[Rev. 6/2/2018 8:59:10 AM]

Link to Page 200

 

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

ê1955 Statutes of Nevada, Page 201ê

 

CHAPTER 149, SB 3

Senate Bill No. 3–Senator Lovelock

CHAPTER 149

AN ACT relating to the disposition of unclaimed funds held and owing by life insurance companies; defining certain words and terms; providing certain duties of life insurance companies and the commissioner of insurance; providing for the custody of unclaimed funds, the idemnification of insurers and reimbursement for claims paid by insurers; creating a special trust fund and providing for its administration; and other matters properly relating thereto.

 

[Approved March 19, 1955]

 

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

do enact as follows:

 

      Section 1.  Short Title. This act shall be known as the Unclaimed Funds Act for Life Insurance Companies.

      Sec. 2.  Scope. This act shall apply to unclaimed funds, as defined in section 3 hereof, of any life insurance company doing business in this state where the last-known address, according to the records of the company, of the person entitled to the funds is within this state, provided that if a person other than the insured or annuitant be entitled to the funds and no address of such person be known to the company, or if it be not definite and certain from the records of the company what person is entitled to the funds, then in either event it shall be presumed for the purposes of this act that the last-known address of the person entitled to the funds is the same as the last-known address of the insured or annuitant according to the records of the company.

      Sec. 3.  Definitions.

      1.  As used in this act:

      (a) “Commissioner” means the commissioner of insurance.

      (b) “Life insurance company” means any association or corporation, including a fraternal benefit society as defined by section 1 of chapter 217, Statutes of Nevada 1949, transacting within this state the business of insurance on the lives of persons or insurance appertaining thereto, including, but not by way of limitation, endowments and annuities.

      (c) “Unclaimed funds” means all moneys held and owing by any life insurance company doing business in this state which shall have remained unclaimed and unpaid for 7 years or more after it is established from the records of the company that such moneys became due and payable under any life or endowment insurance policy or annuity contract which has matured or terminated.

      2.  A life insurance policy not matured by actual proof of the prior death of the insured shall be deemed to be matured and the proceeds thereof shall be “due and payable” within the meaning of this act if the policy is in force when the insured shall have attained the limiting age under the mortality table on which the reserve is based.

      3.  Moneys otherwise admittedly due and payable shall be deemed to be “held and owing” within the meaning of this act although the policy or contract shall not have been surrendered as required.

      Sec. 4.  Reports.

      1.  Every life insurance company shall on or before May 1 of each year make to the commissioner a written report of all unclaimed funds, as defined in section 3, held and owing by it on December 31 next preceding, but the report shall not be required to include amounts of less than $5 which on the effective date of this act shall have been unclaimed and unpaid for more than 10 years, or amounts which have been paid to another state or jurisdiction prior to the effective date of this act.


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

ê1955 Statutes of Nevada, Page 202 (Chapter 149, SB 3)ê

 

year make to the commissioner a written report of all unclaimed funds, as defined in section 3, held and owing by it on December 31 next preceding, but the report shall not be required to include amounts of less than $5 which on the effective date of this act shall have been unclaimed and unpaid for more than 10 years, or amounts which have been paid to another state or jurisdiction prior to the effective date of this act.

      2.  The report shall be signed and sworn to by an officer of the company and shall set forth:

      (a) In alphabetical order the full name of the insured or annuitant, his last-known address according to the company’s records, and the policy or contract number.

      (b) The amount appearing from the company’s records to be due on the policy or contract.

      (c) The date the unclaimed funds became payable.

      (d) The name and last-known address of each beneficiary or other person who, according to the company’s records, may have an interest in the unclaimed funds.

      (e) Such other identifying information as the commissioner may require.

      Sec. 5.  Notice of Unclaimed Funds: Publication.

      1.  On or before September 1 following the making of the reports under section 4, the commissioner shall cause to be published notices based on the information contained in the reports and entitled “Notice of Certain Unclaimed Funds Held and Owing by Life Insurance Companies.” Such a notice shall be published once a week for 2 successive weeks in a newspaper published or having a general circulation in each county of this state in which is located the last-known address of a person appearing to be entitled to such funds.

      2.  Each notice shall set forth in alphabetical order the names of the insureds or annuitants under policies or contracts where the last-known address of the person appearing to be entitled to such funds is in the county of publication or general circulation, together with:

      (a) The amount reported due and the date it became payable.

      (b) The name and last-known address of each beneficiary or other person who, according to the company’s reports, may have an interest in the unclaimed funds.

      (c) The name and address of the company.

      3.  The notice shall also state that the unclaimed funds will be paid by the company to persons establishing to its satisfaction before the following December 1 their right to receive the same, and that not later than the following December 20 such unclaimed funds still remaining will be paid to the commissioner who shall thereafter be liable for the payment thereof.

      4.  It shall not be obligatory upon the commissioner to publish any item of less than $50 in such notice, unless the commissioner deems such publication to be in the public interest.

      5.  The expenses of publication shall be charged against the special trust fund provided for in section 9.

      Sec. 6.  Payment to Commissioner.


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

ê1955 Statutes of Nevada, Page 203 (Chapter 149, SB 3)ê

 

      1.  All unclaimed funds contained in the report required to be filed by section 4, excepting those which have ceased to be unclaimed funds, shall be paid over to the commissioner on or before the following December 20.

      2.  The commissioner shall have the power, for cause shown, to extend for a period of not more than 1 year the time within which a life insurance company shall file any report and in such event the time for publication and payment required by this act shall be extended for a like period.

      Sec. 7.  Custody of Unclaimed Funds in State; Insurers Indemnified. Upon the payment of unclaimed funds to the commissioner, the state shall assume, for the benefit of those entitled to receive the same and for the safety of the money so paid, the custody of the unclaimed funds, and the life insurance company making such payment shall immediately and thereafter be relieved of and held harmless by the state from any and all liability for any claim or claims which exist at such time with reference to the unclaimed funds or which thereafter may be made or may come into existence on account of or in respect to any such unclaimed funds.

      Sec. 8.  Reimbursement for Claims Paid by Insurers. Any life insurance company which has paid moneys to the commissioner pursuant to the provisions of this act may make payment to any person appearing to such company to be entitled thereto and upon proof of such payment the commissioner shall forthwith reimburse such company for such payment out of the special trust fund in his custody or, in the event the special trust fund shall be insufficient, out of the general fund of the state.

      Sec. 9.  Special Trust Fund: Administration. Upon receipt of any unclaimed funds from life insurance companies by the commissioner, he shall pay forthwith three-fourths of the amount thereof into the general fund of the state for the use of the state. The remaining one-fourth shall be administered by him as a special trust fund for the purposes of this act, and deposited in the manner provided by law for the deposit of such funds. At the end of each calendar year, any unclaimed funds which shall have been a part of such special trust fund for a period of 7 years or more shall be paid into the general fund of the state for the use of the state, provided that the special trust fund shall never be so reduced to less than $1,000.

      Sec. 10.  Determination and Review of Claims. Any person claiming to be entitled to unclaimed funds paid to the commissioner may file a claim at any time with the commissioner. The commissioner shall possess full and complete authority to accept or reject any such claim. If he rejects a claim or fails to act thereon within 90 days after receipt of the claim, the claimant may make application to the district court of Ormsby County, upon not less than 30 days’ notice to the commissioner, for an order to show cause why he should not accept and pay the claim.

      Sec. 11.  Payment of Allowed Claims. Any claim which is accepted by the commissioner or ordered to be paid by him by a court of competent jurisdiction shall be paid out of the special trust fund in his custody or, in the event such special trust fund shall be insufficient, it shall be paid out of the general fund of the state.


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

ê1955 Statutes of Nevada, Page 204 (Chapter 149, SB 3)ê

 

custody or, in the event such special trust fund shall be insufficient, it shall be paid out of the general fund of the state.

      Sec. 12.  Records Required. The commissioner shall keep in his office a public record of each payment of unclaimed funds received by him from any life insurance company. The record shall show in alphabetical order the name and last-known address of each insured or annuitant, and of each beneficiary or other person who, according to the company’s reports, may have an interest in such unclaimed funds, and with respect to each policy or contract, its number, the name of the company, and the amount due.

      Sec. 13.  Other Acts not Applicable. No other statute of this state relating to escheat or unclaimed funds now in force shall apply to life insurance companies, nor shall any such statute hereafter enacted so apply unless specifically made applicable by its terms.

      Sec. 14.  Effective Date. This act shall become effective on July 1, 1955.

 

________

 

 

CHAPTER 150, SB 49

Senate Bill No. 49–Senators Whitacre, Brown, Seevers and Munk

CHAPTER 150

AN ACT to amend the title of and to amend an act entitled “An Act to provide for the counting of cash and moneys, funds and securities, in the state treasury, providing for certain statements relative thereto, and imposing certain duties on the state treasurer, state bank examiner, state auditor, chairman of the Nevada industrial commission, and board of examiners and other matters relating thereto,” approved January 31, 1928.

 

[Approved March 19, 1955]

 

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 12, Statutes of Nevada 1928, at page 12, also designated as sections 7045 to 7048, inclusive, N.C.L. 1929, is hereby amended to read as follows:

      An Act to provide for the counting of cash and moneys, funds and securities, in the state treasury, providing for certain statements relative thereto, and imposing certain duties on the state treasurer, director of the budget, legislative auditor, chairman of the Nevada industrial commission, and board of examiners and other matters relating thereto.

      Sec. 2.  Section 1 of the above-entitled act, being section 7045, N.C.L. 1929, is hereby amended to read as follows:

      Section 1.  Whenever the board of examiners shall count the moneys in the treasury, as now required by law, there shall be present also the chairman of the Nevada industrial commission, the director of the budget, legislative auditor, and a majority of the board of examiners, and such board and officers shall count all moneys and securities in the treasury belonging to the State, or to any department thereof, and all moneys and securities of the Nevada industrial commission, and all other moneys and securities of which the state treasurer is custodian. When the count of state moneys, funds, and securities is completed the board of examiners and the officers shall make an affidavit and file the same in the office of the secretary of state, showing the actual amount of money in the treasury, or in the custody of the state treasurer, in cash, the amount of moneys on deposit in banks, listing each depositary bank and the amounts on deposit, and the securities therein, separately; a complete itemized list of all securities deposited with the state treasurer, or in the state treasury, or of which the state treasurer is custodian, showing the person, firm, corporation, department, or commission from whom the state treasurer holds such moneys, funds, or securities.


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

ê1955 Statutes of Nevada, Page 205 (Chapter 150, SB 49)ê

 

completed the board of examiners and the officers shall make an affidavit and file the same in the office of the secretary of state, showing the actual amount of money in the treasury, or in the custody of the state treasurer, in cash, the amount of moneys on deposit in banks, listing each depositary bank and the amounts on deposit, and the securities therein, separately; a complete itemized list of all securities deposited with the state treasurer, or in the state treasury, or of which the state treasurer is custodian, showing the person, firm, corporation, department, or commission from whom the state treasurer holds such moneys, funds, or securities. The affidavit shall be filed with the secretary of state and when so filed shall be and become a public record. A copy of such affidavit shall be forthwith mailed to every depository bank in which the state treasurer has on deposit moneys of the state, and a copy thereof shall be delivered to the Nevada industrial commission, a copy to the director of the budget, and a copy to the legislative auditor. The director of the budget and the legislative auditor shall each execute a surety bond, payable to the state, in the sum of $2,500, conditioned for the faithful performance of all duties which may be required of them by law.

      Sec. 3.  Section 2 of the above-entitled act, being section 7046, N.C.L. 1929, is hereby amended to read as follows:

      Section 2.  It shall be unlawful for the board of examiners, or any member thereof, the chairman of the Nevada industrial commission, the director of the budget and the legislative auditor to count as cash or moneys in the state treasury anything but actual money and cash in the state treasury, or moneys on deposit in depository banks secured as provided by law.

      Sec. 4.  Section 3 of the above-entitled act, being section 7047, N.C.L. 1929, is hereby amended to read as follows:

      Section 3.  If any member of the board of examiners, or the chairman of the Nevada industrial commission, or the director of the budget, or legislative auditor shall willfully fail to perform the duties imposed under the provisions of this act for three successive months, or shall willfully neglect or refuse to perform any duty enjoined hereunder, or under the provisions of any law relating to the duties of members of the board of examiners relative to the counting of cash and moneys in the state treasury, he shall be deemed guilty of misdemeanor in office.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 206ê

 

CHAPTER 151, SB 91

Senate Bill No. 91–Senator Lovelock

CHAPTER 151

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 19, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 23 of the above-entitled act, being chapter 189, Statutes of Nevada 1941, at page 468, as amended by chapter 62, Statutes of Nevada 1949, at page 73, is hereby amended to read as follows:

      Section 23.  (1)  Upon complying with the provisions of this article, a foreign or alien company domiciled in any other state shall be permitted to enter this state; provided, that the qualifications for their admittance to do business in this state shall be equal to the present existing capital and/or surplus qualifications if any for a similar company entering the state in which such company is domiciled; and provided further, that the capital and/or surplus requirements of such company desiring to enter this state shall be at least equal to the capital and/or surplus requirements, if any, for similarly organized domestic companies under this act; and provided further, that any such company authorized to write insurance classified under this act as class 1(b) or class 2(a) section 5 on an assessment basis may be permitted to enter this state if it meets the following qualifications:

      (a) Is authorized to operate on an assessment basis under the laws of the state of organization;

      (b) Has been writing such insurance on this basis under the laws of the state of organization for a period of fifteen years;

      (c) Has and maintains a loss reserve which is the equivalent of that required by section 102 of this act;

      (d) Policy benefits do not exceed $15,000;

      (e) Policy provisions are in accord with the requirements of article 12 of this act;

      (f) Has not less than fifty policyholders who are residents of this state;

      (g) Is financially responsible and has a good record on the payment of claims for the ten years immediately preceding application;


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

ê1955 Statutes of Nevada, Page 207 (Chapter 151, SB 91)ê

 

      (h) Is and has been well managed for the ten years immediately preceding application;

      (i) Provisions (g) and (h) above are certified to by the commissioner, director of insurance, or other chief insurance official of the state of organization.

      Provided further, that a nonprofit hospital association may be admitted subject to the provisions of this act upon statement from the proper state official that such hospital association has properly qualified under the laws of its state of domicile.

      (2)  No company not incorporated in the United States shall be permitted to transact an insurance business in this state unless the same shall have deposited or invested for the benefit of its policyholders or policyholders and creditors in the United States, in at least one (1) state, the sum equal to two hundred thousand ($200,000) dollars, in excess of its liabilities in the United States.

      (3)  No foreign or alien company shall transact in this state any insurance business not classified under section 5.

      (4)  No license or certificate of authority to do an insurance business shall be issued to any state, province or foreign government, or to any instrumentality, political subdivision or agency thereof.

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

 

________

 

 

CHAPTER 152, SB 118

Senate Bill No. 118–Senator Brown

CHAPTER 152

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

 

[Approved March 19, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 18 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, at page 155, as last amended by chapter 193, Statutes of Nevada 1951, at page 286, is hereby amended to read as follows:

      Section 18.  Claims, Accounts and Demands-Filing Notice of-Warrants, How Issued-Final Statements-Publication of.  The city manager shall audit all accounts or claims against the city, but before payment all accounts shall be approved by the board of commissioners, and no money shall be paid for any purpose except upon order executed by the mayor and attested by the city clerk upon order of the board, except as otherwise hereinafter provided, and the commissioners shall cause complete and full records of all such claims and transactions to be kept by the city comptroller in books secured for that purpose, and the board of commissioners shall cause to be posted in three public places in the city of Las Vegas once each month, the amount of bills allowed by them, together with the names of the persons to whom such allowances are made and for what such allowances are made.


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

ê1955 Statutes of Nevada, Page 208 (Chapter 152, SB 118)ê

 

amount of bills allowed by them, together with the names of the persons to whom such allowances are made and for what such allowances are made. Said board of commissioners shall require a statement to be published, or cause to be posted, as may be designated by them, in January, April, July and October of each year showing a full and clear and complete statement of all taxes and other revenue collected and expended during the preceding quarter, indicating the respective sources from which the moneys are derived, and also indicating the disposition made thereof, and all outstanding bonds and other obligations.

      No demand or account, arising out of contract, express or implied, shall be heard, considered, audited, approved, allowed or paid unless a written notice thereof, duly authenticated, and in such form and containing such information relative to such demand or account as the board of commissioners shall prescribe, shall have been first presented to and filed with the city comptroller within six months from the time the last item of such demand or account shall have become due and payable; nor shall any claim, arising in tort, be heard, considered, audited, approved, allowed or paid unless a written notice thereof, duly authenticated, and in such form and containing such information relative to such claim as the board of commissioners shall prescribe, shall have been first presented to and filed with the city clerk within six months from the time the acts from which said claim arose shall have occurred. No notice of demand, account or claim heretofore or hereafter presented and filed shall be deemed valid so as to authorize the consideration, auditing, approval, allowance or payment of such demand, account or claim unless the provisions of any ordinance relative to and in effect at the time of the presentation and filing of such notice shall have been strictly complied with; provided, such ordinance otherwise conforms with the requirements of this section. Provided, that the board of commissioners shall have the authority to approve in advance the payment of salaries and wages to employees of the city for the next succeeding pay period in an amount certified by the comptroller to be the estimated sums required for such payments based on the current payroll status of persons employed by the city. Warrants for such payroll disbursements shall be drawn by the comptroller, and certified by the city treasurer.

      Sec. 2.  Section 29 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, at page 157, as last amended by chapter 132, Statutes of Nevada 1949, at page 232, is hereby amended to read as follows:

      Section 29.  The Municipal Court-Jurisdiction of-Procedure in Qualifications of Municipal Judge.  The municipal court shall be presided over by a municipal judge. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justice of the peace, wherein any person or persons are charged with a breach or violation of the provisions of any ordinance of said city or of this act, or of a violation of a municipal nature, and the said court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of the said city, and be governed by the same rules and receive the same fees as are now or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury.


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

ê1955 Statutes of Nevada, Page 209 (Chapter 152, SB 118)ê

 

peace in both civil and criminal matters arising and triable within the limits of the said city, and be governed by the same rules and receive the same fees as are now or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury. The said court shall have jurisdiction to hear, try, and determine all cases whether civil or criminal, for the breach or violation of any city ordinance or any provision of this act of a police nature, and shall hear, try, and determine, acquit, convict, commit, fine, punish, or hold to bail in accordance with the provisions of such ordinances or of this act. The practice and proceedings of the said court shall conform, as nearly as practicable, to the practice and proceedings of the justice courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or by the payment thereof enforced by imprisonment in the city jail of said city at the rate of one day for every two dollars of such fine, or said court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets of said city at a rate of two dollars for each day of the sentence which shall apply on such fine until the same shall be exhausted or otherwise satisfied. Said court shall have jurisdiction of actions for the collection of taxes and assessments levied for city purposes, by the city for such services, when the principal sum claimed does not exceed three hundred dollars; also, actions to foreclose liens in the name of the city for the nonpayment of such taxes, assessments, and charges where the principal sum claimed does not exceed three hundred dollars; also, of actions for the collection of any money payable to the city when the principal sum claimed does not exceed three hundred dollars; and actions for damage in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from said court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also, the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment. or levy shall necessarily be an issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided for by law for certifications of causes by justice courts. The said court shall have jurisdiction of the following offenses committed within the city which either violate the peace and good order of the city or the peace and quietude of an individual or individuals, or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, driving any vehicle while under the influence of intoxicating liquors, fighting, quarreling, dogfights, cockfights, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior and all disorderly, offensive, or opprobrious conduct and all other offenses under ordinances of the city.


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

ê1955 Statutes of Nevada, Page 210 (Chapter 152, SB 118)ê

 

property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior and all disorderly, offensive, or opprobrious conduct and all other offenses under ordinances of the city. The said court shall be treated and considered as a justice court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs, and process necessary to a complete and effective exercise of the powers and jurisdiction of said court and for the enforcement of its judgment, and may punish for contempt in like manner and with the same effect as if provided by the general law for justice of the peace. The municipal judge shall keep a docket in which shall be entered all official business in like manner as in justice courts. He shall render monthly or oftener, as the commissioners may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed and uncollected, since his last report, and shall at the same time render and pay unto the city treasurer all fines collected and moneys received on behalf of the city since his last report. In all cases in which the municipal judge shall by reason of being a party, or being interested, or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence, or inability to act, any justice of the peace of said county, or any person who possesses the qualification prescribed by this act for the office of municipal judge, on the written request of the mayor, may act in the place and stead of such municipal judge, and the commissioners shall have the power to apportion ratably the salary or compensation of such municipal judge to such person so serving, and deduct the sum so apportioned from the salary of such municipal judge, provided, that the commissioners shall not apportion ratably the salary or compensation of the municipal judge to such person so serving, and deduct the sum so apportioned from the salary of such municipal judge, for a period of absence on leave or vacation authorized by the commissioners, and, in that event, the person so serving in the place and stead of the municipal judge shall receive such compensation as the commissioners shall prescribe. Appeals to the district court may be taken from any final judgment of said municipal court in the same manner and with the same effect as in cases of appeal from justice courts in civil and criminal cases, as the case may be. All warrants, writs, and process issued by the municipal court shall run to any sheriff or constable of the county or the marshal or policeman of the city.

      Sec. 3.  Section 31 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, at page 160, as last amended by chapter 314, Statutes of Nevada 1953, at page 526, is hereby amended to read as follows:

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

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


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

ê1955 Statutes of Nevada, Page 211 (Chapter 152, SB 118)ê

 

execution of all powers vested in the city, and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine in any sum not to exceed five hundred ($500) dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment, and in addition thereto the punishment may include any other penalty provided by statute for the same or similar offense against the statutes of the State of Nevada.

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

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

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

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

      Said board shall have the power, in addition to the powers elsewhere conferred upon said board, either individually or jointly with other municipalities, to establish, construct, purchase, otherwise acquire, improve, extend, and better a sanitary sewer system, storm sewer system, or joint sanitary and storm sewer system, sanitary sewers, waste mains, storm drains, storm sewers, sewer disposal plants, a supply of water, a municipal water works, other water facilities, electric light and power plants, transmission lines, and other electric facilities, or other public utilities, streets, alleys, and other public highways, highway viaducts, overpasses, subways, underpasses, public parks, playgrounds, swimming pools, auditoriums, convention halls, amusement halls, golf courses, recreation centers, other recreational facilities, a city hall, fire extinguishing equipment, and buildings therefor, buildings for other municipal facilities and activities, to acquire a suitable site or grounds for any of said facilities, to equip and furnish the same, and to issue bonds therefor, at one time, or from time to time, which bonds shall be of convenient denominations, shall mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal or substantially equal amounts of principal and interest, commencing not later than 3 years from the date of the bonds and ending not later than 25 years from said date, and shall bear interest at the rate of not more than 7 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals.


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

ê1955 Statutes of Nevada, Page 212 (Chapter 152, SB 118)ê

 

from time to time, which bonds shall be of convenient denominations, shall mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal or substantially equal amounts of principal and interest, commencing not later than 3 years from the date of the bonds and ending not later than 25 years from said date, and shall bear interest at the rate of not more than 7 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals. Said bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed without injury to the bonds. The bonds shall be signed by the mayor and countersigned by the city clerk.

      Before issuing said bonds, the said board shall publish a notice at least once a week, on the same day of the week, for at least three consecutive weeks in some newspaper published within said city, calling for the submission of a question authorizing the issuance of such bonds to the regularly qualified electors of the city at a general or special election. Such notice shall state the amount of the proposed bond issue, that said bonds shall bear a rate of interest not to exceed 7 percent per annum, the time and the manner of their payment, and that they are for a purpose therein designated. The board shall cause a sufficient number of ballots to be printed which shall bear substantially the following words: “…..........................bonds-Yes” and “…..........................bonds-No,” printed thereon in parallel lines one above the other. The voter will stamp a cross or capital X in the square after the word “No,” if opposed to the bond issue and after the word “Yes,” if in favor of the issue. The election shall be conducted and the votes canvassed and announced in all several particulars as in other elections.

      If the majority of the votes cast are in favor of the issuance of the bonds, the said board of commissioners shall proceed at once to issue them as rapidly as needed in conformity with the provisions of this act.

      Said bonds shall be sold at not less than their par value. The said board shall provide for the payment of said bonds and the interest thereon at the time of regular tax levy for state and county and city purposes by levying an additional tax upon the property, real and personal, within the limits of the city, sufficient in their judgment to pay the principal of and the interest on said bonds as the same become due. Said taxes shall be assessed and collected the same as other taxes paid to the county treasurer and by him placed in a fund appropriately designated and solely used for the redemption of the principal of and the interest on said bonds, and any prior redemption premium due in connection therewith. All facilities or improvements constructed under the provisions of this act shall be constructed under the supervision and control of the said board. The material may be purchased and work caused to be done directly by the board or it may advertise for plans and specifications and bids for construction as they may see fit.


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

ê1955 Statutes of Nevada, Page 213 (Chapter 152, SB 118)ê

 

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

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

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

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

      10.  To fix, impose, and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions, and business, whatsoever, conducted in whole or in part within the city, including, but not limited to, all theaters, theatrical, or melodeon performances and performances of any, every, and all kinds for which an admission fee is charged; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements; provided, upon written application of any executive officer of any local post or unit of any national organization of ex-service men, acting in his official capacity, such license or licenses shall be issued without charge for not to exceed two weeks in any calendar year, where the local post or unit is to participate in such show or the proceeds thereof; hotels, auto camps, restaurants, chophouses, cafes, eating houses, lunch counters, lodginghouses, accommodating four or more lodgers, manufacturers, laundries, livery stables, garages, automobiles and motor sales agencies, vulcanizing shops, battery service shops, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed brickyards, manufacturers of concrete blocks, street railway companies operating in whole or in part within the city; auctioneers, stockbrokers, and stock exchanges; grocers, merchants of any, every, and all kinds, trades and traders of all kinds, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, ice dealers, refrigerating plants, ice manufacturers, sewing machine agents, marble and stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, when separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, newspapers or publications, advertising agencies, insurance companies, building and loan associations and companies, fire, life, and accident insurance companies, and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dying establishments, all billiard or pool games, or other or any table games played with cue or balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water, and power companies, bankers, brokers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, ore purchaser or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshments or coffee stands, booths and sheds, dry goods stores of every and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards, and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation, or profession.


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

ê1955 Statutes of Nevada, Page 214 (Chapter 152, SB 118)ê

 

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

      Within said city to regulate, prescribe the location of, or prohibit, and suppress all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and all places to which persons resort for lewd or lascivious purpose or purposes of lewdness or prostitution, and dance houses.

      To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state, street fakers, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brickyards, livery, feed or sales stables, cattle or horse corrals, foundries and machine shops, dog fights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests.

      To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress taverns, saloons, barrooms, and all establishments dealing in the sale of liquor whether for consumption on or off the premises.

      To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress games, gaming houses, gambling, as allowed by law, in all its various forms.

      11.  To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose, and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, taxis, express wagons, drays, job wagons and other public vehicles, and to regulate their charges, and to require schedule of charges to be posted in or upon such public vehicles.


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

ê1955 Statutes of Nevada, Page 215 (Chapter 152, SB 118)ê

 

their charges, and to require schedule of charges to be posted in or upon such public vehicles. To fix, impose, and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns and other businesses.

      12.  To lay out, establish, open, alter, widen, extend, narrow, vacate either on its own motion or as prescribed by the general law of the state, the streets, alleys, avenues, public ways, sidewalks, parks, and public grounds, or improve the same by macadamizing, remacadamizing, concreting, reconcreting, oiling, reoiling, curbing, recurbing, grading, regrading, graveling, regraveling, paving, repaving, draining, parking, reparking, cleaning, repairing, lighting, relighting, surfacing, resurfacing, or in any other way improve the same, and by ordinance, resolution, or order require and provide for such improvements. To install, reinstall, construct, reconstruct, acquire, repair sewers, storm sewers, drains, storm drains, disposal plants and waste mains therefrom, and otherwise improve the same; to require the occupant or owner of improved property to connect his premises to the municipal sewage disposal system if the same be immediately adjacent to such property on a public street or alley and to provide for the punishment of such owner or occupant for failure to make such connection; to fix, impose, and collect a charge and fee to be paid in advance by the occupant or owner of the premises served by or through said sewage disposal system, such charge and fee to become and be a lien on the lot and premises so served, and, in addition to all other remedies allowed by law for the collection of such charge and fee, the lien therefor may be enforced in the manner provided by law, and the sewer connection may be disconnected and service discontinued until the delinquent charge and fee together with the cost for disconnection and reconnection is paid, and a license for the conduct of any business in said premises may be refused unless said charge and fee is paid.

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

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

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

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

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

      18.  To regulate or prohibit traffic and sale upon the streets, sidewalks, and in public places, including the power to acquire, install, maintain, operate and regulate parking meters at the curbs of the city streets and upon any other property acquired for the purpose of establishing off-street public parking facilities for vehicles. The parking fees to be charged for the use of the parking facilities regulated by such meters shall be fixed by ordinance. The commissioners shall have the power to acquire property within the city by any lawful means, including eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. The commission may issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper, and the commission may in such bonds pledge the general credit of the city to secure the payment of the principal thereof and interest thereon.


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

ê1955 Statutes of Nevada, Page 216 (Chapter 152, SB 118)ê

 

for the purpose of acquiring such property and erecting such improvements thereon as may be proper, and the commission may in such bonds pledge the general credit of the city to secure the payment of the principal thereof and interest thereon.

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

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

      21.  To provide for the collection, removal, hauling, conveying, transporting or disposal of garbage, rubbish, dirt, ashes, offal, refuse, dead animals, and any offensive matter from public or private property by contract or otherwise; to regulate the collection, removal, hauling, conveying, transporting, disposal, or burning of the same, and to prohibit such collection, removal, hauling, conveying, transporting, disposal, or burning by any person or persons other than the city or its duly authorized contractor and his or its agents, servants, and employees; to fix, impose, and collect a charge and fee to be paid by the occupants or owners or premises from which such collection, removal, hauling, conveying, transporting, and disposal is made. Provided, however, that the city shall not maintain any dump for the open-air disposal or burning of rubbish or refuse within three miles of the city limits.

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

      23.  To regulate or prevent the flying of flags, banners, or signs across the street, or from buildings.

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

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

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

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

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

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

 


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

ê1955 Statutes of Nevada, Page 217 (Chapter 152, SB 118)ê

 

noises for the purpose of business, amusements, or otherwise, and to prevent all orations, harangues, loud outcries, performances, and devices tending to the collection of persons on the streets or sidewalks.

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

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

      32.  To require every railroad and street railway company to keep the streets in repair between the tracks and along and within two feet upon each side of the tracks, and to require all street railway companies to sprinkle the streets between their tracks, and for a reasonable distance on each side thereof.

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

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

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

      36.  To grant an exclusive franchise to any person, firm, association, or corporation to operate and maintain a bus line in the city of Las Vegas, such franchise to be granted only upon terms which shall be advantageous to the city of Las Vegas; and the board of commissioners shall have the right to fix and prescribe the fare to be charged by the person, firm, association, or corporation procuring such franchise, or operating and maintaining such bus line.

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

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

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

 


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

ê1955 Statutes of Nevada, Page 218 (Chapter 152, SB 118)ê

 

or other lighting works in the city, and to give such person, company, or association the privilege of furnishing light for the public building, streets, sidewalks, and alleys of said city.

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

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

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

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

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

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

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

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

      48.  To establish markets and market houses and to provide for the regulation and use thereof.

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

 


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

ê1955 Statutes of Nevada, Page 219 (Chapter 152, SB 118)ê

 

fish, butter, cheese, lard, vegetables, and all other provisions, and regulate the selling of the same.

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

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

      52.  To provide for the inspection and scaling of weights and measures.

      53.  To enforce the keeping and use of proper weights and measures by vendors. To provide for and regulate the manner of weighing all food products and foodstuffs, and hay, grain, straw, ice and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures, duly tested and sealed, and appoint the necessary officers therefor.

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

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

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

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

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


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

ê1955 Statutes of Nevada, Page 220 (Chapter 152, SB 118)ê

 

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

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

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

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

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

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

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

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

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

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

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

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


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

ê1955 Statutes of Nevada, Page 221 (Chapter 152, SB 118)ê

 

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

      71.  To prohibit cruelty to animals.

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

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

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

      75.  To provide for the punishment of all vagrants, mendicants, and persons found in said city without visible means of support or some legitimate business.

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

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

      78.  To declare by ordinance that any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the city of Las Vegas whenever such offense is committed within the boundaries of said city.

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


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

ê1955 Statutes of Nevada, Page 222 (Chapter 152, SB 118)ê

 

of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.

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

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

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

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

      84.  Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law, and all rights of eminent domain may be exercised by the city in relation thereto, including the right to condemn, appropriate and use real and personal property either alone or jointly with any other incorporated city, the county of Clark, or other municipal corporation beyond the corporate limits for water facilities, including pumping plants, water lines, water distribution system, sewer plants, sewer effluent, sewage disposal lines and appurtenances thereto.

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

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

      87.  To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, conduits, ditches, signal bells, warning signs, and other electrical, telegraph, and mechanical appliances in, along, over, under and across the streets, alleys, and public places; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or the extinguishment of fires, or permanently with the free use of the streets, sidewalks, alleys or public places.


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

ê1955 Statutes of Nevada, Page 223 (Chapter 152, SB 118)ê

 

signs, and other electrical, telegraph, and mechanical appliances in, along, over, under and across the streets, alleys, and public places; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or the extinguishment of fires, or permanently with the free use of the streets, sidewalks, alleys or public places.

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

      89.  Whenever ten (10) per centum or more of the qualified voters resident within the corporate limits of the city of Las Vegas, as shown by the number of votes cast for mayor at the last preceding election at which a mayor was elected for such city, shall by petition, in writing, presented to such board, express their wish that any act be done or ordinance be passed, the board of commissioners shall cause a special election to be held as provided by law, unless the submission of such proposition or propositions, at the next general, city, county, or state election, may appear to such board more practicable and economical. Such proposition, or propositions, shall be submitted to the people at such general or special election, as the case may be, in a brief and concise manner so as to be readily understood by the ordinary person of common understanding, and if a special election, it shall be conducted in the manner now provided by law for the conduct of special elections; provided, however, the said board may, at its discretion, give effect to such wish by appropriate action in that behalf if within the limits of the powers granted by this act. At the conclusion of any election at which any proposition or propositions were so submitted to the people, said board is hereby authorized, empowered, and directed to give, by such appropriate act as may be necessary, full force and effect to each, all and every choice or wish so expressed at such election if within the limits of powers granted by this act.

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

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


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

ê1955 Statutes of Nevada, Page 224 (Chapter 152, SB 118)ê

 

      Sec. 4.  Section 41 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, at page 172, as last amended by chapter 99, Statutes of Nevada 1947, at page 332, is hereby amended to read as follows:

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

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

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

      Sec. 5.  Section 44 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, at page 174, as last amended by chapter 99, Statutes of Nevada 1947, at page 333, is hereby amended to read as follows:

      Section 44.  Duties of the City Treasurer.  The city treasurer shall receive all money belonging to the city, including all money collected and received by any office or officer of the city under the authority and by the direction of this act or any ordinance for taxes, license fees, garbage removal and disposal fees, fines, and for other purposes, and shall keep an accurate and detailed account thereof, in such a manner as provided in this act, or as the board from time to time may by ordinance direct, and he shall collect special taxes and assessments as provided by law and ordinance.

      Sec. 6.  Section 47 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, at page 174, is hereby amended to read as follows:

      Section 47.  Receipts for Payments.  The treasurer shall give to every person paying money into the city treasury a receipt therefor, specifying the date of payment and upon what account paid.

      Sec. 7.  Section 59 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, at page 177, as last amended by chapter 154, Statutes of Nevada 1927, at page 248, is hereby amended to read as follows:

      Section 59.  Any Cost Over One Hundred Percent of the Value of Property Paid by the City.  The cost and expense of any improvement which may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed 100 percent of the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding 100 percent, which would otherwise be chargeable upon said lot or premises, shall be paid from the general funds of the city. The board shall provide that the fees and compensation properly charged in the work of making any special assessment shall be included as a part of such assessment.

      Sec. 8.  If any provision of this act or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect the other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.


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

ê1955 Statutes of Nevada, Page 225 (Chapter 152, SB 118)ê

 

not affect the other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 9.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 153, SB 98

Senate Bill No. 98–Senators Lattin, Whitacre, Lovelock, Johnson and Settelmeyer

CHAPTER 153

AN ACT creating the California-Nevada interstate compact commission; providing for the members and officers thereof, their appointment and election, terms of office, compensation and expenses; defining the powers and duties of the commission and certain officers; making an appropriation therefor; and other matters properly relating thereto.

 

[Approved March 19, 1955]

 

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

do enact as follows:

 

      Section 1.  There is hereby created the California-Nevada interstate compact commission of the State of Nevada.

      Sec. 2.  As used in this act, “commission” means the California-Nevada interstate compact commission of the State of Nevada.

      Sec. 3.  The commission shall consist of eight members: the state engineer, who shall be a nonvoting member, and seven members to be appointed by the governor. In making such appointment the governor shall appoint two members from the Walker River Irrigation District; one member from the Carson River water users above Lahontan Reservoir; one member from the Truckee-Carson Irrigation District; one member from the Washoe County Water Conservation District; one member from the Sierra Pacific Power Company; and one member from the Lake Tahoe area in Nevada. Each member so appointed must be an elector and a water user or an employee of a water user within the State of Nevada. The tenure of office of the commissioners appointed by the governor shall be at the pleasure of the governor, who shall have authority to fill vacancies, and their duties shall terminate when an agreement or compact agreed upon by the commission has been submitted to the legislature of the State of Nevada and has been ratified by it, and also submitted to the Congress of the United States and has been ratified by it; but the terms of the commissioners appointed by the governor shall not extend beyond 4 years from the date of their several appointments, unless reappointed by the governor at the end of the term.

      Sec. 4.  Members of the commission who are not in the regular employ of the State of Nevada shall receive a per diem of $15 for time actually spent on the work of the commission, and reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate, except when a member or members of the commission is employed by the commission to render special, technical or professional services, in which event such member or members shall receive fees and expenses commensurate with the service rendered.


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

ê1955 Statutes of Nevada, Page 226 (Chapter 153, SB 98)ê

 

event such member or members shall receive fees and expenses commensurate with the service rendered. Members of the commission who are in the regular employ of the state shall receive no per diem but shall receive reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate in lieu of other provisions made by law for reimbursement of their expenses as such state employees.

      Sec. 5.  The chairman of the commission shall be selected by the commission.

      Sec. 6.  This commission shall appoint a secretary, who may be one of its members, and may employ such agents, attorneys, engineers and other employees as it deems necessary to carry out the functions of this act. It may also incur necessary expenses to effectuate its purpose.

      Sec. 7.  It is the function of the commission to cooperate with a similar commission representing the State of California in formulating and submitting to the legislatures of both states and the Congress of the United States for their approval an interstate compact relative to the distribution and use of the waters of Lake Tahoe and the Truckee, Carson and Walker Rivers and their tributaries, and other related matters. The commission shall also cooperate with any person appointed by the President of the United States to participate in the negotiations as a representative of the United States and to make a report thereon to the Congress.

      Sec. 8.  No compact or agreement shall be binding on the State of Nevada until it has been approved by the legislature of this state and the Congress of the United States.

      Sec. 9.  The commissioners of the State of Nevada shall have full authority to make such investigation of the water resources within the basins of the Truckee, Carson and Walker Rivers and Lake Tahoe as may be necessary in order to determine the facts as to physical conditions obtaining upon such water resources, to make reports to the legislature of the State of Nevada, and to perform such other duties as may be necessary to sufficiently determine such facts, and to secure the necessary information in order that they may properly perform their duties as commissioners of the State of Nevada upon the joint commission.

      Sec. 10.  The commission representing the State of Nevada on the joint commission shall have full authority to carry on negotiations for such compact or agreement, to attend meetings of the joint commission whenever convened, and generally to perform such duties as shall be required of the members thereof in carrying out the purpose and intent of this act.

      Sec. 11.  At the request of the commission, the attorney general of the State of Nevada, or whomever he may appoint, shall aid and assist the commissioners appointed for the State of Nevada whenever necessary in order to facilitate the work in carrying out the intent and purpose of this act.

      Sec. 12.  There is hereby created in the state treasury a special fund which shall be known as the California-Nevada interstate compact fund, and there is hereby appropriated from the general fund and deposited in such special fund the sum of $30,000, or so much thereof as may be necessary for the purpose of carrying out the provisions of this act and to accomplish its purposes.


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

ê1955 Statutes of Nevada, Page 227 (Chapter 153, SB 98)ê

 

deposited in such special fund the sum of $30,000, or so much thereof as may be necessary for the purpose of carrying out the provisions of this act and to accomplish its purposes. Claims for payment of all expenses incurred by the commission, including the expenses of the commissioners, shall be made by the department of the state engineer and the state board of examiners and paid as other claims against the state are paid.

      Sec. 13.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 154, SB 265

Senate Bill No. 265–Committee on Finance

CHAPTER 154

AN ACT making a supplemental appropriation for the support of the 1955 session of the Nevada legislature.

 

[Approved March 21, 1955]

 

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

do enact as follows:

 

      Section 1.  For the purpose of providing additional support of the 1955 session of the Nevada legislature, the sum of $45,000 is hereby appropriated from the general fund to the legislative fund, heretofore created.

      Sec. 2.  The state controller is hereby authorized and directed to draw his warrants on the fund for salaries, per diem, mileage and incidental expenses of the respective houses of the legislature, when properly certified to in accordance with law, and the state treasurer is hereby authorized and directed to pay the same.

      Sec. 3.  Any unexpended portion of the fund shall revert to the general fund on December 31, 1958.

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

 

________

 

 

CHAPTER 155, SB 72

Senate Bill No. 72–Senators Whitacre, Brown, Seevers and Munk

CHAPTER 155

AN ACT providing certain days to be holidays; providing public offices shall close on certain days, and repealing certain acts.

 

[Approved March 21, 1955]

 

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

do enact as follows:

 

      Section 1.  Legal Holidays.  The following days are hereby declared to be legal holidays for the state and county government offices:

      1.  January 1 (New Year’s Day).

      2.  May 30 (Memorial Day).

      3.  July 4 (Independence Day).


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

ê1955 Statutes of Nevada, Page 228 (Chapter 155, SB 72)ê

 

      4.  First Monday in September (Labor Day).

      5.  October 31 (Nevada Day).

      6.  November 11 (Veterans’ Day).

      7.  Thanksgiving Day.

      8.  December 25 (Christmas Day).

      9.  Any day that may be appointed by the President of the United States or by the governor for public fast, thanksgiving or holiday.

      Sec. 2.  Closing of Public Offices.  All public offices of this state shall close on the holidays enumerated in section 1 of this act.

      Sec. 3.  In January 1, May 30, July 4, October 31, November 11 or December 25 shall fall upon a Sunday, the Monday following shall be observed as a holiday.

      Sec. 4.  Repeal.

      1.  An act entitled “An Act declaring the eleventh day of November known as ‘Armistice Day,’ a holiday,” approved March 9, 1931, being chapter 60, Statutes of Nevada 1931, also designated as section 3307, 1929 N.C.L. 1941 Supp., is hereby repealed.

      2.  An act entitled “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, being chapter 293, Statutes of Nevada, 1949, at page 596, is hereby repealed.

      Sec. 5.  Effective Date.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 156, SB 198

Senate Bill No. 198–Senator Lattin

CHAPTER 156

AN ACT supplementary to chapter 89, Statutes of Nevada 1951, entitled “An Act authorizing and directing the state agricultural society acting for and in behalf of the State of Nevada, to sell the Fallon state fairgrounds and improvements to Churchill County, providing the purchase price and disposition thereof, reserving the right of the state agricultural society to hold an annual fair at said fairgrounds, and other matters relating thereto,” approved March 13, 1951; authorizing the board of county commissioners of Churchill County to exchange the real property acquired under the provisions of chapter 89, Statutes of Nevada 1951, under certain conditions, limitations and restrictions for real property of equal or greater value; and other matters properly relating thereto.

 

[Approved March 21, 1955]

 

      Whereas, By the provisions of chapter 89, Statutes of Nevada 1951, at page 104, Churchill County acquired title to certain real property sometimes known as the Fallon state fairgrounds, consisting of approximately 8.26 acres situate in Churchill County in the SE 1/4 of section 25, township 19 N., R. 28 E., M.D.B.&M.; and

      Whereas, By the provisions of chapter 89, Statutes of Nevada 1951, the deed to Churchill County conveying the above-described property contains a covenant that the state agricultural society reserves the right to hold an annual fair and/or stock and farming exhibit, as it might deem necessary, at and upon the fairgrounds, each year so long as the property remains the property of Churchill County; and


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

ê1955 Statutes of Nevada, Page 229 (Chapter 156, SB 198)ê

 

      Whereas, Any sale of the property conveyed to Churchill County under the provisions of chapter 89, Statutes of Nevada 1951, must be made subject to the approval of the Nevada legislature; and

      Whereas, The board of county commissioners of Churchill County have had offers to exchange the above-described real property for property of equal or greater value; now, therefore,

 

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

do enact as follows:

 

      Section 1.  The board of county commissioners of Churchill County, Nevada, is hereby authorized and empowered to exchange the real property heretofore conveyed to Churchill County under the authority and provisions of chapter 89, Statutes of Nevada 1951, at page 104, for real property situate in Churchill County and of equal or greater value, subject to the following conditions, limitations and restrictions:

      1.  When the board of county commissioners desires to exchange the real property, it shall notify the governor and the state board of agriculture in writing. The board of county commissioners shall appoint one appraiser, the governor shall appoint one appraiser, and the state board of agriculture shall appoint one appraiser. The appraisers so appointed shall make an appraisal of the real properties sought to be exchanged and shall submit the results of their appraisal to the board of county commissioners of Churchill County. The compensation of the appraisers and their necessary expenses shall be paid by the board of county commissioners of Churchill County as a valid claim against the county treasury.

      2.  If the results of the appraisal reveal that the property sought to be exchanged is of equal or greater value than the property owned by Churchill County, the board of county commissioners shall certify that fact to the governor, which certification shall be accompanied by the necessary deeds of conveyance to effectuate the exchange of properties.

      3.  The deeds shall be examined and approved by the attorney general as to their form and validity, and the exchange of the properties cannot be had until the governor approves.

      4.  If the exchange is effected, the board of county commissioners of Churchill County shall covenant that the state agricultural society shall have the right to hold an annual fair and stock and farming exhibits, as it may deem necessary, at and upon the new property, each year so long as that property remains the property of Churchill County. Any sale of the property acquired by Churchill County by exchange as herein provided shall be subject to the approval of the legislature.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 230ê

 

CHAPTER 157, AB 189

Assembly Bill No. 189–Mr. Embry

CHAPTER 157

AN ACT preventing fraud or misrepresentation in the distribution, sale and advertising of gasoline, distillate or lubricating oil; regulating the distribution and sale of such products; defining the powers and duties of the state sealer of weights and measures and his appointees; prescribing specifications to be required for petroleum or petroleum products sold or offered for sale as gasoline, lubricating oil and fuel oil; providing for taking samples of certain refined petroleum products; providing for the sealing of certain containers, pumps, and storage tanks connected thereto; providing for the inspection and checking for accuracy of all devices used in dispensing or measuring petroleum products; providing for labeling of certain containers and pumps; providing an inspection fee on products shipped into this state to secure the necessary revenue to enforce the provisions of this act; fixing penalties for violation of any provisions contained herein; repealing certain former acts; and other matters properly relating thereto.

 

[Approved March 21, 1955]

 

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

do enact as follows:

 

      Section 1.  Short Title.  This act shall be known and cited as the Nevada Petroleum Products Inspection Act.

      Sec. 2.  Definitions.

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

      (a) “Advertising medium” means any sign, printed or written matter, or device for oral or visual communication.

      (b) “Person” means any firm, association or corporation, as well as a natural person.

      (c) “Petroleum products,” “gasoline,” “distillate,” “lubricating oil,” and “motor oil” as used in this act means those products used solely for internal combustion engines.

      2.  The singular includes the plural, the plural the singular, and the masculine and feminine, when consistent with the intent of this act.

      Sec. 3.  False Branding Prohibited.  It is unlawful for any person to sell, attempt to sell, offer for sale or assist in the sale of any gasoline, distillate, or lubricating oil for internal combustion engines, and willfully and falsely represent such gasoline, distillate or lubricating oil to be gasoline, distillate or lubricating oil of any dealer, manufacturer or producer other than the true dealer, manufacturer or producer thereof; and it is unlawful for any member of a firm, or any officer of a corporation, knowingly to permit any employee of such firm or corporation to sell, offer for sale or assist in the sale of any gasoline, distillate or lubricating oil for internal combustion engines, and to falsely represent such gasoline, distillate or lubricating oil to be the gasoline, distillate or lubricating oil of any dealer, manufacturer or producer other than the true dealer, manufacturer or producer thereof. This section shall not apply to any person who sells or offers for sale, under his own name or brand, the product or output of another manufacturer or producer with the written consent of such manufacturer or producer.


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

ê1955 Statutes of Nevada, Page 231 (Chapter 157, AB 189)ê

 

      Sec. 4.  Brand Name Must Be Shown.  It is unlawful for any person, or any officer, agent, or employee thereof, to sell, offer for sale or assist in the sale of or permit to be sold or offered for sale, any gasoline, distillate or oil represented as lubricating oil for internal combustion engines, unless there shall be firmly attached to or painted at or as near as practicable to point of outlet of the container from which or into which the gasoline, distillate, or oil represented as lubricating oil or motor oil for internal combustion engines is drawn or poured out for sale or delivery, a sign or label consisting of the word or words in letters not less than one-half inch in height, comprising the brand or trade name of the petroleum product followed by the word or words, in letters not less than one-half inch in height, “gasoline,” “distillate,” “lubricating oil” or “motor oil,” as the case may be; but when such sign or label is attached to the faucet or valve of a tank truck or tank wagon, the letters shall not be less than three-fourths of an inch in height. If any gasoline shall have no brand or trade name, the above sign or label shall consist of the word, in letters not less than 3 inches high, “gasoline, no brand”; and if any distillate shall have no brand or trade name, the above-required sign or label shall consist of the words, in letters not less than 3 inches high, “distillate, no brand”; and if any lubricating oil or motor oil shall have no brand or trade name, the above-required sign or label shall consist of the words, in letters not less than 3 inches high, “lubricating oil, no brand,” or “motor oil, no brand.”

      Sec. 5.  False or Misleading Advertising Prohibited.

      1.  It is unlawful for any person, or any officer, agent or employee thereof, engaged in or operating in the business of selling at retail any gasoline or distillate as fuel for internal combustion engines, or lubricating oil for internal combustion engines, to display any sign or other designating mark, at or near the place of business of such person, which describes or designates a brand or trade name of a gasoline, distillate or lubricating oil for internal combustion engines not actually sold or offered for sale or delivery at the place of business where the sign or other designating mark is displayed.

      2.  It is unlawful for any person or officer, agent or employee thereof, to make or cause to be made, by means of any advertising medium whatever, any statement concerning the sale of petroleum products or the performance characteristics thereof which is known to him to be untrue or misleading, or which by the exercise of reasonable care and diligence should be known to him to be untrue or misleading.

      Sec. 6.  Mixed or Adulterated Products.

      1.  It is unlawful for any person, or any officer, agent or employee thereof, to mix or adulterate any gasoline, distillate or lubricating oil, and to sell, attempt to sell, offer for sale or assist in the sale of any of the products resulting from the mixture or adulteration, and to represent such product as the gasoline, distillate or lubricating oil of a brand or trade name in general use by any other marketer or producer of gasoline, distillate or lubricating oil.

      2.  Whenever the description of any petroleum product is displayed on any tank, receptacle, or other delivery device used for sale to the public, the kind, character and name of the petroleum product dispensed therefrom must correspond to the representations thereon.


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

ê1955 Statutes of Nevada, Page 232 (Chapter 157, AB 189)ê

 

public, the kind, character and name of the petroleum product dispensed therefrom must correspond to the representations thereon.

      3.  It is unlawful for any person, or any officer, agent or employee thereof, to deposit or deliver into any tank, receptacle or other container, any gasoline, distillate or lubricating oil other than the gasoline, distillate or lubricating oil intended to be stored in such tank, receptacle or container and distributed therefrom, as indicated by the name of the producer, manufacturer or distributor or the trade name of the product displayed on the container itself, or on the pump or other distributing device used in connection therewith; but this section shall not apply to any person who sells or offers for sale under his or its own name or brand, the product or output of another manufacturer or producer, with the consent of such manufacturer or producer.

      4.  Except as provided in this act, if any lubricating or motor oil sold, or offered for sale or delivery, has been previously used for the lubrication of internal combustion engines or any gearing or shafting attached to or connected thereto, or for any other lubricating purposes, or has been rerun or filtered, redistilled or reclaimed, the container shall bear a superimposed sign or label containing the clearly legible words “reclaimed motor oil” or “lubricating oil, reclaimed.”

      Sec. 7.  Gasoline Specifications.  It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, or assist in the sale of or permit to be sold or offered for sale, any petroleum or petroleum product as, or purporting to be, gasoline, unless the same shall conform to the following specifications:

      1.  It shall be free from water and suspended matter.

      2.  A clean copper strip shall not show more than extremely slight discoloration when submerged in the gasoline for 3 hours, at 122 F., the test being conducted in accordance with the American Society for Testing Materials, standard D130-30, as published in “American Society for Testing Materials Standards,” 1930.

      3.  It shall distill, within the following limits, when tested in accordance with the latest revision of the American Society for Testing Materials, standard D86-46, standard method of test for gasoline, naptha, kerosene, and similar petroleum products, as published in “American Society for Testing Standards,” using the low distillation thermometer:

      (a) When the thermometer reads 167 degrees Fahrenheit, not less than 10 percent shall be evaporated.

      (b) When the thermometer reads 284 degrees Fahrenheit, not less than 50 percent shall be evaporated.

      (c) When the thermometer reads 392 degrees Fahrenheit, not less than 90 percent shall be evaporated.

      (d) The end point shall not be higher than 437 degrees Fahrenheit.

      (e) At least 95 percent shall be recovered as distillate in the receiver from the distillation.

      (f) The distillation residue shall not exceed 2 percent.

      4.  The sulfur content shall not exceed .35 percent.


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

ê1955 Statutes of Nevada, Page 233 (Chapter 157, AB 189)ê

 

      Sec. 8.  Lubricating Oil Specifications.  Crankcase drainings, lube-distillate, or any other petroleum product shall not be sold, offered for sale, delivered, offered for delivery or stored as a motor oil or lubricating oil for use in an internal combustion engine unless such product conforms to the following specifications:

      1.  It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the American Society for Testing Materials, standards designation D96-40, as published in “American Society for Testing Materials Standards,” 1940.

      2.  The flash points for the various S. A. E. (Society of Automotive Engineers) classifications shall not be less than the following when tested by the Cleveland Open Cup Method in accordance with the “American Society for Testing Materials Standards,” 1940.

                                                                                             Minimum flash degrees

S. A. E. Number                                                                             Fahrenheit

       5 W                                                                                               305

       10 and 10W                                                                                  335

       20 and 20W                                                                                  345

       30                                                                                                   355

       40                                                                                                   375

       50                                                                                                   400

       60                                                                                                   435

       70                                                                                                   470

      Sec. 9.  Heating Products Specifications.  It is unlawful for any person, or any officer, agent, or employee thereof, to sell, offer for sale, or assist in the sale of or permit to be sold or offered for sale, any petroleum or petroleum product to be used for heating purposes, unless the same shall conform to Pacific specifications for the particular grade represented. For the purpose of this act, the United States standard tables for petroleum oil (Bureau of Standards circular No. 154) shall be used for temperature correction to 60 degrees Fahrenheit.

      Sec. 10.  Powers and Duties of State Sealer of Weights and Measures.  The state sealer of weights and measures is charged with the proper enforcement of this act, and shall have the following powers and duties:

      1.  He may, with the approval of the board of regents of the University of Nevada, designate such appointees as he may deem necessary to assist him in carrying out the provisions of this act.

      2.  He shall promulgate such rules and regulations as he may deem necessary to carry out the provisions of this act.

      3.  He, or his appointees, shall inspect and check the accuracy of all petroleum products measuring devices maintained in this state, and shall seal all such devices whose tolerances are found to be within those prescribed by the National Bureau of Standards.

      4.  He, or his appointees, may take such sample or samples as he may deem necessary of any petroleum, or any product thereof, when the same is kept or stored within the State of Nevada. It is unlawful for any person, or any officer, agent or employee thereof, to refuse to permit the state sealer, or his appointees, in the State of Nevada, to take such sample or samples, or to prevent or to attempt to prevent the state sealer, or his appointees, from taking the same.


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

ê1955 Statutes of Nevada, Page 234 (Chapter 157, AB 189)ê

 

take such sample or samples, or to prevent or to attempt to prevent the state sealer, or his appointees, from taking the same. If the person, or any officer, agent or employee thereof, from which such sample is taken, shall at the time of taking demand payment, then the person taking such sample shall pay therefor the reasonable market price for the quantity and commodity so taken.

      5.  He, or his appointees, may close and seal the outlets of any unlabeled or mislabeled containers, pumps or storage tanks connected thereto or which contain any petroleum product which, if sold, would violate any of the provisions of this act, and shall post, in a conspicuous place on the premises where such containers, pumps or storage tanks have been sealed, a notice stating that such action of sealing has been taken in accordance with the provisions of this act and giving warning that it is unlawful to break, mutilate or destroy the seal or seals thereof under penalty as hereinafter provided.

      6.  He, or his appointees, shall, upon at least 24 hours’ notice to the owner, manager, operator or attendant of the premises where such container, pump or storage tank has been sealed as herein provided, and at the time specified by such notice, break the seal for the purpose of permitting the removal of the contents of such container, pump or storage tank. If the contents are not immediately and completely removed, the container, pump or storage tank shall be again sealed as herein provided.

      Sec. 11.  Breaking Seal Prohibited.  It is unlawful for any person other than the state sealer or his appointees to break, mutilate or destroy any seal placed on any container, pump or storage tank by the state sealer or his appointees, or to cover, deface or remove, or attempt to cover, deface or remove, any notice of sealing posted by the state sealer or his appointees as herein provided.

      Sec. 12.  Inspection Fee.

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

      2.  On or before the 25th day of each calendar month, every person, or any officer, agent or employee thereof, receiving any of the aforementioned products shall send to the state sealer a correct report of all shipments, consignments or receipts during the preceding month, and such report shall include the number of gallons of gasoline and lubricating oil received. A copy of such monthly report shall be sent to the state treasurer of Nevada accompanied by the fees herein required due the state on such gasoline and lubricating oil. Failure to send such report and remittance as above specified shall be a violation of the act and punishable under it.

 


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

ê1955 Statutes of Nevada, Page 235 (Chapter 157, AB 189)ê

 

      Sec. 13.  Petroleum Products Inspection Fund.

      1.  All inspection fees received by the state treasurer shall be placed in a special revolving fund to be designated the petroleum products inspection fund, from which fund all bills and expenses of whatever nature incurred in the enforcement of this act shall be paid.

      2.  All revenues derived under authority of this act shall be used for the enforcement thereof, and any moneys remaining in the fund at the end of a budgeted biennium shall be used to procure and maintain suitable office quarters for the state sealer.

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

      Sec. 14.  Penalties.  Any person, or any officer, agent or employee thereof, who violates any of the provisions of this act is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $500, or by imprisonment in the county jail for a period of not more than 6 months, or by both fine and imprisonment. Each such person, or any officer, agent or employee thereof, shall be deemed guilty of a separate offense for each day during any portion of which any violation of any provision of this act is committed, continued or permitted by such person, or any officer, agent or employee thereof, and shall be punishable as provided in this act. The selling and delivery of any petroleum product mentioned in this act shall be prima facie evidence of the representation on the part of the vendor that the quality sold and delivered was the quality bought by the vendee.

      Sec. 15.  Duties of District Attorneys.  The district attorney shall prosecute all violations of the provisions of this act occurring within his county.

      Sec. 16.  Severability Clause.  If any provision of this act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the act and the application of such provision to other persons or circumstances shall not be affected thereby.

      Sec. 17.  Repeals.

      1.  An act entitled “An Act regulating the sale and distribution of petroleum products, establishing a standard for said products, requiring the inspection of said products, and assessing a penalty for the violation thereof, and other matters properly related thereto,” approved March 25, 1953, being chapter 204, Statutes of Nevada 1953, is hereby repealed.

      2.  An Act entitled “An Act to prevent fraud or misrepresentation in the distribution and sale of gasoline, distillate and lubricating oil; regulating the distribution and sale of such products; defining the powers and duties of the sealer of weights and measures, or his appointees; prescribing specifications to be required for petroleum or petroleum products sold or offered for sale as ‘gasoline’; providing for taking samples of certain refined petroleum products; providing for sealing of certain containers, pumps and storage tanks connected thereto; providing for labeling of certain containers and pumps; and further providing an annual tax on products sold within this state to secure the necessary revenue to enforce the provisions of this act, and fixing penalties for violation of any provisions contained herein,” approved March 31, 1931, being chapter 238, Statutes of Nevada 1931, also designated as sections 5035 to 5035.17, inclusive, 1929 N.C.L.


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

ê1955 Statutes of Nevada, Page 236 (Chapter 157, AB 189)ê

 

or petroleum products sold or offered for sale as ‘gasoline’; providing for taking samples of certain refined petroleum products; providing for sealing of certain containers, pumps and storage tanks connected thereto; providing for labeling of certain containers and pumps; and further providing an annual tax on products sold within this state to secure the necessary revenue to enforce the provisions of this act, and fixing penalties for violation of any provisions contained herein,” approved March 31, 1931, being chapter 238, Statutes of Nevada 1931, also designated as sections 5035 to 5035.17, inclusive, 1929 N.C.L. 1941 Supp., is hereby repealed.

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

      Sec. 18.  Effective Date.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 158, AB 410

Assembly Bill No. 410–Committee on Roads and Transportation

CHAPTER 158

AN ACT to amend an act entitled “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,” approved March 21, 1925.

 

[Approved March 21, 1955]

 

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

do enact as follows:

 

      Section 1.  The above-entitled act, being chapter 166, Statutes of Nevada 1925, at page 254, also designated as sections 4350 to 4371, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 9.5, which shall immediately follow section 9 and shall read as follows:

      Section 9.5.  Vehicle Entering Through Highway or Stop Intersection.  1.  The driver of a vehicle shall stop at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from the through highway or which are approaching so closely on the through highway as to constitute an immediate hazard, but the driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection on the through highway shall yield the right-of-way to the vehicle so proceeding into or across the through highway.

      2.  The driver of a vehicle shall likewise stop in obedience to a stop sign as required herein at an intersection where a stop sign is erected at one or more entrances thereto although not a part of a through highway and shall proceed cautiously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard, but may then proceed.

      Sec. 2.  The above-entitled act, being chapter 166, Statutes of Nevada 1925, at page 254, also designated as sections 4350 to 4371, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 9.6, which shall read as follows:

 


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

ê1955 Statutes of Nevada, Page 237 (Chapter 158, AB 410)ê

 

section to be designated as section 9.6, which shall read as follows:

      Section 9.6.  Vehicle Entering Highway From Private Road or Driveway.  The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on the highway.

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

 

________

 

 

CHAPTER 159, AB 314

Assembly Bill No. 314–Mr. Von Tobel

CHAPTER 159

AN ACT to regulate the fees of the county recorder of Clark County, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith.

 

[Approved March 21, 1955]

 

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

do enact as follows:

 

      Section 1.  Fees of County Recorder, Clark County.

      1.  The county recorder of Clark County shall be allowed to charge and collect the following fees:

For receiving, filing and entering documents required to be recorded. $0.25

For filing and entering any paper not to be recorded.................................. .50

For making all necessary indexes to each paper filed or recorded, for each name to be indexed, for five names or less....................................................... .50

For each additional name.................................................................... .25

For recording any instrument, paper or document, for each folio............. .20

If the photostatic method of recording is used, in lieu of 20 cents per folio, the county recorder may charge 75 cents for the first photostated page and 50 cents for each additional page or part of a photostated page.

For every certificate under seal..................................................................... 1.00

For every entry of discharge or assignment of mortgage on the margin of the records....................................................................................................... 1.00

For abstract of title, for each document embraced thereby........................ .75

For searching records and files, for each document necessarily examined .25

For recording any survey or map other than a town plat, for each corner .30

For recording town plat, for each lot or separate subdivision exhibited thereby      .25

For each folio of lettering or figuring thereon, or in the certificate and description of the same................................................................. .50

For recording certificates of marriage.......................................................... 1.00

For copying of any document, including certificate and seal, for the first signature...................................................................................................... .75

For each additional signature............................................................. .25


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

ê1955 Statutes of Nevada, Page 238 (Chapter 159, AB 314)ê

 

      2.  The county recorder shall be allowed to charge and collect for recording or copying any paper in a foreign language double the fees as when in English.

      3.  No map or plat shall be recorded exceeding in size two folios of the usual size records.

      4.  The county recorder shall neither charge nor collect any fees for services rendered to the State of Nevada, or the county of Clark, or any city or town within Clark County, or any officer thereof in his official capacity.

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

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

 

________

 

 

CHAPTER 160, AB 211

Assembly Bill No. 211–Committee on Roads and Transportation

CHAPTER 160

AN ACT authorizing the Nevada highway patrol to transfer certain motor vehicles to school districts recommended by the superintendent of public instruction; stating powers and duties of the superintendent of public instruction, the superintendent of the Nevada highway patrol and the various school districts; repealing any act in conflict herewith and other matters properly relating thereto.

 

[Approved March 21, 1955]

 

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

do enact as follows:

 

      Section 1.  Authority to Assign and Transfer Motor Vehicles.  Notwithstanding the provisions of any other act or acts, the Nevada highway patrol is hereby authorized and empowered to assign and transfer to certain school districts, as recommended by the superintendent of public instruction, for the purpose of student automobile driver training those motor vehicles used by the Nevada highway patrol which can no longer be economically and feasibly operated in the regular operation of highway patrolling.

      Sec. 2.  Powers and Duties of the Superintendent of Public Instruction.

      1.  The superintendent of public instruction shall conduct a survey to ascertain which school districts in this state are most in need of student driver training automobiles and shall rate such school districts according to priority.

      2.  The factors to be considered in making such a determination and rating are:

      (a) The lack of present student driver training vehicles and the inability of the school district to obtain by donation, purchase or otherwise, suitable motor vehicles to conduct proper training programs.


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

ê1955 Statutes of Nevada, Page 239 (Chapter 160, AB 211)ê

 

      (b) The number of students in the school district in need of driver training.

      (c) The particular circumstances of the school district, taking into consideration the population of the surrounding area, its geographical location, the mileage required to travel from home to school so that student driver training would facilitate transportation in the area and other factors relating thereto.

      3.  The superintendent of public instruction shall prepare a list of school districts, ranked according to priority, in need of motor vehicles for student driver training and forward it to the superintendent of the Nevada highway patrol.

      4.  The superintendent of public instruction may consult with the respective boards of school trustees and may authorize two or more school districts to enter into cooperative agreements for the use of student training automobiles and rate the priority of such districts on this basis.

      Sec. 3.  Powers and Duties of the Superintendent of the Nevada Highway Patrol.  The superintendent of the Nevada highway patrol is authorized and directed:

      1.  To determine which motor vehicles can no longer be economically and feasibly used for highway patrolling and make them available for assignment and transfer to school districts as provided by section 1 of this act.

      2.  To receive the recommendations from the superintendent of public instruction concerning which school districts should receive priority and to assign and transfer the motor vehicles to such school district or districts in accordance with such priority.

      3.  To notify the school district or districts of their selection and make arrangements for a representative of the school district to obtain the motor vehicle from wherever it might be located upon giving a receipt therefor.

      4.  To transfer the registration and licensing of the motor vehicle to the full and complete ownership of the school district.

      5.  To do all other acts deemed necessary for the furtherance of the provisions of this act.

      Sec. 4.  Duties of School Districts.  The school district or districts after being notified of their selection shall proceed to obtain possession of the motor vehicle, shall issue a receipt therefor and shall thereafter pay all costs incurred in the transferance of registration and licensing, fitting and installing dual training accessories and for operating the motor vehicle. The title to the motor vehicle shall vest absolutely and irrevocably in the school district or districts after the transfer of title and registration and it shall be used for the purpose of student driver training as long as it remains in satisfactory repair and maintenance. The school district or districts shall have authority to dispose of or sell the motor vehicle when it is no longer practical to use it for student driver training in the manner authorized by law for the disposition of other school property.

      Sec. 5.  Repeal Clause.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed insofar as the same apply to or interfere with the provisions of this act and not in any other particular.


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

ê1955 Statutes of Nevada, Page 240 (Chapter 160, AB 211)ê

 

to or interfere with the provisions of this act and not in any other particular.

      Sec. 6.  Effective Date.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 161, AB 395

Assembly Bill No. 395–Washoe County Delegation

CHAPTER 161

AN ACT to amend an act entitled “An Act concerning and relating to certain county officers in Washoe County, Nevada, and fixing their compensation and allowances,” approved March 21, 1945.

 

[Approved March 22, 1955]

 

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 102, Statutes of Nevada 1945, as amended by chapter 55, Statutes of Nevada 1951, at page 59, is hereby amended to read as follows:

      Section 1.  The compensation of the respective officers of Washoe County, Nevada, herein designated, is hereby fixed as follows, to be allowed, audited, and fixed monthly:

      The sheriff of Washoe County shall receive a salary of $7,500 per annum, and such commissions as ex officio license collector, as are now allowed by law.

      The sheriff shall also receive his actual traveling expenses necessarily incurred in criminal cases when it becomes necessary to travel a greater distance than five miles from the county seat. He shall receive his actual traveling expenses necessarily incurred in civil cases wherein the county of Washoe, State of Nevada, are parties thereto.

      The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of $7,500 per annum.

      The county assessor shall receive a salary of $7,500 per annum.

      The county assessor shall also receive a further sum of not more than $500 per annum for traveling expenses.

      The district attorney shall receive a salary of $7,500 per annum.

      The district attorney shall be allowed to employ, subject to the approval of the board of county commissioners, a special investigator at a salary to be fixed by the board of county commissioners, but in no event to exceed $3,600 per annum.

      The county treasurer shall receive a salary of $5,700 per annum.

      The county recorder and auditor shall receive a salary of $7,500 per annum.

      The county commissioners of Washoe County shall each receive the sum of $300 per month, payable in equal monthly installments which shall be in full compensation for all services whatsoever required of such commissioners.


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

ê1955 Statutes of Nevada, Page 241 (Chapter 161, AB 395)ê

 

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

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

 

________

 

 

CHAPTER 162, AB 67

Assembly Bill No. 67–Mr. Mount

CHAPTER 162

AN ACT to amend the title of and to amend an act entitled “An Act to provide the licensing of minors fourteen years of age or more to operate a power cycle; defining a power cycle; providing for method of application, control, revocation, and other matters properly connecting therewith,” approved March 20, 1951.

 

[Approved March 22, 1955]

 

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 198, Statutes of Nevada 1951, at page 298, is hereby amended to read as follows:

      An Act concerning the operation of power cycles on public highways, streets and roads; providing for the licensing of minors fourteen years of age or more to operate a power cycle; defining a power cycle and specifying standards therefor; providing for method of application, control and revocation; providing penalties for violation of the provisions thereof; and other matters properly connected therewith.

      Sec. 2.  Section 1 of the above-entitled act, being chapter 198, Statutes of Nevada 1951, at page 298, is hereby amended to read as follows:

      Section 1.  As used in this act, the term “power cycle” includes:

      1.  Every motor scooter and bicycle with motor attached, which weighs not to exceed 400 pounds avoirdupois, fully equipped, including a muffler, but without gasoline or oil, and propelled by a motor or engine not to exceed 6 1/2 horsepower, designed to travel on not more than two wheels in contact with the ground at a maximum speed of not to exceed 35 miles per hour.

      2.  Every tricycle or other motor vehicle, except a tractor, which weighs not to exceed 700 pounds avoirdupois, fully equipped, including a muffler, but without gasoline or oil, and propelled by a motor or engine developing not to exceed 6 1/2 horsepower, designed to travel on not more than three wheels in contact with the ground at a maximum speed not to exceed 35 miles per hour.

      Sec. 3.  Section 5 of the above-entitled act, being chapter 198, Statutes of Nevada 1951, at page 298, is hereby amended to read as follows:

      Section 5.  Every power cycle which is operated upon the public highways, streets and roads of this state shall be equipped with a muffler, and no person shall operate a power cycle upon the public highways, streets and roads unless he shall have a valid operator’s license, as required by this act or the motor vehicle laws of this state, in his immediate possession at all times when operating a power cycle and shall display the same upon demand of a police judge, municipal court, justice of the peace, peace officer or a deputy of the public service commission of Nevada.


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

ê1955 Statutes of Nevada, Page 242 (Chapter 162, AB 67)ê

 

in his immediate possession at all times when operating a power cycle and shall display the same upon demand of a police judge, municipal court, justice of the peace, peace officer or a deputy of the public service commission of Nevada. The term “muffler” means a device consisting of a series of chambers or baffle plates, or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise.

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

 

________

 

 

CHAPTER 163, AB 145

Assembly Bill No. 145–Committee on Fish and Game

CHAPTER 163

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 22, 1955]

 

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 chapter 101, Statutes of Nevada 1947, at page 368, is hereby amended to read as follows:

      Section 54.  Not more than one license of each class shall be issued to any one person during each calendar year, except upon an affidavit by the applicant that the one issued has been lost or destroyed and upon payment of a license fee in an amount equal to the license fee provided by law for initial issuance of such license. No license provided by this act shall be transferable or used by any person other than the one to whom it was issued.

      Sec. 2.  Section 86 of the above-entitled act, being chapter 101, Statutes of Nevada 1947, as last amended by chapter 309, Statutes of Nevada 1951, at page 496, is hereby amended to read as follows:

      Section 86.  In addition to the regular hunting licenses provided in this act, additional licenses, to be known as “tags,” shall be required to hunt any deer, elk, antelope, mountain sheep, or bear. Also, whenever it is determined by the commission that it is necessary for correct management, tags may be required to hunt any other species of game.


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

ê1955 Statutes of Nevada, Page 243 (Chapter 163, AB 145)ê

 

Such tags shall be used as a method of enforcing a limit on the number of any species which may be taken by any one person in any one season or year and may be issued in such a manner that only a certain number may be used in any one district as designated by the commission. The commission shall designate the number of tags for any species which may be obtained by any one person and it shall be a violation of this act for any person to obtain tags for his use in excess of this number, or to use or possess tags issued to any other person, or to transfer or give tags issued to him to any other person.

      Whenever tags are required for any species of game it shall be unlawful to have any of that species in possession without the tag attached thereto and such possession without attached tag shall be prima-facie evidence that the game is illegally taken and possessed. It shall be unlawful to remove any tag from any bird or animal for re-use or to be in possession of excess and/or used tags.

      The commission shall designate the form of the tag, requiring such numbering or other manner of identification, as is necessary to designate the name or hunting license number of the person to whom issued, and may make any regulation necessary relative to the manner of using, attaching, filling out, punching, inspecting, validating, or reporting such tags and it shall be a violation of this act to fail to abide by any such regulation. Each tag shall show the game for which it may be used, the year, and whenever necessary, the district or area in which it may be used.

      Tags shall be issued only to holders of valid hunting licenses and whenever the possession of tags shall be a requisite to the hunting of any species then the acquisition of a hunting license shall be required regardless of age.

      Tags for hunting deer in regular season (as apart from special seasons provided in section 62) shall be issued to residents of the State of Nevada and may be used in any area in the state during such regular season, and may not be limited in number or to any area, unless any district is designated a special season (under section 62) in which instance the number of tags to be used in that district may be limited by the commission.

      Tags for hunting deer in regular season by nonresident or alien hunters may be limited to a certain number in any district, which district may include all of any county, any portion of any county or any continuous area in adjacent counties. Whenever a limit is placed upon the number of tags available to nonresident or alien hunters in any district the commission shall determine the manner in which such licenses shall be issued, whether by lot or by sale to first applicants, the manner of application, the manner of delivery of tags, and other necessary matters. Whenever applications, money, or tags and licenses are entrusted to the mails the commission shall not be responsible for loss or delay in the mails.

      It shall be unlawful for any nonresident or alien hunter to obtain tags for more than one district in regular season or to use tags in any district or at any time other than at the time and place intended.

      No duplicate tags shall be issued except:


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

ê1955 Statutes of Nevada, Page 244 (Chapter 163, AB 145)ê

 

      1.  Upon an affidavit by the applicant that a tag previously issued has been lost or destroyed and upon payment of a fee in an amount equal to the fee provided by law for initial issuance of such tag.

      2.  When any deer hunter shall kill a deer which he has reason to believe is diseased and unfit for human consumption, he must place his tag on the carcass in the manner provided herein, but, upon inspection of such carcass by a duly authorized game warden, such a hunter may be authorized by the warden to obtain a duplicate tag without charge and shall be permitted to kill another deer if the warden shall have found by his inspection that the first deer killed was in fact diseased and unfit for human consumption.

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

 

________

 

 

CHAPTER 164, AB 201

Assembly Bill No. 201–Committee on Judiciary

CHAPTER 164

AN ACT prohibiting the sale of firearms to persons under the age of 18 years; prescribing a penalty for the violation hereof; repealing certain acts and parts of acts; and other matters properly relating thereto.

 

[Approved March 22, 1955]

 

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

do enact as follows:

 

      Section 1.  Any person in this state who sells or barters to another under the age of 18 years either a pistol, revolver or a firearm capable of being concealed upon the person shall be guilty of a misdemeanor. The term “firearm capable of being concealed upon the person” as used in this act applies to and includes all firearms having a barrel less than 12 inches in length.

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

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

 

________

 

 

CHAPTER 165, AB 214

Assembly Bill No. 214–Clark County Delegation and Messrs. Hunter, Lambert, Christensen (Washoe) and Hardesty

CHAPTER 165

AN ACT to amend an act entitled “An Act to enable counties to establish and maintain public hospitals, levy a tax and issue bonds therefor, elect hospital trustees, maintain a training school for nurses, and provide suitable means for the care of such hospitals and of disabled persons, and repealing a certain act,” approved March 27, 1929.

 

[Approved March 22, 1955]

 

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 2227, N.C.L. 1929, is hereby amended to read as follows:


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

ê1955 Statutes of Nevada, Page 245 (Chapter 165, AB 214)ê

 

      Section 3.  The said trustees shall within ten (10) days after their appointment, or election, qualify by taking the oath of office, and organize as a board of hospital trustees by the election of one of their number as chairman, one as secretary, and by the election of such other officers as they may deem necessary, but no bond shall be required of them. The county treasurer of the county in which such hospital is located shall be the treasurer of the board of trustees. The treasurer shall receive and pay out all the moneys under the control of the said board, as ordered by it, but shall receive no compensation from such board. In counties having less than 30,000 registered voters in the 1954 general election, or any subsequent general election, no trustee shall receive any compensation for his services performed; but in any county or counties having 30,000 or more registered voters in the 1954 general election, or any subsequent general election, may receive $50 per month and the chairman of the board of trustees may receive a salary of $100 per month; provided, however, that each member of the board of trustees shall first have devoted a minimum of one day during the month exclusively to the business and affairs of the hospital, exclusive of regular meetings of the board of trustee, before he shall be entitled to any compensation as hereinabove set forth. Any trustee of any county hospital may receive reimbursement for any cash expenditures actually made for personal expenses incurred as such trustee, and an itemized statement of all such expenses, and money paid out, shall be made under oath by each of such trustees and filed with the secretary, and allowed only by an affirmative vote of all trustees present at a meeting of the board.

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

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

 

________

 

 

CHAPTER 166, AB 226

Assembly Bill No. 226–Clark County Delegation

CHAPTER 166

AN ACT authorizing the board of county commissioners of Clark County to issue and sell bonds for the purpose of constructing a new courthouse or altering the present courthouse of Clark County; providing for the payment thereof and the interest thereon by levy and collection of tax; and providing that such bonds shall not be issued until approved by a majority of the electors voting thereon at the next election called in Clark County.

 

[Approved March 22, 1955]

 

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

do enact as follows:

 

      Section 1.  The board of county commissioners of Clark County, Nevada, is hereby authorized and empowered to prepare, sell and issue negotiable coupon bonds of Clark County, in an amount not to exceed $4,000,000, exclusive of interest; but, including the aforesaid amount, the total bonded indebtedness of Clark County shall not exceed the maximum limit of 10 percent of the assessed valuation. All such bonds shall be prepared, sold and issued for the purpose of constructing a new courthouse in Clark County, Nevada, or for altering, constructing and reconstructing the existing courthouse, or for the purchase and remodeling of a building or buildings to be used in conjunction with Clark County courthouse, or for the erecting and constructing of additions to the existing courthouse, and for furnishing the same.


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

ê1955 Statutes of Nevada, Page 246 (Chapter 166, AB 226)ê

 

shall be prepared, sold and issued for the purpose of constructing a new courthouse in Clark County, Nevada, or for altering, constructing and reconstructing the existing courthouse, or for the purchase and remodeling of a building or buildings to be used in conjunction with Clark County courthouse, or for the erecting and constructing of additions to the existing courthouse, and for furnishing the same.

      Sec. 2.  The bonds shall be prepared in denominations of $500 and shall be numbered consecutively. They shall be made payable in lawful money of the United States, and they shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. The bonds and coupons shall be signed by the treasurer of Clark County and countersigned by the clerk of Clark County. The bonds shall bear interest at a rate not to exceed 5 percent per annum, payable annually on the 1st Monday in July of each year, commencing with the 1st Monday of July 1956. The bonds shall be redeemed and retired consecutively in the order of their issuance, commencing not later than the 1st Monday in July 1957, and annually thereafter on the 1st Monday in July of each year until the whole of the bonds shall be redeemed and retired. In no case shall any bond run for a longer period than 20 years from the date of issue. Subject to the foregoing provisions contained in this section, the board of county commissioners of Clark County shall fix the various maturity dates of the bonds issued.

      Sec. 3.  The board of county commissioners of Clark County is hereby authorized to negotiate the sale of the bonds or such number of them, from time to time, as the board may deem necessary, at not less than their par value, to the highest responsible bidder, or by private sales, and may reject any or all bids. However, none of the bonds shall be sold after 2 years from the effective date of this act.

      Sec. 4.  The proceeds from the sale of the bonds shall be placed in a special fund in the treasury of Clark County to be known as Clark County courthouse fund, which shall be used only for the purpose of carrying out the provisions of this act.

      Sec. 5.  To provide for the payment of the bonds and interest thereon, the board of county commissioners of Clark County shall annually cause to be levied and collected a special tax on the assessed value of all the taxable property, both real and personal, not exceeding 15 cents on each $100 valuation, subject to taxation within the boundaries of Clark County, sufficient to pay the interest on the bonds and to pay and retire the bonds in consecutive order as they become due until all of the bonds and interest thereon shall have been paid and retired. Such tax levied shall not exceed the limit set forth in section 2, article X of the constitution of the State of Nevada. Such annual tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected and the proceeds thereof shall be kept in a fund in the treasury of Clark County known as Clark County courthouse bond redemption fund, and all of the moneys collected from the taxes provided for by this section shall be paid into this fund.


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

ê1955 Statutes of Nevada, Page 247 (Chapter 166, AB 226)ê

 

fund. No part of the fund shall be used for any purpose other than paying interest and redeeming bonds provided for in this act.

      Sec. 6.  The bonds provided for by this act, and the interest thereon, shall constitute a lien on all the taxable property within the boundaries of Clark County.

      Sec. 7.  When the treasurer of Clark County shall pay and redeem any of the bonds issued under the provisions of this act, he shall cancel the bonds by writing across the face thereof “Paid,” together with the date of such payment, and deposit them with the clerk of Clark County. Such canceled bonds shall be deposited in the records of Clark County, and a record of such cancellation and deposit shall be made in the minutes of the board of county commissioners.

      Sec. 8.  No interest shall accrue on the bonds, or any of them, after they become due and payable.

      Sec. 9.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation hereunder imposed be omitted until all of the bonds and interest coupons issued hereunder and by virtue hereof shall be paid in full as in this act provided.

      Sec. 10.  At the next general or special election called in Clark County, the following question shall be submitted to the electors of Clark County: “Shall the bonds to provide funds for the construction of a new courthouse in Clark County, Nevada, in the amount of $4,000,000 authorized by chapter …………, (inserting in such blank space the chapter number of this act) Statutes of Nevada 1955, be adopted?”

      When the returns of such election have been ascertained and certified, if the majority of the electors voting shall have voted “Yes,” the bonds authorized by this act may be immediately issued. If the majority of the electors voting shall have noted “No,” this act shall cease to be of any effect, and the bonds authorized hereby shall not be issued.

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

 

________

 

 

CHAPTER 167, AB 245

Assembly Bill No. 245–Committee on Roads and Transportation

CHAPTER 167

AN ACT to amend an act entitled “An Act to provide a general highway law for the State of Nevada,” approved March 23, 1917.

 

[Approved March 22, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 4 1/2 of the above-entitled act, being chapter 169, Statutes of Nevada 1917, at page 309, as amended by chapter 133, Statutes of Nevada 1953, at page 145, is hereby amended to read as follows:

      Section 4 1/2.  1.  The attorney general of Nevada shall be counsel and attorney for the department of highways. The attorney general shall designate one of his deputies to be counsel and attorney for the department of highways in all actions, proceedings and hearings.


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

ê1955 Statutes of Nevada, Page 248 (Chapter 167, AB 245)ê

 

shall designate one of his deputies to be counsel and attorney for the department of highways in all actions, proceedings and hearings. The deputy so designated shall:

      (a) Be the legal adviser of the department of highways in all matters relating to the department and to the powers and duties of its officers.

      (b) Maintain his office in Carson City, Nevada, in an office provided by the board of directors of the department of highways.

      (c) Be paid such compensation for his services from the state highway fund as may be fixed from time to time by the board of directors of the department of highways.

      (d) Be in the unclassified service of the State of Nevada notwithstanding the provisions of chapter 351, Statutes of Nevada 1953.

      2.  The attorney general shall be entitled, in addition to the deputy so assigned to the department of highways, to one deputy and one chief assistant in the unclassified service of the State of Nevada, as provided in section 18 of chapter 351, Statutes of Nevada 1953.

 

________

 

 

CHAPTER 168, AB 355

Assembly Bill No. 355–Mr. Byrne

CHAPTER 168

AN ACT to amend an act entitled “An Act defining and relating to narcotic drugs, prohibiting the use, sale, distribution, or administration thereof, except under the lawful direction of duly licensed practicing physicians, dentists, veterinarians, manufacturers, apothecaries and others, prohibiting the unlawful possession, use, sale, distribution or administration thereof, and to make uniform the law with reference thereto, prescribing penalties for the violation hereof, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict herewith,” approved February 24, 1937.

 

[Approved March 22, 1955]

 

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 5091.06, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:

      Section 6.  Sale by Apothecaries.  (a) An apothecary, in good faith, may sell and dispense narcotic drugs to any person upon a written prescription or an oral prescription in pursuance to regulations promulgated by the United States Commissioner of Narcotics under federal narcotics statutes, of a physician, dentist, or veterinarian, dated and signed by the person prescribing on the day when issued and bearing the full name and address of the patient for whom, or of the owner of the animal for which, the drug is dispensed, and the full name, address, and registry number under the federal narcotic laws of the person prescribing, if he is required by those laws to be so registered. If the prescription be for an animal it shall state the species of animal for which the drug is prescribed. The person filling the prescription shall write the date of filling and his own signature on the face of the prescription. The prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of two years, so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this act.


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

ê1955 Statutes of Nevada, Page 249 (Chapter 168, AB 355)ê

 

on file by the proprietor of the pharmacy in which it is filled for a period of two years, so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this act. The prescription shall not be refilled.

      (b) The legal owner of any stock of narcotic drugs in a pharmacy, upon discontinuance of dealing in said drugs, may sell said stock to a manufacturer, wholesaler, or apothecary, but only on an official written order.

      (c) An apothecary, only upon an official written order, may sell to a physician, dentist, or veterinarian, in quantities not exceeding one ounce at any time, aqueous or oleaginous solutions of which the content of narcotic drugs does not exceed a proportion greater than twenty percent of the complete solution, to be used for medical purposes.

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

 

________

 

 

CHAPTER 169, AB 363

Assembly Bill No. 363–Mr. Vaughan

CHAPTER 169

AN ACT to repeal an act entitled “An Act to provide for the service of process upon nonresidents in actions or proceedings against such nonresidents growing out of any accident or collision in which such nonresidents may be involved while operating a motor vehicle upon the public highways of this state,” approved March 10, 1937.

 

[Approved March 22, 1955]

 

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

do enact as follows:

 

      Section 1.  The above-entitled act, being chapter 57, Statutes of Nevada 1937, at page 99, also designated as sections 4441.01 to 4441.05, inclusive, 1929 N.C.L. 1941 Supp., is hereby repealed.

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

 

________

 

 

CHAPTER 170, SB 182

Senate Bill No. 182–Committee on Finance

CHAPTER 170

AN ACT providing for the relief of Charles T. Bane.

 

[Approved March 22, 1955]

 

      Whereas, The State of Nevada issued warrant number 95925 to Charles T. Bane on March 13. 1951; and

      Whereas, Mr. Bane’s address was unknown at the time; and

      Whereas, The controller of the State of Nevada has now ascertained the whereabouts of Mr. Bane; now, therefore,

 

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

do enact as follows:

 

      Section 1.  The sum of $6.73 is hereby appropriated out of any moneys in the general fund of the state treasury, not otherwise appropriated, and the state controller is hereby directed to draw his warrant therefor in favor of Charles T.


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

ê1955 Statutes of Nevada, Page 250 (Chapter 170, SB 182)ê

 

moneys in the general fund of the state treasury, not otherwise appropriated, and the state controller is hereby directed to draw his warrant therefor in favor of Charles T. Bane, and the state treasurer is hereby directed to pay the same.

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

 

________

 

 

CHAPTER 171, SB 206

Senate Bill No. 206–Senator Black

CHAPTER 171

AN ACT fixing the compensation of the county officers of Humboldt County, Nevada; regulating the employment and compensation of deputies and other employees of officers; repealing a certain act; and other matters properly relating thereto.

 

[Approved March 22, 1955]

 

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

do enact as follows:

 

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

      Sec. 2.  The district attorney of Humboldt County shall receive an annual salary of $5,000 for all his services as such officer. The district attorney shall be allowed only his actual traveling expenses while attending to official business of the county or state. No claim for expenses, any part of which pertains to any private matter or to the business of any client, shall be allowed or paid under this act by the board of county commissioners of Humboldt County or any governmental agency. He may employ a stenographer whose annual compensation shall not exceed $1,500 to be paid in like manner as other county officers are paid.

      Sec. 3.  The sheriff of Humboldt County shall receive an annual salary of $5,000. He shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature; provided, that when it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor and his living expenses while away from the county seat in the discharge of his official duties. He shall also be reimbursed for any and all telegraphic and telephone calls necessary in the discharge of his official duties. He shall present to the board of county commissioners a bill of items of such necessary expenses actually paid which shall be certified under oath, and the board of county commissioners shall audit and allow the claims in the same manner as other county expenses are audited and allowed. The sheriff of Humboldt County is hereby authorized and empowered to employ one undersheriff who shall receive an annual salary not to exceed $4,500. In cases of emergency and when the board of county commissioners deem it necessary the sheriff may, with the consent and approval of the board, appoint one or more deputies, such deputy or deputies to serve only as long as the emergency may continue and to be paid at the rate of $8 per day for inexperienced deputies, and $10 per day for experienced deputies.


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

ê1955 Statutes of Nevada, Page 251 (Chapter 171, SB 206)ê

 

with the consent and approval of the board, appoint one or more deputies, such deputy or deputies to serve only as long as the emergency may continue and to be paid at the rate of $8 per day for inexperienced deputies, and $10 per day for experienced deputies.

      Sec. 4.  The county clerk of Humboldt County and ex officio clerk of the district court of the sixth judicial district of the State of Nevada, in and for the county of Humboldt, shall receive an annual salary of $5,000. The county clerk may employ a deputy clerk at a salary not to exceed $3,300 per year, and one ex officio election clerk at a salary of not to exceed $300 per year. The county clerk shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.

      Sec. 5.  The county recorder of Humboldt County and ex officio auditor shall receive an annual salary of $5,000 as compensation for all his services as such officer. He may employ one office clerk at a salary not to exceed $3,300 per year, and may employ such additional office clerks as may be found necessary at salaries as set forth in section 9 of this act. He shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.

      Sec. 6.  The county assessor of Humboldt County shall receive an annual salary of $5,000, together with the additional sum of $600 per year for travel expense and mileage, which sums shall be paid to him in 12 equal monthly installments. The county assessor may appoint one chief deputy assessor at a salary not to exceed $4,500 per year, and may employ necessary office clerks, at salaries set forth in section 9 of this act. He shall pay into the county treasury each month all moneys collected by him as fees without deduction of any nature.

      Sec. 7.  The county treasurer and ex officio tax receiver of Humboldt County shall receive an annual salary of $5,000 which shall be in full compensation for all services rendered by the county treasurer. The county treasurer may employ one office clerk at a salary not to exceed $3,300 per year. The county treasurer shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.

      Sec. 8.  The county commissioners of Humboldt County shall each receive an annual salary of $1,800 which shall be in full compensation for all services whatsoever required of the commissioners, and shall receive not to exceed 10 cents per mile for each mile necessarily traveled by the shortest practicable route in going to and returning from meetings of the board of county commissioners or of the board of highway commissioners. No mileage allowance shall be made to any commissioner residing at the county seat. It is further provided that the county commissioners shall receive 10 cents per mile for use of private automobiles used on county business. Claims for this mileage must be approved by the board of county commissioners.

      Sec. 9.  The office clerks employed by the county recorder, county clerk, county treasurer and county assessor of Humboldt County shall receive an annual salary of not less than $2,400 per year, and not to exceed $3,300 per year, the salary to be based on the experience and ability of the clerk employed.


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

ê1955 Statutes of Nevada, Page 252 (Chapter 171, SB 206)ê

 

      Sec. 10.  Chapter 27, Statutes of Nevada 1953, at page 24, entitled “An Act fixing the compensation of the county officers of Humboldt County, Nevada, and regulating the employment and compensation of deputies and other employees of officers,” approved February 26, 1953, is hereby repealed.

      Sec. 11.  This act shall become effective April 1, 1955.

 

________

 

 

CHAPTER 172, SB 210

Senate Bill No. 210–Committee on Finance

CHAPTER 172

AN ACT to provide an additional and supplemental appropriation for traveling expenses of the district judges for the biennium ending June 30, 1955.

 

[Approved March 22, 1955]

 

      Whereas, By the provisions of section 64 of chapter 294, Statutes of Nevada 1953, at page 464, there was appropriated for the traveling of expenses of the district judges to be apportioned by the state board of examiners the sum of $14,500; and

      Whereas, From July 1, 1953, to the present time there has been an exceptional increase in required travel by the district judges in the execution of their judicial duties; and

      Whereas, There will be a deficiency for the fiscal year ending June 30, 1955; now, therefore,

 

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

do enact as follows:

 

      Section 1.  For the biennium ending June 30, 1955, there is hereby appropriated out of the state treasury out of any moneys not otherwise appropriated, the sum of $1,000 for the traveling expenses of the district judges to be apportioned by the state board of examiners, as an additional and supplemental appropriation to that allowed by section 64 of chapter 294, Statutes of Nevada 1953.

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

 

________

 

 

CHAPTER 173, AB 23

Assembly Bill No. 23–Mr. Wood and Miss Frazier

CHAPTER 173

AN ACT to amend an act entitled “An Act concerning minors adjudged delinquent, providing for the administration and organization of the Nevada school of industry, repealing an act in conflict herewith, and other matters relating thereto,” approved March 21, 1953.

 

[Approved March 22, 1955]

 

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 197, Statutes of Nevada 1953, at page 230, is hereby amended to read as follows:


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

ê1955 Statutes of Nevada, Page 253 (Chapter 173, AB 23)ê

 

      Section 4.  The school of industry advisory board shall be an advisory body to the superintendent, and as such shall have the following advisory powers and duties:

      (1) To be informed on and interested in the entire field of legislation and administration concerning the care of minors adjudged delinquent.

      (2) To advise the superintendent concerning the organization and administration of the school and to approve out-of-state institutions for the commitment of female inmates. The superintendent shall report to the board upon all matters concerning the administration of his office, and he shall request the advice and counsel of the board on matters concerning the policy thereof; provided, however, that the superintendent shall be responsible for the conduct and policies of the school and its administrative functions, unless otherwise provided by law.

      (3) To report to the governor and legislature on all matters which it may deem pertinent to the school, and concerning any specific matters previously requested by the governor.

      (4) To advise and make recommendations to the governor or legislature relative to the policy of the state concerning minors adjudged delinquent.

      (5) To advise the superintendent with respect to the preparation and amendment of rules and regulations to give effect to the provisions of this act.

      (6) To exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this act.

      (7) To keep minutes of the transactions of each board meeting, regular or special, which shall be public records and filed with the school.

      Sec. 2.  Section 9 of the above-entitled act, being chapter 197, Statutes of Nevada 1953, at page 231, is hereby amended to read as follows:

      Section 9.  The superintendent shall cause a department of instruction to be organized for the inmates of the school, with programs of study corresponding so far as practicable, with programs of study given in the elementary and high schools of the state. The superintendent may arrange for industrial training and the teaching of various trades, and he may purchase such supplies and equipment as may be necessary for the teaching of such programs of study. If deemed practicable, inmates of the school may be enrolled for instruction at the Elko County high school, and the superintendent shall provide transportation for such inmates to the high school. The superintendent may also arrange for the employment of inmates upon ranches, farms and in other occupations during the summer vacation months and for other periods which he deems proper for the full utilization of their time and productive capacities; provided the inmates are not compelled to accept such employment against their desires. The amounts to be paid to the inmates and the working conditions under which they shall be employed, shall be determined by the superintendent and the employer and shall, at the discretion of the superintendent, be paid in whole or in part to the inmate or to the superintendent for safekeeping as provided for in section 15 of this act.


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

ê1955 Statutes of Nevada, Page 254 (Chapter 173, AB 23)ê

 

safekeeping as provided for in section 15 of this act. The ultimate purpose of all such instruction, training, employment and industries shall be to qualify inmates for profitable and honorable employment, and to enable them to lead useful lives after their release from the institution.

      Sec. 3.  Section 17 of the above-entitled act, being chapter 197, Statutes of Nevada 1953, at page 232, is hereby amended to read as follows:

      Section 17.  It shall be lawful for the courts to commit to the school those minor persons whom they have found to be delinquents as provided by law. In the case of a female minor, and upon the written request of the superintendent, the court may order her commitment to a school approved by the advisory board outside of the State of Nevada. No person or persons employed, elected, or appointed to any position of honor or profit at the school shall be nominated or appointed as guardian of the person or estate of a person who is or ever has been an inmate of the school; provided, however, that if such person be related by blood to such employee or appointee, this disability shall not apply.

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

 

________

 

 

CHAPTER 174, SB 133

Senate Bill No. 133–Senator Slattery

CHAPTER 174

AN ACT to amend an act entitled “An Act relating to the destruction of wild horses and burros, requiring a permit therefor, and providing a penalty for the violation thereof,” approved March 13, 1913.

 

[Approved March 22, 1955]

 

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 3958, N.C.L. 1929, is hereby amended to read as follows:

      Section 1.  Any resident of the State of Nevada is hereby authorized, and it shall be lawful for such resident to kill, capture, remove, sell or otherwise dispose of any wild, unbranded horse, mare, colt or burro found running at large on any of the public lands or ranges within the State of Nevada; but such person shall first file with the board of county commissioners of the county in which he desires to kill or capture any such animals a written application generally describing the range or public lands upon which he intends to kill or capture such animals. Notice of the application, generally describing the range or public lands, shall be published in the legal notices of the newspaper in the county in which the applicant files his application, at the time such application is filed, and the cost of publication of the notice shall be paid by the applicant. The board of county commissioners shall have the power to grant or refuse the application, prescribe any conditions as the circumstances may warrant, and may, at any time, revoke the permit given under any application, and under the provisions of this act without assigning any reasons therefor.


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

ê1955 Statutes of Nevada, Page 255 (Chapter 174, SB 133)ê

 

act without assigning any reasons therefor. Before the permission granted by such board of county commissioners shall become effective, the applicant shall file with and have approved by such board of county commissioners, a bond in the sum of $2,000 with two sureties, such bond to be conditioned that the applicant will comply with the provisions of this act and be answerable in damages to the owner or owners of any branded horses which he kills, captures, removes, sells or otherwise disposes of contrary to the provisions of this act.

      Sec. 2.  The above-entitled act, being chapter 95, Statutes of Nevada 1913, at page 118, also designated as sections 3958 to 3961, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 3.5, which shall immediately follow section 3 and shall read as follows:

      Section 3.5.  It shall be unlawful for any person, under the provisions of this act, to hunt wild horses, mares, colts or burros by means of airborne vehicles of any kind, or motor-driven vehicles of any kind or to pollute watering holes in order to trap, kill, wound or maim such animals, but the provisions of this act shall not be construed to conflict with the provisions of any federal law or regulation governing the hunting or driving of horses, mares, colts or burros by means of airborne or motor-driven vehicles.

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

 

________

 

 

CHAPTER 175, AB 296

Assembly Bill No. 296–Miss Frazier

CHAPTER 175

AN ACT authorizing the state board of vocational education to enter into an agreement with the United States Government for vocational rehabilitation disability determinations; designating the state treasurer as custodian of funds received from the Federal Government; providing for the disbursement and expenditure of funds, and other matters properly relating thereto.

 

[Approved March 22, 1955]

 

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

do enact as follows:

 

      Section 1.  In order to facilitate the making of vocational rehabilitation disability determinations in this state, the state board of vocational education on behalf of the State of Nevada is hereby authorized to enter into an agreement with the United States Government, by and through the Secretary of Health, Education and Welfare, for the making of disability determinations, receiving and expending federal funds for the making of such determinations and other acts and functions necessary to effectuate the provisions of title 2 of the Social Security Amendments Act of 1954, being Public Law 761, 83rd Congress of the United States, and in conformity with section 221 thereof and with all applicable federal regulations adopted pursuant thereto.

      Sec. 2.  The state treasurer is hereby authorized and directed to act as custodian of the moneys paid by the Federal Government to the State of Nevada to carry out the agreement referred to in section 1 of this act and he shall provide for the proper custody and disbursement thereof.


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

ê1955 Statutes of Nevada, Page 256 (Chapter 175, AB 296)ê

 

the State of Nevada to carry out the agreement referred to in section 1 of this act and he shall provide for the proper custody and disbursement thereof. The state board of vocational education, by and through the superintendent of public instruction as executive officer of the board, shall make the disability determinations required by section 221, title 2 of the Social Security Amendments Act of 1954, and the state treasurer is directed to disburse the funds required for the making of such determinations upon claims by the executive officer of the state board of vocational education, in the same manner as other claims against the state are paid.

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

 

________

 

 

CHAPTER 176, AB 373

Assembly Bill No. 373–Mr. Berrum

CHAPTER 176

AN ACT providing for the organization and operation of watershed protection and flood prevention districts in this state; defining certain words and terms; designating the procedure to be followed in the creation of a district and the alteration of its boundaries; providing for the government of the district and the powers and duties of its officers; authorizing the levy and collection of a special tax to pay the costs and expenses of the district; providing for the dissolution of districts; and other matters properly relating thereto.

 

[Approved March 22, 1955]

 

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

do enact as follows:

 

      Section 1.  Short Title.  This act may be known and cited as the Watershed Protection and Flood Prevention District Act of 1955.

      Sec. 2.  Definitions.  As used in this act:

      1.  “Watershed” means all land and water within a natural drainage area of 250,000 acres or less.

      2.  “Works of improvement” means any undertaking for:

      (a) Flood prevention (including structural and land-treatment measures): or

      (b) Agricultural phases of the conservation, development, utilization and disposal of water,

in watershed or subwatershed areas not exceeding 250,000 acres and not including any single structure which provides more than 5,000 acre-feet of total capacity.

      Sec. 3.  Petition for Creation of District.

      1.  A proposal for the establishment of a watershed protection and flood prevention district not exceeding 250,000 acres may be instituted by a petition signed by at least 10 percent of the owners of real property within the proposed district as evidenced by the county assessor’s last assessment roll.

      2.  The petition shall:

      (a) Indicate the purposes, boundaries and declare that the public interests or necessity demands the creation and maintenance of a watershed protection and flood prevention district within the county.


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

ê1955 Statutes of Nevada, Page 257 (Chapter 176, AB 373)ê

 

watershed protection and flood prevention district within the county.

      (b) Be presented to the board of county commissioners of the county wherein the real property is situated, accompanied with a good and sufficient bond, to be approved by the board of county commissioners, in an amount of the probable cost of organizing the district and conditioned that the principals and sureties will pay all costs if the formation of the district is not effected.

      Sec. 4.  Hearing on Petition; Order Creating District.

      1.  Upon receipt of the petition the board of county commissioners shall set a date for a public hearing upon the petition. Notice of such hearing shall be published twice in a newspaper published in the county and of general circulation within the area of the proposed district.

      2.  After the hearing, or as soon thereafter as possible for the board of county commissioners to obtain the necessary information upon which to base its decision, the board of county commissioners shall issue an order approving or disapproving the creation of the district.

      Sec. 5.  Alteration of District Boundaries.  Whenever the board of county commissioners shall, after public hearing, determine that it is in the public interest to alter the territorial limits of the district, it shall so order. Thereupon, the territorial limits of the district shall be considered as altered in accordance with the order.

      Sec. 6.  Board of Directors: Appointment; Terms; Vacancies; Compensation.

      1.  The government of the district shall be vested in a board of three directors to be appointed by the board of county commissioners from among the qualified electors of the district within 30 days after the creation of the district.

      2.  The regular terms of directors of the district after the first term shall be 4 years. Each director shall hold office until his successor is selected by the board of county commissioners and qualifies. Each director shall, before entering upon the discharge of his duties, take and subscribe to the constitutional oath of office and furnish a bond in such penal sum as the board of county commissioners may, from time to time, determine. The bond shall be conditioned upon the faithful and impartial performance of duty, and the oath of office and the bond shall be approved by and filed with the board of county commissioners. The first directors of the district shall be selected for terms of 2, 3 and 4 years, respectively.

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

      4.  No director shall receive compensation from the district for his services, but he shall be entitled to be reimbursed for actual and necessary expenses incurred by him in the performance of his duties.

      5.  Annually, the board of directors shall elect from among its members a president and a secretary.


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

ê1955 Statutes of Nevada, Page 258 (Chapter 176, AB 373)ê

 

      Sec. 7.  Powers and Duties of Directors.  The board of directors of the district shall have the following powers and duties:

      1.  To exercise by vote, ordinance or resolution all of the general powers of the district.

      2.  To make all needful rules, regulations and bylaws for the management and the affairs of the district and of the board.

      3.  To adopt a seal for the district, prescribe the style thereof, and to alter the same at pleasure.

      4.  To inquire into any matters relating to the affairs of the district, to compel by subpena the attendance of witnesses and the production of books and papers material to any such inquiry, to administer oaths to witnesses, and to examine such witnesses.

      5.  To employ necessary clerical assistance to hold office during the pleasure of the board of directors, and upon such terms and conditions as the board of directors may require.

      6.  To cooperate and to act in conjunction with the State of Nevada, or any of its engineers, officers, boards, commissions, departments or agencies, or with the Government of the United States, or any of its engineers, officers, boards, commissions, departments or agencies, or with any public or private corporation, in the investigations or construction of any works of improvement for the controlling of flood or storm waters of or flowing into the district, or for the protection of life or property therein, or for the purpose of conserving water for beneficial use within the district.

      7.  To prevent damage to watersheds and to further conservation, development, utilization and disposal of water.

      8.  To conduct such investigations and surveys as may be necessary to prepare plans for works of improvement and to prepare and carry out plans for works of improvement.

      9.  To obtain the cooperation and assistance of federal agencies in carrying out the purposes of the district.

      10.  To receive federal assistance for the installation of works of improvement and meet the conditions required by law and the Secretary of Agriculture under the federal “watershed protection and flood prevention Act” of 1954, being Public Law 566-83d Congress, Chapter 656-2d Session H. R. 6788, approved August 4, 1954, and any act amendatory thereof and supplementary thereto.

      Sec. 8.  Annual Special Tax.

      1.  The board of county commissioners shall levy a special tax annually, or at such time as the same is needed, upon all taxable property situated within the limits of the district in such an amount as may be necessary to pay the costs of administration of the district.

      2.  The proper officers of the county shall levy and collect such special tax as other special taxes are levied and collected, and such tax shall be a lien upon the property.

      3.  The tax herein provided for, when collected, shall be deposited with the county treasurer in a fund in the county treasury which shall be designated as the .......................................................................  County watershed protection and flood prevention district fund. All claims against the fund shall be certified by the president and secretary of the district and approved by the board of county commissioners, and when so certified and approved shall be paid by the county treasurer.


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

ê1955 Statutes of Nevada, Page 259 (Chapter 176, AB 373)ê

 

by the board of county commissioners, and when so certified and approved shall be paid by the county treasurer.

      Sec. 9.  Dissolution of District.  Whenever the board of county commissioners shall, after a public hearing held on reasonable notice, determine that the continued existence of the district is not in the public interest, it shall make an order to that effect. The determination of the board of county commissioners shall be subject to review by certiorari and such other necessary proceedings in the district court of the county wherein the district is contained. Upon dissolution of the district, the assets and liabilities of the district shall be assumed by the county, acting through the board of county commissioners.

      Sec. 10.  Severability.  If any provisions of this act or the application of such provision to any person, body or circumstances shall be held invalid, the remainder of this act, or the application of such provision to persons, bodies or circumstances other than those as to which it shall have been held invalid, shall not be affected thereby.

      Sec. 11.  Effective Date.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 177, SB 213

Senate Bill No. 213–Senator Johnson

CHAPTER 177

AN ACT to amend an act entitled “An Act to incorporate Carson City,” approved February 25, 1875.

 

[Approved March 22, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 10b.(12) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 626, is hereby amended to read as follows:

      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 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 once a week for two weeks 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 state 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.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 260ê

 

CHAPTER 178, SB 227

Senate Bill No. 227–Senator Leutzinger

CHAPTER 178

AN ACT to amend an act entitled “An Act fixing the compensation of the county officers of Eureka county, Nevada, and regulating the employment and compensation of deputies and other employees of said officers and repealing all acts and parts of acts in conflict herewith,” approved February 25, 1953.

 

[Approved March 22, 1955]

 

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 23, Statutes of Nevada 1953, at page 18, is hereby amended to read as follows:

      Section2.  The district attorney shall receive an annual salary of $4,800 for all his services as such officer. He shall pay into the county treasury each month all moneys collected by him as fees as authorized by law without deduction of any nature. The district attorney shall be allowed only his actual expenses while attending to official business of the county or the state; provided, that no claim for expenses any part of which pertains to any private matter or to the business of any client shall be allowed or paid under the provisions of this act by the board of county commissioners.

      Sec. 2.  Section 3 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, at page 18, is hereby amended to read as follows:

      Section 3.  The sheriff shall receive an annual salary of $4,800. He shall pay into the county treasury each month all moneys collected by him as fees without deduction of any nature. When it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat he shall be allowed his necessary and actual traveling expenses therefor and his living expenses while away from the county seat in the discharge of his official duties. He shall also be reimbursed for all telegraph and telephone tolls necessarily made in the discharge of his official duties. He shall present to the board of county commissioners an itemized bill of such necessary expenses actually paid, which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed. The sheriff may employ one undersheriff who shall receive an annual salary of not to exceed $4,300, which salary shall be fixed by the board of county commissioners.

      Sec. 3.  Section 4 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, at page 19, is hereby amended to read as follows:

      Section 4.  The county clerk and treasurer and ex officio clerk of the district court shall receive an annual salary of $4,800. He shall pay into the county treasury each month all moneys collected by him as fees without deduction of any nature.

      Sec. 4.  Section 5 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, at page 19, is hereby amended to read as follows:

      Section 5.  The county recorder and ex officio auditor shall receive an annual salary of $4,800 as compensation for all his services as such officer.


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

ê1955 Statutes of Nevada, Page 261 (Chapter 178, SB 227)ê

 

an annual salary of $4,800 as compensation for all his services as such officer. He shall pay into the county treasury each month all moneys collected by him as fees without deduction of any nature. The county recorder may appoint, from time to time when necessity requires, one deputy who shall receive an annual salary of not to exceed $2,700, which salary shall be fixed by the board of county commissioners.

      Sec. 5.  Section 6 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, at page 19, is hereby amended to read as follows:

      Section 6.  The county assessor shall receive an annual salary of $4,800. He shall pay into the county treasury each month all moneys collected by him as fees and taxes without deduction of any nature. When it becomes necessary to travel a greater distance than 3 miles from the county seat the county assessor shall present to the board of county commissioners an itemized bill of such necessary travel actually incurred, which shall be certified under oath, and the board of county commissioners shall audit and may allow such claim in the same manner as other county expenses are audited and allowed.

      Sec. 6.  Section 9 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, at page 19, is hereby amended to read as follows:

      Section 9.  In case of emergency the district attorney may, with the unanimous consent of the board of county commissioners, employ one deputy who shall receive a monthly salary to be set by the board of county commissioners of not to exceed $225. The deputy district attorney shall be allowed only his actual expenses while attending to the official business of the county or the state; provided, that no claim for expenses any part of which pertains to any private matter or to the business of any client shall be allowed or paid under the provisions of this act by the board of county commissioners.

      Sec. 7.  Section 10 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, at page 19, is hereby amended to read as follows:

      Section 10.  In cases of emergency the county clerk and ex officio county treasurer and the county assessor may each be allowed one deputy to be named by the respective officer. Upon receiving the majority approval of the board of county commissioners, the deputies so named shall receive not to exceed $225 per month, and shall be employed for such time as the board of county commissioners may direct.

      Sec. 8.  This act shall become effective on April 1, 1955.

 

________

 

 


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

ê1955 Statutes of Nevada, Page 262ê

 

CHAPTER 179, SB 2

Senate Bill No. 2–Senator Lovelock

CHAPTER 179

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 22, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 151 of the above-entitled act, being section 3656.151, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:

      Section 151.  Revocation; Refusal or Suspension of Licenses and Levy of Fines.

      1.  The commissioner may, after notice and hearing of the matter hereinafter provided, suspend for not more than 12 months, or may revoke, or refuse to renew any license, or may impose a fine of not more than $100 upon any licensee under this article, or any surplus line broker, or may refuse to issue a license upon an original application therefor, if he finds the holder of or applicant for such license has:

      (a) Willfully violated any provision of the insurance laws; or

      (b) Intentionally made a material misstatement in the application to qualify for such license; or

      (c) Obtained or attempted to obtain a license by fraud or misrepresentation; or

      (d) Been guilty of fraudulent practices; or

      (e) Misappropriated or converted to his own use or is illegally withholding moneys belonging to insurers, policyholders, or others and received in the conduct of his business; or

      (f) Not demonstrated trustworthiness and competency to transact business as an agent, nonresident agent, broker, nonresident broker or solicitor in such manner as to safeguard the public; or

      (g) Materially misrepresented the terms and conditions of policies or contracts of insurance which he seeks to sell or has sold; or

      (h) Been convicted of a felony involving moral turpitude; or

      (i) Changed the address of his place of business without due notice to the commissioner, and the commissioner after diligent effort is unable to locate the licensee. The sending of a registered letter with return receipt requested to the licensee at his last-known address shall be deemed adequate effort on the part of the commissioner to locate the licensee; or

 


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

ê1955 Statutes of Nevada, Page 263 (Chapter 179, SB 2)ê

 

receipt requested to the licensee at his last-known address shall be deemed adequate effort on the part of the commissioner to locate the licensee; or

      (j) Aided, abetted or assisted another person to violate any of the insurance laws of this state.

      2.  The establishment of residence in another state shall be deemed adequate cause for revocation of any license of a resident agent or broker.

      3.  No license shall be suspended, revoked, the renewal thereof refused or the licensee fined without providing an opportunity to the licensee to be heard and produce evidence in his behalf, except a license shall be automatically forfeited and revoked where the resident agent’s or broker’s license of a nonresident agent or broker has been revoked or renewal thereof refused, for cause, in his state of domicile and in all instances covered by paragraph (h) of subsection 1.

      The hearing shall be held at such time and place as the commissioner shall designate in a notice served upon the licensee. Service may be made in person or service shall be considered completed if the notice is mailed to the last-known address of the licensee by registered mail at least 20 days before the date designated therein.

      In the conduct of the hearing the commissioner or any employee of the insurance department designated by the commissioner for such purpose shall have power to administer oaths and to examine any person under oath and in connection therewith to require the production of any books, records or papers relevant to the inquiry.

      No person, partnership, association or corporation and no member, officer or director of a partnership, association or corporation whose license is revoked shall be entitled to a license under this act for a period of one (1) year, or if such revocation be reviewed as prescribed in section 134 of article 17 for a like period after the final determination thereof confirming the action of the commissioner in revoking such license except that the conviction of a member of a partnership, association or corporation shall not affect the license status of the other licensees in a partnership, association or corporation, unless such other licensees shall have knowingly aided, abetted or assisted in the violation.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 264ê

 

CHAPTER 180, SB 4

Senate Bill No. 4–Senator Lovelock

CHAPTER 180

AN ACT to amend an act entitled “An Act to provide a code for the licensing, regulation and supervision of insurance adjusters by the insurance commissioner of the State of Nevada, and providing penalties for the violation thereof,” approved March 28, 1953.

 

[Approved March 22, 1955]

 

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 chapter 333, Statutes of Nevada 1953, at page 563, is hereby amended to read as follows:

      Section 8.  Qualifications for Adjuster’s License.  The commissioner shall license as an adjuster only an individual who has otherwise complied with this code therefor and who has furnished evidence satisfactory to the commissioner that he is qualified as follows:

      (a) Is at least 21 years of age.

      (b) Has been a bona fide resident of this state for at least 3 months or is a resident of a state which will permit residents of this state to act as adjusters in such other state.

      (c) Is a trustworthy person with good reputation.

      (d) Has had at least 1 year’s experience, or special training with reference to handling of loss claims under insurance contracts of sufficient duration and extent reasonably to make him competent to fulfill the responsibilities of an adjuster.

      (e) Has successfully passed any examination as required under this act.

      (f) Has posted the bond or bonds required under section 12 of this act.

      (g) Has never been convicted of a felony.

      Sec. 2.  Section 11 of the above-entitled act, being chapter 333, Statutes of Nevada 1953, at page 564, is hereby amended to read as follows:

      Section 11.  Agent May Adjust-Out-of-State Adjusters.

      1.  On behalf of, and as authorized by, an insurer for which he is licensed as an agent, an agent may from time to time act as an adjuster without being required to be licensed as an adjuster, except that no agent may act as an adjuster for a company with whom he has a retrospective contract on losses incurred under policies written by him, nor may an agent be concurrently licensed as an agent and an adjuster or vice versa.

      2.  No license by this state shall be required of a nonresident independent adjuster, for the adjustment in this state of a single loss, or of losses arising out of a catastrophe common to all such losses.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 265ê

 

CHAPTER 181, SB 6

Senate Bill No. 6–Senator Lovelock

CHAPTER 181

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 22, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 121P of the above-entitled act, as added by chapter 100, Statutes of Nevada 1947, at page 347, is hereby amended to read as follows:

      Section 121P.  Hearing Procedure and Judicial Review.

      (1) Any insurer or rating organization aggrieved by any order or decision of the commissioner made without a hearing, may within thirty days after notice of the order to the insurer or organization, make written request to the commissioner for a hearing thereon. The commissioner shall hear such party or parties within twenty days after receipt of such request and shall give not less than ten days’ written notice of the time and place of the hearing. Within thirty days after such hearing the commissioner shall affirm, reverse, or modify his previous action, specifying his reasons therefor. Pending such hearing and decision thereon, the commissioner may suspend or postpone the effective date of his previous action.

      (2) Nothing contained in this act shall require the observance at any hearing of formal rules of pleading or evidence.

      (3) Any order or decision of the commissioner shall be subject to review by trial de novo, either with or without first requesting a hearing thereon before the commissioner, as in section 134 of article 17 provided. The court may, in disposing of the issue before it, modify, affirm, or reverse the order or decision of the commissioner in whole or in part according to the preponderance of the evidence.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 266ê

 

CHAPTER 182, SB 7

Senate Bill No. 7–Senator Lovelock

CHAPTER 182

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 22, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 134 of the above-entitled act, being section 3656.134, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:

      Section 134.  Court Review of Orders and Decisions.  (1) Any order or decision made, issued or executed by the commissioners, except an order to make good an impairment of capital or surplus of a deficiency in the amount of admitted assets, whereby any company or person is aggrieved, shall be subject to review by the district court of Ormsby County.

      (2) Any company or person aggrieved by an order or decision of the commissioner, may, within 60 days after the order or decision has been mailed to or otherwise served upon the company or person entitled to receive the same, appeal from such order or decision by filing a petition for a review of the findings of the commissioner in the district court of Ormsby County. If an appeal is not so taken it shall conclusively be deemed to have been waived.

      (3) The commencement of proceedings under this section shall not operate as a stay of the commissioner’s order, findings, ruling or decision, unless so ordered by the court.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 267ê

 

CHAPTER 183, AB 398

Assembly Bill No. 398–Committee on State Institutions

CHAPTER 183

AN ACT authorizing the superintendent of the Nevada state hospital to sell certain real property belonging to the Nevada state hospital; specifying the purchase price thereof; and other matters properly relating thereto.

 

[Approved March 22, 1955]

 

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

do enact as follows:

 

      Section 1.  The superintendent of the Nevada state hospital is hereby authorized and empowered to sell and convey the following described real property, owned by the Nevada state hospital, being and lying in Washoe County, Nevada, being a portion of the NW 1/4 of the NE 1/4 of section 7, T. 19 N., R. 20 E., M.D.B.&M., and more particularly described as:

      A triangular piece of real property containing approximately 24,990 square feet or five-eighths of an acre, having a base of approximately 84 feet, one side of 590 feet and the other side of 600 feet, bounded on the south by the Southern Pacific Railroad right-of-way and on the north by U.S. Highway No. 40, the triangle lying west of what is sometimes known as Asylum Road.

      Sec. 2.  The real property herein authorized to be sold and conveyed shall not be sold for less than $2,500 per acre and the superintendent of the Nevada state hospital shall issue his deed to the purchaser or purchasers upon payment in full of the purchase price. The full amount of such purchase price shall be deposited by the superintendent in the state treasury to the credit of the general fund. All sales may be public with or without notice having been given by the superintendent.

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

 

________

 

 

CHAPTER 184, AB 397

Assembly Bill No. 397–Committee on State Institutions

CHAPTER 184

AN ACT authorizing the superintendent of the Nevada state hospital to sell certain real property belonging to the Nevada state hospital; specifying the purchase price thereof; and other matters properly relating thereto.

 

[Approved March 22, 1955]

 

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

do enact as follows:

 

      Section 1.  The superintendent of the Nevada state hospital is hereby authorized and empowered to sell and convey any part or all of the following described real property owned by the Nevada state hospital being and lying in Washoe County, Nevada, and being portions of the N 1/2 of the NE 1/4 of section 7, T. 19 N., R. 20 E., M.D.B.&M., and more particularly described by metes and bounds as follows:


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

ê1955 Statutes of Nevada, Page 268 (Chapter 184, AB 397)ê

 

      Parcel No. 1.  Beginning at a point on the north boundary of said section 7 which bears S. 89° 35ʹ 54ʺ W., a distance of 1310.39 feet from the NE corner of said section 7; thence S. 46° 25ʹ 20ʺ W., along the northerly right-of-way line of Kietzke Lane, a distance of 169.55 feet to a point; thence S. 56° 53ʹ 25ʺ W., along said right-of-way line, a distance of 204.07 feet to a point; thence 12° 02ʹ 00ʺ W., along the westerly boundary of this parcel, a distance of 231.03 feet to a point on the aforesaid north boundary of section 7; thence N. 89° 35ʹ 54ʺ E., along said section line, a distance of 341.94 feet to the point of beginning, and containing an area of 0.960 of an acre, more or less.

      Parcel No. 2.  Beginning at a point on the north boundary of said section 7 which bears S. 89° 35ʹ 54ʺ W., a distance of 1067.01 feet from the NE corner of said section 7; thence S. 31° 17ʹ 58ʺ E., along the easterly boundary of this parcel, a distance of 358.80 feet to a point on the northerly right-of-way line of the Southern Pacific Railroad; thence from a tangent which bears N. 82° 54ʹ 45ʺ W., curving to the left along said right-of-way line with a radius of 11524.20 feet, through an angle of 2° 20ʹ 07ʺ, an arc distance of 469.71 feet to a point on the southerly right-of-way line of Kietzke Lane; thence N. 21° 02ʹ 34ʺ E., along said right-of-way line, a distance of 93.27 feet to a point; thence N. 46° 25ʹ 20ʺ E., along said right-of-way line, a distance of 247.46 feet to a point on the aforesaid north boundary of section 7; thence N. 89° 35ʹ 54ʺ E., along said section line, a distance of 68.00 feet to the point of beginning, and containing an area of 1.802 acres, more or less.

      Parcels Nos. 1 and 2 are subject to easements for an 18-inch drain and an 8-inch drain previously conveyed to the Nevada state highway department.

      Parcel No. 3.  Beginning at a point on the north boundary of said section 7 which bears S. 89° 35ʹ 54ʺ W., a distance of 701.48 feet from the NE corner of said section 7; thence S. 0° 24ʹ 06ʺ E., along the east boundary of this parcel, a distance of 332.87 feet to a point on the north right-of-way line of the Southern Pacific Railroad; thence N. 82° 24ʹ 55ʺ W., along said railroad right-of-way line, a distance of 83.03 feet to a point; thence from a tangent which bears the last described course, curving to the left along said railroad right-of-way with a radius of 11524.20 feet, through an angle of 0° 17ʹ 54ʺ, an arc distance of 60.00 feet to the SW corner of this parcel; thence N. 29° 01ʹ 46ʺ W., along the westerly boundary of this parcel, a distance of 356.77 feet to a point on the aforesaid north boundary of said section 7 and the NW corner of this parcel; thence N. 89° 35ʹ 54ʺ E., along said section line, a distance of 312.56 feet to the point of beginning, and containing an area of 1.663 acres more or less.

      Parcel No. 3 is subject to an easement for an 18-inch drain previously conveyed to the Nevada state highway department.

      Sec. 2.  None of the real property herein authorized to be sold and conveyed shall be sold for less than $2,500 per acre and the superintendent of the Nevada state hospital shall issue his deed to the purchaser or purchasers upon payment in full of the purchase price. The full amount of such purchase price shall be deposited by the superintendent in the state treasury to the credit of the general fund.


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

ê1955 Statutes of Nevada, Page 269 (Chapter 184, AB 397)ê

 

in the state treasury to the credit of the general fund. All sales may be public with or without notice having been given by the superintendent.

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

 

________

 

 

CHAPTER 185, AB 459

Assembly Bill No. 459–Washoe County Delegation Consisting of the Reno Delegation

CHAPTER 185

AN ACT to amend an act entitled “An Act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1903.

 

[Approved March 23, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 1 of Article II of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 83, Statutes of Nevada 1951, at page 91, is hereby amended to read as follows:

      Section 1.  The officers of the city shall be: mayor; six members of the city council; city manager; city attorney; city clerk; judge of the municipal court; city comptroller; city treasurer and tax receiver, the treasurer of Washoe County being ex officio city treasurer and tax receiver; city assessor, the assessor of Washoe County being ex officio city assessor; city engineer; chief of police; chief of fire department; board of health, consisting of not less than three nor more than five persons.

      Sec. 2.  Section 6 of article III of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 103, Statutes of Nevada 1947, at page 388, is hereby amended to read as follows:

      Section 6.  The mayor shall receive a salary in the sum of forty-two hundred dollars per annum, payable monthly.

      Sec. 3.  Section 3 of article IV of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as amended by chapter 83, Statutes of Nevada 1951, at page 93, is hereby amended to read as follows:

      Section 3.  In addition to the duties hereinbefore imposed the city clerk shall be the official license collector of the city and shall collect all city licenses and all other moneys making up the city revenues, except general taxes and special assessments. All licenses and permits shall be printed in triplicate and numbered serially. Every license shall bear the facsimile signature of the mayor and city comptroller and shall be countersigned by the city clerk or his deputy. When the city clerk collects the required fee for any license or permit he shall deliver the original to the licensee, the duplicate to the city comptroller, and retain the triplicate among his own official records.


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

ê1955 Statutes of Nevada, Page 270 (Chapter 185, AB 459)ê

 

retain the triplicate among his own official records. All moneys belonging to the city and collected by any person whomsoever, shall be at once paid over to the city clerk, and the city clerk shall promptly pay the same over together with all moneys in his hands, to the city treasurer. The time and manner of the collection of licenses shall be fully provided for and fixed by ordinance. Whenever any person required by any city ordinance to take out a license, shall fail, neglect or refuse to do so, or shall carry on any licensed business, trade or calling without having procured the requisite license therefor, and the city clerk shall forthwith report such delinquent, whereupon an attachment shall issue without bond on behalf of the city, and the clerk may make the necessary affidavit for attachment. No fees shall be allowed any officer or person unless the same be made as costs from the defendant. The procedure and trial, except as above provided, shall be the same as in other civil cases of similar nature; provided, that any property in any place or building, where by ordinance the business shall be liable for and be taken on attachment or execution without regard to the actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof. There shall be added to every license not obtained within thirty days after the same becomes due and payable, fifty percent of the amount of such license, which shall become a part of the license, and shall, with such license, be collected by the city clerk.

      Sec. 4.  Section 4 of article V of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 148, Statutes of Nevada 1949, at page 309, is hereby amended to read as follows:

      Section 4.  The city attorney shall receive a salary in the sum of $5,100 per annum, payable in twelve monthly installments.

      Sec. 5.  The title of article VII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, is hereby amended to read as follows:

      City Comptroller.

      Sec. 6.  Section 1 of article VII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 83, Statutes of Nevada 1951, at page 94, is hereby amended to read as follows:

      Section 1.  There shall be a city comptroller of the city of Reno. He shall be appointed by the city manager and shall be confirmed by the council. During his tenure of office he shall reside in the city of Reno. The city comptroller shall receive a salary to be fixed by the city council by ordinance. Before entering upon his duties the city comptroller shall take the official oath of office and shall execute a bond in favor of the city for the faithful performance of his duties in such sum and in such form as shall be fixed by the council.

      Sec. 7.  Section 2 of article VII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 83, Statutes of Nevada 1951, at page 94, is hereby amended to read as follows:


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

ê1955 Statutes of Nevada, Page 271 (Chapter 185, AB 459)ê

 

      Section 2.  The city comptroller shall:

      1.  Keep an accurate record of all licenses sold by the city clerk.

      2.  Keep an accurate record and current account of all warrants and orders drawn upon the city treasurer.

      3.  Draw his warrant upon the city treasurer for all claims allowed by the council, signed by the city manager, and certified by the city clerk.

      4.  Perform such other and further duties as may be required or prescribed by motion, resolution or ordinance of the city council or by order of the city manager.

      Sec. 8.  Section 1 of article VIII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as amended by chapter 229, Statutes of Nevada 1913, at page 327, is hereby amended to read as follows:

      Section 1.  The treasurer of Washoe County shall, in addition to the duties now imposed upon him by law, act as treasurer of the city and shall be ex officio city treasurer and tax receiver. He shall receive and safely keep all moneys that shall come to the city by taxation or otherwise, and shall pay the same out, only on claims duly allowed, except the principal and interest of any municipal bonded indebtedness. The city treasurer and tax receiver is hereby authorized and empowered to collect all special assessments which may be levied by authority of this charter, or city ordinance, when they become due and payable, and whenever and wherever the general laws of the State of Nevada regarding the authorized acts of tax receivers may be, the same hereby are, made applicable to the city treasurer and tax receiver of the city of Reno, in the collection of special city assessments.

      The city treasurer shall, with the consent of the city council, designate and appoint the city clerk or other city official as deputy city treasurer, and shall delegate to him all duties imposed by law upon the city treasurer except those duties concerning the collection of taxes and special assessments and the redemption of municipal bonds and their interest coupons. The city clerk or other city official designated and appointed as deputy city treasurer shall receive no additional compensation for services rendered as such deputy city treasurer.

      Sec. 9.  Section 4 of article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as amended by chapter 103, Statutes of Nevada 1947, at page 389, is hereby amended to read as follows:

      Section 4.  A majority of all the members elected to the city council shall constitute a quorum to do business; but a less number may meet and adjourn from time to time, and compel the attendance of the absent members. The city council may adopt rules for the government of its members and proceedings. It must keep a journal of all its proceedings, and upon the call of any one member, or the mayor, must cause the ayes and nays to be taken and entered in its journal upon any question before it. Its deliberations, sessions, and proceedings must be public. The councilmen shall each receive a salary of two thousand four hundred dollars per annum, payable monthly from and after the effective date of this act.


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

ê1955 Statutes of Nevada, Page 272 (Chapter 185, AB 459)ê

 

      Sec. 10.  Section 10.80 of article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 223, Statutes of Nevada 1945, at page 417, is hereby amended to read as follows:

      Section 10.80.  When the assessor shall have completed the assessment he shall report the same to the city council. Such report shall be signed by him and made in the form of a certificate, endorsed on the assessment roll as follows:

      State of Nevada, City of Reno, ss.  To the city council of the city of Reno: I hereby certify and report that the foregoing is the assessment roll and the assessment made by me pursuant to an ordinance of the city council of the city, adopted (give date) for the purpose of paying that part of the cost which the city council decided should be paid and borne by special assessment for the (e.g., for the improvement in that certain ….......................... improvement district defined in city ordinance number ….......................... and as more particularly described by the plats and diagrams thereof on file in the office of the city clerk.) 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 city council hereinbefore referred to, as well as to the charter of the city relating to such assessment.

      Dated, Reno, Nevada, ………………………….A. D., 19…….

                                              ………………………………city assessor.

      Sec. 11.  Section 10.100 of article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 223, Statutes of Nevada 1945, at page 419, is hereby amended to read as follows:

      Section 10.100.  The city council, among other things, shall have the power: When any special assessment roll shall be confirmed by the city council it shall be final and conclusive, except as hereinafter provided; but no such assessment shall be confirmed except by a two-thirds vote of all the members elected to the city council. The city clerk and clerk of the city council shall thereupon deliver to the city comptroller, the assessment roll as confirmed by the city council, with his certificate of such confirmation, and of the date thereof. The city comptroller shall thereupon, without extra compensation, record such assessment roll in his office, in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll. Said roll, when so endorsed and recorded, shall be prima-facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll.

      Sec. 12.  Section 10.140 of article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 223, Statutes of Nevada 1945, at page 421, is hereby amended to read as follows:

      Section 10.140.  When any special assessment shall be confirmed and recorded the city council may, by resolution, direct the city clerk to report to the city assessor a description of such lots and premises as are contained in the special assessment roll, with the total amount of the assessment levied upon each lot if the entire amount is to be paid at once, or the amount of the annual installment with interest added if the assessment is to be paid in installments, and the name of the owner or occupant against whom the assessment was made, and by such resolution require the city assessor to levy the several sums so assessed as a tax upon the several lots of land and improvements, or premises to which they were assessed, respectively, and if the assessment is payable in installments the city council shall annually and at the same time the city tax levy is made, continue to so require the city assessor to levy the installments of special assessments until the whole sum assessed with interest thereon has been paid.


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

ê1955 Statutes of Nevada, Page 273 (Chapter 185, AB 459)ê

 

to report to the city assessor a description of such lots and premises as are contained in the special assessment roll, with the total amount of the assessment levied upon each lot if the entire amount is to be paid at once, or the amount of the annual installment with interest added if the assessment is to be paid in installments, and the name of the owner or occupant against whom the assessment was made, and by such resolution require the city assessor to levy the several sums so assessed as a tax upon the several lots of land and improvements, or premises to which they were assessed, respectively, and if the assessment is payable in installments the city council shall annually and at the same time the city tax levy is made, continue to so require the city assessor to levy the installments of special assessments until the whole sum assessed with interest thereon has been paid. Upon receiving such report, the city assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed and against the persons chargeable therewith as a tax in the general assessment roll next thereafter to be made, in a column for special assessments, and the city comptroller shall extend the same on the roll in the same manner as state and county taxes, or assessments are extended, and thereupon the amount levied in the assessment roll shall be collected and enforced with the other taxes in the assessment roll by the tax receiver, acting as ex officio tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds. In the event any special assessment or assessments provided for herein are not paid when due, it shall be the duty of the city tax receiver to sell the property in the same manner and at the same time, when possible, as property is sold for delinquent state or county taxes; and in such event it shall be the duty of the tax receiver to add thereto the same penalties, charges, and costs as are added for delinquent state and county taxes.

      Sec. 13.  Section 10c of article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as amended by chapter 204, Statutes of Nevada 1937, at page 440, is hereby amended to read as follows:

      Section 10c.  The city council, among other things, shall have power:

      First:  To organize, regulate, maintain, and disband a fire department; to provide for the extinguishment of fire and protection against the same; to regulate or prohibit the storage of gunpowder, tar, pitch, resin, coal, oil, benzine, turpentine, nitro-glycerine, gasoline, fuel petroleum, gas or other explosive, combustible, or inflammable materials within, or transported through the city, or transported within or over the streets of the city, and to prescribe the distance from said city where the same may be stored, held, or kept, or the conditions under which the same may be stored, used, held or kept; to regulate the selling, using, or keeping of firecrackers, fireworks, and the giving of any exhibition of fireworks within the city limits or in any designated portion thereof.

      Second:  To determine, by ordinance, what shall be deemed nuisances, and to provide for the abatement, prevention, and removal of the same.


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

ê1955 Statutes of Nevada, Page 274 (Chapter 185, AB 459)ê

 

the same. To cause the summary abatement and removal of nuisances declared to be such by ordinance and of nuisances per se. Provided, that any nuisance whatsoever may be abated and removed at the cost or expense of the person, partnership, firm, association or corporation creating, maintaining, causing or committing the same, or at the expense of the person, partnership, firm, association, or corporation owning, or in possession, charge or control of the property upon which the nuisance is created, maintained, caused or committed, in the following manner: The person, partnership, firm, association or corporation creating, maintaining, causing or committing the nuisance, or owning, or in possession, charge, or control of the property upon which the same is created, maintained, caused or committed shall be given notice by the city council to abate and remove the same, but if within seven days after the receipt or posting of such notice work has not been commenced to abate or remove the same, or, if work is so commenced if the nuisance is not removed or abated within a reasonable time thereafter, then the city may remove the same at the expense of the persons hereinabove mentioned; said notice shall require the abatement or removal of said nuisance within the times herein stated or that cause be shown within the seven-day period, aforesaid, before the city council, at a meeting called for that purpose by the mayor upon the request of any person interested, why the said nuisance is not abated or removed, or that it is not a nuisance, or that it was caused by the city; said notice shall be served personally upon the person, partnership, firm, association, or corporation creating, maintaining, causing or committing the same, or upon the person, partnership, firm, association, or corporation owning, or in possession, charge or control of the property upon which the same is created, maintained, caused or committed, or if none of said persons can be served personally then said notice shall be served by posting it upon the premises where said nuisance exists and upon the same day mailing a copy thereof to any of the aforesaid persons at his place of business or residence, but if neither said place of business or residence are known then no mailing shall be necessary; if work to abate and remove said nuisance is not commenced within said seven-day period, or if said nuisance is not abated or removed within a reasonable time after said work is commenced, or if cause is not shown in the manner aforesaid, the city shall abate and remove the said nuisance; upon the completion of said abatement and removal by the city, the person in charge of the work of abating and removing said nuisance, or any other proper person, shall file with the city clerk for the city council a verified statement which statement shall include a statement of the work done, all expenses and costs incurred of any nature whatsoever, a description of the premises upon which the work was done and the name of the person, if known, chargeable with such costs and expenses; the city council shall thereupon determine if said costs and expenses were proper, the name of the person chargeable therewith and the premises to be assessed; the city council shall then, by resolution, adopt or revise the said statement and require the city clerk to transfer the said resolution, adopting or revising said statement, with said statement attached, to the city assessor for assessment; the city assessor shall thereupon make an assessment roll and levy a special assessment upon the said premises and against the person chargeable therewith, and after such levy he shall transfer said assessment roll to the city comptroller, who shall thereupon record the same in his office in the same manner as street assessments are recorded; upon recording, said special assessment shall constitute a lien upon said premises assessed and shall remain such until paid; such assessment shall be due and payable upon recording, and if not paid when due it shall be the duty of the city tax receiver to sell the property in the same manner and at the same time with the same penalties, charges and costs as when property is sold for delinquent street assessments; said assessment shall be due in one sum and shall not be divided into installments; provided, that nothing herein contained shall prevent the maintenance of a suit by the city against any of the persons herein mentioned to collect the expense of such abatement and removal, or the prosecution criminally of the perpetrator of such nuisance, or any person responsible therefor, for fine, or imprisonment, or both.


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

ê1955 Statutes of Nevada, Page 275 (Chapter 185, AB 459)ê

 

attached, to the city assessor for assessment; the city assessor shall thereupon make an assessment roll and levy a special assessment upon the said premises and against the person chargeable therewith, and after such levy he shall transfer said assessment roll to the city comptroller, who shall thereupon record the same in his office in the same manner as street assessments are recorded; upon recording, said special assessment shall constitute a lien upon said premises assessed and shall remain such until paid; such assessment shall be due and payable upon recording, and if not paid when due it shall be the duty of the city tax receiver to sell the property in the same manner and at the same time with the same penalties, charges and costs as when property is sold for delinquent street assessments; said assessment shall be due in one sum and shall not be divided into installments; provided, that nothing herein contained shall prevent the maintenance of a suit by the city against any of the persons herein mentioned to collect the expense of such abatement and removal, or the prosecution criminally of the perpetrator of such nuisance, or any person responsible therefor, for fine, or imprisonment, or both.

      Third:  To fix, impose, and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and businesses in this charter mentioned, and all character of lawful trades, callings, industries, occupations, professions, and businesses not herein specifically named whether similar to any trade, calling, industry, occupation, profession or business herein mentioned or not, and to fix, impose and collect a license tax on and to regulate said trades, callings, industries, occupations, professions and businesses whether conducted in whole or in part within the city. To fix, impose, and collect a license tax on and to regulate all theaters, theatrical or melodeon performances, and performances of any, every, and all kinds for which an admission fee is charged; circuses, billiard tables, pool tables, bowling alleys, and all exhibitions and amusements. To fix, impose, and collect a license tax on and regulate all taverns, hotels, restaurants, chop houses, cafes, saloons, eating-houses, lunch-counters, lodging houses, accommodating four or more lodgers, manufacturer, laundries, livery stables, sale stables, cattle and horse corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed-brick yards, street railway companies, operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To license and regulate plumbers and electricians and building contractors, and to regulate the manner in which plumbing and electrical work shall be done; to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing and electrical trades and to prescribe such qualifications; to fix, impose, and collect a license tax on, regulate, prohibit, or suppress all raffles, hawkers and peddlers, except hawkers and peddlers dealing in their own agricultural products of this state. To fix, impose, and collect a license tax on, regulate, prescribe the location of, or suppress, all bar-rooms, gambling games, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brickyards, livery, feed, or sale stables, cattle or horse corrals, foundries, and machine shops and any and all places where wines, spirituous, malt, vinous, or intoxicating liquors are sold, disposed of, or otherwise given away.


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

ê1955 Statutes of Nevada, Page 276 (Chapter 185, AB 459)ê

 

mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brickyards, livery, feed, or sale stables, cattle or horse corrals, foundries, and machine shops and any and all places where wines, spirituous, malt, vinous, or intoxicating liquors are sold, disposed of, or otherwise given away. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull, or badger baits, sparring and sparring contests. To regulate, prohibit, prescribe the location of, and suppress all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dancehouses, having special attraction, such as music or otherwise. To fix, impose, and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of any, every and all kinds, of trades and traders of all kinds, hotels, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, sewing-machine agents, marble or stone dealers, saddle or harness makers, or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, when separate from hardware stores, hardware stores, paint or oil stores, bicycle shops, garages, repair shops, cycleries, warehouses, cold storage plants, daily, weekly, semiweekly, monthly, semimonthly newspapers, or publications, ice peddlers, insurance companies, fire, life, and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies, and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horse-shoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth-cleaning and dyeing establishments, all billiard or pool games or other or any table games played with cue and balls or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, railroad, telegraph and telephone companies, stage companies, electric light, water, and power companies, bankers and brokers of any, every and all kinds, electrical supply houses, job printers, manufacturers of soda water, or other or any soft drinks, or of brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, and retail and wholesale liquor houses, and may define the same; ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contracts, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies, and agents or solicitors for the same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit, and lemonade stands, refreshment or coffee stands, booths and sheds, dry-goods, stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands, or shops, abstract of title companies, or persons furnishing the same, iron works, packing houses, notions and notion stores, pipe and tobacco stores, gasoline stations, places where gasoline is stored, oil companies, automobile agencies, second-hand or otherwise, advertising by billboards, placards, and the like, vendors of goods, wares or merchandise of any nature whatsoever, buyers of all kinds, such as buyers of old gold, bootblack, and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, tobacco stores, cigarette stands, resorts for amusements of all kinds, and all and singular, each and every, and any business, and all trades, and professions, including attorneys, doctors, physicians, and dentists, and all character of lawful business, trade, industry, occupation, profession or calling not herein specifically named, whether similar to any business, trade, industry, occupation, profession or calling herein mentioned or not; provided, that all license fees must be uniform in respect to the class upon which they are imposed and there shall be no discrimination between persons engaged in the same business, but the council may, in its own discretion, proportion the license tax upon any business according to the approximate amount of business done by the licensee.


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

ê1955 Statutes of Nevada, Page 277 (Chapter 185, AB 459)ê

 

gasoline stations, places where gasoline is stored, oil companies, automobile agencies, second-hand or otherwise, advertising by billboards, placards, and the like, vendors of goods, wares or merchandise of any nature whatsoever, buyers of all kinds, such as buyers of old gold, bootblack, and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, tobacco stores, cigarette stands, resorts for amusements of all kinds, and all and singular, each and every, and any business, and all trades, and professions, including attorneys, doctors, physicians, and dentists, and all character of lawful business, trade, industry, occupation, profession or calling not herein specifically named, whether similar to any business, trade, industry, occupation, profession or calling herein mentioned or not; provided, that all license fees must be uniform in respect to the class upon which they are imposed and there shall be no discrimination between persons engaged in the same business, but the council may, in its own discretion, proportion the license tax upon any business according to the approximate amount of business done by the licensee.

      Sec. 14.  Section 10e of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as amended by chapter 168, Statutes of Nevada 1939, at page 249, is hereby amended to read as follows:

      Section 10e.  The city council, among other things, shall have power:

      First:  To control, enlarge, or abolish cemeteries and to sell or lease lots therein; to control and regulate the interments therein, and to prohibit them within city limits, and to prescribe the distance, not to exceed one-half mile, from said city limits, where any building, structure, or tract of land, to be used as or for the purpose of crematories, incinerators, mortuaries, mausoleums, columbaria, or cemeteries may be located; and to provide for the issuance of burial or transit permits and make a charge therefor.

      Second:  To establish, lay out and change fire limits, and regulate or prevent the erection or repair of wooden buildings therein; to regulate and prescribe the material to be used in the construction or repair of buildings or sheds in such limits, and to prevent the erection or construction of any buildings, sheds or other material; to regulate, prescribe the material of, and prohibit awnings, porches, signs, placards, or billboards over sidewalks, or across streets, and to regulate the same throughout the city.

      Third:  To provide by ordinance for registration of all persons possessing the requisite qualifications of voters in the city, such registration to conform as nearly as possible with the requirements of general laws governing registration of persons for general elections; provided that registration of voters shall close 15 days prior to any special, primary or general election.

      Fourth:  To provide and maintain a city prison, and provide for the guarding, safe-keeping, care, feeding, and clothing of the city prisoners.

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


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

ê1955 Statutes of Nevada, Page 278 (Chapter 185, AB 459)ê

 

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

      Sixth:  To regulate or prohibit the use of steam boilers; to regulate the location of telegraph, telephone, electric light, and other poles, and the suspension thereon of wires, and all underground wires and the construction and location of entrances to cellars and basements from sidewalks.

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

      Sec. 15.  Section 10.496 of article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 148, Statutes of Nevada 1949, at page 311, is hereby amended to read as follows:

      Section 10.496.  The city council shall have the power to require or provide for the repair or construction of sidewalks, curbs, or gutters, and to make the cost thereof a lien or charge against the abutting property, and in default of the payment of such costs upon the completion of such work, the same may be made the subject of a special assessment roll as provided in section 10.70 of this article. Before the city council shall require or provide for the repair of construction hereby authorized, it shall give ten (10) days’ notice of its intention so to do to the owners of record of the property to be affected by such repair or construction, and such owners shall be given an opportunity to be heard thereon at a public meeting of the council held for that purpose.

      Sec. 16.  Section 1 of Article XVI of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as amended by chapter 38, Statutes of Nevada 1915, at page 58, is hereby amended to read as follows:

      Section 1.  The fees, salaries or other compensation of officers or other persons shall be regulated by regularly enacted ordinances as to salaries and by resolution as to compensation for persons not regularly employed by the city. All claims for fees, salaries and all expenses necessarily incurred in carrying on the legitimate purposes and duties of the city government and all claims against the city, wherever the nature of such claims will permit, shall be filed with the city clerk and acted upon by the city council at the first regular meeting thereafter, and the city council shall consider and allow or reject the same in the order as presented and filed, and the record of their action shall be entered upon the journal. Upon allowance in whole or in part of any claim, by a majority of all the members elected to the city council, the city clerk shall certify all such claims or portions allowed as the case may be after the same is signed by the mayor to the city comptroller, who shall, if such claim is approved by him, draw a warrant upon the treasurer for the amount so allowed and shall state in general terms the nature of the claim, and when so presented to the treasurer, the same shall be paid by him.


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

ê1955 Statutes of Nevada, Page 279 (Chapter 185, AB 459)ê

 

allowed as the case may be after the same is signed by the mayor to the city comptroller, who shall, if such claim is approved by him, draw a warrant upon the treasurer for the amount so allowed and shall state in general terms the nature of the claim, and when so presented to the treasurer, the same shall be paid by him.

      Sec. 17.  Section 1 of article XVII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as amended by chapter 184, Statutes of Nevada 1915, at page 274, is hereby amended to read as follows:

      Section 1.  A primary municipal election shall be held in the city on the first Tuesday after the first Monday in May, 1955, and on the same day every 4 years thereafter, at which time there shall be nominated candidates for mayor, councilmen as hereinbefore provided, city attorney, city clerk and police judge.

      A candidate for any office to be voted for at the primary municipal election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of primary election. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of $50 for filing an affidavit of candidacy for the office of mayor, or a filing fee of $25 for filing an affidavit of candidacy for any other office. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.

      All candidates, except candidates for councilmen, shall be voted upon by the electors of the city at large. Candidates for councilmen shall be voted upon by the electors of their respective wards to represent the wards in which they reside, in accordance with the provisions of this charter, and from which they file their candidacy.

      If in the primary municipal election one candidate shall receive more than a majority of votes cast in that election for the office for which he is a candidate his name alone shall be placed on the ballot for the general municipal election. If in the primary municipal election no candidate shall receive a majority of votes cast in that election for the office for which he is a candidate then the names of the two candidates receiving the highest numbers of votes shall be placed on the ballot for the general city election.

      A general municipal election shall be held in the city on the first Tuesday after the first Monday in June, 1955, and on the same day every 4 years thereafter, at which time there shall be elected one mayor, councilmen as hereinbefore provided, one city attorney, one city clerk and one police judge. All candidates, except candidates for councilmen, at the general municipal election shall be voted upon by the electors of the city at large. Candidates for councilmen shall be voted upon by the electors of their respective wards to represent the wards in which they reside, in accordance with the provisions of this charter.

      All elections held under this charter shall be governed by the provisions of the election laws of the state, so far as the same can be made applicable and which are not inconsistent herewith. The conduct and carrying on of all city elections shall be under the control of the city council, and they shall by ordinance provide for the holding of the same, appoint the necessary officers thereof, and do all other or further things required to carry the same into effect.


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

ê1955 Statutes of Nevada, Page 280 (Chapter 185, AB 459)ê

 

city council, and they shall by ordinance provide for the holding of the same, appoint the necessary officers thereof, and do all other or further things required to carry the same into effect.

      The officers of the city duly elected at the election held on the first Tuesday after the first Monday in May, 1951, shall hold office until the first regular meeting of the council next succeeding that in which canvass of returns is made following the general municipal election to be held in June, 1955.

      Sec. 18.  Section 2 of article XVII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as amended by chapter 204, Statutes of Nevada 1937, at page 458, is hereby amended to read as follows:

      Section 2.  Every person who resides within the exterior boundaries of the city at the time of holding any city election, and whose name appears upon the official register of voters in and for the city, shall have the right to vote at each city election, whether special, primary or general, and for all officers to be voted for and on all questions that may be submitted to the people at any such general, primary or special city elections, except as herein otherwise provided; and nothing herein contained shall be so construed as to deny or abridge the power of the council to provide for the registration of electors as in this charter hereinbefore provided. Whenever an election, special, primary or general, for any purpose is provided for by law and the person or body to call the election is not named, the election shall be called by the city council.

      Sec. 19.  Section 3 of article XVII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as amended by chapter 71, Statutes of Nevada 1905, at page 137, is hereby amended to read as follows:

      Section 3.  The election returns from any city special, primary or general election, shall be filed with the city clerk, who shall immediately place the same in a safe or vault and no person shall be permitted to handle, inspect or in any manner interfere with the same until canvassed by the mayor and council. The mayor and council shall meet within five days after any election and canvass the returns and declare the result. The election returns shall then be sealed up and kept by the city clerk for six months and no person shall have access thereto except on order of a court of competent jurisdiction, or by order of the council. The city clerk, under his hand and official seal, shall issue to each person declared to be elected, a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the first regular meeting of the council next succeeding that in which canvass of returns was made as above provided.

      Sec. 20.  The above-entitled act, being chapter 102, Statutes of Nevada 1903, is hereby amended by adding to article XIX a new section designated as section 6.5, which shall immediately follow section 6, and shall read as follows:

      Section 6.5.  Whenever in this charter the words “city auditor” or “county auditor acting as ex officio city auditor” or words of like import are used, they shall be deemed to mean “city comptroller.”


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

ê1955 Statutes of Nevada, Page 281 (Chapter 185, AB 459)ê

 

      Sec. 21.  The above-entitled act, being chapter 102, Statutes of Nevada 1903, is hereby amended by adding to article XII a new section designated as section 10.520, which shall immediately follow section 10.515, and shall read as follows:

      Section 10.515.  The city council shall create, maintain and support a municipal band and shall authorize each fiscal year the expenditure of not less than $10,000 for its support and maintenance, which moneys shall be appropriated from general fund of the city or be raised by special tax levy as authorized under the laws of the State of Nevada.

      Sec. 22.  This act, except sections 2, 4 and 9, shall become effective upon passage and approval, and sections 2, 4 and 9 shall become effective on July 1, 1955.

 

________

 

 

CHAPTER 186, SB 246

Senate Bill No. 246–Committee on Finance

CHAPTER 186

AN ACT providing an additional and supplemental appropriation for the support of the state department of buildings and grounds for the biennium ending June 30, 1955.

 

[Approved March 23, 1955]

 

      Whereas, By the provisions of section 12 of chapter 294, Statutes of Nevada 1953, there was appropriated from the general fund for the support of the state department of buildings and grounds the sum of $189,209.65 for the biennium ending June 30, 1955; and

      Whereas, By action of the 46th session of the legislature the state department of buildings and grounds was given the care, maintenance and preservation of the state office buildings in Carson City and Las Vegas, Nevada; and

      Whereas, By action of the legislature the additional duties imposed on the department of buildings and grounds has necessitated the expenditure of amounts over and above the amounts appropriated for the use of the department of buildings and grounds, and

      Whereas, Because of the aforesaid reasons there will be a deficiency for the biennium ending June 30, 1955, for the operation of the state department of buildings and grounds; now, therefore,

 

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

do enact as follows:

 

      Section 1.  For the biennium ending June 30, 1955, there is hereby appropriated from any money in the state treasury not otherwise appropriated the sum of $38,620.17 for the general support of the state department of buildings and grounds as an additional and supplemental appropriation to that allowed by section 12 of chapter 294, Statutes of Nevada 1953.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 282ê

 

CHAPTER 187, AB 192

Assembly Bill No. 192–Messrs. Kean and Byrne

CHAPTER 187

AN ACT to amend an act entitled “An Act regulating the manner and method of weighing and testing milk and cream and dairy products; providing standard methods for the determining of butterfat and other content thereof; providing for the appointment of licensed testers; providing ways and means for standardizing measures, scales, weights, and other apparatus used in creameries or factory of dairy products to determine the amount of percentage of fat in milk or cream; making the commissioner of food and drugs the official in charge of the enforcement of this act; making it unlawful to violate any provision of this act, and other matters properly connected therewith,” approved March 22, 1921.

 

[Approved March 23, 1955]

 

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 2278, N.C.L. 1929, is hereby amended to read as follows:

      Section 4.  Said licensed tester shall, in addition to the records herein required to be kept, record all tests made by him in a permanent book of record, a form for which shall be supplied at cost or approved by the department, and said tests shall be indelibly recorded in said record-book in such a manner as to identify the patron whose milk or cream has been tested, and also in such a manner as to prevent erasures or changes made in these tests, and said record shall be at all times during business hours kept open to the inspection of the commissioner of food and drugs or his agents, or of any officer of the city and county board of health, or of any peace officer of the city, county or state, or of any patron who may be delivering milk or cream to the plant or place where such tests are made.

      Sec. 2.  Section 5 of the above-entitled act, being section 2279, N.C.L. 1929, is hereby amended to read as follows:

      Section 5.  Such licensed tester also shall retain in testable condition a sample of all milk or cream so tested by him for a period of not less than twenty-four hours after said tests of milk or cream have been made, and said tester shall be responsible for the safe keeping of such samples of milk or cream and shall retain the same in his custody for said period of time. The commissioner of food and drugs shall make uniform rules and regulations for the proper enforcement of this act and the same shall be printed in the state printing office and distributed by the commissioner of food and drugs upon application therefor to licensed or other dairymen, creameries and other parties interested in the same. The said commissioner or his duly authorized representative or appointee shall make analyses of all samples of milk or cream deemed necessary for the enforcement of this act.

      Sec. 3.  Section 7 of the above-entitled act, being section 2281, N.C.L. 1929, is hereby amended to read as follows:

      Section 7.  All licenses required herein shall expire at the end of each calendar year, and the fee for issuing and renewing the milk tester’s license shall be $10 for a full year or fraction thereof.


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

ê1955 Statutes of Nevada, Page 283 (Chapter 187, AB 192)ê

 

tester’s license shall be $10 for a full year or fraction thereof. All licenses may be revoked by the commissioner of food and drugs if, after due notice, the licensee fails or has failed to comply with the laws, rules, and regulations under which the license was granted; provided, that the provisions of this section shall not apply to individuals, hotels, restaurants, or boarding-houses, buying milk or cream for private use.

      Sec. 4.  Section 8 of the above-entitled act, being section 2282, N.C.L. 1929, is hereby amended to read as follows:

      Section 8.  The commissioner of food and drugs shall, from time to time, inspect and examine as to their accuracy, or their adaptability to give accurate results, all glassware, measures, scales, weights and other apparatus used in creameries and factories of dairy products, where milk and cream are purchased, to determine the amount of percentage of fat in milk or cream. Said commissioner of food and drugs shall also, upon payment at the rate of one dollar for each dozen, test or examine into the accuracy of all test-bottles or tubes and pipettes sent to it direct from any creamery, or other factory of dairy products, where milk or cream is purchased, and, if found accurate, or adapted to give accurate results, the letters “C. F. D.” shall be marked upon each piece of apparatus examined.

      Sec. 5.  Section 9 of the above-entitled act, being section 2283, N.C.L. 1929, is hereby amended to read as follows:

      Section 9.  That state’s standard measure, or pipette, shall have a capacity of seventeen and six-tenths cubic centimeters, and the standard test-tubes or bottles for milk shall have a capacity of one cubic centimeter of mercury at a temperature of 65 degrees Fahrenheit between “zero” and “five” on the graduated scale on the neck thereof; the scale to have a length of not less than six and five-tenths (6.5) millimeters for each per cent, or six and five-tenths centimeters between zero and ten on the graduated scale on the neck thereof, said scale to be graduated to at least two-tenths of one per cent. The milk-fat in the neck of said bottle to be read from the lower line separation between the fat and the water to the top of the fat column at a temperature not lower than 130 degrees Fahrenheit and not higher than 140 degrees Fahrenheit.

      All cream sold in the State of Nevada on the basis of the richness or the percentage of milk-fat contained therein shall be tested by the Babcock test, using a procedure approved by the food and drug commissioner.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 284ê

 

CHAPTER 188, SB 217

Senate Bill No. 217–Committee on Judiciary

CHAPTER 188

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 23, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 673 of the above-entitled act, being section 9162, N.C.L. 1929, is hereby amended to read as follows:

      Section 673.  The plaintiff may move the court or a judge thereof, at any time after the commencement of suit, on notice for such time as the court or judge may direct to the defendant, if he is a resident of the county, or has appeared in the action, otherwise by serving a notice directed to him on the clerk of the court, for an order permitting the plaintiff to occupy the premises sought to be condemned, pending the action, and to do such work thereon as may be required for the easement sought, according to its nature. The court or a judge thereof shall take proof by affidavit or otherwise, of the value of the premises sought to be condemned and of the damages which will accrue from the condemnation, and of the reasons for requiring a speedy occupation, and shall grant or refuse the motion according to the equity of the case and the relative damages which may accrue to the parties. If the motion is granted, the court or judge shall require the plaintiff to execute and file in court a bond to the defendant, with sureties, to be approved by the court or judge in a penal sum to be fixed by the court or judge, not less than double the value of the premises sought to be condemned and the damages which will ensue from condemnation and occupation, as the same may appear to the court or judge on the hearing, and conditioned to pay the adjudged value of the premises and all damages, in case the property is condemned, and to pay all damages arising from occupation before judgment in case the premises are not condemned, and all costs adjudged to the defendant in the action. The sureties shall justify before the court or judge, after a reasonable notice to the defendant of the time and place of justification. The amounts fixed shall be for the purpose of the motion only, and shall not be admissible in evidence on final hearing. The court or judge may also, pending the action, restrain the defendant from hindering or interfering with the occupation of the premises and the doing thereon of the work required for the easement. The provisions of this section requiring the execution and filing of a bond shall not apply in any action or proceeding in which the State of Nevada is the plaintiff, but the public faith and credit of the State of Nevada is hereby pledged as security in lieu of the bond.

      Sec. 2.  The above-entitled act, being sections 8500 to 9385, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 681.5, which shall immediately follow section 681 and shall read as follows:


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

ê1955 Statutes of Nevada, Page 285 (Chapter 188, SB 217)ê

 

      Section 681.5.  Plaintiff may abandon the proceedings at any time after filing the complaint and before the expiration of 30 days after final judgment, by serving on defendants and filing in court a written notice of such abandonment. Upon such abandonment, on motion of any party, a judgment shall be entered dismissing the proceeding and awarding the defendants their costs and disbursements, which shall include all necessary expenses incurred in preparing for trial and reasonable attorney fees. These costs and disbursements, including expenses and attorney fees, may be claimed in and by a cost bill, to be prepared, served, filed and taxed as in civil actions; but upon judgment of dismissal on motion of plaintiff, defendants, and each of them, may file a cost bill within 30 days after notice of entry of such judgment.

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

 

________

 

 

CHAPTER 189, SB 11

Senate Bill No. 11–Senator Lovelock

CHAPTER 189

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 23, 1955]

 

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

do enact as follows:

 

      Section 1.  The above-entitled act, being chapter 189, Statutes of Nevada 1941, at page 451 also designated as sections 3656-3656.166, 1929 N.C.L. 1941 Supp., is hereby amended by adding thereto a new section to be designated as section 22.5, which shall immediately follow section 22 and shall read as follows:

      Section 22.5.  Petition for Receivership of Domestic Insurance Company: Approval by Commissioner; Procedure; Penalties.

      1.  No application or proceeding for a receivership of any domestic insurance company shall be made in any court in this state by any person whatsoever, nor shall any court receive or entertain such application or proceeding unless and until such application be approved by the commissioner and then such application shall be made only by the attorney general, but the commissioner shall not give his approval until after the examination and hearing by him and the attorney general (which shall not be made public) at which hearing the company affected shall be given ample opportunity to submit the facts as to its condition.


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

ê1955 Statutes of Nevada, Page 286 (Chapter 189, SB 11)ê

 

the attorney general, but the commissioner shall not give his approval until after the examination and hearing by him and the attorney general (which shall not be made public) at which hearing the company affected shall be given ample opportunity to submit the facts as to its condition.

      2.  The company shall be given not less than 5 days’ notice of the hearing to be held by the commissioner and the attorney general. The company shall not be permitted to delay or prolong unduly such hearings, and no injunction, temporary or permanent, can be entertained in any court to prevent the filing of an application for receivership, either before or after the approval as herein required, has been obtained.

      3.  Any person violating any provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $500 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

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

 

________

 

 

CHAPTER 190, SB 12

Senate Bill No. 12–Senator Lovelock

CHAPTER 190

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 23, 1955]

 

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 section 3656.12, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:

      Section 13.  Minimum Capital and Surplus Requirements.

      (1) A stock company organized under this article shall have and at all times maintain a paid-up capital of the amount set forth in its articles of incorporation, which amount shall not be less than the minimum capital requirement applicable to the class and clause or clauses of section 5 describing the kind or kinds of insurance which it is authorized to write, as set forth in the following table:


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

ê1955 Statutes of Nevada, Page 287 (Chapter 190, SB 12)ê

 

LIFE, ACCIDENT, AND HEALTH

      (a) Class 1(a) or (b) one hundred thousand ($100,000) dollars.

      (b) Class 1(a) and (b) two hundred thousand ($200,000) dollars.

 

CASUALTY, FIDELITY, AND SURETY

      (c) Class 2, any one clause, one hundred thousand ($100,000) dollars.

      (d) Class 2, two or more clauses, two hundred thousand ($200,000) dollars.

 

FIRE AND MARINE

      (e) Class 3, any one clause, one hundred thousand ($100,000) dollars.

      (f) Class 3, two or more clauses, two hundred thousand ($200,000) dollars.

 

MULTIPLE LINE

      (g) Classes 2 and 3, three hundred thousand ($300,000) dollars.

      (2) A company in addition to the minimum capital required by subsection (1) shall have at the time of the issuance to it of a license, and all Class 2 and Class 3 companies at the time of the renewal of their license, a paid-in surplus of not less than fifty (50%) percent of its required minimum capital.

      (3) No mutual company organized under this article shall receive a license from the commissioner to issue policies or contracts of insurance until it has complied with the following requirements in respect to original surplus and applications for insurance applicable to the class and clause or clauses of section 5, describing the kind or kinds of insurance it is organized to write, as set forth in the following table:

 

LIFE, ACCIDENT, AND HEALTH

      (a) Class 1(a) and/or (b), bona fide applications, upon which there shall have been paid in cash by each applicant at least one-half (1/2) of the annual premium on the policy applied for, of at least two hundred fifty (250) members who are residents of this state for a death benefit for each member of not less than one thousand ($1,000) dollars if life insurance,. or for an accident and health benefit of not less than ten ($10) dollars per week if accident and health insurance and a surplus of one hundred thousand ($100,000) dollars.

 

CASUALTY, FIDELITY, AND SURETY

      (b) Class 2(a), bona fide applications, upon which there shall have been paid in cash by each applicant at least one-half (1/2) of the annual premium on the policy applied for, from at least two hundred fifty (250) members who are residents of this state, and a surplus of fifty thousand ($50,000) dollars.

      (c) Class 2, any other one clause, bona fide applications from at least forty (40) members, who are residents of this state, for the insurance of at least four hundred (400) risks, upon which there shall have been paid in cash by each applicant at least one-half (1/2) the annual premium on the policy applied for, and a surplus of one hundred thousand ($100,000) dollars.


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

ê1955 Statutes of Nevada, Page 288 (Chapter 190, SB 12)ê

 

      (d) Class 2, two or more clauses, bona fide applications for insurance from at least forty (40) members, who are residents of this state, for the insurance of at least four hundred (400) risks, upon which there shall have been paid in cash by each applicant at least one-half (1/2) the annual premium on the policy applied for, and a surplus of two hundred thousand ($200,000) dollars.

 

FIRE AND MARINE

      (e) Class 3, any or all clauses, bona fide applications for insurance from at least forty (40) members who are residents of this state, for the insurance of at least two hundred fifty (250) separate risks, upon which there shall have been paid not less than one-half (1/2) the annual premium in cash on the policy applied for, and a surplus of one hundred thousand ($100,000) dollars.

      (4) In lieu of the above requirements of applications for insurance and surplus a mutual company may be organized by providing a surplus equal to the capital and surplus of a stock company.

      Sec. 2.  Section 14 of the above-entitled act, being section 3656.13, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:

      Section 14.  Deposit.  (1) In the case of a stock company a deposit of cash or securities which are authorized investments under section 51, in an amount equal to the minimum capital required by section 13, shall be made and maintained with the commissioner for the protection of all policyholders or policyholders and creditors of the company.

      (2) In the case of a mutual company a deposit of cash or securities which are authorized investments under section 51 shall be made and maintained with the commissioner for the protection of all policyholders or policyholders and creditors of the company equal to fifty (50%) percent of the required original minimum surplus.

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

 

________

 

 

CHAPTER 191, SB 13

Senate Bill No. 13–Senator Lovelock

CHAPTER 191

AN ACT to amend an act entitled “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.

 

[Approved March 23, 1955]

 

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 217, Statutes of Nevada 1949, at page 459, is hereby amended to read as follows:


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

ê1955 Statutes of Nevada, Page 289 (Chapter 191, SB 13)ê

 

      Section 1.  Fraternal Benefit Societies Defined.  Any society, order or supreme lodge, without capital stock, and also any society, incorporated or unincorporated, not 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 act, is hereby declared to be a fraternal benefit society. When used in this act the word “society,” unless otherwise indicated, shall mean “fraternal benefit society.”

      Sec. 2.  Section 41 of the above-entitled act, being chapter 217, Statutes of Nevada 1949, at page 480, is hereby amended to read as follows:

      Section 41.  Sections 122 to 128, inclusive, being article 16 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, and also being sections 3656.122-3656.128, inclusive, 1929 N.C.L. 1941 Supp., are hereby expressly repealed. No implication shall be drawn from such repeal that any of the sections were in force from March 28, 1949, until so repealed.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 290ê

 

CHAPTER 192, SB 15

Senate Bill No. 15–Senator Lovelock

CHAPTER 192

AN ACT to amend the title of and to amend an act entitled “An Act concerning the establishment and operation of endowment care cemeteries, defining the duties of cemetery corporations or associations receiving funds for endowment care of a plot or plots, authorizing the investment of such funds in certain classes of securities, providing penalties for the violation thereof, and repealing all acts and parts of acts in conflict herewith,” approved March 19, 1953.

 

[Approved March 23, 1955]

 

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 138, Statutes of Nevada 1953, at page 154, is hereby amended to read as follows:

      An act concerning the establishment and operation of endowment care cemeteries, defining the duties of cemetery corporations or associations receiving funds for endowment care of a plot or plots, authorizing the investment of such funds in certain classes of securities, providing certain powers of the commissioner of insurance, providing penalties for the violation thereof, repealing all acts and parts of acts in conflict herewith, and other matters properly relating thereto.

      Sec. 2.  Section 14 of the above-entitled act, being chapter 138, Statutes of Nevada 1953, at page 157, is hereby amended to read as follows:

      Section 14.  1.  It shall be unlawful for a cemetery authority, its officers, employees or agents, or a cemetery broker or salesman to represent that an endowment care fund or any other fund set up for maintaining care is perpetual or permanent, or to sell, offer for sale or advertise any plot under representation that the plot is under endowment care, before an endowment care fund has been established for the cemetery in which the plot is situated. Any person violating any of the provisions of this act shall be personally liable for all damages resulting to any person or persons by reason of such violation, and shall also upon conviction thereof be deemed guilty of a misdemeanor punishable by a fine of not less than $100 nor more than $500, or by confinement in the county jail for not less than 10 days nor more than 6 months, or by both such fine and imprisonment.

      2.  The commissioner of insurance, for the purpose of ascertaining the assets, conditions and affairs of any endowment care cemetery, may examine the books, records, documents and assets of any endowment care cemetery operating, or being organized to operate as such, in the State of Nevada and may make whatever other investigations as may be necessary to determine that such cemeteries are complying fully with the provisions of this act.

      3.  If after an examination or investigation, the commissioner the insurance has just cause to believe that a cemetery, certified by the state as an endowment care cemetery, has failed to comply with the provisions and requirements of this act, he may, after due notice and hearing, if he finds the cemetery authority has violated the requirements or regulations contained herein, revoke or refuse to renew the certificate of such cemetery authority and refer the violation to the attorney general to determine if further action should be taken under subsection 1.


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

ê1955 Statutes of Nevada, Page 291 (Chapter 192, SB 15)ê

 

hearing, if he finds the cemetery authority has violated the requirements or regulations contained herein, revoke or refuse to renew the certificate of such cemetery authority and refer the violation to the attorney general to determine if further action should be taken under subsection 1.

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

 

________

 

 

CHAPTER 193, SB 16

Senate Bill No. 16–Senator Lovelock

CHAPTER 193

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 23, 1955]

 

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. 1941 Supp., as last amended by chapter 334, Statutes of Nevada 1953, at page 570, is hereby amended to read as follows:

      Section 149.  Procedure for Issuing Nonresident Broker’s License.  The commissioner may 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. 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 following:

      (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;


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

ê1955 Statutes of Nevada, Page 292 (Chapter 193, SB 16)ê

 

      (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, and shall be deposited in the general fund.

      (5) When the state of domicile of the applicant requires the applicant to post and keep in effect a bond similar to that required of Nevada resident brokers, no additional bond shall be required. When such bond is not required by the applicant’s state of domicile, a bond of the same amount and under the same provisions as that required of Nevada resident brokers shall be required of applicants for nonresident brokers’ licenses.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 293ê

 

CHAPTER 194, SB 17

Senate Bill No. 17–Senator Lovelock

CHAPTER 194

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 23, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 150 of the above-entitled act, being section 3656.150, 1929 N.C.L. 1941 Supp., as last amended by chapter 240, Statutes of Nevada 1949, at page 525, 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 has been a bona fide resident of this state for not less than 3 months immediately prior to the filing of the application, 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, and then only after such applicant shall have successfully passed the written examination on fire and casualty subjects as required by the commissioner.

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

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

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 294ê

 

CHAPTER 195, SB 28

Senate Bill No. 28–Senator Lovelock

CHAPTER 195

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 23, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 143 of the above-entitled act, being section 3656.143, 1929 N.C.L. 1941 Supp., as last amended by chapter 310, Statutes of Nevada 1951, at page 499, 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, nonresident agent, broker, solicitor, or nonresident broker without first procuring a license so to act from the commissioner.

      (2) Every license issued to an agent, nonresident agent, broker, nonresident broker or solicitor shall expire on the first day of May 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 or nonresident agent shall be licensed for each company represented by him.

      Sec. 2.  This act shall become effective July 1, 1955.

 

________

 

 


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

ê1955 Statutes of Nevada, Page 295ê

 

CHAPTER 196, SB 35

Senate Bill No. 35–Senator Lovelock

CHAPTER 196

AN ACT to amend an act entitled “An Act defining public weighmaster and providing for his appointment; prescribing his duties; providing for rules and regulations governing the performance of his duties; prescribing a bond and fixing the amount thereof; providing an appropriation for carrying out the provisions of this act; and other matters relating thereto and connected therewith,” approved March 8, 1923.

 

[Approved March 23, 1955]

 

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 8315, N.C.L. 1929, is hereby amended to read as follows:

      Section 9.  The state sealer of weights and measures shall appoint public weighmasters. Before issuing a certificate of appointment as public weighmaster, the state sealer of weights and measures or his deputy shall test all weighing apparatus to be used, inspect the premises intended for such use and satisfy himself that the applicant is in every way equipped, qualified, competent and of such character that he should be appointed a public weighmaster. The state sealer of weights and measures, if satisfied with the applicant’s qualifications, shall issue a certificate of appointment as public weighmaster, for which he shall charge such fee, not to exceed $25, as may be necessary to defray the costs incurred in connection with such appointment. The state sealer of weights and measures has the right to suspend or revoke the authority or appointment of any public weighmaster at any time for cause or upon complaint filed.

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

 

________

 

 

CHAPTER 197, SB 59

Senate Bill No. 59–Committee on State and County Affairs

CHAPTER 197

AN ACT to amend an act entitled “An Act establishing a system of retirement and of benefits at retirement or death for certain officers and employees of the state and its political subdivisions; creating the public employees’ retirement fund and board, and giving certain powers unto said board; providing and establishing the necessary funds and accounts; providing for the integration of other similar systems within this system; providing for the cost of the system; appropriating money therefor; providing for the superseding and repeal of acts or parts of acts in conflict herewith, and providing a savings clause, and matters properly connected therewith,” approved March 27, 1947.

 

[Approved March 23, 1955]

 

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

do enact as follows:

 

      Section 1.  The above-entitled act, being chapter 181, Statutes of Nevada 1947, at page 623, is hereby amended by adding thereto a new section to be designated as section 8.5, which shall immediately follow section 8 and shall read as follows:

 


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

ê1955 Statutes of Nevada, Page 296 (Chapter 197, SB 59)ê

 

section to be designated as section 8.5, which shall immediately follow section 8 and shall read as follows:

      Section 8.5.  Notwithstanding the provisions of paragraph (4) of section 8, service in the capacity of a member of the state legislature, as a commissioner of a county participating in the public employees’ retirement system, or as a councilman of an incorporated city participating in the public employees’ retirement system, shall be service accreditable toward retirement under the public employees’ retirement act and service credit shall be granted for the entire tenure of office, provided:

      1.  That the average monthly salary of members applying for retirement and including as any part of their total service, service in the foregoing capacities, shall be calculated upon the basis of all sums earned in covered employment throughout the total service of the individual, and the monthly salary of legislators shall be the amount which would have been received had their total legislative salary been paid in equal monthly installments throughout their tenure in office; provided, that when service in any of the foregoing capacities shall be in excess of 5 consecutive years, the salary for the entire service in such capacity shall be deemed to be the average salary received in the highest 5 consecutive years.

      2.  That service in any of the foregoing capacities, prior to July 1, 1955, cannot be accredited toward retirement until the individual member and the employing agency have paid to the public employees’ retirement fund, and the public employees’ retirement administrative fund, such sums as would have been paid by the individual, and the employing agency on behalf of the individual, had membership in the system been granted since July 1, 1948, or such date as the county or incorporated city may have entered the retirement system.

      3.  Current contributions shall be paid from and after July 1, 1955, by persons in the foregoing capacities in a manner to be prescribed by the retirement board. Contributions shall be paid, by participating members of the state legislature, upon the entire sum received as salary for legislative services.

      4.  Members of the public employees’ retirement system who have served in the foregoing capacities prior to July 1, 1955, and who have reached retirement age, may waive service in such capacities, at their election, at the time of retirement and elect to have their allowance computed in the same manner as other members of the system and under the same provisions applicable to other members of the system.

      5.  Provisions of the public employees’ retirement act and rules and regulations of the retirement board, when not contradictory to the provisions of this section, shall apply equally to persons in the foregoing capacities.

      Sec. 2.  This act shall become effective on July 1, 1955.

 

________

 

 


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

ê1955 Statutes of Nevada, Page 297ê

 

CHAPTER 198, SB 123

Senate Bill No. 123–Committee on Federal Affairs

CHAPTER 198

AN ACT assuming civil and criminal jurisdiction over Indians and their lands pursuant to federal law; allowing certain counties to petition the governor to be excluded and excepted, and other matters properly relating thereto.

 

[Approved March 23, 1955]

 

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

do enact as follows:

 

      Section 1.  Pursuant to the provisions of section 7, chapter 505, Public Law 280 of the 83d Congress, approved August 15, 1953, and being 67 Stat. 588, the State of Nevada does hereby assume jurisdiction over public offenses committed by or against Indians in the areas of Indian country in Nevada, as well as jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in the areas of Indian country in Nevada, subject only to the conditions of section 2 of this act.

      Sec. 2.  This act shall become effective 90 days after July 1, 1955, and shall apply to all the counties in this state except that, prior to the effective date, the board of county commissioners of any county may petition the governor to exclude and except the area of Indian country in that county from the operation of this act and the governor, by proclamation issued before the effective date of this act, may exclude and except such Indian country.

      Sec. 3.  In any case where the governor does exclude and except any area of Indian country, as provided in section 2 of this act, he may, by subsequent proclamation at the request of the board of county commissioners of any county which has been excluded and excepted, withdraw and remove the exclusion and exception and thereafter the Indian country in that county shall become subject to the provisions of this act.

 

________

 

 

CHAPTER 199, SB 181

Senate Bill No. 181–Committee on Aviation, Transportation and Highways

CHAPTER 199

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

 

[Approved March 23, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 34 of the above-entitled act, being section 4442.33, 1929 N.C.L. 1941 Supp., as amended by chapter 187, Statutes of Nevada 1943, at page 274, is hereby amended to read as follows:

      Section 34.  (a) The department is hereby authorized to suspend the license of an operator or chauffer without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:

 


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

ê1955 Statutes of Nevada, Page 298 (Chapter 199, SB 181)ê

 

upon a showing by its records or other sufficient evidence that the licensee:

      1.  Has committed an offense for which mandatory revocation of license is required upon conviction;

      2.  Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;

      3.  Is an habitually reckless or negligent driver of a motor vehicle;

      4.  Is an habitual violator of the traffic laws;

      5.  Is physically or mentally incompetent to drive a motor vehicle;

      6.  Has permitted an unlawful or fraudulent use of such license; or

      7.  Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation.

      (b) Upon suspending the license of any person as hereinbefore in this section authorized, the department shall immediately notify the licensee in writing, and upon his request shall afford him an opportunity for a hearing as early as practical within not to exceed 20 days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the administrator, or his duly authorized agent, may administer oaths and may issue subpenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee. Upon such hearing the department shall either rescind its order of suspension or, good cause appearing therefor, may extend the suspension of such license or revoke such license.

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

 

________

 

 

CHAPTER 200, SB 189

Senate Bill No. 189–Committee on Education and State University

CHAPTER 200

AN ACT authorizing and directing the governor to accept for the state any real property and improvements at the Stewart Indian school, in Ormsby County, Nevada, which the Federal Government may wish to give to the State of Nevada, and providing for the temporary custody and maintenance of such property.

 

[Approved March 23, 1955]

 

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

do enact as follows:

 

      Section 1.  The governor is hereby authorized and directed to accept on behalf of the State of Nevada conveyance of any real property and improvements at the Stewart Indian school, in Ormsby County, Nevada, which the Federal Government may wish to give to the State of Nevada.

      Sec. 2.  Upon the acceptance and recording of any conveyance executed by a duly authorized official of the United States of the property referred to in Section 1, such property shall be placed in the custody of the superintendent of the state department of buildings and grounds until the next session of the legislature thereafter;


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

ê1955 Statutes of Nevada, Page 299 (Chapter 200, SB 189)ê

 

and the superintendent of the state department of buildings and grounds is hereby charged with the proper maintenance and administration of such property in the best interests of the people of the State of Nevada.

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

 

________

 

 

CHAPTER 201, SB 207

Senate Bill No. 207–Senator Brown

CHAPTER 201

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.

 

[Approved March 23, 1955]

 

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

do enact as follows:

 

      Section 1.  The above-entitled act, being chapter 64, Statutes of Nevada 1875, at page 122, also designated as sections 3735 to 3753, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 21, which shall immediately follow section 20 and shall read as follows:

      Section 21.  A lienee, upon reasonable notice as the court may direct, may apply to the district court, in the jurisdiction wherein the lien is filed, for an order to discharge the lien wholly, or in part, upon the justification of the sureties of an undertaking required by section 22 of this act. The justification must take place within 5 days after the filing of the undertaking, unless otherwise stipulated, and be agreed to between the lienor and lienee.

      Sec. 2.  The above-entitled act, being chapter 64, Statutes of Nevada 1875, at page 122, also designated as sections 3735 to 3753, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 22 which shall read as follows:

      Section 22.  Before making the order of discharge, the judge of the district court having jurisdiction wherein the lien is filed must require an undertaking on behalf of the lienee by at least two sureties, residents and freeholders or householders, in the county in which the lien is filed, to the effect that in case the lienor recovers judgment against the lienee for the putative debt, by which the lienee or on whose behalf such undertaking shall be given, the lienee will, on demand, render the property upon which the claim of lien has been filed available for the filing of a claim of lien against it for the satisfaction of the lienor’s claim against the lienee and in satisfaction of any judgment which might be recovered by the lienor, or in default thereof, that such lienee and sureties will, on demand, pay to the lienor the full value of the property upon which the lien was discharged, not exceeding the amount of the judgment against the lienee. The judge making the order may fix the sum for which the undertaking must be executed and, if it is necessary to know the value of the property released, he may order that the property be appraised by one or more disinterested persons as he appoints.


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

ê1955 Statutes of Nevada, Page 300 (Chapter 201, SB 207)ê

 

that the property be appraised by one or more disinterested persons as he appoints. The sureties may be required to justify and the lien claim cannot be discharged without their justification if it be required by the lienor.

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

 

________

 

 

CHAPTER 202, AB 13

Assembly Bill No. 13–Mr. Leighton

CHAPTER 202

AN ACT granting the consent of the State of Nevada to the acquisition by the United States of lands required for public purposes, and ceding jurisdiction over such lands heretofore and hereafter acquired, leased or otherwise used by the United States for public purposes; repealing a part of an act in conflict herewith; and other matters properly relating thereto.

 

[Approved March 23, 1955]

 

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

do enact as follows:

 

      Section 1.  State Consent to Federal Acquisition of Land Required by Department of Defense or Atomic Energy Commission.  The consent of the State of Nevada is hereby given in accordance with the 17th Clause, 8th Section of the 1st Article of the Constitution of the United States, to the acquisition by the United States by purchase, condemnation, lease, exchange or otherwise, of any land in this state required by the Department of Defense or the Atomic Energy Commission for the erection of bases, forts, magazines, arsenals, dockyards and other structures needed for defense or Atomic Energy Commission purposes as authorized by act of Congress.

      Sec. 2.  Jurisdiction Ceded to United States; Reservation.

      1.  The State of Nevada, except as hereinafter reserved and provided, hereby cedes jurisdiction to the United States:

      (a) Over any land in this state which has been or may be hereafter so acquired; or

      (b) Over any land in this state which has been or may be hereafter acquired by exchange for any of the purposes stated in section 1; and

      (c) Over any land in this state which is now or may be hereafter held by the United States under lease, easement, license, use permit or otherwise for any of the purposes stated in section 1; and

      (d) Over any land in this state which has been or may be hereafter reserved from the public domain, or other land of the United States for any of the purposes stated in section 1;

but the jurisdiction so ceded shall continue no longer than the United States shall own, hold or reserve such land for any of the purposes stated in section 1.

      2.  The United States shall at the time of the acceptance by the United States of the jurisdiction ceded by this act cause to be recorded a map or drawing of the installation, and a perimeter description thereof in the official records of the county or counties in which the lands comprising the affected installation are situate.


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

ê1955 Statutes of Nevada, Page 301 (Chapter 202, AB 13)ê

 

thereof in the official records of the county or counties in which the lands comprising the affected installation are situate.

      Sec. 3.  Taxation.  It is hereby reserved and provided by the State of Nevada that any private property upon the lands or premises shall be subject to taxation by the state or any legal subdivision thereof having the right to levy and collect such tax, but any property upon or within such premises which belongs to the government of the United States shall be free of taxation by the state and any of its legal subdivisions.

      Sec. 4.  Service of Process.  The State of Nevada reserves the right to serve or cause to be served, by any of its proper officers, any criminal or civil process upon such land or within such premises for any cause there or elsewhere in the state arising, where such cause comes properly under the jurisdiction of the laws of this state or any legal subdivision thereof.

      Sec. 5.  Supplementary Act; Repeal.  This act shall be deemed supplementary to that certain act entitled, “An Act providing a method for the consent of the state to the acquisition by the United States of America of land and water rights; providing for the tax commission to be sole bargaining agency in matters of taxation with the federal government, and matters related thereto,” approved March 27, 1947, and being chapter 108, Statutes of Nevada 1947, at page 405, and, for the specific purposes only set forth in section 1 of this act, shall be deemed a repeal of chapter 108, Statutes of Nevada 1947.

      Sec. 6.  Effective Date.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 203, AB 69

Assembly Bill No. 69–Mr. Byrne

CHAPTER 203

AN ACT providing employed electors of the State of Nevada with the opportunity to vote at elections without penalty or loss of compensation; providing a penalty for the violation thereof; and specifically repealing an act in conflict herewith.

 

[Approved March 23, 1955]

 

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

do enact as follows:

 

      Section 1.  Any person entitled to vote at any election held within this state may, on the day of such election if sufficient time to vote does not exist between the opening of the polls and the normal starting time of such person’s employment or between the normal quitting time of such person’s employment and the closing of the polls, absent himself or herself from the service or employment at which such person is then employed, at a time to be designated by the employer, for a sufficient time to vote. A sufficient time to vote shall be deemed to be as follows: If the distance between the place of such person’s employment and the polling place where such person votes is 2 miles or less, 1 hour; if the distance is more than 2 miles but not more than 10 miles, 2 hours; and if such distance is more than 10 miles, 3 hours.


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

ê1955 Statutes of Nevada, Page 302 (Chapter 203, AB 69)ê

 

10 miles, 2 hours; and if such distance is more than 10 miles, 3 hours. Such voter shall not, because of such absence, be discharged, disciplined, or held to any penalty, nor shall any deduction be made from his or her usual salary or wages by reason of such absence. However, application for such leave of absence shall be made to the employer or person authorized to grant such leave prior to the day of such election.

      Sec. 2.  Any employer or person authorized to grant the leave of absence hereinabove provided, who shall deny any person any right granted under this act, or who shall otherwise violate the provisions of this act, shall be guilty of a misdemeanor.

      Sec. 3.  An act entitled “An Act to provide employed electors opportunities to vote,” approved February 24, 1913, being chapter 15, Statutes of Nevada 1913, at page 14, also designated as sections 2595 to 2597, inclusive, N.C.L. 1929, is hereby repealed.

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

 

________

 

 

CHAPTER 204, AB 409

Assembly Bill No. 409–Committee on Roads and Transportation

CHAPTER 204

AN ACT to amend an act entitled “An Act declaring the purpose and policy of the legislature relative to use of the public highways of the state in the carrying of persons and property thereon in motor vehicles, defining such vehicles and public highways, providing for the licensing and regulating of certain carriers thereon by the public service commission of Nevada, and providing and defining its duties in relation thereto, providing license fees for the operation of motor vehicles in carrier service for hire and other service on the public highways of the state, providing 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,” approved March 23, 1933.

 

[Approved March 23, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 18 of the above-entitled act, being section 4437.17, 1929 N.C.L. 1941 Supp., as last amended by chapter 251, Statutes of Nevada 1953, at page 341, 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;


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

ê1955 Statutes of Nevada, Page 303 (Chapter 204, AB 409)ê

 

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 100 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 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 passenger and light express up to 500 pounds up to and including 5,000 pounds, $1.65 per 100 pounds unladened; 5,001 pounds and not over 10,000 pounds, $1.71 per 100 pounds unladened; 10,001 pounds and not over 11,000 pounds, $1.76 per 100 pounds unladened; 11,001 pounds and not over 12,000 pounds, $1.82 per 100 pounds unladened; 12,001 pounds and not over 13,000 pounds, $1.87 per 100 pounds unladened; 13,001 pounds and not over 14,000 pounds, $1.93 per 100 pounds unladened; 14,001 pounds and not over 15,000 pounds, $1.98 per 100 pounds unladened; 15,001 pounds and not over 16,000 pounds, $2.04 per 100 pounds unladened; 16,001 pounds and not over 17,000 pounds, $2.09 per 100 pounds unladened; 17,001 pounds and not over 18,000 pounds, $2.15 per 100 pounds unladened; 18,001 pounds and not over 19,000 pounds, $2.20 per 100 pounds unladened; 19,001 pounds and over, $2.31 per 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; provided that no combination of vehicles shall pay a total fee in excess of $800; and notwithstanding any other provisions of this act, the number of trailers to be licensed shall be a number equivalent to the number usually towed by the power units licensed; (f) the weight of each motor vehicle upon which an unladened weight license fee is fixed shall be determined by actual weight thereof by the public weighmaster as hereinafter provided; provided, should any motor vehicle within the terms of this act be changed in any respect after the weighing thereof, and which change shall increase the unladened weight thereof, the 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.


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

ê1955 Statutes of Nevada, Page 304 (Chapter 204, AB 409)ê

 

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.

      In lieu of the license fees set forth above, the public service commission may, at its discretion, where it is shown that adequate records are being maintained, permit any person engaged in the operation of a vehicle, combinations of vehicles, or fleets of vehicles or combinations for the carriage of persons or property, who operates in interstate commerce, both within and without the state, to pay a mileage fee upon all power unit mileage traveled within the State of Nevada in the statutory licensing period at the following per mile rates for total miles traveled in that period:

      For the first 75,000 power unit miles of travel, 2.5 cents per mile.

      For the next 175,000 power unit miles of travel, 2.0 cents per mile.

      For the next 750,000 power unit miles of travel, 1.5 cents per mile.

      For the next 1,000,000 power unit miles of travel, 1.25 cents per mile.

      For all power unit miles in excess of 2,000,000, 1.0 cents per mile.

      But in order to qualify under this plan each such person shall annually file a sworn application with the public service commission declaring the total mileage operated by such vehicle or combinations of vehicles or fleets of vehicles or combinations in all states and in this state during the preceding statutory licensing period and describing and identifying each such vehicle or combinations of vehicles to be operated in this state during the ensuing license year, and in addition shall make an advance deposit not less than an amount obtained by applying the proportion of in-state power unit miles to total power unit miles as reported in the statement to the fees which would otherwise be required for licensing all such power units or fleets of power units together with one each of the trailing vehicles ordinarily towed by such power units. This amount shall be entered to the credit of each person so qualifying under this plan and shall be applied against amounts which may become due under the schedule of rates set forth above; provided, however, that the advance deposit shall be considered the minimum amount due under this plan and shall not be subject to refund nor credited to the deposit required for any subsequent license period.

      Mileage proportions for vehicles, combinations of vehicles, or fleets of vehicles or combinations not licensed in this state during the preceding year will be determined by the commission upon the sworn application of the applicant on forms to be supplied which will show the operations of the vehicles or combinations of vehicles during the preceding year in such detail as the commission may require and the estimated operation in all states and in this state in the current year; or if no operations were conducted during the preceding year, a full statement shall be made of the proposed method of operation.

      In addition to the fees per mile set forth above, there shall be assessed an annual fee of $5 for each power unit qualified to operate in Nevada under this plan, for which fee there shall be issued proper vehicle identification and such fee shall be considered as a nonrefundable administrative charge which shall not be credited to the account of the licensee.


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

ê1955 Statutes of Nevada, Page 305 (Chapter 204, AB 409)ê

 

vehicle identification and such fee shall be considered as a nonrefundable administrative charge which shall not be credited to the account of the licensee. Each power unit licensed under this section being operated in a combination with trailing vehicles shall bear a license plate or some other emblem identifying such combination, and when bearing such a plate or emblem such combination shall be deemed to be properly licensed and it shall be unnecessary for any license plate or emblem to be affixed to the trailing vehicle therein.

      The public service commission is authorized to adopt and promulgate such rules and regulations and to take such safeguards to insure payment as in its judgment are necessary to the proper enforcement of the provisions of this section, and in the event of a dispute or controversy over any of the provisions of this section, the commission’s decision with respect thereto shall be final.

      (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 $8.25 shall be paid by the person or persons engaged in such motor convoy carriage, for which fee the public service commission shall issue for each motor vehicle driven, towed, carried or driven singly by such motor convoy carrier, a distinctive certificate to the effect that such motor vehicle may be driven, towed, or carried, as the case may be, over and along the public highways of this state, from the point of entry into the state, or point of origin of such carriage within the state, to the destination within the state, or to the point of departure from the state; provided, no such certificate shall be transferable from the motor vehicle for which issued to any other motor vehicle whatsoever, nor transferable from the motor convoy carrier to whom issued to any other person whatsoever. Such certificate shall be effective for the uses and purposes for which issued until the sale, exchange or delivery of the motor vehicle by the motor convoy carrier to another person; provided, such certificate shall not be effective beyond the current year in which issued. No unladened weight license fee shall be assessed on any motor vehicle driven, towed or carried under the provisions of this section nor shall any license plates be issued for any such motor vehicle by the public service commission or any other state department; provided further, no registration plates, dealers’ plates, or any other license plates whatsoever, or any license or certificate, other than the 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 the 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; provided that the provisions of this section shall not apply to vehicles transported by motor vehicles regularly licensed under the provisions of section 18(1) and 18(2).


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

ê1955 Statutes of Nevada, Page 306 (Chapter 204, AB 409)ê

 

by such manufacturer or dealer under a motor convoy carrier license; provided that the provisions of this section shall not apply to vehicles transported by motor vehicles regularly licensed under the provisions of section 18(1) and 18(2).

      (4) And it is further provided, that all motor vehicle carriers, as hereinbefore defined in this act, except “motor convoy carrier,” commencing operation on and after the first day of July shall be liable for and shall pay only one-half of the license fee provided in this section for each motor vehicle required to be licensed herein, which 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 nor more than $30 per vehicle or combination of vehicles. Trip permits shall authorize operation over the public highways of this state for a period of not more than ninety-six (96) consecutive hours and shall permit one but not more than one round trip into or across the State of Nevada. 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.

      (6) A resident owner or operator dealing in the business of moving houses or parts of houses while in constructed or partially constructed state, shall have the option in lieu of causing such towing house moving vehicles, as he may use in his business of house moving, to be licensed under this act and paying the annual license fees to apply for a trip permit to be issued forthwith upon payment of a fee equal to five percent (5%) of the annual license fee. Trip permits shall authorize operation over the public highways of this state for a period of not more than forty-eight (48) 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 under such rules and regulations as may be promulgated by the commission.

      Sec. 2.  This act shall become effective on July 1, 1955.

 

________

 

 


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

ê1955 Statutes of Nevada, Page 307ê

 

CHAPTER 205, AB 19

Assembly Bill No. 19–Mr. Byrne

CHAPTER 205

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; exempting registered pharmacists from jury duty; providing for a state board of pharmacy, and defining its powers and duties, and fixing penalties for the violation thereof,” approved April 1, 1913.

 

[Approved March 23, 1955]

 

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 5040, N.C.L. 1929, as last amended by chapter 340, Statutes of Nevada 1953, at page 588, is hereby amended to read as follows:

      Section 1.  (a) It is unlawful to manufacture, compound, sell, dispense, or permit to be manufactured, compounded, sold or dispensed, any drug, poison, medicine, or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a medical, dental, chiropody, or veterinarian practitioner, unless such person be a registered pharmacist, but sales representatives of manufacturers or wholesalers selling only in wholesale lots and not to the general public need not be registered pharmacists under the provisions of this chapter. A manufacturer, compounder or seller of medical gases need not be a registered pharmacist under the provisions of this chapter. 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 a medical, dental, chiropody, or veterinarian practitioners, except duly licensed hospitals, shall be, at all times when it is open for business, in charge of a registered pharmacist who shall be physically present therein; provided, however, that this requirement shall not interfere with the registered pharmacist being absent each day for a period of not to exceed two hours, in total, for the purpose of taking meals, but shall be on call during such absence. Every store or shop where drugs, medicines, or chemicals are dispensed or sold at retail, or displayed for the sale at retail, or where prescriptions are compounded, shall be deemed a “pharmacy” within the meaning of this act.

      (b) The term “prescription,” as used in this act, means a written or oral order for a drug, or medicine, or combination or mixture of drugs or medicines, or proprietary preparation, signed or given or authorized by a medical, dental, chiropody, or veterinarian practitioner, and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals.

      (c) The terms “drug” and “medicine,” as used in this act, mean:

      1.  Articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and

      2.  Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and


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

ê1955 Statutes of Nevada, Page 308 (Chapter 205, AB 19)ê

 

      3.  Articles (other than food, aspirin and effervescent saline analgesics) intended to affect the structure or any function of the body of man or other animals; and

      4.  Articles intended for use as a component of any article specified in subparagraphs 1, 2 or 3 of this paragraph (c), but does not include devices or other components, parts or accessories.

      Sec. 2.  Section 8 of the above-entitled act, being section 5047, N.C.L. 1929, as last amended by chapter 340, Statutes of Nevada 1953, at page 589, is hereby amended to read as follows:

      Section 8.  (a) The board shall charge and collect not more than the following fees for the following services:

For examination of applicant for certificate as registered pharmacist               $30.00

For issuance of certificate of registration as registered pharmacist                  10.00

For annual renewal of certificate of registration as registered pharmacist       10.00

For reinstatement of lapsed certificate of registration (in additional to annual renewal fees for period of lapse)......................................    20.00

For issuance of duplicate certificate of registration.........................    10.00

      (b) All fees shall be payable in advance and shall not be refunded.

      (c) An applicant for a certificate as a registered pharmacist who has failed to pass the board’s examination for such certificate shall not be eligible for reexamination within six (6) months from the date of such failed examination.

      (d) No applicant for a certificate as a registered pharmacist shall be entitled to more than three examinations for such certificate.

      (e) No certificate of registration as a registered pharmacist which has lapsed for more than five (5) years shall be reinstated.

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

 

________

 

 

CHAPTER 206, AB 301

Assembly Bill No. 301–Clark County Delegation

CHAPTER 206

AN ACT fixing the salaries and compensation of officers, deputy officers and employees of Clark County, Nevada, and repealing all other acts and parts of acts in conflict therewith.

 

[Approved March 24, 1955]

 

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

do enact as follows:

 

      Section 1.  From and after April 1, 1955, the county officers and deputy county officers and employees of Clark County, Nevada, shall receive the following salaries and compensation for all services rendered:

      1.  The sheriff of Clark County shall receive an annual salary of $10,000, payable in equal monthly installments, which shall be in lieu of all commissions, fees and allowances collected in his capacity as ex officio license collector, and he shall have one undersheriff to be selected by him who shall receive a monthly salary of not less than $400, and such other deputies and clerical help, to be named by him, as the work in his office may justify, subject to the consent of the board of county commissioners, for such compensation as shall be fixed by the board of county commissioners.


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

ê1955 Statutes of Nevada, Page 309 (Chapter 206, AB 301)ê

 

of all commissions, fees and allowances collected in his capacity as ex officio license collector, and he shall have one undersheriff to be selected by him who shall receive a monthly salary of not less than $400, and such other deputies and clerical help, to be named by him, as the work in his office may justify, subject to the consent of the board of county commissioners, for such compensation as shall be fixed by the board of county commissioners. He shall be allowed his actual traveling expenses, or those of his deputy, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.

      2.  The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive an annual salary of $7,500, payable in equal monthly installments, for all services in the office, and may be allowed such deputies and clerical help, to be named by such clerk, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, that the chief deputy county clerk shall receive a monthly salary of not less than $400. The county clerk shall be allowed actual traveling expenses, or those of a deputy, to consist of actual costs of transportation and living expenses while absent from the county seat in the performance of official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.

      3.  The county assessor shall receive an annual salary of $6,900, payable in equal monthly installments, as compensation for all services as such officer. If the city of Las Vegas, at any time, ceases to pay the county assessor for his ex officio duties as city assessor, then the annual salary of the county assessor shall immediately be increased to $7,500. The county assessor may be allowed a chief deputy who shall receive a monthly salary of not less than $400, and other deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners. The county assessor, or his deputy, shall be allowed his actual traveling expenses, or those of his deputy, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.

      4.  The county treasurer and ex officio tax collector shall receive an annual salary of $7,500, payable in equal monthly installments for all his services in the office and may be allowed such deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, the chief deputy county treasurer shall receive a monthly salary of not less than $400. The county treasurer shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties, providing that the expenses shall be first audited and allowed by the board of county commissioners.


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

ê1955 Statutes of Nevada, Page 310 (Chapter 206, AB 301)ê

 

      5.  The county recorder and auditor shall receive an annual salary of $7,500, payable in equal monthly installments as compensation for all his services as such officer. The county recorder and auditor may be allowed such deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, the chief deputy in the office shall receive a monthly salary of not less than $400. The county recorder and auditor shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual cost of transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.

      6.  The district attorney shall receive an annual salary of $7,500, payable in equal monthly installments for all of his services as such officer. He may have such deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, and at salaries to be fixed by the board of county commissioners; provided, however, the chief deputy district attorney shall receive a monthly salary of not less than $400. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.

      7.  The county commissioners shall each receive an annual salary of $3,150, payable in equal monthly installments, which shall be in full compensation for all services whatsoever required of such commissioners. They shall be allowed all their actual traveling expenses, to consist of actual costs of their transportation and living expenses while absent from the county seat in the performance of their official duties, provided the expenses shall be first audited and allowed by a majority of the board of county commissioners. Each commissioner shall be entitled to traveling expenses in the sum of 10 cents per mile in traveling to and from the meetings of the commissioners. The chairman of the board of county commissioners, without additional compensation, shall be ex officio purchasing agent of the country with such powers and duties as may be prescribed by the board of county commissioners.

      Sec. 2.  The rate per mile traveled for any and all of the county officers named in section 1 to be allowed as expenses for travel by the officers and their deputies shall not exceed 10 cents per mile traveled, nor be in excess of any amount allowed specifically by any act pertaining to any specific duty of such officer.

      Sec. 3.  Chapter 29, Statutes of Nevada 1947, at page 34, entitled “An Act fixing the salaries and compensation of the officers and deputy officers of Clark County, and repealing all other acts and parts of acts in conflict therewith,” approved March 5, 1947, together with all acts amendatory thereof and supplementary thereto, are hereby expressly repealed.

      Sec. 4.  This act shall become effective April 1, 1955.

 

________

 

 


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

ê1955 Statutes of Nevada, Page 311ê

 

CHAPTER 207, AB 166

Assembly Bill No. 166–Committee on Fish and Game

CHAPTER 207

AN ACT authorizing the state board of fish and game commissioners to grant resident hunting privileges to members of the Armed Forces of the United States who are assigned to permanent duty in this state; requiring formal application and proof to be submitted to the state board of fish and game commissioners concerning permanent assignment in this state; and providing penalties for the violation thereof.

 

[Approved March 24, 1955]

 

      Whereas, There are a large number of members of the Armed Forces of the United States assigned to permanent duty within the State of Nevada; and

      Whereas, These members of the Armed Forces have great difficulty in qualifying for resident hunting privileges in this state; and

      Whereas, The Nevada Federated Sportsmen, Inc., approves the principle of permitting service personnel assigned to permanent duty in this state to receive resident hunting privileges; now, therefore,

 

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 are hereby authorized and directed to issue to any member of the Armed Forces of the United States who has been assigned to permanent duty, as opposed to temporary or casual duty, within the State of Nevada all necessary hunting licenses, tags or permits for the hunting of wild game in the State of Nevada. All such licenses, tags or permits shall be issued on the same terms and conditions and at the same costs as licenses, tags or permits are issued to Nevada residents.

      Sec. 2.  The issuance of all such licenses, tags and permits shall be made by application upon a form provided for that purpose by the state board of fish and game commissioners. The application shall include such proof of assignment to permanent duty within the State of Nevada as may be deemed necessary by the board of fish and game commissioners to determine whether or not an applicant is actually so assigned.

      Sec. 3.  Any person who gives false information for the purpose of obtaining a license, tag or permit as herein provided shall be guilty of a misdemeanor.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 312ê

 

CHAPTER 208, AB 37

Assembly Bill No. 37–Messrs. Irwin, Christensen (Washoe), Ruedy and Byrne

CHAPTER 208

AN ACT protecting and regulating the practice of optometry in the State of Nevada; defining certain words and terms; creating the Nevada state board of optometry and defining the board’s duties and powers; regulating admission to practice optometry, the licensing of applicants and the recordation, revocation and suspension of licenses; designating the rights and duties of licensees and affording certain protections to licensees; providing for fees; providing penalties for violations thereof; repealing certain acts and parts of acts in conflict therewith; and other matters properly relating thereto.

 

[Approved March 24, 1955]

 

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

do enact as follows:

 

      Section 1.  Legislative Declaration.  The practice of optometry is hereby declared to be a learned profession, affecting public safety and welfare and charged with the public interest, and therefore subject to protection and regulation by the state.

      Sec. 2.  Acts Constituting Optometry Practice.  The acts hereinafter enumerated in this section, or any of them, whether done severally, collectively or in combination with other acts not hereinafter enumerated, shall be deemed to constitute practice on optometry within the purview of this act.

      1.  Advertisement or representation as an optometrist.

      2.  Adapting, or prescribing or dispensing, without prescription by or written authority from a licensed Nevada practitioner of optometry or medicine, any ophthalmic lens, frame or mounting, or any part thereof, for correction, relief or remedy of any abnormal condition or insufficiency of the eye or any appendage or visual precess thereof. The provisions of this subsection shall not be construed to prevent an optical mechanic from doing the mere mechanical work of replacement or duplication of such ophthalmic lens, nor shall the provisions hereof prevent a licensed dispensing optician from engaging in the practice of ophthalmic dispensing.

      3.  Examination of the human eyes and appendages thereof; measurement of the powers or range of human vision; determination of the accommodative and refractive states of the eye or the scope of its function in general; or diagnosis of determination of any visual, muscular, neurological, interpretive or anatomic anomalies or deficiencies of eyes, or appendages or visual processes thereof.

      4.  Prescribing or directing the use of, or using any optical device in connection with ocular exercises, orthoptics or visual training.

      5.  The prescribing of contact lenses.

      6.  The fitting or adaptation of contact lenses to the human eye except under the direct personal supervision of a physician, surgeon or optometrist licensed in the State of Nevada.

      Sec. 3.  Effect of Partial Constitutionality.  Any declaration or determination hereafter made by any court of competent jurisdiction that any part or provision of this act is unconstitutional shall not affect or impair the operation or validity of any other parts or provisions hereof.


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

ê1955 Statutes of Nevada, Page 313 (Chapter 208, AB 37)ê

 

that any part or provision of this act is unconstitutional shall not affect or impair the operation or validity of any other parts or provisions hereof.

      Sec. 4.  Judicial Review of Board Action.  Any action, determination, regulation or rule, taken, made or adopted by the board, adversely affecting any applicant, examinee or licensee hereunder will not affect the right to judicial review.

      Sec. 5.  Tenses, Gender and Number.  As used in this act, unless the context otherwise indicates, the present tense includes the past and future tenses, and the future, the present; the masculine gender includes the feminine, and the feminine, the masculine; and the singular includes the plural, and the plural, the singular.

      Sec. 6.  Use of and Payment for Optometric Services by Administrative Agencies.  No state, county or municipal agency, board, commission or institution including public schools, in the performance of their duties, shall in any way show any discrimination between ocular practitioners; and all such agencies, boards, commissions and institutions including public schools shall honor ocular reports or other professional services and pay for such services by legally qualified and licensed optometrists in the same manner as honored and paid for in other professions in the State of Nevada.

 

DEFINITIONS

      Sec. 7.  Meaning of Defined Words and Phrases.  Unless otherwise indicated by the context, words and phrases, or variants thereof, employed in this act shall be construed and given meanings, for the purpose of this act, in accordance with the following definitions:

      1.  “Advertise” means the use of a newspaper, magazine or other publication, book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, tag, label, window display, store sign, radio announcement, or any other means or method now or hereinafter employed to bring to attention of the public the practice of optometry or the prescribing, fitting or dispensing, in connection therewith, of lenses, frames, eyeglasses or other accessories or appurtenances.

      2.  “Applicant” means a person who has applied for examination or for a license by reciprocity.

      3.  “Association” means the Nevada State Optometric Association.

      4.  “Board” means the Nevada state board of optometry.

      5.  “Complaint” means a complaint against a licensee for the revocation or suspension of his license.

      6.  “Examination” means examination of an applicant or applicants for a license.

      7.  “Examinee” means a person being or who has been examined by the board.

      8.  “Eye” means the human eye.

      9.  “Fee” means a fee payable by an applicant or licensee to the secretary.

      10.  “Governor” means the governor of the State of Nevada.

      11.  “License” means a license to practice optometry in the State of Nevada.


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

ê1955 Statutes of Nevada, Page 314 (Chapter 208, AB 37)ê

 

      12.  “Licensee” means a person licensed to practice optometry in the State of Nevada.

      13.  “Meeting” means a meeting of the board.

      14.  “Member” means a member of the board.

      15.  “Membership” means membership in the board.

      16.  “Ophthalmic lens” means a lens which has cylindrical, prismatic or spherical power or value.

      17.  “Practice of optometry” means the doing of any or all of the things mentioned in section 2 of this act.

      18.  “President” means the president of the board.

      19.  “Register” means the register of the licensees.

      20.  “Registration” means registration as a licensee.

      21.  “Secretary” means the secretary of the board.

      22.  “State” means the State of Nevada.

      23.  “Trial frame” or “test lens” means a frame or lens used in testing the eye, which is not sold and not for sale to patients.

      24.  “Unethical or unprofessional conduct” means the doing of any or all of the things mentioned in section 68 of this act.

 

NEVADA STATE BOARD OF OPTOMETRY

      Sec. 8.  New Board Established; Designation and Number of Members.  There is hereby established a state administrative agency which shall be known as the Nevada state board of optometry, and shall consist of three members, for the purpose of administering and enforcing this act.

      Sec. 9.  Existing Board Abolished and Books Transferred.  The existing Nevada state board of examiners in optometry, created by an act entitled “An Act defining and regulating the practice of optometry in the State of Nevada; providing for the appointment of a state board of optometry and fixing their duties; providing for the issuance and revocation of licenses to practice optometry; defining unprofessional conduct, and fixing penalties therefor; defining certain misdemeanors and providing penalties therefor; repealing all other acts or parts of acts in conflict therewith, and other matters properly relating thereto,” approved March 17, 1913, and being sections 4965 to 4981, inclusive, N.C.L. 1929, shall be abolished and cease to exist, and all books, papers, records, moneys and other property thereof shall be delivered and transferred to, and shall become the property of, the board hereby established, upon the appointment and organization thereof.

      Sec. 10.  Appointment and Terms of First Members.  As soon as practicable after the approval of this act, the governor shall appoint the first members, one for a term of 1 year, one for a term of 2 years, and one for a term of 3 years, from and after the day of such appointment.

      Sec. 11.  Appointment and Terms of Subsequent Members.  The governor shall appoint one member in the year 1956 and in each year thereafter, for a term of 3 years, in lieu of the member whose term shall expire in such year.

      Sec. 12.  Vacancy in Membership.  A membership shall become vacant in the event of the member’s conviction of felony or a gross misdemeanor involving moral turpitude, death, ineligibility to hold office, mental or physical incompetency, removal from the state, or resignation, prior to the expiration of his term.


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

ê1955 Statutes of Nevada, Page 315 (Chapter 208, AB 37)ê

 

vacant in the event of the member’s conviction of felony or a gross misdemeanor involving moral turpitude, death, ineligibility to hold office, mental or physical incompetency, removal from the state, or resignation, prior to the expiration of his term.

      Sec. 13.  Certification of Event Creating an Existence of Vacancy.  Promptly after the happening of an event creating a vacancy in a membership, the president and secretary, or one of them, shall certify to the governor that such an event has occurred and that a vacancy exists.

      Sec. 14.  Appointment to Fill Vacancy.  Promptly after certification to, and finding by, the governor that an event has happened creating a vacancy in a membership and that such a vacancy exists, the governor shall appoint another member to fill such vacancy for the unexpired remainder of the former member’s term.

      Sec. 15.  Persons Eligible to Appointment or Membership.  No person shall be eligible to be appointed, or to hold office, as a member who is not licensed to, and actually engaged in, practice of optometry in the state; or who is owner or coowner of, a stockholder in, or a member of the faculty or board of directors or trustees of, any school of optometry; or who is financially interested, directly or indirectly, in the manufacture or wholesaling of optical supplies, or who has been convicted of a felony or a gross misdemeanor involving moral turpitude.

      Sec. 16.  Recommendations by Association.

      1.  Within 10 days after the approval of this act, the association may recommend 6 eligible persons for appointment as first members, specifying therein the term for which each of the persons is recommended, and the governor may thereupon appoint 3 of the persons as members for the recommended terms.

      2.  Within 30 days prior to the expiration of the term of a member, or within a like period after the occurrence of a vacancy in a board, the association may recommend 2 eligible persons for appointment as a member, and the governor may thereupon appoint 1 of the persons as a member for a term of 3 years or for the unexpired portion of the term of a vacating member, as the case may be.

      3.  If the association fails to recommend persons or a person for appointment as members or a member, within the times prescribed herein, the governor shall select and appoint eligible persons, or an eligible person, without such recommendation.

      Sec. 17.  Incumbency of Board Member.  Unless his membership has become vacant prior to the expiration of his term, a member shall hold office for the term of his appointment and until his successor is appointed and qualified.

      Sec. 18.  Compensation and Expenses of Members.

      1.  A member shall be entitled to receive as compensation the sum of $15 for each day actually spent in the performance of his duties as such, but not exceeding one per diem for the calendar day, and shall also be entitled to receive his necessary actual expenses in going to, attending and returning from meetings.

      2.  Compensation and expenses of members shall be payable out of the funds derived from fees, fines and penalties paid or transmitted to the board under provisions of this act, and no part thereof shall ever be paid out of the state treasury.


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

ê1955 Statutes of Nevada, Page 316 (Chapter 208, AB 37)ê

 

the funds derived from fees, fines and penalties paid or transmitted to the board under provisions of this act, and no part thereof shall ever be paid out of the state treasury.

      Sec. 19.  Organization and Election of Officers.  Promptly after appointment of the first members, and the year 1956 and each succeeding year, promptly after the appointment of a new member, the board shall meet and organize itself by electing from its membership a president and a secretary who shall hold office for 1 year and until the election and qualification of their successors.

      Sec. 20.  Bond of Secretary. Prior to entrance to duties of his office, the secretary shall make and deliver to the governor a good and sufficient bond payable to the State of Nevada for the benefit of the board, in the penal sum of $1,000 conditioned upon the faithful performance of his duties as secretary.

      Sec. 21.  Duties of Secretary.  The secretary shall perform all duties imposed upon him by this act and such other duties as the board may from time to time prescribe.

      Sec. 22.  Accrediting Schools.  The board shall accredit schools in and out of this state teaching the science and art of optometry which it finds giving a course of study sufficiently and thoroughly for the preparation of optometrists.

      Sec. 23.  Counsel for the Board.  The attorney general may act as counsel for the board.

      Sec. 24.  Employment of Assistants.  The board may employ agents and inspectors to secure evidence of, and report on, violations of this act, and may employ other necessary assistants in administering this act.

      Sec. 25.  Funds of Board.  All moneys coming into possession of the board shall be kept or deposited by the secretary as a special fund to be expended for payment of compensation and expenses of board members and for other necessary or proper purposes in the administration of this act.

      Sec. 26.  Issuance of Duplicate License and Renewal Card.  The board or secretary may issue a duplicate license and renewal card in case a licensee maintains more than one place of practice.

      Sec. 27.  Licensing Optometrists.  The board shall have the power to grant or refuse license after examination or by reciprocity, and to revoke or suspend the same for any of the causes specified in this act.

      Sec. 28.  Meetings of the Board; Quorum.

      1.  The board shall hold a regular meeting at least once a year.

      2.  The board shall hold a special meeting upon a call of the president or upon a request by a majority of the members.

      3.  Two members of the board shall constitute a quorum.

      Sec. 29.  Notice by the Board or the Secretary to Licensee.  Any notice required to be given by the board or the secretary to a licensee may be transmitted by ordinary first-class mail or registered mail, postage prepaid, addressed to such licensee at the place or one of the places mentioned in his last previous notice to the board.


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

ê1955 Statutes of Nevada, Page 317 (Chapter 208, AB 37)ê

 

      Sec. 30.  Oaths and Taking Testimony.  The board shall have power to administer oaths and to take testimony in connection with the exercise of other powers herein conferred upon it.

      Sec. 31.  Office.  The board shall establish and maintain a permanent office in Reno, Nevada.

      Sec. 32.  Records and Inventory.

      1.  The secretary shall accurately make and accurately keep, in behalf of the board, the following records:

      (a) A record of all meetings and proceedings.

      (b) A record of all prosecutions and violations of this act.

      (c) A record of all examinations of applicants.

      (d) A register of all licensees.

      2.  The secretary shall accurately make and safely keep, in behalf of the board, an inventory of all property of the board and of the state in its possession.

      3.  All records of the board shall be subject to public inspection.

      4.  All records of the board shall be kept in the office of the board.

      Sec. 33.  Report to Governor.  The board shall report to the governor annually on the 1st Monday in June giving an accurate account of its work during the preceding year.

      Sec. 34.  Rules and Regulations.  The board shall have the power to make and promulgate rules and regulations, not inconsistent with the provisions of this act, governing its procedure, the examination and admission of applicants, the granting, refusal, revocation and suspension of licensees, and the practice of optometry.

      Sec. 35.  Seal.  The board shall adopt and use an official seal.

      Sec. 36.  Yearbook.  Once a year, the board shall prepare and distribute to all licensees a yearbook containing their names and addresses.

 

ADMISSION TO PRACTICE

      Sec. 37.  Practice Without License and Renewal Certificate Unlawful.  No person shall engage in the practice of optometry in this state unless he has theretofore obtained a license therefor, which is then valid, subsisting, unrevoked and unsuspended, and, except for the year in which such license was issued, holds a current renewal certificate, as hereinafter required.

      Sec. 38.  Steps Necessary to Obtain License Upon Examination.  Any person, not heretofore licensed to practice optometry in this state, who desires and intends to commence such practice must comply with the following requirements:

      1.  File proof of his qualifications.

      2.  Make application for examination.

      3.  Take and pass such examination.

      4.  Pay the prescribed fees.

      Sec. 39.  Proof of Qualifications.  Satisfactory evidence must be filed with the secretary showing the following qualifications:

      1.  Age not less than 21 years.

      2.  Citizenship of the United States.


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

ê1955 Statutes of Nevada, Page 318 (Chapter 208, AB 37)ê

 

      3.  Good moral character.

      4.  Preliminary education equivalent to 4 years in a registered high school.

      5.  Graduation from a school of optometry accredited by the established professional agency and the board, maintaining a standard of 5 college years, and including, as a prerequisite to admission to the courses in optometry, at least 2 academic years of study in a college of arts and sciences accredited by the Association of American Universities or a similar regional accrediting agency.

      Sec. 40.  Application for Examination.  Written application for examination, made on a form furnished by the board and verified by oath of the applicant, must be filed with the secretary at least 2 weeks prior to examination of the applicant.

      Sec. 41.  Payment of Examination Fee.  On making application for examination, an applicant shall pay an examination fee to the secretary in the amount hereinafter specified.

      Sec. 42.  Annual and Special Examinations.  The board shall conduct a regular annual examination, and may conduct a special examination when it deems that circumstances warrant such examination, at such time and place as it shall fix and announce.

      Sec. 43.  Fixing and Announcing Examination.  The board shall fix and announce the time and place of any examination at least 30 days prior to the day when it is to be commenced.

      Sec. 44.  Equipment To Be Taken to the Examination Room.  An applicant for examination shall take to the room in which he is to be examined an ophthalmoscope and retinoscope.

      Sec. 45.  Character of Examination.  An examination shall be practical in character and designed to test the applicant’s fitness to practice optometry and shall be conducted in the English language.

      Sec. 46.  Scope of Examination.  An examination, other than one conducted solely for reexamination of an examinee who has failed in a previous examination, shall consist of tests in the following subjects:

      1.  General anatomy.

      2.  General physiology.

      3.  Ocular anatomy.

      4.  Ocular physiology.

      5.  Ocular pathology.

      6.  Geometric optics.

      7.  Physiologic optics.

      8.  Theoretic optometry.

      9.  Practical optometry.

      10.  Retinoscopy.

      11.  Ophthalmoscopy.

      12.  Perimetry.

      13.  Subjective and objective refraction.

      14.  Such other and further subjects as the board may hereinafter prescribe.

      Sec. 47.  Passing Grade.  A grade of 75 in all included subjects shall be necessary to pass an examination.


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

ê1955 Statutes of Nevada, Page 319 (Chapter 208, AB 37)ê

 

      Sec. 48.  Request and Fee for Reexamination.  An examinee who shall fail to attain a passing grade may make a written request to the board for reexamination, which request must be filed with the secretary at least 2 weeks prior to the next ensuing examination and must be accompanied by the prescribed reexamination fee.

      Sec. 49.  Reexamination in Failed Subjects.  An examinee shall be reexamined only in the subject or subjects in which he has failed.

      Sec. 50.  Admission of Sister-State Licensees Without Examination.

      1.  A holder of a valid and subsisting optometry license issued by the licensing authority of a sister state upon successful passage of an examination therein, may, by unanimous consent of the board, obtain a license in this state without examination herein, where it appears that the standard requirements of such out-of-state examinations were at least equivalent to those of the examination prescribed by this act, and that the licensing authority of such sister state issues, or would issue, licenses to holders of licenses of this state, under the same or equivalent conditions.

      2.  A person seeking a license of this state by reciprocity must comply with the following requirements:

      (a) File with the secretary a certified copy of his sister-state license together with satisfactory evidence that he is not less than 21 years of age, a citizen of the United States, and of good moral character, and that his sister-state license is valid and subsisting and has not been revoked or suspended.

      (b) Make and file with the secretary a written application in the form prescribed by the board.

      (c) Present his sister-state license to the board for inspection.

      (d) Pay to the secretary the fee hereinafter prescribed by licensing by reciprocity.

      Sec. 51.  Registration of Licensees.  All persons, without discrimination, who shall have successfully passed an examination or reexamination, or who shall have been granted a license by reciprocity, shall be registered in the register of optometrists.

      Sec. 52.  Execution of License.  The board shall execute a license for each successful examinee or person granted a license by reciprocity, which license shall certify that the licensee therein named has been duly examined and found qualified to practice optometry in this state, or has been granted such license by reciprocity within a certain other state, as the case may be, and has been duly registered as a licensed optometrist in this state, and shall be signed by the president and secretary.

      Sec. 53.  Issuance of License Upon Payment of Additional Fee.  Such license shall be issued and delivered by the secretary to the licensee therein named upon payment to the secretary of the prescribed license-issuance fee.

      Sec. 54.  Effective Duration of License.  Unless revoked or suspended in the meantime, such license shall continue in force until the time when the annual renewal fee becomes delinquent in the year next succeeding.


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

ê1955 Statutes of Nevada, Page 320 (Chapter 208, AB 37)ê

 

ANNUAL RENEWAL OF LICENSE

      Sec. 55.  Annual Renewal Required.  Licenses issued under this or any former act must be renewed, in the manner hereinafter prescribed, on or before the 1st day of March of each calendar year after their issuance.

      Sec. 56.  Notice to Renew.  Not less than 30 days prior to the day of renewal, the secretary shall notify each licensee that his license must be renewed on or before the final day by payment of the prescribed renewal fee.

      Sec. 57.  Payment of Renewal Fee.  On or before the final day for the renewal, each licensee shall pay a renewal fee to the secretary in the amount hereinafter specified.

      Sec. 58.  Issuance and Form of Renewal Card.  Upon payment of the renewal fee, the secretary shall execute and issue a license renewal card to such licensee, certifying that his license has been and is renewed for the calendar year, and indicating the address of the place or places of licensee’s practice, which card shall be signed by the secretary and sealed with the seal of the board.

      Sec. 59.  Suspension of License on Failure to Renew.  If a licensee fails to pay the annual renewal fee to the secretary on or before the prescribed date, his license shall be suspended automatically for the remainder of the calendar year or until restoration thereof in the manner hereinafter specified.

      Sec. 60.  Restoration of Suspended License.  A license which has been automatically suspended for failure of the licensee to pay the annual renewal fee may be restored at any time during the calendar year by paying such annual fee and paying the secretary a nonrenewal penalty in the amount hereinafter prescribed.

 

RECORDATION OF LICENSE IN COUNTY

      Sec. 61.  Presentation of License and Payment of Fee for Recordation.  All licensees shall present their licenses to the county clerk of the county in which they reside for recordation by the clerk in a book provided by him for that purpose, and shall pay the clerk $1 for recordation.

      Sec. 62.  Recordation of Traveling Optometrist’s License.  Any licensee who travels from one county to another in this state, before engaging in the practice of optometry in a county other than the county of his residence, shall present his license to the county clerk of such other county for recordation by the clerk in a book to be provided by him for that purpose, and shall pay the clerk a fee of $1 for such recordation.

      Sec. 63.  Suspension for Failure to Have License Recorded in County of Residence.  In the event of failure of a licensee to have his license recorded in the county of his residence, such a license shall be suspended automatically until restoration thereof in the manner hereinafter specified.

      Sec. 64.  Suspension for Failure to Have License Recorded in Other County.  


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

ê1955 Statutes of Nevada, Page 321 (Chapter 208, AB 37)ê

 

County.  In the event of failure of licensee to have his license recorded in the county other than the county of his residence before engaging in the practice of optometry therein, such license shall be suspended automatically as to such county until restoration thereof in the manner hereinafter specified.

      Sec. 65.  Restoration of Suspended License.  A license which has been automatically suspended for failure of licensee to have it recorded in the county of his residence, or for the failure of the licensee to have it recorded in the county other than the county of his residence before engaging in the practice of optometry therein, may be restored by presentation of such license to the county clerk of the proper county, payment of the fee for such recordation, and payment of a penalty to the secretary in the amount hereinafter prescribed.

 

REVOCATION OR SUSPENSION OF LICENSE

      Sec. 66.  Revocation or Suspension of License Authorized.  Any license issued under this act, or any former act relating to the practice of optometry, may be revoked or suspended for a fixed period by the board for a cause or causes in a manner hereinafter specified.

      Sec. 67.  Causes for Revocation or Suspension of License.  The following acts, conduct, omissions or mental or physical conditions, or any of them, committed, engaged in, omitted or being suffered by a licensee, shall constitute sufficient cause for revoking or suspending his license:

      1.  Affliction of the licensee with any communicable disease likely to be communicated to other persons.

      2.  Commission by the licensee of a felony or a gross misdemeanor involving moral turpitude of which he has been convicted and from which he has been sentenced by a final judgment of a federal or state court in this or any other state; such judgment not having been reversed or vacated by a competent appellate court and such offense not having been pardoned by executive authority.

      3.  Commission of fraud by or on behalf of the licensee in obtaining his license or a renewal thereof, or in practicing optometry thereunder.

      4.  Habitual drunkeness or drug addiction on the part of the licensee.

      5.  Gross incompetency on the part of the licensee.

      6.  Affliction of the licensee with any mental or physical disorder or disturbance seriously impairing his competency as an optometrist.

      7.  Making false or misleading representations, by or on behalf of the licensee, with respect to optometric materials or services.

      8.  Practice by the licensee, or attempting or offering so to do, while he is in an intoxicated condition.

      9.  Perpetration by the licensee of unethical or unprofessional conduct in the practice of optometry, within the provisions of section 70 hereof.

      10.  Willfully and repeatedly violating provisions of this act or rules or regulations adopted and promulgated by the board thereunder.


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

ê1955 Statutes of Nevada, Page 322 (Chapter 208, AB 37)ê

 

      Sec. 68.  Unethical or Unprofessional Conduct.  The following acts, or any of them, on the part of the licensee, shall constitute unethical or unprofessional conduct:

      1.  Association as an optometrist with any person, firm or corporation violating this act.

      2.  Accepting employment, directly or indirectly, from a person or persons not licensed to practice optometry in this state for the purpose of assisting him or them in such practice or enabling him or them to engage therein.

      3.  Making a house-to-house canvass, either in person or by another or other persons, for the purpose of advertising, selling or soliciting the sale of eyeglasses, frames, lenses, mountings or optometric examinations or services.

      4.  Division of fees with another optometrist except for services based on division of service or responsibility.

      5.  Division of fees or any understanding or arrangement with any person not an optometrist.

      6.  Employing any person to solicit house-to-house for the sale of eyeglasses, frames, lenses, mountings or optometric examinations or services.

      7.  Circulating or publishing, directly or indirectly, any false, fraudulent or misleading statement as to his method of practice or skill, or the method of practice or skill of any other licensee.

      8.  Advertising in any manner that will tend to deceive, defraud or mislead the public.

      9.  Fraudulently advertising, directly or indirectly, free optometric examinations or services.

      10.  Fraudulently advertising, directly or indirectly, any definite amount or terms for optometric materials or services.

      Sec. 69.  Complaint Against Licensee.  Complaint may be made against a licensee by an agent or inspector employed by the board, any other licensee or any aggrieved person, charging one or more of the causes for which such license may be revoked or suspended with such particularity as to enable the defendant licensee to prepare a defense thereto.

      Sec. 70.  Form, Signing, Verification and Filing of Complaint.  Such complaint shall be made in writing, shall be signed and verified by the person making it, and the original and two copies shall be filed with the secretary.

      Sec. 71.  Fixing Hearing Date and Place of Giving Notice.  As soon as practicable after the filing of such complaint, the board shall fix a date for the hearing thereof, which date shall be not less than 30 days thereafter, and the secretary shall immediately notify the defendant licensee of such complaint and the date and the place fixed for the hearing thereof, to which notice a copy of the complaint shall be attached.

      Sec. 72.  Hearing of Complaint.  Hearing of a complaint shall be conducted publicly by the board, and the defendant licensee shall be accorded the right to appear in person and by legal counsel, and shall be given adequate opportunity to confront the witness against him, to testify and introduce the testimony of witnesses in his behalf, and submit argument and brief in person or by his counsel.


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

ê1955 Statutes of Nevada, Page 323 (Chapter 208, AB 37)ê

 

shall be given adequate opportunity to confront the witness against him, to testify and introduce the testimony of witnesses in his behalf, and submit argument and brief in person or by his counsel.

      Sec. 73.  Determination by Board.  Upon conclusion of such hearing or as soon as practicable thereafter, the board shall make and announce its decision by which it may, in the exercise of reasonable discretion, revoke the license, suspend the license for a fixed time, or dismiss the complaint.

      Sec. 74.  Application for and Granting Rehearing.  If the board revokes a license, or suspends it for a fixed time, the licensee may apply for a rehearing within 10 days and the board may grant such application within 30 days thereafter.

      Sec. 75.  Notice and Conduct of Redetermination on Rehearing.  If the board grants a rehearing, the secretary shall immediately notify the licensee of the date and place which the board shall have fixed for such rehearing, which date shall not be less than 10 days thereafter. The hearing shall be conducted in the same manner as the former hearing; and upon conclusion thereof, or as soon as practicable thereafter, the board shall make and announce its decision thereon.

      Sec. 76.  Restoration of Revoked or Suspended License.  On or after the expiration of 6 months following the revocation or suspension of a license, an application may be made for the restoration of such license and the board may, in the exercise of reasonable discretion, restore the license absolutely or upon specified conditions.

 

RIGHTS, DUTIES AND PROTECTION OF LICENSEES

      Sec. 77.  Authority to Practice.  A licensee shall be authorized and entitled to practice optometry in this state subject to the provisions of this act.

      Sec. 78.  Disposal of License or Renewal Card.  A licensee shall not be entitled to lend, sell, or otherwise dispose or permit the unauthorized use of, his license or current renewal card.

      Sec. 79.  Notice of Place of Practice or Change Thereof.  Each licensee shall notify the board of the place or places where he intends to engage in practice, or where he is practicing, and of any change in his place or places of practice.

      Sec. 80.  Posting License and Renewal Card.  Each holder of an optometry license, or an optometry license and renewal card, shall keep the same posted conspicuously in his office or place of practice at all times.

      Sec. 81.  Right to Advertise.  A licensee shall be entitled fairly, ethically and truthfully to advertise the practice of optometry.

      Sec. 82.  Use of Assumed Name.  A licensee shall not be entitled to practice under an assumed name.

 

CONSTRUCTION OF THIS ACT

      Sec. 83.  Inapplicability of Act.  This act shall not be construed to apply to physicians and surgeons duly licensed to practice in this state.


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

ê1955 Statutes of Nevada, Page 324 (Chapter 208, AB 37)ê

 

      The provisions of this act shall not prohibit:

      1.  The sale of goggles, sun glasses, colored glasses or occupational eye-protective devices if they do not have refractive values; or

      2.  The sale of complete ready-to-wear eyeglasses as merchandise by any person not holding himself out as competent to examine, test or prescribe for the human eye or its refractive errors.

 

ENFORCEMENT OF THIS ACT

      Sec. 84.  Duties of Peace Officers.  Constables, police officers and sheriffs shall report violations of this act to the secretary, and render assistance to the board, or any officer thereof, as and when called upon so to do.

      Sec. 85.  Duty of District Attorney.  The respective district attorneys shall prosecute violations of this act.

      Sec. 86.  Punishment for Violation of Act.  Violation of this act shall constitute a gross misdemeanor and shall be punishable as such.

 

SCHEDULE OF FEES AND PENALTIES

      Sec. 87.  Fees.  The amount of fees under this act shall be:

Examination fee...............................................................................................    $35

Reexamination fee.......................................................................................... 15

Reciprocity application fee........................................................................... 50

License issuance fee...................................................................................... 10

Annual license renewal fee: Not less than $5, and not more than $10, as the board shall annually determine.

Duplicate license fee......................................................................................   5

Duplicate renewal card issuance fee...........................................................   1

      Sec. 88.  Penalties.  The amount of penalties under this act shall be as follows:

Failure to obtain renewal license.................................................................    $25

Failure to record license in county.............................................................. 25

 

REPEALS BY AND EFFECTIVENESS OF THIS ACT

      Sec. 89.  1913 Optometry Law Repealed.  An act entitled “An Act defining and regulating the practice of optometry in the State of Nevada; providing for the appointment of a state board of optometry and fixing their duties; providing for the issuance and revocation of licenses to practice optometry; defining unprofessional conduct, and fixing penalties therefor; defining certain misdemeanors and providing penalties therefor; repealing all other acts or parts of acts in conflict therewith; and other matters properly relating thereto,” approved March 17, 1913, and being chapter 106, Statutes of Nevada 1913, also designated as sections 4965 to 4981, inclusive, N.C.L. 1929, and all acts supplementary thereto and amendatory thereof are hereby repealed.

      Sec. 90.  Other Acts and Parts of Acts Repealed.  All other acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 91.  Effective Date.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1955 Statutes of Nevada, Page 325ê

 

CHAPTER 209, SB 235

Senate Bill No. 235–Committee on State Institutions

CHAPTER 209

AN ACT to amend an act entitled “An Act for the government and maintenance of the state orphans’ home,” approved March 1, 1873.

 

[Approved March 24, 1955]

 

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

do enact as follows:

 

      Section 1.  The above-entitled act, being sections 7582 to 7596, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 11.5, which shall immediately follow section 11 and shall read as follows:

      Section 11.5.  The superintendent may arrange for the employment of children upon ranches, farms and in other occupations during the summer vacation months and for other periods which he deems proper for the full utilization of their time and productive capacities. The amounts to be paid to any such child shall be determined by the superintendent and the employer and shall, at the discretion of the superintendent, be paid in whole or in part to the child or to the superintendent in trust for such child.

      Sec. 2.  Section 13 of the above-entitled act, being section 7592, N.C.L. 1929, as amended by chapter 209, Statutes of Nevada 1953, at page 263, is hereby amended to read as follows:

      Section 13.  Children other than orphans shall be admitted to the Nevada state children’s home when committed by the district court of the county in which such child resides, as a dependent or neglected child. The order of commitment shall require the parent or parents of the child to pay to the board $50 monthly for the care and support of each child committed; provided, that when it shall appear to the district court that the parent or parents are unable to pay $50 per month the order shall require the payment of such lesser amount as may be found to be reasonable, and the county where the child was committed shall then pay to the board the difference between the amount so ordered paid and the sum of $50, or, if the parents be found unable to pay anything, the county where the child was committed shall be liable for the whole amount of the support of the child. If the parent or parents shall fail or refuse to comply with the order of the court, the board shall so notify the county commissioner of the county where the child was committed, and such county shall pay to the board, on behalf of such parent or parents, the amount ordered paid. Such county shall thereupon be entitled to recover from the parent or parents, by appropriate legal action, all sums so paid together with interest thereon at the rate of 7 percent per annum. No child shall be ordered committed to the Nevada state children’s home who is insane, idiotic, or so mentally and physically deformed as to be incapable of receiving the elements of an education, or who has any contagious disease. When any parent of a child committed under this section shall fail to pay the amount ordered for support, or if no support be ordered, shall fail to make any contribution for support, for a period of 1 year, that failure should be prima-facie proof of abandonment of the child by the parents.


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

ê1955 Statutes of Nevada, Page 326 (Chapter 209, SB 235)ê

 

period of 1 year, that failure should be prima-facie proof of abandonment of the child by the parents.

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

 

________

 

 

CHAPTER 210, SB 216

Senate Bill No. 216–Senator Whitacre

CHAPTER 210

AN ACT authorizing the payment of $349.53 to J. H. Hardie for void controller’s warrants issued originally in 1953.

 

[Approved March 24, 1955]

 

      Whereas, The controller of the State of Nevada on July 15, 1953, drew two warrants payable from the public employees’ retirement fund to James H. Hardie in reimbursement of deposits made thereto by him in the aggregate sum of $349.53; and

      Whereas, James H. Hardie was at that time desirous of continuing state employment and for that reason the district attorney of his county informed him that in order to have his previous time applied for public employees’ retirement he should refrain from cashing the warrants; and

      Whereas, The warrants were canceled by the state controller as being outstanding for over 90 days on November 16, 1953; and

      Whereas, This is a just and rightful claim for reimbursement due and owing James H. Hardie and he has been waiting over 1 1/2 years for it; now, therefore,

 

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

do enact as follows:

 

      Section 1.  The state controller is hereby authorized and directed to draw his warrant in favor of James H. Hardie in the sum of $349.53, and there is hereby appropriated from the state treasury from any moneys not otherwise appropriated the sum of $349.53 to pay the warrant, which the state treasurer is hereby authorized and directed to pay.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 327ê

 

CHAPTER 211, SB 175

Senate Bill No. 175–Committee on State and County Affairs

CHAPTER 211

AN ACT to amend an act entitled “An Act to provide revenue for the support of the government of the State of Nevada, and its political subdivisions; fixing the duties of certain officers; defining certain crimes and providing penalties therefor, and other matters properly connected therewith, and to repeal certain acts and parts of acts in conflict herewith,” approved March 30, 1953.

 

[Approved March 24, 1955]

 

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 chapter 344, Statutes of Nevada 1953, at page 604, is hereby amended to read as follows:

      Section 13.  It shall be the duty of the assessor in each of the respective counties of the state, on or before the first day of January of 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 taxes. A copy of the list shall be by the assessor delivered in person or mailed to each and every taxpayer in the county. 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, on a claim to be allowed and paid as are other claims against the county.

      At the same time, the assessor shall post at the front door of the courthouse, and publish in the official newspaper of the county, a notice to the effect that the tax roll is completed and open for inspection by interested persons of the county.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 328ê

 

CHAPTER 212, SB 104

Senate Bill No. 104–Committee on Judiciary

CHAPTER 212

AN ACT to amend an act entitled “An Act to provide for the conservation and distribution of underground waters, providing for the designation of artesian well basins and defining such wells and providing the method of appropriating the waters thereof; defining the powers and duties of the state engineer in the administration hereof; providing for the casing and capping of artesian wells and for the prevention of waste or water therefrom; providing for the licensing of well drillers; providing a forfeiture clause and providing a method for determination of vested rights, and matters relating thereto; prescribing penalties for the violation of the provisions of this act; adding hereto sections 7a, 9a, and 9b, and repealing certain acts and parts of acts in conflict herewith,” approved March 25, 1939.

 

[Approved March 24, 1955]

 

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 7993.11, 1929 N.C.L. 1941 Supp., as last amended by chapter 103, Statutes of Nevada 1949, at page 128, is hereby amended to read as follows:

      Section 2.  The word “person” as used herein shall be interpreted to mean any firm, partnership, association, company, or corporation, municipal corporation, power district, political subdivision of this or any state or United States government agency. The word “aquifer” as used herein means a geological formation or structure that transmits water. The words “artesian well” as used herein mean a well tapping an aquifer underlying an impervious material in which the static water level in said well stands above where it is first encountered in said aquifer. The word “waste” as used herein is defined as causing suffering or permitting any artesian well to discharge water unnecessarily above or below the surface of the ground so that the waters thereof are lost for beneficial use or in any canal or ditch conveying water from a well where the loss of water in transit is more than 20% of the amount of water discharged from said well, or in any event where over 20% of the water discharging from a well is lost from beneficial use. The words “well driller” as used herein mean any person, firm, copartnership, association, or corporation who shall drill a well or wells for compensation or otherwise, upon land other than his own. The words “general water law” as used herein mean the statutory water laws of 1913 and all amendments thereto. The words “domestic use” as used herein extend to culinary and household purposes, the watering of a family garden, lawn, and the watering of domestic animals. The terms “underground water” and “ground water” as used herein are synonymous.

      Sec. 2.  Section 3 of the above-entitled act, being section 7993.12, 1929 N.C.L. 1941 Supp., as last amended by chapter 103, Statutes of Nevada 1929, at page 129, is hereby amended to read as follows:

      Section 3.  The act shall not apply in the matter of obtaining permits for the developing and use of underground water from a well for domestic purposes where the draught does not exceed a daily maximum of 1,440 gallons, except as to the furnishing of any information required by the state engineer.


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

ê1955 Statutes of Nevada, Page 329 (Chapter 212, SB 104)ê

 

for domestic purposes where the draught does not exceed a daily maximum of 1,440 gallons, except as to the furnishing of any information required by the state engineer.

      Sec. 3.  Section 7a of the above-entitled act, being sections 7993.10 to 7993.24, inclusive, 1929 N.C.L. 1941 Supp., as added by chapter 43, Statutes of Nevada 1947, at page 55, is hereby amended to read as follows:

      Section 7a.  Every well driller or person as hereinbefore defined, before engaging in the physical drilling of a well in the State of Nevada for development of water shall, from and after July 1, 1947, and annually thereafter, make application to the state engineer for a license to drill. The application for such license and all licenses issued for the drilling of wells shall be in the form prescribed by the state engineer. All well drilling licenses shall expire on the thirtieth day of June following the issuance thereof and shall not be transferable. A fee of $25 shall accompany each application for such license and a fee of $10 shall be paid each year for renewal thereof. All such license fees shall be kept by the state engineer and used to pay costs pertaining to such licensing and other costs associated therewith. The state engineer is authorized and directed to prepare and keep on file in his office rules and regulations for well drilling.

      For the purpose of examining applicants for a well driller’s license the state engineer is herewith authorized to appoint a well driller’s advisory board or boards, hereinafter referred to as the “board.” Such board or boards may be on a regional or statewide basis. The purpose of the board is to determine the qualifications of an applicant as a well driller and to submit such findings to the state engineer. Rules and regulations of such board in examining applicants for a well driller’s license shall be developed by the state engineer in cooperation with the board upon its creation. In the event a hearing is held by the state engineer to determine if a licensed well driller is complying with the law or the rules and regulations pertaining to well drilling as hereinafter provided for, the state engineer may avail himself of the services of such board in an advisory capacity. The terms of office of the members of the board shall be at the pleasure of the state engineer but shall not exceed a period of 2 years. The state engineer may reappoint a member upon completion of his term and may fill vacancies on the board. The services of such board shall be without compensation from the state and the services so rendered shall be upon reasonable agreement effected with and by the state engineer.

      No person shall drill a well for water in this state without having first obtained a well-drilling license therefor as provided in this section. Well drillers are required to comply with the rules and regulations as may be adopted by the state engineer governing the drilling of water wells. If the state engineer shall determine, upon investigation and after hearing held upon at least fifteen days’ notice sent by registered mail to the licensed well driller, that the well driller has failed to comply with the law or the required rules and regulations, the state engineer may revoke his license. The state engineer may refuse to reissue a license to a well driller if it appears that he has violated the law or the rules and regulations.


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

ê1955 Statutes of Nevada, Page 330 (Chapter 212, SB 104)ê

 

law or the rules and regulations. The order revoking or refusing to reissue a license shall be final unless an action for review by the district court is filed pursuant to section 75 (section 7961, N.C.L. 1929) of the general water law.

      The well driller shall keep a log of the depth, thickness, and character of the different strata penetrated and the location of water-bearing strata, and he shall keep an accurate record of the work, including a statement of the date of beginning work, the date of completion, the length, size, and weight of the casing and how same is placed; the size of drilled hole, where sealed off and the type of seal, the name of the well driller and the type of drilling machine used, the number of cubic feet per second or gallons per minute of flow from such well when completed, and the pressure in pounds per square inch if it is a flowing well, and if nonflowing, the static water level, and the water temperature. If the well is to be tested by pumping by the permittee, immediately following the completion of the test the report shall include the drawdown with respect to the amount of water pumped, and any additional information requested by the state engineer, all of which shall be verified on forms prescribed by the state engineer, and shall be returned within thirty days following the completion of the well; such record and dates to become of permanent record in the state engineer’s office.

      Sec. 4.  Section 8 of the above-entitled act, being section 7993.17, 1929 N.C.L. 1941 Supp., as last amended by chapter 43, Statutes of Nevada 1947, at page 56, is hereby amended to read as follows:

      Section 8.  No person controlling an artesian well in any basin in Nevada shall suffer the waters therefrom to flow to waste, unless, and as far as reasonably necessary in the judgment of the state engineer, to prevent the obstruction thereof, or to flow or be taken therefrom except for beneficial purposes. The owner of any artesian well from which water is being unnecessarily wasted shall be deemed guilty of a misdemeanor, and, if upon fifteen days’ written notice by registered mail, return receipt requested, the owner fails to abate such waste, the state engineer or his assistants or authorized agents, may, without further notice, take such steps as may be necessary to abate such waste. The cost thereof, including the labor and material may in the first instance be paid by the state engineer from the water distribution fund, as provided in section 5 of this act; but any such cost in any event shall be a lien on the land on which said well is located and, also, any other land possessed by the well owner to which the water from said well is appurtenant; provided, that the state engineer, his assistants, or authorized agents, as the case may be, shall file an itemized and sworn statement, setting forth the date when such work was done and the nature of the labor so performed, with the board of county commissioners of the county wherein such charge and expense were incurred. The board of county commissioners shall thereupon present a bill for the expense to the person liable therefor under this section, and if such person shall neglect for 30 days thereafter to pay the same, such bill and costs shall be and become a lien upon the lands and property of the person so liable for the payment of the bill, and shall be collected as delinquent taxes against the lands and property are collected.


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

ê1955 Statutes of Nevada, Page 331 (Chapter 212, SB 104)ê

 

and shall be collected as delinquent taxes against the lands and property are collected.

      Sec. 5.  Section 10 of the above-entitled act, being section 7993.19, 1929 N.C.L. 1941 Supp., as last amended by chapter 103, Statutes of Nevada 1949, at page 130, is hereby amended to read as follows:

      Section 10.  The state engineer shall administer this act and shall prescribe all necessary rules and regulations within the terms of this act for such administration. The state engineer may require periodical statements of water elevations, water used, and acreage on which water was used from all holders of permits and claimants of vested rights; may upon his own initiation conduct pumping tests to determine if overpumping is indicated, to determine the specific yield of the aquifers and to determine permeability characteristics; he shall determine if there is unappropriated water in the area affected and may issue permits only if such determination is affirmative. It shall be an express condition of each appropriation of ground water acquired under this act that the right of the appropriator shall relate to a specific quantity of water and that such right must allow for a reasonable lowering of the static water level at the appropriator’s point of diversion; and provided, that in determining such reasonable lowering of the static water level in a particular area, the state engineer shall consider the economics of pumping water for the general type of crops growing and may also consider the effect of water use on the economy of the area in general; and nothing herein shall be so construed as to prevent the granting of permits to applicants later in time on the ground that the diversions under such proposed later appropriations may cause the water level to be lowered at the point of diversion of a prior appropriator, so long as the rights of holders of existing appropriations can be satisfied under such express conditions. The state engineer shall conduct investigations in any basin or portion thereof where it appears that the average annual replenishment to the ground-water supply may not be adequate for the needs of all permittees and all vested-right claimants, and if his findings so indicate the state engineer may order that withdrawals be restricted to conform to priority rights. In any basin or portion thereof in the state designated by the state engineer as herein provided, the state engineer may restrict drilling of wells in any portion thereof if he determines that additional wells would cause an undue interference with existing wells; provided, any order or decision of the state engineer so restricting drilling of said wells may be reviewed by the district court of the county pursuant to section 75 (section 7961 N.C.L. 1929) of the general water law.

      Sec. 6.  The above-entitled act, being chapter 178, Statutes of Nevada 1939, at page 274, also designated as sections 7993.10 to 7993.24, inclusive, 1929 N.C.L. 1941 Supp., is hereby amended by adding thereto a new section designated as section 10.5, which shall immediately follow section 10 and shall read as follows:

      Section 10.5.  Within an area that has been designated by the state engineer, as herein provided for, where, in his judgment, the groundwater basin is being depleted, the state engineer in his administrative capacity is herewith empowered to make such rules, regulations and orders as are deemed essential for the welfare of the area involved.


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

ê1955 Statutes of Nevada, Page 332 (Chapter 212, SB 104)ê

 

capacity is herewith empowered to make such rules, regulations and orders as are deemed essential for the welfare of the area involved.

      In the interest of public welfare, the state engineer is authorized and directed to designate preferred uses of water within the respective areas so designated by him and from which the ground water is being depleted and in acting on applications to appropriate ground water he may designate such preferred uses in different categories with respect to the particular areas involved within the following limits: domestic, municipal, quasi-municipal, industrial, irrigation, mining and stockwatering uses. The state engineer may issue temporary permits to appropriate ground water which can be limited as to time and which may be revoked if and when water can be furnished by an entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof; to deny applications to appropriate ground water for any purpose in areas served by such an entity; to limit depth of domestic wells, and to prohibit the drilling of wells for domestic use, as defined in sections 2 and 3 hereof, in areas where water can be furnished by an entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof.

      Providing, however, for good and sufficient reasons the state engineer may exempt the provisions of this section with respect to public housing authorities.

      Sec. 7.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 213, SB 14

Senate Bill No. 14–Senator Lovelock

CHAPTER 213

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 24, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 80 of the above-entitled act, being section 3656.80, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:

      Section 80.  Commissioner to Approve Policy Forms.

      1.  A policy of life insurance shall not be issued or delivered in this state until the form of the same has been filed with the commissioner, nor if the commissioner gives written notice within thirty (30) days of such filing to the company proposing to issue it showing wherein the form of such policy does not conform to generally accepted standard insurance practice or does not comply with the requirements of the laws of this state; provided, that such action of the commissioner shall be subject to review by a court of competent jurisdiction.


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

ê1955 Statutes of Nevada, Page 333 (Chapter 213, SB 14)ê

 

this state until the form of the same has been filed with the commissioner, nor if the commissioner gives written notice within thirty (30) days of such filing to the company proposing to issue it showing wherein the form of such policy does not conform to generally accepted standard insurance practice or does not comply with the requirements of the laws of this state; provided, that such action of the commissioner shall be subject to review by a court of competent jurisdiction.

      2.  Notwithstanding any other provision of this act, no life insurance policy, other than group insurance, shall hereafter be delivered or issued in this state:

      (a) Which does not constitute the entire contract between the parties and which does not provide in the contract the amount and manner of payment of benefits and the consideration therefor; and

      (b) Which contains a provision for the segregation of policyholders into mathematical groups and providing benefits for a surviving policyholder, or policyholders, of a group arising out of the death of another policyholder, or policyholders, of such group, or any other similar provision; and

      (c) Which contains a provision providing benefits or values for surviving or continuing policyholders contingent upon the lapse or termination of other policyholders, whether by death or otherwise; and

      (d) Which contains a provision that on the death of anyone not specifically named therein, the owner or beneficiary of the policy shall receive the payment or granting of anything of value.

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

 

________

 

 

CHAPTER 214, AB 418

Assembly Bill No. 418–Mrs. Denton

CHAPTER 214

AN ACT to amend an act entitled “An Act to provide for free public libraries in counties, and other matters relating thereto,” approved March 21, 1925.

 

[Approved March 24, 1955]

 

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 5595, N.C.L. 1929, as last amended by chapter 88, Statutes of Nevada 1949, at page 110, is hereby amended to read as follows:

      Section 1.  The county commissioners of the several counties of the State of Nevada may set apart the sum of $6,000 to be used in the establishment and maintenance of a free public library in the county seat of each county of the State of Nevada; and each year thereafter said board of county commissioners may set apart an amount sufficient adequately to maintain the same, but not exceeding the amount originally set apart; provided, that in cases where the total assessable property valuation of the county decreases to the extent of fifteen percent or more, then the appropriation may, in the discretion of the board of county commissioners, be discontinued.


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

ê1955 Statutes of Nevada, Page 334 (Chapter 214, AB 418)ê

 

board of county commissioners, be discontinued. The fund so created shall be known as the “public library fund.”

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

 

________

 

 

CHAPTER 215, AB 335

Assembly Bill No. 335–Messrs. Giomi and Barnum

CHAPTER 215

AN ACT relating to the application of insecticides, fungicides and herbicides by aircraft or ground equipment; providing for the licensing of persons engaged therein and the disposition of moneys collected therefor; providing penalties for violation hereof; and other matters relating thereto.

 

[Approved March 24, 1955]

 

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

do enact as follows:

 

      Section 1.  Policy.  It is the policy of this state and the purpose of this act to regulate, in the public interest, the custom application of insecticides, fungicides and herbicides, which, although valuable for the control of insects, fungi and weeds, may seriously injure men, animals and crops over wide areas if not properly applied.

      Sec. 2.  Definitions.  As used in this act:

      1.  The term “insecticide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environment whatsoever.

      2.  The term “fungicide” means any substance or mixture of substances intended to prevent, destroy, repel or mitigate any fungi.

      3.  The term “herbicide” means any substance or mixture of substances intended to prevent, destroy, repel or mitigate any weed.

      4.  The term “insect” means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs and flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs as, for example, spiders, mites, ticks, centipedes and wood lice.

      5.  The term “fungi” means all non-chlorophyll-bearing thallophytes (that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts and bacteria, except those on or in living man or other animals.

      6.  The term “weed” means any plant which grows where not wanted.

      7.  The term “person” means any individual, firm, partnership, association, corporation, company, joint-stock association or body politic, or any organized group of persons whether incorporated or not; and includes any trustee, receiver, assignee or other similar representative thereof.

      8.  The term “director” means the director of the division of plant industry of the state department of agriculture.


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

ê1955 Statutes of Nevada, Page 335 (Chapter 215, AB 335)ê

 

      9.  The term “custom application of insecticides, fungicides or herbicides” means any application of insecticides, fungicides or herbicides by aircraft or ground equipment for hire.

      10.  The term “aircraft” means any contrivance now known or hereafter invented, used or designed for navigation of, or flight in, the air.

      11.  The term “ground equipment” means any machine or device (other than aircraft), for use on land or water, designed for, or adaptable to, use in applying insecticides, fungicides or herbicides as sprays, dusts, aerosols or fogs, or in other forms.

      Sec. 3.  Licenses.

      1.  No person shall engage in custom application of insecticides, fungicides or herbicides within this state at any time without a license issued by the director. Application for a license shall be made to the director and shall contain information regarding the applicant’s qualifications and proposed operations and other relevant matters as required pursuant to regulations promulgated by the director.

      2.  The director may require the applicant to show, upon examination, that he possesses adequate knowledge concerning the proper use and application of insecticides, fungicides and herbicides, and the dangers involved and precautions to be taken in connection with their application. If the applicant is other than an individual, the applicant shall designate an officer, member or technician of the organization to take the examination, such designee to be subject to the approval of the director. If the extent of the applicant’s operations warrant it, the director may require more than one officer, member or technician to take the examination.

      3.  If the director finds the applicant qualified, and upon filing of the bond required under subsection 5 of this section, the director shall issue a license, for such period as he may by regulation prescribe, to perform custom application of insecticides, fungicides and herbicides within this state. The license may restrict the applicant to the use of a certain type or types of equipment or materials if the director finds that the applicant is qualified to use only such type or types. If a license is not issued as applied for, the director shall inform the applicant in writing of the reasons therefor.

      4.  The director may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke or modify any license issued under this section, if he finds that the licensee is no longer qualified, has engaged in fraudulent business practices in the custom application of insecticides, fungicides or herbicides, or has made any custom application in a faulty, careless or negligent manner, or has violated any of the provisions of this act or regulations made thereunder.

      5.  The director shall require a reasonable bond, with satisfactory surety, from each applicant, under such rules and regulations as he may prescribe, to secure the performance of contractual obligations of the licensee with respect to custom application of insecticides, fungicides or herbicides. Any person injured by the breach of any such obligation shall be entitled to sue on the bond in his own name in any court of competent jurisdiction to recover the damages he may have sustained by such breach, providing each claim is made within 6 months after the alleged injury.


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

ê1955 Statutes of Nevada, Page 336 (Chapter 215, AB 335)ê

 

sustained by such breach, providing each claim is made within 6 months after the alleged injury.

      6.  The director may issue a license without examination to a nonresident who is licensed in another state substantially in accordance with the provisions of this act.

      7.  Any person aggrieved by any action of the director may obtain a review thereof by filing in the district court of the county wherein he resides, within 30 days after notice of the action, a written petition praying that the action of the director be set aside. A copy of such petition shall forthwith be delivered to the director, and within 20 days thereafter the director shall certify and file in the court a transcript of any record pertaining thereto, including a transcript of evidence received, whereupon the court shall have jurisdiction to affirm, set aside or modify the action of the director, except that the findings of the director as to the facts, if supported by substantial evidence, shall be conclusive.

      8.  The director shall collect from each person applying for a license the sum of $25 before such license is issued. Any company or person employing more than one operator of ground sprayers or pilot shall pay to the director $10 for each such operator. Fees collected for licenses shall be deposited in the state treasury to the credit of the general fund and may be drawn upon by the director for the purpose of enforcing this act in the manner provided for payment of other claims against the state.

      Sec. 4.  Inspection.  The director may provide for inspection of any ground equipment or of any device or apparatus used for custom application of insecticides, fungicides or herbicides by aircraft and may require proper repairs or other changes before its further use for custom application.

      Sec. 5.  Materials and Methods of Application.  The director may, by regulation, prescribe materials or methods to be used and prohibit the use of materials or methods in custom application of insecticides, fungicides and herbicides, to the extent necessary to protect health or to prevent injury, by reason of the drifting, washing or application of such materials to desired plants or animals, including pollinating insects and aquatic life, on property other than that owned or leased by the person for whom the materials are applied. In issuing such regulations, the director shall give consideration to pertinent research findings and recommendations of other agencies of this state or of the Federal Government.

      Sec. 6.  Reports.  The director may by regulation require any licensee to maintain such records and furnish reports giving such information with respect to particular applications of insecticides, fungicides or herbicides and such other relevant information as the director may deem necessary.

      Sec. 7.  Regulations.  The director may make regulations for carrying out the provisions of this act; but such regulations shall not be inconsistent with regulations issued by this state or by the Federal Government respecting safety in air navigation or operation of aircraft. Before issuing regulations directly related to any matter within the jurisdiction of any other official of this state, the director shall consult with that official with reference thereto.


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

ê1955 Statutes of Nevada, Page 337 (Chapter 215, AB 335)ê

 

jurisdiction of any other official of this state, the director shall consult with that official with reference thereto.

      Sec. 8.  Information.  The director may, in cooperation with the University of Nevada, publish information regarding injury which may result from improper application or handling of insecticides, fungicides or herbicides and methods and precautions designed to prevent such injury.

      Sec. 9.  Penalties.  Any person violating the provisions of this act or the regulations issued hereunder shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $500 for the first offense or imprisonment for 60 days in the county jail or both such fine and imprisonment.

      Sec. 10.  Exemptions.  This act shall not apply to custom application of insecticides, fungicides or herbicides to prevent, destroy, repel or mitigate insects or fungi within or under buildings, except farm buildings other than dwellings, or within vehicles, ships, aircraft or other means of transporting persons or property by land, water or air.

      Sec. 11.  Enforcement.  For the purpose of carrying out the provisions of this act the director and his duly appointed inspectors may enter upon any public or private premises at reasonable times in order to have access for the purpose of inspecting any aircraft or ground equipment subject to this act.

      Sec. 12.  Delegation of Duties.  The functions vested in the director by this act may be delegated by him to such employees of the department of agriculture as the director may from time to time designate for such purposes.

      Sec. 13.  Cooperation.  The director may cooperate with any other agency of this state or of its subdivisions or with any agency of any other state or of the Federal Government for the purpose of carrying out the provisions of this act and of securing uniformity of regulations.

      Sec. 14.  Separability.  If any provision of this act is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the constitutionality of the remainder of the act and the applicability thereof to other persons and circumstances shall not be affected thereby.

      Sec. 15.  Repeal.  The provisions of chapter 156, Statutes of Nevada 1949 and all acts and parts of acts inconsistent with this act are hereby expressly repealed.

      Sec. 16.  Effective Date.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1955 Statutes of Nevada, Page 338ê

 

CHAPTER 216, AB 317

Assembly Bill No. 317–Mr. Pozzi

CHAPTER 216

AN ACT authorizing the board of county commissioners of Ormsby County to exchange certain county-owned land for certain land owned by the United States of America, and to do all acts in connection therewith necessary to effect such exchange, and other matters properly relating thereto.

 

[Approved March 24, 1955]

 

      Whereas, The United States of America is the owner of the SW 1/4 sec. 1, T. 15 N., R. 20 E., M.D.B.&M., Nevada, situate in Ormsby County, Nevada, which, due to its location or site, is an ideal location for a refuse and garbage dump for the use of all of Ormsby County, including Carson City, Nevada; and

      Whereas, The county of Ormsby has become the owner of a fraction of the SW 1/4 of the SE 1/4 of section 8, township 15 north, range 20 east, M.D.B.&M. Nevada, described by metes and bounds in the following: Beginning at a point in the SW 1/4 of the SE 1/4 of section 8, township 15 north, range 20 east; which said point lies in south boundary of the N 1/2 of the NE 1/4 of the SW 1/4 of the SE 1/4 of said section 8, and from which the 1/4-section corner common to sections 8 and 17, township 15 north, range 20 east, M.D.B.&M. bears south 35° 58ʹ 52ʺ west, a distance of 1220.43 feet, and running thence north 0° 02ʹ 16ʺ east, a distance of 172.650 feet, to a point on the southeasterly 40-foot width right-of-way line, of the Nevada state highway, known as the cemetery road in said Carson City; thence north 89° 10ʹ 50ʺ east, along said right-of-way line, a distance of 570.064 feet, to a point 30.000 feet, westerly from the 1/16-section line bounding the east side of the said SW 1/4 of the SE 1/4 of said section 8; thence south 0° 02ʹ 16ʺ west, parallel to said 1/16-section line and 30.000 feet westerly therefrom, a distance of 182.593 feet, to a point in the south boundary of the N 1/2 of the NE 1/4 of the SW 1/4 of the SE 1/4, of said section 8, and from which point to the SE 1/4 corner of the N 1/2 of the NE 1/4 of the SW 1/4 of the SE 1/4, of said section 8, bears south 89° 48ʹ 36ʺ east, a distance of 30.000 feet; thence north 89° 48ʹ 36ʺ west, along said boundary, a distance of 570.002 feet, to the point of beginning. Containing 2.324 acres, more or less.

the lands having been acquired by tax deed dated July 20, 1927; and

      Whereas, The county of Ormsby and the United States of America through the Bureau of Land Management, Department of Interior, have taken proper steps to consummate the exchange of the lands, which will prove beneficial to all parties or persons concerned, and it remains now only to secure legislative authority to make such exchange of lands; now, therefore,

 

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

do enact as follows:

 

      Section 1.  The board of county commissioners of Ormsby County, Nevada, are hereby authorized to exchange with the United States of America, those certain lands situate in Ormsby County, Nevada, the title of which is vested in Ormsby County, and described as follows:

 


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

ê1955 Statutes of Nevada, Page 339 (Chapter 216, AB 317)ê

 

title of which is vested in Ormsby County, and described as follows:

      A fraction of the SW 1/4 of the SE 1/4 of section 8, township 15 north, range 20 east, M.D.B.&M. Nevada, described by metes and bounds in the following: Beginning at a point in the SW 1/4 of the SE 1/4 of section 8, township 15 north, range 20 east; which said point lies in south boundary of the N 1/2 of the NE 1/4 of the SW 1/4 of the SE 1/4 of said section 8, and from which the 1/4-section corner common to sections 8 and 17, township 15 north, range 20 east, M.D.B.&M. bears south 35° 58ʹ 52ʺ west, a distance of 1220.43 feet, and running thence north 0° 02ʹ 16ʺ east, a distance of 172.650 feet, to a point on the southeasterly 40-foot width right-of-way line, of the Nevada state highway, known as the cemetery road in said Carson City; thence north 89° 10ʹ 50ʺ east, along said right-of-way line, a distance of 570.064 feet, to a point 30.000 feet, westerly from the 1/16-section line bounding the east side of the said SW 1/4 of the SE 1/4 of said section 8; thence south 0° 02ʹ 16ʺ west, parallel to said 1/16-section line and 30.000 feet westerly therefrom, a distance of 182.593 feet, to a point in the south boundary of the N 1/2 of the NE 1/4 of the SW 1/4 of the SE 1/4, of said section 8, and from which point the SE 1/4 of the N 1/2 of the NE 1/4 of the SW 1/4 of the SE 1/4, of said section 8, bears south 89° 48ʹ 36ʺ east, a distance of 30.000 feet; thence north 89° 48ʹ 36ʺ west, along said boundary, a distance of 570.002 feet, to the point of beginning. Containing 2.324 acres, more or less.

for that certain land situate in Ormsby County, Nevada, now owned by the United States of America, which land is described as follows:

      SW 1/4, sec. 1, T. 15 N., R. 20 E., M.D.B.&M. Nevada.

      Sec. 2.  For the purpose of making the exchange of lands referred to in section 1 of this act, the board of county commissioners of Ormsby County, Nevada, are authorized to do each and every act as may be necessary and proper to effect such exchange including the making of an order to be entered on the record of its proceedings directing the county treasurer to execute and deliver to the United States of America, through the Bureau of Land Management, Department of Interior, an absolute deed of the above-described county-owned land.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 340ê

 

CHAPTER 217, AB 305

Assembly Bill No. 305–Mr. Harmon

CHAPTER 217

AN ACT to amend an act entitled “An Act to provide revenue for the support of the government of the State of Nevada and its political subdivisions; fixing the duties of certain officers; defining certain crimes and providing penalties therefor, and other matters properly connected therewith, and to repeal certain acts and parts of acts in conflict herewith,” approved March 30, 1953.

 

[Approved March 24, 1955]

 

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 344, Statutes of Nevada 1953, at page 597, as amended by chapter 13, Statutes of Nevada, 1954, at page 29, is hereby amended to read as follows:

      Section 1.  All property of every kind and nature whatsoever within this state shall be subject to taxation except:

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

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

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

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

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


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

ê1955 Statutes of Nevada, Page 341 (Chapter 217, AB 305)ê

 

open to the public for the burial of the dead, when no charge is made for burial therein.

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

      Seventh-The real property owned and used exclusively by any post of any national organization of ex-service men or women for the legitimate purposes and customary objects of such posts; provided, that such exemption shall in no case exceed the sum of five thousand ($5,000) dollars to any one post or organization thereof. The property of any person who has served a minimum of 90 days on active duty (unless sooner discharged or retired by reason of service-incurred disability) in the armed forces of the United States in time of war, the definition of service in time of war to be determined from the dates of beginning of wars as determined by presidential proclamation or by act or resolution of congress, or who has served in the armed forces of the United States after June 1, 1950, and prior to such date as shall thereafter be determined by presidential proclamation or by act or resolution of congress, and upon severance of such service has received an honorable discharge or certificate of service from such armed forces, or who, having so served, is still serving in such armed forces, shall be exempt from taxation to the extent of one thousand ($1,000) dollars assessed valuation of such property; provided, however, that for the purpose of this section the first one thousand ($1,000) dollars assessed valuation of property in which such person has any interest shall be deemed the property of such person. Such exemptions shall be allowed only to claimants who shall make an affidavit annually, on or before the first Monday in October for the purpose of being exempt on the tax roll; provided, however, that said affidavit be made at any time by a person claiming exemption from taxation on personal property. Said affidavit to be made before the county assessor to the effect that they are actual bona fide residents of the State of Nevada and have been an actual bona fide resident of the State of Nevada and established his residence for a period of more than 3 years immediately preceding the making of said affidavit, that such exemption is claimed in no other county within this state; provided, however, that persons in actual military service shall be exempt during the period of such service from filing annual affidavits of exemption and the county assessors are directed to continue to grant exemption to such persons on the basis of the original affidavit filed; provided further, that in the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, such affidavit may be made in his or her behalf during the period of such service by any person having knowledge of the facts; and provided further, that the assessors of each of the several counties of this state shall require, before allowing any veteran’s exemption pursuant to the provisions of this act, proof of status of such veteran, and for that purpose shall require production of an honorable discharge or certificate of service or certified copy thereof, or such other proof of status as may be necessary, and any person who shall make a false affidavit or produce false proof to the assessor, and as a result of such false affidavit or false proof a tax exemption is allowed to a person not entitled to such exemption, such person shall be fined in any amount not exceeding one thousand ($1,000) dollars or sentenced to not more than one (1) year in the county jail or to both such fine and imprisonment.


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

ê1955 Statutes of Nevada, Page 342 (Chapter 217, AB 305)ê

 

his or her behalf during the period of such service by any person having knowledge of the facts; and provided further, that the assessors of each of the several counties of this state shall require, before allowing any veteran’s exemption pursuant to the provisions of this act, proof of status of such veteran, and for that purpose shall require production of an honorable discharge or certificate of service or certified copy thereof, or such other proof of status as may be necessary, and any person who shall make a false affidavit or produce false proof to the assessor, and as a result of such false affidavit or false proof a tax exemption is allowed to a person not entitled to such exemption, such person shall be fined in any amount not exceeding one thousand ($1,000) dollars or sentenced to not more than one (1) year in the county jail or to both such fine and imprisonment.

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

      Ninth-The buildings, with their furniture and equipments, and the lots of ground on which they stand, used therewith and necessary thereto of the Nevada Art Gallery, Inc., the Young Men’s Christian Association, the Young Women’s Christian Association, the American National Red Cross or any of its chapters in the State of Nevada, the Salvation Army Corps, Girl Scouts of America, and the Boy Scouts of America; provided, that when any such property is used for other than Nevada Art Gallery, Inc., Young Men’s Christian Association, Young Women’s Christian Association, American National Red Cross, or any of its chapters in the State of Nevada, Salvation Army Corps, Girl Scouts of America, or Boy Scouts of America purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed.

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

      Eleventh-The buildings, furniture and equipment of noncommercial theaters owned and operated by nonprofit educational corporations organized for the exclusive purpose of conducting classes in theater practice and the production of plays on a nonprofessional basis shall be exempt from taxation; provided, that such corporation shall provide in its articles of incorporation that the property for which the tax exemption is requested shall revert to the county in which it is located upon the cessation of the activities of the said noncommercial theater; provided, that such exemption shall in no case exceed the sum of $5,000 to any one such nonprofit educational corporation.

      Twelfth-Notwithstanding any other provisions of this act or any section or subsection thereof, all claims for tax exemptions on real property shall be filed on or before the first Monday in October of the year for which the exemption is claimed.


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

ê1955 Statutes of Nevada, Page 343 (Chapter 217, AB 305)ê

 

property shall be filed on or before the first Monday in October of the year for which the exemption is claimed.

 

________

 

 

CHAPTER 218, AB 297

Assembly Bill No. 297–Mineral County Delegation

CHAPTER 218

AN ACT to amend an act entitled “An Act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electrical power and telephone line, extending from the Lundy generating plant of the Nevada-California power company situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of such bonds, and other matters relating thereto,” approved March 4, 1921.

 

[Approved March 24, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 17 of the above-entitled act, being chapter 45, Statutes of Nevada 1921, at page 80, as amended by chapter 189, Statutes of Nevada 1945, at page 330, is hereby amended to read as follows:

      Section 17.  (a) The county commissioners of Mineral County shall constitute the board of managers. The board of managers shall employ as general manager of such system, and fix his compensation at not to exceed $550 per month, a qualified and competent person, but who must have had at least three years’ practical engineering experience with an electric utility, or as a general or assistant manager or superintendent of an existing public utility, who shall qualify as required by law, and give bond in the sum of not less than five thousand ($5,000) dollars for the faithful discharge of his duties, who shall have complete charge of and be liable to said board for his actions in connection with the operation of said system, and who shall devote his entire time thereto. He shall have charge of such system, and be responsible to such board for his actions in connection with the operation thereof. He shall devote all necessary time thereto, or such time as may be required by such board, and receive such compensation as may be fixed by said board in their order appointing and designating him as general manager of such system; provided, the board may also employ a technical adviser as consulting electrical engineer, and employ any other necessary employees, and fix their salary or compensation.

      No person who holds a public office shall be permitted to occupy the position of general manager. In the event such general manager is nominated or appointed to public office he shall be immediately removed from the position of general manager and another appointed in his place.


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

ê1955 Statutes of Nevada, Page 344 (Chapter 218, AB 297)ê

 

      (b) Said general manager, with the consent and approval of the board of managers, may employ such additional necessary employees as may from time to time be required, and fix their compensation; provided, that every employee who may be charged with the collection or handling of funds of such power system shall furnish bond prior to assuming the duties of his office, in the sum of not less than one thousand ($1,000) dollars, and qualify as required by law, and the bond of such general manager and other employees shall be approved by the board and be recorded and filed in the office of the county clerk.

      (c) The general manager shall make a monthly report to the board of managers, with duplicate thereof to the county auditor, giving full details of all business transacted during the preceding month, including receipts and disbursements and matters pertinent thereto, and shall also render to said board an annual report on the first Monday of January of each year, showing the condition of said system, including its finances, in detail, and giving his recommendations for the ensuing year; he shall keep such books and records as may be required by law or by the board of managers, and as will show at all times the exact status of such utility, giving the cost of construction (including branches), maintenance, and operation, and all revenues, and the source from which derived, and the classified disbursements; he shall also make such annual reports on behalf of said board of managers to the Nevada public service commission, or their successors, as may be required, and copies thereof shall be annexed to his annual report made to such board of managers; he shall maintain the office of the said system in the courthouse at the county seat.

      (d) The board of managers is hereby authorized and empowered to dismantle and salvage any portion of said system which may have been out of use for a period of six years or more.

      (e) Neither the board of county commissioners acting as such or acting as the board of managers, or the general manager, shall have the power to sell, lease, trade, rent, or otherwise deal with any equipment, supplies, or property of any kind, character, or description, purchased, salvaged, or used for any purpose connected with the operation and maintenance of the Mineral County power system, without first having submitted the proposition to the electors of Mineral County at a special election called for that purpose; provided, however, that the board of county commissioners shall have the power to sell any items of machinery, material, or supplies that are no longer required or of use in the plant or the operation thereof by reason of being superfluous, worn out, obsolete, or defective, without an election, on amounts less than $500. Nothing herein contained shall be construed to limit the sale of electrical energy and power as now provided by this act. The board of county commissioners, acting as the board of managers, are authorized to purchase equipment or supplies, not in excess of $1,000, without advertising for bids, but shall advertise for bids for all such purchases in excess of $1,000. The board of county commissioners shall have the power to rent from any other owner any transmission lines, power lines, machinery, equipment, or property, for a term not exceeding two years. The rents and rentals or charges reserved in any such contract shall be paid from time to time as an expense of operation of the Mineral County power system.


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

ê1955 Statutes of Nevada, Page 345 (Chapter 218, AB 297)ê

 

contract shall be paid from time to time as an expense of operation of the Mineral County power system. No such contract shall be made by the board of county commissioners unless notice of intention to decide on the same shall be published in a weekly newspaper published in the county for two consecutive insertions fixing a date for a public hearing thereon which shall not be less than 15 days from the first publication and which shall briefly describe the property to be rented, and the rental charge and specify from whom to be rented; provided, however, all such contracts under $1,000 may be entered into without publication as aforesaid.

      (f) Any person violating the provisions of subsection (e) shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for not less than one year nor more than five years. Upon conviction the office of such person shall become vacant.

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

 

________

 

 

CHAPTER 219, AB 251

Assembly Bill No. 251–Committee on State Institutions

CHAPTER 219

AN ACT providing for the support and maintenance of persons committed to the Nevada state hospital and the disposition of and accounting for the estates and property of such persons; imposing certain obligations and duties upon certain persons, and other matters properly relating thereto.

 

[Approved March 24, 1955]

 

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

do enact as follows:

 

      Section 1.  Property and Support of Committed Persons.  A husband, wife, children and parents of persons committed to the Nevada state hospital under the various forms of commitments prescribed by statute, the estates of such persons, and the guardian and administrator of the estate of a committed person, shall cause such committed person to be properly and suitably cared for and maintained and shall pay for such services and the cost of transporting such person to the Nevada state hospital. The liability of such persons and estates shall be a joint and several liability which the superintendent of the Nevada state hospital is authorized to enforce in favor of the hospital. Estates or income acquired by such persons while confined at the Nevada state hospital shall become equally liable.

      Sec. 2.  Duties of Guardians.  Guardians appointed for mentally ill persons committed to the Nevada state hospital shall, in addition to any bond now required by law, enter into bond with good and sufficient sureties payable to the State of Nevada, conditioned for the prompt payment in advance to the superintendent of the Nevada state hospital of all charges due the hospital for care and support and other legal expenses for which the estate of the incompetent is legally liable so long as there are means or property available for the purpose.


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

ê1955 Statutes of Nevada, Page 346 (Chapter 219, AB 251)ê

 

Moneys so received by the superintendent shall be paid over to the state treasurer to be credited to the general fund, the same as moneys received from kindred for such purposes as provided in this act. When the guardian or other responsible person shall become unable to provide any longer for such person, upon a proper showing to the judge of the district court where the appointment of the guardian was made or where such person was committed, the court shall certify such fact to the superintendent of the hospital who shall from the date of such certificate release the guardian or kindred, as the case may be, from any further liability on account of such bond and further payments to the hospital, and shall immediately transfer the patient to the status of an indigent.

      Sec. 3.  Claims by Nevada State Hospital.  Claims by the Nevada state hospital against estates of persons deceased may be presented to the executor or administrator be paid as a preferred claim, with the same rank as claims for expenses of last illness. When a deceased patient has been maintained at the hospital at a rate of pay less than the maximum usually charged, or the hospital has incurred other expenses for the benefit of the patient for which full payment has not been made, the estate of the patient shall be liable, if such estate is discovered within 5 years after the person’s death; any personal credit funds in possession of the hospital during the lifetime of the patient shall be immediately applicable and transferred to the account for subsistence and care to the extent of the unpaid portion up to the maximum which would have been charged if funds had been available. Guardians of estates of committed persons shall pay for subsistence and care of such persons as determined by the superintendent (not to exceed the maximum charged in similar cases). Such payment shall be enforcible by an order from the court establishing the guardianship, upon filing of a petition by the superintendent showing that the guardian has failed, refused or neglected to pay to the hospital as required. Such order of the court may be enforced in the same manner as other orders of the court. If there is not sufficient money on hand in the estate to pay the claim of the hospital, either on petition of the guardian or if he fails or refuses to petition, the superintendent of the hospital may petition the court for an order directing the guardian to sell so much of the estate as is necessary to maintain payments to the hospital. However, payments shall not be exacted from estates of patients likely to recover, when such payments may reduce the person to poverty upon release from the hospital.

      Sec. 4.  Pay Patients and Patients’ Fund.

      1.  Rate of Pay.  The daily or monthly rate for subsistence and care of committed persons shall be determined by the superintendent of the Nevada state hospital and shall be payable monthly in advance. The optimum rate shall approximate the actual average per diem per capita for patients confined in the hospital for the previous year ending on June 30. The cost of transportation to the hospital is payable with the first monthly payment. The assessment of a rate less than the maximum shall not constitute a waiver to a claim for the difference between the actual rate and the maximum rate when the financial means of responsible relatives or the patient’s estate warrants the higher rate.


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

ê1955 Statutes of Nevada, Page 347 (Chapter 219, AB 251)ê

 

means of responsible relatives or the patient’s estate warrants the higher rate. Previously determined payments may be lowered or raised by the authority of the superintendent in the event adverse or favorable changes in the financial standing of the relatives or the patient’s estate warrants such action. The costs for clothing, personalized needs, medical, surgical and related services which have to be purchased outside of the institution shall be additional charges against the liable relatives or the patient’s estate. The unused portion of advance payments shall be refundable to the source of the payments in the event of the patient’s death, parole or discharge from the hospital. Rate of pay for services determined by the superintendent may be appealed to, and reviewed by, the hospital advisory board. After review, the advisory board may modify the determination of the superintendent.

      2.  Special Agreement.  The superintendent may enter into a special agreement secured by a properly executed bond with the relatives, guardian or friends of a patient for subsistence and care or other expenses at the institution. Such agreement and bond shall be to the State of Nevada and action to enforce the same may be brought by the superintendent. Financially liable relatives and the guardian of the estate of a committed person may, from time to time, pay the hospital money to be used for the future personal needs of the patient and for burial expenses, such sums so paid to be credited to the patient’s personal deposit fund.

      3.  Patients’ Fund.  There shall be maintained at the hospital a fund known as the patients’ personal deposit fund. Moneys coming into the possession of the superintendent belonging to an inmate of the hospital shall be deposited in the name of that patient in the fund, except when there is a guardian of the patient’s estate, he shall have the right to demand and receive such funds. When practicable, individual credits in that fund shall not exceed the sum of $150. When the individual credit exceeds the maximum sum, the excess may be applied for support and care and other approved charges against the patient. Any of the money to the credit of individual patients may be used for the purchase of personal necessities or be applied to the expense of burial. Money accepted for the benefit of a patient for special purposes shall be reserved for such purposes regardless of the total amount to the credit of such patient.

      4.  Small Estates.  The superintendent of the hospital is authorized to receive personal property which requires safekeeping for the benefit of the patient when the total value of such property does not exceed $300. He may remove or cause to be removed such personal property from wherever located to a place of safekeeping for the benefit of the patient. The expense of such removal and safekeeping shall be paid from funds to the patient’s credit or from funds appropriated for the support of the institution. Such property may be sold at any time after one year of safekeeping when it is determined that the patient is incurably ill or it is determined that the patient will be required to remain at the hospital an extended period of time. The sale price shall not be less than 10 percent below the value determined by a qualified appraiser appointed by the hospital advisory board. Where relatives of the kinship mentioned in this act are known they shall be advised of a pending sale of such property and be given the right of first option to purchase.


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

ê1955 Statutes of Nevada, Page 348 (Chapter 219, AB 251)ê

 

of the kinship mentioned in this act are known they shall be advised of a pending sale of such property and be given the right of first option to purchase. Moneys realized from such sales shall be deposited at the hospital as other personal credits of patients are made.

      5.  Small Claims.  When a person under commitment to the hospital has money due or owing to him, the total amount not exceeding $300, the superintendent of the hospital may collect any money so due or owing upon furnishing an affidavit, showing the name of the hospital, the name of the person as a patient and a statement that the total amount known to be due to the patient does not exceed the sum of $300. Such sums shall be delivered to the superintendent and shall be deposited by him in the patients’ personal deposit fund referred to above. The receipt from the superintendent shall constitute sufficient acquittance for any payment of money made pursuant to the provisions of this section and shall fully discharge such person, representative, officer, or corporation from any further liability in reference to the amount of money so paid.

      6.  Accounting on Patients’ Fund.  The superintendent shall annually account, at the end of each fiscal year, to the state treasurer on the status of the personal accounts of each patient, confirmed by a certificate of balance in account with the bank holding such funds on deposit, both as commercial and savings deposits. The superintendent is authorized to place as a savings account in the same bank, at interest, such portion of the account as exceeds $3,000 in commercial deposits. The savings deposits shall be in the name of the patients’ personal account funds. The interest from such savings deposit shall be useable for recreation purposes at the hospital.

      Sec. 5.  Enforcement of Act.  Following the admission of a patient to the hospital the superintendent shall make or cause an investigation to be made to determine the nature and amount of the assets in the patient’s estate and whether he has a duly appointed acting guardian to protect his property interests. Liable administrators and guardians may be obligated to furnish verified statements of the financial standing of the patient’s estate, whenever capacity to pay hospital costs becomes an issue. He shall also make an investigation whether relatives of kindred named in this act are in fact financially able to pay charges for support and care. Reports in connection with such investigations shall be kept on file at the hospital and may be inspected by interested relatives or their agents upon request. The district attorney and welfare department in each county shall assist in the investigation of the estate of a patient or the financial condition of the liable relatives of persons committed from their respective counties and shall report their findings to the superintendent. They shall make diligent inquiry into the ability of the person committed and the relatives previously mentioned to pay the charges and costs for maintenance and care of the committed person. The district attorney in each county in which the order of commitment is made, upon request from the superintendent of the hospital, shall prosecute claims against the estate and against liable relatives as enumerated in this act, of a committed person. An action against relatives or a guardian may be maintained and determined in any county in the state where such persons reside.


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

ê1955 Statutes of Nevada, Page 349 (Chapter 219, AB 251)ê

 

action against relatives or a guardian may be maintained and determined in any county in the state where such persons reside.

 

________

 

 

CHAPTER 220, AB 240

Assembly Bill No. 240–Mr. Ellison

CHAPTER 220

AN ACT to amend an act entitled “An Act to regulate, protect and encourage apiaries, creating a state apiary commission, defining its duties and powers, providing revenue for the support of same, providing penalties for the violation thereof; repealing an act entitled ‘An act to create the office of state inspector of apiaries, to provide for the appointment of state inspector of apiaries, and to define his duties and compensation; to prevent the dissemination of diseases among apiaries, and to provide for a system of inspection of apiaries by the state inspector of apiaries, and the treatment and extermination of diseases therein; making appropriations for the expense of the office of state inspector of apiaries; and providing penalties for the violation thereof, and repealing all other acts or parts of acts in relation thereto,’ approved March 15, 1917; and other matters properly relating thereto,” approved March 22, 1921.

 

[Approved March 24, 1955]

 

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 469, N.C.L. 1929, is hereby repealed.

      Sec. 2.  Section 17 of the above-entitled act, being section 476, N.C.L. 1929, is hereby amended to read as follows:

      Section 17.  It shall be unlawful for any person or persons to have in his or their possession any bees kept in other than movable frame hives. If any such bees are found by an inspector he shall serve written notice in person or by registered mail on the owner or owners, caretaker, or person in charge of the same, ordering them to correct the condition within a specified time of not less than 3 days. If the owner or owners, caretaker or person in charge shall neglect, fail or refuse to correct the condition by providing accessible movable frame hives, within the time specified in the written notice, the bees, hives and combs shall be condemned and destroyed by the inspector, without compensation.

      It shall be unlawful for any person to conceal the fact that any disease exists among his bees or to expose to bees any infected bees, bee products, hives or appliances.

      Neglected or abandoned used hives or appliances containing beeswax, or bee comb, unless kept in an enclosure so constructed as to prevent access by bees, are hereby declared to be public nuisances, and it shall be unlawful to maintain them. Any such neglected or abandoned hives or appliances shall be subject to seizure and destruction by an inspector, without compensation.

      Any and all extracting of honey shall be done in a place to which bees cannot gain access, either during or after such extracting process.


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

ê1955 Statutes of Nevada, Page 350 (Chapter 220, AB 240)ê

 

Any inspector shall prohibit or stop the extraction of honey in any place to which bees have access until such place is made bee tight.

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

 

________

 

 

CHAPTER 221, AB 184

Assembly Bill No. 184–Committee on Roads and Transportation

CHAPTER 221

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 24, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 17 of the above-entitled act, being section 4435.16, 1929 N.C.L. 1941 Supp., as last amended by chapter 120, Statutes of Nevada 1951, at page 156, is hereby amended to read as follows:

      Section 17.  (a) Except as otherwise provided in this section, a nonresident owner of a vehicle of a type subject to registration under this act, owning any vehicle which has been duly registered for the current year in the state, country, or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration number plate or plates issued for such vehicle in the place of residence of such owner, may operate or permit the operation of such vehicle within this state without any registration thereof in this state under the provisions of this act and without the payment of any registration fees to the state; however, nothing in this section shall be construed to permit the use of manufacturers’ or dealers’ license plates issued by any state or country by any nonresident in the operation of any vehicle on the public highways of this state. Nothing in this subparagraph shall be construed to require registration of vehicles of a type subject to registration under this act operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in subparagraph (b) of this section.


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

ê1955 Statutes of Nevada, Page 351 (Chapter 221, AB 184)ê

 

      Upon expiration of such nonresident registration or upon any transfer of the vehicle within the State of Nevada the owner shall immediately apply to register the vehicle in this state and shall pay registration and other fees as herein provided.

      (b) All nonresident owners or operators of vehicles of a type subject to registration under this act operating such vehicles on the public highways of this state as common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property, as the same are now or may hereafter be defined in the laws of this state relating thereto shall be governed by and pay the fees required by the provisions of such laws with respect to the operation of such vehicles in any of such carrier services; provided, all such nonresident owners or operators of such vehicles may operate said vehicles upon the public highways of this state without any registration thereof in this state under the provisions of this act and without the payment of any registration fees to the state upon the following conditions:

      1.  That each vehicle shall be registered or licensed, and have attached thereto the registration or license plates for the then current year, pursuant to the motor vehicle registration laws of the state or country wherein the owner of such motor vehicle resides or maintains his principal place of business, wherein such vehicle is registered for such year and which registration or license plates shall be displayed on such vehicle during all of the time operated in this state.

      2.  That the laws of the state or country of such residence or principal place of business of the owner of such vehicle do not require the registration of the vehicles and payment of fees therefor from residents of this state engaging in like carrier services in the state or country of the residence or principal place of business of the nonresident owner wherein such motor vehicle is registered.

      3.  The vehicle commissioner of the public service commission of Nevada is hereby authorized, empowered, and directed to enter into agreements and formal compacts with appropriate officials of other states for the purpose of establishing rules and regulations governing registration, conduct and operation of motor vehicles coming within the provisions of subparagraph (b) above, including mutual agreements leading to the revocation of reciprocity for persistent violators of laws concerning motor vehicle operation and licensing.

      Sec. 2.  Section 25 of the above-entitled act, being section 4435.24, 1929 N.C.L. 1941 Supp., as last amended by chapter 175, Statutes of Nevada 1947, at page 613, is hereby amended to read as follows:

      Section 25.  There shall be paid to the department for the registration of motor vehicles, trailers, and semitrailers, fees according to the following schedule:

      (a) For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a flat registration fee of $5.50.

      (b) For every motorcycle the sum of $3.50.

      (c) For every truck or trailer having an unladened weight of 3,500 pounds or less, as shown by a public weighmaster’s certificate, a flat registration fee of $5.50; and for every trailer having an unladened weight of 1,000 pounds or less the registration fee shall be a flat fee of $2.50.


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

ê1955 Statutes of Nevada, Page 352 (Chapter 221, AB 184)ê

 

registration fee of $5.50; and for every trailer having an unladened weight of 1,000 pounds or less the registration fee shall be a flat fee of $2.50.

      (d) For every truck, trailer, except trailers designed or equipped for living purposes, truck-tractor and semitrailer 50 cents per hundred pounds, or major fraction thereof, of unladened weight as shown by a public weighmaster’s certificate. At the time of weighing, each vehicle shall have in place each and every accessory and appliance belonging to and used on such vehicle in the transportation of property.

      (e) For every trailer designed for the installation of or equipped with household appliances used therein for living purposes, the registration fee shall be $5.50 in addition to the assessed personal property tax on such trailer.

      The provisions of the “Public Weighmaster Act” of Nevada, approved March 8, 1923, the same being sections 8307 to 8319, inclusive, N.C.L. 1929, are hereby made applicable to this act. All motor vehicles required to be weighed under the provisions of this act shall be weighed by a public weighmaster under such rules and regulations as may be deemed advisable by the vehicle commissioner and the state sealer of weights and measures, and according to the provisions of the public weighmaster act. It shall be the duty of the state sealer of weights and measures from time to time, upon request of the vehicle commissioner, to appoint additional public weighmasters, according to the provisions of the public weighmaster act, as may be necessary to effectuate the purposes of this act. Public weighmasters’ certificates issued in states other than Nevada, when such certificates bear the seal of such weighmaster, may be accepted by the vehicle commissioner as evidence of the weight of the motor vehicle for which a license is applied.

      Sec. 3.  Section 28 of the above-entitled act, being section 4435.27, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:

      Section 28.  (a) Whenever any vehicle shall be operated upon the public highways of this state without there having been paid therefor the registration or transfer fee required by this act, such fee shall be deemed delinquent; but in the case of vehicles purchased at a time when it is impossible to secure registration, registered dealers shall be empowered to affix a temporary permit on a form to be provided by the department, attesting to such fact, which shall protect the purchaser of the vehicle for a period not to exceed 5 days from date of purchase, which date must be legibly affixed to said permit.

      (b) If such registration fee shall not be paid within 30 days after the same becomes delinquent, a penalty of $3 shall be added thereto; and if such transfer fee shall not be paid within 30 days after the same shall become delinquent, a penalty equal to the fee shall be added thereto and collected.

      Sec. 4.  That certain act entitled “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,” being chapter 87, Statutes of Nevada 1955, is hereby repealed.


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

ê1955 Statutes of Nevada, Page 353 (Chapter 221, AB 184)ê

 

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,” being chapter 87, Statutes of Nevada 1955, is hereby repealed.

 

________

 

 

CHAPTER 222, AB 171

Assembly Bill No. 171–Clark County Delegation

CHAPTER 222

AN ACT to amend an act entitled “An Act to provide for the formation, government, operation, organization, combination, dissolution, and alteration of boundaries of sewage, water, and garbage disposal districts in any part of the state, for the construction of sewers, sewage disposal plants, sewage treatment plants, water systems, garbage disposal systems, and other sanitary purposes; the acquisition of property for the foregoing purposes; the issuance and disposal of various types of bonds, the determination of their validity, and making provision for the payment of such bonds and the disposal of their proceeds; to appoint the board of county commissioners of each county as a sanitary board and to appoint the assessor of each county as a sanitary assessor, and to authorize said sanitary board and sanitary assessor to hire or appoint such personnel as they deem necessary to carry out the provisions of this act, and to make and enforce such regulations as are necessary to carry out the purposes of this act, and to promote the public health and safety, and all matters properly related thereto,” approved March 27, 1947.

 

[Approved March 24, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 12 of the above-entitled act, being chapter 138, Statutes of Nevada 1947, at page 465, is hereby amended to read as follows:

      Section 12.  In letting of contracts of any and every kind, character and description whatsoever, and in the purchase of all materials, or for work orders, where the contract in the aggregate exceeds the sum of $1,000, the sanitary board must, before awarding any such contract, cause to be published in some newspaper in general circulation throughout the county where the district is located at least once, ten (10) days before the letting of such contract, inviting sealed proposals for such work, plans, and specifications which must at the time of publication of such notice be on file in the office of the sanitary board subject to public inspection.


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

ê1955 Statutes of Nevada, Page 354 (Chapter 222, AB 171)ê

 

inspection. Such notice shall state generally the work to be done, and shall call for proposals for doing the same, to be sealed and filed with the sanitary board on or before the day and hour named therein. Each bid shall be accompanied by a certified check payable to the order of the county treasurer for a sum not less than five percent (5%) of the amount of the bid, and no bid shall be considered unless accompanied by such check. At the time and place named, such bids shall be publicly opened and read, and the sanitary board shall proceed to canvass the bids and may let such contract to the lowest responsible bidder upon plans and specifications; but no contract shall be let in excess of the cost of said materials or work, or if in the opinion of the sanitary board all bids are unsatisfactory they may reject all of them and readvertise, and in such case all checks shall be returned to the bidders. If such contract be let, then and in such case all checks shall be returned to the bidders, except that of the successful bidder, which shall be retained until a contract shall be entered into for the purchase of such materials or doing such work, and a bond to perform such work furnished with sureties satisfactory to the sanitary board in the full amount of the contract price between the bidder and the sanitary board in accordance with the bid. If said bidder fails to enter into said contract in accordance with said bid and furnish such bond within ten (10) days from the date at which he is notified that he is the successful bidder, the said check and the amount thereof shall be forfeited to the sanitary district.

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

 

________

 

 

CHAPTER 223, SB 46

Senate Bill No. 46–Senators Whitacre, Brown, Seevers and Munk

CHAPTER 223

AN ACT establishing minimum standards for certain private schools and requiring a license for the operation thereof; defining certain terms; providing for the issuance and renewal of licenses and license fees; establishing qualifications for licenses; providing for suspension or revocation of licenses; providing for enforcement and treble damages; and other matters relating thereto.

 

[Approved March 24, 1955]

 

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

do enact as follows:

 

      Section 1.  Definitions.  As used in this act:

      1.  “Person” includes a company, partnership, association or corporation, as well as a natural person.

      2.  “School” means any educational institution or class maintained or conducted for the purpose of offering instruction to five or more students at one and the same time or to 25 or more students during any calendar year, the purpose of which is to educate an individual generally or specially, or to prepare an individual for more advanced study or for an occupation, and shall include all schools, colleges, universities and other institutions engaged in such education, except:


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

ê1955 Statutes of Nevada, Page 355 (Chapter 223, SB 46)ê

 

      (a) Schools maintained by the state or any of its political subdivisions and supported by public funds;

      (b) Schools or school systems for elementary, secondary and higher education operated or conducted by religious organizations; and

      (c) Schools, colleges and universities specifically exempted by section 2 of this act.

      3.  “State educational agency” or “state agency” means the state board of education of broadest jurisdiction over elementary and secondary education in the state; or, if there be no such board, the chief state school officer.

      Sec. 2.  Exemptions.

      1.  In addition to those schools exempt by definition under section 1, the following types of schools are exempted from the provisions of this act:

      (a) Schools maintained or classes conducted by employers for their own employees where no fee or tuition is charged;

      (b) Courses of instruction on religious subjects given under the auspices of a religious organization; and

      (c) Courses of instruction given by any fraternal society or benevolent order to its members or their immediate relatives, which course is not operated for profit.

      (d) Schools which are under state or federal supervision.

      (e) Business colleges qualified and accredited by the National Association and Council of Business Schools.

      (f) Schools of cosmetology duly licensed and registered by the state board of cosmetology.

      (g) Flying schools duly qualified under the Civil Aeronautics Administration.

      (h) Any school duly qualified and certified or able to qualify under Public Law 550.

      (i) Schools which do not purport to be colleges or universities, and which by nature are specialized and acknowledge completion merely by certificate of completion and not by granting of a degree.

      (j) Schools maintained or classes conducted for apprentices by recognized labor unions.

      2.  Any exempt school may choose to apply for a license under this act, and, upon approval and issuance thereof, shall be subject to the provisions of this act.

      Sec. 3.  License Required.  No school subject to the provisions of this act shall be operated in this state unless there is first secured from the state educational agency a license issued in accordance with the provisions of this act and the regulations thereunder promulgated by the state agency under authority of sections 5 and 7 herein. Application for a license shall be filed in the manner prescribed by the state educational agency.

      Sec. 4.  License Fees.

      1.  Application for an initial license hereunder shall be accompanied by payment of a fee of $25.

      2.  Application for renewal of a license issued hereunder shall be accompanied by payment of a fee of $10.


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

ê1955 Statutes of Nevada, Page 356 (Chapter 223, SB 46)ê

 

      3.  All moneys collected hereunder shall be deposited in the general fund.

      4.  No fee paid by any applicant or licensee shall ever be refunded in all or in part.

      Sec. 5.  Qualifications for Licenses.  No license shall be issued unless the state educational agency finds, upon investigation, that the school applying therefor has met the standards set forth by the state agency. Such standards shall include, but need not be restricted to:

      1.  Course offerings;

      2.  Adequate facilities;

      3.  Financial stability;

      4.  Competent personnel; and

      5.  Legitimate operating practices.

      Sec. 6.  Duration and Renewal of Licenses.  Such license shall be valid for 3 years unless suspended or revoked as provided in section 9 of this act, and may be renewed upon application for renewal.

      Sec. 7.  Duties of State Educational Agency.  The state educational agency shall:

      1.  Formulate standards for licensure in accordance with section 5 of this act;

      2.  Provide for adequate investigations of all schools applying for licenses and issue licenses to those applicants meeting standards fixed by the state agency;

      3.  Maintain a list of schools licensed under the provisions of this act, which list shall be available for the information of the public;

      4.  Provide for periodic inspection of all schools licensed under the provisions of this act; and

      5.  Employ such personnel as is necessary to carry out the provisions of this act.

      Sec. 8.  Powers of State Educational Agency.  The state educational agency shall have power to revoke the license of any school subject to the provisions of this act in accordance with the provisions of section 9, in case it finds:

      1.  That the licensee has violated any of the provisions of this act or any of the rules and regulations promulgated thereunder;

      2.  That the licensee has knowingly presented to the state educational agency false or misleading information relating to licensure;

      3.  That the licensee has failed or refused to permit authorized representatives of the state educational agency to inspect the school, or has refused to make available to them at any time upon request full information pertaining to matters within the purview of the state agency under the provisions of this act; or

      4.  That the licensee has perpetrated or committed fraud or deceit in advertising the school or in presenting to prospective students written or oral information relating to the school, to employment opportunities, or to opportunities for enrollment in other institutions upon completion of the instruction offered in said school.

      Sec. 9.  Procedure for Suspension or Revocation of Licenses.  When the state educational agency deems that it has sufficient evidence to warrant the suspension or revocation of any license, written notice shall be served personally or be sent by registered mail to the licensee at its last-known address.


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

ê1955 Statutes of Nevada, Page 357 (Chapter 223, SB 46)ê

 

shall be served personally or be sent by registered mail to the licensee at its last-known address. Such notice shall contain the substance of the reason or reasons why it is proposed to suspend or revoke the license. A licensee receiving such notice may file with the state agency a statement that the situation complained of in the notice has been corrected or a declaration of intention to remedy such situation within a designated time, or may request a hearing to challenge the truth of the reason or reasons for which it is proposed to suspend or revoke its license. If a hearing is requested by the licensee it shall be held by the state agency within 90 days after request therefor.

      In the hearing the state agency may summon and compel the attendance of witnesses and take testimony. The licensee shall be entitled to present witnesses and other evidence in defense of the charges.

      Sec. 10.  Duties of Attorney General.

      1.  In the event that the state educational agency notifies the attorney general that a school subject to the provisions of this act is operating without a valid license, the attorney general shall institute appropriate action against the owners and operators of such school to restrain its operation until such license is obtained.

      2.  In the event that a licensee who has been notified that it is proposed to suspend or revoke its license fails to fulfill a declared intention to remedy the situation complained of within the time designated in such declaration, or is found guilty of the charges in the hearing provided in section 9 of this act, the attorney general shall, upon the request of the state educational agency, institute restraining proceedings by injunction or other appropriate means against such licensee.

      Sec. 11.  Effect Upon Contracts.  Any contract entered into after the effective date of this act by or on behalf of any person owning or operating any school subject to this act which does not have a valid license issued hereunder in force at the time such contract is entered into shall be enforceable in any suit or action brought thereon, except that any student of a school subject to this act, or any other person who is defrauded by a misrepresentation made by an officer, employee or agent of such school or by any advertising or circular issued by or on behalf of such school may recover judgment against such school or person for three times the amount of actual damages which may be assessed by the court or jury.

      Sec. 12.  Funds To Be Appropriated.  Funds to carry out the provisions of this act shall be provided by legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid.

      Sec. 13.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1955 Statutes of Nevada, Page 358ê

 

CHAPTER 224, AB 310

Assembly Bill No. 310–Mr. Mount

CHAPTER 224

AN ACT authorizing the issuance of special license plates for antique motor vehicles; providing for the appointment of an ex officio deputy to administer the issuance of special license plates; specifying procedure for making application for license plates; requiring inspection of antique motor vehicles; stating certain fees and type of license plates to be issued; providing for disposition of fees; and other matters properly relating thereto.

 

[Approved March 24, 1955]

 

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

do enact as follows:

 

      Section 1.  Authority to Issue Special License Plates.  The motor vehicle division of the public service commission of the State of Nevada is hereby authorized to provide for the issuance of special motor vehicle license plates on a yearly basis to persons who have resided in the State of Nevada for a period of 6 months preceding the date of application for the license plates and who own a motor vehicle, 1915 model or prior thereto.

      Sec. 2.  Authority to Appoint Ex Officio Deputy and to Recognize the Horseless Carriage Club of Nevada.  For the purposes of administering the provisions of this act, the motor vehicle division of the public service commission is hereby authorized to recognize the Horseless Carriage Club of Nevada as presently constituted as the official Horseless Carriage Club of Nevada and to designate and appoint one member of the board of directors of the Horseless Carriage Club of Nevada to act as and be an ex officio deputy of the department and to perform the duties and functions prescribed by this act without compensation, per diem expense allowance or travel expenses.

      Sec. 3.  Application for a License.  All applicants for license plates pursuant to the provisions of this act shall:

      1.  Fill out and sign an application for license plates on a form prescribed and furnished by the ex officio deputy for licensing antique motor vehicles.

      2.  Present evidence of his eligibility for license plates by showing, to the satisfaction of the ex officio deputy, residence in this state for 6 months preceding the date of application and ownership of an antique motor vehicle, 1915 model or prior thereto.

      3.  Present a certificate of inspection issued by a committee, or member thereof, appointed by the board of directors of the Horseless Carriage Club of Nevada verifying that the antique motor vehicle is in safe and satisfactory mechanical condition, is in a good condition and state of repair, is well equipped and is covered by a policy of public liability and property damage insurance written by an insurance company qualified to do business in this state with limits of not less than $10,000 for each person nor less than $20,000 for each accident, and not less than $5,000 for property damage liability.

      4.  Exhibit a valid operator’s or chauffeur’s license authorizing the applicant to drive a motor vehicle on the highways of this state.


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

ê1955 Statutes of Nevada, Page 359 (Chapter 224, AB 310)ê

 

      5.  Pay the fee prescribed by the laws of this state for the operation of a passenger car, regardless of weight or number of passenger capacity.

      6.  Pay such other fee as prescribed by the board of directors of the Horseless Carriage Club of Nevada necessary to defray all cost of manufacture, transportation and issuance of the special license plates.

      Sec. 4.  Issuance of License Plates.  The ex officio deputy for licensing antique motor vehicles shall annually on a fiscal year basis issue license plates, approved by the motor vehicle division of the public service commission, for each motor vehicle owned by an applicant who meets the requirements of section 3 of this act, in compliance with the following conditions:

      1.  The license plates shall be numbered and issued consecutively each year beginning with “Horseless Carriage 1.”

      2.  The license plates shall conform, as nearly as possible, to the color and type of license plate issued in this state for regular passenger cars.

      3.  The special license plates issued under the provisions of this act shall be specified, procured, transported and issued solely at the expense and cost of the Horseless Carriage Club of Nevada and without any expense to the State of Nevada.

      Sec. 5.  Disposition of Fees.

      1.  The ex officio deputy for licensing antique motor vehicles shall pay quarterly to the motor vehicle division of the public service commission the prescribed fee for the licensing of passenger cars as provided in section 3, subsection 5, of this act. The fees so received shall be used, disbursed or deposited by the motor vehicle division of the public service commission in the same manner as provided by law for other motor vehicle registration and licensing fees.

      2.  All other fees collected to defray expenses shall be retained by the board of directors of the Horseless Carriage Club of Nevada.

      Sec. 6.  Validity.  Licenses obtained under this act shall be in lieu of the license provided in the motor vehicle act and shall be valid for the fiscal year in which issued.

      Sec. 7.  Effective Date.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1955 Statutes of Nevada, Page 360ê

 

CHAPTER 225, AB 356

Assembly Bill No. 356–Committee on Taxation

CHAPTER 225

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 license to be issued, the fee for such licenses, and persons to pay the same; the manner of collection thereof, and prescribing the duties to be performed by state and county officials in connection therewith; the disposition and apportionment of the funds derived therefrom; and all other matters properly relating thereto; to provide penalties for the violation thereof, and to repeal all acts or parts of acts in conflict herewith,” approved March 27, 1947.

 

[Approved March 25, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 12 of the above-entitled act, being chapter 192, Statutes of Nevada 1947, at page 660, as last amended by chapter 105, Statutes of Nevada 1951, at page 126, is hereby amended to read as follows:

      Section 12.  The Nevada tax commission and its agents are authorized and directed in the selling of any of the cigarette stamps to licensed wholesaler to allow such purchaser a discount of 5 percent for the services rendered by the wholesaler in affixing cigarette revenue stamps to the cigarette packages.

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

 

________

 

 

CHAPTER 226, AB 295

Assembly Bill No. 295–Mr. Murray

CHAPTER 226

AN ACT authorizing the payment to the estate of Pat O’Malley, deceased, of $290.33 for an earned vacation.

 

[Approved March 26, 1955]

 

      Whereas, On January 18, 1955, Pat O’Malley had earned vacation amounting to $290.33, for which he had received no payment; and

      Whereas, On the death of Mr. O’Malley on January 18, 1955, he had not used or been paid for the earned vacation period; now, therefore,

 

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

do enact as follows:

 

      Section 1.  The state controller is directed to draw his warrant in favor of the estate of Pat O’Malley, deceased, in the amount of $290.33, and the state treasurer is directed to pay such warrant from the highway fund.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 361ê

 

CHAPTER 227, AB 491

Assembly Bill No. 491–Committee on Ways and Means

CHAPTER 227

AN ACT making an appropriation for the use of the drivers’ license division of the public service commission of Nevada for the period ending June 30, 1955, to carry out the provisions of the Motor Vehicle Safety-Responsibility Act of 1949.

 

[Approved March 26, 1955]

 

      Whereas, By the provisions of Assembly Bill No. 270 of the 47th session of the legislature, approved by the governor on March 17, 1955, the administration of the Motor Vehicle Safety-Responsibility Act of 1949 was transferred to the driver’s license division of the public service commission of Nevada; and

      Whereas, Additional moneys will be required to pay salaries, retirement contributions and incidental expenses of the drivers’ license division for the period ending June 30, 1955; now, therefore,

 

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

do enact as follows:

 

      Section 1.  For the period from the effective date of this act to July 1, 1955, there is hereby appropriated from the state highway fund, out of any moneys not otherwise appropriated, the sum of $2,965 for the payment of salaries of employees and for payment of operating costs of the drivers’ license division of the public service commission of Nevada in administering the provisions of the Motor Vehicle Safety-Responsibility Act of 1949.

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

 

________

 

 

CHAPTER 228, SB 276

Senate Bill No. 276–Senator Brown

CHAPTER 228

AN ACT enabling corporations and associations organized under the laws of any other state, district or territory of the United States, or foreign government, to make loans in the State of Nevada secured by mortgages, deeds, or deeds of trust on real property situated in this state; providing for legal actions, collections and foreclosures; excluding the operation of certain laws in effect in this state and requiring the compliance with certain other laws, and other matters properly relating thereto.

 

[Approved March 26, 1955]

 

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

do enact as follows:

 

      Section 1.  Any corporation or insurance association organized under the laws of any other state, district or territory of the United States, or foreign government, which does not maintain an office in this state for the transaction of business, may carry on any one or more of the following activities:

      1.  The acquisition of loans, notes or other evidences of indebtedness secured by mortgages, deeds, or deeds of trust on real property situated in this state, by purchase or assignment, or by participation with a domestic lender, pursuant to the commitment agreement or arrangements made prior to or following the origination, creation or execution of such loans, notes or other evidences of indebtedness.


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

ê1955 Statutes of Nevada, Page 362 (Chapter 228, SB 276)ê

 

with a domestic lender, pursuant to the commitment agreement or arrangements made prior to or following the origination, creation or execution of such loans, notes or other evidences of indebtedness.

      2.  The ownership, modification, renewal, extension or transfer of such loans, notes or other evidences of indebtedness, the foreclosure of such mortgages or deeds of trust, or the acceptance of additional obligors thereon.

      3.  The maintaining or defending of any action or suit relative to such loans, notes, mortgages or deeds of trust.

      4.  The maintaining of bank accounts in Nevada banks in connection with the collection or securing of such loans.

      5.  The making, collection or servicing of such loans.

      6.  The acquisition of title to property under foreclosure sale or from owners in lieu of foreclosure, and the management, rental, maintenance, sale or otherwise dealing or disposing of such real property.

      7.  The physical inspection and appraisal of all property in Nevada which is to be given as security for such loans and negotiations for the purchase of such loans.

      Sec. 2.  Any corporation or association carrying on the activities enumerated in section 1 of this act shall, for the purpose of this act, be deemed to have appointed the secretary of state as its agent for all purposes for which corporate resident agents are required under the general corporation laws of this state and shall, on or before June 30 of each year, file a list of officers and directors and shall pay a fee of $50 for filing the list of officers and directors and the fee shall be in lieu of any fees or charges otherwise imposed on corporations under the laws of this state. The filing of such annual list shall not constitute the maintenance of an office for the transaction of business within this state for the purposes of section 1 of this act.

      Sec. 3.  No corporation or association carrying on the activities stated in section 1 of this act shall be required to qualify or comply with any provision of chapter 89, Statutes of Nevada 1907, chapter 108, Statutes of Nevada 1901, or chapter 190, Statutes of Nevada 1933.

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

 

________

 

 

CHAPTER 229, SB 160

Senate Bill No. 160–Senators Whitacre, Brown and Seevers

CHAPTER 229

AN ACT to amend an act entitled “An Act fixing and regulating the compensation, mileage, and expenses of the senators and members of the assembly of the legislature of the State of Nevada,” approved March 22, 1945.

 

[Approved March 26, 1955]

 

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 161, Statutes of Nevada 1945, at page 250, is hereby amended to read as follows:


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

ê1955 Statutes of Nevada, Page 363 (Chapter 229, SB 160)ê

 

      Section 1.  The state senators and members of the assembly of the legislature of the State of Nevada, hereafter elected or appointed, shall receive as compensation fifteen ($15) dollars per day for each day of service; provided, the total amount so paid shall not exceed the sum of nine hundred ($900) dollars at any session.

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

 

________

 

 

CHAPTER 230, SB 9

Senate Bill No. 9–Senator Lovelock

CHAPTER 230

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 26, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 34 of the above-entitled act, being section 3656.33, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:

      Section 34.  Service of Process Upon Unauthorized Insurer; Defense of Action by Unauthorized Insurer; Attorney Fees.

      1.  Declaration of Legislative Intent.  The purpose of this section is to subject certain insurers to the jurisdiction of courts of this state in suits by or on behalf of insureds or beneficiaries under insurance contracts.

      The legislature declares that it is a subject of concern that many residents of this state hold policies of insurance issued or delivered in this state by insurers while not authorized to do business in this state, thus presenting to such residents the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights under such policies. In furtherance of such state interest, the legislature herein provides a method of substituted service of process upon such insurers and declares that in so doing it exercises its power to protect its residents and to define, for the purpose of this act, what constitutes doing business in this state, and also exercises powers and privileges available to the state by virtue of Public Law 15, 79th Congress of the United States, chapter 20, first session, S.


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

ê1955 Statutes of Nevada, Page 364 (Chapter 230, SB 9)ê

 

privileges available to the state by virtue of Public Law 15, 79th Congress of the United States, chapter 20, first session, S. 340, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states.

      2.  Service of Process Upon Unauthorized Insurer.

      (a) Any of the following acts in this state, effected by mail or otherwise, by an unauthorized foreign or alien insurer:

      (1) The issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business therein;

      (2) The solicitation of applications for such contracts, including newspaper or direct mail advertising;

      (3) The collection of premiums, membership fees, assessments or other considerations for such contracts; or

      (4) Any other transaction of insurance business,

is equivalent to and shall constitute an appointment by such insurer of the commissioner and his successor or successors in office, to be its true and lawful attorney, upon whom may be served all lawful process in any action, suit or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such contract of insurance, and any such act shall be signification of its agreement that such service of process is of the same legal force and validity as personal service of process in this state upon such insurer.

      (b) Such service of process shall be made by delivering to and leaving with the commissioner or some person in apparent charge of his office two copies thereof and the payment to him of such fees as may be prescribed by law. The commissioner shall forthwith mail by registered mail one of the copies of such process to the defendant at its last-known principal place of business, and shall keep a record of all process so served upon him. Such service of process is sufficient, provided notice of such service and a copy of the process are sent within 10 days thereafter by registered mail by plaintiff or plaintiff’s attorney to the defendant at its last-known principal place of business, and the defendant’s receipt, or receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff’s attorney showing a compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.

      (c) Service of such process in any such action, suit or proceeding shall, in addition to the manner provided in paragraph (b) of this subsection, be valid if served upon any person within this state who, in this state on behalf of such insurer, is:

      (1) Soliciting insurance; or

      (2) Making, issuing or delivering any contract of insurance; or

      (3) Collecting or receiving any premium, membership fee, assessment or other consideration for insurance,

and a copy of such process is sent within 10 days thereafter by registered mail by the plaintiff or plaintiff’s attorney to the defendant at the last-known principal place of business of the defendant, and the defendant’s receipt, or the receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff’s attorney showing a compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.


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

ê1955 Statutes of Nevada, Page 365 (Chapter 230, SB 9)ê

 

the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff’s attorney showing a compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.

      (d) No plaintiff or complainant shall be entitled to a judgment by default or a judgment with leave to prove damages, or a judgment pro confesso under this subsection until the expiration of 30 days from the date of the filing of the affidavit of compliance.

      (e) Nothing in this subsection contained shall limit or abridge the right to serve any process, notice or demand upon any insurer in any other manner now or hereafter permitted by law.

      3.  Defense of Action by Unauthorized Insurer.

      (a) Before any unauthorized foreign or alien insurer shall file or cause to be filed any pleading in any action, suit or proceeding instituted against it, such unauthorized insurer shall:

      (1) Deposit with the clerk of the court in which such action, suit or proceeding is pending cash or securities, or file with such clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such action; but the court may in its discretion make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to such court that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such action, suit or proceeding; or

      (2) Procure a certificate of authority to transact the business of insurance in this state.

      (b) The court in any action, suit or proceeding, in which service is made in the manner provided in paragraphs (b) or (c) of subsection 2, may, in its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of paragraph (a) of this subsection 3 and to defend such action.

      (c) Nothing in paragraph (a) of this subsection 3 is to be construed to prevent an unauthorized foreign or alien insurer from filing a motion to quash a writ or to set aside service thereof made in the manner provided in paragraphs (b) or (c) of subsection 2 hereof on the ground either:

      (1) That such unauthorized insurer has not done any of the acts enumerated in paragraph (a) of subsection 2; or

      (2) That the person on whom service was made pursuant to paragraph (c) of subsection 2 was not doing any of the acts therein enumerated.

      4.  Attorney Fees.  In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this state to a resident thereof or to a corporation authorized to do business therein, if the insurer has failed for 30 days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that such refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include such fee in any judgment that may be rendered in such action.


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

ê1955 Statutes of Nevada, Page 366 (Chapter 230, SB 9)ê

 

such refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include such fee in any judgment that may be rendered in such action. Such fee shall not exceed 12.5 percent of the amount which the court or jury finds the plaintiff is entitled to recover against the insurer, but in no event shall such fee be less than $25. Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.

      5.  Exceptions.  The provisions of this section shall not apply to any action, suit or proceeding against any unauthorized insurer arising out of any contract of:

      (a) Reinsurance effectuated in accordance with the laws of Nevada;

      (b) Insurance effectuated in accordance with section 33 of this act;

      (c) Aircraft insurance;

      (d) Insurance on property or operations of railroads engaged in interstate commerce;

      (e) Insurance against legal liability arising out of the ownership, operation or maintenance of any property having a permanent situs outside of this state; or

      (f) Insurance against loss of or damage to any property having a permanent situs outside of this state, where such contract contains a provision designating the commissioner of insurance of the State of Nevada to be its true and lawful attorney upon whom may be served all lawful process in any action, suit or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such contract.

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

 

________

 

 

CHAPTER 231, SB 22

Senate Bill No. 22–Senator Lovelock

CHAPTER 231

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 26, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 147 of the above-entitled act, being section 3656.147, 1929 N.C.L. 1941 Supp., as last amended by chapter 311, Statutes of Nevada 1951, at page 504, is hereby amended to read as follows:

 


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

ê1955 Statutes of Nevada, Page 367 (Chapter 231, SB 22)ê

 

Statutes of Nevada 1951, at page 504, is hereby amended to read as follows:

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

      (a) That the applicant has been a bona fide resident of the State of Nevada for three (3) months immediately prior to the filing of the application; provided, that any nonresident applicant who is otherwise qualified may obtain a nonresident agent’s license upon payment of the fee specified in section 60 of this act.

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

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

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

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

      (1) An applicant for a renewal license, or any individual who is now licensed as an insurance agent, except in a case where the commissioner has good and sufficient cause to believe that the applicant for renewal has demonstrated incompetency in the conduct of his business as an insurance agent to the detriment of the insurance-buying public;

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

      (3) In the discretion of the commissioner, an applicant whose license to do business or act as a life insurance agent in this state has expired or was suspended without complaint less than one (1) year prior to the date of application.

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


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

ê1955 Statutes of Nevada, Page 368 (Chapter 231, SB 22)ê

 

at least once in each month at the principal office of the commissioner.

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

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

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

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

      (k) A person who secures and forwards information for the purposes of group insurance coverages or for enrolling individuals under group insurance coverages, or issuing certificates thereunder, where no commission is paid for such services, is not an agent and is not required to be licensed under the provisions of this act.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 369ê

 

CHAPTER 232, SB 10

Senate Bill No. 10–Senator Lovelock

CHAPTER 232

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 26, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 59 of the above-entitled act, being section 3656.58, 1929 N.C.L. 1941 Supp., as last amended by chapter 314, Statutes of Nevada 1951, at page 510, is hereby amended to read as follows:

      Section 59.  Insurance Companies to Pay State Tax.  Every insurance company or association of whatever description, except fraternal or labor insurance companies, or societies operating through the means of a lodge system, or systems, insuring only their own members and their families, including insurance on descendants of members, doing an insurance business in this state, shall annually pay to the commissioner of insurance of the State of Nevada, a tax of two (2%) percent upon the total premium income, including membership fees or policy writing fees, from all classes of business covering property or risks located in this state during the next preceding calendar year, less return premiums and premiums received for reinsurance on such property or risks; provided, that the amounts of annual licenses paid by such companies or associations upon each class of business licensed annually shall be deducted from such tax on premiums if such tax exceeds in amount the licenses so paid.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 370ê

 

CHAPTER 233, SB 20

Senate Bill No. 20–Senator Lovelock

CHAPTER 233

AN ACT to amend an act entitled “An Act to regulate the business of title insurance in the State of Nevada and matters relating thereto,” approved March 11, 1925.

 

[Approved March 26, 1955]

 

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, added by chapter 282, Statutes of Nevada 1951, at page 429, is hereby amended to read as follows:

      Section 13.  Every title insurance company under the provisions of this act, doing business in this state, shall annually file with the insurance commissioner of the State of Nevada its schedules of prices for title risk insurance, and shall annually pay to the insurance commissioner of the State of Nevada, a tax of two percent (2%) upon the total title risk insurance premium income of all classes of business covering property or risks located in this state during the next preceding calendar year. The tax shall be paid before the insurance commissioner shall issue the company’s renewal license. The tax shall be paid on or before the first day of March of each year; provided, that the annual licenses paid by such title companies shall be deducted from such tax on premiums if such tax exceeds in amount the licenses so paid. Such title insurance risk rates shall not include charges for services performed by such title insurance company preliminary to the issuance of any title insurance policy, such as are in the ordinary course of its business performed for and charged to such of its clients as do not obtain from such company title insurance on the property involved in such service.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 371ê

 

CHAPTER 234, SB 23

Senate Bill No. 23–Senator Lovelock

CHAPTER 234

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 26, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 33 of the above-entitled act, being section 3656.32, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:

      Section 33.  Representing Unauthorized Company Prohibited; Exceptions.

      1.  Unauthorized Representation.  No person, firm or corporation in Nevada shall, in any manner, represent any company not authorized to do business in this state in the solicitation or writing of insurance in this state except as hereinafter provided. This section shall not apply to an adjuster or attorney at law representing such unauthorized company in his professional capacity.

      2.  Licensing: Surplus Line Broker.  The commissioner, upon the annual payment of a license fee of $10, and the furnishing of a bond as hereinafter provided, may license as a surplus line broker any resident agent or broker in this state, permitting the surplus line broker to place or effect insurance upon risks located in this state with insurance companies not licensed to do business in this state. No such surplus line broker shall place, procure or effect insurance upon any risk located in this state in a company not licensed to do business in this state until a license has first been procured from the commissioner, as provided in this section, and a bond furnished to the State of Nevada in the penal sum of $2,500, with authorized corporate sureties approved by the commissioner, conditioned that he will conduct such business in accordance with the provisions of this section, and will pay to the state treasurer, through the office of the commissioner, the taxes provided by this section.

      3.  Records of Surplus Line Brokers.  Every surplus line broker must keep a true and complete record of the business transacted by him, showing:

      (a) The exact amount of such insurance.


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

ê1955 Statutes of Nevada, Page 372 (Chapter 234, SB 23)ê

 

      (b) The gross premiums charged therefor.

      (c) The return premium paid thereon.

      (d) The rate of premium charged for such insurance upon the different items of the property.

      (e) Effective date of the contract and the term thereof.

      (f) The name and address of the insurer.

      (g) The name and address of the insured.

      (h) A brief general description of the property insured and where located.

      (i) Such other facts and information as the commissioner may direct and require.

      The records shall at all times be open and subject to the inspection of the commissioner or his authorized representative.

      4.  Registration and Date Delivered Stamped on Policy.  Every policy procured and delivered under the provisions of this section shall have stamped upon it and be initialed by the surplus line broker clearing the same in this state, the following: “This policy is registered and delivered at …………………, Nevada, this ………… day of …………, 19………, under the provisions of section 33 of the Nevada Insurance Act.”

      5.  Surplus Line Broker’s Annual Statement.  Every surplus line broker shall keep a separate account of the business done under his “surplus line” license. On or before February 15 in each year he shall:

      (a) File with the commissioner a statement for the calendar year preceding, giving the name of the insured to whom such policy or indemnity contract granting such unauthorized insurance has been issued, the name and home office of each company issuing any such policy or contract, the amount of such insurance, the rates charged therefor, the gross premiums charged therein or therefor, the date and term of the policy and the amount of the premium returned on each policy canceled or not taken, with such other information and upon such form as required by the commissioner.

      (b) Pay the commissioner an amount equal to the taxes imposed by law on the premiums of like authorized insurance companies.

      If a “surplus line” policy covers risks or exposures only partially in this state, the tax so payable shall be computed upon the proportion of the premium which is properly allocable to the risks or exposures located in this state.

      6.  Affidavit.  Before any insurance shall be procured or effected, under or by virtue of the license, there shall be executed by the surplus line broker and by the party or his authorized agent desiring insurance, an affidavit which shall be filed with the commissioner within 30 days after the procuring of such insurance. The affidavit shall set forth that the party desiring insurance is, after diligent effort, unable to procure the insurance from a majority of the companies authorized to transact that particular class of insurance business and that it is not so placed for the purpose of procuring it at a premium rate lower than would be accepted by any authorized companies. Difference in rates alone will not justify placing insurance with an unauthorized company, when there is an authorized company able and willing to carry the risk. Difference in the mere form of policies bearing directly upon the cost of insurance of essentially the same kind, will not justify the placing of the insurance with an unauthorized company.


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

ê1955 Statutes of Nevada, Page 373 (Chapter 234, SB 23)ê

 

upon the cost of insurance of essentially the same kind, will not justify the placing of the insurance with an unauthorized company.

      7.  Deemed to be Unlicensed Company.  Every company effecting insurance under the provisions of this section shall be deemed and held to be doing business in this state as an unlicensed company, and may be sued upon any cause of action, arising under any policy of insurance so issued and delivered by it, in the district court of the county where the surplus line broker who registered or delivered the policy resides, or transacts business, by the service of summons and complaint made upon the surplus line broker for such company. Any surplus line broker, being served with summons and complaint, in any such cause, shall forthwith mail the summons and complaint, or a true and correct copy thereof, by registered letter with proper postage affixed, properly addressed to the company sued, and such company shall have 40 days from the date of the service of the summons and complaint upon the surplus line broker in which to plead, answer or defend any such cause. Upon service of summons and complaint being had upon the surplus line broker for such company, the court in which such action is begun shall be deemed to have duly acquired jurisdiction in personam of the defendant company so served.

      8.  Failure to File Statement, Pay Tax: Penalties.  Every surplus line broker who fails or refuses to make and file the annual statement, or fails to pay the taxes required thereon, prior to April 1 after such tax is due, shall be liable for a fine of $25 for each day of delinquency, beginning with April 1, and the tax may be collected by distraint, or such tax and such fine may be recovered by an action to be instituted by the commissioner, in the name of the state, the attorney general representing him, in any court of competent jurisdiction, and the fine, when so collected, shall be paid to the state treasurer, and placed to the credit of the general fund. If any surplus line broker shall fail to make and file the annual statement and pay the taxes, or shall refuse to allow the commissioner to inspect and examine his records of the business transacted by him, pursuant to this section, or keep such records in a manner as required by the commissioner, or shall refuse or neglect to notify immediately the insurance company for whom he has placed, registered or delivered a policy, of the commencement of any action or proceeding in any court in this state against such company, the license of the surplus line broker shall be immediately revoked by the commissioner, and no license shall be issued to the surplus line broker within 1 year from the date of such revocation, nor until all taxes and fines are paid and the commissioner shall be satisfied that full compliance with the provisions of this section will be had.

      9.  Surplus Line Brokers May Cooperate.  A surplus line broker duly licensed as provided in this section may accept business from any duly licensed resident agent or broker and may compensate him therefor, provided such insurance is written in conformity with the provisions of the Nevada insurance act.

      10.  Commissioner May Rule.  The commissioner may make and publish reasonable rules and regulations, consistent with this act, in respect to transactions governed thereby and the basis or bases for his determination thereunder.


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

ê1955 Statutes of Nevada, Page 374 (Chapter 234, SB 23)ê

 

respect to transactions governed thereby and the basis or bases for his determination thereunder.

      11.  Solvent Company Required.  Every surplus line broker transacting business under the provisions of this section shall ascertain the financial condition of each company before he procures a policy of insurance from, or places any insurance with, such company. Any surplus line broker who shall knowingly place insurance with, or procure insurance from, any insurance company whose unimpaired capital and surplus assets, after providing a reinsurance reserve on the prorata basis, are less than $200,000, or from any insurance company, other than a stock company, whose cash assets are less than $150,000, of which amount not less than $50,000, must be net surplus, after providing for a reinsurance reserve on the prorata basis, shall be fined in any sum not less than $25 nor more than $500, and his license shall be immediately revoked by the commissioner, and no license shall be issued to the surplus line broker within 1 year from the date of revocation for such cause.

      12.  Exemption from Surplus Line Provisions.  The provisions of this section relating to surplus line coverage shall not apply to reinsurance or to the following:

      (a) Ocean marine and foreign trade insurance; or

      (b) Insurance on subjects located, resident or to be performed wholly outside of this state, or on vehicles or aircraft owned and principally garaged outside this state; or

      (c) Insurance on property and operations of railroads engaged in interstate commerce; or

      (d) Insurance on aircraft or cargo of such aircraft, or against liability, other than employer’s liability, arising out of the ownership, maintenance, or use of such aircraft.

      Sec. 2.  Section 146 of the above-entitled act, being section 3656.146, 1929 N.C.L. 1941 Supp., as last amended by chapter 310, Statutes of Nevada 1951, at page 500, is hereby repealed.

      Sec. 3.  This act shall become effective on July 1, 1955.

 

________

 

 

CHAPTER 235, SB 64

Senate Bill No. 64–Senator Whitacre

CHAPTER 235

AN ACT to amend an act entitled “An Act authorizing owners of land to lay out and plat such land into lots, streets, alleys and public places, and providing for the approval and filing of maps or plats thereof,” approved March 13, 1905.

 

[Approved March 26, 1955]

 

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 1344, N.C.L. 1929, as last amended by chapter 103, Statutes of Nevada 1923, at page 176, is hereby amended to read as follows:


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

ê1955 Statutes of Nevada, Page 375 (Chapter 235, SB 64)ê

 

      Section 3.  Such map or plat shall be certified by the surveyor making same, which certificate shall be substantially as follows: “I, ……………………….. (surveyor’s name), do hereby certify that this plat is a true and accurate map of the land surveyed by me and laid out into blocks, lots, streets, alleys, and public places at the instance of ……………….. (give name of owner or trustee); that the location of said blocks, lots, streets, alleys, and public places have been definitely established and perpetuated in strict accordance with the law and as shown hereon; that the blocks, lots and public places shown hereon are situate wholly within ………………….. (give description by metes and bounds or by legal subdivision); that the survey was completed on the …………. day of …………… (give date)”; and such map or plat shall be acknowledged by such owner or owners, or trustee, before some officer authorized by law to take the acknowledgment of conveyances of real estate, and, if the land is situated in any city or town, or outside any city or town but within 1 mile of the limits of the same, shall be approved by the legislative authority of the city or town in which such land is situated, and, in the absence of such legislative authority, by the legislative authority of the county in which the city or town is situated; and in the event the land is situated more than 1 mile from the limits of any city or town, shall be approved by the board of county commissioners of the county in which the land is situated, and when so acknowledged, certified and approved, the original and one copy of the map or plat shall be filed in the office of the county recorder of the county in which said lands so platted and laid out are situated and one copy of the map or plat shall be filed, without charge, in the office of the county assessor of the county where the lands are situated. No city or town or county legislative authority shall approve or accept for filing any map or plat under this act that does not conform to the requirements of this act.

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

 

________

 

 

CHAPTER 236, SB 148

Senate Bill No. 148–Committee on Banks, Banking and Corporations

CHAPTER 236

AN ACT to amend an act entitled “An Act relating to bonds issued by counties, cities, towns, school districts, and other municipal corporations, and repealing all acts and parts of acts in conflict therewith,” approved March 23, 1927.

 

[Approved March 26, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 6 1/2 of the above-entitled act, being sections 6085 to 6092, inclusive, N.C.L. 1929, as added by chapter 178, Statutes of Nevada 1933, at page 251, is hereby amended to read as follows:

      Section 6 1/2.  Notwithstanding anything in this act to the contrary, the authorities of any municipal corporation mentioned herein may, if they deem it to the best interests of the municipal corporation, first offer the bonds, which they desire to issue, to the public, and in the event the municipal authorities determine to do this they shall issue the bonds and fix the rate of interest thereon, such rate not to exceed the maximum rate allowed by law, and shall fix the denomination of the bonds at $100, $500, or $1,000, to be offered for sale at not less than par and accrued interest by the treasurer or clerk of the municipal corporation, and in such amounts or installments as may be necessary to meet the requirements of the municipal corporation; but whenever the State of Nevada shall be the successful bidder on any such issues offered for sale, the issuing authorities shall have the bonds printed in any denomination desired and indicated by the State of Nevada.


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

ê1955 Statutes of Nevada, Page 376 (Chapter 236, SB 148)ê

 

if they deem it to the best interests of the municipal corporation, first offer the bonds, which they desire to issue, to the public, and in the event the municipal authorities determine to do this they shall issue the bonds and fix the rate of interest thereon, such rate not to exceed the maximum rate allowed by law, and shall fix the denomination of the bonds at $100, $500, or $1,000, to be offered for sale at not less than par and accrued interest by the treasurer or clerk of the municipal corporation, and in such amounts or installments as may be necessary to meet the requirements of the municipal corporation; but whenever the State of Nevada shall be the successful bidder on any such issues offered for sale, the issuing authorities shall have the bonds printed in any denomination desired and indicated by the State of Nevada.

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

 

________

 

 

CHAPTER 237, SB 224

Senate Bill No. 224–Committee on State Institutions

CHAPTER 237

AN ACT authorizing and directing the superintendent of the Nevada state children’s home to convey to the board of highway directors, without consideration, certain real property owned by the State of Nevada; and other matters properly relating thereto.

 

[Approved March 26, 1955]

 

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

do enact as follows:

 

      Section 1.  The superintendent of the Nevada state children’s home is hereby authorized, empowered and directed to convey to the board of highway directors, in fee simple, without consideration therefor, that property situated in the county of Ormsby and more fully described as follows:

      Parcel number 1.  A portion of the NW 1/4 of the NW 1/4 of section 29, and the W 1/2 of section 20, T. 15 N., R. 20 E., M.D.B.&M., in Ormsby County, Nevada, and being a strip or parcel of land of varying width which is more fully described by metes and bounds as follows, to wit:

      Beginning at a point on the south line of NW 1/4 of the NW 1/4 of the above-described section 29, which point is 200 feet left of and at right angles to the centerline of state highway route 3 at highway engineer’s station “A” 87+18.94 P.O.T., and is further described as bearing N. 30° 22ʹ 54ʺ W., a distance of 46.10.40 feet from the south quarter-section corner of said section 29; thence N. 7° 48ʹ 00ʺ E., a distance of 3067.56 feet to a point; thence from a tangent which bears the last-described course curving to the left with a radius of 4800 feet through an angle of 7° 20ʹ 19ʺ, an arc distance of 614.80 feet to a point; thence N. 0° 27′ 41ʺ E., a distance of 966.52 feet to a point on the southerly boundary of the property acquired by the U.S. Forest Service by deed dated June 21, 1941, and recorded at page 579 of book 46 of deeds, records of Ormsby County, Nevada; thence east, along said southerly boundary a distance of 161.39 feet to the southeast corner of said forest service property; thence N.


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

ê1955 Statutes of Nevada, Page 377 (Chapter 237, SB 224)ê

 

June 21, 1941, and recorded at page 579 of book 46 of deeds, records of Ormsby County, Nevada; thence east, along said southerly boundary a distance of 161.39 feet to the southeast corner of said forest service property; thence N. 0° 27ʹ 41ʺ E., a distance of 659.15 feet to the northeast corner of said forest service property; thence east, a distance of 41.25 feet to a point on the centerline of the above-mentioned highway; thence N. 0° 27ʹ 41ʺ E., along said centerline, a distance of 945.47 feet to a point; thence N. 0° 05ʹ 57ʺ W., continuing along said centerline, a distance of 370.25 feet to a point on the north line of the NW 1/4 of the NW 1/4 of the above-mentioned section 20; thence S. 89° 51ʹ 00ʺ E., along said north line, a distance of 75.00 feet to a point; thence S. 0° 05′ 57ʺ E., a distance of 370.29 feet to a point; thence S. 0° 27ʹ 41ʺ W., a distance of 2270.02 feet to an intersection with the westerly boundary of the abandoned Virginia & Truckee Railway right of way; thence S. 8° 49ʹ 20ʺ W., along said westerly boundary, a distance of 213.54 feet to a point; thence from a tangent which bears the last described course curving to the left along said westerly boundary with a radius of 990.37 feet through an angle of 23° 04ʹ 30ʺ, an arc distance of 398.85 feet to a point; thence from a tangent which bears S. 14° 15ʹ 10ʺ E., curving to the right with a radius of 5075 feet through an angle of 3° 54ʹ 27ʺ, an arc distance of 346.11 feet to a point; thence S. 7° 48′ 00ʺ W., a distance of 353.63 feet to a point on the north line of the SW 1/4 of the SW 1/4 of the above-mentioned section 20; thence east along said north line a distance of 75.70 feet to a point; thence S. 7° 48ʹ 00ʺ W., distance of 1338.14 feet to a point on the north line of the NW 1/4 of the NW 1/4 of the above-mentioned section 29; thence west, along said north line a distance of 50.47 feet to a point; thence S. 7° 48ʹ 00ʺ W., a distance of 1338.14 feet to a point on the above-mentioned south line of the NW 1/4 of the NW 1/4 of section 29; thence west, along said south line a distance of 302.80 feet to the point of beginning; containing an area of 36.066 acres, more or less.

      Parcel Number 2.  A portion of the NW 1/4 of the SW 1/4 of section 20, T. 15 N., R. 20 E., M.D.B.&M., in Ormsby County, Nevada, and being a piece or parcel of land which is more fully described by metes and bounds as follows, to wit:

      Beginning at a point on the south line of the above-mentioned NW 1/4 of the SW 1/4 of section 20, which point is 200 feet left of, measured at right angles to, the centerline of state highway route 3 at highway engineer’s station “A” 113+95.22 P.O.T., and is further described as bearing S. 27° 26ʹ 44ʺ E., a distance of 1473.64 feet from the west quarter-section corner of the aforesaid section 20; thence west, a distance of 73.46 feet to the southeast corner of the parcel of land first described in that certain deed recorded at pages 374 and 375 of book 38 of deeds, records of Ormsby County, Nevada; thence N. 15° 00ʹ 00ʺ E., a distance of 321.42 feet to the northeast corner of said parcel of land; thence east, a distance of 32.80 feet to a point which is 200 feet westerly of, measured at right angles to, the above-mentioned highway centerline; thence S. 7° 48ʹ 00ʺ W., a distance of 313.37 feet to the point of beginning; containing an area of 0.379 acre, more or less.


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

ê1955 Statutes of Nevada, Page 378 (Chapter 237, SB 224)ê

 

313.37 feet to the point of beginning; containing an area of 0.379 acre, more or less.

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

 

________

 

 

CHAPTER 238, SB 134

Senate Bill No. 134–Senators Black and Brown

CHAPTER 238

AN ACT to amend an act entitled “An Act to create a state contractors’ board; defining the powers and duties of said board; defining contractors and providing for the licensing of contractors; fixing the fees for such licenses; providing the method of suspension and cancelation of such licenses; prescribing a penalty for the violation of this act and other matters properly relating thereto,” approved March 31, 1941.

 

[Approved March 26, 1955]

 

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

do enact as follows:

 

      Section 1.  Section 6 of article I of the above-entitled act, being section 1474.06, 1929 N.C.L. 1941 Supp., as amended by chapter 60, Statutes of Nevada 1943, at page 83, is hereby amended to read as follows:

      Section 6.  Any member or the secretary of the board may take testimony and proofs concerning all matters within the jurisdiction of the board. The board, or any member thereof, or the secretary of the board, shall have power to administer oaths, certify to all official acts, and to issue subpenas for attendance of witnesses and the production of books and papers. In any hearing in any part of the state the process issued by the board shall extend to all parts of the state and may be served by any persons authorized to serve process of courts of record. The person serving any such process shall receive such compensation as may be allowed by the board, not to exceed the fees prescribed by law for similar service, and such fees shall be paid in the same manner as provided herein for the payment of the fees of witnesses. Each witness who shall appear by order of the board shall receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request such witness is subpenaed. When any witness who has not been required to attend at the request of any party shall be subpenaed by the board, his fees and mileage shall be paid from the funds of the board in the same manner as other expenses of said board are paid.

      The district court in and for the county in which any hearing may be held by the board shall have the power to compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the board. In case of the refusal of any witness to attend or testify or produce any papers required by such subpena the board may report to the district court in and for the county in which the hearing is pending by petition, setting forth that due notice has been given of the time and place of attendance of said witness or the production of said books or papers, and that the witness has been subpenaed in the manner prescribed in this act, and that the witness has failed and refused to attend or produce the papers required by subpena before the board in the cause or proceeding named in the subpena, or has refused to answer questions propounded to him in the course of such hearing, and ask an order of said court compelling the witness to attend and testify or produce said books or papers before the board.


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

ê1955 Statutes of Nevada, Page 379 (Chapter 238, SB 134)ê

 

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

      The board may in any hearing before it cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the district courts of this state, and to that end may compel the attendance of witnesses and the production of books and papers.

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

      Sec. 2.  Section 2 of article II of the above-entitled act, being section 1474.10, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:

      Section 2.  The term contractor for the purpose of this act is synonymous with the tern “builder” and, within the meaning of this act, a contractor is any person, except a licensed architect or a registered professional engineer, acting solely in his professional capacity, who in any capacity other than as the employee of another with wages as the sole compensation, undertakes to, or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. Evidence of the securing of any permit from a governmental agency or the employment of any person on a construction project shall be accepted by the board or any court of this state as prima facie evidence that the person securing such permit or employing any person on a construction project is acting in the capacity of a contractor under this act.


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

ê1955 Statutes of Nevada, Page 380 (Chapter 238, SB 134)ê

 

      Sec. 3.  Section 1 of article IV of the above-entitled act, being section 1474.22, 1929 N.C.L. 1941 Supp., as last amended by chapter 309, Statutes of Nevada 1953, at page 521, is hereby amended to read as follows:

      Section 1.  Under reasonable rules and regulations adopted by the board, the board may investigate, classify, and qualify applicants for contractors’ licenses by written or oral examination, or both, and is authorized to issue contractors’ licenses to qualified applicants. The examinations may, in the discretion of the board, be given in specific classifications only.

      Sec. 4.  Section 4 of article IV of the above-entitled act, being section 1474.25, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:

      Section 4.  The board shall have power to either suspend or revoke licenses already issued and to refuse renewals of licenses when the applicant or license holder has been guilty of acts of conduct, harmful to either the safety or protection of the public, or who has been guilty of dishonesty, fraud and deceit whereby injury has been sustained by another, or who cannot establish financial responsibility at the time of renewal, or who has failed to comply with and complete a contract, or who has been guilty of improper diversion of funds, misuse or misappropriation of funds, willful delay in completion of construction and the like.

      Sec. 5.  Section 5 of article IV of the above-entitled act, being section 1474.26, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:

      Section 5.  In any case, when the board refuses to issue, or renew, a license or suspends or revokes a license, the applicant or accused shall have the opportunity extended to him of having a hearing before the board, at which time he may be represented by counsel. The testimony taken pursuant to section 6, article I, shall be considered a part of the record of the hearing before the board. The hearing shall be public if request is made therefor. The applicant or accused shall also have full right of resort and appeal to the courts, but the action taken by the board shall in the courts be deemed prima facie lawful and regular.

      Sec. 6.  Section 2 of article VII of the above-entitled act, being section 1474.32, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:

      Section 2.  Any violation of this act shall constitute a misdemeanor and any fine levied for such violation shall not be less than $50.

      Sec. 7.  The above-entitled act, being chapter 186, Statutes of Nevada 1941, at page 442, also designated as sections 1474.01 to 1474.35, inclusive, 1929 N.C.L. 1941 Supp., is hereby amended by adding thereto a new section to be designated as section 5 of article VIII, which shall immediately follow section 4 of article VIII and shall read as follows:

      Section 5.  The provisions of this act shall not be construed to prevent the governing body of any county or incorporated city requiring an additional contractor’s license within such political subdivision issued subject to the applicant meeting such additional standards as are reasonable and necessary for the protection of the public in said political subdivision.


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

ê1955 Statutes of Nevada, Page 381 (Chapter 238, SB 134)ê

 

reasonable and necessary for the protection of the public in said political subdivision.

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

 

________

 

 

CHAPTER 239, SB 135

Senate Bill No. 135–Senators Whitacre, Brown, Seevers and Munk

CHAPTER 239

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.

 

[Approved March 26, 1955]

 

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 6942, N.C.L. 1929, as amended by chapter 270, Statutes of Nevada 1953, at page 376, is hereby amended to read as follows:

      Section 1.  When any district judge, state officer, commissioner, or representative of the state, or other state employee of any office, department, board, commission, bureau, agency, or institution operating by authority of law, and supported in whole or in part by any public funds, whether said public funds are funds received from the federal government of the United States or any branch or agency thereof, or from private or any other sources, shall be entitled to receive his necessary traveling expenses in the transaction of public business outside the state, such person shall be paid a per diem allowance not exceeding $15 for any one calendar day and for any period of less than a full calendar day such person shall receive a subsistence allowance of $2.50 for each full six-hour period such person is on travel status, and in addition shall receive a lodging allowance of $5 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 that 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 7 1/2 cents per mile so traveled.

      Before any district judge, state officer, commissioner, representative or other employee of the state shall travel on official business outside the state, he shall make written request for and receive permission for such travel as hereinafter provided. Requests shall be submitted on forms approved by the state board of examiners, which forms shall contain such information as may be required by the board.


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

ê1955 Statutes of Nevada, Page 382 (Chapter 239, SB 135)ê

 

forms approved by the state board of examiners, which forms shall contain such information as may be required by the board. Requests shall be submitted to the director of the budget at least ten working days prior to the beginning of travel and no travel shall be authorized except after having first been approved by the director of the budget. If the director of the budget disapproves such request for permission to travel, the applicant therefor may appeal the decision to the state board of examiners, whose determination shall be final. In emergencies, the director of the budget, upon good cause shown by the applicant, may consider requests for travel outside the state submitted to him less than ten working days prior to the beginning of travel.

      Sec. 2.  Section 2 of the above-entitled act, being section 6943, N.C.L. 1929, as amended by chapter 68, Statutes of Nevada 1951, at page 72, 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 of any office, department, board, commission, bureau, agency, or institution operating by authority of law, and supported in whole or in part by any public funds, whether said public funds are funds received from the federal government of the United States or any branch or agency thereof, or from private or any other sources, 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 not exceeding $10 for any one calendar day and for any period of less than a full calendar day such person shall receive a subsistence allowance of $1.50 for each full six-hour period such person is on travel status, and in addition shall receive a lodging allowance of $4 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.

 

________

 

 


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

ê1955 Statutes of Nevada, Page 383ê

 

CHAPTER 240, SB 225

Senate Bill No. 225–Committee on State Institutions

CHAPTER 240

AN ACT authorizing and directing the superintendent of the Nevada state children’s home, acting for and in behalf of the State of Nevada, to sell certain lands owned by the State of Nevada in Ormsby County; providing for a minimum sales price and the disposition thereof; and other matters properly relating thereto.

 

[Approved March 26, 1955]

 

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

do enact as follows:

 

      Section 1.  The superintendent of the Nevada state children’s home, acting for and in behalf of the State of Nevada, is hereby authorized and empowered to sell all or any part of that certain real property situate in the county of Ormsby, State of Nevada, and more particularly described as follows, to wit:

      Parcel No. 1.  All that portion of the northwest 1/4 of the northwest 1/4 of section 29, township 15 north, range 20 east, M.D.B. & M., lying westerly of a line 200 feet left or westerly of, measured at right angles, and parallel with the centerline of Nevada state highway route 3 in Ormsby County, Nevada, containing an area of 12.39 acres, more or less; and

      Parcel No. 2.  All that portion of the northwest 1/4 of the northwest 1/4 of section 29, township 15 north, range 20 east, M.D.B. & M., lying easterly of a line 100 feet right or easterly of, measured at right angles, and parallel with the centerline of Nevada state highway route 3 in Ormsby County, Nevada, containing an area of 18.68 acres, more or less; and

      Parcel No. 3.  All that portion of the southwest 1/4 of the southwest 1/4 of section 20, township 15 north, range 20 east, M.D.B. & M., lying westerly of a line 200 feet left or westerly of, measured at right angles, and parallel with the centerline of Nevada state highway route 3 in Ormsby County, Nevada; excepting, however, that certain parcel of land containing 2.07 acres, the transfer of which was authorized by chapter 310, Statutes of Nevada 1953; the parcel of land herein authorized to be conveyed containing an area of 15.84 acres, more or less; for not less than $100 per acre at public sale, with reasonable notice thereof given by the superintendent of the Nevada state children’s home.

      Sec. 2.  All moneys received from the sale of the above-described property shall be deposited by the superintendent of the Nevada state children’s home with the state treasurer to be placed in the general fund.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 384ê

 

CHAPTER 241, SB 5

Senate Bill No. 5–Senator Lovelock

CHAPTER 241

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 26, 1955]

 

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

do enact as follows:

 

      Section 1.  The above-entitled act, being chapter 189, Statutes of Nevada 1941, at page 451, also designated as sections 3656-3656.166, 1929 N.C.L. 1941 Supp., is hereby amended by adding thereto a new section to be designated as section 80.1, which shall immediately follow section 80 and shall read as follows:

      Section 80.1.  Group Life Insurance Definition.

      1.  No policy of group life insurance shall be delivered in this state unless it conforms to one of the following descriptions:

      (a) A policy issued to an employer, or to the trustees of a fund established by an employer, which employer or trustees shall be deemed the policyholder, to insure employees of the employer for the benefit of persons other than the employer, subject to the following requirements:

      (1) The employees eligible for insurance under the policy shall be all of the employees of the employer, or all of any class or classes thereof determined by conditions pertaining to their employment. The policy may provide that the term “employees” shall include the employees of one or more subsidiary corporations, and the employees, individual proprietors, and partners of one or more affiliated corporations, proprietors or partnerships if the business of the employer and of such affiliated corporations, proprietors or partnerships is under common control through stock ownership, contract or otherwise. The policy may provide that the term “employees” shall include the individual proprietor or partners if the employer is an individual proprietor or a partnership. The policy may provide that the term “employees” shall include retired employees. No director of a corporate employer shall be eligible for insurance under the policy unless such person is otherwise eligible as a bona fide employee of the corporation by performing services other than the usual duties of a director.


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

ê1955 Statutes of Nevada, Page 385 (Chapter 241, SB 5)ê

 

No individual proprietor or partner shall be eligible for insurance under the policy unless he is actively engaged in and devotes a substantial part of his time to the conduct of the business of the proprietor or partnership. A policy issued to insure the employees of a public body may provide that the term “employees” shall include elected or appointed officials.

      (2) The premium for the policy shall be paid by the policyholder, either wholly from the employer’s funds or funds contributed by him, or partly from such funds and partly from funds contributed by the insured employees. No policy may be issued on which the entire premium is to be derived from funds contributed by the insured employees, except this provision shall not be applicable to any policy or policies issued to the state or any instrumentality, subdivision or agency thereof. A policy on which part of the premium is to be derived from funds contributed by the insured employees may be placed in force only if at least 75 percent of the then eligible employees, excluding any as to whom evidence of individual insurability is not satisfactory to the insurer, elect to make the required contributions. A policy on which no part of the premium is to be derived from funds contributed by the insured employees must insure all eligible employees, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer.

      (3) The policy must cover at least 5 employees at date of issue.

      (4) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the employees or by the employer or trustees.

      (b) A policy issued to a creditor, who shall be deemed the policyholder, to insure debtors of the creditor, subject to the following requirements:

      (1) The debtors eligible for insurance under the policy shall be all of the debtors of the creditor whose indebtedness is repayable in installments, or all of any class or classes thereof determined by conditions pertaining to the indebtedness or to the purchase giving rise to the indebtedness. The policy may provide that the term “debtors” shall include the debtors of one or more subsidiary corporations, and the debtors of one or more affiliated corporations, proprietors or partnerships if the business of the policyholder and of such affiliated corporations, proprietors or partnerships is under the common control through stock ownership, contract or otherwise.

      (2) The premium for the policy shall be paid by the policyholder, either from the creditor’s funds, or from charges collected by the creditor from the insured debtors, or from both. A policy on which part or all of the premium is to be derived from the collection from the insured debtors of identifiable charges not required of uninsured debtors shall not include, in the class or classes of debtor’s eligible for insurance, debtors under obligations outstanding at its date of issue without evidence of individual insurability unless at least 75 percent of the then eligible debtors elect to pay the required charges. A policy on which no part of the premium is to be derived from the collection of such identifiable charges must insure all eligible debtors, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer.


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

ê1955 Statutes of Nevada, Page 386 (Chapter 241, SB 5)ê

 

from the collection of such identifiable charges must insure all eligible debtors, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer.

      (3) The policy may be issued only if the group of eligible debtors is then receiving new entrants at the rate of at least 100 persons yearly, or may reasonably be expected to receive at least 100 new entrants during the first policy year, and only if the policy reserves to the insurer the right to require evidence of individual insurability if less than 75 percent of the new entrants become insured.

      (4) The amount of insurance on the life of any debtor shall at no time exceed the amount owed by him which is repayable in installments to the creditor, or $5,000, whichever is less.

      (5) The insurance shall be payable to the policyholder. Such payment shall reduce or extinguish the unpaid indebtedness of the debtor to the extent of such payment.

      (c) A policy issued to a labor union, which shall be deemed the policyholder, to insure members of such union for the benefit of persons other than the union of any of its officials, representatives or agents, subject to the following requirements:

      (1) The members eligible for insurance under the policy shall be all of the members of the union, or all of any class or classes thereof determined by conditions pertaining to their employment, or to membership in the union, or both.

      (2) The premium for the policy shall be paid by the policyholder, either wholly from the union’s funds, or partly from such funds and partly from funds contributed by the insured members specifically for their insurance. No policy may be issued on which the entire premium is to be derived from funds contributed by the insured members specifically for their insurance. A policy on which part of the premium is to be derived from funds contributed by the insured members specifically for their insurance may be placed in force only if at least 75 percent of the then eligible members, excluding any as to whom evidence of individual insurability is not satisfactory to the insurer, elect to make the required contributions. A policy on which no part of the premium is to be derived from funds contributed by the insured members specifically for their insurance must insure all eligible members, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer.

      (3) The policy must cover at least 25 members at date of issue.

      (4) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the members or by the union.

      (d) A policy issued to the trustees of a fund established in this state by two or more employers in the same industry, provided a majority of the employees to be insured of each employer are located within this state, or by one or more labor unions, or to the trustees of a fund established by one or more employers in the same industry and one or more labor unions, or by one or more employers and one or more labor unions whose members are in the same or related occupations or trades, which trustees shall be deemed the policyholder, to insure employees of the employers or members of the unions for the benefit of persons other than the employers or the unions, subject to the following requirements:

 


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

ê1955 Statutes of Nevada, Page 387 (Chapter 241, SB 5)ê

 

insure employees of the employers or members of the unions for the benefit of persons other than the employers or the unions, subject to the following requirements:

      (1) The persons eligible for insurance shall be all of the employees of the employers or all of the members of the unions, or all of any class or classes thereof determined by conditions pertaining to their employment, or to membership in the unions, or to both. The policy may provide that the term “employees” shall include retired employees, and the individual proprietor or partners if an employer is an individual proprietor or a partnership. No director of a corporate employer shall be eligible for insurance under the policy unless such person is otherwise eligible as a bona fide employee of the corporation by performing services other than the usual duties of a director. No individual proprietor or partner shall be eligible for insurance under the policy unless he is actively engaged in and devotes a substantial part of his time to the conduct of the business of the proprietor or partnership. The policy may provide that the term “employees” shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship.

      (2) The premium for the policy shall be paid by the trustees wholly from funds contributed by the employer or employers of the insured persons, or by the union or unions, or by both, or, except in the case of a policy issued to the trustees of a fund established wholly by two or more employers, partly from such funds and partly from funds contributed by the insured persons. No policy may be issued to the trustees of a fund established wholly by two or more employers on which any part of the premium is to be derived from funds contributed by the insured persons specifically for their insurance. A policy on which part of the premium is to be derived from funds contributed by the insured persons specifically for their insurance may be placed in force only if at least 75 percent of the then eligible persons, excluding any as to whom evidence of insurability is not satisfactory to the insurer, elect to make the required contributions. A policy on which no part of the premium is to be derived from funds contributed by the insured persons specifically for their insurance must insure all eligible persons, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer.

      (3) The policy must cover at date of issue at least 25 persons, and if the fund is established by the members of an association of employers the policy may be issued only if:

      (I) Either the participating employers constitute at date of issue at least 60 percent of those employer members whose employees are not already covered for group life insurance, or the total number of persons covered at date of issue exceeds 600; and

      (II) The policy shall not require that, if a participating employer discontinues membership in the association, the insurance of his employees shall cease solely by reason of such discontinuance.

      (4) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the insured persons or by the policyholder, employers or unions.


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

ê1955 Statutes of Nevada, Page 388 (Chapter 241, SB 5)ê

 

      2.  No such policy of group life insurance may be issued to an employer, or to a labor union, or to the trustees of a fund established in whole or in part by an employer or a labor union, which provides term insurance on any person which together with any other term insurance under any group life insurance policy or policies issued to the employer or employers of such person or to a labor union or labor unions of which such person is a member or to the trustees of a fund or funds established in whole or in part by such employer or employers or such labor union or labor unions, exceeds $20,000, unless 150 percent of the annual compensation of such person from his employer or employers exceeds $20,000, in which event all such term insurance shall not exceed $40,000 or 150 percent of such annual compensation, whichever is the lesser.

      Sec. 2.  The above-entitled act, being chapter 189, Statutes of Nevada 1941, at page 451, also designated as sections 3656-3656.166, 1929 N.C.L. 1941 Supp., is hereby amended by adding thereto a new section to be designated as section 80.3, which shall immediately follow section 80.1 and shall read as follows:

      Section 80.3.  Group Life Insurance Standard Provisions.  No policy of group life insurance shall be delivered in this state unless it contains in substance provisions (a) to (k), inclusive, as set forth in this section, or provisions which in the opinion of the commissioner are more favorable to the persons insured, or at least as favorable to the persons insured and more favorable to the policyholder, provided:

      1.  That provisions (f) to (j), inclusive, shall not apply to policies issued to a creditor;

      2.  That the standard provisions required for individual life insurance policies shall not apply to group life insurance policies; and

      3.  That if the group life insurance policy is on a plan of insurance other than term plan, it shall contain a nonforfeiture provision or provisions which in the opinion of the commissioner is or are equitable to the insured persons and to the policyholder, but nothing herein shall be construed to require that group life insurance policies contain the same nonforfeiture provisions as are required for individual life insurance policies.

      (a) A provision that the policyholder is entitled to a grace period of 31 days for the payment of any premium due except the first, during which grace period the death benefit coverage shall continue in force, unless the policyholder shall have given the insurer written notice of discontinuance in advance of the date of discontinuance and in accordance with the terms of the policy. The policy may provide that the policyholder shall be liable to the insurer for the payment of a prorata premium for the time the policy was in force during such grace period.

      (b) A provision that the validity of the policy shall not be contested, except for nonpayment of premiums, after it has been in force for 2 years from its date of issue; and that no statement made by any person insured under the policy relating to his insurability shall be used in contesting the validity of the insurance with respect to which such statement was made after such insurance has been in force prior to the contest for a period of 2 years during such person’s lifetime nor unless it is contained in a written instrument signed by him.


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

ê1955 Statutes of Nevada, Page 389 (Chapter 241, SB 5)ê

 

prior to the contest for a period of 2 years during such person’s lifetime nor unless it is contained in a written instrument signed by him.

      (c) A provision that a copy of the application, if any, of the policyholder shall be attached to the policy when issued, that all statements made by the policyholder or by the persons insured shall be deemed representations and not warranties, and that no statement made by any person insured shall be used in any contest unless a copy of the instrument containing the statement is or has been furnished to such person or his beneficiary.

      (d) A provision setting forth the conditions, if any, under which the insurer reserves the right to require a person eligible for insurance to furnish evidence of individual insurability satisfactory to the insurer as a condition to part or all of his coverage.

      (e) A provision specifying an equitable adjustment of premiums or of benefits or of both to be made in the event the age of a person insured has been misstated, such provision to contain a clear statement of the method of adjustment to be used.

      (f) A provision that any sum becoming due by reason of the death of the person insured shall be payable to the beneficiary designated by the person insured, subject to the provisions of the policy in the event there is no designated beneficiary, as to all or any part of such sum, living at the death of the person insured, and subject to any right reserved by the insurer in the policy and set forth in the certificate to pay at its option a part of such sum not exceeding $500 to any person appearing to the insurer equitably to be entitled thereto by reason of having incurred funeral or other expenses incident to the last illness or death of the person insured.

      (g) A provision that the insurer will issue to the policyholder for delivery to each person insured an individual certificate setting forth a statement as to the insurance protection to which he is entitled, to whom the insurance benefits are payable, and the rights and conditions set forth in provisions (h), (i) and (j) following.

      (h) A provision that if the insurance, or any portion of it, on a person covered under the policy ceases because of termination of employment or of membership in the class or classes eligible for coverage under the policy, such person shall be entitled to have issued to him by the insurer, without evidence of insurability, an individual policy of life insurance without disability or other supplementary benefits, provided application for the individual policy shall be made, and the first premium paid to the insurer, within 31 days after such termination, and provided further:

      (1) That the individual policy shall, at the option of such person, be on any one of the forms, except term insurance, then customarily issued by the insurer at the age and for the amount applied for;

      (2) That the individual policy shall be in an amount not in excess of the amount of life insurance which ceases because of such termination, less, in the case of a person whose membership in the class or classes eligible for coverage terminates but who continues in employment in another class, the amount of any life insurance for which such person is or becomes eligible under any other group policy within 31 days after such termination, provided that any amount of insurance which shall have matured on or before the date of such termination as an endowment payable to the person insured, whether in one sum or in installments or in the form of an annuity, shall not, for the purposes of this provision, be included in the amount which is considered to cease because of such termination; and

 


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

ê1955 Statutes of Nevada, Page 390 (Chapter 241, SB 5)ê

 

within 31 days after such termination, provided that any amount of insurance which shall have matured on or before the date of such termination as an endowment payable to the person insured, whether in one sum or in installments or in the form of an annuity, shall not, for the purposes of this provision, be included in the amount which is considered to cease because of such termination; and

      (3) That the premium on the individual policy shall be at the insurer’s then customary rate applicable to the form and amount of the individual policy, to the class of risk to which such person then belongs, and to his age attained on the effective date of the individual policy.

      (i) A provision that if the group policy terminates or is amended so as to terminate the insurance of any class of insured persons, every person insured thereunder at the date of such termination whose insurance terminates and who has been so insured for at least 5 years prior to such termination date shall be entitled to have issued to him by the insurer an individual policy of life insurance, subject to the same conditions and limitations as are provided by provision (h) above, except that the group policy may provide that the amount of such individual policy shall not exceed the smaller of:

      (1) The amount of the person’s life insurance protection ceasing because of the termination or amendment of the group policy, less the amount of any life insurance for which he is or becomes eligible under any group policy issued or reinstated by the same or another insurer within 31 days after such termination; and

      (2) $2,000.

      (j) A provision that if a person insured under the group policy dies during the period within which he would have been entitled to have an individual policy issued to him in accordance with provision (h) or (i) above and before such an individual policy shall have become effective, the amount of life insurance which he would have been entitled to have issued to him under such individual policy shall be payable as a claim under the group policy, whether or not application for the individual policy or the payment of the first premium therefor has been made.

      (k) In the case of a policy issued to a creditor to insure debtors of such creditor, a provision that the insurer will furnish to the policyholder for delivery to each debtor insured under the policy a form which shall contain a statement that the life of the debtor is insured under the policy and that any death benefit paid thereunder by reason of his death shall be applied to reduce or extinguish the indebtedness.

      Sec. 3.  The above-entitled act, being chapter 189, Statutes of Nevada 1941, at page 451, also designated as sections 3656-3656.166, 1929 N.C.L. 1941 Supp., is hereby amended by adding thereto a new section to be designated as section 80.5, which shall immediately follow section 80.3 and shall read as follows:

      Section 80.5.  Notices Concerning Conversion Privileges.  If any individual insured under a group life insurance policy hereafter delivered in this state becomes entitled under the terms of such policy to have an individual policy of life insurance issued to him without evidence of insurability, subject to making of application and payment of the first premium within the period specified in such policy, and if such individual is not given notice of the existence of such right at least 15 days prior to the expiration date of such period, then the individual shall have an additional period within which to exercise such right, but nothing herein contained shall be construed to continue any insurance beyond the period provided in such policy.


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

ê1955 Statutes of Nevada, Page 391 (Chapter 241, SB 5)ê

 

to have an individual policy of life insurance issued to him without evidence of insurability, subject to making of application and payment of the first premium within the period specified in such policy, and if such individual is not given notice of the existence of such right at least 15 days prior to the expiration date of such period, then the individual shall have an additional period within which to exercise such right, but nothing herein contained shall be construed to continue any insurance beyond the period provided in such policy. This additional period shall expire 15 days next after the individual is given such notice but in no event shall such additional period extend beyond 30 days next after the expiration date of the period provided in such policy. Written notice presented to the individual or mailed by the policyholder to the last-known address of the individual shall constitute notice for the purpose of this section.

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

 

________

 

 

CHAPTER 242, SB 105

Senate Bill No. 105–Senator Black

CHAPTER 242

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 the forfeiture, revocation or suspension of certificates to practice professional engineering, empowering the board of registered professional engineers to examine applicants and issue certificates for land surveying as a distinct branch of professional engineering; providing for the forfeiture, revocation, or suspension of certificates to practice land surveying; defining land surveyors and land surveying, defining duties of land surveyors, and defining land surveying practice; authorizing land surveyors to administer and certify oaths; requiring all persons who practice land surveying to obtain certificates and seals; providing penalties for the violation of this act; repealing all acts in conflict herewith, and other matters properly related thereto,” approved March 29, 1919.

 

[Approved March 26, 1955]

 

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, N.C.L. 1929, as last amended by chapter 299, Statutes of Nevada 1951, at page 459, 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. Each member shall be appointed to hold office for a term of two 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.


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

ê1955 Statutes of Nevada, Page 392 (Chapter 242, SB 105)ê

 

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.

      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 shall be from the current roster of registered professional engineers and land surveyors as issued by the board of registered professional engineers and on file in the office of the secretary of state. Insofar as practicable, membership on the board shall be distributed proportionately among the recognized branches of the profession with at least one member being also registered as a land surveyor.

      Sec. 2.  Section 3 of the above-entitled act, being section 2872, N.C.L. 1929, as last amended by chapter 299, Statutes of Nevada 1951, at page 460, is hereby amended to read as follows:

      Section 3.  The state board of registered professional engineers shall have its principal office in the city of Reno, and it shall have, among others, the following powers and duties:

      1.  The board shall have the power to make all bylaws and rules not inconsistent with the constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties, and the regulation of the proceedings before it. The board shall adopt and have an official seal.

      2.  In carrying into effect the provisions of this act, the board may under the hand of its chairman and the seal of the board subpena witnesses and compel their attendance, and also may require the production of books, papers, and documents in a case involving the revocation of registration or practicing or offering to practice without registration. Any member of the board may administer oaths and affirmations to witnesses appearing before the board. If any person shall refuse to obey any subpena so issued, or shall refuse to testify or produce any books, papers or documents, the board may present its petition to the district court of the judicial district wherein such person resides, setting forth the facts, and thereupon such district court shall in a proper case issue its subpena to such person requiring his attendance before such district court, and there to testify or to produce such books, papers, or documents as may be deemed necessary and pertinent by the board. Any person failing or refusing to obey the subpena of said district court may be proceeded against in the same manner as for refusal to obey any other subpena or order of said district court.

      3.  To hold oral or written examination of applicants for certificates at least twice each year in localities determined by the number of applications received 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.


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

ê1955 Statutes of Nevada, Page 393 (Chapter 242, SB 105)ê

 

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 $10.

      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. 3.  Section 6 of the above-entitled act, being section 2875, N.C.L. 1929, as last amended by chapter 254, Statutes of Nevada 1947, at page 801, is hereby amended to read as follows:

      Section 6.  Any person who shall practice or offer to practice the profession of engineering, or intimates the practice of engineering, or advertises engineering as engineering consultants, or implies engineering services in the firm name, in this state without being registered, or exempt in accordance with the provisions of this act, or any registered professional engineer who shall practice or offer to practice a branch of professional engineering in which the board has not qualified him, or any person presenting or attempting to use as his own the certificate of registration or the seal of another, or any person who shall give any false or forged evidence of any kind to the board, or any member thereof in obtaining a certificate of registration, or any person who shall falsely impersonate any other registrant of like or different name, or any person who shall attempt to use an expired or revoked certificate of registration, or any person who shall violate any of the provisions of this act shall be guilty of a misdemeanor, and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $500, or be imprisoned in the county jail for a period not exceeding three months, or both.

      Sec. 4.  Section 10 of the above-entitled act, being section 2875.04, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:

      Section 10.  The following persons shall be exempt from the provisions of this act, to wit:

      (a) A person not a resident of and having no established place of business in this state, or who has recently become a resident thereof, practicing or offering to practice herein for not more than sixty days in any calendar year the profession of engineering, if he shall have filed with the board an application for a certificate of registration and shall have paid the fee required by this act.


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

ê1955 Statutes of Nevada, Page 394 (Chapter 242, SB 105)ê

 

business in this state, or who has recently become a resident thereof, practicing or offering to practice herein for not more than sixty days in any calendar year the profession of engineering, if he shall have filed with the board an application for a certificate of registration and shall have paid the fee required by this act. Such exemption shall continue only for such time as the board requires for the consideration of the application for registration; provided, that such a person is legally qualified to practice said profession in his own state or country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this act.

      (b) An employee or a subordinate of a person holding a certificate of registration under this act, or an employee of a person exempted from registration by class (a) of this section; provided, his practice does not include responsible charge of design or supervision.

      (c) Officers and employees of the government of the United States while engaged within this state in the practice of the profession of engineering for said government.

      Sec. 5.  Section 11 1/2 of the above-entitled act, as added by chapter 254, Statutes of Nevada 1947, at page 802, is hereby amended to read as follows:

      Section 11 1/2.  This section of the act creating the state board of registered professional engineers may be cited as the registered land surveyors act.

      (A) “Registered land surveyor” refers to one who practices or offers to practice land surveying.

      (B) The phrase “responsible charge of work” means the independent control and direction, by use of initiative, skill, and independent judgment, of the observations, measurements and descriptions involved in land surveying work.

      (C) Any person practices land surveying when he professes to be a land surveyor or is in responsible charge of land surveying work.

      (D) A subordinate is any person directly supervised by a licensed land surveyor and who assists a licensed land surveyor in the practice of land surveying without assuming responsible charge of work.

      Sec. 6.  Section 12 of the above-entitled act, being section 2875.06, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:

      Section 12.  The board shall have the power to revoke the certificate of registration of any registrant who is found guilty of:

      (a) The practice of any fraud or deceit in obtaining a certificate of registration.

      (b) Any gross negligence, incompetency, or misconduct in the practice of professional engineering as a registered professional engineer.

      Any person may prefer charges of fraud, deceit, gross negligence, incompetency, or misconduct against any registrant. Such charges shall be in writing, and shall be sworn to by the person making them and shall be filed with the secretary of the board. All charges, unless dismissed by the board as unfounded or trivial, shall be heard by the board within three months after the date on which they shall have been preferred. The time and place for said hearing shall be fixed by the board, and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on or mailed to the last known address of such registrant, at least thirty days before the date fixed for the hearing.


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

ê1955 Statutes of Nevada, Page 395 (Chapter 242, SB 105)ê

 

the board, and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on or mailed to the last known address of such registrant, at least thirty days before the date fixed for the hearing. At any hearing, the accused registrant shall have the right to appear personally and by counsel, to cross-examine witnesses appearing against him, and to produce evidence and witnesses in his own defense. If, after such hearing, three or more members of the board vote in favor of finding the accused guilty, the board shall revoke the certificate of registration of such registered professional engineer or shall, at its discretion, suspend the license for periods it deems necessary. The board, for reasons it may deem sufficient, may reissue a certificate of registration to any person whose certificate has been revoked, providing three or more members of the board vote in favor of such reissuance. A new certificate of registration, to replace any certificate revoked, lost, destroyed, or mutilated, may be issued, subject to the rules of the board, and a charge of three dollars ($3) shall be made for such issuance.

      Sec. 7.  Section 13 of the above-entitled act, as added by chapter 254, Statutes of Nevada 1947, and as amended by chapter 315, Statutes of Nevada 1949, at page 643, 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. 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 a 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:

      (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) 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.


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

ê1955 Statutes of Nevada, Page 396 (Chapter 242, SB 105)ê

 

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 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) 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, unless he is duly registered under the law.

      Sec. 8.  Section 14 of the above-entitled act, as added by chapter 254, Statutes of Nevada 1947, and as amended by chapter 299, Statutes of Nevada 1951, at page 461, is hereby amended to read as follows:

      Section 14.  An applicant for license as land surveyor shall give with his application the names and addresses of at least three persons who are registered professional engineers or registered land surveyors in Nevada or in the state in which the applicant resides and who have sufficient knowledge of the applicant to certify as to his professional integrity, ability, and fitness to receive a license.

      Certificates may be granted under the provisions of section 3 of this act to applicants for land surveyor licenses who are registered in other states.

      The applicant shall be thoroughly familiar with the procedure and rules governing the survey of the public lands as set forth in the “manual of instructions for the survey of the public lands of the United States,” published by the commissioner of the general land office, department of the interior, Washington, D. C.

      The applicant shall also be thoroughly familiar with procedure in relation to the coordinate system of the United States coast and geodetic survey adopted for use in this state.

      A professional engineer registered heretofore under the provisions of the engineers registration law, may, at the discretion of the board, be issued a certificate which includes land surveying, provided he makes application therefor in writing, not later than thirty (30) days after notification by the board, by registered mail, subsequent to the passage and approval of this act, and in any event, not later than ninety (90) days after the passage and approval of this act; provided, that the provisions of this paragraph shall not apply to state water right surveyors who have been heretofore licensed by the state engineer under the provisions of Nevada Stats.


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

ê1955 Statutes of Nevada, Page 397 (Chapter 242, SB 105)ê

 

right surveyors who have been heretofore licensed by the state engineer under the provisions of Nevada Stats. 1921, sec. 91.

      The date of such application shall be determined by the postmark of the post office of first receipt.

      To qualify for a license as land surveyor, an applicant must receive a grade of not less than 70 percent on his examination.

      The written examination for land surveyor shall consist of a one-day test (two 4-hour periods) requiring the applicant to demonstrate that he understands the theory and practice of land surveying, including the use, care, and adjustment of instruments; surveying computations, traverses and methods of closure, mapping, base lines and triangulations; the principles of geodetic surveying, determination of true meridian, latitude, and longitude, land boundaries, monuments, subdivisions of lands, deed descriptions and conveyancing; and the common laws and usages regarding surveys. The applicant’s knowledge of the provisions of the manual of instructions for the survey of the public lands of the United States will be tested by appropriate questions and problems. Free use of notes, texts by appropriate questions and reference books will be allowed.

      Sec. 9.  Section 15 of the above-entitled act, as added by chapter 254, Statutes of Nevada 1947, and as last amended by chapter 166, Statutes of Nevada 1953, at page 196, 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. (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 registered 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.


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

ê1955 Statutes of Nevada, Page 398 (Chapter 242, SB 105)ê

 

recorder, county clerk, county surveyor, or in the general land office of the United States. (b) A material discrepancy with such record. (c) Evidence that, by reasonable analysis, might result in alternate positions of points or lines. (d) The establishment of one or more lines not shown on any such a map, the positions of which are not ascertained from an inspection of such a map without trigonometric calculations. (6) Record of survey shall be a map legibly drawn in water-proof ink on tracing cloth, or other suitable transparent medium other than paper, the size to be twenty-four inches by thirty-two inches. (7) Record of survey shall show: (a) All monuments found, set, reset, or replaced, describing their kind, size, and location, and giving other data relating thereto. (b) Bearing or witness monuments, basis of bearings, bearing and length of lines, and scale of map. (c) Name and legal designation of tract in which survey is located and ties to adjoining tracts. (d) Tie to coast and geodetic survey control system, if points of said system are established in the area in which the survey is made. (e) Memorandum of oaths, if any. (f) Signature and seal of surveyor. (g) Dates of survey. (h) Name of person or persons for whom survey is made. (i) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines, and areas shown. (8) A record of survey is not required of any surveyors: (a) When it is made by a public officer in his official capacity, has been filed by him as a permanent record of his office and is available for public inspection. (b) When it is of a preliminary nature. (c) When a map is in preparation for recording or shall have been recorded under present law. (9) The charge for filing any record of survey and for indexing the same shall be $2.50. (10) The record of survey filed with the county recorder shall be suitably filed. He shall keep proper indexes of such survey records by name of tract, subdivision or United States land subdivision. (11) Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed to assure, together with monuments already existing, the perpetuation of facile reestablishment of any point or line of the survey. (12) Any monument set by a licensed land surveyor to mark or reference a point on property or land line shall be permanently and visibly marked or tagged with the certificate number of the land surveyor setting it, each number to be preceded by the letters “R.L.S.”

      Sec. 10.  The above-entitled act, being chapter 198, Statutes of Nevada 1919, also designated as sections 2870 to 2875, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 18, which shall immediately follow section 17 and shall read as follows:

      Section 18.  It shall be mandatory upon the state board of registered professional engineers and land surveyors to investigate any complaints or reported violations of any of the provisions of this act and to take the necessary steps to prosecute such violations if the board so deems necessary.

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

 

________

 

 


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

ê1955 Statutes of Nevada, Page 399ê

 

CHAPTER 243, SB 154

Senate Bill No. 154–Senator Lemaire

CHAPTER 243

AN ACT to amend an act entitled “An Act to provide revenue for the support of the government of the State of Nevada and its political subdivisions; fixing the duties of certain officers; defining certain crimes and providing penalties therefor, and other matters properly connected therewith, and to repeal certain acts and parts of acts in conflict herewith,” approved March 30, 1953.

 

[Approved March 26, 1955]

 

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 344, Statutes of Nevada 1953, at page 599, is hereby amended to read as follows:

      Section 2.  Every tax levied under the provisions or authority of this act shall be a perpetual lien against the property assessed until such taxes and any penalty charges and interest which may accrue thereon shall be paid. The lien shall attach on the first Monday in September prior to the date on which the taxes are levied, and shall be upon all property then within the county. The lien shall attach upon all other property on the day it is moved into the county. If real and personal property are assessed against the same owner, a lien shall attach upon such real property also for the tax levied upon said personal property within the said county; provided, that a lien shall also attach for taxes on personal property, upon real property assessed against the same owner in any other county of the state from the date on which a certified copy of any unpaid property assessment is filed for record with the county recorder in the county in which said real property is situated.

      All special taxes levied for city, town, school, road or other purposes throughout the different counties of this state, shall be a lien on the property so assessed, and shall be assessed and collected by the same officer at the same time and in the same manner as the state and county taxes are now or may hereafter be assessed and collected.

      Sec. 2.  Section 24 of the above-entitled act, being chapter 344, Statutes of Nevada 1953, at page 607, is hereby amended to read as follows:

      Section 24.  Subsequent to the approval of the budgets for the various political subdivisions of the state, and their submission to the Nevada tax commission for auditing and approval as required by law, the said Nevada tax commission shall certify to the board of county commissioners of each of the several counties the combined tax rate necessary to produce the amount of revenue required by said approved budgets, and shall certify such combined rate, broken down as to the budgetary funds, to each of said boards of county commissioners; provided, however, that if said combined rate, together with the state tax rate theretofore approved, shall exceed the constitutional tax rate limit, the said Nevada tax commission is hereby authorized and directed to call together the governing boards of the respective political subdivisions concerned, and to hold said governing boards in session until such time as the budgeted requirements have been reduced to such amount as may be produced by a combined tax rate which will not exceed the said constitutional limitation.


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

ê1955 Statutes of Nevada, Page 400 (Chapter 243, SB 154)ê

 

to call together the governing boards of the respective political subdivisions concerned, and to hold said governing boards in session until such time as the budgeted requirements have been reduced to such amount as may be produced by a combined tax rate which will not exceed the said constitutional limitation. After said budgeted requirements have been so reduced the said Nevada tax commission shall proceed as heretofore provided to certify the said combined tax rate. In the event that the governing board of any political subdivision shall refuse or neglect to participate in said meeting of all governing boards, the said Nevada tax commission is hereby authorized and directed to adjust the budget of said political subdivision as the exigencies of the situation may require.

      A copy of the certificate of the tax commission of the board of county commissioners shall be forwarded to the county auditor.

      Immediately after the said Nevada tax commission shall certify the combined tax rate, the board of county commissioners shall by resolution proceed to levy the tax rate required for the current year, designating the number of cents of each one hundred dollars of property levied for each fund.

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

 

________

 

 

CHAPTER 244, SB 159

Senate Bill No. 159–Senators Whitacre, Brown and Seevers

CHAPTER 244

AN ACT to amend an act entitled “An Act to provide for the allowance of the expenses of the elected or appointed assemblymen and senators of the Nevada state legislature under certain conditions, and their payment from the legislative fund,” approved March 21, 1953.

 

[Approved March 26, 1955]

 

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 200, Statutes of Nevada 1953, at page 234, is hereby amended to read as follows:

      Section 1.  The per diem expense allowance and the travel expenses of assemblymen and senators duly elected or appointed, and in attendance at any session of the Nevada state legislature, shall be allowed in the manner set forth in this act.

      Sec. 2.  Section 2 of the above-entitled act, being chapter 200, Statutes of Nevada 1953, at page 235, is hereby amended to read as follows:

      Section 2.  If an assemblyman or senator travels daily from his home to sessions of the legislature, he shall be allowed for each mile between the capital and his home, for each day the house of the legislature to which he belongs is actually convened or for each day he travels to the capital on official legislative business, the same mileage allowance made to state officers and employees traveling by private conveyance on state business.

 

Link to Page 401