars per year [.], and the judges of the Eighth judicial district shall receive a salary of ten thousand dollars ($10,000) per year. All of said salaries shall be paid in 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 day 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. No salary of any judge shall be paid in advance.

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

 

________

 

 


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

ê1949 Statutes of Nevada, Page 584ê

 

CHAPTER 280, AB 331

Assembly Bill No. 331–Mr. Claiborne.

CHAPTER 280

AN ACT to repeal section 181 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 181 of the above-entitled act, being N. C. L. 1929, section 10128, is hereby repealed.

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

 

________

 

 

CHAPTER 281, AB 333

Assembly Bill No. 333–Committee on State Printing.

CHAPTER 281

AN ACT providing for the removal and destruction of the unbound volumes of the reports of the supreme court of the State of Nevada stored in the state printing office, providing for a record thereof, and other matters relating thereto.

 

[Approved March 29, 1949]

 

      Whereas, There have accumulated over the period of many years in the state printing office an untold number of unbound volumes of the reports of the supreme court of this state that were required to be stored therein by law; and

      Whereas, There has never been any demand or order for the binding of such reports from time almost immemorial in the history of the state printing office; and

      Whereas, The said unbound reports have become so numerous as to overflow the storage place thereof, requiring additional storage space in the future; therefore,

 

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

do enact as follows:

 

      Section 1.  The state printer is hereby, in his discretion and at such time or times he deems expedient, authorized and empowered to remove from the place or places where stored and destroy such number or portion of the unbound volumes of the reports of the supreme court of this state as deemed advisable by him.

      Sec. 2.  Upon the removal and destruction of such unbound volumes of the reports of the supreme court, the state printer shall make a record thereof in duplicate and file one copy thereof in the office of the secretary of state.

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

 

________

 

 


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ê1949 Statutes of Nevada, Page 585ê

 

CHAPTER 282, AB 294

Assembly Bill No. 294–Mr. Boak.

CHAPTER 282

AN ACT authorizing the board of state prison commissioners to enter into contracts for the incarceration of women criminals outside the state; defining the duties of the board of state prison commissioners and warden in connection therewith; and other matters relating thereto.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  The board of state prison commissioners may enter into contract with the authorities of any state of the United States having a women’s reformatory or prison for the confinement and detention of female convicts, such contract to provide for the reception, detention, care, maintenance and employment of all females convicted of felony in any of the courts of the State of Nevada and sentenced to a term of imprisonment therefor.

      Sec. 2.  From and after the making of said contract, all females convicted of felony in any of the courts of this state and sentenced to a term of imprisonment in the state prison, including those who may, at the date of entering into said contract, be confined therein, shall be conveyed, as is now provided by law, by the warden of the penitentiary or his assistants to the institution named in such contract. They shall be delivered to the authorities of said institution, there to be confined until their respective sentences shall have expired or until they shall be otherwise discharged by law.

      Sec. 3.  Should the presence of any such prisoner be required in any judicial proceeding of this state, the warden of the state penitentiary shall, upon being so directed by the board of state prison commissioners, or upon the order or direction, in writing, of any court of competent jurisdiction, or of a judge thereof, procure such prisoner and bring her to the place directed in such order, and hold her in custody subject to the further order and direction of the board, or of the court or of a judge thereof, until she shall be lawfully discharged from custody; or said warden may, by direction of the board or of said court, or a judge thereof, deliver such prisoner into the custody of the sheriff of the county where such conviction was had, or may, by like order, return such prisoner to the institution from which she was taken.

      Sec. 4.  Upon the expiration of any contract entered into under the authority of this chapter, all prisoners of this state confined in such institution shall be returned by the warden to the penitentiary of this state, or delivered to such other institution as said board of state prison commissioners shall have contracted with under the authority given by this chapter. The board shall make provision for the return to this state of such prisoners as shall desire to return, upon the expiration of their terms of imprisonment. The warden shall be allowed and paid all his necessary expenses and disbursements incurred while performing any duty enjoined upon him by this act.


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ê1949 Statutes of Nevada, Page 586 (Chapter 282, AB 294)ê

 

incurred while performing any duty enjoined upon him by this act.

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

 

________

 

 

CHAPTER 283, AB 334

Assembly Bill No. 334–Committee on State Printing.

CHAPTER 283

AN ACT to amend an act entitled “An act to provide for compiling, reporting, printing and distribution of the decisions of the supreme court of the State of Nevada and repealing certain acts in conflict therewith,” approved March 22, 1915, as amended.

 

[Approved March 29, 1949]

 

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 5219 N. C. L. 1929, as amended by chapter 195, Statutes of 1931, is hereby amended to read as follows:

      Section 8.  The superintendent of printing shall cause to be printed upon good paper and in workmanlike manner [700] 500 copies of each volume of decisions hereafter published, which shall be disposed of as follows: 500 copies shall be bound in buckram and shall be delivered to the secretary of state for the purpose hereinafter specified [; and 200 copies shall be stored unbound by the superintendent of state printing subject to the order of the secretary of state].

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

 

________

 

 

CHAPTER 284, AB 15

Assembly Bill No. 15–Mr. Fuetsch.

CHAPTER 284

AN ACT to amend an act entitled “An Act relating to inventories and intermediate and final accounting by trustees,” approved March 28, 1941.

 

[Approved March 29, 1949]

 

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 7718.02 Nevada Compiled Laws Supplement 1931-1941, is hereby amended to read as follows:

      Section 3.  Within thirty days after the expiration of the first year after the first qualifying testamentary trustee was under a duty to file his inventory, as prescribed in section 2, the testamentary trustee then in office shall file with the district court of the county where the will was admitted to probate an intermediate account under oath covering such year and showing:

      (a) The period which the account covers;


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

ê1949 Statutes of Nevada, Page 587 (Chapter 284, AB 15)ê

 

      (b) The names and addresses of the living beneficiaries known to the trustee, with a statement as to those known to be minors or under legally declared disability; and a description of any possible unborn or unascertained beneficiaries; and the name of the surety or sureties on the trustee’s bond with the amount of such bond;

      (c) In a separate schedule [the trust principal on hand at the beginning of the accounting period and the then status of its investment; the investments received from the settlor and still held;] additions to trust principal during the accounting period with the dates and sources of acquisition; investments collected, sold, or charged off during the accounting period [with the consequent loss or gain and whether credited to principal or income] ; investments made during the accounting period, with the date, source, and cost of each; deductions from principal during the accounting period, with the date and purpose of each; and the trust principal, invested or uninvested, on hand at the end of the accounting period, [how invested, and the estimated] reflecting the approximate market value [of each investment] thereof;

      (d) In a separate schedule the trust income on hand at the beginning of the accounting period, and in what form held; trust income received during the accounting period, when, and from what source; trust income paid out during the accounting period, when, to whom, and for what purpose; trust income on hand at the end of the accounting period, and how invested;

      (e) That neither any seller of, nor buyer from, the trustee of trust property during the accounting period was at the time of such sale or purchase (1) in the case of a corporate trustee an affiliate, or any officer, employee, or nominee of the trust or of an affiliate; or was (2) in the case of a noncorporate trustee a relative, partner, employer, employee, or business associate; but none of the provisions of this subsection shall apply to purchasers and sales made by brokers for the trustee or to stock exchanges;

      (f) A statement of unpaid claims with the reason for failure to pay them, including a statement as to whether any estate or inheritance taxes have become due with regard to the trust property, and if due, whether paid;

      (g) A brief summary of the account;

      (h) Such other facts as the court may by rule or court order require.

      Within thirty days after the end of each yearly period thereafter during the life of the trust, the testamentary trustee then in office shall file with the same court an intermediate account under oath showing corresponding facts regarding the current accounting period.

 

________

 

 


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

ê1949 Statutes of Nevada, Page 588ê

 

CHAPTER 285, AB 190

Assembly Bill No. 190–Committee on Judiciary.

CHAPTER 285

AN ACT to amend section 2 of an act entitled “An act relating to county hospitals in the various counties of this state, authorizing the governing heads thereof to extend privileges of hospitalization to residents of other counties, providing conditions under which such privileges may be extended, providing for compensation thereof to the hospital extending such privilege, defining the powers and duties of certain persons and offices in relation thereto, making such compensation collectible by legal action, and other matters properly connected therewith,” approved March 28, 1941.

 

[Approved March 29, 1949]

 

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 1929 N. C. L., 1941 Supp., section 2245.01, is hereby amended to read as follows:

      Section 2.  When the privileges and use of said hospital are extended to a resident of another county who is entitled under the laws of this state to relief, support, care, nursing, medicine, medical, or surgical aid from such other county, or to one who is injured, maimed, or falls sick in such other county, the governing head shall immediately notify the board of county commissioners of such county, and said notice shall be in writing, and addressed to the board of county commissioners of said county, and it shall be the duty of the board of county commissioners receiving such notice to cause such person to be immediately removed to their county, and to pay a reasonable sum to said hospital for the temporary occupancy, care, nursing, medicine, and attendance, other than medical or surgical attendance, furnished such person and if said board of county commissioners shall neglect or refuse to remove such person, or if in the opinion of the attending physician it is not advisable to remove such person, the governing head shall have a legal claim against said county for all occupancy, nursing, care, medicine, and attendance, other than medical or surgical attendance, necessarily furnished, and may recover the same in a suit at law.

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

 

________

 

 


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

ê1949 Statutes of Nevada, Page 589ê

 

CHAPTER 286, AB 341

Assembly Bill No. 341–Mr. Barr.

CHAPTER 286

AN ACT to authorize the state board of fish and game commissioners to enter into cooperative agreements for conservation, restoration and management of fish resources of the State of Nevada under any applicable act of Congress existing or to be enacted and designating the chairman of said board as the agent of the State of Nevada for that purpose.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  The state board of fish and game commissioners is authorized to enter into cooperative agreements with the federal government, or any agency thereof, for the conservation, restoration and management of fish resources of and in this state.

      Sec. 2.  The chairman of said board is designated as the agent of the State of Nevada to negotiate and execute any such contracts of cooperation now authorized or which may be authorized by Congressional enactment; provided, however, that the state’s proportion of the cost thereof shall not be greater than the rate provided in the Pittman-Robertson act (Pub. No. 415, 75th Congress, Ch. 899) accepted by chapter 92, Statutes of 1947.

      Sec. 3.  The State of Nevada undertakes to accept any act of Congress on the subject matter (and within the limitations aforesaid as to proportionate contribution and participation) that may be enacted not later than January 1, 1951.

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

 

________

 

 

CHAPTER 287, AB 102

Assembly Bill No. 102–Mr. Crawford.

CHAPTER 287

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 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 129 of chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:

      Section 129.  Upon the presentation of a petition signed by at least three-fifths (3/5) of the registered electors living in any elementary school district calling for a district high school, the board of county commissioners, upon the recommendation of the deputy superintendent of public instruction for the district in which said elementary school district is established, may establish a high school in said school district, provided that the petition shall show the following precedent conditions:

 


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

ê1949 Statutes of Nevada, Page 590 (Chapter 287, AB 102)ê

 

district is established, may establish a high school in said school district, provided that the petition shall show the following precedent conditions:

      1.  That there are at least ten (10) actual resident students of high school grade not over the age of twenty (20) years in said elementary school district who are in need of and are desirous of having high school instruction and who intend to attend such district high school if and when established.

      2.  That the proposed district high school is situated forty (40) miles or more from a county high school or branch county high school or other district high school, in the same or any other county; provided, that any district high school established prior to the passage and approval of this school code, although within the forty (40) mile limit from another high school, shall come within the purview of this school code and its establishment is hereby validated; provided further, that the board of county commissioners may, upon recommendation of the state board of education, authorize the establishment of a district high school within forty (40) miles of another district or county high school when the transportation of students is found not to be feasible to said other high school or the cost thereof is found to be excessive.

      Notwithstanding the foregoing provisions of subsection 2 hereof, a formerly established district high school that has failed to meet the statutory requirements for minimum attendance and has not functioned as a legally constituted district high school within seven years prior to the passage and approval of this act may be reestablished by the board of county commissioners of the county in which such district high school was located, upon presentation to said board of county commissioners of a petition signed by at least three-fifths (3/5) of the registered electors living in the elementary school district within which the former district high school was located; provided, that said petition shall show, to the satisfaction of the county commissioners, that there are at least ten (10) actual resident students of high school grade, not over twenty (20) years of age, in said school district who are in need of and desirous of having high school instruction and who intend to attend such district high school when reestablished.

      Whenever a district high school has fewer than five (5) actual resident students of high school grade in average daily attendance, the deputy superintendent of public instruction for that educational supervision district shall so certify to the board of county commissioners of the county wherein such district high school is located and said board of county commissioners shall abolish such district high school; provided, that when there are at least five (5) actual resident students of high school grade in said school district in school attendance at said district high school and there are at the time sufficient funds to the credit of such high school to maintain the school for the balance of that school year, the district high school may be continued for the then current school year but no longer, subject, however, to the provisions of section 129, of chapter 20, of this school code.


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

ê1949 Statutes of Nevada, Page 591 (Chapter 287, AB 102)ê

 

      All moneys remaining to the credit of any district high school which has been legally abolished by action of the board of county commissioners of the county in which the district high school is situated shall revert to the county aid to district high school fund of said county.

      All property, real and personal, of any abolished district high school shall remain the property of the elementary school district in which the district high school is located and shall be managed and controlled by the board of trustees of said elementary school district as provided in chapter 31 of this school code.

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

 

________

 

 

CHAPTER 288, AB 269

Assembly Bill No. 269–Mr. Folsom.

CHAPTER 288

AN ACT to amend an act entitled “An act to regulate traffic on the highways of this state, to provide punishment for violation thereof, and other matters properly connected therewith,” approved March 21, 1925, as amended.

 

[Approved March 29, 1949]

 

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 4350-4373 N. C. L. 1929, is amended to read as follows: An act to regulate traffic on the highways of this state, to provide punishment for violation thereof, to make exceptions in certain cases, and other matters properly connected therewith.

      Sec. 2.  The above-entitled act is amended by adding thereto, immediately after section 1, sections 1.5, 1.5a, and 1.5b, reading as follows:

      Section 1.5.  An authorized emergency vehicle is one of any type following, to wit:

      (a) A vehicle publicly owned and operated in the performance of his duty by a member of any police or fire department, any sheriff, constable, or deputy sheriff, or traffic law enforcement officer who is regularly employed by the state, or any city, or any county, in responding to emergency calls or in a traffic patrol duty.

      (b) A motorcycle, either publicly or privately owned, operated by a police or traffic law enforcement officer in enforcing the provisions of this code.

      (c) When used in responding to emergency calls, any privately owned ambulance, or a vehicle specially constructed and maintained for ambulance purposes, or when no ambulance is available, a private vehicle used in connection with lifesaving or other humane purposes, authorized by permit issued by the motor vehicle department of this state, which hereby is authorized to issue such permit, and any publicly owned ambulance.

      (d) Any vehicle publicly maintained in whole or in part by the state, or a city, or county, and privately owned and operated by a member of, and who receives salary from and is regularly employed by, an organized municipal police department, or by any sheriff, constable, or deputy sheriff or deputy constable.


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

ê1949 Statutes of Nevada, Page 592 (Chapter 288, AB 269)ê

 

member of, and who receives salary from and is regularly employed by, an organized municipal police department, or by any sheriff, constable, or deputy sheriff or deputy constable.

      Section 1.5a.  An authorized emergency vehicle may be operated on the following conditions and none other, to wit:

      (a) When classified as such by the motor vehicle department of this state, which department is hereby authorized to make classifications under this act and to designate vehicles so classified under rules promulgated by it.

      (b) When the vehicle is used for the purpose mentioned in the designation but limited to responding in emergency to calls for assistance in case of fire, traffic control and the pursuit of known or suspected violators of criminal laws.

      (c) When no publicly owned vehicle or an insufficient number of publicly owned vehicles is or are available for the uses mentioned in the foregoing subdivisions of this section.

      Section 1.5b.  The designation and classification of an authorized motor vehicle shall not protect the operator of such vehicle from prosecution under this act for the consequences of his own negligence or intentional injury to or damage to person or property or when he fails to sound a siren or display on his vehicle a warning red light and other plates, signs or marks of identification as an authorized emergency vehicle provided for by law or the regulations of the motor vehicle department. Such driver shall not be privileged under this act except in the actual response to an emergency call, which shall not include returning therefrom except for the purpose of responding to another immediate emergency call.

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

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

 

________

 

 

CHAPTER 289, AB 191

Assembly Bill No. 191–Committee on Judiciary.

CHAPTER 289

AN ACT to amend an act entitled “An act relating to the support of the poor,” approved November 29, 1861, as amended.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  The above-entitled act, as amended, is further amended by adding thereto section 4.5 to read as follows:

      Section 4.5.  The father, mother, children, brothers or sisters, of sufficient financial ability so to do, shall pay to the county which has extended county hospitalization to any person under the provisions of section 4 of this act, the amount granted to such person. The board of county commissioners shall cause appropriate legal action to be taken to enforce the collection of all or part of such amount.


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

ê1949 Statutes of Nevada, Page 593 (Chapter 289, AB 191)ê

 

to enforce the collection of all or part of such amount. In the event that suit be filed to enforce such collection, the court shall determine the question of the sufficiency of the financial ability of the person against whom such action is filed, but the board of county commissioners shall determine the responsible relative to be sued, and failure of an action against one such relative shall not preclude subsequent or concurrent actions against others.

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

 

________

 

 

CHAPTER 290, AB 113

Assembly Bill No. 113–Messrs. Primeaux and Chapman.

CHAPTER 290

AN ACT to amend an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, as amended.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 375 of the above-entitled act, being 1929 N. C. L. section 10325, is hereby amended to read as follows:

      Section 375.  Every person who shall feloniously steal, take and carry, lead, drive or entice away any horse, mare, gelding, colt, cow, bull, steer, calf, mule, jack, jenny, or any one or more head of cattle or horses or any sheep, goat, hog, shoat or pig, not his own property but belonging to some other person; and every person who shall mark or brand, or cause to be marked or branded, or shall alter or deface, or cause to be altered or defaced, a mark or brand upon any horse, mare, gelding, colt, cow, bull, steer, calf, mule, jack, jenny, or any one or more head of cattle or horses, or any sheep, goat, hog, shoat or pig, not his own property but belonging to some other person, with intent thereby to steal the same or to prevent the identification thereof by the true owner, or to defraud; and every person who, with intent to defraud, or to appropriate to his own use, shall willfully kill any animal running at large, not his own, whether branded, marked or not; and every person who shall sell or purchase, with intent to defraud, the hide or carcass of any animal the brand or mark on which has been cut out or obliterated, shall be deemed guilty of grand larceny, and upon conviction shall be punished by imprisonment in the state prison for any term not less than [one year] two years nor more than fourteen years [.] , provided, that for the second and each subsequent conviction under this section, such person shall be punished by imprisonment in the state prison for any term not less than five years nor more than fourteen years.

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

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

 

________

 

 


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

ê1949 Statutes of Nevada, Page 594ê

 

CHAPTER 291, AB 347

Assembly Bill No. 347–Washoe County Delegation.

CHAPTER 291

AN ACT to amend an act entitled “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 29, 1949]

 

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 chapter 211, Statutes of Nevada 1947, is hereby amended to read as follows:

      Section 4.  The county commissioners of any such county may levy a tax, not to exceed [two ($0.02) cents] five ($0.05) 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. 2.  Section 5 of the above-entitled act, being chapter 211, Statutes of Nevada 1947, is hereby amended to read as follows:

      Section 5.  All elective officers or employees [desiring to] shall avail themselves of the benefits of this act, and shall pay to said county, [three (3%) percent] five (5%) 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. 3.  Section 7 of the above-entitled act, being chapter 211, Statutes of Nevada 1947, is hereby amended to read as follows:

      Section 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.


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

ê1949 Statutes of Nevada, Page 595 (Chapter 291, AB 347)ê

 

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]

      Any person in the service or employ of such a county shall accept the benefits of this act and shall file with the county auditor within a period of one month from the time such person comes into the service or employ of such county the following declaration:

      I hereby expressly authorize the county auditor of ............... County to retain five (5%) percent 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. 4.  Section 9 of the above-entitled act, being chapter 211, Statutes of Nevada 1947, is hereby expressly repealed.

      Sec. 5.  Section 14 of the above-entitled act, being chapter 211, Statutes of Nevada 1947, is hereby amended to read as follows:

      Section 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] five (5%) percent.

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

 

________

 

 

CHAPTER 292, AB 121

Assembly Bill No. 121–Mr. Wells.

CHAPTER 292

AN ACT to amend an act entitled “An act creating coroner districts, making the justices of the peace ex officio coroners, prescribing their duties and compensation, and repealing all acts and parts of acts in conflict with the provisions of this act,” approved March 16, 1909.

 

[Approved March 29, 1949]

 

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 11426, 1929 N. C. L., is hereby amended to read as follows:


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

ê1949 Statutes of Nevada, Page 596 (Chapter 292, AB 121)ê

 

      Section 2.  All justices of the peace in this state are hereby made ex officio coroners; provided, said ex officio coroners may appoint a deputy or deputies, who shall have the power to transact [all] such official business appertaining to said officers [to the same extent as their principal] as their principals shall direct; provided further, said ex officio coroners shall be responsible for the compensation of said deputy or deputies, and shall be responsible on their official bonds for all official malfeasance or nonfeasance of the same. All appointments of deputies shall be made in writing, and shall, with the oath of office, be filed in the office of the recorder of the county within which the principal holds and exercises his office.

      Sec. 2.  Section 6 of the above-entitled act, being section 11430, 1929 N. C. L., is hereby amended to read as follows:

      Section 6.  The justice of the peace, acting as coroner, may issue subpenas for witnesses, returnable as he may direct, and served by himself or such person as he may direct. He must summon and examine as witnesses every person who, in his opinion or that of any of the jurors, has any knowledge of the facts, and he may summon a qualified surgeon or physician to inspect the body [.], or hold a postmortem examination thereon, or a chemist to make an analysis of the stomach or the tissues of the deceased and give a professional opinion as to the cause of the death. The coroner may adjourn the inquest from time to time as may be necessary.

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

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

 

________

 

 

CHAPTER 293, AB 123

Assembly Bill No. 123–Mr. Bacigalupi.

CHAPTER 293

AN ACT declaring the 31st day of October of each year, known as “Nevada Day,” a holiday, and repealing acts inconsistent herewith.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Notwithstanding any other provision of law, the thirty-first day of October of each year, known as “Nevada Day,” is hereby declared to be a holiday, and all public offices shall close on such day. If October thirty-first shall fall on a Sunday, the following day shall be a holiday.

      Sec. 2.  All acts and parts of acts inconsistent with the provisions hereof are hereby repealed.

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

 

________

 

 


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

ê1949 Statutes of Nevada, Page 597ê

 

CHAPTER 294, AB 144

Assembly Bill No. 144–Committee on Ways and Means.

CHAPTER 294

AN ACT providing that the offices of all state officers, departments, boards, commissions, and agencies shall maintain a forty-hour work week, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  The offices of all state officers, departments, boards, commissions, and agencies shall maintain not less than a forty (40) hour work week, and shall be open for the transaction of business at least from eight o’clock a. m. until twelve o’clock noon and from one o’clock p. m. until five o’clock p. m. every day of the year, with the exception of Saturdays, Sundays, and public holidays. Where conditions and size of staff permit, the offices of all state officers, departments, boards, commissions, and agencies shall remain open during the noon hour of each regular working day.

      Sec. 2.  Section 25 of an act entitled “An act defining the duties of state controller,” approved February 24, 1866, as amended, being section 7370 Nevada Compiled Laws, 1931-1941 Supplement, is hereby repealed.

      Sec. 3.  Section 3 of an act entitled “An act concerning the office of secretary of state,” approved February 14, 1865, as amended, being section 7410 Nevada Compiled Laws, 1931-1941 Supplement, is hereby repealed.

      Sec. 4.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

 

________

 

 

CHAPTER 295, AB 234

Assembly Bill No. 234–Committee on Social Welfare. (By Request)

CHAPTER 295

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 29, 1949]

 

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, 1951, there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of sixty-five thousand dollars ($65,000).


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

ê1949 Statutes of Nevada, Page 598 (Chapter 295, AB 234)ê

 

expenses of said department, as provided by law, for the biennium ending June 30, 1951, there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of sixty-five thousand dollars ($65,000). 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.

 

________

 

 

CHAPTER 296, AB 309

Assembly Bill No. 309–Messrs. Capurro and Wells.

CHAPTER 296

AN ACT to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada; to control, license, and regulate the 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 licenses to be issued, the fee for such licenses, and persons to pay the same; the manner of collection thereof, and prescribing the duties to be performed by state and county officials in connection therewith; the disposition and apportionment of the funds derived therefrom; and all other matters 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, and repealing section 2 of an act entitled “An act to provide revenue for the support of the government of the State of Nevada and to repeal all acts and parts of acts in conflict herewith,” approved March 22, 1915, as amended.

 

[Approved March 29, 1949]

 

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 8, chapter 192, 1947 Statutes of Nevada, is hereby amended to read as follows:

      Section 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¢)] three (3¢) cents per package; in packages containing over twenty (20) and not exceeding thirty (30) cigarettes, [three (3¢)] five (5¢) cents per package; in packages containing over thirty (30) and not exceeding forty (40) cigarettes, [four (4¢)] six (6¢) cents per package; in packages containing over forty (40) and not exceeding fifty (50) cigarettes, [five (5¢)] seven (7¢) cents per package; and [two (2¢)] three (3¢) cents additional for each twenty (20) cigarettes or fraction thereof contained in any package.


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

ê1949 Statutes of Nevada, Page 599 (Chapter 296, AB 309)ê

 

each twenty (20) cigarettes or fraction thereof contained in any package. From and after [July 1, 1947] July 1, 1949, 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. Each dealer shall affix to the package Nevada revenue stamps as required by this act; thereafter, none but licensed wholesalers may buy any stamps [.] ; provided, however, that the tax now imposed by law on the sale of cigarettes shall remain in full force and effect until July 1, 1949, the effective date of this act.

      Sec. 2.  Section 9 of the above-entitled act, being section 9, chapter 192, 1947 Statutes of Nevada, is hereby amended to read as follows:

      Section 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 section 6665, N. C. L. 1929.]

      Sec. 3.  Section 11 of the above-entitled act, being section 11, chapter 192, 1947 Statutes of Nevada, is hereby repealed.

      Sec. 4.  Section 12 of the above-entitled act, being section 12, chapter 192, 1947 Statutes of Nevada, is hereby amended to read as follows:

      Section 12.  The state tax commission and its agents is authorized and directed in the selling of any of the cigarette stamps to any wholesaler to allow such purchaser a discount of [ten (10%)] seven (7%) percent of said purchase price for services rendered by said wholesaler in affixing the cigarette revenue stamps to the cigarette packages.

      Sec. 5.  Section 14 of the above-entitled act, being section 14, chapter 192, 1947 Statutes of Nevada, is hereby amended to read as follows:

      Section 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, less any discount previously allowed on any such stamp tax so paid, upon 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-service men interned therein.

      No stamp tax shall be required respecting any cigarettes obtained from a wholesaler licensed under this act for sale at retail in cases where federal immunity from taxation exists, including among others the case to qualified customers or patrons of post exchanges, officers’ messes and federalized territory within the state for whose benefit such post exchanges, officers’ messes or enclaves shall have been set up.


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

ê1949 Statutes of Nevada, Page 600 (Chapter 296, AB 309)ê

 

Retailers shall not sell cigarettes to persons who are not beneficiaries of such immunity without making provision for paying the tax due thereon in the manner following.

      Retailers customarily selling some part of their stock of goods to civilians and others not beneficiaries of federal immunity shall purchase a supply of three-cent “Tax Due” stickers or stamps and on making such exceptional sales affix the proper stamps on the package when sold. Superfluous stamps may be returned to the tax commission from time to time for redemption at face value.

      Sec. 6.  Section 15 of the above-entitled act, being section 15, chapter 192, 1947 Statutes of Nevada, is hereby amended to read as follows:

      Section 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.] a. All taxes and licenses imposed by this act less any refunds granted as hereinabove provided shall be paid to the Nevada tax commission in the form of remittances payable to the Nevada tax commission. The commission shall transmit such payments to the state treasurer to be deposited in the state treasury to the credit of the cigarette tax fund. The commission shall report to the state controller the amount of collections hereunder, together with the percentage of sales made during such quarter in each county.

      b. The money in the cigarette tax fund is hereby appropriated as follows:

      (1) There is first appropriated from said fund eighty-seven and one-half (87 1/2%) percent thereof which shall be paid to the general fund of the state.

      (2) Twelve and one-half (12 1/2%) percent thereof shall be paid quarterly during each fiscal year to the counties of this state in the proportion that the total taxes collected from the sale of cigarettes of each county during such quarter bears to the total taxes collected from the sale of cigarettes in all counties in this state during such quarter, as certified by the Nevada tax commission.

      c. For the purposes of this section each wholesaler licensed hereunder shall report to the Nevada tax commission the total value of all cigarette stamps affixed by such wholesaler upon cigarette packages sold in or shipped into each county by such wholesaler during the preceding month. Such report shall be made by the fifteenth day of the month ensuing such shipments upon forms to be provided by the commission.

      Sec. 7.  Section 2 of that certain act entitled “An act to provide revenue for the support of the government of the State of Nevada and to repeal all acts and parts of acts in conflict herewith,” approved March 22, 1915, as amended, being section 6665, Nevada Compiled Laws, 1931-1941 Supplement, is hereby repealed.

      Sec. 8.  All acts and parts of acts in conflict with this act are hereby repealed.

 

________

 

 


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

ê1949 Statutes of Nevada, Page 601ê

 

CHAPTER 297, SB 169

Senate Bill No. 169–Committee on Banks and Banking.

CHAPTER 297

AN ACT relating to the collection, payment and dishonor of demand items by banks, and the revocation of credit for and payment of such items.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  In any case in which a bank receives, other than for immediate payment over the counter, a demand item payable by, at or through such bank and gives credit therefor before midnight of the day of receipt, the bank may have until midnight of its next business day after receipt within which to dishonor or refuse payment of such item. Any credit so given, together with all related entries on the books of the receiving bank, may be revoked by returning the item, or if the item is held for protest or is not in the possession of the bank, by giving written notice of dishonor, nonpayment, or revocation; provided, that such item or notice is dispatched in the mails or by other expeditious means not later than midnight of the bank’s next business day after the item was received. For the purpose of determining when notice of dishonor must be given or protest made under the law relative to negotiable instruments, an item duly presented credit for which is revoked as authorized by this act, shall be deemed dishonored on the day the item or notice is dispatched. A bank, revoking credit pursuant to the authority of this act, is entitled to refund of, or credit for, the amount of the item.

      SEC. 2.  For the purposes of this act: (a) an item received by a bank on a day other than its business day, or received on a business day after its regular business hours or during afternoon or evening periods when it has reopened or remained open for limited functions, shall be deemed to have been received at the opening of its next business day; (b) the term “credit” includes payment, remittance, advice of credit, or authorization to charge and, in cases where the item is received for deposit as well as for payment, also includes the making of appropriate entries to the receiving bank’s general ledger without regard to whether the item is posted to individual customers’ ledgers; and (c) each branch or office of a bank shall be deemed a separate bank.

      Sec. 3.  The effect of this act may be varied by agreement.

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

 

________

 

 


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

ê1949 Statutes of Nevada, Page 602ê

 

CHAPTER 298, SB 229

Senate Bill No. 229–Committee on Finance.

CHAPTER 298

AN ACT to repeal an act entitled “An act authorizing the participation in federal or other grants-in-aid for permanent construction at colleges or universities; defining the duties of the board of regents, state planning board, the governor, the state controller and the state treasurer in relation thereto; making an appropriation from the Nevada postwar reserve fund therefor; and other matters properly relating thereto,” approved March 27, 1947.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  That certain act of the legislature of the State of Nevada entitled “An act authorizing the participation in federal or other grants-in-aid for permanent construction at colleges or universities; defining the duties of the board of regents, state planning board, the governor, the state controller and the state treasurer in relation thereto; making an appropriation from the Nevada postwar reserve fund therefor; and other matters properly relating thereto,” approved March 27, 1927, being chapter 186, Statutes of Nevada 1947, is hereby repealed.

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

 

________

 

 

CHAPTER 299, SB 104

Senate Bill No. 104–Committee on Finance.

CHAPTER 299

AN ACT providing for a state budget, creating the position of director of the budget, making an appropriation, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  This act shall be known and cited as the “State Budget Act.”

      Sec. 2.  As used in this act, the word “director” means the director of the budget.

      Sec. 3.  There is hereby created in the office of the governor the position of director of the budget.

      Sec. 4.  The director of the budget shall be appointed by and responsible to the governor, and he shall hold office for a term of four years corresponding to the term of the governor, unless sooner removed for cause. He shall receive a salary of five thousand seven hundred dollars ($5,700) per annum, along with the per diem and travel expenses as fixed by law. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.


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

ê1949 Statutes of Nevada, Page 603 (Chapter 299, SB 104)ê

 

the duties of his office, and shall follow no other gainful employment or occupation.

      Sec. 5.  The director shall be selected with special reference to his training, experience, capacity, and interest in the activities embraced within this act. His knowledge and abilities should include the following:

      (1) A comprehensive knowledge of the principles and practices of public budgeting and governmental accounting, and a working knowledge of statistical methods.

      (2) An extensive knowledge of the organization and operations of state departments, agencies, and institutions, and of statutes and regulations governing state budgeting and accounting.

      (3) An extensive knowledge of principles of public organization and administration.

      (4) Administrative ability in the direction of staff analyses of state budgetary and other operations, and in the maintenance of effective working relationships with all state officials concerned with budget administration.

      (5) The ability to organize and present clearly oral and written reports of findings and recommendations.

      Sec. 6.  The director shall have four years of responsible experience, and education, in accounting, public budget administration, governmental research, or in a related position involving administrative or financial responsibility, or any equivalent combination of experience or training.

      Sec. 7.  The director shall have such technical and clerical assistance as, in the opinion of the governor, the execution of his duties requires. He shall be furnished with suitable office space, in or adjoining the offices of the governor, for the performance of the duties provided in this act.

      Sec. 8.  The powers and duties of the director of the budget shall be:

      (1) To appraise the quantity and quality of services rendered by each department and agency, and the needs for such services and for any new services.

      (2) To develop plans for improvements and economies in organization and operation of the department, and to install such plans as are approved by the respective heads of departments, or as are directed to be installed by the governor or the legislature.

      (3) To cooperate with the state planning board in developing comprehensive, long-range plans for capital improvements and the means for financing them.

      (4) To devise and prescribe the forms of operation reports to be required periodically from the several departments and agencies, and to require the several departments and agencies to make such reports.

      (5) To prepare the biennial budget report for the governor’s approval and submission to the legislature.

      (6) To prepare a state budget for each fiscal year of the ensuing biennium, which budget shall present a complete financial plan for each fiscal year of the ensuing biennium, which shall set forth all proposed expenditures for the administration, operation, and maintenance of the departments, institutions, and agencies of the state government, including those operating on funds designated for specific purposes by the constitution or otherwise; all interest and debt redemption charges during each fiscal year; and all expenditures for capital projects to be undertaken and executed during each fiscal year of the biennium.


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

ê1949 Statutes of Nevada, Page 604 (Chapter 299, SB 104)ê

 

each fiscal year of the ensuing biennium, which shall set forth all proposed expenditures for the administration, operation, and maintenance of the departments, institutions, and agencies of the state government, including those operating on funds designated for specific purposes by the constitution or otherwise; all interest and debt redemption charges during each fiscal year; and all expenditures for capital projects to be undertaken and executed during each fiscal year of the biennium. In addition thereto, the budget shall set forth the anticipated revenues of the state government, and any other additional means of financing the expenditures proposed for each fiscal year.

      (7) To recommend transfers between appropriations under the provisions of law, to become effective upon approval by the governor.

      (8) To examine and approve work programs and quarterly allotments to the several departments, and changes therein.

      (9) To examine and approve all statements and reports on the financial condition and estimated future financial condition, and the operations of the state government and the several budget units, before any such reports are released to the governor, to the legislature, or for publication; receive and deal with all requests for information as to financial conditions and operations of the state; prepare such statements of unit costs and other cost statistics as may be required from time to time, or requested by the governor or the legislature.

      (10) To do and perform such other and further duties relative to the development and submission of an adequate budget for the State of Nevada as the governor may require.

      Sec. 9.  In addition to the other duties imposed by law on the director, he shall be ex officio clerk of the board of examiners, and shall assist the board of examiners in the examination, classification, and preparation for audit of all the claims required to be presented to said board, and he shall conduct an effective check and pre-audit of all such claims before they are submitted to said board, and he shall prepare a statement in writing listing all claims checked and audited by him prior to the expiration of thirty days from said checking and auditing thereof, which said statement shall contain the number of each claim, name of claimant, nature and substance thereof, and the amount found due and owing thereon, and submit the same, together with each individual claim so listed in said statement, to the board. The general rules of procedure governing the aforesaid duties of the director shall be promulgated by the board of examiners, and shall be consistent with the provisions of this section; provided, the director may delegate the duties hereinabove set forth to his duly appointed and qualified deputy.

      Sec. 10.  The state budget for each fiscal year shall be set up in three parts, namely:

      (a) Part one (1) shall consist of a budget message by the governor which shall outline the financial policy of the state government for the ensuing biennium, describing in connection therewith the important features of the financial plan; it shall also embrace a general budget summary setting forth the aggregate figures of the budget in such manner as to show the balanced relations between the total proposed expenditures and the total anticipated revenues, together with the other means of financing the budget for each fiscal year of the ensuing biennium, contrasted with the corresponding figures for the last completed fiscal year and fiscal year in progress.


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

ê1949 Statutes of Nevada, Page 605 (Chapter 299, SB 104)ê

 

features of the financial plan; it shall also embrace a general budget summary setting forth the aggregate figures of the budget in such manner as to show the balanced relations between the total proposed expenditures and the total anticipated revenues, together with the other means of financing the budget for each fiscal year of the ensuing biennium, contrasted with the corresponding figures for the last completed fiscal year and fiscal year in progress. The general budget summary shall be supported by explanatory schedules or statements, classifying the expenditures contained therein by organization units, objects and funds, and the income by organization units, sources and funds.

      (b) Part two (2) shall embrace the detailed budget estimates both of expenditures and revenues as provided in this act; it shall also include statements of the bonded indebtedness of the state government, showing the debt redemption requirements, the debt authorized and unissued, and the condition of the sinking funds; in addition thereto, it shall contain any statements relative to the financial plan which the governor may deem desirable, or which may be required by the legislature.

      (c) Part three (3) shall include the general appropriation bill authorizing by departments, institutions, and agencies and by funds all expenditures of the state government for each fiscal year of the ensuing biennium, and may include complete drafts of such other bills as may be required to provide the income necessary to finance the budget and to give legal sanction to the financial plan if and when adopted by the legislature.

      Sec. 11.  On or before October first of the even-numbered years, all departments, institutions, and other agencies of the state government, and all agencies receiving state funds or fees or other moneys under the authority of the state, including those operating on funds designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the director of the budget, and submit to said director estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for each fiscal year of the biennium compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year. The expenditure estimates shall be classified to set forth the data of funds, organization units, character, and objects of expenditures; the organization units may be subclassified by functions and activities, or in any other manner at the discretion of the director. In the event any department, institution, or other agency of the state government, whether their funds be derived from state funds or from other moneys collected under the authority of the state, shall fail or neglect to submit estimates of their expenditure requirements as herein provided, the director shall have power and authority, from any data at hand in his said office or which, in his discretion, he may examine or obtain elsewhere, to make and enter an arbitrary budget for such department, institution, or agency in accordance with such data as he may have at hand or obtain as aforesaid.


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

ê1949 Statutes of Nevada, Page 606 (Chapter 299, SB 104)ê

 

      Sec. 12.  Not later than June first of each year the governor shall require the head of each department, institution, and agency of the state government to submit to him through the director a work program for the ensuing fiscal year; such program shall include all appropriations or other funds from any source whatsoever made available to said department, institution, or agency for its operation and maintenance and for the acquisition of property, and it shall show the requested allotments of said appropriations or other funds by quarters for the entire fiscal year. The governor, with the assistance of the director shall review the requested allotments with respect to the work program of each department, institution, or agency and the governor shall, if he deems it necessary, revise, alter, or change such allotments before approving the same. The aggregate of such allotments shall not exceed the total appropriations or other funds from any source whatsoever made available to said department, institution, or agency for the fiscal year in question. The director shall transmit a copy of the allotments as approved by the governor to the head of the department, institution, or agency concerned, the state treasurer, and to the state controller. All expenditures to be made from the appropriations or other funds from any source whatsoever shall be made on the basis of such allotments and not otherwise, and shall be broken down into such classifications as the director may require.

      Sec. 13.  The head of any department, institution, or agency of the state government, whenever he shall deem it necessary, by reason of changed conditions, may revise the work program of his department, institution, or agency at the beginning of any quarter during the fiscal year, and submit such revised program to the governor through the director with a request for revision of the allotments of the remaining quarters of that fiscal year; provided, however, that every such request for revision shall be submitted to the director at least fifteen (15) days prior to the commencement of the quarter when such revision, if approved, is to become effective, and within ten (10) days after such submission shall be transmitted by him with his recommendations in writing to the governor, who within five (5) days thereafter shall in writing approve or disapprove such request. The governor shall promptly transmit a copy of such approval or disapproval to the director, the state treasurer, the state controller, and to the head of the department, institution, or agency making the request.

      Sec. 14.  In order to provide some degree of flexibility to meet emergencies arising during each fiscal year in the expenditures for operation and maintenance of the various departments, institutions, and agencies of the state government, the director, with the approval in writing of the governor, may require the head of each department, institution, or agency, in making the original allotments, to set aside a reserve in such amount as the said director may determine, out of the total amount appropriated or out of other funds available from any source whatsoever to the department, institution, or agency. At any time during the fiscal year this reserve or any portion of it may be returned to the appropriation or other fund to which it belongs and may be added to any one or more of the allotments, provided the governor shall deem such action necessary and shall so certify in writing, delivering a copy of said certificate to the director, the state treasurer, and the state controller.


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

ê1949 Statutes of Nevada, Page 607 (Chapter 299, SB 104)ê

 

be returned to the appropriation or other fund to which it belongs and may be added to any one or more of the allotments, provided the governor shall deem such action necessary and shall so certify in writing, delivering a copy of said certificate to the director, the state treasurer, and the state controller. Any unexpended and unencumbered balances of allotments at the end of each quarter shall be credited to the reserve set up for the fiscal year.

      Sec. 15.  The director of the budget shall have authority to investigate duplication of work of departments, institutions, and agencies of the state government; to investigate and study the organization and administration of such departments, institutions, and agencies; to formulate plans for better and more effective management, and to prepare and report to the governor or the legislature when requested, any information, financial data, or statistics which he or it may require, such as monthly or quarterly estimates of the state’s income, and cost figures and information on the current operation of departments, institutions, or agencies.

      Sec. 16.  The director shall review the estimates, altering, revising, increasing, or decreasing the items of said estimates as he may deem necessary in view of the needs of the various departments, institutions, and agencies, and the total anticipated income of the state government of the various departments, institutions, and agencies thereof during the ensuing biennium. The director shall then prepare a budget, in accordance with this act, and shall deliver the same to the governor prior to the fifth (5th) day of the regular legislative session. The governor shall transmit such budget to the legislature not later than the tenth (10th) day of the regular legislative session. During the consideration of the general appropriation bill, the special appropriation bills, and the bills authorizing budgeted expenditures by the departments, institutions, and agencies operating on funds designated for special purposes by the constitution or otherwise, submitted by the governor with the budget, the governor, or his representative, shall have the right to appear before and be heard by the appropriation committees of the legislature in connection with said appropriation bill or bills, and to render any testimony, explanation, or assistance required of him.

      Sec. 17.  Neither house shall consider any other appropriation, except an emergency appropriation for the immediate expense of the state legislature, until ten days after the delivery of said budget to the presiding officer of each house. Every appropriation in addition to that provided for in the budget shall be embodied in a separate act and shall be limited to some single work, object, or purpose therein stated. No supplementary appropriation shall be valid if it exceeds the amount in the state treasury available for such appropriation, unless the legislature making such appropriation shall provide the necessary revenue to pay such appropriation by a tax, direct or indirect, to be laid and collected as shall be directed by the state legislature; provided, that such tax shall not exceed the rates permitted under the constitution of Nevada.


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

ê1949 Statutes of Nevada, Page 608 (Chapter 299, SB 104)ê

 

mitted under the constitution of Nevada. This provision shall not apply to appropriations to suppress insurrections, defend the state, or assist in defending the United States in time of war.

      Sec. 18.  It shall be the duty of the governor to submit to his successor in office a detailed record of all expenditures made in the preceding biennium by each of the departments of the state government supported by public funds, and to prepare and submit in the same manner a record of fund balances, the income to each fund in the state treasury, and the record of the sources of income to each fund in the state treasury from or during the preceding biennium, together with a statement of the bonded debt and of the obligations and assets of the state as of the close of the preceding biennium in such form as to permit of the entry of these items in the state budget.

      Sec. 19.  The director is hereby authorized to examine all public accounts, administer oaths, and to examine under oath, when he shall deem it necessary, any public official in relation to or concerning his books and accounts, and all such officers shall allow the director full access to and inspection of his books, or of the accounts therein contained, or any records or data pertaining to the conduct of his office, and shall install and maintain the system of accounting as provided for in this act, or any part thereof.

      Sec. 20.  The governor shall, at his discretion, have the power and authority to delegate to the director of the budget various functional duties of the governor’s office. The director may be authorized to represent the governor at board meetings, to sign various official papers and documents in the name of the governor, to give assistance to the governor in the performance of duties authorized by law and the constitution, and to generally aid the governor in supervising and improving the administrative organization of the government of Nevada.

      Sec. 21.  To carry out the provisions of this act there is hereby appropriated from the general fund for the biennium ending June 30, 1951, the sum of twenty thousand dollars ($20,000) to be paid out on claims as other claims against the state are paid.

      Sec. 22.  Section 3 1/2 of that certain act of the legislature of the State of Nevada 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, as amended, being section 7338 Nevada Compiled Laws 1929, is hereby repealed.

      Sec. 23.  That certain act of the legislature of the State of Nevada entitled “An act providing for a state budget,” approved March 8, 1921, and all acts amendatory thereof or supplementary thereto, are hereby repealed.

      Sec. 24.  Section 8 of that certain act of the legislature of the State of Nevada entitled “An act in relation to public revenues, creating the Nevada tax commission and the state board of equalization, defining their powers and duties, and matters relating thereto, and repealing all acts and parts of acts in conflict herewith,” approved March 23, 1917, as amended, being section 6549 Nevada Compiled Laws 1929, is hereby repealed.


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

ê1949 Statutes of Nevada, Page 609 (Chapter 299, SB 104)ê

 

23, 1917, as amended, being section 6549 Nevada Compiled Laws 1929, is hereby repealed.

      Sec. 25.  Any and all other acts or parts of acts, not hereinbefore specified, which are in conflict with any of the provisions of this act, are hereby repealed.

      Sec. 26.  This act shall be in full force and effect from and after July 1, 1949.

 

________

 

 

CHAPTER 300, SB 230

Senate Bill No. 230–Committee on Finance.

CHAPTER 300

AN ACT to revert to the postwar reserve fund certain moneys heretofore set aside therefrom for improvements and equipment at the University of Nevada.

 

[Approved March 29, 1949]

 

      Whereas, By chapter 220, Statutes of Nevada 1945, the sum of three hundred fifty thousand ($350,000) dollars was authorized to be paid out of the postwar reserve fund for a building program at the University of Nevada; and

      Whereas, By chapter 247, Statutes of Nevada 1947, authority was given to use the unexpended part of said three hundred fifty thousand ($350,000) dollar fund, being three hundred twenty-six thousand ($326,000) dollars, for the construction of a heating plant at the University of Nevada, drawing on the same only when and as needed; and

      Whereas, By said chapter 247, Statutes of Nevada 1947, the additional sum of three thousand five hundred ($3,500) dollars was authorized to be paid out of the postwar reserve fund for the preparation of plans and specifications for the building program authorized by chapter 220, Statutes of Nevada 1945; and

      Whereas, Chapter 220, Statutes of Nevada 1945, was repealed by and superseded by chapter 247, Statutes of Nevada 1947; and

      Whereas, It is deemed advisable in view of the failure to complete the projects for which the aforesaid allocations were made, to abandon the original method of financing and permit the making of new arrangements in lieu thereof; now, therefore,

 

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

do enact as follows:

 

      Section 1.  All moneys not expended from the total of funds appropriated from the postwar reserve fund by chapter 220, Statutes of Nevada 1945, and by chapter 247, Statutes of Nevada 1947 (superseding chapter 220, Statutes 1945), and including the additional allocation of thirty-five hundred ($3,500) dollars made by chapter 247, Statutes of Nevada 1947, or unexpended balance thereof, shall be and are hereby ordered reverted to the postwar reserve fund absolutely and unconditionally and free from all the provisions of said chapter 220, Statutes of Nevada 1945, and chapter 247, Statutes of Nevada 1947.


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

ê1949 Statutes of Nevada, Page 610 (Chapter 300, SB 230)ê

 

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

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

 

________

 

 

CHAPTER 301, SB 236

Senate Bill No. 236–Committee on Finance.

CHAPTER 301

AN ACT providing for the installation of a steam boiler in the engineering building at the University of Nevada, making adjustments in the central heating system at the university, providing for the completion of the heating and ventilating system in the new gymnasium and the Mackay science building, providing for emergencies, making an appropriation, and other matters relating thereto.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Provision is hereby made for the purchase and installation of a three or four pass steam boiler in the boiler room of the engineering building at the University of Nevada, the capacity of such boiler to be sufficient to carry the full load of heating said engineering building along with any future additions and to provide steam as desired by the school of mechanical engineering. The engineering building shall be separated from the present central heating system of the university, and said boiler shall be used to supply the engineering building with steam for heating purposes, and for classroom instruction in the school of mechanical engineering. The boiler shall be a fully automatic, oil-burning type, one hundred twenty-five pounds working pressure, complete with condensation return system, induced draft, gas vent, stack, oil tank, and lines.

      Sec. 2.  Provision is hereby made for (1) the return of the steam boiler, presently supplying heat to a portion of the central heating system of the university, to water; (2) the reconversion of the Mackay science building from steam to hot water heating; (3) the completion of the installation of the heating and ventilating system in the new gymnasium building, in order that full use of the present installation may be obtained; and (4) the completion of the ventilating systems in the engineering building and the Mackay science building.

      Sec. 3.  To carry out the provisions of this act there is hereby appropriated from the postwar reserve fund for the biennium ending June 30, 1951, the sum of fifty thousand dollars ($50,000) to be paid out on claims as other claims against the state are paid.

      Sec. 4.  Of said sum, twenty thousand dollars ($20,000) shall be used to carry out the purposes of section 1 of this act, and any unused portion of said twenty thousand dollars ($20,000) shall revert to the postwar reserve fund on the first Monday in January 1951.

      Sec. 5.  Of said sum, thirty thousand dollars ($30,000) shall be used to carry out the purposes of section 2 of this act, and after the directives of section 2 have been accomplished, the unused portion of said thirty thousand dollars ($30,000) shall be available to meet any emergency that may arise relative to the central heating system at the University of Nevada.


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

ê1949 Statutes of Nevada, Page 611 (Chapter 301, SB 236)ê

 

to carry out the purposes of section 2 of this act, and after the directives of section 2 have been accomplished, the unused portion of said thirty thousand dollars ($30,000) shall be available to meet any emergency that may arise relative to the central heating system at the University of Nevada. Any unused portion shall revert to the postwar reserve fund on the first Monday in January 1951.

      Sec. 6.  The board of regents of the University of Nevada is hereby charged with the duty of carrying out the provisions of this act.

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

      Sec. 8.  This act shall become effective immediately upon its passage and approval.

 

________

 

 

CHAPTER 302, SB 147

Senate Bill No. 147–Senator Nores.

CHAPTER 302

AN ACT to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891, as amended.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 16 of the above-entitled act, being section 6429 N. C. L. 1929, is hereby amended to read as follows:

      Section 16.  It shall be the duty of the assessor in each of the respective counties of the state, on or before the third Monday in July in each year, to prepare a printed list of all the taxpayers in the county and the total valuation of property on which they severally pay tax. A copy of said list shall be by the assessor delivered in person or mailed to each and every taxpayer in the county [; provided, that the cost of printing the aforesaid list shall not exceed twenty cents for each name for as many copies as there are names on the list]. The several boards of county commissioners in the state are authorized and empowered to allow the bill contracted with their approval by the assessor under this section and the several county auditors are authorized to draw their warrant in payment of the same.

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

 

________

 

 


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

ê1949 Statutes of Nevada, Page 612ê

 

CHAPTER 303, SB 43

Senate Bill No. 43–Senator Munk.

CHAPTER 303

AN ACT regulating the sale and distribution of commercial fertilizers in the State of Nevada; defining the products subject to this act; providing for labeling or tagging all containers of such products with guaranteed analysis, and other facts; providing for registration of all persons dealing in such fertilizers with the state department of agriculture, and for fees for registration, and for payment of a specified sum per ton; providing for the making of analysis and for furnishing and obtaining samples for analysis; procedure for settling contested or disputed analysis; making an appropriation; and providing penalties therefor.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  It shall be unlawful for any person, firm, or corporation to sell or offer for sale in the State of Nevada any commercial fertilizer without first complying with the provisions of this act.

      Sec. 2.  The term “commercial fertilizer” shall be held to include alunite, gypsum, lime phosphate in its natural form, and any other commercial fertilizer, imported, manufactured, prepared or sold for fertilizing, manurial, soil enriching or soil corrective purposes; providing, however, that this act shall not apply to any stocks of commercial fertilizers that may be in the hands of dealers in the State of Nevada at the time this act goes into effect, nor shall it apply to animal manure which has not been artificially treated, or to materials sold to manufacturers or importers.

      Sec. 3.  Every lot or parcel of mixed commercial fertilizer sold, offered, or exposed for sale, or distributed within this state or if stockpiled at the site of the stock pile, within the State of Nevada shall have on each bag or container, in a conspicuous place on the outside, a legible and plainly printed statement in the English language, clearly and truly certifying:

      (a) The net weight of the contents of the package, lot or parcel;

      (b) The name, brand, or trademark;

      (c) The name and principal address of the manufacturer or person responsible for placing the commodity on the market;

      (d) The minimum percentage and source of nitrogen in available form;

      (e) The minimum percentage and source of potash (K20), soluble in distilled water;

      (f) The minimum percentage and source of available phosphoric acid (P2O5), and also the total phosphoric acid content.

      The content of any other material from which a benefit is claimed shall be stated.

      Sec. 4.  All bags or containers of unmixed materials such as nitrate of soda, sulphate of ammonia, sulphates and muriates of potash, lime gypsum, allumite, and phosphate, or other fertilizer of soil correcting substances shall have stamped thereon a plain statement in the English language of the name of said material and the guaranteed percent of the element or elements contained which give such commodity its value as a fertilizer.


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

ê1949 Statutes of Nevada, Page 613 (Chapter 303, SB 43)ê

 

lish language of the name of said material and the guaranteed percent of the element or elements contained which give such commodity its value as a fertilizer.

      Sec. 5.  Before any commercial fertilizer is sold or offered for sale within the State of Nevada, the manufacturer or importer shall separately register with the state department of agriculture of the State of Nevada each and every brand of commercial fertilizer offered for sale, and shall pay annually to said state department of agriculture, on or before the thirty-first day of December, a license fee of twenty-five dollars; and shall also deposit with said state department of agriculture an airtight container the size to be determined by the state department of agriculture containing not less than two (2) pounds of such fertilizer, with an affidavit that it is a fair sample of the fertilizer sold, or offered for sale.

      Sec. 6.  In addition to the registration fee provided for in the preceding section, every person, firm, or corporation shall pay to the state department of agriculture of the State of Nevada a license fee of twenty (20) cents per ton on every ton of commercial fertilizer if sold in package lots and two (2) cents per ton if sold in carload lots sold within the State of Nevada; the state department of agriculture shall prepare suitable forms for reporting sales of such fertilizer, and on request shall furnish the same without cost to all persons dealing in registered brands of commercial fertilizers and the state department of agriculture shall promulgate rules and regulations for the payment and collection of such moneys.

      Sec. 7.  The state department of agriculture of the State of Nevada shall, at least once a year, direct a qualified chemist, or his agent, to obtain in open market at least one sample of each brand of commercial fertilizer offered for sale in this state, and to make proper analysis and tests to determine (1) the net weight of the contents of each package examined; (2) the percentage of nitrogen in available form; (3) the percentage of potash (K2O), soluble in distilled water, and (4) the percentage of available phosphoric acid (P2O5), and also the total phosphoric acid, (5) the percentage of calcium, (6) the percentage of calcium sulphate hydrate and to inspect labels on each parcel, container, or stock pile and determine whether or not they conform to the provisions of this act. It shall be the duty of each chemist, or such agent, to whom such direction is given, to obey and carry out such direction.

      Sec. 8.  All samples taken hereunder by the qualified chemist, or his agent, must be composites of equal portions taken from at least five original packages and stock pile lots in such manner as to be truly representative of the contents of the package and stock pile lots. Such samples shall be thoroughly mixed and immediately placed in containers which exclude air. Analysis of such samples shall be made in accordance with the methods of the association of official agriculture chemists.

      Sec. 9.  In case the analysis of samples made by the qualified chemist, or his agent, indicates deficiencies below guaranteed analysis in excess of one-half of one percent in the fertilizer examined, he shall immediately notify the manufacturer or seller of such fertilizer of the results of his analysis.


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

ê1949 Statutes of Nevada, Page 614 (Chapter 303, SB 43)ê

 

immediately notify the manufacturer or seller of such fertilizer of the results of his analysis. The manufacturer or seller of such fertilizer may, upon request, obtain from the chemist a portion of the samples in question. If he fails to agree with the analysis of the chemist, he may request an umpire who shall be one of the list of not less than three public chemists of recognized ability in fertilizer analysis, who shall be named by the chemist. Such umpire’s analysis shall be made at the expense of the manufacturer or seller requesting the same. In case the umpire shall agree more closely with the chemist, the figures of the latter shall be considered correct, and in case the umpire shall agree more closely with the figures of the manufacturer or seller, then the figures of the manufacturer or seller shall be considered correct.

      Sec. 10.  All moneys received by the state department of agriculture from the payment to it of moneys derived from the license fee shall be paid into the state treasury, and placed in a fund hereby created and to be known as the “Experimental Fertilizer Fund,” and such moneys are hereby perpetually appropriated for the purpose of carrying out the provisions of this act, and particularly for the purpose of purchasing samples of fertilizers for testing and analysis; for making or procuring analysis to be made; for printing such forms, licenses, and other records and supplies required for making this act effective, and for all other expenses properly incurred by or under the direction of said state department of agriculture, its agents and employees; provided, however, that no obligation shall be incurred under this act and the appropriation therein contained in excess of the amount available or in said “Experimental Fertilizer Fund.”

      Sec. 11.  The state department of agriculture of Nevada shall publish each year in its annual report a detailed statement of all registrations made of fertilizers and a detailed statement of the results of all analysis, including name of manufacturer, name of brand, the guaranteed and found analysis; of all moneys received by the department on account thereof, or from any other source and of all moneys expended by it or under its direction for supplies, samples purchased, tests and analysis made and all other purposes in connection with the provisions of this act. All accounts and records of such state department of agriculture shall be subject to inspection and audit as are other funds and accounts of the State of Nevada.

      Sec. 12.  Any corporation, copartnership, or person who shall sell, or offer for sale, any commercial fertilizer in this state without first having complied with the provisions of this act, or who shall attach or cause to be attached to any bag or sack or stock pile or other container of such fertilizer an analysis stating that it contains a larger percent of any one or more of the constituents or ingredients named in this act than it really does contain shall be guilty of a misdemeanor, and shall upon conviction thereof be fined not less than twenty-five dollars, nor more than three hundred dollars for each offense, and such offender shall also be liable to the purchaser of such fertilizer for all damages sustained by such purchaser on account of said misrepresentation; provided, however, that for any deficit less than five percent in weight, or in one or more of the constituents or ingredients of such fertilizer the manufacturer or seller shall not be liable to any penalty or for damages hereunder.


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

ê1949 Statutes of Nevada, Page 615 (Chapter 303, SB 43)ê

 

in one or more of the constituents or ingredients of such fertilizer the manufacturer or seller shall not be liable to any penalty or for damages hereunder.

 

________

 

 

CHAPTER 304, SB 114

Senate Bill No. 114–Committee on Judiciary.

CHAPTER 304

AN ACT to repeal an act entitled “An act providing for the vacating, amending, modifying, or correction of judgments, orders, or other judicial acts or proceedings in civil cases, upon notice thereof in certain instances,” approved March 27, 1947.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  The above-entitled act, being chapter 162, 1947 Statutes of Nevada, is hereby repealed.

 

________

 

 

CHAPTER 305, SB 171

Senate Bill No. 171–Committee on State and County Affairs.

CHAPTER 305

AN ACT concerning cooperative agreements between bodies politic in the state.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Any county, school district or city of this state may, through its governing body, enter into a cooperative agreement with any other such body politic for the joint use of hospitals, road construction and repair equipment, and such other facilities or services as may and can be reasonably used for the promotion and protection of the health and welfare of the inhabitants of this state.

      Sec. 2.  All agreements for cooperation between such bodies politic pursuant to the terms of this act shall be evidenced by written agreements made and entered into by the governing boards interested, and such agreements shall be spread in full upon the minutes of the meeting of each of such boards at the time of the adoption thereof.

      Sec. 3.  The governing boards of any of such bodies politic operating under the provisions of this act shall annually, at the time of making their respective budgets, include therein estimates of the expenses necessary to carry out the agreements entered into under the provisions of this act, and budget the same in all respects as other items are included in such respective budgets.

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

 

________

 

 


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

ê1949 Statutes of Nevada, Page 616ê

 

CHAPTER 306, SB 178

Senate Bill No. 178–Senator Loomis.

CHAPTER 306

AN ACT to protect the public health; to preserve from contamination the waters of the Lake Tahoe watershed, defining that watershed; to control the collection and disposal of sewage and other wastes; to protect domestic water supplies, their development, treatment and distribution; requiring a written permit from the state health department for any such construction; authorizing the state board of health to adopt, amend, promulgate and enforce reasonable rules and regulations governing sewage disposal and domestic water supplies in the Lake Tahoe watershed, and providing penalties for the violation of this act.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  It shall be unlawful for any person, firm, association, or corporation to construct a dwelling, building for human occupancy, or for commercial purposes; a system for the procurement or distribution of drinking water; or a system for the collection or disposal of sewage or other wastes in any of that portion of Nevada from which water drains into Lake Tahoe, hereinafter designated as the “Lake Tahoe Watershed,” without first having secured written permission from the division of public health engineering of the Nevada state department of health, hereinafter referred to as the state health department; provided, no such permit shall be required for that construction not requiring domestic water or a means of sewage disposal.

      Such permit shall be denied when the source of domestic water or the place of disposal of sewage or other wastes would create a health hazard.

      Sec. 2.  The direct discharge of sewage or other wastes into Lake Tahoe, or within one hundred feet of the established high water rim of Lake Tahoe, or within one hundred feet of a stream, reservoir, spring, well or other water supply in the Lake Tahoe watershed is prohibited; excepting in that instance where disposal of sewage or other waste by reason of property characteristics, topography, or other limitations cannot be provided other than within one hundred feet of Lake Tahoe, then the state health department shall issue the required permit subject to installation and operation of such sewage works as may be necessary to provide protection to the Lake Tahoe water and watershed.

      Sec. 3.  The state board of health is authorized to adopt, amend, promulgate, and enforce reasonable rules and regulations consistent with law governing the Lake Tahoe watershed area to carry out the purpose and intent of this act, and shall have the right and authority to enter on any property within the Lake Tahoe Watershed area, for the purpose of inspecting said premises to determine whether or not the same are in conformity with the provisions of this act.

      Sec. 4.  Nothing in this act shall be construed as authorizing or permitting by this act, rules or regulations, or the permit authorized thereunder, the discharge of sewage, other wastes, effluents, or other offensive material, into the waters of Lake Tahoe or the Lake Tahoe watershed.


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

ê1949 Statutes of Nevada, Page 617 (Chapter 306, SB 178)ê

 

thereunder, the discharge of sewage, other wastes, effluents, or other offensive material, into the waters of Lake Tahoe or the Lake Tahoe watershed.

      Sec. 5.  Any person, firm, association, or corporation violating any of the provisions of this act or of the rules and regulations hereby established shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not to exceed five hundred ($500) dollars, or by imprisonment for a period of not to exceed three (3) months, or by both such fine and imprisonment.

      Sec. 6.  All acts or parts of acts in conflict herewith are hereby repealed.

      Sec. 7.  This act shall be in full force and effect on and after the day of its adoption.

 

________

 

 

CHAPTER 307, SB 196

Senate Bill No. 196–Committee on Judiciary.

CHAPTER 307

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

 

[Approved March 29, 1949]

 

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, being section 3656.53, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:

      Section 54.  (1) No domestic company may acquire or hold real property except as follows:

      (a) Such as shall be requisite for the convenient accommodation of the transaction of its own business; the amount invested in such real property shall not exceed fifteen (15%) percent of the investing company’s admitted assets, but the commissioner may grant permission to the company to invest in real property for such purpose in such increased amount as he may deem proper on the showing made if, upon a hearing held before him, he shall find that the amount represented by such percentage of its admitted assets is insufficient to provide convenient accommodation for the company’s business;


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

ê1949 Statutes of Nevada, Page 618 (Chapter 307, SB 196)ê

 

      (b) Such as shall have been mortgaged to it in good faith by way of security for loans previously contracted or for moneys due;

      (c) Such as shall have been conveyed to it in satisfaction of debts previously contracted in course of its dealings;

      (d) Such as shall have been purchased at sales on judgments, decrees, or mortgages obtained or made for such debts; and

      (e) Such unencumbered real property as shall have been acquired in whole or in part in exchange for real property of approximately the same value theretofore legally acquired and held by it; provided, that the amount invested in any one parcel of property so acquired, other than property acquired for the purpose specified in clause (a), shall not exceed two (2%) percent of the investing company’s admitted assets.

      (2) All real property acquired for purposes or in the manner specified in clauses other than clause (a) of subsection (1) may be held for a period of three (3) years after the company shall have acquired title to the same and thereafter until the date specified in an order issued by the commissioner directing the company to dispose of the same. The date specified in such order shall be not less than six (6) months from the date of the service of the said order upon the company. No such order shall be issued without a hearing and a determination by the commissioner that the interests of the company will not suffer materially by the sale of the same within the period to be specified.

      (3) Any domestic company, in addition to other investments allowed by law, may invest its funds, to an aggregate amount not exceeding fifteen percent (15%) of its total admitted assets, in the purchase of real estate in any city of this state for the purpose of constructing and operating thereon buildings for business purposes, apartments, tenements, or other dwelling houses, in the manner hereinafter provided.

      The insurance company, prior to the acquisition of the real estate or within one year after its acquisition, or within such further period as may be permitted and prescribed in writing by the commissioner, shall present to the governing body of the city wherein the real estate is located an application for approval of a project for the improvement of the real estate which has been acquired, for the acquisition of real estate for such purposes and for the construction thereon of new housing or business facilities in accordance with proper standards of sanitation and safety, at the expense of the company.

      Any insurance company authorized to do business in this state is hereby authorized to hold, purchase and convey real estate; to present to the governing body of any city in this state an application for the approval of a project for the acquisition of a tract of real estate in the city, and for the construction upon the tract of new housing or business facilities in accordance with proper standards of sanitation and safety, at the expense of the applicant. The application shall set forth a statement of the project presented for approval, to which shall be annexed the following exhibits:

      a. A map showing the location of the tract and of the structures thereon, the acquisition of which is deemed by the applicant to be necessary to the project.


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

ê1949 Statutes of Nevada, Page 619 (Chapter 307, SB 196)ê

 

thereon, the acquisition of which is deemed by the applicant to be necessary to the project.

      b. A plan and specifications prepared by an architect or engineer showing the new housing or business facilities to be constructed upon the tract pursuant to the project.

      c. An estimate of the cost of the entire project prepared by an architect or engineer.

      d. An estimate of the rentals of the new housing or business facilities necessary to assure a return of five per centum upon the cost of the entire project after payment of all taxes, insurance, costs of operation and maintenance and an annual amount sufficient to amortize the entire cost of construction of the new housing or business facilities at the end of a period of twenty years from their completion.

      At any time prior to the final action of the governing body upon the application, the applicant may in its discretion amend or supplement the application in such manner as it desires to conform to the conditions the governing body may impose upon the granting of its approval.

      Upon filing the application the governing body shall examine it and any amendments and supplements thereto, and within three months of its filing, or of the last amendment or supplement thereto, by resolution, determine whether the project set forth in the application is in the public interest. If it determines that the undertaking and completion of the project is in the public interest it shall, by resolution, approve the application and authorize and empower the applicant to undertake and carry the project to completion in accordance with the provisions of this article.

      When the application has been approved by the governing body, the company may thereupon proceed to improve the real estate already acquired, and to acquire and improve any additional real estate which may be necessary for the completion of the project set forth in the application, and may proceed to construct new housing or business facilities in accordance therewith.

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

 

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

ê1949 Statutes of Nevada, Page 620ê

 

CHAPTER 308, SB 194

Senate Bill No. 194–Senator Lemaire.

CHAPTER 308

AN ACT relating to antifreeze; to provide that no antifreeze shall be sold, exposed for sale, or held with intent to sell within this state until inspected by the state sealer and found to comply with the provisions of this act; to provide inspection fees and distribution of the same; to provide that the state sealer shall be authorized to make rules and regulations; to prohibit certain matters in advertising; to define terms; to provide how this act may be cited; and to provide penalties.

 

[Approved March 29, 1949]

 

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 or subject matters otherwise requires: (1) “Antifreeze” shall include all substances and preparations intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines to prevent freezing of the cooling liquid or to lower its freezing point; and (2) “person” shall include individuals, partnerships, corporations, companies and associations.

      Sec. 2.  An antifreeze shall be deemed to be adulterated: (1) If it consists in whole or in part of any substance which will render it injurious to the cooling system of an internal combustion engine or will make the operations of the engine dangerous to the user; or (2) if its strength, quality, or purity falls below the standard of strength, quality or purity under which it is sold.

      Sec. 3.  An antifreeze shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; or (2) if in package form it does not bear a label containing the name and place of business of the manufacturer, packer, seller or distributor and an accurate statement of the quantity of the contents in terms of weight or measure on the outside of the package.

      Sec. 4.  Before any antifreeze shall be sold, exposed for sale, or held with intent to sell within this state, a sample thereof must be inspected annually by the state sealer. Upon application of the manufacturer, packer, seller or distributor and the payment of a fee of twenty dollars for each brand of antifreeze submitted, the state sealer shall inspect the antifreeze submitted. If the antifreeze is not adulterated or misbranded, if it meets the standards of the state sealer, and is not in violation of this act, the state sealer shall give the applicant a written permit authorizing the sale of such antifreeze in this state for the calendar year in which the inspection fee is paid. If the state sealer shall at a later date find that the product to be sold, exposed for sale or held with intent to sell has been materially altered or adulterated, a change has been made in the name, brand or trade-mark under which the antifreeze is sold, or it violates the provisions of this act, the state sealer shall notify the applicant and the permit shall be canceled forthwith.

      Sec. 5.  The state sealer shall enforce the provisions of this act by inspections, chemical analyses, or any other appropriate methods.


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

ê1949 Statutes of Nevada, Page 621 (Chapter 308, SB 194)ê

 

inspections, chemical analyses, or any other appropriate methods. All samples for inspection or analysis shall be taken from stocks in the state or intended for sale in the state or the state sealer through its agents may call upon the manufacturer or distributor applying for an inspection of an antifreeze to supply such samples thereof for analysis. The state sealer, through its agents, shall have free access by legal means during business hours to all places of business, buildings, vehicles, cars, and vessels used in the manufacture, transportation, sale, or storage of any antifreeze, and it may open by legal means any box, carton, parcel, or package, containing or supposed to contain any antifreeze and may take therefrom samples for analysis.

      Sec. 6.  The state sealer shall have the authority to promulgate such rules and regulations as are necessary to promptly and effectively enforce the provisions of this act.

      Sec. 7.  The state sealer may furnish upon request a list of the brands and trade-marks of antifreeze inspected by the department during the calendar year which have been found to be in accord with this act.

      Sec. 8.  No advertising literature relating to any antifreeze sold or to be sold in this state shall contain any statement that the antifreeze advertised for sale has been approved by the state sealer; but if any antifreeze has been inspected by the state sealer and found to meet the standards of the state sealer and not to be in violation of this act such statement may be contained in any advertising literature where such brand or trade-mark of antifreeze is being advertised for sale.

      Sec. 9.  Whenever the state sealer shall discover any antifreeze is being sold or has been sold in violation of this act, the facts shall be furnished to the attorney general who shall institute proper proceedings.

      Sec. 10.  All fees provided for in this act shall be collected by the state sealer and remitted to the state treasury.

      Sec. 11.  If any person, partnership, corporation or association shall violate the provisions of this act, such person, partnership, corporation or association shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not less than fifty dollars and not exceeding five hundred dollars for each offense.

      Sec. 12.  This act may be cited as the “Nevada Antifreeze Act.”

 

________

 

 


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

ê1949 Statutes of Nevada, Page 622ê

 

CHAPTER 309, SB 161

Senate Bill No. 161–Senator Johnson.

CHAPTER 309

AN ACT to amend an act entitled “An act to incorporate Carson City,” approved February 25th, 1875, together with the acts amendatory thereof or supplemental thereto, by repealing certain sections thereof and adding certain new sections thereto, and repealing all acts and parts of acts in conflict herewith.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 10b of the above-entitled act, as amended by chapter 104, 1941 Statutes of Nevada, page 152, is hereby repealed.

      Sec. 2.  In lieu of section 10b hereby repealed the above-entitled act is amended by adding the following sections, separately numbered as sections, as follows:

      Section 10b.  (1) The board of trustees, among other things, shall have power: To lay out, extend, change the grade, open, name and change the name, vacate, and alter the highways, streets, and alleys within the city; to require and provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing and resurfacing, and widening any highway, street, or alley, or to in any way whatsoever improve the same; to provide for the construction, improvement, maintenance, vacation, and preservation of the city parks, swimming pools, zoos and tennis courts and all public places, and the construction, repair, maintenance, vacation, and preservation of sidewalks, crossings, bridges, drains, curbs, gutters, storm sewers, and sewers; to provide for the regulation, prevention, and removal of obstructions from the streets and sidewalks of the city; and to regulate and prohibit the placing of signs, awnings, posts, show windows, and other things upon and over the sidewalks or streets, and to regulate and prohibit the construction and use of openings in the streets and sidewalks, and all vaults, structures, and excavations in and under the same, and to prevent, prohibit and remove all obstructions and nuisances upon the sidewalks, streets and alleys within the city limits; to provide for the maintenance, repair, alteration, improvement, and preservation of any other city property not herein mentioned; and to make any other local improvement or public improvement of any nature.

      Section 10b.  (2) Such part of the expense, or the entire expense of constructing, reconstructing, maintaining, repairing, widening, or improving any street, lane, highway, avenue, or alley by grading, paving, graveling, oiling, or macadamizing the same or by construction, reconstruction, maintaining or repairing sidewalks, curbs or gutters along the same, by constructing drains or by otherwise improving the same, or such part of the expense, or the entire expense, of constructing, reconstructing, maintaining, repairing or improving sewers, or such part of the expense, or the entire expense, of doing or performing any of the improvements herein authorized as a board of trustees shall determine, may be defrayed by a general assessment upon all taxable property within the city limits, or by special assessments upon lots and premises fronting upon that part of the street, lane, highway, avenue, or alley, or sewer, so improved or proposed so to be, or the lands fronting upon such improvement and such other land as in the opinion of the board of trustees may be benefited by the improvement.


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

ê1949 Statutes of Nevada, Page 623 (Chapter 309, SB 161)ê

 

shall determine, may be defrayed by a general assessment upon all taxable property within the city limits, or by special assessments upon lots and premises fronting upon that part of the street, lane, highway, avenue, or alley, or sewer, so improved or proposed so to be, or the lands fronting upon such improvement and such other land as in the opinion of the board of trustees may be benefited by the improvement. The cost of securing rights-of-way or the land necessary for the construction or widening of any street, alley, sidewalk, curb, gutter, drain, sewer, or necessary for any other improvement, may likewise be defrayed by a general assessment upon all taxable property within the city limits, or by special assessment; provided, however, that any of the improvements or purposes for which the board of trustees may form a special assessment district may be paid for in whole, or in part, from any other fund or funds of the city as well as from such special assessment district funds.

      Section 10b.  (3) The board of trustees may, by ordinance, cause bonds to be issued for the purpose of paying the cost of any authorized improvements for which general or special assessments are levied, said bonds to be called (insert words identifying the improvement) “Improvement District Bonds” to be payable in annual periods of not more than twelve (12) years from date of issuance, and to bear interest payable annually or semiannually not exceeding the rate of seven (7%) percent per annum, and said bonds shall not be sold for less than their par value. Such bonds shall be issued for the purpose of paying the cost of the improvement including all engineering and all other preliminary costs. In the event the full amount of the cost of the improvement chargeable to any blocks, lots, or parcels of land, including the improvements thereon, charged to any district by special assessment, is paid by the owners within fifty (50) days from the date of the levying of the assessment, or prior to the date of the issuance of said bonds, said blocks, lots, or parcels of land shall be exempt from any lien or charge by reason of the issuance of said bonds.

      Section 10b.  (4) Said bonds shall be issued only when the board of trustees by ordinance has authorized and levied a general or special assessment to pay for said improvements, and then only for the amount of said assessment remaining unpaid by the owners of the blocks, lots or parcels of land fifty (50) days after the levy of the special assessment, or as of the date of the issuance of said bonds if said bonds are to be paid by a special assessment.

      Section 10b.  (5) When the board of trustees shall have determined to make any of the public improvements hereinabove authorized, it shall, in the ordinance declaring such determination, also declare whether or not bonds shall be issued to pay for the cost of such improvement, and in case it is determined and decided to issue bonds, as herein provided, it shall further declare and determine whether such bonds are to be the general obligation of the city and to be paid and redeemed by an assessment levied upon all of the taxable property within the corporate limits of the city, or to be paid by a special assessment levied upon the blocks, lots, and parcels of land within a special district benefited by said improvements.


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

ê1949 Statutes of Nevada, Page 624 (Chapter 309, SB 161)ê

 

district benefited by said improvements. If said bonds are to be the general obligation of the city then annually thereafter a tax shall be levied upon all of the taxable property in the city in the same manner as all other taxes are levied sufficient to redeem said bonds together with accruing interest as said bonds severally become due. If said bonds are to be paid by a special assessment against the real property and improvements benefited in the special districts then the assessment shall be made and levied as herein provided, and if said assessments are not all paid by the owners of the property against which they are levied, at the end of fifty (50) days from the time they became a lien, the said board of trustees may, within a reasonable time thereafter, pass an ordinance directing the issuance of bonds as herein authorized and provided, fixing their form, declaring the amount remaining unpaid, denominations and interest, the lots or parcels of land against which the said assessments remaining unpaid in whole or in part are a lien, and the names of the owners thereof where known, with the amounts due thereon, and directing that the said unpaid assessments or portions thereof shall thereafter be paid in the manner and at the time to be decided by the board of trustees and set forth in the ordinance directing the issuance of the bonds. Each of the said installments shall bear interest from the end of the said fifty (50) days until due at the same rate of interest as that provided for in the bonds, payable annually or semiannually, which rate shall be fixed by the ordinance but which in no event shall exceed seven (7%) percent per annum. Such installments and the interest thereon shall be and remain a lien on the said lots and parcels of lands until paid, and shall be collected in the same manner as other delinquent general or special assessments; provided, that the board of trustees may in the ordinance directing the issuance of the bonds provide that the unpaid assessments or portions thereof as herein contained shall be placed on the state and county tax roll and collected in the same manner and at the same time as other state and county general taxes are collected, and the several officers of Ormsby county are hereby authorized and directed to provide for and collect the said unpaid assessments or portions thereof as herein contained in all cases where the same are directed to be paid and collected in this manner by the board of trustees.

      Section 10b.  (6) Said installments and interest, when collected, shall constitute a sinking fund for the payment of said bonds and interest thereon, and said fund shall not be used for any other purpose.

      Section 10b.  (7) The said bonds shall be signed by the mayor and by the clerk and countersigned by the city assessor.

      Section 10b.  (8) The issuance of the bonds herein provided for shall be conclusive evidence of the regularity of all proceedings up to and including the issuance of the bonds.

      Section 10b.  (9) In the event that the fund created by special assessment, if said bonds are to be paid by special assessment, shall be insufficient to pay the interest on said bonds and to pay and redeem said bonds as they become due, the deficiency shall be paid by the city out of the general fund, and each of the bonds issued shall contain a provision to such effect.


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

ê1949 Statutes of Nevada, Page 625 (Chapter 309, SB 161)ê

 

out of the general fund, and each of the bonds issued shall contain a provision to such effect.

      Section 10b.  (10) When expenses for such improvements shall be assessed, and there shall be lands belonging to the city, school buildings, or other public buildings, or public grounds not taxable, fronting on such improvements, such part of the expense of such improvement as in the opinion of the board of trustees or assessor making such special assessment would be justly apportionable to such public grounds, buildings, and city property, and to any interior squares, or spaces formed by the intersection of streets where they are taxable, shall be paid from the general fund or other proper fund, or part from each, as the board of trustees shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises fronting upon such improvement or improved streets, or sewers, in proportion to their number of feet frontage; or if the special assessment shall include other lands not fronting upon the improvement, then upon all land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement. When such assessment is to be made upon lots in proportion to their frontage upon the improvement, if from the shape and size of any lot the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the board of trustees, or assessor making the assessments, may assess such lots or such number of feet frontage as in their opinion would be just. The cost and expense of the following improvements, including the necessary land therefor, viz, for city hall and other public buildings for the use of the city officers, engine houses, and structures for the fire department, waterworks, city prison, levees and embankments shall be paid from the proper fund of the city; except that, as hereinbefore mentioned, in case of land appropriated for streets, alleys, sidewalks, curbs, gutters, sewers, drains, and rights-of-way, the cost thereof may be paid in whole or in part from the avails of special assessment to be levied therefor in the manner herein prescribed.

      Section 10b.  (11) Whenever, in the opinion of the board of trustees, the benefits thereof are special rather than general or public, when by the provisions of this act the cost and expense of any local improvements may be defrayed in whole or in part by special assessment upon the lands fronting and adjacent to or otherwise benefited by such improvement, such assessment may be made in the manner herein specified. When the board of trustees shall determine to make any public improvement for which a special assessment is proper, as herein provided, and defray the whole or any part of the cost and expense thereof by special assessments, they shall so declare by ordinance, stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part or portion of the expense thereof will be paid from other funds, and whether the assessment is to be made according to benefits or frontage, and in case the assessment is to be made according to benefits they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement, and state that the assessment is to be made upon all the lands benefited thereby according to benefit, but in case the assessment is to be made upon the property according to the frontage, it shall be sufficient in said ordinances to so state with a definite location of the improvements to be made.


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

ê1949 Statutes of Nevada, Page 626 (Chapter 309, SB 161)ê

 

the assessment is to be made according to benefits they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement, and state that the assessment is to be made upon all the lands benefited thereby according to benefit, but in case the assessment is to be made upon the property according to the frontage, it shall be sufficient in said ordinances to so state with a definite location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to so designate the property, district, or the location that the various parts to be assessed can be ascertained and described by the city assessor.

      Section 10b.  (12) Before ordering any public improvement or repairs, any part of the expense of which is to be defrayed by special assessment, the board of trustees shall cause estimates of the expense thereof to be made by the city engineer, and also plats, maps, and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the city clerk for public examination, and they shall give notice thereof and of the proposed improvement or work and of the location of the improvement and of the district to be assessed, by publication for two weeks at least in one of the newspapers of the city and by posting three notices near the site of the proposed work in some public and conspicuous place, and such notice shall sate the time when the board of trustees will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements.

      Section 10b.  (13) Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the concurrence of a majority of all members elected to the board of trustees. The cost and expenses of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, making the assessments, together with newspaper publications and cost of construction, and all incidental costs. In no case shall the whole amount be levied by special assessment upon any lots or premises where any one improvement exceeds the value of such lands and improvements as last before valued and assessed for state and county taxation in the county tax roll. Any cost exceeding that percent which would otherwise be chargeable upon said lots or premises shall be paid from the general funds, or any proper fund, of the city. The board of trustees shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvements contemplated herein shall be made or awarded nor shall the board of trustees incur any expense or liability in relation thereto, except for surveys, maps, and such other preliminary acts as may be required to arrive at a preliminary estimate of the cost of the improvements, until after the notice and hearing provided for herein shall have been given or had, and until such time as the full amount of money necessary for the payment of the cost of such improvement has been set aside in a proper fund for that specific purpose.


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ê1949 Statutes of Nevada, Page 627 (Chapter 309, SB 161)ê

 

of money necessary for the payment of the cost of such improvement has been set aside in a proper fund for that specific purpose. But nothing herein contained shall be construed as preventing the board of trustees from advertising for proposals for doing work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated.

      Section 10b.  (14) When any special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to frontage or benefits, the board of trustees shall, by ordinance, direct the same to be made by the city assessor, and shall state therein the amount to be assessed and whether according to the frontage or benefits, and describe or designate the lots and premises, or the locality constituting the district to be assessed. In fixing the amount or sum of money that may be required to pay the costs of any improvement, the board of trustees need not necessarily be governed by the estimates of such improvement provided herein, but the board of trustees may decide upon such other sum, within the limitations described, as may be deemed necessary to cover the cost of such improvement.

      Section 10b.  (15) Upon receiving such order and directions the city assessor shall make out an assessment roll, entering and describing all lots, premises, and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon and against such persons the amount to be assessed in the manner directed by the board of trustees and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor he shall, in lieu of the name of the owner, insert the name “Unknown”; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or the name of a person other than the owner, such assessment shall not for any cause be vitiated, but shall in all respects be as valid upon and against such lot, parcel of land, or premises as though assessed in the name of the proper owner, and when the assessment roll shall have been confirmed and recorded, shall be a lien on such lot, parcel of land, improvements, or premises, and shall be collected as in other cases.

      Section 10b.  (16) If the assessment is required to be according to the frontage, the city assessor shall assess each lot or parcel of land and improvements, or such relative portion of the whole amount to be levied as the length of front of such premises fronting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape and size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the city assessor. If the assessment is directed to be according to benefits, the city assessor shall assess upon each lot such relative portions of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement.


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ê1949 Statutes of Nevada, Page 628 (Chapter 309, SB 161)ê

 

      Section 10b.  (17) When the assessor shall have completed the assessment he shall report the same to the board of trustees. Such reports shall be signed by him and made in the form of a certificate, and endorsed on the assessment roll as follows:

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

      Dated: Carson City, Nevada, .......... A.D., 19........

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

      Section 10b.  (18) When any expense shall be incurred by the city upon or in respect to any separate or single lot, parcel of land, or premises which expense, by the provisions of this act, the board of trustees is authorized to charge and collect as a special assessment against said lot or parcel of land, and which assessment is not of that class of special assessments required to be made pro rata upon several lots or parcels of land, an account of the labor or service for which such expense was incurred, verified by the officer or person performing the services or causing the same to be done, with the description of the lot or premises upon or in respect to which the expense was incurred, and the name of the owner or person, if known, chargeable therewith, shall be reported to the board of trustees. And the provisions of the previous subdivisions, with reference to special assessments generally and the proceedings necessary to be had before making the improvement, shall not apply to the assessments to cover the expense incurred, in respect to that class of improvements contemplated in this subdivision. When such an account is reported to the board of trustees the board of trustees shall determine what amount or part of every such expense, if any, shall be charged as a special assessment and the person, if known, against whom the premises upon which the same shall be levied as a special assessment; and so often as the board of trustees shall deem it expedient they shall require all of the several accounts so reported and determined and the several lots or premises and the persons chargeable therewith, respectively, to be reported by the city clerk to the city assessor for assessment.

      Section 10b.  (19) Upon receiving the report mentioned in section 10b (17) or section 10b (18) the city assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him and against the person chargeable therewith, if known, the whole amount or amounts of all the charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the board of trustees.


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

ê1949 Statutes of Nevada, Page 629 (Chapter 309, SB 161)ê

 

directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the board of trustees.

      Section 10b.  (20) When any special assessment shall be reported by the city assessor to the board of trustees as in section 10b (19) directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the board of trustees shall cause a notice to be published for two issues one week apart in some newspaper published in the city, of filing of the same with the city clerk, and appointing a time when the board of trustees and assessor will meet to review the assessments. Any person objecting to the assessment may file his objections thereto in writing with the city clerk at any time prior to the date of said meeting.

      Section 10b.  (21) The notice provided in section 10b (20) may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:

 

NOTICE OF SPECIAL ASSESSMENT

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

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

                                                                                ....................................................  City Clerk.

      Section 10b.  (22) At the time appointed for the purpose aforesaid the board of trustees and city assessor shall meet and there, or at some adjourned meeting, review the assessment; and shall hear any objection to said assessments which may be made by any person deeming himself aggrieved thereby, and shall decide the same; and the board of trustees may correct the assessment as to any assessment or description of the premises appearing therein, and may confirm it as reported or as corrected, or may refer the assessment back to the city assessor for revision; or annul it and direct a new assessment; in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words: “Special assessment roll for (describing fully what the assessment is for), as approved by the board of trustees on the ..........


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

ê1949 Statutes of Nevada, Page 630 (Chapter 309, SB 161)ê

 

board of trustees on the .......... day of .......... (month), 19....... (affixing the time).

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

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

      Sec. 3.  Section 10c of the above-entitled act, as amended by chapter 104, 1941 Statutes of Nevada, page 152, is hereby repealed.

      Sec. 4.  In lieu of section 10c hereby repealed the above-entitled act is amended by adding the following sections separately numbered as sections, as follows:

      Section 10c.  (1) When any special assessment roll is approved by the board of trustees it shall be final and conclusive. Said roll when so endorsed by the city clerk shall be prima-facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll.

      Section 10c.  (2) All special assessments shall from the date of the approval thereof constitute a lien upon the respective lots or parcels of land assessed. Upon the approval of any assessment, the amount thereof may be divided into not more than twelve installments to be collected quarter-yearly, or one of such installments may be collected each year, at such time as the board of trustees may determine, with annual interest at a rate not exceeding seven (7%) percent.

      Section 10c.  (3) All special assessments, except such installments thereof as the board of trustees shall make payable at a future time, as provided in the preceding section, shall be due and payable on approval.

      Section 10c.  (4) Should any lots or lands be divided after a special assessment thereon shall have been approved and divided into installments and before the collection of the installments, the board of trustees may require the city assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment when approved shall be conclusive on all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivision.

      Section 10c.  (5) Should any special assessment prove insufficient to pay for the improvement or work for which it is levied and the expenses incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.

      Section 10c.  (6) Whenever any special assessment shall, in the opinion of the board of trustees, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the board of trustees shall, whether the improvement has been made or not or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment in this act.


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

ê1949 Statutes of Nevada, Page 631 (Chapter 309, SB 161)ê

 

reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment in this act.

      Section 10c.  (7) Whenever any sum or part thereof levied upon any premises in the assessment so set aside has been paid and not refunded the payment so made shall be applied upon the assessment on said premises.

      Section 10c.  (8) When any special assessment shall be approved and payable the board of trustees may direct the city clerk to report to the city assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made, and to require the city assessor to levy the several sums so assessed as a tax upon the several lots or premises to which they were assessed, respectively. Upon receiving such report, the city assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed as a tax in the general assessment roll next thereafter, to be made in a column for special assessments, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that at any time after the special assessment has become payable the same may be collected by suit in the name of the city in any court of competent jurisdiction. The special assessment roll and the certified ordinance or resolution approving the same shall be prima-facie evidence of the regularity of the proceedings in making the assessment and of the right if the city to recover judgment therefor.

      Section 10c.  (9) If in such action provided for in the preceding section it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or the premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.

      Sec. 5.  Section 10o of the above-entitled act, as amended, chapter 104, page 157, 1941 Statutes of Nevada, is hereby repealed.

      Sec. 6.  In lieu of section 10o hereby repealed the above-entitled act is amended by adding the following sections, separately numbered as sections, as follows:

      Section 10o.  (1) The board of trustees shall have, among others, the following powers: To appoint a city clerk, a city treasurer, a city marshal, a city engineer, a city attorney, and such other officers as in the discretion of the board of trustees may from time to time be required to serve the best interests of Carson City and the inhabitants thereof, and may also appoint at its discretion, for such periods of time and for such compensation as may be reasonable, such deputies, clerks, and stenographers as may be necessary to assist any of the officers hereinabove referred to in the performance of their official duties; provided, however, the same person may be appointed to serve in both the office of the city treasurer and city clerk at the same time.


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

ê1949 Statutes of Nevada, Page 632 (Chapter 309, SB 161)ê

 

clerks, and stenographers as may be necessary to assist any of the officers hereinabove referred to in the performance of their official duties; provided, however, the same person may be appointed to serve in both the office of the city treasurer and city clerk at the same time.

      Section 10o.  (2) The board of trustees shall have the power to remove any officer appointed under the provisions of this act at pleasure upon good cause shown therefor, and, upon a charge being preferred, to suspend such officer until the charge shall have been heard and finally passed upon. In the event of the suspension of any officer as herein provided the board of trustees shall have the power to temporarily appoint some competent person to perform the duties of the suspended officer until such time as the charge has been disposed of. In the event the charge against the suspended officer is found not to be sufficient to merit discharge his salary shall be paid during the period of suspension; provided, however, that if such officer be discharged as a result of such charge then his salary shall be paid only to the date of suspension.

      Section 10o.  (3) The board of trustees shall have the power to cause the city marshal to appoint one or such number of policemen as the board of trustees shall from time to time determine, who shall be under the direction and control of the marshal as head of the police force of the city, but such appointments shall be of no validity whatever until the same shall have been approved by said board of trustees, and the said board of trustees shall have power to remove any such policemen from office at pleasure, upon good cause shown, and, upon a charge being preferred, to suspend until the same shall have passed upon finally.

      Sec. 7.  Section 11 of the above-entitled act, and any and all amendments thereto, is hereby repealed.

      Sec. 8.  The above-entitled act is hereby amended by adding a new section, in lieu of section 11 hereby repealed, to be designated as section 11, and said section shall read as follows:

      Section 11.  The board of trustees shall have power, by ordinance, to take up and refund the bonds of the city of Carson City, either before or after maturity, issued for public improvements, or for any other purpose, including all accrued interest thereon; provided, however, that no refunding bond shall in anywise alter the obligation and terms of the original bond to be refunded, other than by an extension of the date of maturity thereof. The board of trustees shall have power to refund the entire issue of any bond, or any one or more series of any one issue; provided, however, that such fact or facts must appear in the ordinance herein required to be enacted by the board of trustees. The board of trustees is authorized to exchange such refunding bonds for the bonds sought to be refunded thereby, and shall not be required to offer the same for sale nor to sell the same to the highest or the best bidder, or to any bidder therefor.

      Sec. 9.  Section 15 of the above-entitled act, and any and all amendments thereto, is hereby repealed.

      Sec. 10.  It is hereby expressly provided that in the event that any section or part of this act shall be held by any court to be void or inoperative for any cause, such holding shall not affect any other section or provision contained in this act.


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

ê1949 Statutes of Nevada, Page 633 (Chapter 309, SB 161)ê

 

section or part of this act shall be held by any court to be void or inoperative for any cause, such holding shall not affect any other section or provision contained in this act.

      Sec. 11.  All previous acts and parts of acts and amendments thereto in conflict herewith are hereby expressly repealed, and it is the express intent of the legislature that the provisions of chapter 70, 1937 Statutes of Nevada, page 141, being sections 2643.01 to 2643.06, both inclusive, 1931-1941 Supplement to Nevada Compiled Laws of 1929, together with any and all amendments thereto, shall not apply to the bonds issued under the provisions and authority of this act.

      Sec. 12.  This act shall become effective immediately after its passage and approval.

 

________

 

 

CHAPTER 310, SB 184

Senate Bill No. 184–Senator Nores.

CHAPTER 310

AN ACT to amend an act entitled “An act relating to the transportation of neat cattle, horses, mules, asses, sheep or hogs, either dead or alive, upon the public highways of the State of Nevada; requiring a permit therefor, and providing penalties for the violation of this act; providing for the enforcement hereof, and other matters properly relating thereto,” approved March 26, 1937.

 

[Approved March 29, 1949]

 

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 4035.13, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

 

________

 

 


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

ê1949 Statutes of Nevada, Page 634ê

 

CHAPTER 311, SB 176

Senate Bill No. 176–Senator Strosnider.

CHAPTER 311

AN ACT to separate the offices of sheriff and assessor in the county of Lyon, State of Nevada; providing for the compensation of each of said officers; and providing for the election or appointment of such officers, and repealing acts in conflict herewith.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  From and after the first Monday in January 1951, the office of sheriff and the office of assessor of Lyon County, State of Nevada, shall be separate offices, and shall not be held by the same person; provided, however, that in the event of a vacancy in the present office of sheriff-assessor of Lyon County, State of Nevada, as the same is now constituted, the said offices of sheriff and assessor shall be separated as of the date when such vacancy occurs, and the board of county commissioners of said Lyon County, State of Nevada, shall proceed to fill the said office of sheriff and the said office of assessor by appointing qualified persons to such offices for a term expiring on the first Monday of January 1951.

      Sec. 2.  When the said offices of sheriff and assessor of said Lyon County, State of Nevada, have been constituted as separate offices, the said sheriff shall be paid at the rate of thirty-nine hundred ($3,900) dollars per annum, and the said assessor shall be paid at the rate of thirty-six hundred ($3,600) dollars per annum; provided, however, that commencing with the first Monday in January 1951, the said sheriff shall be paid at the rate of thirty-six hundred ($3,600) dollars per annum. When the said offices of sheriff and assessor of said Lyon County, State of Nevada, have been constituted as separate offices, the said sheriff is hereby authorized and empowered to employ one office deputy who shall receive a salary of not to exceed two thousand eight hundred eighty ($2,880) dollars per annum. When the said offices of sheriff and assessor of said Lyon County, State of Nevada, have been constituted as separate offices, the said assessor may, when the public needs of the county so require, and when authorized by the board of county commissioners so to do, appoint one or more deputy assessors, whose appointment shall be for such period as said board of county commissioners may deem necessary. The compensation of such deputy or deputies shall be fixed by the said board of county commissioners in an amount not to exceed seven dollars and fifty cents ($7.50) per day or two hundred and twenty-five dollars ($225) per month.

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

      Sec. 4.  This act shall become effective on the first day of the first month after its passage and approval.

 

________

 

 


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

ê1949 Statutes of Nevada, Page 635ê

 

CHAPTER 312, SB 150

Senate Bill No. 150–Senator Loomis.

CHAPTER 312

AN ACT to amend an act entitled “An act to provide for the organization, management and conduct of nonprofit cooperative corporations, providing for membership therein, and matters properly connected therewith,” approved March 23, 1921, as amended.

 

[Approved March 29, 1949]

 

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 1577, Nevada Compiled Laws 1929, 1931-1941 Supplement, as amended by chapter 138, Statutes of Nevada 1941, is hereby amended to read as follows:

      Section 3.  Each corporation formed under this act must prepare and file articles of incorporation in writing, setting forth:

      1.  The name of the corporation.

      2.  The purpose for which it is formed.

      3.  The place where its principal business will be transacted; provided, however, that other meetings of the association or meetings of the board of directors may be held either within or without the state.

      4.  The term for which it is to exist, not exceeding fifty years.

      5.  If formed with capital stock, the amount of its capital stock and the number and par value and the shares into which it is divided, and the amount of common and of preferred stock that may be issued with the preferences, privileges, voting rights, restrictions and qualifications pertaining thereto.

      6.  The names and addresses of those selected to act as directors, not less than three, for the first year or until their successors have been elected and have accepted office.

      7.  Whether the voting power and the property rights and interest of each member shall be equal or unequal, and if unequal the articles shall set forth a general rule or rules applicable to all members by which the voting power and the property rights and interests, respectively, of each member may and shall be determined and fixed, but the corporation shall have power to admit new members who shall be entitled to vote and to share in the property of the corporation with the old members, in accordance with such general rule.

      8.  In addition to the foregoing, the articles of incorporation of any association incorporated hereinunder may contain any provision consistent with law with respect to management, regulation, government, financing, indebtedness, membership, establishing of voting districts, voting powers, election of delegates for representative purposes; the issuance, retirement, and transfer of its stock, if formed with capital stock, or any provision relative to the way or manner in which it shall operate or with respect to its members, officers, or directors, and any other provisions relating to its affairs.

      9.  Said articles of incorporation shall be subscribed by three or more of the original members, a majority of whom must be residents of this state, and acknowledged by each before some officer authorized to take and certify acknowledgments of conveyances of real property, and shall be filed in the office of the secretary of state in all respects in the same manner as other articles of incorporation are filed [, and thereupon the secretary of state, for a fee of five dollars, shall furnish a certified copy thereof, which] ; and if a corporation formed under the provisions of this act shall be authorized to issue capital stock there shall be paid to the secretary of state for filing said articles the fee applicable to the amount of authorized capital stock of such corporation as the secretary of state may be required by law to collect upon the filing of articles of incorporation which authorize the issue of capital stock.


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

ê1949 Statutes of Nevada, Page 636 (Chapter 312, SB 150)ê

 

more of the original members, a majority of whom must be residents of this state, and acknowledged by each before some officer authorized to take and certify acknowledgments of conveyances of real property, and shall be filed in the office of the secretary of state in all respects in the same manner as other articles of incorporation are filed [, and thereupon the secretary of state, for a fee of five dollars, shall furnish a certified copy thereof, which] ; and if a corporation formed under the provisions of this act shall be authorized to issue capital stock there shall be paid to the secretary of state for filing said articles the fee applicable to the amount of authorized capital stock of such corporation as the secretary of state may be required by law to collect upon the filing of articles of incorporation which authorize the issue of capital stock. A certified copy of such articles shall be filed in the office of the clerk of the county where the principal business of the association is to be transacted, and also the secretary of state shall issue to the corporation over the great seal of the state a certificate that a copy of the articles containing the required statements of facts has been filed in his office, and thereupon and upon the filing of a copy with the county clerk, the persons signing the articles and their associates and successors shall be a body politic and corporate. When so filed, the said articles of incorporation or certified copies thereof shall be received in all the courts of this state, and other places, as prima-facie evidence of the facts contained therein.

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

 

________

 

 

CHAPTER 313, SB 145

Senate Bill No. 145–Senator Munk.

CHAPTER 313

AN ACT to amend an act entitled “An act relating to cattle, horses, hogs and other domesticated animals and poultry, excepting sheep and goats, creating a state board of stock commissioners, defining their powers and duties in regulating and controlling such stock and protecting the same against loss from disease, theft, and other injurious agencies, providing for the payment of certain indemnities on livestock condemned and destroyed, providing for the payment of bounties on certain noxious animals, providing for a tax levy to carry out the provisions of this act, providing penalties for the violation thereof, and other matters properly relating thereto,” approved March 26, 1915, as amended.

 

[Approved March 29, 1949]

 

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 3827, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:

      Section 2.  [The state board of stock commissioners, hereinafter called the board, shall consist of three (3) members, all of whom shall be experienced stockmen and no two of whom shall be from the same county, said members to be appointed by the governor, and to hold office for four years, and until their successors are duly appointed and qualified, except as herein provided.


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

ê1949 Statutes of Nevada, Page 637 (Chapter 313, SB 145)ê

 

county, said members to be appointed by the governor, and to hold office for four years, and until their successors are duly appointed and qualified, except as herein provided. Each of said commissioners, before entering upon the duties of his office, shall take and subscribe to the constitutional oath of office and enter into a bond with at least two sureties in the penal sum of twenty-five hundred dollars ($2,500), payable to the State of Nevada, and conditioned for the faithful performance of the duties of his office, which bond shall be approved by the governor, and filed in the office of the secretary of state. The members of the board shall each receive for their services ten dollars ($10) per day and while in discharge of their duties. Said salary and expenses shall be paid from the state treasury. Each member of said board shall be a qualified elector of the county from which he is chosen, and must reside during his term of office within the state. Said board must hold meetings quarterly, and oftener if requested by any member of the board; provided, that upon the termination of the term of office of the persons now constituting said board, that the governor shall appoint three persons as members of said board, the terms of such appointments and the appointees to serve on said board for the period of two, three, and four years, respectively, as indicated in the appointments; that thereafter the members shall be appointed and serve for a term of four years as herein provided.]

      The state board of stock commissioners, hereinafter called the board, shall insist of five (5) members, appointed by the governor, three of whom shall be actively engaged in livestock production, one in dairying, and one in general ranching, no two of which shall be from any one county. Each member of said board shall be a qualified elector of the county from which he is chosen, and must reside within the state during his term of office. Within thirty days after the passage and approval of this act, the governor shall appoint five members of the board qualified as above, one for a period of one year, one for a period of two years, one for a period of three years, and two for a period of four years, or until their successors are appointed and qualified, and thereafter properly qualified successors at the expiration of the terms set forth above for a period of four years, or until their successors are appointed and qualified. Any vacancy on the board, arising from the expiration of any member’s appointed term of office, his resignation, death or disqualification, shall be filled by appointment by the governor as provided above, within thirty days of the occurrence of such vacancy. All members of the board shall, before entering on their duties, subscribe to the constitutional oath of office and file a bond as provided by law in the sum of five thousand dollars ($5,000), conditional on the faithful performance of their duties. The members of the commission shall receive no salary but shall be allowed a per diem of ten dollars ($10) per day and their necessary traveling and subsistence expenses, as allowable by law, when in attendance at meetings of the board, or engaged on other official business, payable from any funds at the disposal of the board for that purpose. The board shall hold regular meetings semiannually, at dates to be designated by the board; special meetings may be held at any time, and shall be held upon the request of any two members, or in case of emergency.


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

ê1949 Statutes of Nevada, Page 638 (Chapter 313, SB 145)ê

 

board; special meetings may be held at any time, and shall be held upon the request of any two members, or in case of emergency.

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

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

 

________

 

 

CHAPTER 314, SB 148

Senate Bill No. 148–Senator Loomis.

CHAPTER 314

AN ACT to amend an act entitled “An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada, defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for fees, costs, and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith,” approved March 31, 1941, and making an appropriation for the period ending June 30, 1951.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 129, article 17, of the above-entitled act, being section 3656.129, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:

      Section 129.  The state controller of Nevada is hereby designated as ex officio insurance commissioner and charged with the rights, powers, and duties appertaining to the enforcement and execution of all the insurance laws of this state. He shall have the power:

      (1) To make reasonable rules and regulations as may be necessary for making effective such laws;

      (2) To conduct such investigations as may be necessary to determine whether any person has violated any provision of such insurance laws; [and]

      (3) To conduct such examinations, investigations, and hearings in addition to those specifically provided for as may be necessary and proper for the efficient administration of the insurance laws of this state [.] ; and

      (4) To appoint a director of the insurance department of the State of Nevada who shall devote his full time to the performance of the rights, powers and duties appertaining to the enforcement and execution of the insurance laws of this state. The director’s salary shall be forty-two hundred dollars ($4,200) per year. Any person appointed hereunder as director of the insurance department of the State of Nevada shall have the following qualifications:

 


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

ê1949 Statutes of Nevada, Page 639 (Chapter 314, SB 148)ê

 

hereunder as director of the insurance department of the State of Nevada shall have the following qualifications:

      (a) He shall be a person competent and fully qualified to perform the duties of the office.

      (b) He shall have had at least three (3) years’ experience as an employee in the office of an insurance commissioner or as an official of an insurance company.

      Sec. 2.  There is hereby appropriated, for the period ending June 30, 1951, from any moneys in the state treasury not otherwise especially appropriated, the sum of eight thousand four hundred dollars ($8,400) to effectuate the purposes of this act.

 

________

 

 

CHAPTER 315, SB 167

Senate Bill No. 167–Senators Baker and Tallman.

CHAPTER 315

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; 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,” approved March 29, 1919, as amended.

 

[Approved March 29, 1949]

 

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 2870, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:

      Section 1.  On or before June 1, 1935, the governor shall appoint five (5) persons, all of whom shall be engaged in the practice or teaching of professional engineering in any of its branches except military, and who shall constitute a board of registered professional engineers.

      The members of such board shall, within thirty (30) days after their appointment, take and subscribe to the oath of office as prescribed by the laws of Nevada and file the same with the secretary of state. [They shall hold office for four (4) years, and until their successors are appointed and qualified;] Each member shall be appointed to hold office for a term of four (4) years; save and except that the members of the board first to be appointed under this act shall hold office, one for one (1) year, one for two (2) years, one for three (3) years, and two for four (4) years.


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

ê1949 Statutes of Nevada, Page 640 (Chapter 315, SB 167)ê

 

      No member of the board shall be reappointed to the board until a period of one year or more shall have elapsed between the expiration of his term of office and the time of his reappointment to the board; provided, that the secretary of the board may be reappointed at the end of his term.

      Any vacancies that may occur from any cause shall be filled by the governor for the unexpired term; provided, that all appointments made after the first year [must] shall be from the roll of certificates issued and on file in the office of the secretary of state. The members of the board shall, as far as practical, consist of one (1) member of the following engineering professions: Mining, hydraulic, electric, civil, or highway and mechanical.

      Sec. 2.  Section 2 of the above-entitled act, being section 2871, 1929 N. C. L., Supp. 1941, as amended by chapter 254, 1947 Statutes of Nevada, 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 term “engineer-in-training,” as used in this act, shall mean a candidate for registration as a professional engineer who is a graduate of an approved engineering curriculum of four years or more; from a school or college approved by the board as of satisfactory standing; or who has had four years or more of experience in engineering work of a character satisfactory to the board; and who, in addition has successfully passed part one of the examination as provided in paragraph 3 of section 5 of this act.

      The practice of engineering shall not include the work ordinarily performed by persons who operate or maintain machinery or equipment.

      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. This act does not apply to employees of interstate railroad, telegraph, or telephone companies, or to any duly licensed architect.

      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, 1929 N. C. L., 1941 Supp., as amended by chapter 254, 1947 Statutes of Nevada, is hereby amended to read as follows:


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

ê1949 Statutes of Nevada, Page 641 (Chapter 315, SB 167)ê

 

      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.

      4.  To charge and collect from all applicants for registration as professional engineer or land surveyor an application fee of fifteen dollars ($15) to be retained by the board and a registration fee of ten dollars ($10) and to charge and collect from all applicants for registration as engineer-in-training a fee of ten dollars ($10) which shall include the cost of examination and the issuance of a certificate as engineer-in-training. When registration as a professional engineer or land surveyor is completed by an engineer-in-training he shall pay an additional fee of fifteen dollars ($15) before issuance of a license as a professional engineer. All fees collected shall be used 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.


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

ê1949 Statutes of Nevada, Page 642 (Chapter 315, SB 167)ê

 

      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 and engineers-in-training shall be prepared by the secretary of the board during the month of December of each year. Copies of this roster shall be mailed to each person so registered, placed on file with the secretary of state, and furnished to the public on request.

      Sec. 4.  Section 5 of the above-entitled act, being section 2874, 1929 N. C. L., 1941 Supp., as amended by chapter 254, 1947 Statutes of Nevada, 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 for registration as a professional engineer shall be entitled to take the 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] experience 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] experience 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] experience. 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] experience; provided, however, that no applicant shall receive credit for more than four (4) years of active [practice] experience 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] experience 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.


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ê1949 Statutes of Nevada, Page 643 (Chapter 315, SB 167)ê

 

      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. 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 to 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. 5.  Section 12a of the above-entitled act, being section 12a, chapter 254, 1947 Statutes of Nevada, is hereby amended 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 or any duly licensed architect; 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. 6.  The above-entitled act is further amended by adding thereto a new section, to be known as section 12b, immediately following section 12a, being section 12a of chapter 254, 1947 Statutes of Nevada, to read as follows:

      Section 12b.  Any public official violating the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not exceeding five hundred dollars ($500); in addition hereto said public official shall forfeit his office.

      Sec. 7.  Section 13 of the above-entitled act, being section 13, chapter 254, 1947 Statutes of Nevada, is hereby amended to read as follows:

      Section 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. (a) Any person who intentionally removes, changes or defaces any monument set by a licensed land surveyor which monument has been properly established and marked as required by this act, shall be guilty of a misdemeanor punishable by fine or jail sentence, or both. (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:

 


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ê1949 Statutes of Nevada, Page 644 (Chapter 315, SB 167)ê

 

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 boundary 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. (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 practiced. (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:] exempted from the provisions of section 13 of 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.] Registered professional mining engineers engaged solely in surveys made for mining and milling purposes or facilities pertaining thereto. (d) Officers and employees of the United States government who have qualified under federal regulations and have been authorized to make surveys for the government; provided, that such government employees shall not engage in private engineering practice in Nevada.

      Sec. 8.  Section 15 of the above-entitled act, being section 15 of chapter 254, 1947 Statutes of Nevada, is hereby amended to read as follows:

      Section 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.


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ê1949 Statutes of Nevada, Page 645 (Chapter 315, SB 167)ê

 

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.

      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 waterproof ink on tracing cloth or other suitable transparent medium other than paper, [the size to be twenty-four inches by thirty-two inches] either the original drawing or a suitable duplicate made from the original pencil drawing reproduced on tracing cloth by standard reproduction methods, the size to be 24 inches by 32 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 show. (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.


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ê1949 Statutes of Nevada, Page 646 (Chapter 315, SB 167)ê

 

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 the 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] The county recorder shall keep proper indexes of such survey records by name of tract, 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] or 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. 9.  The above-entitled act is further amended by adding thereto a new section to be known as section 15, immediately following section 15, the same being section 15, chapter 254, 1947 Statutes of Nevada, to read as follows:

      Section 15.  Any employee or official of the state, or county, city or district thereof, who is paid a monthly or annual salary for his employment and whose public duty includes land surveying as defined in section 13 of this act shall not engage in private surveying practice on regular working days for the state, county, city, or district.

      Sec. 10.  Section 17 of the above-entitled act, being section 17, chapter 254, 1947 Statutes of Nevada, is hereby amended to read as follows:

      Section 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.] 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. 11.  This act shall be in full force and effect from and after its passage and approval.

 

________

 

 


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ê1949 Statutes of Nevada, Page 647ê

 

CHAPTER 316, SB 186

Senate Bill No. 186–Senators Wilson, Baker, Horlacher, Munk, Murray, and Budelman.

CHAPTER 316

AN ACT to amend an act entitled “An act to provide an excise tax on the distribution of motor vehicle fuel and on the use of any other inflammable or combustible liquids, used to propel motor vehicles on the highways of this state; to provide for the payment and collection thereof; to provide for the licensing of dealers engaged in the distribution of motor vehicle fuel and the filing of bonds by such dealers; to provide for the keeping of records by dealers and retailers of motor vehicle fuel, and the examination thereof; to provide for reports of carriers of motor vehicle fuel and imposing duties on such carriers and on consumers; to provide for the administration and enforcement thereof by the Nevada tax commission and fixing its duties in relation thereto; to fix penalties for the violation of the provisions of this act; to provide for the disposition of the said tax; to provide for refunds; to define certain words, terms and phrases herein; to prohibit political subdivisions from imposing similar taxes; and to repeal all other acts or parts of acts in conflict herewith,” approved March 21, 1935.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 2.1 of the above-entitled act, being section 2.1 of chapter 276, 1947 Statutes of Nevada, is hereby amended to read as follows:

      Section 2.1.  [Notwithstanding any other provision of this act, there is hereby levied an excise tax on motor vehicle fuel, in addition to any other tax in this act provided, of one and one-half (1 1/2) cents per gallon. This tax shall be accounted for by each dealer as to the county in which it is received and shall be collected in the manner provided in this act and shall be paid to the state treasurer, who shall receipt the dealer therefor. The amount of the tax as levied in this section and collected by the treasurer shall be by him paid over within 30 days after its receipt to the county treasurer of the county in which the tax payment originates, and by the county treasurer be placed to the credit of the county road and bridge fund. The proceeds of such tax, except for costs of administration, shall be expended by the county for the construction, maintenance, and repair of the public highways of said county, and incorporated cities within said counties to be apportioned from the general road fund of the county on the ratio which the assessed valuation of property within the boundaries of said incorporated cities bears to the total assessment valuation of the counties inclusive of property within incorporated cities, and all such moneys so apportioned shall be expended upon the streets, alleys and public highways of such city under the direction and control of the governing body of said city, other than state highways, and for no other purpose. Any refunds to be made of the tax in this section provided shall be paid in the manner provided in this act, and deducted from the amount of any later payment to the county or counties in which the tax was collected. The county commissioners of any county may decline to accept the tax provided in this section by adoption of a resolution passed prior to the effective date of this act and which shall be reconsidered and passed once each year within sixty (60) days prior to July 1 of each year as long as the county commissioners desire so to act and upon the adoption of such a resolution no tax shall be collected as in this section provided within the boundaries of such a county.]

 


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ê1949 Statutes of Nevada, Page 648 (Chapter 316, SB 186)ê

 

to accept the tax provided in this section by adoption of a resolution passed prior to the effective date of this act and which shall be reconsidered and passed once each year within sixty (60) days prior to July 1 of each year as long as the county commissioners desire so to act and upon the adoption of such a resolution no tax shall be collected as in this section provided within the boundaries of such a county.]

      (a) Notwithstanding any other provision of this act there is hereby levied an excise tax on motor vehicle fuel, in addition to any other tax in this act provided, of one-half (1/2) cent per gallon. This tax shall be accounted for by each dealer and shall be collected in the manner provided in this act and shall be paid to the state treasurer, who shall receipt the dealer therefor. The receipts of the tax as levied in this subsection and collected by the state treasurer shall be allocated quarterly by the state treasurer, to the counties and shall be used exclusively on county roads under the direction of the boards of county commissioners of the several counties upon the following formula:

      One-fourth in proportion to total area;

      One-fourth in proportion to population, according to the latest available federal census;

      One-fourth in proportion to road mileage and street mileage (non-federal aid primary roads);

      One-fourth in proportion to vehicle miles of travel on roads (non-federal aid primary roads).

      The amount due the counties under such formula shall be remitted quarterly. The state controller shall draw his warrants payable to the treasurer of each of the several counties, and the state treasurer shall pay the same out of said proceeds of the tax herein levied. Any refund to be made of the tax in this section provided shall be paid in the manner provided in this act and deducted from the amount of any later payment to the county or counties in which the tax was collected.

      (b) In addition hereto there is hereby levied an excise tax, in addition to any other tax in this act provided, of one cent (1¢) per gallon. This tax shall be accounted for by each dealer as to the county in which it is sold to the retailer and shall be collected in the manner provided in this act and shall be paid to the state treasurer who shall receipt the dealer therefor. The receipts of the tax as levied in this subsection, and collected by the state treasurer, shall be allocated quarterly by the state treasurer to the counties in which the tax payment originates and shall be expended by the county for the construction, maintenance and repair of the public highways of said county and incorporated cities within said counties, to be apportioned from the general road fund of the county on the ratio which the assessed valuation of property within the boundaries of said incorporated cities bear to the total assessment valuation of the counties inclusive of property within incorporated cities, and all such money so apportioned shall be expended upon the streets, alleys and public highways of such city under the direction and control of the governing body of said city, other than state highways, and for no other purpose. Any refunds to be made of the tax in this section provided shall be paid in the manner provided in this act, and deducted from the amount of any later payment to the county or counties in which the tax was collected.


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ê1949 Statutes of Nevada, Page 649 (Chapter 316, SB 186)ê

 

be made of the tax in this section provided shall be paid in the manner provided in this act, and deducted from the amount of any later payment to the county or counties in which the tax was collected. The provisions of paragraph (b) of section 2.1 of this act shall be deemed to be optional. The county commissioners of any county may decline to accept the one cent (1¢) per gallon tax by adoption of a resolution passed prior to the effective date of this act and which shall be reconsidered and passed once each year within sixty days prior to July 1 of this year as long as the county commissioners desire so to act, and upon the adoption of such a resolution no tax shall be collected.

      Sec. 2.  This act shall be effective July 1, 1949, and shall expire June 30, 1951.

 

________

 

 

CHAPTER 317, SB 180

Senate Bill No. 180–Senator Baker.

CHAPTER 317

AN ACT to amend an act entitled “An act authorizing the board of directors of any county fire protection district to issue and sell bonds not exceeding in amount ten thousand ($10,000) for the purchase of fire-fighting equipment; providing for an election therefor; providing for the payment thereof, and other matters properly relating thereto,” approved March 22, 1945.

 

[Approved March 29, 1949]

 

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 182, page 293, Statutes of Nevada 1945, is hereby amended to read as follows: “An act authorizing the board of directors of any county fire protection district to issue and sell bonds not exceeding in amount [ten thousand ($10,000)] twenty-five thousand dollars ($25,000) for the purchase of fire-fighting equipment, construction of buildings, and improvement of district-owned property; providing for an election therefor; providing for the payment thereof, and other matters properly relating thereto.”

      Sec. 2.  Section 1 of the above-entitled act, being chapter 182, page 293, Statutes of Nevada 1945, is hereby amended to read as follows:

      Section 1.  The board of directors of any county fire protection district formed under the provisions of that certain act of the legislature of the State of Nevada entitled “An act providing for the organization of fire protection districts upon certain lands within the State of Nevada; providing for the regulation thereof, defining the duties of certain persons in relation thereto, and other matters properly relating thereto,” approved March 23, 1937, is hereby empowered to prepare, issue, and sell negotiable coupon bonds not exceeding in amount [ten thousand ($10,000)] twenty-five thousand dollars ($25,000) exclusive of interest, for the purpose of providing funds for the purchase of fire-fighting equipment, construction of buildings, and improvement of district-owned property for use in their respective county fire protection districts.


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ê1949 Statutes of Nevada, Page 650 (Chapter 317, SB 180)ê

 

district-owned property for use in their respective county fire protection districts.

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

 

________

 

 

CHAPTER 318, SB 234

Senate Bill No. 234–Committee on Finance.

CHAPTER 318

AN ACT making an appropriation for salary increases for faculty members of the University of Nevada, providing for its expenditure, and other matters relating thereto.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  For the purpose of paying increases in the salaries of members of the faculty of the University of Nevada, there is hereby appropriated from the general fund for the biennium ending June 30, 1951, the sum of one hundred and twenty-five thousand dollars ($125,000).

      Sec. 2.  The funds provided in this act shall be expended by and under the direction of the board of regents of the University of Nevada.

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

 

________

 

 

CHAPTER 319, SB 235

Senate Bill No. 235–Committee on Finance.

CHAPTER 319

AN ACT making an appropriation for salary increases for personnel of the public service division of the University of Nevada, providing for its expenditure, and other matters relating thereto.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  For the purpose of paying increases in the salaries of personnel of the public service division of the University of Nevada, there is hereby appropriated from the general fund for the biennium ending June 30, 1951, the sum of fifteen thousand dollars ($15,000).

      Sec. 2.  The funds provided in this act shall be expended by and under the direction of the board of regents of the University of Nevada.

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

 

________

 

 


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ê1949 Statutes of Nevada, Page 651ê

 

CHAPTER 320, SB 198

Senate Bill No. 198–Senator Murray.

CHAPTER 320

AN ACT creating a state department of buildings and grounds, providing for the appointment of a superintendent of buildings and grounds, defining powers and duties, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  The following words shall have the following meaning within the purview of this act, and shall be so construed:

      (a) “Department” means the state department of buildings and grounds.

      (b) “Superintendent” means the superintendent of the state department of buildings and grounds.

      Sec. 2.  There is hereby created a state department of buildings and grounds, consisting of a superintendent and such other employees as hereinafter provided for.

      Sec. 3.  The superintendent of buildings and grounds shall be appointed by and responsible to the governor, and he shall hold office for a term of four years corresponding to the term of the governor, unless sooner removed for cause. He shall receive a salary of thirty-six hundred dollars ($3,600) per annum. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.

      Sec. 4.  The superintendent shall be selected with special reference to his training, experience, capacity, and interest in the activities embraced within this act.

      Sec. 5.  The superintendent shall have supervision over and control of the state capitol building, the capitol grounds and state water supply, the state printing office and grounds, the governor’s mansion and grounds, and all other state buildings, grounds, and properties not otherwise provided for by law. He shall direct the making of all repairs and improvements on the aforesaid buildings and grounds. All officers, departments, boards, commissions, and agencies shall make requisition upon him for any repairs or improvements necessary in the capitol building or in other buildings or parts thereof owned by or leased to the state, and occupied by said officers, departments, boards, commissions, or agencies.

      Sec. 6.  The superintendent shall have authority to expend appropriated funds to meet expenses for the care, maintenance, and preservation of the aforesaid buildings and grounds and their appurtenances, and for the repair of the furniture and fixtures therein. He shall take proper precautions against damage thereto, or to the furniture, fixtures, or other public property therein.

      Sec. 7.  The superintendent shall have the following specific powers and duties:


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ê1949 Statutes of Nevada, Page 652 (Chapter 320, SB 198)ê

 

      (1) To keep all buildings, rooms, basements, floors, windows, furniture, and appurtenances clean, orderly, and presentable as befitting public property, and in such condition as to reduce fire hazards to a minimum.

      (2) To keep all yards and grounds clean and presentable, with proper attention to landscaping and horticulture.

      (3) To make arrangements for the installation and maintenance of water sprinkler systems, fire extinguishers, fire hoses, and fire hydrants, and to take other fire prevention and suppression measures, necessary and feasible, that may reduce the fire hazards in all buildings under his control.

      (4) To make arrangements and provision for the maintenance of the state’s water system supplying the state-owned buildings at Carson City, with particular emphasis upon the care and maintenance of water reservoirs, in order that a proper and adequate supply of water be available to meet any emergency.

      (5) To make arrangements for the installation and maintenance of water meters designed to accurately measure the quantity of water obtained from sources not owned by the state.

      (6) To make arrangements for the installation and maintenance of a lawn sprinkling system on the grounds adjoining the capitol building at Carson City, or on any other state-owned grounds where such installation is practical or necessary.

      (7) To make arrangements for the installation of a central telephone switchboard or switchboards to serve the state offices, in one or more buildings as may be practical or feasible.

      (8) To investigate the feasibility, and economies resultant therefrom, if any, of the installation of a central power meter, to measure electrical energy used by the state buildings in the vicinity of and including the capitol building at Carson City, assuming said buildings were served with power as one unit.

      (9) To investigate the need, feasibility, and economies resultant therefrom, if any, of the installation of a central heating system to serve the state buildings in the vicinity of and including the capitol building at Carson City, to report to the forty-fifth session of the Nevada legislature the results of such investigation, and to make recommendations relative thereto. In addition, the superintendent shall report on the condition of the heating system in the capitol building, and shall make recommendations relative thereto.

      (10) To purchase, use, and maintain such supplies and equipment as is necessary for the care, maintenance, and preservation of the buildings and grounds under his supervision and control. The superintendent shall have authority to install or remove vending machines in the aforementioned buildings, and shall have control of and be responsible for their operation.

      Sec. 8.  The superintendent shall have the power and authority to lease and equip office rooms outside of state buildings for the use of state officers and employees whenever sufficient space for such officers and employees cannot be provided within said state buildings.

      Sec. 9.  The superintendent shall assign the rooms in the capitol building, and rooms elsewhere used by the state, and shall determine the occupancy thereof in such manner as the public service may require; provided, that the executive and administrative officers, departments, boards, commissions, and agencies of the state shall be provided with suitable quarters which shall, so far as is expedient, be in Carson City; provided further, that this section shall not apply to the legislative chambers while the legislature is in session, to rooms needed or used by either branch of the legislature while in session, or to any rooms needed or used by any committees or officers thereof.


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ê1949 Statutes of Nevada, Page 653 (Chapter 320, SB 198)ê

 

building, and rooms elsewhere used by the state, and shall determine the occupancy thereof in such manner as the public service may require; provided, that the executive and administrative officers, departments, boards, commissions, and agencies of the state shall be provided with suitable quarters which shall, so far as is expedient, be in Carson City; provided further, that this section shall not apply to the legislative chambers while the legislature is in session, to rooms needed or used by either branch of the legislature while in session, or to any rooms needed or used by any committees or officers thereof.

      Sec. 10.  While the legislature is not in session, the legislative chambers shall be under the supervision and control of the superintendent, and said chambers shall be kept clean, orderly, and presentable as befitting public property and the dignity of the legislature. The superintendent is hereby authorized, at his discretion, to permit the use of the legislative chambers, while the legislature is not in session, for any public meeting designed to promote the public welfare. In cases of emergency, while the legislature is not in session, the superintendent is hereby authorized to permit the temporary use of the legislative chambers by a state department or agency until other quarters can be provided.

      Sec. 11.  The superintendent shall submit a biennial report to the governor in the manner provided by law.

      Sec. 12.  The superintendent is hereby authorized and directed to employ such clerks, engineers, electricians, painters, mechanics, janitors, gardeners, watchmen, and such other persons as may be necessary to carry out the provisions of this act. Such employees shall perform duties as assigned by the superintendent, and may be transferred from one branch of employment to another. The superintendent shall be responsible for the fitness and good conduct of all such employees, and he may dismiss and separate them at his discretion.

      Sec. 13.  The superintendent shall take proper care to prevent any theft, trespass on, or injury to, the capitol building or its appurtenances, or any other building or part thereof under his supervision and control, and if any such theft, trespass, or injury is committed, he shall cause the offender to be prosecuted therefor. For any criminal offense committed in any part of the capitol building or the grounds appurtenant thereto, or in any other building or part thereof under the supervision and control of the superintendent, the superintendent and his watchmen shall have the same power to make arrests as the police officers of Carson City. The superintendent may arm his watchmen and, in case of emergency, may arm and detail as watchmen for extra duty such employees in his department as, in his judgment, the emergency requires for the proper protection of the state property under his supervision and control.

      Sec. 14.  Funds to carry out the provisions of this act shall be provided by direct legislative appropriation from the general fund upon the presentation of budgets as provided by law, and shall be paid out on claims as other claims against the state are paid. Such appropriated funds shall be used for the repair of and the keeping in repair of the buildings, grounds, and water system under the supervision and control of the superintendent; provided, that any repairs to any of said buildings or water system, the estimated cost of which shall exceed five hundred dollars ($500), the superintendent shall advertise for bids thereon and award the contract therefor to the lowest and best bidder.


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ê1949 Statutes of Nevada, Page 654 (Chapter 320, SB 198)ê

 

control of the superintendent; provided, that any repairs to any of said buildings or water system, the estimated cost of which shall exceed five hundred dollars ($500), the superintendent shall advertise for bids thereon and award the contract therefor to the lowest and best bidder. Such advertisement or notice to bidders shall be published in a newspaper of general circulation in the state for a period of two weeks. The duties, functions, and funds of the board of control relative to state buildings and grounds are hereby transferred to the department of buildings and grounds.

      Sec. 15.  Sections 3, 4, 5, 6, and 9 of that certain act entitled “An act providing for a state board of control, defining their duties and powers, and repealing acts in conflict therewith,” approved March 20, 1933, as amended, being sections 6974.02-6974.05, and section 6974.08, Nevada Compiled Laws, 1931-1941 Supplement, are hereby repealed.

      Sec. 16.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

 

________

 

 

CHAPTER 321, AB 380

Assembly Bill No. 380–Mr. Pruett (Douglas).

CHAPTER 321

AN ACT to amend an act entitled “An act of the legislature of the State of Nevada consenting to the acquisition by the United States of certain described lands within the state for national forest purposes; reserving the right of taxation, and retaining civil and criminal jurisdiction over persons thereon except in certain cases; and other matters properly relating thereto,” approved March 29, 1937.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  The above-entitled act, being chapter 208, 1937 Statutes of Nevada, is hereby amended by adding a new section to be known as section 2.1, which shall immediately follow section 2, and shall read as follows:

      Section 2.1.  The provisions of this act shall not apply to any lands herein described which are within the boundaries of Ormsby and Douglas Counties, Nevada.

 

________

 

 


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ê1949 Statutes of Nevada, Page 655ê

 

CHAPTER 322, AB 358

Assembly Bill No. 358–Committee on Judiciary.

CHAPTER 322

AN ACT to amend an act entitled “An act to create a board of chiropractic examiners and to regulate the practice of chiropractic and to provide penalties for violation of this act and to prohibit the practice of any other mode or system under the name of chiropractic,” approved February 19, 1923, as amended.

 

[Approved March 29, 1949]

 

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 1929 N. C. L., section 1080, is hereby amended to read as follows:

      Section 1.  There is hereby created a board of chiropractic examiners, to be known as the Nevada state board of chiropractic examiners.

      The governor shall appoint such board, consisting of [three] five members, within thirty days after this act takes effect.

      The appointees shall meet within ten days after their appointment and organize by electing a president, secretary, and treasurer, and adopting reasonable rules and regulations for the transaction of business.

      [The appointees shall have the qualifications set forth in section 9. Subsequent appointees] Appointees shall be graduates of chiropractic schools or colleges giving a course of [at least three years, of six months each, in] study embracing the following subjects: anatomy, histology, elementary chemistry and toxicology, physiology, bacteriology, hygiene and sanitation, pathology, diagnosis or analysis, chiropractic theory and practice, obstetrics and gynecology, symptomatology. [No one may be appointed who practices anything but chiropractic as hereinafter defined.] The appointees shall be duly licensed chiropractors in the State of Nevada and actually engaged in the practice of chiropractic at the time of their appointment. At least two of the appointees shall have had a course in physiotherapy in a school or college of chiropractic.

      [The term of office of the first member shall be one year; the second, two years; the third, three years. Appointees after the first] Not more than one person shall serve simultaneously as a member of said board, who is a resident graduate of the same school or college of chiropractic; provided, that the members of the board in office when this act shall take effect shall continue to hold office for the terms for which they were appointed. Appointees to any vacancies existing in the present board shall be for three years. The two new board members provided for in this act shall be appointed, one for two years, and one for three years. Appointees after the appointments provided herein shall serve for three years, and until their successors shall have been duly appointed and qualified. Vacancies shall be filled by the governor within thirty days.

      Sec. 2.  Section 2 of the above-entitled act, being 1929 N. C. L., section 1081, is hereby amended to read as follows:


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ê1949 Statutes of Nevada, Page 656 (Chapter 322, AB 358)ê

 

      Section 2.  The board shall hold regular meetings to [examine applicants and the transaction of] transact business, commencing on the first Monday of March, [August and November] September and December in each year. Special meetings may be called by the president [and secretary upon thirty days notice printed in a newspaper of general circulation in the state.] or by any three members, upon thirty days’ written notice. All meetings shall be held in the State of Nevada.

      Sec. 3.  Section 4 of the above-entitled act, being 1929 N. C. L., section 1083, is hereby repealed.

      Sec. 4.  Section 5 of the above-entitled act, being 1929, N. C. L., section 1084, as amended by chapter 90, 1945 Statutes of Nevada, is further amended to read as follows:

      Section 5.  Chiropractic is defined to be the science of palpating and adjusting the articulations of the human spinal column by hand only. [This definition is inclusive, and any and all other methods are hereby declared not to be chiropractic; provided, nothing herein contained shall be construed to prohibit the use by any licensed chiropractor of all necessary electrical, mechanical, and hygienic and sanitary measures incident to the care of the body.]

      Chiropractic-physiotherapy is defined to be the adjustment of the articulations of the human body by hand and with the use of electrical, mechanical, hygienic, and sanitary measures, which measures do not pierce or sever the body tissues. Nothing in this act shall be construed to permit a chiropractor or chiropractic-physiotherapist to practice medicine, surgery, obstetrics, osteopathy, dentistry, optometry, or chiropody.

      Sec. 5.  Section 7 of the above-entitled act, being 1929 N. C. L., section 1086, is hereby amended to read as follows:

      Section 7.  [Anyone desiring an examination shall, at least fifteen days prior to the meeting of the board, make written application to the secretary. Such application shall be accompanied by an examination fee of twenty dollars. The application shall state the name, age, sex, and place of residence of the applicant, the name and location of the school or college from which he or she graduated, the length of time devoted to the study of chiropractic, the date of graduation, together with such other data as the board may require; provided, the schedule of minimum educational requirements to enable any person to practice chiropractic in this state shall be as follows, to wit:

      Anatomy, 600 hours; histology, 100 hours; elementary chemistry and toxicology, 100 hours; physiology, 200 hours; bacteriology, 100 hours; hygiene and sanitation, 100 hours; pathology, 200 hours; diagnosis or analysis, 400 hours; chiropractic theory and practice, 500 hours; obstetrics and gynecology, 100 hours; symptomatology, ..... hours. Total, 2,400 hours.

      In case an applicant fails in the first examination he or she shall be entitled to a second examination without further fee. Application shall be signed and sworn to by the applicant.

      The board shall prepare reasonable questions, and fairly mark and grade the answers thereto, all of which shall be done solely for the purpose of determining whether the applicant is reasonably qualified to practice chiropractic.


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ê1949 Statutes of Nevada, Page 657 (Chapter 322, AB 358)ê

 

purpose of determining whether the applicant is reasonably qualified to practice chiropractic.

      All applicants reasonably qualified to practice chiropractic shall be granted a license.]

      All applicants for a license to practice chiropractic or chiropractic-physiotherapy in Nevada shall be examined semiannually by the board of examiners, as hereinafter provided. Such examinations shall be held commencing on the first Monday of February and of August of each year at such place or places within the State of Nevada as may be fixed by the board.

      All applicants must be bona fide residents of the State of Nevada for a period of at least six months next preceding any such examination. An applicant for examination in February of any year shall file an application prior to the first day of December of the year preceding such examination. An applicant for examination in August of any year shall file an application prior to the first day of June of such year. Applications shall be filed in triplicate with the secretary of said board of examiners, on forms to be furnished by the secretary. Said applications shall be verified, and shall state the following:

      (a) When and where the applicant was born, the various places of his residence, and give at least two references in each place in which he has resided since attaining the age of 21 years.

      (b) The name, age, sex, and place of residence of the applicant.

      (c) The names and post-office addresses of all persons by whom such applicant has been employed for a period of five years immediately preceding the making of such application.

      (d) Whether or not the applicant has ever applied for a license to practice chiropractic or chiropractic-physiotherapy in any other state. If so, when and where, and the results thereof.

      (e) If a naturalized citizen, and when and where naturalized.

      (f) How long the applicant has resided in the State of Nevada, which in any event must be not less than six months next preceding the examination as aforesaid; whether the applicant is a bona fide resident of Nevada, or whether he came to Nevada for the sole purpose of being admitted to the practice of chiropractic or chiropractic-physiotherapy. The applicant shall attach to the application an affidavit of at least three persons, other than relative of the applicant, attesting to his length of residence in the State of Nevada.

      (g) Whether or not the applicant has ever been admitted to the practice of chiropractic or chiropractic-physiotherapy in any other state. If so, and he has been licensed to practice chiropractic or chiropractic-physiotherapy in another state, he shall state whether any discharge, dismissal, disciplinary or other proceedings of a like nature have ever been instituted against him. Such applicant shall also attach a certificate of the secretary of the board of chiropractic examiners of the state in which applicant was last licensed, certifying that the applicant is a member in good standing of the chiropractic or chiropractic-physiotherapy profession in that state, and that no proceedings affecting his standing as a chiropractor or chiropractic-physiotherapist are pending and undisposed of.


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ê1949 Statutes of Nevada, Page 658 (Chapter 322, AB 358)ê

 

      (h) The applicant’s general and chiropractic education, including the schools attended and the time of attendance at each school, and whether or not he is a graduate of any school or schools.

      The applicant must, in addition to the above requirements, furnish satisfactory evidence to the board that he possesses a high school education and is a graduate from a recognized college of chiropractic whose minimum course leading to the degree of Doctor of Chiropractic consists of not less than 2,400 hours and embracing the following subjects: anatomy, histology, elementary chemistry and toxicology, physiology, bacteriology and pathology, hygiene and sanitation, diagnosis and chiropractic analysis, chiropractic theory and practice, and obstetrics and gynecology.

      Any applicant for a license to practice chiropractic-physiotherapy must, in addition to the above requirements, furnish satisfactory evidence to the board that he possesses a high school education and is a graduate from a recognized college of chiropractic and chiropractic-physiotherapy whose minimum course leading to a degree of doctor of chiropractic-physiotherapy consists of not less than 2,800 hours, embracing the following subjects: anatomy, histology, elementary chemistry and toxicology, physiology, bacteriology and pathology, hygiene and sanitation, diagnosis and chiropractic analysis, chiropractic theory and practice, and physiotherapy.

      All applicants for a license to practice chiropractic in the State of Nevada who have not previously been admitted to practice in any other state shall pay to the secretary of the board of examiners the sum of twenty-five ($25) dollars before being entitled to have their applications considered. Applicants who have been previously licensed to practice chiropractic in any other state shall pay to the secretary of the board of examiners the sum of thirty-five ($35) dollars before being entitled to have their applications further considered. In case the applicant fails the first examination he or she shall be entitled to take a second examination without further charges therefor.

      Sec. 6.  Section 9 of the above-entitled act, being 1929 N. C. L., section 1088, is hereby repealed.

      Sec. 7.  Section 10 of the above-entitled act, being 1929 N. C. L., section 1089, is hereby repealed.

      Sec. 8.  Section 12 of the above-entitled act, being 1929, N. C. L., section 1091, is hereby amended to read as follows:

      Section 12.  All moneys collected by said board shall be used by it to defray its legitimate expenses [.] ; provided, however, said board shall file an annual report with the governor, on or before the 1st day of August 1949, and on the 1st day of August of each succeeding year, which report shall show in detail all moneys received from every source whatsoever, and all moneys disbursed, and shall show all transactions of the said board during the year covered by said report. A duly certified copy of said report shall be filed by the board in the office of the secretary of state of the State of Nevada, and when so filed such certified copy shall be a public record and available for inspection or copying by any person.


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ê1949 Statutes of Nevada, Page 659 (Chapter 322, AB 358)ê

 

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

      “An act to create a board of chiropractic examiners and to regulate the practice of chiropractic and chiropractic-physiotherapy and to provide penalties for the violation of this act and to prohibit the practice of any other mode or system under the name of chiropractic,” approved February 19, 1923.

      Sec. 10.  This act shall be in full force and effect from and after its passage and approval.

 

________

 

 

CHAPTER 323, AB 27

Assembly Bill No. 27–Mr. Ryan.

CHAPTER 323

AN ACT to amend an act entitled “An act creating an industrial insurance commission; providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment; relating to the compensation of injured workmen and the compensation of their dependents where such injuries result in death; making premium payments by certain employers compulsory; authorizing the commission created by the act to make such rules and regulations as may be necessary; authorizing the commission to invest the funds provided for; defining and regulating the liability of employers to their employees, and repealing all acts and parts of acts in conflict with this act,” approved March 27, 1947.

 

[Approved March 29, 1949]

 

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

do enact as follows:

 

      Section 1.  Section 9 of the above-entitled act, being section 9, chapter 168, Statutes of Nevada 1947, is hereby amended to read as follows:

      Section 9.  The term “employer” as used in this act shall be construed to mean:

      (a) The state, and each county, city, school district, and all public and quasi-public corporations therein;

      (b) Every person, firm, voluntary association, and private corporation, including any public service corporation, which has any natural person in service;

      (c) The legal representative of any deceased [employee] employer.

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

      Section 10.  The terms “employee” and “workman” are used interchangeably in this act and shall be construed to mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes [;], but not exclusively:

      (a) Aliens and minors;

      (b) All elected and appointed paid public officers;

      (c) All officers and members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay;

 


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ê1949 Statutes of Nevada, Page 660 (Chapter 323, AB 27)ê

 

or private corporations while rendering actual service for such corporations for pay;

      (d) A working member of a partnership receiving wages, irrespective of profits from such partnership;

      (e) Lessees engaged in either mining or operating reduction plant; provided, however, that such lessees shall be deemed employees of the lessor and for the purposes of this act shall be deemed to be employed at the average wage paid to miners employed regularly in the same locality.

      Sec. 3.  Section 30 of said act is hereby amended to read as follows:

      Section 30.  Where an employer has in his service two (2) three (3) or more employees under a contract of hire, except as otherwise expressly provided in this act, the terms, conditions, and provisions of this act for the payment of premiums to the state insurance fund and, except as further otherwise provided, to the accident benefit fund, for the payment of compensation and the amount thereof for such injury sustained by an employee of such employer, shall be conclusive, compulsory, and obligatory upon both employer and employee.

      Sec. 4.  Section 32 of the above-entitled act, being section 32 of chapter 168, Statutes of Nevada 1947, is hereby amended to read as follows:

      Section 32.  If any employer within the provisions of section 30 shall fail to provide and secure compensation under the terms of this act, such employer shall be guilty of a misdemeanor, and shall, upon conviction, be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense.

      If the Nevada industrial commission, or interested employee, shall complain to the district attorney of any county that any employer in his county has violated the provisions of this section, it shall be the mandatory duty of such district attorney to investigate such complaint and if, after such investigation, he shall find that such complaint is well founded, he shall prosecute such employer for such offense, and if the said commission, or interested employee, shall complain to the attorney general of any neglect of any such district attorney in the premises, it shall be the mandatory duty of the attorney general to investigate such complaint and if, after such investigation, he shall find that such complaint is well founded, he shall forthwith institute proceedings against such district attorney as for a misdemeanor or to remove him from office. Said duty of the district attorney and of the attorney general shall be enforced as to procedure in the same manner as is provided in the case of actions for the protection and benefit of employees as provided in sections 2751 and 2752.01, 1929 N. C. L., 1941 Supp.

      Sec. 5.  Section 33 of said act is hereby amended to read as follows:

      Section 33.  Any employer not otherwise coming within the provisions of this act as defined and provided by sections 28 and 30, who employs less than [four (4)] three (3) employees under a contract of hire, may elect to come within the terms, conditions, and provisions of this act by filing with the commission a written statement that he accepts the provisions of the act which, when filed, shall operate to subject him to the provisions of said act and of all acts amendatory thereof, until such employer shall thereafter file in the office of the commission a notice in writing that he withdraws his election; provided, however, that any employer, as in this section provided, having come under this act, who thereafter elects to reject the terms, conditions, and provisions thereof, shall not be relieved from the payment of premiums to the commission prior to the time his notice of rejection becomes effective; and said premiums may be recovered in an action at law as hereinafter in this act provided.


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ê1949 Statutes of Nevada, Page 661 (Chapter 323, AB 27)ê

 

accepts the provisions of the act which, when filed, shall operate to subject him to the provisions of said act and of all acts amendatory thereof, until such employer shall thereafter file in the office of the commission a notice in writing that he withdraws his election; provided, however, that any employer, as in this section provided, having come under this act, who thereafter elects to reject the terms, conditions, and provisions thereof, shall not be relieved from the payment of premiums to the commission prior to the time his notice of rejection becomes effective; and said premiums may be recovered in an action at law as hereinafter in this act provided.

      Sec. 6.  Section 39 of the above-entitled act is hereby amended to read as follows:

      Section 39.  (a) The administration of this act is hereby imposed upon a commission to be known as the “Nevada Industrial Commission”; and said commission, to consist of three (3) commissioners, is hereby created; two of the said commissioners shall be appointed by the governor, and when so appointed the governor shall designate one of said appointees to be the chairman of the commission, and the second appointee, other than he chairman, shall be designated by the governor to act as ex officio labor commissioner. The third commissioner shall be appointed by an industrial commission board which is hereby created, said board to consist of the governor, attorney general and inspector of mines; not more than two of the commissioners shall be members of the same political party at the date of any appointment. Vacancies shall be filled in the same manner for unexpired terms. Each commissioner shall hold office for the term of four (4) years from and after the date of his appointment, and until his successor shall be appointed and shall have qualified; provided, however, that the appointments of the members of the commission heretofore, and prior to the effective date of this act, made pursuant to section 8 of an act entitled “An act relating to the compensation of injured workmen in the industries of this state and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursements of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act,” approved March 15, 1913, as amended by chapter 190, 1915 Statutes of Nevada, page 282, and as amended by chapter 191, 1935 Statutes of Nevada, page 412, and as amended by chapter 136, 1943 Statutes of Nevada, page 186, shall be continued in full force and effect for the remainder of the term of each of said members of the Nevada industrial commission, respectively. A decision on any question arising under the act concurred in by two of the commissioners shall be the decision of the commission.

      (b) The industrial commission board may remove any commissioner for inefficiency, neglect of duty, or misconduct in office, giving him a copy of the charges against him and an opportunity of being publicly heard in person or by counsel in his own defense, upon not less than ten days’ notice.


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ê1949 Statutes of Nevada, Page 662 (Chapter 323, AB 27)ê

 

ten days’ notice. If such commissioner shall be removed, the industrial commission board shall file in the office of the secretary of state a complete statement of all charges made against such commissioner, and the findings thereon, together with a complete record of the proceedings.

      (c) As compensation for their services, the chairman of the commission shall receive the sum of one hundred and fifty dollars ($150) per month, and shall also serve as executive officer of the commission, in charge of the office and affairs of the commission, and shall be entitled to additional compensation for such service, which shall be fixed by the industrial commission board and approved by the governor. The member of the commission herein designated as the second appointee and ex officio labor commissioner shall receive for his services the sum of two hundred dollars ($200) per month. The member of the commission herein designated as the third commissioner shall receive for his services the sum of [two hundred and fifty dollars ($250)] three hundred and fifty dollars ($350) per month. The executive officer of the commission shall not be financially interested in any business interfering or inconsistent with his duties. A member of the commission, or an employee of the commission, shall not serve on any committee of any political party.

      Sec. 7.  Section 40 of the above-entitled act is hereby amended to read as follows:

      Section 40.  The commission shall be in continuous session and open for the transaction of business during all the business hours of each and every day excepting Saturdays, Sundays and legal holidays. All sessions shall be open to the public, and shall stand and be adjourned without further notice thereof on its records. All proceedings of the commission shall be shown on its records which shall be a public record and shall contain a record of each case considered and the award made with respect thereto, and all voting shall be had by the calling of each member’s name by the secretary, and each vote shall be considered as cast.

      Sec. 8.  Section 59 of the above-entitled act is hereby amended to read as follows:

      Section 59.  [(a)] Every employee in the employ of an employer within the provisions of this act, who shall be injured by accident arising out of and in the course of employment, or his dependents as hereinafter defined, shall be entitled to receive the following compensation:

      (a) If the injury causes death, the compensation shall be known as a death benefit, and shall be payable in the amount to and for the benefit of the following:

      (1) Burial expenses, not to exceed three hundred fifty dollars ($350), in addition to the compensation payable under this act. When the remains of the deceased is to be transported to a mortuary or mortuaries, and the distance is over fifteen (15) miles, the charge of this transportation shall be borne by the Nevada industrial commission subject to their approval.


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ê1949 Statutes of Nevada, Page 663 (Chapter 323, AB 27)ê

 

      (2) To the widow, if there is no child, forty