[Rev. 6/12/2018 10:40:32 AM--2017]

LAWS OF THE STATE OF NEVADA

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ê1959 Statutes of Nevada, Page 1ê

 

LAWS OF THE STATE OF NEVADA

Passed at the

FORTY-NINTH SESSION OF THE LEGISLATURE

1959

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CHAPTER 1, SB 1

Senate Bill No. 1–Senator Settelmeyer

CHAPTER 1

AN ACT creating the 1959 legislative fund and making an appropriation therefor.

 

[Approved January 22, 1959]

 

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

do enact as follows:

 

      Section 1.  For the purpose of paying the salaries, mileage, and the postage and stationery allowances of members of the 1959 Nevada legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, there is hereby appropriated from the general fund in the state treasury the sum of $150,000, which sum shall constitute the 1959 legislative fund.

      Sec. 2.  The state controller is hereby authorized and required to draw his warrants on the 1959 legislative fund in favor of the members and employees of the senate and assembly for per diem, mileage, stationery allowances, compensation and incidental expenses of the respective houses, when properly certified in accordance with law, and the state treasurer is hereby authorized and required to pay the same.

      Sec. 3.  Any unexpended portion of the 1959 legislative fund shall revert to the general fund on December 31, 1959.

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

 

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CHAPTER 2, AB 17

Assembly Bill No. 17–Washoe County Delegation

CHAPTER 2

AN ACT ratifying, approving and confirming the proceedings heretofore taken by the city council of the city of Reno, Nevada, concerning the “City of Reno, Washoe County, State of Nevada, Municipal Recreation Center Bonds, Series of January 1, 1959,” the “City of Reno, Washoe County, State of Nevada, Municipal Airport Bonds, Series of June 1, 1958,” and the “City of Reno 1958 Street and Alley Improvement District Bonds.”

 

[Approved February 6, 1959]

 

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

do enact as follows:

 

      Section 1.  All action heretofore taken and all proceedings heretofore adopted by the city council of the city of Reno, Washoe County, Nevada, relating to the authorization and issuance of the “City of Reno, Washoe County, State of Nevada, Municipal Recreation Center Bonds, Series of January 1, 1959,” the “City of Reno, Washoe County, State of Nevada, Municipal Airport Bonds, Series of June 1, 1958,” and the “City of Reno 1958 Street and Alley Improvement District Bonds” are hereby ratified, approved and confirmed.


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ê1959 Statutes of Nevada, Page 2 (Chapter 2, AB 17)ê

 

Nevada, relating to the authorization and issuance of the “City of Reno, Washoe County, State of Nevada, Municipal Recreation Center Bonds, Series of January 1, 1959,” the “City of Reno, Washoe County, State of Nevada, Municipal Airport Bonds, Series of June 1, 1958,” and the “City of Reno 1958 Street and Alley Improvement District Bonds” are hereby ratified, approved and confirmed.

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

 

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CHAPTER 3, AB 21

Assembly Bill No. 21–Mr. Gibson

CHAPTER 3

AN ACT to amend the title of and to amend an act entitled “An Act authorizing and empowering the mayor and the city council of the city of Henderson, Nevada, to sell or exchange certain real property; providing for the manner of such sales or exchanges and appraisals of such real property; and other matters properly relating thereto,” approved March 28, 1957.

 

[Approved February 6, 1959]

 

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 271, Statutes of Nevada 1957, at page 367, is hereby amended to read as follows:

      Section 1.  1.  The mayor and the city council of the city of Henderson, a city incorporated under the provisions of chapter 266 of NRS, are hereby authorized and empowered to sell, lease or exchange all or any part of the real property described in section 2 hereof in the manner hereinafter provided.

      2.  Whenever, by resolution duly and regularly adopted in the manner provided by law, the mayor and the city council find that for specific reasons set forth in such resolution the public welfare will be served by the sale, lease or exchange of specified portions of the real property described in section 2, the planning commission of the city of Henderson shall appoint three disinterested and competent appraisers to appraise the land to be sold, leased or exchanged and any land proposed to be received by exchange.

      3.  Upon receipt of the reports of the appraisers, the lands described therein may be sold, leased or exchanged at private sale, notwithstanding any other provision of law, for a consideration of a value not less than the average appraised value as disclosed by such reports.

      4.  Upon receipt of the consideration for the sale, lease or exchange of such land, the mayor and the city clerk are authorized and empowered to execute such conveyance or other documents as may be necessary to transfer such real property to the purchaser [.] or lessee.

      Sec. 2.  Section 2 of the above-entitled act, being chapter 271, Statutes of Nevada 1957, at page 367, is hereby amended to read as follows:

      Section 2.  The lands authorized to be sold, leased or exchanged pursuant to section 1 consist of approximately 6,859 acres in Clark County, Nevada, more particularly described as follows:


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ê1959 Statutes of Nevada, Page 3 (Chapter 3, AB 21)ê

 

      1.  All of sections 2, 3, 4 and 24, township 22 south, range 62 east, M.D.B.&M.

      2.  All of section 33, township 21 south, range 63 east, M.D.B.&M.

      3.  The east half of section 8; the east half of section 17; east half of section 20; west half of section 21; the east half and the northwest quarter of section 28; all of sections 30, 31 and 32; all in township 22 south, range 63 east, M.D.B.&M.

      Sec. 3.  The title of the above-entitled act, being chapter 271, Statutes of Nevada 1957, at page 366, is hereby amended to read as follows:

      An Act authorizing and empowering the mayor and the city council of the city of Henderson, Nevada, to sell, lease or exchange certain real property; providing for the manner of such sales, leases or exchanges and appraisals of such real property; and other matters properly relating thereto.

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

 

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CHAPTER 4, SB 11

Senate Bill No. 11–Senator Monroe

CHAPTER 4

AN ACT to amend NRS section 19.150 relating to the fees of the county clerk of Elko County, Nevada.

 

[Approved February 6, 1959]

 

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

do enact as follows:

 

      Section 1.  NRS 19.150 is hereby amended to read as follows:

      19.150  1.  The county clerk of Elko County, as county clerk and ex officio clerk of the District Court of the Fourth Judicial District of the State of Nevada, in and for the County of Elko, shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court or on an appeal thereto or on the transfer of any case from a justice’s court, except probate proceedings, to be paid by the party commencing such action or proceeding or taking such appeal, or on the transfer of a case from a justice’s court, by the plaintiff therein, the fee to be in addition to the court fee now provided by law..........................................................................................   $7.00

On the filing of a petition for letters testamentary, or of administration or guardianship, to be paid by the petitioner, the fee to be in addition to the court fee now provided by law...........................................................................      8.50

On filing a petition to contest any will or codicil, to be paid by the petitioner     ............................................................................................................... 5.00

On the filing of objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of an account or any other proceeding in an estate or guardianship matter, to be paid by the moving or objecting party........................................................................      5.00

 


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ê1959 Statutes of Nevada, Page 4 (Chapter 4, SB 11)ê

 

On the appearance of any defendant or any number of defendants answering jointly...........................................................................................................   $5.00

On the appearance of every additional defendant, appearing separately, or any number of additional defendants, appearing jointly......      2.50

On the filing of a complaint in intervention.................................................      2.50

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

 

      2.  The clerk shall also be entitled to charge and collect the following fees and compensations not provided for in subsection 1:

 

For filing any notice of motion to move for a new trial of any civil action or proceeding, to be paid by the party filing the same, which shall be in full for all services to be rendered in connection with the motion........................   $2.50

For issuing an execution or order of sale, in any action.............................      1.00

[For filing a notice of appeal and appeal bond, each................................        .50

For filing remittitur from the supreme court.................................................      1.00

For recording judgment entered thereon, per folio.........................       .20]

For issuing transcript of judgment and certifying thereto..........................      1.00

For filing and docketing abstract of judgment of justice’s court and issuing execution thereon.......................................................................................      1.50

[For filing any paper in any case after judgment, not otherwise provided for    ................................................................................................................. .15

For making satisfaction of or credit on judgment......................................        .25

For recording any instrument or paper required to be recorded in his office, other than an instrument or paper in an action or proceeding in court, as otherwise specified in this section, per folio.............................................................       .20]

For certifying any copy of any record, proceeding or paper on file in the office of the clerk........................................................................................................        .50

When such copy is made by him, per folio.....................................        .15

[For filing each claim in probate and insolvency proceedings..................        .15

For filing all papers to be kept by him, not otherwise provided for, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment, each...........................................................        .15

For indexing..........................................................................................        .25

For filing, indexing and recording articles of incorporation....................... 10.00]

For filing, indexing and registering certificates of copartnership..............      1.00

For issuing marriage licenses, one-half to be paid to the county recorder            ............................................................................................................... 2.00

[For administering each oath, without certificate, except in a pending action or proceeding...................................................................................................       .25]

For issuing any certificate under seal, not otherwise provided for...........        .50

 


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ê1959 Statutes of Nevada, Page 5 (Chapter 4, SB 11)ê

 

[For taking any affidavit, except in criminal cases.................................... $0.25]

For searching records or files in his office, for each year, but not to charge suitors or attorneys......................................................................................................        .50

For taking acknowledgment of any deed or other instrument, including the certificate.....................................................................................................      1.00

For filing, indexing and recording articles of incorporation, including articles of incorporation of nonprofit corporations and associations..............      1.00

 

      3.  No fee shall be charged by the clerk for any services rendered in any criminal case or in habeas corpus proceedings.

      4.  All fees collected by the county clerk under the provisions of this section shall be by him turned into the general fund of Elko County each month; provided:

      (a) He may retain for his own use the fees and compensations allowed for all services performed by him as clerk of the district court (and authorized by acts of Congress) in connection with the entry and final proofs relative to government lands, and the naturalization of aliens.

      (b) He shall, pursuant to chapter 380 of NRS, set aside from the costs received on the commencement in or removal to the district court of any civil action, proceeding, or appeal, such sum as the board of county commissioners may set for such purpose.

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

 

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CHAPTER 5, AB 51

Assembly Bill No. 51–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 5

AN ACT to amend NRS section 226.210, relating to the prohibition against purchasing warrants, scrip and other evidences of indebtedness by the state treasurer and the penalty therefor, by providing that a violation constitutes a gross misdemeanor; and providing other matters properly relating thereto.

 

[Approved February 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 226.210 is hereby amended to read as follows:

      226.210  1.  Except as provided in subsection 3, the state treasurer is expressly prohibited:

      (a) From purchasing or selling, or in any manner receiving to his own use or benefit, or to the use and benefit of any person or persons whatever, any state warrants, scrip, orders, demands, claim or claims, or other evidence of indebtedness against the state; or

      (b) From purchasing or being interested, or receiving, selling, or transferring, or causing to be purchased, received, sold or transferred, either in person or by agent or attorney, or by or through the agency or means of any person or persons whatever, any interest, claim, demand or other evidence of indebtedness against the state, either directly or indirectly; nor shall any clerk or employee of the state treasurer be allowed to make any such purchase, sale or transfer, or to receive any agency from other parties to purchase, sell, transfer or bargain, in any manner, for any state warrants, scrip, demands or other evidence of indebtedness against the state.


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ê1959 Statutes of Nevada, Page 6 (Chapter 5, AB 51)ê

 

demand or other evidence of indebtedness against the state, either directly or indirectly; nor shall any clerk or employee of the state treasurer be allowed to make any such purchase, sale or transfer, or to receive any agency from other parties to purchase, sell, transfer or bargain, in any manner, for any state warrants, scrip, demands or other evidence of indebtedness against the state.

      2.  Any person violating any of the provisions of subsection 1 shall [, on conviction, be punished by a fine of not less than $500 nor more than $1,000, and by imprisonment in the state prison for not less than 2 months nor more than 2 years.] be guilty of a gross misdemeanor. A conviction shall operate as a forfeiture of office, and the party convicted shall forever be disqualified from holding any office of honor, profit or trust in this state.

      3.  Nothing in this section shall prevent the state treasurer, his clerks and employees from selling or transferring only such warrants or scrip as they may receive for their services. [, but none other.]

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

 

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CHAPTER 6, AB 53

Assembly Bill No. 53–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 6

AN ACT to amend NRS section 281.220, relating to state officers having an interest in state contracts, by specifying the term of imprisonment for officers violating the provisions of the section, and by providing for punishment by both fine and imprisonment; and to repeal NRS section 281.070 relating to state employment of Chinese and Mongolians; and providing other matters properly relating thereto.

 

[Approved February 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 281.220 is hereby amended to read as follows:

      281.220  1.  It [shall be] is unlawful for any officer of this state to become a contractor under any contract or order for supplies, or any other kind of contract authorized by or for the state, or any department thereof, or the legislature or either branch thereof, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.

      2.  It [shall be] is unlawful for any state officer to be interested in any contract made by such officer, or to be a purchaser or be interested in any purchase of a sale made by him in the discharge of his official duties.

      3.  All contracts made in violation of the provisions of this section may be declared void at the instance of the state or of any other party interested in such contract, except the officer prohibited from making or being interested in the contract.

      4.  Any person violating the provisions of this section, directly or indirectly, shall forfeit his office, and shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment [.]


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ê1959 Statutes of Nevada, Page 7 (Chapter 6, AB 53)ê

 

less than $500 nor more than $5,000, or by imprisonment [.] in the state prison for not less than 1 year nor more than 5 years, or by both fine and imprisonment.

      Sec. 2.  NRS 281.070 is hereby repealed.

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

 

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CHAPTER 7, AB 56

Assembly Bill No. 56–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 7

AN ACT to repeal NRS section 338.120, relating to the prohibition of employment of Chinese and Mongolians on public works under state control.

 

[Approved February 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 338.120 is hereby repealed.

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

 

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CHAPTER 8, AB 49

Assembly Bill No. 49–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 8

AN ACT to amend NRS section 201.300, relating to the definition of the crime of pandering and the punishment therefor, by deleting unnecessary wording.

 

[Approved February 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 201.300 is hereby amended to read as follows:

      201.300  Any person who:

      1.  Shall induce, persuade, encourage, inveigle or entice a female person to become a prostitute; or

      2.  By threats, violence or by any device or scheme, shall cause, induce, persuade, encourage, take, place, harbor, inveigle or entice a female person to become an inmate of a house of prostitution, or assignation place, or any place where prostitution is practiced, encouraged or allowed; or

      3.  By threats, violence, or by any device or scheme, by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, or having legal charge, shall take, place, harbor, inveigle, entice, persuade, encourage or procure any female person to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of prostitution; or

      4.  Shall, by promises, threats, violence, or by any device or scheme, by fraud or artifice, by duress of person or goods, or abuse of any position of confidence or authority or having legal charge, take, place, harbor, inveigle, entice, persuade, encourage or procure any female person of previous chaste character to enter any place within this state in which prostitution is practiced, encouraged or allowed for the purpose of sexual intercourse; or

 


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ê1959 Statutes of Nevada, Page 8 (Chapter 8, AB 49)ê

 

by fraud or artifice, by duress of person or goods, or abuse of any position of confidence or authority or having legal charge, take, place, harbor, inveigle, entice, persuade, encourage or procure any female person of previous chaste character to enter any place within this state in which prostitution is practiced, encouraged or allowed for the purpose of sexual intercourse; or

      5.  Takes or detains a female with the intent to compel her by force, threats, menace or duress to marry him or to marry any other person; or

      6.  Shall receive or give or agree to receive or give any money or thing of value for procuring or attempting to procure any female person to become a prostitute or to come into this state or leave this state for the purpose of prostitution; [, or, being her husband, for the purpose of sexual intercourse;]

shall be guilty of pandering and, upon conviction, shall be punished by imprisonment in the state prison for a term of not less than 2 nor more than 20 years.

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

 

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CHAPTER 9, AB 50

Assembly Bill No. 50–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 9

AN ACT to amend NRS section 218.580, relating to the unlawful interests of legislators in contracts authorized by the legislature and the penalties therefor, by specifying a state prison sentence as a penalty.

 

[Approved February 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 218.580 is hereby amended to read as follows:

      218.580  1.  It shall be unlawful for any member of the legislature to become a contractor under any contract or order for supplies or any other kind of contract authorized by the legislature of which he is a member for the state or any department thereof, or the legislature or either house thereof, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.

      2.  It shall be unlawful for any member of the legislature to be interested in any contract made by the legislature of which he is a member, or to be a purchaser or to be interested in any purchase or sale made by the legislature of which he is a member.

      3.  Any contract made in violation of the provisions of subsection 1 or 2 may be declared void at the instance of the state or of any other person interested in the contract except the member of the legislature prohibited in subsection 1 or 2 from making or being interested in the contract.


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ê1959 Statutes of Nevada, Page 9 (Chapter 9, AB 50)ê

 

      4.  Any person violating the provisions of subsection 1 or 2, directly or indirectly, shall forfeit his office, and shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment [.] in the state prison for not less than 1 year nor more than 5 years, or by both fine and imprisonment.

 

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CHAPTER 10, AB 46

Assembly Bill No. 46–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 10

AN ACT to amend NRS section 123.140, relating to the execution and recording of an inventory of the separate property of the wife, by providing that money need not be included in the inventory.

 

[Approved February 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 123.140 is hereby amended to read as follows:

      123.140  1.  A full and complete inventory of the separate property of the wife, exclusive of money, [in specie,] must be made out and signed by her, acknowledged or proved in the manner required for the acknowledgment or proof of a conveyance of real property, and shall be recorded, if she be a resident of this state, in the office of the recorder of the county in which she resides. If any real property lying in another county be included in the inventory, then the inventory shall be also recorded in the office of the recorder of such other county.

      2.  If the wife is not a resident of this state, the inventory shall be recorded in the office of the recorder of each county where any portion of the property, real or personal, is situated, located or used.

      3.  From time to time thereafter, a further and supplemental inventory shall be made out, signed, acknowledged or proved, and recorded in like manner, of all other separate property afterward acquired by the wife, excepting money, [while in specie and unconverted,] and the rents, issues and profits of her separate property, included in the original or any subsequent inventory, if the same be in money. [, so long as it shall remain in specie and unconverted.]

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

 

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ê1959 Statutes of Nevada, Page 10ê

 

CHAPTER 11, AB 48

Assembly Bill No. 48–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 11

AN ACT to amend NRS section 200.410, relating to the punishment for fighting a duel when death ensues, by adding a day to the time within which death must occur; to amend NRS section 200.440, relating to posting a person for not fighting, by changing the place of imprisonment for such action to the county jail; and providing other matters properly relating thereto.

 

[Approved February 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 200.410 is hereby amended to read as follows:

      200.410  If any person [shall,] fights, by previous appointment or agreement, [fight] a duel with a rifle, shotgun, pistol, bowie knife, dirk, smallsword, backsword, or other dangerous weapon, and in so doing [shall kill] kills his antagonist, or any person or persons, or [shall inflict] inflicts such wound [as] that the party or parties injured [shall] die thereof within [1] a year and a day thereafter, every such offender [shall be deemed] is guilty of murder in the first degree, and upon conviction thereof shall be punished accordingly.

      Sec. 2.  NRS 200.440 is hereby amended to read as follows:

      200.440  If any person [shall post] posts another, or in writing, print or orally [shall use] uses any reproachful or contemptuous language to or concerning another, for not fighting a duel, or for not sending or accepting a challenge, he shall be imprisoned in the [state prison] county jail for a term not less than 6 months nor more than 1 year, and fined in any sum not less than $500 nor exceeding $1,000.

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

 

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CHAPTER 12, AB 43

Assembly Bill No. 43–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 12

AN ACT to amend NRS section 107.080, relating to trustee’s power of sale of real property transferred to secure an obligation or debt, by clarifying the application of previous amendments.

 

[Approved February 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 107.080 is hereby amended to read as follows:

      107.080  1.  Where any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation, for which such transfer is security.

      2.  The power of sale shall not be exercised, however, until:

      (a) [The] In the case of any trust agreement coming into force on or after July 1, 1949, and before July 1, 1957, the grantor has for a period of 15 days failed to make good his deficiency in performance or payment, and, in the case of any trust agreement coming into force on or after July 1, 1957, the grantor has for a period of 35 days failed to make good his deficiency in performance or payment; and

 


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ê1959 Statutes of Nevada, Page 11 (Chapter 12, AB 43)ê

 

or after July 1, 1949, and before July 1, 1957, the grantor has for a period of 15 days failed to make good his deficiency in performance or payment, and, in the case of any trust agreement coming into force on or after July 1, 1957, the grantor has for a period of 35 days failed to make good his deficiency in performance or payment; and

      (b) The beneficiary shall first record in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of such breach and of his election to sell or cause to be sold such property to satisfy the obligation; and

      (c) Not less than 3 months shall thereafter elapse before the making of such sale.

      3.  The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, prior to the making thereof, give notice of the time and place thereof in the manner and for a time not less than that required by law for the sale or sales of real property upon execution. The sale itself may be made at the office of the trustee, if the notice so provided, whether the property so conveyed in trust is located within the same county as the office of the trustee or not.

      4.  Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor without equity or right of redemption.

      [5.  Nothing in this section shall be construed to affect or violate trust agreements in force on July 1, 1949.]

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

 

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CHAPTER 13, AB 44

Assembly Bill No. 44–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 13

AN ACT to amend NRS section 344.070, relating to copyright of publications of the State of Nevada, by conforming law to requirements of United States statutes and by designating the appropriate fund to be charged for costs of copyrighting.

 

[Approved February 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 344.070 is hereby amended to read as follows:

      344.070  1.  The superintendent of state printing is authorized to [have] secure copyright under the laws of the United States in all publications issued by the State of Nevada, [copyrighted under the laws of the United States,] the copyright to be [issued] secured in the name of the [superintendent of state printing.] State of Nevada.

      2.  All costs and charges incurred in copyrighting such publications shall be charged against the state [library] printing fund, and shall be paid in the same way as other charges are paid by the state.

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

 

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ê1959 Statutes of Nevada, Page 12ê

 

CHAPTER 14, AB 40

Assembly Bill No. 40–Mr. Ryan

CHAPTER 14

AN ACT to amend NRS section 286.070, defining “public employer” for the purposes of the Public Employees’ Retirement Act, to include the Las Vegas Valley Water District.

 

[Approved February 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 286.070 is hereby amended to read as follows:

      286.070  As used in this chapter, “public employer” means the state, one of its agencies or one of its political subdivisions, [and] irrigation districts created under the laws of the State of Nevada [.] , and the Las Vegas Valley Water District, created pursuant to chapter 167, Statutes of Nevada 1947, as amended.

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

 

________

 

 

CHAPTER 15, AB 106

Assembly Bill No. 106–Mr. Humphrey (Washoe)

CHAPTER 15

AN ACT to amend NRS section 258.150, relating to fees of constables of Washoe County, by eliminating specific reference to Justices’ Courts Rule 55.

 

[Approved February 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 258.150 is hereby amended to read as follows:

      258.150  1.  All constables of the townships in Washoe County shall charge and collect the following fees:

 

For serving summons or other process by which suit is commenced in civil cases.......................................................................................................................   $1.00

For summoning a jury before a justice of the peace in civil cases..........      1.00

For taking a bond or undertaking..................................................................      1.00

For serving attachment against the property of any defendant..............      1.00

For serving a subpena in civil actions............................................................      1.00

But where more than one subpena is necessary in any one action the fees for such service shall not exceed $2 for each litigant.

For a copy of any writ, process or other paper when required by law.....        .50

But no more than 50 cents shall be charged for the service of a copy of affidavit and order under [Justices’ Courts Rule 55.] a rule of court.

For drawing and executing every constable’s deed, to be paid by the grantee, who shall also pay for the acknowledgment thereof...........................      2.00

For each certificate of sale of real property, under execution..................      1.00

 


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

ê1959 Statutes of Nevada, Page 13 (Chapter 15, AB 106)ê

 

For levying an execution, or executing an order of arrest in civil cases, or order for the delivery of personal property......................................................   $1.00

For making and posting notices of sale, on execution, not to include the cost of publication in newspapers, each..............................................................        .50

For mileage in serving any paper mentioned in this subsection, for each mile necessarily traveled, in going only...........................................................        .50

But when two or more persons are to be served with the same paper in the same action, mileage shall only be charged for the most distant if they live in the same direction.

 

      2.  A constable shall also be allowed, for receiving and taking care of property on attachment, execution or order, his actual necessary expenses, to be allowed by the justice of the peace who issued the attachment, execution or order upon affidavit of the constable that such charges are correct and the expenses necessarily incurred.

      3.  All fees shall be accounted for and paid over monthly, not later than the 10th day of the next succeeding month in which such fees are collected, by the constable to the county treasurer of Washoe County, unless the board of county commissioners of Washoe County shall direct otherwise.

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

 

________

 

 

CHAPTER 16, AB 52

Assembly Bill No. 52–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 16

AN ACT to amend NRS sections 278.040 and 278.100, relating to the appointment, terms, compensation, removal and number of members of city, county and regional planning commissions, by limiting the terms of members to 4 years and preserving existing terms; and providing other matters properly relating thereto.

 

[Approved February 15, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 278.040 is hereby amended to read as follows:

      278.040  1.  Six members of the planning commission shall be appointed by the chief executive officer of the city, or in the case of a county by the chairman of the board of county commissioners, with the approval of the governing body. The appointed members shall hold no other public office, except that one such appointed member may be a member of the zoning board of adjustment.

      2.  The chief engineer or surveyor or his designated deputy and two other officials, one of whom may be a member of the governing body, shall be ex officio members.


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

ê1959 Statutes of Nevada, Page 14 (Chapter 16, AB 52)ê

 

      3.  All members of the commission shall serve as such without compensation excepting reasonable traveling expenses made necessary in the fulfillment of their duties.

      4.  The term of each [appointed] member appointed after the effective date of this act shall be [6] 4 years, or until his successor takes office, except that the [respective] terms of [5] 2 of the members first appointed shall be [1, 2, 3, 4 and 5] 3 years [.], and the respective terms of 2 members first appointed shall be 1 and 2 years. Members appointed prior to the effective date of this act may serve the balance of the term for which they were appointed.

      5.  Members may be removed, after public hearing, by a majority vote of the governing body for inefficiency, neglect of duty or malfeasance of office.

      6.  Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term.

      Sec. 2.  NRS 278.100 is hereby amended to read as follows:

      278.100  1.  The ordinance shall specify the membership of the commission, which shall consist of not less than 6 members or more than 12 members.

      2.  The ordinance shall provide that the [appointment of each member shall be for a term of 6 years, or until his successor takes office, except that the respective terms of 5 of the members first appointed shall be 1, 2, 3, 4, and 5 years.] term of each member appointed after the effective date of this act shall be 4 years, or until his successor takes office, except that the terms of 2 of the members first appointed shall be 3 years, and the respective terms of 2 members first appointed shall be 1 and 2 years. Members appointed prior to the effective date of this act may serve the balance of the term for which they were appointed. No more than one-third of the members shall hold any other public office.

      3.  The governing body creating the commission shall, by resolution, provide what compensation, if any, each of the members shall receive for his services as a member.

      4.  Members may be removed, after public hearing, by a majority vote of the governing body, for inefficiency, neglect of duty or malfeasance of office.

      5.  All appointments to fill vacancies shall be for the unexpired term.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 15ê

 

CHAPTER 17, SB 80

Senate Bill No. 80–Senators Slattery and Settelmeyer

CHAPTER 17

AN ACT creating the Nevada Silver Centennial commission, providing for the organization of such commission and its powers and duties; creating a Nevada Silver Centennial fund; providing an appropriation; and providing other matters properly relating thereto.

 

[Approved February 17, 1959]

 

      Whereas, During the year 1959 the people of the State of Nevada will celebrate, with creditable pageantry and commemoration, the one-hundredth anniversary of the discovery of silver by Henry T. P. Comstock at Virginia City, Nevada, which became one of the richest and most famous mining communities of all times; and

      Whereas, It was at the special instance and request of President Abraham Lincoln that statehood for Nevada was sought and passed, so that throughout the great conflict between the states the producing treasure of Virginia City aided mightily the cause of the Union in winning ultimate victory; and

      Whereas, The magnificent fortitude those thousands displayed, the romance, the tragedies which befell them, and their efforts-sometimes fantastic, sometimes glorious-to recreate on this western frontier the culture of the civilizations from whence they came, have blended into song and story and a saga of romance and heroism which belongs to the whole world; and

      Whereas, the staging of the Silver Centennial celebrations and programs will be of great benefit to all of the people of Nevada; now, therefore,

 

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

do enact as follows:

 

      Section1.  There is hereby created the Nevada Silver Centennial commission which shall consist of the members of the board of directors of Nevada Silver Centennial Committee, a corporation organized and existing under and by virtue of the provisions of NRS 86.010 to 86.090, inclusive, and incorporated on July 15, 1957. No salary or other compensation shall be paid any member of the commission for his services.

      Sec. 2.  The commission shall designate one of its members as chairman. Meetings of the commission shall be held at such times and places as the chairman or a majority of its members shall designate. Three members of the commission shall constitute a quorum for all purposes and the affirmative votes of a majority of the members present shall be necessary for the adoption or promulgation of any rule, regulation or order of the commission.

      Sec. 3.  The powers and duties of the commission shall be to aid, support and give all possible assistance in the promotion, organization and staging of programs and celebrations at Virginia City, Nevada, and other cities, towns and communities of Nevada, commemorating the first discovery of silver in the United States at Virginia City, Nevada, in the year 1859.


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

ê1959 Statutes of Nevada, Page 16 (Chapter 17, SB 80)ê

 

      Sec. 4.  For the purpose of enabling the commission to perform the powers and duties enumerated in section 3, there is hereby created in the state treasury the Nevada Silver Centennial fund. Moneys for such fund shall be provided by direct legislative appropriation. Moneys in such fund shall be paid out on claims certified by the commission in the same manner as other claims against the state are paid.

      Sec. 5.  There is hereby appropriated to the Nevada Silver Centennial fund, from the general fund in the state treasury, the sum of $25,000.

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

 

________

 

 

CHAPTER 18, SB 75

Senate Bill No. 75–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Legislative Commission)

CHAPTER 18

AN ACT to provide for an oil portrait of Charles H. Russell, former governor of the State of Nevada, to create a fund and to provide an appropriation therefor.

 

[Approved February 17, 1959]

 

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

do enact as follows:

 

      Section1.  There is hereby created a fund to be known as the Charles H. Russell portrait fund.

      Sec. 2.  There is hereby appropriated to the Charles H. Russell portrait fund from the general fund in the state treasury the sum of $2,000.

      Sec. 3.  The legislative commission is hereby authorized to enter into a contract with an artist for the purpose of procuring a portrait of Charles H. Russell, former governor of the State of Nevada.

      Sec. 4.  The portrait shall be painted in oil colors and appropriately framed. The painting and framing shall be done in the same manner, style and size as other portraits of former governors of the State of Nevada now being displayed in the capitol corridor.

      Sec. 5.  The contract price shall not exceed $2,000, and shall include the cost of the portrait and the frame.

      Sec. 6.  The portrait and frame shall be subject to the approval of our former governor, Charles H. Russell.

      Sec. 7.  Upon delivery of the approved framed portrait to the secretary of state and its acceptance by the legislative commission, the state controller shall draw his warrant in an amount equal to the contract price, and the state treasurer shall pay such warrant from the Charles H. Russell portrait fund. Any balance remaining in the Charles H. Russell portrait fund shall immediately revert to the general fund.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 17ê

 

CHAPTER 19, AB 76

Assembly Bill No. 76–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 19

AN ACT to amend NRS sections 34.380 and 34.560, relating to granting and denying writs of habeas corpus by supreme court justices and district court judges and appeals therefrom, and to the power of a judge to commit a party to the custody of another, by providing for a stay of enforcement of such a commitment and a right to appeal therefrom when such party is committed to the custody of an officer from a foreign jurisdiction; and by correcting a typographical error.

 

[Approved February 17, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 34.380 is hereby amended to read as follows:

      34.380  1.  The writ of habeas corpus may be granted by each justice of the supreme court or judges of district courts at any time; provided:

      (a) Each of the justices of the supreme court shall have power to issue writs of habeas corpus to any part of the state, on petition by, or on behalf of any person held in actual custody, and may make such writ returnable before himself or before the supreme court, or before any district court in the state or before any judge of the district court, as provided in section 4 of article VI of the [Constitution] constitution of Nevada.

      (b) District judges shall have the power only to issue writs of habeas corpus on petition by, or in behalf of, any person held in actual custody within the judicial district of the district judge to whom application for the writ shall be made, as provided in section 6 of article VI of the [Constitution] constitution of Nevada.

      2.  When an application is made to a justice of the supreme court for a writ of habeas corpus and the same shall be entertained by the justice, or the supreme court, and thereafter denied, the person making such application shall not have the right, nor the power, to submit thereafter an application to the district judge of the district wherein such applicant is held in custody, nor to any other district judge in any other judicial district of the state, which application shall be premised upon the illegality of the same charge upon which such applicant is held in custody.

      3.  An applicant who has petitioned the district judge of a judicial district, as provided in this chapter, and whose application for such writ is denied, may appeal to the supreme court from the order and judgment of the district judge or district court refusing to grant the writ or to discharge the applicant, but such appeal shall be taken within 30 days from the day of entry of the order or judgment.

      4.  The State of Nevada is an interested party in habeas corpus proceedings, and, in the event the district judge or district court to whom or to which an application for a writ of habeas corpus has been made shall grant such writ, then the district attorney of the county in which the application for the writ was made, or the attorney general in behalf of the state, may appeal to the supreme court from the order of the district judge granting the writ and discharging the applicant; but such appeal shall be taken within 20 days from the day of entry of the order.


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

ê1959 Statutes of Nevada, Page 18 (Chapter 19, AB 76)ê

 

of the district judge granting the writ and discharging the applicant; but such appeal shall be taken within 20 days from the day of entry of the order.

      5.  NRS 1.230 shall be applicable to the proceedings set forth herein.

      Sec. 2.  NRS 34.560 is hereby amended to read as follows:

      34.560  1.  In cases where any party is held under illegal restraint or custody, or any other person is entitled to the restraint or custody of such party, the judge may order such party to be committed to the restraint or custody of such person as is by law entitled thereto.

      2.  If a party is ordered committed to the restraint or custody of an officer from a jurisdiction outside the State of Nevada, the district judge ordering such commitment shall stay the enforcement thereof for 5 days, during which time an aggrieved party may file a notice of appeal therefrom to the supreme court.

      3.  Upon the filing of a notice of appeal as provided in subsection 2, the enforcement of such order of commitment shall be stayed during the pendency of the appeal.

      4.  During any period of stay as provided in this section, the local officer having custody of such party shall retain custody thereof.

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

 

________

 

 

CHAPTER 20, AB 148

Assembly Bill No. 148–Messrs. Bastian and Swackhamer

CHAPTER 20

AN ACT to appropriate $100,000 for the defense of a certain suit wherein Los Angeles & Salt Lake Railroad Company, Union Pacific Railroad Company and Oregon Short Line Railroad Company, corporations, are plaintiffs and the State of Nevada, the Nevada tax commission, the counties of Clark, Elko and Lincoln, and certain county officers are defendants; and for the defense of any other suit or suits of a similar nature hereafter commenced against the state, the Nevada tax commission or any county of this state.

 

[Approved February 17, 1959]

 

      Whereas, The State of Nevada, the Nevada tax commission and the counties of Elko, Lincoln and Clark have recently been named defendants in a suit by a major interstate railroad endeavoring to recover approximately 50 percent of its tax payments for 1957-1958 and to obtain similar relief in future assessments; and

      Whereas, Other suits or consolidation in this suit may follow, affecting many additional counties; and

      Whereas, Such suit may become the most important tax suit in the history of the state, and the outcome could vitally affect our entire revenue system; now, therefore

 

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

do enact as follows:

 

      Section1.  For the use of the Nevada tax commission and the attorney general in defending that certain action entitled Los Angeles & Salt Lake Railroad Company, Union Pacific Railroad Company and Oregon Short Line Railroad Company, corporations, Plaintiffs, vs.


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

ê1959 Statutes of Nevada, Page 19 (Chapter 20, AB 148)ê

 

Oregon Short Line Railroad Company, corporations, Plaintiffs, vs. The State of Nevada; The Nevada Tax Commission; The County of Clark; The County of Lincoln; and The County of Elko, political subdivisions of the State of Nevada; et al., Defendants, being case number 21680 in the First Judicial District Court of the State of Nevada, In and for the County of Ormsby, and filed December 4, 1958; and in defending any other suit or suits of a similar nature which may hereafter be commenced against the State of Nevada, the Nevada tax commission or any county of this state, there is hereby appropriated from the general fund in the state treasury, the sum of $100,000.

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

 

________

 

 

CHAPTER 21, AB 81

Assembly Bill No. 81–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 21

AN ACT to amend NRS section 171.155 defining the term “peace officer” to include Nevada highway patrol personnel within the definition under certain circumstances.

 

[Approved February 17, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 171.155 is hereby amended to read as follows:

      171.155  Peace officers are the bailiff of the supreme court, sheriffs of counties, constables, members of the Nevada state police, personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180, marshals and policemen of cities and towns, respectively.

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

 

________

 

 

CHAPTER 22, AB 73

Assembly Bill No. 73–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 22

AN ACT to amend NRS section 205.065 relating to the presumption of intent in the crime of burglary.

 

[Approved February 17, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 205.065 is hereby amended to read as follows:

      205.065  Every person who shall unlawfully break and enter or unlawfully enter any [building or structure enumerated in NRS 205.060] house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or housetrailer, or railroad car shall be deemed to have broken and entered or entered the same with intent to commit grand or petit larceny or a felony therein, unless such unlawful breaking and entering or unlawful entry shall be explained by testimony satisfactory to the jury to have been made without criminal intent.


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

ê1959 Statutes of Nevada, Page 20 (Chapter 22, AB 73)ê

 

mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or housetrailer, or railroad car shall be deemed to have broken and entered or entered the same with intent to commit grand or petit larceny or a felony therein, unless such unlawful breaking and entering or unlawful entry shall be explained by testimony satisfactory to the jury to have been made without criminal intent.

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

 

________

 

 

CHAPTER 23, AB 71

Assembly Bill No. 71–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 23

AN ACT to amend NRS section 200.310, relating to kidnaping, to correct an error in punctuation.

 

[Approved February 17, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 200.310 is hereby amended to read as follows:

      200.310  1.  Every person who shall willfully seize, confine, inveigle, entice, decoy, abduct, conceal, kidnap or carry away any individual human being by any means whatsoever with the intent to hold or detain, or who holds or detains, such individual for ransom, or reward, or for the purpose of committing extortion or robbery upon or from such individual, or to exact from relatives, friends, or other person any money or valuable thing for the return or disposition of such kidnaped person, and every person who leads, takes, entices, or carries away or detains any minor with the intent to keep, imprison, or confine it from its parents, guardians, or any other person having lawful custody of such minor, or with the intent to hold such minor to unlawful service, or perpetrate upon the person of such minor any unlawful act shall be deemed guilty of kidnaping in the first degree.

      2.  Every person who shall willfully and without authority of law seize, inveigle, take, carry away or kidnap another person with the intent to keep such person secretly imprisoned within the state, or for the purpose of conveying such person out of the state without authority of law, or in any manner held to service or detained against his will, shall be deemed guilty of kidnaping in the second degree.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 21ê

 

CHAPTER 24, AB 70

Assembly Bill No. 70–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 24

AN ACT to amend NRS section 185.090 relating to certain conditions when a justice’s court may proceed to try a criminal action.

 

[Approved February 17, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 185.090 is hereby amended to read as follows:

      185.090  Upon a plea other than a plea of guilty, unless a jury is demanded or an adjournment or change of venue is [not] granted, the court may proceed to try the case.

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

 

________

 

 

CHAPTER 25, AB 67

Assembly Bill No. 67–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 25

AN ACT to amend NRS section 133.090 relating to the requirements for holographic wills.

 

[Approved February 17, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 133.090 is hereby amended to read as follows:

      133.090  1.  A holographic will is one that is entirely written, dated and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of this state and need not be witnessed.

      2.  [Except as provided in NRS 133.030, every] Every person of sound mind, over the age of 18 years, including married women, may, by last holographic will, dispose of all of his or her estate, real or personal, the same being chargeable with the payment of the testator’s debts.

      3.  Such wills shall be valid and have full effect for the purpose for which they are intended.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 22ê

 

CHAPTER 26, AB 66

Assembly Bill No. 66–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 26

AN ACT to amend NRS section 7.030 relating to oaths and fees required of attorneys at law.

 

[Approved February 17, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 7.030 is hereby amended to read as follows:

      7.030  Every person, before receiving a license to practice law, shall:

      1.  Take, before some officer authorized by the laws of this state to administer oaths, the oath prescribed by [law.] rule of the supreme court.

      2.  Pay to the clerk of the supreme court the sum of $25. The clerk of the supreme court shall remit the fees to the state treasurer as provided by subsection 7 of NRS 2.250. The moneys so received by the state treasurer shall be placed in the general fund.

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

 

________

 

 

CHAPTER 27, AB 63

Assembly Bill No. 63–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 27

AN ACT to amend NRS section 40.170, relating to treble damages for the forcible or unlawful entry in or upon, or detention of, any building or uncultivated real property, by providing that damages may be trebled for a forcible or unlawful entry upon, or detention of, uncultivated or cultivated real property.

 

[Approved February 17, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 40.170 is hereby amended to read as follows:

      40.170  If a person recover damages for a forcible or unlawful entry in or upon, or detention of, any building or any uncultivated or cultivated real property, judgment may be entered for three times the amount at which the actual damages are assessed.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 23ê

 

CHAPTER 28, AB 61

Assembly Bill No. 61–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 28

AN ACT to amend NRS section 154.140, relating to moneys which accrue to the state from escheated estates, by providing that all such moneys shall be paid into the state permanent school fund instead of the general fund.

 

[Approved February 17, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 154.140 is hereby amended to read as follows:

      154.140  All moneys which have accrued or may hereafter accrue to the state from escheated estates shall be paid into the [general fund, but may only be used for educational purposes.] state permanent school fund.

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

 

________

 

 

CHAPTER 29, AB 59

Assembly Bill No. 59–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 29

AN ACT to amend NRS section 108.500, relating to sales of personal property held under an innkeeper’s lien, by specifying the fund into which the proceeds of such sale shall be paid.

 

[Approved February 17, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 108.500 is hereby amended to read as follows:

      108.500  1.  All sales made under NRS 108.480 and 108.490 shall be made at public auction.

      2.  No sale shall be valid unless notice of the sale is published at least once a week for 2 successive weeks prior to the sale, in some newspaper published in the county in which the sale is to take place, or, in case no newspaper is published therein, by posting notices at least 10 days prior to the sale in at least 3 public places in the county, 2 of which shall be in the township where the property is to be offered for sale.

      3.  The notice shall:

      (a) Give a description of the property to be sold.

      (b) Give the time and place of the sale.

      (c) Give the name of the hotel, inn, motel, motor court, boardinghouse or lodging house at which the property or baggage was left.

      (d) Give the name of the owner of the property when known.

      (e) Be signed by the person conducting the sale.

      4.  If the name and residence of the owner of the property upon which the lien is to be foreclosed is known, a copy of the notice shall, at the time of the posting or publication, be delivered to him, if he resides in the county; otherwise, it shall be mailed to him at his last-known place of residence.


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ê1959 Statutes of Nevada, Page 24 (Chapter 29, AB 59)ê

 

at the time of the posting or publication, be delivered to him, if he resides in the county; otherwise, it shall be mailed to him at his last-known place of residence.

      5.  After paying all costs of keeping the property until the time of sale, the reasonable costs of the sale and the amount due the lien claimant, the remainder, if any, shall be paid to the county treasurer of the county in which the lien is foreclosed with a statement of the innkeeper’s claim, the costs of enforcing it, a copy of the published or posted notice, and the amount received for the property sold at the sale. The residue shall be [credited by the county treasurer to] paid into the county school district fund [,] or the joint school district fund, if the county school district is included in a joint school district, subject to a right of the guest or boarder, or his representative, to reclaim it within 6 months from the date of the deposit.

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

 

________

 

 

CHAPTER 30, AB 58

Assembly Bill No. 58–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 30

AN ACT to amend NRS section 204.010, relating to the unlawful use of public money, by providing that the unlawful use of public money in the amount of $100 or less is a misdemeanor.

 

[Approved February 17, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 204.010 is hereby amended to read as follows:

      204.010  Every public officer or other person who shall have in his possession, control or custody any public money belonging to this state, or to any county, town, city, district or municipal corporation within this state, or to whom any such public money shall be entrusted for safekeeping, or for transmission to any treasurer, other officer or person entitled to receive the same, who shall use any of such public money for his own private purposes, or for any purpose other than one duly authorized by law, shall, if the amount so unlawfully used be [$50] $100 or less, be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not less than $100 and not more than $500, or by imprisonment in the county jail not less than 1 month nor more than 6 months, or by both fine and imprisonment.

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

 

________

 

 


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

ê1959 Statutes of Nevada, Page 25ê

 

CHAPTER 31, AB 57

Assembly Bill No. 57–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 31

AN ACT to amend NRS section 17.190, relating to inserting a computation of interest and costs in a judgment, by providing for insertion in the judgment of a computation of the costs if costs are not ascertained and included in the judgment when it is entered; by deleting the requirement that a computation of interest be included in the judgment; and providing other matters properly relating thereto.

 

[Approved February 17, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 17.190 is hereby amended to read as follows:

      17.190  1.  Included in any judgment filed shall be a computation of [Any interest on the verdict or decision of the court, from the time it was rendered or made, and] the costs, if [the same] they have been [taxed or] ascertained. The clerk [must] shall insert a computation of the costs in the copies and docket of the judgment.

      2.  If costs are not ascertained or included in the judgment at the time of entry, the clerk shall, within 2 days after costs are ascertained, insert the same in a blank left in the judgment for that purpose and shall make a similar insertion of costs in the copies and docket of the judgment.

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

 

________

 

 

CHAPTER 32, AB 54

Assembly Bill No. 54–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 32

AN ACT to amend NRS section 282.200, relating to the forfeiture of office or appointment upon failure to file a bond when required, and to suspension of the functions of sheriff upon release of sureties, by providing that the county clerk shall succeed to the office of sheriff during a suspension of the sheriff’s functions upon release of sureties; and providing other matters properly relating thereto.

 

[Approved February 17, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 282.200 is hereby amended to read as follows:

      282.200  1.  If any officer or person [shall fail] fails within 10 days from the date of a personal service, or within 30 days from the date of the first insertion of a publication or posted service, to file a new or additional bond or undertaking, the office or appointment of the person or officer so failing shall become vacant, and such officer or person shall forfeit his office or appointment. The office or appointment shall be filled as in other cases of vacancy, and in the manner provided by law, and the person applying to be released from liability on the bond or undertaking shall not be liable thereon after the date provided for the vacating and forfeiting of such office or appointment.


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

ê1959 Statutes of Nevada, Page 26 (Chapter 32, AB 54)ê

 

and the person applying to be released from liability on the bond or undertaking shall not be liable thereon after the date provided for the vacating and forfeiting of such office or appointment.

      2.  If a number of sureties on any bond or undertaking, representing half the amount of the penalty thereof, [shall] unite in the same, or file and serve separate statements as provided in NRS 282.180 to 282.220, inclusive, the right of such officer or person to exercise the duties and functions of his office or appointment [shall] immediately [cease] ceases until he [shall file] files and [have] has accepted and approved a new or additional bond or undertaking.

      3.  Whenever, by operation of NRS 282.180 to 282.220, inclusive, the functions of any sheriff [shall] become suspended, [the clerk with whom the statement shall have been filed, as provided in NRS 282.190, shall notify the coroner of the county forthwith of such suspension; and upon being so notified,] the [coroner] county clerk shall succeed to all the powers and discharge all the duties of the sheriff of his county, during such suspension of the functions of the sheriff.

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

 

________

 

 

CHAPTER 33, AB 26

Assembly Bill No. 26–Mr. Nevin

CHAPTER 33

AN ACT providing an additional and supplemental appropriation for the support of the office of the secretary of state for the biennium ending June 30, 1959.

 

[Approved February 17, 1959]

 

      Whereas, By section 4 of chapter 391, Statutes of Nevada 1957, there was appropriated for the general support of the office of the secretary of state the sum of $131,715; and

      Whereas, By the provisions of NRS 296.210, the secretary of state is required to print and distribute to county clerks copies of the state’s election laws; and

      Whereas, The costs of printing such election laws during the year 1958 exceeded previous estimates by the sum of $1,496, and there will be a deficiency for the fiscal year ending June 30, 1959; now, therefore,

 

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

do enact as follows:

 

      Section1.  For the biennium ending June 30, 1959, there is hereby appropriated from the general fund in the state treasury the sum of $1,496 for the general support of the office of the secretary of state as an additional and supplemental appropriation to that allowed and made by section 4 of chapter 391, Statutes of Nevada 1957.

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

 

________

 

 


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

ê1959 Statutes of Nevada, Page 27ê

 

CHAPTER 34, SB 85

Senate Bill No. 85–Senator Lamb

CHAPTER 34

AN ACT to amend NRS section 294.365, relating to rules of county and state conventions of political parties, by requiring that a person acting as a proxy for a delegate to a state or county party convention be a member of the same political party as the delegate he represents, and by prohibiting adoption or application of the so-called unit rule of voting in the proceedings of any such convention.

 

[Approved February 20, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 294.365 is hereby amended to read as follows:

      294.365  1.  Except as otherwise prescribed in this chapter, the state and county party conventions may each adopt its own rules, and each shall be the judge of the election of its own delegates.

      2.  In case of the inability of a delegate personally to attend a state or county convention, he may be represented and act by a duly appointed proxy; but no person shall be entitled to act either as a delegate or as a proxy at any convention unless he is a duly qualified elector of the county or precinct which he seeks to represent [.] , nor may he act as a proxy unless he is a member of the same political party as the delegate he represents.

      3.  Adoption or application of the so-called unit rule of voting, whereby the votes of all delegates from any precinct or precincts, or county or counties, are required to be cast in the manner determined by the majority of delegates from such precinct or precincts, county or counties, and against the protest of a minority of such delegates, in the proceedings of any state or county party convention is prohibited.

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

 

________

 

 

CHAPTER 35, SB 88

Senate Bill No. 88–Senator Monroe

CHAPTER 35

AN ACT to amend NRS section 387.315, relating to statements of purpose accompanying orders for warrants, and to liability of school trustees, by requiring each order for warrant drawn by the clerk of the board of trustees of a school district to be accompanied by an invoice.

 

[Approved February 20, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 387.315 is hereby amended to read as follows:

      387.315  1.  Every order drawn by the clerk of the board of trustees of a school district shall be accompanied by an itemized statement of the purpose or purposes for which the order is issued [.] , and a true copy of an itemized invoice drawn by the person, association, firm or corporation in whose favor the order is drawn. The statement and a true copy of the invoice shall be filed in the office of the county auditor and shall be subject to inspection by the superintendent of public instruction and the deputy superintendent of public instruction of the proper educational supervision district.


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

ê1959 Statutes of Nevada, Page 28 (Chapter 35, SB 88)ê

 

a true copy of the invoice shall be filed in the office of the county auditor and shall be subject to inspection by the superintendent of public instruction and the deputy superintendent of public instruction of the proper educational supervision district. Statements and invoices shall be kept on file until ordered destroyed by the state board of education.

      2.  No order for the payment of money of any school district shall be issued by the clerk of the board of trustees unless there shall be in the county treasury, to the credit of the school district, a sum of money equal to the full amount for which the order is issued, and which sum is available for the purpose of the order.

      3.  If the clerk of any board of trustees shall draw any order for the payment of school moneys in violation of law, the members of the board of trustees shall be jointly and severally liable for the amount of the order.

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

 

________

 

 

CHAPTER 36, SB 58

Senate Bill No. 58–Senators Brown, Gallagher, Seevers, and Whitacre (by request of the Statute Revision Commission)

CHAPTER 36

AN ACT to amend NRS section 296.335 relating to the opening and counting of ballots in general elections and entries in pollbooks by the clerks of election.

 

[Approved February 20, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 296.335 is hereby amended to read as follows:

      296.335  1.  The ballots and poll lists agreeing, or being made to agree, the board shall then proceed to count and ascertain the number of votes cast and for whom cast.

      2.  When the count is completed, the clerks shall set down in their pollbooks the name of every person voted for, written at full length, the office for which such person received such votes, and the number he did receive, the number being expressed in writing at full length and also in figures. The entry shall be made, as nearly as the circumstances will admit, in the following form:

      At an election held at the house of W. X., in the town (or precinct) of ...................., in the County of ...................., and the State of Nevada, on the .................... day of ...................., A. D. ...................., the following-named persons received the number of votes annexed to their respective names for the following-described offices:

      A. B. had .......................................  votes for Representative in Congress.

      C. D. had .......................................  votes for state treasurer.

      E. F. had ........................................  votes for state controller.

      [G. H. had .....................................  votes for superintendent of public instruction.


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

ê1959 Statutes of Nevada, Page 29 (Chapter 36, SB 58)ê

 

      I. J.] G. H. had ..............................  votes for state senator.

      [K. L.] I. J. had .............................  votes for assemblyman.

      (And in like manner for any person voted for.)

 

Certified by us:

                                                                                                                        [M. N.,] K. L.,

                                                                                                                        [O. P.,] M. N.,

                                                                                                                         [Q. R.,] O. P.,

                                                                                                              Inspectors of Election.

 

                                                                ATTEST:                                        [S. T.,] Q. R.,

                                                                                                                          [U. V.,] S. T.,

                                                                                                                   Clerks of Election.

 

      3.  The vote for and against any question submitted to the electors shall be certified and returned in the same manner.

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

 

________

 

 

CHAPTER 37, AB 45

Assembly Bill No. 45–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 37

AN ACT to amend NRS section 78.105, relating to the duty of a private corporation to keep copies of articles and bylaws and a stock ledger, or duplicate thereof, or statement at its principal office in this state, by providing for availability of information in such statements and providing penalties for the failure to maintain a statement; to repeal NRS section 78.555 relating to the merger of certain railroad and bridge corporations; and providing other matters properly relating thereto.

 

[Approved February 20, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 78.105 is hereby amended to read as follows:

      78.105  1.  Every corporation shall keep and maintain at its principal office in this state:

      (a) A certified copy of its certificate of incorporation or articles of incorporation, and all amendments thereto; and

      (b) A certified copy of its bylaws and all amendments thereto; and

      (c) A stock ledger or a duplicate stock ledger, revised annually, containing the names, alphabetically arranged, of all persons who are stockholders of the corporation, showing their places of residence, if known, and the number of shares held by them respectively; or

      (d) In lieu of the stock ledger or duplicate stock ledger specified in paragraph (c), a statement setting out the name of the custodian of the stock ledger or duplicate stock ledger, and the present and complete post office address, including street and number, if any, where such stock ledger or duplicate stock ledger specified in this section is kept.


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

ê1959 Statutes of Nevada, Page 30 (Chapter 37, AB 45)ê

 

      2.  The stock ledger or duplicate thereof shall be open daily, except Sundays and holidays, during at least 2 business hours, for inspection by any judgment creditor of the corporation, or by any stockholder of such corporation, and persons who are entitled to inspect such stock ledger or the duplicate thereof may take extracts therefrom. Every corporation that [shall neglect or refuse] neglects or refuses to keep the stock ledger or duplicate copy thereof open for inspection, as in this subsection required, shall forfeit to the state the sum of $25 for every day of such neglect or refusal.

      3.  If any officer or agent of any such corporation [shall] willfully [neglect or refuse] neglects or refuses to make any proper entry in such stock ledger or duplicate copy thereof, or [shall neglect or refuse] neglects or refuses to exhibit any such stock ledger or duplicate thereof upon demand by a person entitled to inspect the same, or [shall refuse] refuses to permit extracts to be taken therefrom, as provided in this section, such corporation and such officer [and] or agent shall [each forfeit and pay] be jointly and severally liable to the person injured for all damages resulting to him therefrom.

      4.  When the corporation keeps and maintains a statement in the manner provided for in paragraph (d) of subsection 1, the information contained thereon shall be given to any judgment creditor of the corporation or to any stockholder of such corporation demanding such information, when the demand is made during business hours. Every corporation that neglects or refuses to keep such statement available, as in this subsection required, shall forfeit to the state the sum of $25 for every day of such neglect or refusal.

      5.  If any officer or agent of any such corporation willfully neglects or refuses to keep the statement current and accurate, or neglects or refuses to give the information contained thereon, upon demand, to a person entitled to such information, such corporation and such officer or agent shall be jointly and severally liable to the person injured for all damages resulting to him therefrom.

      [4.]6.  It shall be a defense, however, to any action for penalties under this section that the person suing has at any time sold, or offered for sale, any list of stockholders of such corporation, or any other corporation, or has aided or abetted any person in procuring any such stock list for any such purpose.

      [5.]7.  Nothing contained in this section, however, shall be deemed or construed in anywise to impair the power or jurisdiction of any court to compel the production for examination of the books of a corporation in any proper case.

      Sec. 2.  NRS 78.555 is hereby repealed.

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

 

________

 

 


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

ê1959 Statutes of Nevada, Page 31ê

 

CHAPTER 38, AB 87

Assembly Bill No. 87–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Legislative Commission)

CHAPTER 38

AN ACT to repeal NRS section 388.140, relating to the teaching in English of all subjects in public schools except foreign languages.

 

[Approved February 20, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 388.140 is hereby repealed.

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

 

________

 

 

CHAPTER 39, AB 118

Assembly Bill No. 118–Joint Committee of Agriculture and Irrigation, and Livestock

CHAPTER 39

AN ACT to amend NRS sections 662.180, 662.240, 673.280 and 682.340, relating to investments by banks, savings banks, trust companies, building and loan associations, savings and loan associations and domestic insurance companies, by providing that such banks, associations and companies may invest in obligations of federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, and in obligations issued by banks for cooperatives under the authority of the Farm Credit Act; and by providing other matters properly relating thereto.

 

[Approved February 20, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 662.180 is hereby amended to read as follows:

      662.180  1.  [It shall be legal for any] Any bank, trust company or savings bank operating under the laws of this state [to] may invest its funds or moneys in its custody in the bonds of the Home Owners’ Loan Corporation or in the bonds of any Federal home-loan bank or in consolidated Federal home-loan bank bonds, debentures or notes [.] or in farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by Federal land banks and Federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U. S. C. §§ 636 to 1012, inclusive, §§ 1021 to 1129, inclusive, as now or hereafter amended, and the bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act, 12 U. S. C. §§ 1131 to 1138e, inclusive, as now or hereafter amended.

      2.  Wherever, by the terms of any general or special law, depositaries of public or other funds are required by law to give security therefor, the bonds of any Federal home-loan bank or the bonds of the Home Owners’ Loan Corporation or consolidated Federal home-loan bank bonds, debentures or notes or farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by Federal land banks and Federal intermediate credit banks under the authority of the Federal Farm Loan Act,


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

ê1959 Statutes of Nevada, Page 32 (Chapter 39, AB 118)ê

 

under the authority of the Federal Farm Loan Act, 12 U. S. C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act, 12 U. S. C. §§ 1131 to 1138e, inclusive, as now or hereafter amended, may be used as security for any depositary bonds or obligations wherein any kind of bonds or other security are required or may by law be deposited as security.

      Sec. 2.  NRS 662.240 is hereby amended to read as follows:

      662.240  1.  The funds of any savings bank, except the reserve provided for in this Title:

      (a) Shall be invested in bonds of the United States, or of any state of the United States, or in the public debt or bonds of any county, city or school district of any state in the United States which shall have been lawfully issued, or in debentures issued by the Federal Housing Administrator, or in obligations of national mortgage associations, [;] or in farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by Federal land banks and Federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U. S. C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act, 12 U. S. C. §§ 1131 to 1138e, inclusive, as now or hereafter amended; or

      (b) May be loaned on negotiable paper secured by any of the classes of security mentioned in paragraph (a), or upon notes or bonds secured by a mortgage lien upon unencumbered real property; or

      (c) May be held as cash; or

      (d) May be deposited in [good] solvent banks.

      2.  The deposits in any bank shall not exceed 40 percent of the capital and surplus of the depositing bank.

      3.  Chattel mortgages [shall not be deemed] are not collateral security and savings banks [are prohibited from investing] may not invest their funds in them.

      Sec. 3.  NRS 673.280 is hereby amended to read as follows:

      673.280  [It shall be legal for any] Any building and loan association or company or savings and loan association or company [to] may invest its funds, or moneys in its custody, in the bonds of the Home Owners’ Loan Corporation or in the bonds of any Federal home-loan bank, or in consolidated Federal home-loan bank bonds, debentures or notes [.] , or in farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by Federal land banks and Federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U. S. C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act, 12 U. S. C. §§ 1131 to 1138e, inclusive, as now or hereafter amended.


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

ê1959 Statutes of Nevada, Page 33 (Chapter 39, AB 118)ê

 

      Sec. 4.  NRS 682.340 is hereby amended to read as follows:

      682.340  Any domestic company may invest in bonds or securities which are the direct obligations of the United States or which are secured or guaranteed as to principal and interest by the United States and in [bonds issued by the federal land banks.] farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by Federal land banks and Federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U. S. C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act, 12 U. S. C. §§ 1131 to 1138e, inclusive, as now or hereafter amended.

 

________

 

 

CHAPTER 40, AB 119

Assembly Bill No. 119–Joint Committee of Agriculture and Irrigation, and Livestock

CHAPTER 40

AN ACT to amend chapters 143, 159 and 164 of NRS, relating to powers and duties of executors and administrators, guardians and the administration of trusts, by providing that executors, administrators, guardians, trustees and other fiduciaries may invest in securities authorized by the Federal Farm Loan Act and the Farm Credit Act of 1933; to amend NRS sections 282.320, 355.120, 355.140, 355.170, 662.180, 662.240, 673.280 and 682.340, relating to investments by counties, the state board of finance, state departments and agencies, banks, trust companies, insurance companies and loan associations, by providing that such organizations, associations, companies, departments and agencies may invest certain funds in securities authorized under the Federal Farm Loan Act and the Farm Credit Act of 1933; and by providing other matters properly relating thereto.

 

[Approved February 20, 1959]

 

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

do enact as follows:

 

      Section1.  Chapter 143 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Executors and administrators may purchase, invest in, and dispose of farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U. S. C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U. S. C. §§ 1131 to 1138e, inclusive, as now or hereafter amended.

      Sec. 2.  Chapter 159 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Guardians may purchase, invest in and dispose of farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.


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

ê1959 Statutes of Nevada, Page 34 (Chapter 40, AB 119)ê

 

and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U. S. C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U. S. C. §§ 1131 to 1138e, inclusive, as now or hereafter amended.

      Sec. 3.  Chapter 164 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Trustees and other fiduciaries may purchase, invest in, and dispose of farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U. S. C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U. S. C. §§ 1131 to 1138e, inclusive, as now or hereafter amended.

      Sec. 4.  NRS 282.320 is hereby amended to read as follows:

      282.320  1.  The state board of finance shall:

      (a) Be charged with the administration of the bond trust fund.

      (b) Have full power to invest any money in or belonging to the bond trust fund in bonds or treasury certificates of the United States, state bonds, [or] bonds of the counties or any incorporated municipality of the State of Nevada [.] , farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U. S. C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U. S. C. §§ 1131 to 1138e, inclusive, as now or hereafter amended. Whenever there is sufficient money in the bond trust fund, the state board of finance shall proceed to invest the same.

      (c) Have power and authority to sell any bonds belonging to the bond trust fund as the occasion may require.

      2.  All premiums, together with all interest derived from investments, profits from exchange of bonds or resulting from any action of the state board of finance contemplated by NRS 282.230 to 282.350, inclusive, shall become and remain a part of the bond trust fund until the fund shall have reached the sum of $500,000. When bonds and money in the bond trust fund shall have reached the value of $500,000, all interest and profits from the same shall be distributed semiannually to the state general fund.

      Sec. 5.  NRS 355.120 is hereby amended to read as follows:

      355.120  The state board of finance [shall have the power to] may invest any available moneys in the state treasury, other than those in the state permanent school fund and those in the state insurance fund, in farm mortgage loans fully insured and guaranteed by the Farmers Home Administration of the United States Department of Agriculture [.]


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

ê1959 Statutes of Nevada, Page 35 (Chapter 40, AB 119)ê

 

Farmers Home Administration of the United States Department of Agriculture [.] , farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U. S. C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U. S. C. §§ 1131 to 1138e, inclusive, as now or hereafter amended.

      Sec. 6.  NRS 355.140 is hereby amended to read as follows:

      355.140  Any law of this state to the contrary notwithstanding, the following bonds and other securities, or either or any of them, are [and hereby are declared to be] proper and lawful investments of any of the funds of this state, and of its various departments, institutions and agencies, and of the state insurance fund:

      1.  Bonds and certificates of the United States;

      2.  Bonds of federal agencies where underwritten by or payment is guaranteed by the United States;

      3.  Bonds of this state or other states of the Union;

      4.  Bonds of any county of the State of Nevada or other states.

      5.  Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds when such bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;

      6.  General obligation bonds of irrigation districts and drainage districts in the State of Nevada which are liens upon the property within such districts, when the value of such property is found by the board or commission making such investments to render such bonds financially sound over and above all other obligations of such districts;

      7.  Bonds of school districts within the State of Nevada;

      8.  Bonds of any power district, water district, or power and water district having a population of not less than 200,000 persons and situated in two or more counties of the State of Nevada or of any other state, which bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation when such property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of such district;

      9.  Bonds authorized to be issued by sewage, water and garbage disposal districts pursuant to the provisions of chapter 310 of NRS;

      10.  Bonds authorized to be issued by water and sanitation districts pursuant to the provisions of chapter 311 of NRS;

      11.  Temporary or emergency loans to counties, cities and school districts authorized under the provisions of chapter 354 of NRS at an interest rate determined by the state board of finance; [and]

      12.  Loans bearing interest at a rate of not less than 6 percent per annum when secured by first mortgages on agricultural lands in the State of Nevada of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances; and

      13.  Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.


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

ê1959 Statutes of Nevada, Page 36 (Chapter 40, AB 119)ê

 

consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U. S. C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U. S. C. §§ 1131 to 1138e, inclusive, as now or hereafter amended;

except such funds or moneys the investment of which is governed by the provisions of the constitution of the State of Nevada, such as moneys for the benefit of the public schools of this state and for other educational purposes derived from land grants of the United States, escheat estates, gifts and bequests for educational purposes, fines, and from other sources, as provided for in section 3 of article XI of the constitution of this state, and except also such funds or moneys thereof as have been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof.

      Sec. 7.  NRS 355.170 is hereby amended to read as follows:

      355.170  1.  A board of county commissioners [is authorized] may purchase: [bonds]

      (a) Bonds and debentures of the United States, the maturity dates of which shall not extend more than 1 year from the date of purchase; [,]

      (b) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U. S. C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U. S. C. §§ 1131 to 1138e, inclusive, as now or hereafter amended;

when, in the opinion of the board of county commissioners, there [shall be] are sufficient moneys in any fund or funds in the county, the use of which for the purpose of purchasing the type of [bond] bonds herein referred to will not result in the impairment of such fund or funds for the purposes for which the same were created.

      2.  The board of county commissioners having determined that there are available moneys in any fund or funds for the purchase of bonds as set out in subsection 1, such purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds shall be credited to the funds in the amounts purchased, and the moneys received from the redemption of such bonds, as and when redeemed, shall go back into the fund or funds from which the purchase money was taken originally.

      Sec. 8.  NRS 662.180 is hereby amended to read as follows:

      662.180  1.  [It shall be legal for any] Any bank, trust company or savings bank operating under the laws of this state [to] may invest its funds or moneys in its custody in the bonds of the Home Owners’ Loan Corporation or in the bonds of any Federal home-loan bank or in consolidated Federal home-loan bank bonds, debentures or notes [.]


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ê1959 Statutes of Nevada, Page 37 (Chapter 40, AB 119)ê

 

in consolidated Federal home-loan bank bonds, debentures or notes [.] or in farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U. S. C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, or in bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U. S. C. §§ 1131 to 1138e, inclusive, as now or hereafter amended.

      2.  Wherever, by the terms of any general or special law, depositaries of public or other funds are required by law to give security therefor, [the bonds of any Federal home-loan bank or the bonds of the Home Owners’ Loan Corporation or consolidated Federal home-loan bank bonds, debentures or notes] any of the classes of securities named in subsection 1 may be used as security for any depositary bonds or obligations wherein any kind of bonds or other security are required or may by law be deposited as security.

      Sec. 9.  NRS 662.240 is hereby amended to read as follows:

      662.240  1.  The funds of any savings bank, except the reserve provided for in this Title:

      (a) Shall be invested in bonds of the United States, or of any state of the United States, or in the public debt or bonds of any county, city or school district of any state in the United States which [shall] have been lawfully issued, or in debentures issued by the Federal Housing Administrator, or in obligations of national mortgage associations [;] , or in farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U. S. C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, or in bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U. S. C. §§ 1131 to 1138e, inclusive, as now or hereafter amended; or

      (b) May be loaned on negotiable paper secured by any of the classes of security mentioned in paragraph (a), or upon notes or bonds secured by a mortgage lien upon unencumbered real property; or

      (c) May be held as cash; or

      (d) May be deposited in [good] solvent banks.

      2.  The deposits in any bank shall not exceed 40 percent of the capital and surplus of the depositing bank.

      3.  Chattel mortgages [shall] are not [be deemed] collateral security and savings banks are prohibited from investing their funds in them.

      Sec. 10.  NRS 673.280 is hereby amended to read as follows:

      673.280  [It shall be legal for any] Any building and loan association or company or savings and loan association or company [to] may invest its funds, or moneys in its custody, in the bonds of the Home Owners’ Loan Corporation or in the bonds of any federal home-loan bank, or in consolidated federal home-loan bank bonds, debentures or notes [.] or in farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.


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

ê1959 Statutes of Nevada, Page 38 (Chapter 40, AB 119)ê

 

debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U. S. C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, or in bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U. S. C. §§ 1131 to 1138e, inclusive, as now or hereafter amended.

      Sec. 11.  NRS 682.340 is hereby amended to read as follows:

      682.340  Any domestic company may invest in bonds or securities which are the direct obligations of the United States or which are secured or guaranteed as to principal and interest by the United States and in [bonds issued by the federal land bank.] farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U. S. C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and in bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U. S. C. §§ 1131 to 1138e, inclusive, as now or hereafter amended.

 

________

 

 

CHAPTER 41, AB 196

Assembly Bill No. 196–Committee on Ways and Means

CHAPTER 41

AN ACT providing an additional and supplemental appropriation for the payment of fire insurance premiums on state-owned property.

 

[Approved February 20, 1959]

 

      Whereas, By the provisions of section 57 of chapter 391, Statutes of Nevada 1957, there was appropriated the sum of $54,000 for the payment of fire insurance premiums on state-owned property for the 2 fiscal years beginning July 1, 1957, and ending June 30, 1959; and

      Whereas, Because of an increase in fire insurance rates and accelerated construction of state buildings the amount heretofore appropriated will be insufficient to pay necessary fire insurance premiums to June 30, 1959; now, therefore,

 

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

do enact as follows:

 

      Section1.  For the biennium ending June 30, 1959, there is hereby appropriated from the general fund in the state treasury the sum of $6,000 for payment of fire insurance premiums as an additional and supplemental appropriation to that allowed and made by section 57 of chapter 391, Statutes of Nevada 1957.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 39ê

 

CHAPTER 42, AB 209

Assembly Bill No. 209–Committee on Ways and Means

CHAPTER 42

AN ACT to provide an additional and supplemental appropriation for the support of the state planning board in carrying out the provisions of chapter 336, Statutes of Nevada 1957, relating to the design, construction and furnishing of a classroom building for art, music and drama at the University of Nevada, Reno, Nevada.

 

[Approved February 26, 1959]

 

      Whereas, Chapter 336, Statutes of Nevada 1957, authorizing the design, construction, and minimum furnishing of a fine arts building of the University of Nevada, Reno, Nevada; and

      Whereas, The state planning board on January 29, 1959, received sealed bids for the construction of that building; and

      Whereas, The acceptance of the lowest legal bid for providing the required stage rigging and draperies in the building exceeded available funds by $29,519.50; and

      Whereas, Such stage rigging and draperies are required for the immediate construction and future use of that building; now, therefore,

 

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

do enact as follows:

 

      Section1.  For the purpose of providing additional support of the state planning board in carrying out the provisions of chapter 336, Statutes of Nevada 1957, there is hereby appropriated from the general fund in the state treasury the sum of $29,519.50.

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

 

________

 

 

CHAPTER 43, AB 16

Assembly Bill No. 16–Mr. Harmon

CHAPTER 43

AN ACT to amend NRS section 245.040, relating to office hours of county officers, by requiring county clerks to keep their offices open for election purposes on election days during the hours when the polls are open for voting.

 

[Approved February 26, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 245.040 is hereby amended to read as follows:

      245.040  1.  Sheriffs, county recorders and county auditors, county clerks, county assessors and county treasurers shall keep an office at the county seat of their county which shall be kept open on all days except Sundays and nonjudicial days from 9 a. m. to 12 m., and on all days except Sundays, nonjudicial days and Saturdays from 1 p. m. to 5 p. m. for the transaction of public business, but nothing contained herein shall be construed so as to interfere with any duty now required of any public official under any of the election laws of this state.


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ê1959 Statutes of Nevada, Page 40 (Chapter 43, AB 16)ê

 

County clerks shall keep their offices open on all election days during the hours when the polls are open for voting but, except during regular office hours on such days, such offices shall be open for election purposes.

      2.  Notwithstanding the provisions of subsection 1, the board of county commissioners of any county may, by an order regularly made and entered in the records of its proceedings, designate the days and hours during which the offices of the sheriff, county recorder and county auditor, county clerk, county assessor and county treasurer shall be kept open for the transaction of public business. Any order so made and entered shall require each office to be kept open for not less than 40 hours during each week.

      3.  Any officer violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $30, or by imprisonment in the county jail not less than 5 days nor more than 15 days, and if any officer mentioned in subsection 1 shall absent himself from his office except:

      (a) When called away from his office by official duties; or

      (b) When expressly permitted so to do by the board of county commissioners or a majority of the members thereof in writing; or

      (c) When he first makes provision to leave his office open for the transaction of public business on the days and during the hours prescribed by this section and in charge of a deputy duly qualified to act in his absence,

there shall be withheld from his monthly salary that proportion thereof as the number of days of absence bears to the number of days of the month in which such absence occurs. Such sum shall be withheld from payment of salary to the officer for the next succeeding month by order of the board of county commissioners; but no order in the premises shall be made without first giving the officer affected reasonable notice and an opportunity to appear before the board and defend the charge against him.

 

________

 

 

CHAPTER 44, AB 235

Assembly Bill No. 235–Committee on Ways and Means

CHAPTER 44

AN ACT authorizing and directing the state controller to transfer certain funds from the state welfare department administration fund to certain other state welfare department funds.

 

[Approved March 2, 1959]

 

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

do enact as follows:

 

      Section1.  The state controller is hereby authorized and directed to transfer from the state welfare department administration fund (fund code number 35111 in the office of the state controller):

      (a) To the state appropriation for aid to dependent children fund (fund code number 35431 in the office of the state controller) the sum of $25,000.


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ê1959 Statutes of Nevada, Page 41 (Chapter 44, AB 235)ê

 

      (b) To the aid to the blind fund (fund code number 62031 in the office of the state controller) the sum of $5,000.

      (c) To the eye treatment fund (fund code number 62051 in the office of the state controller) the sum of $2,500.

      (d) To the state appropriation for aid to the blind medical and remedial care fund (fund code number 62061 in the office of the state controller) the sum of $650.

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

 

________

 

 

CHAPTER 45, AB 227

Assembly Bill No. 227–Mr. Knisley

CHAPTER 45

AN ACT ratifying, approving and confirming all action heretofore taken by the board of trustees of Pershing County School District, in Pershing County, Nevada, by the board of county commissioners of Pershing County, Nevada, and by the officers of such county and district, in submitting at the special school district election held November 4, 1958, at the same time as the general election, the question of issuing the bonds of Pershing County School District in the maximum principal amount of $600,000, and the question of assuming the indebtedness of abolished Consolidated School District No. 1, the territory of which is within Pershing County School District, and in conducting the election and canvassing the returns thereof; determining that the election resulted in the authorization of the bonds and in the assumption of the indebtedness; authorizing the board of trustees of Pershing County School District to issue and deliver such bonds; and declaring the indebtedness assumed.

 

[Approved March 2, 1959]

 

      Whereas, At the special school district election held on November 4, 1958, there was submitted to the electors of Pershing County School District, in Pershing County, Nevada, the question of issuing the bonds of Pershing County School District in the maximum principal amount of $600,000, for the purpose of improving the school facilities of the district by constructing a new school building, enlarging and repairing existing school buildings, and purchasing necessary school equipment therefor; and

      Whereas, The electors voted in favor of the issuance of the bonds; and

      Whereas, At the election there was also submitted to the electors the question of the assumption of the outstanding bonded indebtedness of abolished Consolidated School District No. 1, the territory of which is within the boundaries of the Pershing County School District; and

      Whereas, The electors voted in favor of such assumption; now, therefore,

 

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

do enact as follows:

 

      Section1.  All action heretofore taken and all proceedings heretofore adopted by the board of trustees of Pershing County School District, in Pershing County, Nevada, and by the board of county commissioners of Pershing County, Nevada, relating to the authorization, sale and issuance of the bonds of Pershing County School District in the maximum principal amount of $600,000, for the purpose of improving the school facilities of the district by constructing a new school building, enlarging and repairing existing school buildings, and purchasing necessary school equipment therefor, and relating to the assumption of the outstanding bonded indebtedness of abolished Consolidated School District No.


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ê1959 Statutes of Nevada, Page 42 (Chapter 45, AB 227)ê

 

sale and issuance of the bonds of Pershing County School District in the maximum principal amount of $600,000, for the purpose of improving the school facilities of the district by constructing a new school building, enlarging and repairing existing school buildings, and purchasing necessary school equipment therefor, and relating to the assumption of the outstanding bonded indebtedness of abolished Consolidated School District No. 1, the territory of which is within the boundaries of Pershing County School District, are hereby ratified, approved and confirmed.

      Sec. 2.  It is hereby determined that the issuance of the bonds was duly authorized by a vote of the electors qualified to vote thereon, at the special school district election held at the same time as, and consolidated with, the general election on November 4, 1958.

      Sec. 3.  The board of trustees of Pershing County School District is hereby authorized and empowered to contract a bonded indebtedness on behalf of the district by the issuance and delivery of the general obligation bonds of the district in the maximum principal amount of $600,000, or so much thereof as may be necessary, for the purpose hereinabove set forth, as authorized at the election and as provided by NRS 387.400 to 387.505, inclusive.

      Sec. 4.  It is hereby determined that Pershing County School District has assumed, pursuant to law and to authority duly granted at the election, the outstanding bonded indebtedness of Consolidated School District No. 1, abolished by Chapter 32, Statutes of Nevada 1956, and the territory of which is within the boundaries of Pershing County School District. The board of county commissioners of Pershing County shall annually levy and assess a special tax on all the taxable property in Pershing County School District, including the net proceeds of mines, and shall cause it to be collected until payment is made in full of the principal of and the interest on all such outstanding bonded indebtedness of the abolished Consolidated School District No. 1.

      Sec. 5.  If any section, subsection, sentence, clause or phrase of this act be for any reason held to be invalid, such holding shall not affect the validity of the remaining portion of this act. The legislature of the State of Nevada hereby declares that it would have passed this act and each section, subsection, sentence, clause or phrase thereof separately and irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be invalid.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 43ê

 

CHAPTER 46, AB 99

Assembly Bill No. 99–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 46

AN ACT to amend NRS section 4.340, relating to temporary vacancies in the office of justice of the peace, by providing that the board of county commissioners of the county in which a vacancy occurs may invite another justice of the peace to fill the vacancy if absent justice of the peace does not, and by clarifying the language of the section.

 

[Approved March 2, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 4.340 is hereby amended to read as follows:

      4.340  1.  Whenever any justice of the peace, in consequence of ill health, absence from his township, or other cause, [shall be] is prevented from attending to his official duties, [it shall be lawful for him to] he may invite any other duly qualified justice of the peace of the same county to attend to his official duties, including those of registry agent and coroner. If he does not invite such a justice of the peace, the board of county commissioners may do so. A temporary vacancy resulting from absence [or disqualification] , disability or other cause shall not be so filled for more than 30 days at any one time.

      2.  Where there is only one justice of the peace in any county and he, in consequence of ill health, absence from his township, or other cause, [shall be] is prevented from attending to his official duties, [it shall be lawful for him to] he may invite any other duly qualified justice of the peace of some [adjoining] other county to attend to his official duties, including those of registry agent and coroner. [In the event no other duly qualified justice of the peace of some adjoining county shall have been invited, and it shall be necessary for a justice of the peace to attend to duties in the township,] If he does not invite such a justice of the peace, the board of county commissioners [shall arrange for a justice of the peace to be present.] may do so. A temporary [appointment] vacancy resulting from absence, disability or other cause [,] shall not be so filled for more than 30 days at any one time.

      3.  A justice of the peace temporarily acting in the place of another justice of the peace shall have no claim for services rendered by him under this section against the county in which he may so temporarily reside.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 44ê

 

CHAPTER 47, AB 98

Assembly Bill No. 98–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe) and Pozzi (by request of the Legislative Commission)

CHAPTER 47

AN ACT to amend NRS section 171.405, relating to the examination of witnesses in magistrates’ courts, by providing for an increased compensation to the court reporter.

 

[Approved March 2, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 171.405 is hereby amended to read as follows:

      171.405  1.  The witnesses must be examined in the presence of the defendant, and may be cross-examined in his behalf.

      2.  If either party so desire, the examination must be by interrogatories direct and cross; but by consent of the parties, the testimony may be reduced to writing in narrative form.

      3.  When the testimony of the witness is reduced to writing in narrative form, the same must be read over to the witness and corrected as may be desired, and then subscribed by the witness; or if he refuses to sign it, the fact of such refusal, and any reasons assigned therefor must be stated, and the same must be attested by the magistrate.

      4.  The magistrate, if he deem it necessary for the best interests of justice, and upon the approval of the district attorney, is authorized to employ a reporter to take down all the testimony and the proceedings on the hearing or examination, and within such time as the court may designate have the same transcribed into typewritten transcript.

      5.  The reporter employed as provided in subsection 4 shall be sworn by the magistrate before whom such proceedings are held to record verbatim, truthfully and correctly such proceedings and testimony, and to make a true and correct transcript of the same into typewritten transcript.

      6.  When the testimony of each witness is all taken and transcribed by the reporter, the reporter shall certify to the same in the same manner as for a transcript of testimony in the district court, which shall authenticate the transcript for all purposes of this Title.

      7.  Prior to the date set for trial, either party may move the court before which the case is pending to add to, delete from, or otherwise correct the transcript to conform with the testimony as given and to settle the transcript so altered.

      8.  The compensation for the services of a reporter employed as provided in this section shall be [such an amount as shall be fixed by the board of county commissioners, not exceeding $8 per day for reporting and 20 cents per folio for transcribing an original, with 2 carbon copies,] the same as provided in subsection 1 of NRS 3.370, to be paid out of the county treasury as other claims against the county are allowed and paid.

      9.  Testimony reduced to writing and authenticated according to the provisions of this section must be filed by the examining magistrate with the clerk of the district court of his county, and in case the prisoner is subsequently examined upon a writ of habeas corpus, such testimony must be considered as given before such judge or court.


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

ê1959 Statutes of Nevada, Page 45 (Chapter 47, AB 98)ê

 

testimony must be considered as given before such judge or court.

      10.  The testimony so taken may be used by either party on the trial of the cause, and in all proceedings therein, when the witness is sick, out of the state, dead, or when his personal attendance cannot be had in court.

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

 

________

 

 

CHAPTER 48, AB 92

Assembly Bill No. 92–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe) and Pozzi (by request of the Legislative Commission)

CHAPTER 48

AN ACT to amend NRS section 303.540, relating to the use of devices to mark, count and tabulate ballots, by providing that such devices, when authorized by the board of county commissioners, may be used in any election.

 

[Approved March 2, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 303.540 is hereby amended to read as follows:

      303.540  [The] In any election, the board of county commissioners in any county within this state may, in its discretion, provide for the marking of ballots with a specially prepared pencil which will mark the ballot with a substance that will enable an electronic tabulator to register the vote. If such a procedure is adopted in any locality or precincts within the county, the board of county commissioners may also order that, in lieu of the canvass at the polls, the ballots shall be transmitted to a central canvassing place where the vote shall be counted and tabulated by electronically operated machines devised for the purpose.

 

________

 

 

CHAPTER 49, AB 85

Assembly Bill No. 85–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe) and Pozzi (by request of the Legislative Commission)

CHAPTER 49

AN ACT to amend NRS section 218.510, relating to the contents and number of printed copies of the Statutes of Nevada, by providing that the Constitution of the United States and the constitution of the State of Nevada be included in copies of the Statutes of Nevada for legislative sessions held in odd-numbered years only.

 

[Approved March 2, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 218.510 is hereby amended to read as follows:

      218.510  1.  Eight hundred copies of the statutes of each legislature shall be printed and bound in buckram or law sheep.


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

ê1959 Statutes of Nevada, Page 46 (Chapter 49, AB 85)ê

 

      2.  The bound volumes shall contain:

      (a) The laws, resolutions and memorials passed and adopted at each legislative session, stating the number of the bill, resolution or memorial, and the name of the person who introduced the same.

      (b) [The Constitution of the United States.

      (c) The constitution of the State of Nevada.

      (d)] The index as prepared by the statute revision commission.

      3.  The bound volumes containing the statutes of legislative sessions held in odd-numbered years shall contain, in addition to the items required by subsection 2 of this section:

      (a) The Constitution of the United States.

      (b) The constitution of the State of Nevada.

      4.  Other than those specified in [subsection 2,] subsections 2 and 3, no other reports, documents or things whatever shall be bound with the Statutes of Nevada.

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

 

________

 

 

CHAPTER 50, AB 80

Assembly Bill No. 80–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 50

AN ACT to repeal NRS section 171.050 relating to jurisdiction in the crimes of kidnaping and abduction.

 

[Approved March 2, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 171.050 is hereby repealed.

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

 

________

 

 

CHAPTER 51, AB 77

Assembly Bill No. 77–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 51

AN ACT to amend NRS section 227.320, relating to the prohibition against purchasing warrants, scrip and other evidences of indebtedness by the state controller and the penalty therefor, by providing that a violation constitutes a gross misdemeanor; and providing other matters properly relating thereto.

 

[Approved March 2, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 227.320 is hereby amended to read as follows:

      227.320  1.  Except as provided in subsection 3, the state controller is expressly prohibited:


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

ê1959 Statutes of Nevada, Page 47 (Chapter 51, AB 77)ê

 

      (a) From purchasing or selling, or in any manner receiving to his own use or benefit, or to the use and benefit of any person or persons whatever, any state warrants, scrip, orders, demands, claim or claims, or other evidence of indebtedness against the state; or

      (b) From purchasing or being interested, or receiving, selling, or transferring, or causing to be purchased, received, sold or transferred, either in person or by agent or attorney, or by or through the agency or means of any person or persons whatever, any interest, claim, demand or other evidence of indebtedness against the state, either directly or indirectly; nor shall any clerk or employee of the state controller be allowed to make any such purchase, sale or transfer or to receive any agency from other parties to purchase, sell, transfer or bargain, in any manner, for any state warrants, scrip, demands or other evidence of indebtedness against the state.

      2.  Any person violating any of the provisions of subsection 1 shall [, on conviction, be punished by a fine of not less than $500 nor more than $1,000, and by imprisonment in the state prison for not less than 2 months nor more than 2 years.] be guilty of a gross misdemeanor. A conviction shall operate as a forfeiture of office, and the party convicted shall forever be disqualified from holding any office of honor, profit or trust in this state.

      3.  Nothing in this section shall prevent the state controller, his clerks and employees from selling or transferring only such warrants or scrip as they may receive for their services. [, but none other.]

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

 

________

 

 

CHAPTER 52, AB 68

Assembly Bill No. 68–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 52

AN ACT to amend NRS section 141.070 relating to the incapacity of executors and administrators of estates of deceased persons and bonds required of administrators appointed by the court.

 

[Approved March 2, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 141.070 is hereby amended to read as follows:

      141.070  If all the executors or administrators shall die or from any cause become incapable of executing the trust, or the power and authority of all of them shall be revoked or annulled according to law, the district court shall direct letters of administration with the will annexed, or otherwise, to be issued to the widow, next of kin or others, in the same manner as directed in relation to original letters of administration. The administrator so appointed shall give bond in like penalty, with like sureties and conditions as [hereinbefore] required of administrators, and shall have the like power and authority.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 48ê

 

CHAPTER 53, AB 62

Assembly Bill No. 62–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe) and Pozzi (by request of the Statute Revision Commission)

CHAPTER 53

AN ACT to amend NRS section 71.030, relating to taking a defendant before a justice of the peace immediately upon arrest, by providing that if the justice who made the order to arrest is absent, unable to try the action, or is a material witness, the defendant shall immediately be taken before the justice of another township.

 

[Approved March 2, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 71.030 is hereby amended to read as follows:

      71.030  The defendant, immediately upon being arrested, [must] shall be taken to the office of the justice who made the order, and if he is absent or unable to try the action, or if it appears to [him] such justice by the affidavit of defendant that he is a material witness in the action, the officer [must] shall immediately take the defendant before a justice of [an adjoining] another township, who [must] shall take jurisdiction of the action and proceed thereon as if the summons had been issued and the order of arrest made by him.

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

 

________

CHAPTER 54, AB 100

Assembly Bill No. 100–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe) and Pozzi (by request of the Legislative Commission)

CHAPTER 54

AN ACT to repeal NRS sections 587.120 and 587.320, relating to annual appropriations for the administration of the agricultural products and seeds law.

 

[Approved March 3, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 587.120 and 587.320 are hereby repealed.

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

 

________

CHAPTER 55, AB 171

Assembly Bill No. 171–Washoe County Delegation

CHAPTER 55

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, as amended.

 

[Approved March 3, 1959]

 

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

do enact as follows:

 

      Section1.  Section 4 of Article XVIII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 204, Statutes of Nevada 1937, and last amended by chapter 223, Statutes of Nevada 1945, at page 437, is hereby amended to read as follows:

 


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

ê1959 Statutes of Nevada, Page 49 (Chapter 55, AB 171)ê

 

Statutes of Nevada 1937, and last amended by chapter 223, Statutes of Nevada 1945, at page 437, is hereby amended to read as follows:

      Section 4.  1.  The city council shall have the power to contract an indebtedness on behalf of the city, and upon the credit thereof, by borrowing money or issuing the negotiable interest-bearing bonds of the city for the purpose of providing a fund for such purpose or purposes as may be determined by the governing body, subject however, to constitutional limitations. No such indebtedness shall be created except by ordinance, which shall be irrepealable until the indebtedness therein provided for shall be fully paid, which ordinance shall specify the purpose to which the funds to be raised shall be applied, and shall provide for the levying of a tax sufficient to pay the annual interest and extinguish the principal of such debt within the time limited for the debt to run, which shall not be less than ten nor more than twenty years, and providing the said tax when collected shall be applied only to the purpose in said ordinance specified until the indebtedness shall be paid and discharged.

      2.  If said ordinance proposes to issue bonds for any purpose other than the construction of storm sewers or sanitary sewers or a sewage disposal plant, or if said bonds are not to be secured by pledge of revenues or a portion of revenues to be received by the city from the particular project to be acquired, constructed, reconstructed, or repaired with the funds to be derived from the sale of such proposed bonds, or if said bonds are not to be secured by special assessment to be levied on real property, then, if within a period of sixty days from the date of the passage, approval, and publication of such ordinance, a petition shall be presented to the city council signed by not less than ten percent of the persons voting at the last municipal election, at least one-half of whom shall then be property owners within the city, it shall be the duty of the council to submit said proposed ordinance to the people at the next municipal election or the council may call a special election as soon as practicable for the purpose of submitting said proposed ordinance to the people, such election to be held and conducted as nearly as possible in the same manner as an election for city officers. Notice of such election shall be given in some newspaper published in the city, which notice shall be printed underneath the proposed ordinance and refer to the same, and the notice and proposed ordinance shall be so published, together, two times in a daily newspaper published in the city, the second publication being at least one week before such election shall be had,. The council may in due time make provision for holding such special election, and the city clerk shall prepare, at the expense of the city, suitable printed stationery for use as ballots which shall contain a brief statement of the ordinance, underneath which shall be printed “For the Ordinance” and “Against the Ordinance.” The council shall appoint suitable and competent persons to act as inspectors at such election, and shall do all other things and acts necessary to fully carry out the purposes and intent thereof; provided, that said election shall be held and said bonds shall be issued and sold only in conformity with all state laws upon the subject, applicable to the city of Reno, and especially [“An act relating to bond elections, providing for the manner of holding the same, defining the duties of certain persons in relation thereto, and other matters properly relating thereto,” approved March 16, 1937, as the same may be from time to time amended, or any substitution therefor, and “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, as the same may be from time to time amended, or a substitution therefor.]


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ê1959 Statutes of Nevada, Page 50 (Chapter 55, AB 171)ê

 

the same, defining the duties of certain persons in relation thereto, and other matters properly relating thereto,” approved March 16, 1937, as the same may be from time to time amended, or any substitution therefor, and “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, as the same may be from time to time amended, or a substitution therefor.] NRS 350.010 to 350.200, both inclusive. The council shall, within five days after such special or regular election, canvass and declare the result by resolution, and if such proposed ordinance carried at said election, such ordinance shall thenceforth be of full force and effect.

      3.  Notwithstanding the provisions of NRS 350.020, unless an election is required pursuant to the provisions of subsection 2 of this section, the proposal for the bond issue need not be submitted to the electors at a general or special election, and the ordinance, after its passage, approval and publication, shall be of full force and effect and bonds may be issued and sold in conformity with all state laws upon the subject applicable to the city of Reno.

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

 

________

 

 

CHAPTER 56, SB 10

Senate Bill No. 10–Senator Monroe

CHAPTER 56

AN ACT to amend NRS section 408.535, relating to the description and designation of Nevada highway Route 30, by changing its location.

 

[Approved March 3, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 408.535 is hereby amended to read as follows:

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

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

 

________

 

 

CHAPTER 57, SB 109

Senate Bill No. 109–Committee on State and County Affairs

CHAPTER 57

AN ACT designating certain real property situated in Virginia City, Nevada, and conveyed to the State of Nevada in 1937, for use as a roadside park under the jurisdiction of the department of highways.

 

[Approved March 3, 1959]

 

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

do enact as follows:

 

      Section1.  All those certain lots, pieces or parcels of land situate in Virginia City, Storey County, Nevada, described as part of Lot No.


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

ê1959 Statutes of Nevada, Page 51 (Chapter 57, SB 109)ê

 

No. One (1) and all of Lots Nos. Two (2) and Three (3) in Block 26, Range “C”, as set down and described on the official map of Virginia City, which lots were formerly known and designated as the property of the First Ward School of Virginia City, Storey County, Nevada, conveyed to the State of Nevada by Matt McGuirk by deed dated August 27, 1937, are placed under the jurisdiction of the department of highways of the State of Nevada for the construction and maintenance of a roadside park for the convenience of the traveling public pursuant to the provisions of subsection 2 of NRS 408.275.

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

 

________

 

 

CHAPTER 58, SB 112

Senate Bill No. 112–Committee on Banks, Banking and Corporations (By request of the Insurance Commissioner)

CHAPTER 58

AN ACT to amend NRS sections 684.300 and 684.310 relating to grounds for and hearings on the suspension, revocation and refusal to renew licenses of insurance brokers, agents and solicitors.

 

[Approved March 3, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 684.300 is hereby amended to read as follows:

      684.300  1.  The commissioner may, after notice and hearing of the matter, 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 chapter, 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 provisions 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 an adequate effort on the part of the commissioner to locate the licensee; or


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

ê1959 Statutes of Nevada, Page 52 (Chapter 58, SB 112)ê

 

      (j)](h) 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 resident broker.

      3.  The conviction of any licensee of a felony involving moral turpitude shall be deemed adequate cause for the immediate revocation of any license.

      4.  If a licensee changes 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, such facts shall be deemed adequate cause for revocation. The sending of a registered letter, with return receipt requested, to the licensee’s last-known address shall be deemed an adequate effort on the part of the commissioner to locate the licensee.

      Sec. 2.  NRS 684.310 is hereby amended to read as follows:

      684.310  1.  Except as provided in subsection 2, 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.

      2.  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] subsections 3 and 4 of NRS 684.300.

      3.  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.

      4.  In the conduct of the hearing the commissioner or any employee of the 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.

 

________

 

 

CHAPTER 59, SB 114

Senate Bill No. 114–Committee on Banks, Banking and Corporations (By request of the Insurance Commissioner)

CHAPTER 59

AN ACT to amend NRS section 684.240 relating to examination fees of nonresident insurance brokers.

 

[Approved March 3, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 684.240 is hereby amended to read as follows:

      684.240  1.  In the case of an applicant required to take an examination as provided in NRS 684.210, the application shall be accompanied by an examination fee in the amount of $10 for each class of insurance, in addition to the license fee required under NRS 686.020.


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

ê1959 Statutes of Nevada, Page 53 (Chapter 59, SB 114)ê

 

by an examination fee in the amount of $10 for each class of insurance, in addition to the license fee required under NRS 686.020.

      2.  If 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.

 

________

 

 

CHAPTER 60, SB 97

Senate Bill No. 97–Committee on Taxation

CHAPTER 60

AN ACT to direct the legislative commission to cause a study of the fiscal affairs of the state and local governmental subdivisions to be undertaken; defining the scope of such study; providing for the creation and appointment of a special committee on taxation and fiscal affairs and an executive committee of such committee; providing for the appointment, compensation, powers and duties of a project director; making an appropriation; and providing other matters properly relating thereto.

 

[Approved March 3, 1959]

 

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

do enact as follows:

 

      Section1.  The legislative commission is directed to cause a study of the fiscal affairs of the State of Nevada and its local governmental subdivisions to be undertaken and to report such results of the study as may then be available to the 1960 session of the legislature, and to report the final results of such study to the 1961 session of the legislature.

      Sec. 2.  1.  For the purpose of conducting such study, the legislative commission is directed to create and appoint a special committee on taxation and financial affairs to consist of not more than 25 persons.

      2.  All members of the committee shall be residents of the State of Nevada.

      3.  The executive secretary of the Nevada tax commission shall be a member of the committee.

      4.  One member of the committee shall be a person selected by the governor, who shall represent the governor on the committee.

      5.  The remaining members of the committee shall be selected from members of the legislature and from among the general public; but it is the intention of the legislature that the number of members selected from among the general public be substantially greater than the number of members from the legislature.

      6.  Members of the committee shall be selected with due regard to their interest in the subject of the study and their specialized abilities, training and experience to the end that the most qualified persons available be appointed.

      7.  Members of the committee shall serve without compensation.

      8.  The legislative commission shall designate the member of the committee who shall serve as chairman of the committee and the member of the committee who shall serve as secretary of the committee.

      9.  Vacancies in membership on the committee shall be filled by appointment by the legislative commission.


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

ê1959 Statutes of Nevada, Page 54 (Chapter 60, SB 97)ê

 

      Sec. 3.  1.  The special committee on taxation and financial affairs shall select and appoint from among their number an executive committee consisting of five members.

      2.  The committee may delegate to the executive committee such powers, duties and authority as it may deem necessary to enable the executive committee to prosecute and supervise effectively the work of the committee and its project director.

      Sec. 4.  1.  The legislative commission shall select and appoint a project director from among such qualified persons as the special committee on taxation and financial affairs shall recommend.

      2.  The project director shall be a qualified senior researcher with a successful record of fiscal research in the fields of state and local government.

      3.  The compensation of the project director shall be fixed by the legislative commission.

      4.  The project director shall serve at the pleasure of the legislative commission.

      Sec. 5.  1.  Subject to the general supervision of the commission, the committee, and the executive committee, the project director shall execute the study in accordance with the objects and purposes of this act.

      2.  The project director may, with the consent of the committee:

      (a) Establish, and from time to time alter, such plan of organization as he may deem expedient.

      (b) Employ, fix the compensation of and discharge such staff, not to exceed four persons, as he may deem necessary.

      (c) Engage the services of special consultants when necessary.

      (d) Incur such other expenses, within the limit of funds available to him, as he may deem necessary.

      3.  All claims for expenses incurred pursuant to this act shall be prepared by the project director and, after approval by the legislative commission, paid from the general fund in the same manner as other claims against the state are paid.

      Sec. 6.  The scope of the study of fiscal affairs shall include:

      1.  An analysis of the receipts and disposition of moneys in the state’s general and highway funds, and such other state funds as may be necessary for the purpose of analyzing the tax burden.

      2.  An analysis of the receipts and disposition of all local government funds in such counties as may be selected as typical of certain areas or groups of counties in the state.

      3.  Revenue lost through various tax exemptions provided by law.

      4.  An analysis of possible new revenue sources to determine the economic feasibility of their use; but such analysis shall not include recommendations concerning adoption of any such new revenue source.

      5.  Examination of the feasibility of granting local governments, through the use of permissive legislation, the authority to use additional tax revenue sources.

      6.  In all analyses of revenue sources consideration shall be given to incidence and economic and social consequences, cost and efficiency of the method of collection and problems of evasion and avoidance.


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ê1959 Statutes of Nevada, Page 55 (Chapter 60, SB 97)ê

 

      Sec. 7.  For the support of the legislative commission in carrying out the purposes of this act, there is hereby appropriated from the general fund in the state treasury the sum of $50,000.

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

 

________

 

 

CHAPTER 61, SB 240

Senate Bill No. 240–Committee on Finance

CHAPTER 61

AN ACT making a supplemental appropriation for the support of the 1959 session of the Nevada legislature.

 

[Approved March 3, 1959]

 

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

do enact as follows:

 

      Section1.  For the purpose of providing additional support of the 1959 session of the Nevada legislature, the sum of $100,000 is hereby appropriated from the general fund in the state treasury to the 1959 legislative fund heretofore created by chapter 1, Statutes of Nevada 1959.

      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 1959 legislative fund shall revert to the general fund on December 31, 1959.

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

 

________

 

 

CHAPTER 62, SB 27

Senate Bill No. 27–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 62

AN ACT to amend chapter 673 of NRS, relating to building and loan and savings and loan associations, by restricting the power of such organizations to make loans; to amend NRS sections 673.080, 673.170, 673.250, 673.410 and 673.590, relating to the issuance of licenses, permits and certificates to operate as building and loan and savings and loan associations and to transfer permanent stock, to deposits of money or securities by such associations, to conflict of laws, and to the procedure for delivering assets to permanent stockholders, by eliminating inconsistencies in language; by providing for publication of five notices of meetings of stockholders over a 30-day period; to repeal NRS section 673.400, relating to restrictions on loans; and by providing other matters properly relating thereto.

 

[Approved March 3, 1959]

 

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

do enact as follows:

 

      Section1.  Chapter 673 of NRS is hereby amended by adding thereto a new section which shall read as follows:


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ê1959 Statutes of Nevada, Page 56 (Chapter 62, SB 27)ê

 

      1.  No officer, director or employee of any savings and loan association may negotiate for or receive a mortgage or deed of trust loan from the association unless the security is residential property occupied or to be occupied when constructed by the officer, director or employee.

      2.  No loan may be granted by any association to other persons upon security in which any officer, director or employee of the association has an interest, unless the superintendent of banks first approves the loan.

      3.  An association shall not make any unsecured loan to a director, officer or employee of the association, or to any person or firm regularly serving the association in the capacity of attorney at law, except for the alteration, repair or improvement of the home or combination of home and business property owned and occupied by such borrowing director, officer, employee, attorney or firm.

      Sec. 2.  NRS 673.080 is hereby amended to read as follows:

      673.080  1.  The secretary of state shall not issue any certificate to any such association or company authorizing it to do business until the articles of association, agreement or incorporation [shall have been] is approved by the superintendent of banks.

      2.  No amendment to such articles of any such organization [shall] may be filed by the secretary of state without the written approval thereof by the superintendent of banks.

      3.  No association [shall] may sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its permanent stock until it has first applied for and secured from the superintendent of banks a [permit] license authorizing it so to do.

      4.  The application shall be in writing, be verified and be filed with the superintendent of banks.

      5.  In the application the association shall set forth:

      (a) The names and addresses of its officers.

      (b) The location of its office.

      (c) An itemized account of its financial condition.

      (d) The amount and character of its stock and shares.

      (e) A copy of all minutes of any proceedings of its directors, shareholders or stockholders relating to or affecting the issue of such stock.

      (f) Such additional information concerning the association, its condition and affairs as the superintendent of banks may require.

      6.  Upon the filing of the application the superintendent of banks shall examine it and the other papers and documents filed therewith. If he finds that the proposed issue will not mislead the public as to the nature of the investment or will not work a fraud upon the purchaser thereof, the superintendent of banks shall issue to the association a [permit] license authorizing it to issue and dispose of its stock in such amounts as the superintendent of banks may in the [permit] license provide; otherwise he shall deny the application and notify the association in writing of his decision.

      7.  No association shall sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its permanent stock until it has first applied for and secured from the superintendent of banks a license authorizing it to operate as a building and loan or savings and loan association under the laws of this state, and until it has applied for and secured insurance under the rules and regulations of the Federal Savings and Loan Association Corporation.


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

ê1959 Statutes of Nevada, Page 57 (Chapter 62, SB 27)ê

 

and secured insurance under the rules and regulations of the Federal Savings and Loan Association Corporation.

      Sec. 3.  NRS 673.170 is hereby amended to read as follows:

      673.170  1.  No such deposit, except of cash, [shall be] is valid for the purposes of this chapter until the same [shall have been:] is:

      (a) Examined and approved by the superintendent of banks and found by him to be of the required value; and

      (b) So assigned, if necessary, as to be readily convertible into cash.

      2.  The state treasurer [shall have authority to] may convert the same or any part thereof into cash by sale to the highest or best bidder after a call for such bids [shall have been] is published at least four times in some newspaper in this state having a general circulation therein, during a period of at least 10 days prior to such sale, and to disburse such cash or so much thereof as necessary toward the payment, equitably and proratably, of any approved claims as provided in this chapter.

      Sec. 4.  NRS 673.250 is hereby amended to read as follows:

      673.250  1.  No association [shall] may sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its permanent stock until it has first applied for and secured from the superintendent of banks a [permit] license authorizing it so to do.

      2.  Every [permit] such license shall recite in bold type that the issuance thereof is permissive only and does not constitute a recommendation or endorsement of the stock permitted to be issued.

      3.  The superintendent of banks may impose conditions requiring the impoundment of the proceeds from the sale of the stock, limiting the expense in connection with the sale and such other conditions as [he may deem] are reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the [permit] license.

      Sec. 5.  NRS 673.410 is hereby amended to read as follows:

      673.410  1.  If any association, company or corporation organized or incorporated under the laws of any governing body other than the State of Nevada is doing business in this state under the provisions of this chapter, and the laws of such other governing body conflict with any of the provisions of NRS 673.380 [to 673.400, inclusive,] and 673.390, the provisions of the laws of such other governing body shall prevail as to each such conflict.

      2.  Whenever any such foreign organization [shall follow] follows a course or [perform] performs any act which is forbidden to any domestic organization under the terms of NRS 673.380 [to 673.400, inclusive,] and 673.390, it shall report to the superintendent of banks of this state all of the facts relating thereto.

      Sec. 6.  NRS 673.590 is hereby amended to read as follows:

      673.590  1.  Whenever, in the case of any association which has issued permanent stock, the superintendent of banks or the Federal Savings and Loan Insurance Corporation has fully liquidated all claims other than claims of the stockholders, and has made due provision for any and all known or unclaimed liabilities, excepting claims of permanent stockholders, and has paid all expenses of liquidation, the superintendent of banks shall call a meeting of the stockholders of the savings or building and loan association.


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

ê1959 Statutes of Nevada, Page 58 (Chapter 62, SB 27)ê

 

      2.  Notice of the meeting shall be given by:

      (a) [Publication for 30 days] Five publications in a 30-day period in one or more newspapers published in the county in which the principal office of the association is located; and

      (b) Letter to each stockholder addressed to his last-known address.

      3.  At the meeting the superintendent of banks shall deliver to the stockholders all the property and effects of the association remaining in his possession except its records, which shall be retained by him as part of the records of his office. Upon transfer and delivery he shall be discharged from any and all further liability to the association or its creditors, and thereafter the association shall be in the same position as though it had never been authorized to transact a savings or building and loan business.

      Sec. 7.  NRS 673.400 is hereby repealed.

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

 

________

 

 

CHAPTER 63, SB 117

Senate Bill No. 117–Committee on Banks, Banking and Corporations (By request of the Insurance Commissioner)

CHAPTER 63

AN ACT to amend NRS section 682.520, relating to excessive commissions and unlawful investments by domestic insurance companies and the penalties provided for unlawful acts of certain directors and officers of such companies, by amending the language and providing place of imprisonment.

 

[Approved March 4, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 682.520 is hereby amended to read as follows:

      682.520  1.  No domestic company shall pay any commission or brokerage for the purchase or sale of property in excess of that usual and customary at the time and in the locality where such purchases or sales are made, and complete information regarding all payments of commissions and brokerage shall be reported in the next annual statement.

      2.  No such company shall invest in or loan upon any real property in which any officer or director of such company has a financial interest, nor shall any such company invest in or loan upon any bond or note secured by mortgage or trust deed on real property if an officer or director of such company has any financial interest in the real property upon which the loan is made.

      3.  Any officer or director knowingly [participating in] violating, or aiding in or abetting the violation of, any provision of this section shall, upon conviction, be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment in the state prison for not less than [6 months] 1 year nor more than 10 years, or by both fine and imprisonment.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 59ê

 

CHAPTER 64, SB 77

Senate Bill No. 77–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Legislative Commission)

CHAPTER 64

AN ACT to amend NRS sections 78.175, 78.180, 80.160 and 80.170, relating to penalties imposed on domestic and foreign corporations upon delinquency in payment of filing fees and the reinstatement of such corporations upon payment of such fees, by deleting provisions relating to the duties of the governor and providing that the secretary of state assume such duties.

 

[Approved March 4, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 78.175 is hereby amended to read as follows:

      78.175  1.  On or before October 15 of each year, the secretary of state shall [file with the governor] compile a complete list of all defaulting corporations, together with the amount of the filing fee, penalties and costs remaining unpaid.

      2.  The [governor] secretary of state shall cause such list to be published five times in the week prior to the 1st Monday in November following, in a newspaper published in Carson City, Nevada, and shall append to such list, and publish therewith, [his proclamation] a notice to the effect:

      (a) That unless the filing fee owing by such corporation, together with the penalties and all costs, [shall be] is paid to the secretary of state, on or before 12 m. of the 1st Monday in March following, such defaulting corporation shall forfeit the amount of the tax and penalty and costs to the State of Nevada, and shall also forfeit its right to carry on business within the state; and

      (b) That the charters of all defaulting domestic corporations will be revoked unless payment is made as aforesaid.

      3.  Immediately after the 1st Monday in March [the governor shall file with] the secretary of state shall compile a full and complete list containing the names of all corporations whose right to do business has been annulled and whose charters have been revoked. The secretary of state shall forthwith notify the several county clerks in whose offices the articles of incorporation which have been forfeited are on file and shall also by letter addressed to its president or secretary notify each corporation of the forfeiture of its charger. In case of a reinstatement as provided in NRS 78.180, the secretary of state shall also notify immediately the county clerks of such fact.

      4.  In case of forfeiture of the charter and of the right to transact business thereunder, all the property and assets of the defaulting domestic corporation shall be held in trust by the directors of such corporation as in cases of insolvent corporations, and the same proceedings may be had with respect thereto as are applicable to insolvent corporations. Any person interested may institute such proceedings at any time after a forfeiture has been declared as herein provided, but in case the [governor shall reinstate] the secretary of state reinstates the charter the proceedings shall at once be dismissed and all property restored to the officers of the corporation.

      5.  In case the assets are distributed they shall be applied as follows:


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

ê1959 Statutes of Nevada, Page 60 (Chapter 64, SB 77)ê

 

      (a) To the payment of the filing fee, penalties and costs due to the state;

      (b) To the creditors of the corporation; and

      (c) Any balance remaining shall be distributed among the stockholders.

      Sec. 2.  NRS 78.180 is hereby amended to read as follows:

      78.180  1.  The [governor] secretary of state is authorized:

      (a) To reinstate any corporation which has forfeited or which shall forfeit its right to transact business under the provisions of NRS 78.150 to 78.190, inclusive; and

      (b) To restore to such corporation its right to carry on business in this state, and to exercise its corporate privileges and immunities at any time after the date of default of such corporation in the payment of the filing fees hereinabove provided, upon the filing with the secretary of state of an affidavit stating the reason for the revocation of its charter, and upon payment to the secretary of state of all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the revocation of its charter, and also all filing fees, licenses and penalties which have accrued since the revocation of its charter.

      2.  In case such payment is made and the [governor] secretary of state reinstates the corporation to its former rights he shall : [at once notify the secretary of state, in writing, of his action, and the secretary of state shall:

      (a) Upon receiving the notice,] (a) Immediately issue and deliver to the corporation so reinstated a certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee had been paid when due; and

      (b) Upon demand, issue to the corporation one or more certified copies of such certificate of reinstatement, a copy of which shall be filed in the office of the county clerk of the county in which the principal place of business of such corporation is located or in any other county in which it may own, hold or lease property or transact business.

      3.  In no case shall the [governor] secretary of state order a reinstatement unless [the secretary of state shall have presented him with proof that] all such delinquent fees, penalties and costs have been paid, and [that] such revocation of the charter occurred only by reason of failure to pay such fees, penalties and costs.

      Sec. 3.  NRS 80.160 is hereby amended to read as follows:

      80.160  1.  On or before October 15 of each year, the secretary of state shall [file with the governor] compile a complete list of all defaulting corporations, together with the amount of the filing fee, penalties and costs remaining unpaid.

      2.  For at least 10 days prior to the 1st Monday in November following, the [governor] secretary of state shall publish such list in the newspaper designated to do the official advertising required by the State of Nevada, and shall append to such list, and publish therewith, [his proclamation] a notice to the effect that unless the filing fee owing by such corporation, together with the penalties and all costs, [shall be] is paid to the secretary of state, on or before 12 m.


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

ê1959 Statutes of Nevada, Page 61 (Chapter 64, SB 77)ê

 

be] is paid to the secretary of state, on or before 12 m. of the 1st Monday in March following, such defaulting corporation shall forfeit the amount of the tax and penalty and costs to the State of Nevada, and shall also forfeit its right to carry on business within the state. Publication shall be and constitute a part of the official advertising for the State of Nevada and the newspaper shall not receive any compensation therefor.

      3.  Immediately after the 1st Monday in March [the governor shall file with] the secretary of state shall compile a full and complete list containing the names of all corporations whose right to do business has been annulled. The secretary of state shall forthwith notify the several county clerks in whose offices the defaulting corporations have filed copies of their articles of incorporation and other amendatory, supplemental and related instruments, as required by this chapter, of the annulment of the corporations’ rights to do business and shall also by letter addressed to its president or secretary notify each corporation of the forfeiture of its right to do business in this state. In case of a reinstatement as provided in NRS 80.170, the secretary of state shall also notify immediately the county clerks of such fact.

      4.  In case a foreign corporation [shall make] makes default as herein provided, the secretary of state shall issue his warrant stating the amount of the filing fee, penalty and costs due to the state, and shall deliver the warrant to any sheriff of any county of this state who may seize and sell any property of a foreign corporation as upon execution and apply the proceeds to the payment of the filing fee, penalty, costs and accruing costs. Any balance remaining after such sale shall by the sheriff be paid to the secretary of state, who shall return the same to the corporation whose property was sold. No more than sufficient property to pay the filing fee, penalty and costs shall be seized and sold.

      Sec. 4.  NRS 80.170 is hereby amended to read as follows:

      80.170  1.  The [governor] secretary of state is authorized:

      (a) To reinstate any corporation which has forfeited or which shall forfeit its right to transact business under the provisions of NRS 80.110 to 80.180, inclusive; and

      (b) To restore to such corporation its right to carry on business in this state, and to exercise its corporate privileges and immunities at any time after the date of default of such corporation in the payment of the filing fees hereinabove provided, upon the filing with the secretary of state of an affidavit stating the reason for the forfeiture of its right to transact business, and upon payment to the secretary of state of all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the forfeiture of its right to carry on business, and also all filing fees, licenses and penalties which have accrued since the forfeiture of its right to transact business.

      2.  In case such payment is made and the [governor] secretary of state reinstates the corporation to its former rights he shall : [at once notify the secretary of state, in writing, of his action, and the secretary of state shall:

      (a) Upon receiving the notice,] (a) Immediately issue and deliver to the corporation so reinstated a certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee had been paid when due; and

 


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

ê1959 Statutes of Nevada, Page 62 (Chapter 64, SB 77)ê

 

to the corporation so reinstated a certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee had been paid when due; and

      (b) Upon demand, issue to the corporation one or more certified copies of such certificate of reinstatement, a copy of which shall be filed in the office of the county clerk of the county in which the principal place of business of such corporation is located or in any other county in which it may own, hold or lease property or transact business.

      3.  In no case shall the [governor] secretary of state order a reinstatement unless [the secretary of state shall have presented him with proof that] all such delinquent fees, penalties and costs have been paid, and [that] such revocation of the right to transact business occurred only by reason of failure to pay such fees, penalties and costs.

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

 

________

 

 

CHAPTER 65, SB 118

Senate Bill No. 118–Committee on Banks, Banking and Corporations (By request of the Insurance Commissioner)

CHAPTER 65

AN ACT to amend NRS section 695.070 relating to the appraisal of real property securing mortgages, trust deeds deposited with the state treasurer by title insurance companies, and the qualifications and compensation of appraisers.

 

[Approved March 4, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 695.070 is hereby amended to read as follows:

      695.070  1.  The value of any real property securing any mortgage or deed of trust deposited with the state treasurer under the provisions of NRS 695.040 shall be appraised by one or more appraisers approved by the commissioner of insurance.

      2.  The appraiser or appraisers shall be a resident or residents of the county in which the property or some part thereof is situated.

      3.  The reasonable cost of making such appraisement shall be paid by the title insurance company making the deposit. [, and shall not exceed $5 for each appraiser, not exceeding two, in addition to the necessary expenses of such appraisers.]

 

________

 

 


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ê1959 Statutes of Nevada, Page 63ê

 

CHAPTER 66, SB 125

Senate Bill No. 125–Committee on Banks, Banking and Corporations (By request of the Insurance Commissioner)

CHAPTER 66

AN ACT to amend NRS section 684.360, relating to penalties for violation of law governing insurance brokers, agents and solicitors, and NRS section 694.380, relating to regulation of rates, by increasing the minimum fine, and by giving the commissioner of insurance discretion to refer violations to the district attorneys.

 

[Approved March 4, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 684.360 is hereby amended to read as follows:

      684.360  [Any person, partnership, association or corporation violating any of the provisions of this chapter shall, in addition to any other penalty provided herein, upon conviction be fined not less than $50 nor more than $1,000 for each offense.] The commissioner of insurance may inform the appropriate district attorney of any violation of the provisions of this chapter, and any person, partnership, association or corporation convicted of such violation shall, in addition to any other penalty provided in this chapter, be fined not less than $100 nor more than $1,000 for each offense.

      Sec. 2.  NRS 694.380 is hereby amended to read as follows:

      694.380  1.  No person or organization shall willfully withhold information from, or knowingly give false or misleading information to, the commissioner, any statistical agency designated by the commissioner, any rating organization or any insurer, which will affect the rates or premiums chargeable under this chapter.

      2.  A violation of this section shall subject the one guilty of such violation to the penalties provided in NRS [684.360 and 694.400.] 694.400, and the commissioner of insurance may inform the appropriate district attorney of any violation of the provisions of this chapter. Any person, partnership, association or corporation convicted of such violation shall, in addition to any other penalty provided in this chapter, be fined not less than $100 nor more than $1,000 for each offense.

 

________

 

 

CHAPTER 67, SB 133

Senate Bill No. 133–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 67

AN ACT to amend NRS section 388.120, relating to schools observing by appropriate exercises certain days, by clarifying language contained therein.

 

[Approved March 4, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 388.120 is hereby amended to read as follows:

      388.120  1.  All schools shall be kept open and shall observe with appropriate exercises:


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

ê1959 Statutes of Nevada, Page 64 (Chapter 67, SB 133)ê

 

      February 12 (Lincoln’s Birthday);

      February 22 (Washington’s Birthday);

      Last Friday in April (Arbor Day);

      October 31 (Nevada Day);

      November 11 (Veterans’ Day).

 

      2.  If the days specified in subsection 1 do not occur on regular school days, then exercises shall be held on the school day nearest those days. [; but this shall not]

      3.  Nothing contained in subsections 1 and 2 shall be construed so as to interfere with the participation by the schools in community exercises held in the observance of such days.

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

 

________

 

 

CHAPTER 68, SB 135

Senate Bill No. 135–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 68

AN ACT to amend NRS sections 493.180 and 493.190, relating to the posting and inspection of airman and aircraft licenses and the powers and duties of the state aeronautics commission and state and municipal officers, by deleting references to nonexistent commission.

 

[Approved March 4, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 493.180 is hereby amended to read as follows:

      493.180  1.  Where a certificate, permit, rating or license is required for an airman by the United States, it shall:

      (a) Be kept in his personal possession when he is operating within the state.

      (b) Be presented for inspection upon the demand of any peace officer, or any other officer of this state or of a municipality, [or member, official or employee of the state aeronautics commission authorized to enforce the aeronautics laws,] or any official, manager or person in charge of any airport upon which the airman shall land, or upon the reasonable request of any other person.

      2.  Where a certificate, permit or license is required by the United States for an aircraft, it shall:

      (a) Be carried in the aircraft at all times while the aircraft is operating in the state.

      (b) Be conspicuously posted in the aircraft where it may be readily seen by passengers or inspectors.

      (c) Be presented for inspection upon the demand of any peace officer, or any other officer of the state or of a municipality, [or member, official or employee of the state aeronautics commission authorized to enforce the aeronautics laws,] or any official, manager or person in charge of any airport upon which the aircraft shall land, or upon the reasonable request of any person.


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

ê1959 Statutes of Nevada, Page 65 (Chapter 68, SB 135)ê

 

      Sec. 2.  NRS 493.190 is hereby amended to read as follows:

      493.190  [1.  The state aeronautics commission, its members, the director, officers and employees of the commission, and every] Every state and municipal officer charged with the enforcement of state and municipal laws, shall enforce and assist in the enforcement of NRS 493.130 to 493.200, inclusive, and of all rules, regulations and orders issued pursuant thereto, and of all other laws of this state relating to aeronautics. In that connection, each of the aforesaid persons is authorized to inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where airports, air navigation facilities, air schools, or other aeronautical activities are operated or conducted.

      [2.  In aid of the enforcement of NRS 493.130 to 493.200, inclusive, the rules, regulations and orders issued pursuant thereto, and of all other laws of the state relating to aeronautics, general police powers are hereby conferred upon the state aeronautics commission, each of its members, the director, and such of the officers and employees of the commission as may be designated by it to exercise such powers.]

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

 

________

 

 

CHAPTER 69, AB 30

Assembly Bill No. 30–Mr. Bissett

CHAPTER 69

AN ACT to amend NRS section 160.090 relating to the appointment and bonds of guardians under the Uniform Veterans’ Guardianship Act.

 

[Approved March 4, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 160.090 is hereby amended to read as follows:

      160.090  1.  [Before making an appointment under the provisions of this chapter the court shall be satisfied that the guardian whose appointment is sought is a fit and proper person to be appointed. Upon the appointment being made the guardian shall execute and file a bond to be approved by the court in an amount not less than the sum then due and estimated to become payable during the ensuing year. The bond shall be in the form and be conditioned as required of guardians appointed under the guardianship laws of this state. The court shall have power from time to time to require the guardian to file an additional bond.

      2.  Where a bond is tendered by a guardian with personal sureties, such sureties shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and that they are each worth the sum named in the bond as the penalty thereof over and above all their debts and liabilities and exclusive of property exempt from execution.] Before making an appointment under the provisions of this chapter the court shall be satisfied that the person whose appointment as guardian is sought is a fit and proper person to be appointed.


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ê1959 Statutes of Nevada, Page 66 (Chapter 69, AB 30)ê

 

      2.  Upon the appointment being made the guardian shall, except as otherwise provided in this section, execute and file a bond to be approved by the court in an amount not less than the value of the personal property of the estate plus the anticipated annual income. Thereafter the amount of such bond shall be equal to the total value of the personal estate plus the annual income. The bond shall be in the form and be conditioned as required of guardians appointed under the provisions of chapter 159 of NRS. The premiums on all such bonds shall be paid from the estate.

      3.  If a banking corporation, as defined by NRS 657.010, doing business in this state is appointed guardian of the estate of a ward no bond shall be required of such guardian unless the court by specific order requires the same.

      4.  If the court orders that the estate and income, or a part thereof, be deposited in a banking corporation, as defined by NRS 657.010, doing business in this state and that such estate and income, or any part thereof, shall not thereafter be withdrawn without authorization of the court, then the amount of the guardian’s bond shall be reduced in an amount equal to the amount of the estate and income on deposit with such banking corporation, and the surety on such bonds shall be exonerated from any loss to the estate in connection with such deposit.

      5.  Where a bond is tendered by a guardian with personal sureties, such sureties shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall contain a statement that they are each worth the sum named in the bond as the penalty thereof over and above all their debts and liabilities and exclusive of property exempt from execution.

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

 

________

 

 

CHAPTER 70, AB 185

Assembly Bill No. 185–Mr. Bleak

CHAPTER 70

AN ACT to amend NRS sections 454.010, 454.020 and 454.070, relating to definitions and classification of certain poisons and to labeling required prior to sale of such poisons, by requiring a caution label on carbon tetrachloride products; by prescribing the form of label; and by providing other matters properly relating thereto.

 

[Approved March 4, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 454.010 is hereby amended to read as follows:

      454.010  As used in this chapter, “poison” means and includes the compositions of the following schedules:

      Schedule “A”:

      1.  Antiseptic tablets containing corrosive sublimate.

      2.  Arsenic, its compounds and preparations.


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ê1959 Statutes of Nevada, Page 67 (Chapter 70, AB 185)ê

 

      3.  Corrosive sublimate.

      4.  Corrosive sublimate tablets.

      5.  Cyanide of potassium.

      6.  Hydrocyanic acid.

      7.  Oils of croton.

      8.  Phosphorus and its poisonous derivatives or compounds.

      9.  Rue and tansy.

      10.  Strophanthus or its preparations.

      11.  Strychnine.

      Schedule “B”:

      1.  Aconite.

      2.  Alkaloids or derivatives.

      3.  Belladonna.

      4.  Bromide.

      5.  Cantharides.

      6.  Chloroform.

      7.  Cocculus indicus or its preparations.

      8.  Cowhage.

      9.  Creosote.

      10.  Ether.

      11.  Hydrochloric or muriatic acid.

      12.  Iodine or its tinctures.

      13.  Nitric acid.

      14.  Nux vomica.

      15.  Oils of savin and pennyroyal.

      16.  Oxalic acid.

      17.  Solution of formaldehyde or formalin.

      18.  Sugar of lead.

      19.  Sulphate of zinc.

      20.  Sulphuric acid.

      21.  Tartar emetic and other poisonous derivatives of antimony.

      22.  Veratrum.

      23.  Veride or preparations.

      24.  Wood alcohol.

      Schedule “C”:

      1.  Carbon tetrachloride.

      Sec. 2.  NRS 454.020 is hereby amended to read as follows:

      454.020  1.  It shall be unlawful for any person to vend, sell, give away or furnish, either directly or indirectly, any poisons enumerated in Schedules [“A” and “B”] “A,” “B” and “C” in NRS 454.010 without labeling the package, box, bottle or paper in which the poison is contained with:

      (a) The name of the article.

      (b) The word “poison.”

      (c) The name and place of business of the person furnishing the same.

      2.  It shall be unlawful for any person to vend, sell, give away or furnish either directly or indirectly, any poisons enumerated in Schedule “C” in NRS 454.010 without labeling the package, box, bottle or paper in which the poison is contained with, in addition to the items required by subsection 1 of this section, the following:

 


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

ê1959 Statutes of Nevada, Page 68 (Chapter 70, AB 185)ê

 

paper in which the poison is contained with, in addition to the items required by subsection 1 of this section, the following:

DANGER! HAZARDOUS VAPOR

AND LIQUID

MAY BE FATAL IF INHALED

OR SWALLOWED

Use only with adequate ventilation.

Do not breathe vapor.

Avoid prolonged or repeated

contact with skin.

Do not take internally.

      3.  The label shall be substantially in the form provided in this chapter.

      Sec. 3.  NRS 454.070 is hereby amended to read as follows:

      454.070  1.  The label required by this chapter to be placed on all packages of poison enumerated in Schedules “A,” “B” and “C” shall:

      (a) Be printed upon red paper in distinct white letters, or in distinct red letters upon white paper.

      (b) Contain the word “poison.”

      (c) Contain the vignette representing the skull and crossbones.

      (d) Contain the name and address of the person or firm selling the same.

      2.  The name of an antidote, if there be any, for the poison sold shall also be upon the package.

 

________

 

 

CHAPTER 71, AB 211

Assembly Bill No. 211–Committee on Ways and Means

CHAPTER 71

AN ACT providing for the construction, furnishings and equipment of additional portions of a ward building unit at the Nevada state hospital, and making an appropriation therefor; defining certain duties of the state planning board, the superintendent of the Nevada state hospital and the attorney general; and providing other matters properly relating thereto.

 

[Approved March 4, 1959]

 

      Whereas, The 48th session of the legislature of the State of Nevada appropriated the sum of $50,000 for the purpose of the design, construction and furnishing in part of a children’s ward building at the Nevada state hospital; and

      Whereas, Financial savings can be realized by the immediate design and construction of the additional portions of such buildings; now, therefore,

 

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

do enact as follows:

 

      Section1.  For the support of the state planning board in carrying out the design, construction and equipment of additional portions of a children’s ward building at the Nevada state hospital, there is hereby appropriated from the general fund in the state treasury the sum of $141,719.


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ê1959 Statutes of Nevada, Page 69 (Chapter 71, AB 211)ê

 

      Sec. 2.  The state planning board is hereby charged with the duty of carrying out the provisions of this act relating to the design, contract administration, construction, equipment and furnishings provided for in this act. The superintendent of the Nevada state hospital and the state planning board shall cooperate in carrying out the provisions of this act. All plans and specifications and contracts for the whole or part or parts of the construction, furnishings and equipment shall be approved by the state planning board, and each contract shall be approved by the attorney general before any such contract may be let.

      Sec. 3.  The state planning board shall employ competent architects who, in turn, shall employ competent structural and mechanical engineers in preparing plans and specifications. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the construction of the building and the equipment and furnishings thereof. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. The state planning board may accept bids on either the whole or on a part or parts of the construction, equipment and furnishings, and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electrical construction, if savings will result thereby, at their discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.

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

 

________

 

 

CHAPTER 72, AB 246

Assembly Bill No. 246–Mr. Nevin

CHAPTER 72

AN ACT authorizing Storey County, State of Nevada, to establish, construct, otherwise acquire, reconstruct, improve, extend or better, a firehouse, and improvements incidental thereto, to equip and furnish the same, and to acquire a suitable site or grounds therefor; concerning the issuance of bonds therefor in not to exceed the aggregate principal amount of $100,000 and the levy of taxes in connection therewith; prescribing other details concerning such bonds and such taxes; and concerning other matters properly relating thereto.

 

[Approved March 4, 1959]

 

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

do enact as follows:

 

      Section1.  The board of county commissioners of Storey County, State of Nevada, is hereby authorized and empowered, in addition to the powers elsewhere conferred upon the board, to establish, construct, otherwise acquire, reconstruct, improve, extend or better, a firehouse, and improvements incidental thereto, to equip and furnish the same, to acquire a suitable site or grounds therefor, and to issue general obligation bonds therefor in not to exceed the aggregate principal amount of $100,000.


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ê1959 Statutes of Nevada, Page 70 (Chapter 72, AB 246)ê

 

amount of $100,000. (Such building, incidental improvements, equipment, furnishings, sites and grounds, are hereinafter sometimes designated as the facilities.)

      Sec. 2.  The board of county commissioners is hereby authorized and empowered to submit to the qualified electors of the county a question or questions authorizing the issuance of general obligation bonds to defray the cost of such facilities, at a special, primary or general election, held in compliance with NRS 350.010 to 350.200, inclusive, and all laws amendatory thereof, and all other election laws of the state so far as the same can be made applicable and which are not inconsistent herewith. In the event a majority of the white ballots and a majority of the colored ballots on any such questions both are in favor of the issuance of such bonds, the proposal to issue them shall have carried, and the board of county commissioners may thereafter proceed to issue the bonds as herein provided. If a majority of either the white ballots or the colored ballots, or a majority of both, on such question, is against the issuance of the bonds, then such proposal shall have failed and the board shall be without power to issue the bonds as herein provided. The submission of a question of issuing bonds as herein provided shall not prevent or prohibit the submission of the same or a similar question at a subsequent election or elections called for that purpose.

      Sec. 3.  The bonds shall be of convenient denominations, shall be negotiable in form, shall mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal or upon an amortization plan for the bonds so that substantially equal amounts shall be required annually for the payment of the principal of and interest on the bonds, except for the first or last installment, or both, which may be for greater or lesser amounts, or both, than required by either of the aforesaid limitations, or in amounts otherwise designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 20 years from such date, and shall bear interest at a rate or rates of not more than 5 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals. The bonds shall be made payable in lawful money of the United States of America, at such places or places within or without the State of Nevada as may be provided by the board, and the bonds 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 chairman of the board of county commissioners and countersigned by the treasurer of the county, and the bonds shall be authenticated by the official seal of the county. Facsimile signatures may be used on the coupons. The board of county commissioners may provide for the registration of the bonds for payment as to principal or interest, or both, and may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premium, if any, as may be determined by the board in the ordinance authorizing the issuance of the bonds.


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ê1959 Statutes of Nevada, Page 71 (Chapter 72, AB 246)ê

 

      Sec. 4.  The board is hereby authorized to sell such bonds at one time, or from time to time, at public or private sale, as the board may determine, for not less than the principal amount thereof and accrued interest; provided, however, that none of the bonds shall be issued, sold or delivered after 3 years from the effective date of this act. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly, provided that the board may employ legal, fiscal, engineering or other expert services in connection with the acquisition, reconstruction, improvement, extension or betterment of such facilities and with the authorization, issuance and sale of such bonds.

      Sec. 5.  The general obligation bonds authorized to be issued under the provisions of this act shall be payable from general (ad valorem) taxes levied against all the taxable property in the county, including the net proceeds of mines; and so far as legally possible, within the limitations of section 2 of article 10 of the constitution of the State of Nevada, the bonds shall be payable as to both principal and interest from taxes, fully sufficient for that purpose, to be levied on all taxable property within the boundaries of the county, and without regard to any statutory tax limitations now or hereafter existing. It shall be the duty of the board and of any other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as they become due. In any year in which the total taxes levied against the taxable property in the county by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of such section 2 of article 10. Nothing herein contained shall be so construed as to prevent the county from applying other funds that may be in the treasury and available for that purpose to the payment of such interest and principal as the same respectively mature, and upon such payments the levy or levies therefor provided may thereupon to that extent be diminished.

      Sec. 6.  The ordinance or ordinances providing for the issuance of such bonds may state the bonds shall contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.

      Sec. 7.  This act, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise specifically provided. No other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done, shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto.


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ê1959 Statutes of Nevada, Page 72 (Chapter 72, AB 246)ê

 

proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or any part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.

      Sec. 8.  Bonds issued under the provisions of this act, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.

      Sec. 9.  It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.

      Sec. 10.  This act being necessary to secure and preserve the public health, safety, and convenience and welfare, it shall be liberally construed to effect its purpose.

      Sec. 11.  If any provision of this act or the application thereof to any person, association, corporation, or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this extent the provisions of this act are declared to be severable.

      Sec. 12.  This act shall become effective upon passage and approval.

 

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CHAPTER 73, AB 260

Assembly Bill No. 260–Nye County Delegation

CHAPTER 73

AN ACT to amend an act entitled “An Act incorporating the city of Gabbs, in Nye County, Nevada, and defining the boundaries thereof; authorizing the establishment of a city government therefor; and other matters properly relating thereto,” approved March 29, 1955, as amended.

 

[Approved March 4, 1959]

 

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

do enact as follows:

 

      Section1.  Section 17 of the above-entitled act, being chapter 381, Statutes of Nevada 1955, at page 669, is hereby amended to read as follows:

      Section 17.  Vacancy in Office-Resignation-Election of Successors.  Resignation of the mayor or any councilman elected under this act, or any other charter officer created by this act, shall be made in writing to the board of councilmen. [for their action thereupon.] In case of the removal of the domiciles of the mayor or any councilman or any other charter officer from the territorial limits of the city, such removal shall ipso facto be deemed to create a vacancy in his office. In case of any vacancy from any cause in the office of [mayor or] any councilman, the same shall be filled for the unexpired term by a majority vote of the remaining members of the board.


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ê1959 Statutes of Nevada, Page 73 (Chapter 73, AB 260)ê

 

      Sec. 2.  Section 46 of the above-entitled act, being chapter 381, Statutes of Nevada 1955, at page 688, is hereby amended to read as follows:

      Section 46.  Statement of Finances.  The city clerk shall prepare on or before the 1st Monday in [March] September of each year, and thereafter keep on file in his office, subject to public inspection, a detailed statement of the financial condition of the city and of all receipts and disbursements for the previous year, ending [December 31,] June 30, showing:

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

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

      3.  The amount of sinking fund and how invested.

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

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

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

      7.  The amount of cash in the city treasury and in its several funds. He shall publish on or before the 1st Monday in [March] September of each year, in some newspaper having a general circulation in the county, a notice that such a detailed statement has been prepared, is on file in his office, and open to the public inspection at all times.

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

 

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CHAPTER 74, AB 181

Assembly Bill No. 181–Messrs. Bastian and Swackhamer

CHAPTER 74

AN ACT to amend chapter 361 of NRS, relating to property tax, by creating a new provision authorizing hearings before the state board of equalization protesting assessments resulting from property valuations fixed by the Nevada tax commission.

 

[Approved March 4, 1959]

 

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

do enact as follows:

 

      Section1.  Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Notwithstanding any other provision of this chapter, any person, firm, company, association or corporation, claiming overvaluation or excessive valuation of its property in this state solely by reason of the valuation placed thereon by the Nevada tax commission pursuant to NRS 361.320 and 361.325, shall be entitled to a hearing before the state board of equalization to protest any assessment resulting therefrom, without appearing before or requesting relief from the county board of equalization.

 

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ê1959 Statutes of Nevada, Page 74ê

 

CHAPTER 75, SB 136

Senate Bill No. 136–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 75

AN ACT to repeal NRS section 496.190 relating to the authority of the state aeronautics commission to accept and disburse money.

 

[Approved March 4, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 496.190 is hereby repealed.

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

 

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CHAPTER 76, AB 18

Assembly Bill No. 18–Messrs. Pozzi and Bailey

CHAPTER 76

AN ACT to amend Title 34 of NRS relating to education by creating a new chapter relating to the Western Regional Higher Education Compact; by authorizing its execution by the governor; by stating the form and contents of such compact; by providing for the number, appointment, qualifications, compensation and terms of commissioners from the State of Nevada, the procedure for their removal from office and the filling of vacancies; by imposing certain duties upon state officers in connection with such compact; by requiring the commissioners to keep accurate accounts and to make reports; and by providing other matters properly relating thereto.

 

[Approved March 4, 1959]

 

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

do enact as follows:

 

      Section1.  Title 34 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 2 to 9, inclusive, of this act.

      Sec. 2.  1.  The governor is hereby authorized and directed to execute a compact on behalf of this state with each or all of the 12 western states and the Territory of Hawaii for the purpose of cooperating with such states and territory in the formation of a Western Interstate Commission for Higher Education.

      2.  Notice of intention to withdraw from such compact shall be executed and transmitted by the governor.

      Sec. 3.  The form and contents of such compact shall be substantially as provided in this section and the effect of its provisions shall be interpreted and administered in conformity with the provisions of this chapter:

 

WESTERN REGIONAL HIGHER EDUCATION COMPACT

      The contracting states do hereby agree as follows:

 

ARTICLE 1

      Whereas, The future of this Nation and of the Western States is dependent upon the quality of the education of its youth; and

      Whereas, Many of the Western States individually do not have sufficient numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional, and graduate training, nor do all the states have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above; and

 


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ê1959 Statutes of Nevada, Page 75 (Chapter 76, AB 18)ê

 

sufficient numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional, and graduate training, nor do all the states have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above; and

      Whereas, It is believed that the Western States, or groups of such states within the region, cooperatively can provide acceptable and efficient educational facilities to meet the needs of the region and of the students thereof;

      Now, therefore, the States of Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming, and the Territory of Hawaii do hereby covenant and agree as follows:

 

ARTICLE 2

      Each of the compacting states and territory pledges to each of the other compacting states and territory faithful cooperation in carrying out all the purposes of this compact.

 

ARTICLE 3

      The compacting states and territory hereby create the Western Interstate Commission for Higher Education, hereinafter called the commission. Said commission shall be a body corporate of each compacting state and territory and an agency thereof. The commission shall have all the powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states and territory.

 

ARTICLE 4

      The commission shall consist of three resident members from each compacting state or territory. At all times one commissioner from each compacting state or territory shall be an educator engaged in the field of higher education in the state or territory from which he is appointed.

      The commissioners from each state and territory shall be appointed by the governor thereof as provided by law in such state or territory. Any commissioner may be removed or suspended from office as provided by the law of the state or territory from which he shall have been appointed.

      The terms of each commissioner shall be four years; provided, however, that the first three commissioners shall be appointed as follows: one for two years, one for three years, and one for four years. Each commissioner shall hold office until his successor shall be appointed and qualified. If any office becomes vacant for any reason, the governor shall appoint a commissioner to fill the office for the remainder of the unexpired term.

 

ARTICLE 5

      Any business transacted at any meeting of the commission must be by affirmative vote of a majority of the whole number of compacting states and territory.

      One or more commissioners from a majority of the compacting states and territory shall constitute a quorum for the transaction of business.


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ê1959 Statutes of Nevada, Page 76 (Chapter 76, AB 18)ê

 

      Each compacting state and territory represented at any meeting of the commission is entitled to one vote.

 

ARTICLE 6

      The commission shall elect from its number a chairman and a vice chairman, and may appoint, and at its pleasure dismiss or remove, such officers, agents, and employees as may be required to carry out the purpose of this compact; and shall fix and determine their duties, qualifications and compensation, having due regard for the importance of the responsibilities involved.

      The commissioners shall serve without compensation, but shall be reimbursed for their actual and necessary expenses from the funds of the commission.

 

ARTICLE 7

      The commission shall adopt a seal and by-laws and shall adopt and promulgate rules and regulations for its management and control.

      The commission may elect such committees as it deems necessary for the carrying out of its functions.

      The commission shall establish and maintain an office within one of the compacting states for the transaction of its business and may meet at any time, but in any event must meet at least once a year. The chairman may call such additional meetings and upon the request of a majority of the commissioners of three or more compacting states or territory shall call additional meetings.

      The commission shall submit a budget to the governor of each compacting state and territory at such time and for such period as may be required.

      The commission shall, after negotiations with interested institutions, determine the cost of providing the facilities for graduate and professional education for use in its contractual agreements throughout the region.

      On or before the fifteenth day of January of each year, the commission shall submit to the governors and legislatures of the compacting states and territory a report of its activities for the preceding calendar year.

      The commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by the governor of any compacting state or territory or his designated representative. The commission shall not be subject to the audit and accounting procedure of any of the compacting states or territory. The commission shall provide for an independent annual audit.

 

ARTICLE 8

      It shall be the duty of the commission to enter into such contractual agreements with any institutions in the region offering graduate or professional education and with any of the compacting states or territory as may be required in the judgment of the commission to provide adequate services and facilities of graduate and professional education for the citizens of the respective compacting states or territory. The commission shall first endeavor to provide adequate services and facilities in the fields of dentistry, medicine, public health, and veterinary medicine, and may undertake similar activities in other professional and graduate fields.


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ê1959 Statutes of Nevada, Page 77 (Chapter 76, AB 18)ê

 

medicine, and may undertake similar activities in other professional and graduate fields.

      For this purpose the commission may enter into contractual agreements-

      (a) With the governing authority of any educational institution in the region, or with any compacting state or territory, to provide such graduate or professional educational services upon terms and conditions to be agreed upon between contracting parties, and

      (b) With the governing authority of any educational institution in the region or with any compacting state or territory to assist in the placement of graduate or professional students in educational institutions in the region providing the desired services and facilities, upon such terms and conditions as the commission may prescribe.

      It shall be the duty of the commission to undertake studies of needs for professional and graduate educational facilities in the region, the resources for meeting such needs, and the long-range effects of the compact on higher education; and from time to time to prepare comprehensive reports on such research for presentation to the Western Governors’ Conference and to the legislatures of the compacting states and territory. In conducting such studies, the commission may confer with any national or regional planning body which may be established. The commission shall draft and recommend to the governors of the various compacting states and territory, uniform legislation dealing with problems of higher education in the region.

      For the purposes of this compact the word “region” shall be construed to mean the geographical limits of the several compacting states and territory.

 

ARTICLE 9

      The operating costs of the commission shall be apportioned equally among the compacting states and territory.

 

ARTICLE 10

      This compact shall become operative and binding immediately as to those states and territories adopting it whenever five or more of the states or territories of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska, and Hawaii have duly adopted it prior to July 1, 1953. This compact shall become effective as to any additional states or territory adopting thereafter at the time of such adoption.

 

ARTICLE 11

      This compact may be terminated at any time by consent of a majority of the compacting states and territory. Consent shall be manifested by passage and signature in the usual manner of legislation expressing such consent by the legislature and governor of such terminating state. Any state or territory may at any time withdraw from this compact by means of appropriate legislation to that end. Such withdrawal shall not become effective until two years after written notice thereof by the governor of the withdrawing state or territory accompanied by a certified copy of the requisite legislative action is received by the commission. Such withdrawal shall not relieve the withdrawing state or territory from its obligations hereunder accruing prior to the effective date of withdrawal.


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ê1959 Statutes of Nevada, Page 78 (Chapter 76, AB 18)ê

 

date of withdrawal. The withdrawing state or territory may rescind its action of withdrawal at any time within the two-year period. Thereafter, the withdrawing state or territory may be reinstated by application to and the approval by a majority vote of the commission.

 

ARTICLE 12

      If any compacting state or territory shall at any time default in the performance of any of its obligations assumed or imposed in accordance with the provisions of this compact, all rights, privileges and benefits conferred by this compact or agreements hereunder, shall be suspended from the effective date of such default as fixed by the commission.

      Unless such default shall be remedied within a period of two years following the effective date of such default, this compact may be terminated with respect to such defaulting state or territory by affirmative vote of three-fourths of the other member states or territory.

      Any such defaulting state may be reinstated by: (a) performing all acts and obligations upon which it has heretofore defaulted, and (b) application to and the approval by a majority vote of the commission.

      Sec. 4.  1.  In furtherance of the provisions contained in the compact, there shall be three commissioners from the State of Nevada, appointed by the governor.

      2.  The qualifications and terms of the commissioners shall be in accordance with Article 4 of the compact. A commissioner shall hold office until his successor is appointed and qualified but such successor’s term shall expire 4 years from the legal date of expiration of the term of his predecessor.

      3.  Any commissioner may be removed from office by the governor upon charges and after a hearing.

      4.  The term of any commissioner who ceases to hold the required qualifications shall terminate when a successor may be duly appointed.

      5.  Vacancies occurring in the office of a commissioner from any reason or cause shall be filled for the unexpired term in the same manner as for a full-term appointment.

      6.  Each commissioner shall receive the travel expenses and per diem allowances as provided by law incurred in the performance of his official duties in behalf of the commission.

      Sec. 5.  1.  All officers of the state are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the compact in every particular, it being hereby declared to be the policy of this state to perform and carry out the compact and to accomplish the purposes thereof.

      2.  All officers, bureaus, departments and persons of and in the state government or administration of the state are hereby authorized and directed at convenient times and upon request of the commission to furnish the commission with information and data possessed by them and to aid the commission by any means lying within their legal rights.

      Sec. 6.  1.  Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund.


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ê1959 Statutes of Nevada, Page 79 (Chapter 76, AB 18)ê

 

      2.  Funds so appropriated may be used:

      (a) To pay dues to the Western Interstate Commission for Higher Education.

      (b) To provide contract places for Nevada residents in graduate or professional schools.

      (c) To meet necessary administrative expenses.

      Sec. 7.  1.  The commissioners shall:

      (a) Choose from among Nevada residents who apply those most qualified for contract places; and

      (b) Certify them to receiving institutions.

      2.  Before certifying a student the commissioners shall, on behalf of the state, enter into a written contract with the student. The contract shall:

      (a) Set forth the methods and terms of repayment by the student to the state and shall be on terms and conditions and in a form provided by the commissioners.

      (b) Provide that the student shall, within 1 year after completing his professional education and internship, begin the practice of his profession within Nevada.

      (c) Provide that if the student engages in the practice of his profession within the state his indebtedness to the state may be discharged:

             (1) If he practices his profession in a city or town of 3,000 population or less, at the rate of 1 year of practice for each 1 year of study for which a portion of the cost was paid by the state; or

             (2) By payment to the state of all sums expended by the state for and in behalf of the student within 6 years after the completion of his professional education and internship together with interest at the rate of 4 percent per annum from the date or dates of disbursement by the state.

      Sec. 8.  The commission shall:

      1.  Keep accurate accounts of its activities.

      2.  Report to the governor and the legislature on August 1 of any year preceding a session of the legislature, setting forth in detail the transactions conducted by it during the period since its last report.

      3.  Make recommendations for any legislative action deemed by it advisable, including amendments to the statutes which may be necessary to carry out the intent and purposes of the compact between the signatory states.

      Sec. 9.  When the governor, on behalf of the state, executes the compact, he shall attach his signature thereto under a recital that such compact is executed pursuant to the provisions of this chapter, subject to the limitations and qualifications contained in this chapter, in aid and furtherance thereof.

 

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ê1959 Statutes of Nevada, Page 80ê

 

CHAPTER 77, AB 24

Assembly Bill No. 24–Messrs. Giomi and Rowntree

CHAPTER 77

AN ACT to amend NRS section 387.125, relating to the apportionment of the state distributive school fund, by changing the method of computing the minimum yearly requirements of school districts by deleting certain provisions relating to the costs of transportation of pupils.

 

[Approved March 4, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 387.125 is hereby amended to read as follows:

      387.125  1.  The state board of education shall establish uniform rules to be used in calculating the average daily attendance of pupils and the actual number of certified employees to which each school district is entitled for apportionment purposes. For making the apportionments now or hereafter authorized and directed to be made under the provisions of this Title of NRS, “average daily attendance” shall mean the 6 months of highest average daily attendance for the current school year.

      2.  Immediately after the state controller shall have made his quarterly report, the state board of education shall apportion the state distributive school fund among the several county school districts and joint school districts in the following manner:

      (a) The minimum yearly requirements of each school district shall be determined, which requirements shall be the sum of:

             (1) $4,000 per certified employee.

             (2) $80 per pupil.

             (3) $40 per kindergarten pupil.

             (4) One-half of the cost of transportation during the previous year computed in a manner prescribed by the state board of education. [, but which computation shall not include the cost of purchase of new school buses.] For the first year, one-half of the actual expenses during the preceding year shall be used, but if there was no actual expense for the prior year the budget estimate shall be used and adjustments made.

             (5) $200 per handicapped child as defined in NRS 388.440.

      (b) The availability of local funds shall be determined, which local funds shall be the sum of the proceeds of the 70-cent local tax levied in accordance with the provisions of NRS 387.195 or 387.250 and computed as provided in NRS 387.200 or 387.255, which local funds shall be the sum of:

             (1) The proceeds of the 70-cent local tax, computed as provided in NRS 387.200 or 387.255; and

             (2) That proportion of all moneys received by the school district under the provisions of Public Law 874, 81st Congress, approved September 30, 1950, as amended, during the previous year which the assessed valuation of taxable property per student in the school district bears to the average assessed valuation of taxable property per student in the state, as follows:


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ê1959 Statutes of Nevada, Page 81 (Chapter 77, AB 24)ê

 

Percent                                                                                                                        Percent

90 to 100 of the state average per student assessed valuation.....................    35

80 to 90 of the state average per student assessed valuation.......................    30

70 to 80 of the state average per student assessed valuation.......................    25

60 to 70 of the state average per student assessed valuation.......................    20

50 to 60 of the state average per student assessed valuation.......................    15

40 to 50 of the state average per student assessed valuation.......................    10

30 to 40 of the state average per student assessed valuation.......................       5

20 to 30 of the state average per student assessed valuation.......................       0

 

      (c) Apportionment computed on a yearly basis shall consist of the difference between the minimum yearly requirements as computed in paragraph (a) of this subsection and the local funds available as computed in paragraph (b) of this subsection, but no school district shall receive less than one-half of the minimum yearly requirements.

      (d) Apportionments shall be paid quarterly at the times provided in NRS 387.120, each quarterly payment to consist of approximately one-fourth of the yearly apportionment as computed in paragraph (c) of this subsection. The first quarterly apportionment based on an estimated number of certified employees and pupils and succeeding quarterly apportionments shall be subject to adjustment from time to time as the need therefor may appear. A final adjustment shall be made in the August apportionment of the succeeding year by adding or subtracting the difference between the amount paid in the previous year and the amount computed on the actual average daily attendance of the highest 6 months of the previous year, so that for any school year the adjusted amount paid shall be equal to, but shall not exceed, the sum computed for the highest 6 months of average daily attendance.

      3.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees shall be credited with attendance during that period.

 

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CHAPTER 78, AB 174

Assembly Bill No. 174–Messrs. Pozzi, Young and Hunter

CHAPTER 78

AN ACT to amend NRS section 396.040, relating to the election and terms of office of members of the board of regents of the University of Nevada and the division of the state into districts for their election, by providing that members of the board of regents of the University of Nevada shall be elected by qualified electors within districts rather than at large within the state; by deleting temporary language; and by providing other matters properly relating thereto.

 

[Approved March 4, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 396.040 is hereby amended to read as follows:

      396.040  1.  [By the provisions of chapter 284, Statutes of Nevada 1955, at page 463, the legislative commission was authorized and instructed to engage the services of a firm of management consultants or other expert assistance for the purpose of making an investigation into the administration and academic operation of the University of Nevada and to report the results thereof and make recommendations in connection therewith to the legislative commission.


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ê1959 Statutes of Nevada, Page 82 (Chapter 78, AB 174)ê

 

instructed to engage the services of a firm of management consultants or other expert assistance for the purpose of making an investigation into the administration and academic operation of the University of Nevada and to report the results thereof and make recommendations in connection therewith to the legislative commission. As required by law, the report and the recommendations of the expert assistance engaged by the legislative commission have been transmitted to the 48th session of the legislature. The legislature specifically finds and declares, as a result of such investigation into the administration and academic operation of the University of Nevada, that the emergency of the situation respecting the University of Nevada is a special occasion calling for extraordinary action on the part of the legislature and that an emergency exists now whereby it is necessary that the number of the board of regents of the University of Nevada be increased and that such increased number should be inducted into office prior to their election by the people.

      2.  The five members of the board of regents elected by the people and holding office on March 21, 1957, shall continue in office for the terms for which they were elected. At the general elections next preceding the expiration of the terms of office for which such members of the board of regents were elected their successors shall be elected by the people for the terms and in the manner provided in this section.

      3.  Notwithstanding the provisions of NRS 396.060, the four vacancies in the offices of members of the board of regents created by the amendment of NRS 396.030 shall be filled by appointment by the legislature in joint convention immediately after March 21, 1957. The four persons so appointed by the legislature to fill such vacancies shall hold office until the 1st Monday in January 1959. In case of a vacancy in the board of regents caused by death, resignation or otherwise of a member of the board of regents appointed by the legislature pursuant to the provisions of this section, such vacancy shall be filled in the manner provided by NRS 396.060.

      4.]  For the purpose of electing members of the board of regents at the general election to be held in November [1958] 1960 and at general elections thereafter the state is divided into three districts as follows:

      (a) Washoe County shall be known as district No. 1, with three members of the board of regents residing therein to be elected [at large] by the qualified electors within the [state.] district.

      (b) Clark County shall be known as district No. 2, with three members of the board of regents residing therein to be elected [at large] by the qualified electors within the [state.] district.

      (c) The remainder of the state shall be known as district No. 3, with three members of the board of regents residing therein to be elected [at large] by the qualified electors within the [state.] district.

      [5.]2.  At the general election to be held in November 1958:

      (a) From district No. 1, one member of the board of regents shall be elected for a term of 2 years, and one member of the board of regents shall be elected for a term of 4 years.


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ê1959 Statutes of Nevada, Page 83 (Chapter 78, AB 174)ê

 

      (b) From district No. 2, one member of the board of regents shall be elected for a term of 2 years, and one member of the board of regents shall be elected for a term of 4 years.

      (c) From district No. 3, one member of the board of regents shall be elected for a term of 2 years, and two members of the board of regents shall be elected for terms of 4 years.

      Thereafter, the successors to the holdover members of the board of regents representing districts Nos. 1 and 2 and not elected at the general election in 1958, and the successors to the members of the board of regents elected at the general election in 1958, shall be elected by the people for terms of 4 years each.

      [6.]3.  The term of office of each member of the board of regents elected by the people shall begin on the 1st Monday in January next succeeding the date of his election.

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

 

________

 

 

CHAPTER 79, SB 4

Senate Bill No. 4–Senator Monroe

CHAPTER 79

AN ACT to amend NRS sections 301.050 and 301.080, relating to the duties of county clerks with respect to applicants for mailing ballots and to the preparation, posting and delivery of lists of voters, by deleting a provision requiring county clerks to forward, by registered mail, ballots and other voting material to voters in mailing districts; and by requiring county clerks to prepare the list of voters on election day.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 301.050 is hereby amended to read as follows:

      301.050  The county clerk, upon receipt of the application, shall satisfy himself that the applicant is duly qualified to vote in the precinct in which the application is made, and shall enroll the name and address of the applicant, if found eligible, in a book to be provided for such purpose, and mark on the envelope as described in subsection 2 the number of the ballot enclosed, and forward the same to the applicant, [by registered mail,] together with the following:

      1.  An envelope containing the ballot, sealed and marked “Ballot within.”

      2.  An identification envelope for enclosing the marked ballot, which envelope shall have printed thereon:

      Number of ballot .......... Voted by ......................... Not to be opened until day of election, and to be voted by the central election board of ......................... County, Nevada.

 

CERTIFICATION OF THE VOTER

      I hereby certify that on ........................., 19.........., I received a mailing voter’s ballot; that to the best of my knowledge I complied with the requirements of the law, and did seal the same in the envelope provided and mail the same.


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ê1959 Statutes of Nevada, Page 84 (Chapter 79, SB 4)ê

 

with the requirements of the law, and did seal the same in the envelope provided and mail the same.

                                          ......................................................................... (Signature of voter.)

 

CERTIFICATE OF COUNTY CLERK

      I hereby certify that the elector whose signature appears above is registered; that I have compared the signatures as required by law, and that I am satisfied he is entitled to vote at the election to be held on ........................., 19..........

                                          .................................................................................... County Clerk.

      3.  A stamp and stamp pad, if marking by stamp is required by law.

      4.  A properly addressed envelope for the return of the ballot.

      5.  A printed slip giving full instruction regarding the manner of marking the ballot, how prepared, and how returned.

      Sec. 2.  NRS 301.080 is hereby amended to read as follows:

      301.080  [Six days prior to] On the day of the election in which the ballots are designated to be cast, the county clerk shall make a list of the voters, showing their precincts, who have applied for ballots in accordance with the provisions of this chapter, and those whose ballots have been returned. A copy of the list shall be posted in a conspicuous place in the county courthouse, a copy mailed to the registry agents of the several mailing precincts established under the provisions of this chapter, who shall post the same in a conspicuous public place, and a copy delivered with the mailing ballots to the inspector of the central election board, with the ballots, as provided in NRS 301.070.

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

 

________

 

 

CHAPTER 80, AB 4

Assembly Bill No. 4–Mr. Humphrey (Washoe)

CHAPTER 80

AN ACT to amend NRS section 278.110, relating to chairmen, employees and expenses of regional planning commissions, by providing that funds made available through grant or gift may be used in paying expenses.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 278.110 is hereby amended to read as follows:

      278.110  1.  Annually, each county or regional planning commission shall elect a chairman from its own members.

      2.  It shall have power to employ experts, clerks and a secretary, and to pay for their services and such other expenses as may be necessary and proper, not exceeding, in all, the annual appropriation that may be made by the county or counties or municipalities for the commission [.] , together with such other funds as may be made available through grant, gift or other means.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 85ê

 

CHAPTER 81, AB 29

Assembly Bill No. 29–Miss Herr, Messrs. Dieleman and Gibson

CHAPTER 81

AN ACT to amend chapter 255 of NRS, relating to county surveyors, by creating a new provision requiring county surveyors elected or appointed after July 1, 1959, to be licensed as registered land surveyors.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  Chapter 255 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      No person may hold the office of county surveyor unless he is licensed as a registered land surveyor under the provisions of chapter 625 of NRS, but any person elected or appointed to the office of county surveyor before July 1, 1959, may continue to hold such office until the expiration of the term for which he was elected or appointed.

 

________

 

 

CHAPTER 82, AB 95

Assembly Bill No. 95–Messrs. Christensen (Clark), Christensen (Washoe) Humphrey (Washoe), and Pozzi (by request of the Legislative Commission)

CHAPTER 82

AN ACT to amend NRS section 284.360, relating to leaves of absence without pay for state employees, by allowing the board of regents of the University of Nevada to grant leaves of absence without pay under certain conditions to any member of the academic staff of the University of Nevada.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 284.360 is hereby amended to read as follows:

      284.360  1.  Any person holding a permanent position in the classified service may be granted a leave of absence without pay. Leave of absence may be granted to any person holding a position in the classified service to permit acceptance of an appointive position in the unclassified service.

      2.  Any person in the unclassified service, except members of the academic staff of the University of Nevada, may be granted by the appointing authority a leave of absence without pay for a period not to exceed 6 months.

      3.  The board of regents of the University of Nevada may grant a leave of absence without pay to any member of the academic staff of the University of Nevada for an unlimited period; but no such leave of absence shall be granted for a longer period than 2 years except for the purpose of pursuing activities which will tend to further the education of such person in his special field.

 

________

 

 


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ê1959 Statutes of Nevada, Page 86ê

 

CHAPTER 83, AB 111

Assembly Bill No. 111–Mr. Parks (by request)

CHAPTER 83

AN ACT to amend NRS sections 504.220, 504.230 and 504.320 relating to the establishment of private breeding grounds and private noncommercial breeding grounds for the propagation, culture and maintenance of game animals, game birds and fur-bearing animals and commercial or private shooting preserves; to amend chapter 504 of NRS relating to hatcheries, refuges and preserves, camps and cooperative game management areas by creating new provisions empowering the state board of fish and game commissioners to regulate hunting and fishing in wildlife management areas and declaring the public policy of the state and to regulate the use, access and occupancy of wildlife management areas owned, leased or controlled by the state board of fish and game commissioners; by providing penalties; and by providing other matters properly relating thereto.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 504.220 is hereby amended to read as follows:

      504.220  1.  Any person may establish a private breeding ground for the propagation, culture and maintenance of any [fur-bearing or food animal, or any game fowl.] game animal, game bird or fur-bearing animal.

      2.  Any person lawfully conducting any such private breeding ground and engaged in the propagation, culture and maintenance of such animals or [fowl] birds may take them in his own enclosed grounds wherein the same are so cultivated and maintained at any time and for the purpose mentioned in NRS 504.220 to 504.290, inclusive, and none other.

      3.  The products of such breeding ground may be sold at any time of the year by such breeders, or their then vendees, after having first complied with the terms and conditions of this Title.

      Sec. 2.  NRS 504.230 is hereby amended to read as follows:

      504.230  1.  Any person may establish a private noncommercial breeding ground for the propagation, culture and maintenance of any fur-bearing or [food] game animal, or any game bird, and shall pay therefor to the commission an annual license fee of $1.

      2.  The products of such noncommercial breeding ground shall not be sold, nor disposed of in any way other than for the immediate and personal use of the licensee.

      Sec. 3.  NRS 504.320 is hereby amended to read as follows:

      504.320  1.  Before any shooting may be done on such commercial or private shooting preserve, the licensee must advise the commission, in writing, of the number of each species of upland game bird reared, purchased or acquired for liberation, and request, and receive in writing, a shooting authorization which shall state the number of each species which may be taken by shooting.

      2.  Birds must be a least 8 weeks of age, full winged, and in a condition to go wild before liberation. Prior to release, all birds shall be banded with legbands, the specifications of which shall be determined by commission regulation. Legbands shall remain with the birds and not be removed until the birds are utilized by the hunter.

      3.  The licensee, or with his written permit the holder thereof, may take such upland game fowl from such licensed preserve by shooting only, from [September 1 to March 31, inclusive.]


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ê1959 Statutes of Nevada, Page 87 (Chapter 83, AB 111)ê

 

take such upland game fowl from such licensed preserve by shooting only, from [September 1 to March 31, inclusive.] August 1 to April 30, inclusive.

      4.  Permits to hunt on such licensed preserve may be used only on the date of issuance, and the hunter must carry the permit on his person at all times while on the area and while in possession of birds taken on such area.

      Sec. 4.  Chapter 504 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

      Sec. 5.  1.  In the interpretation and application of this section, the public policy of this state is declared as follows:

      (a) Wild animals, wild birds and fish in this state not domesticated and in their natural habitat are, by the provisions of NRS 501.100, declared to be part of the natural resources belonging to the people of the State of Nevada.

      (b) The preservation, protection and restoration of wildlife within the state is an inseparable part of providing adequate recreation for our people in the interest of public welfare.

      (c) It is the policy of this state to maintain in a state of high productivity those areas which can be most successfully used to sustain wildlife and which will provide adequate and suitable recreation.

      (d) To effectuate a coordinated and balanced program resulting in the maximum revival of wildlife in the state and in the maximum recreational advantages to the people of the state, the commission has created and maintains state-owned wildlife management areas, and, in cooperation with the United States Fish and Wildlife Service, the Department of Interior and other federal agencies, has created and maintains other cooperative wildlife management areas.

      2.  After due investigation, whenever the commission finds that it is necessary, in order to preserve, protect and restore the wildlife within any state-owned or other cooperative wildlife management area and to effectuate a coordinated and balanced program which will result in the maximum revival of wildlife in such areas, the commission may, by regulation:

      (a) Establish, extend, shorten or abolish open seasons and closed seasons within such areas.

      (b) Establish, change or abolish bag limits and possession limits in such areas.

      (c) Prescribe the manner and the means of taking wild animals, wild birds and fish in such areas.

      (d) Establish, change or abolish restrictions in such areas based upon sex, maturity or other physical distinctions.

      Sec. 6.  1.  The commission may prescribe regulations governing entry and access to, and occupancy and use of, lands controlled by the commission under cooperative agreements or owned or leased by the commission for the purposes of wildlife management areas or refuges for wildlife protection, propagation, restoration or management or for the purpose of public recreation.

      2.  A violation of any regulation promulgated pursuant to the provisions of subsection 1 is a misdemeanor.

 

________

 

 


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ê1959 Statutes of Nevada, Page 88ê

 

CHAPTER 84, AB 112

Assembly Bill No. 112–Mr. Parks (by request)

CHAPTER 84

AN ACT to amend chapter 616 of NRS relating to industrial insurance by creating a new provision relating to industrial insurance coverage of members of the state board of fish and game commissioners and the county game management boards.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Members of the state board of fish and game commissioners and the county game management boards, who serve without compensation pursuant to the provisions of NRS 501.135 and 501.285, while engaged in their designated duty as such members, shall be deemed, for the purpose of this chapter, employees receiving a wage of $250 per month, and, in the event of injury while performing their designated duty, shall be entitled to the benefits of this chapter upon the state board of fish and game commissioners and the county game management boards complying therewith.

 

________

 

 

CHAPTER 85, AB 116

Assembly Bill No. 116–Mr. Parks (by request)

CHAPTER 85

AN ACT to amend chapter 502 of NRS, relating to fishing, hunting and trapping licenses, tags and permits, by creating a new provision changing the dates of issuance of fishing, hunting and trapping licenses by the state board of fish and game commissioners; to amend NRS sections 502.030 and 502.110 relating to the form of fishing, hunting and trapping licenses and the issuance of additional licenses after loss or destruction of previously issued licenses; and by providing other matters properly relating thereto.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  Chapter 502 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Licenses granting the privilege to hunt, fish or trap during the open season as provided in this Title shall be issued by the commission, upon payment of the fees required by NRS 502.240, for the calendar year beginning January 1, 1959, and ending December 31, 1959, but all hunting licenses issued during such year shall be valid during January 1960, without the payment of additional fees.

      2.  Licenses granting the privilege to hunt, fish or trap during the open season as provided in this Title shall be issued by the commission, upon payment of one-half of the fees required by NRS 502.240, for the 6-month period beginning January 1, 1960, and ending June 30, 1960.


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ê1959 Statutes of Nevada, Page 89 (Chapter 85, AB 116)ê

 

      3.  After June 30, 1960, licenses granting the privilege to hunt, fish or trap during the open season as provided in this Title shall be issued by the commission, upon payment of the fees required by NRS 502.240, for the term of 1 year from July 1 to June 30.

      Sec. 2.  NRS 502.030 is hereby amended to read as follows:

      502.030  1.  Licenses granting the privilege to hunt, fish or trap during the open season as provided in this Title shall be of such form as is deemed necessary by the commission, but must include the following information:

      (a) The holder’s name, address and description.

      (b) The date issued.

      (c) The expiration date thereof. [, which shall be December 31 of the year in which issued.]

      (d) The correct designation as to whether a fishing, hunting or trapping license.

      (e) A statement to be signed by the holder: “I, the holder of this license, hereby state that I am entitled to this license under the laws of the State of Nevada and that no false statement has been made by me to obtain this license and that I further agree to abide by the laws made and provided for the protection of fish and game within the State of Nevada.”

      2.  [No] Except as otherwise provided by law, no license shall be issued for a period longer than 1 year.

      Sec. 3.  NRS 502.110 is hereby amended to read as follows:

      502.110  Not more than one license of each class shall be issued to any one person during each [calendar year,] license period, except upon an affidavit by the applicant that the license 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.

 

________

 

 

CHAPTER 86, AB 129

Assembly Bill No. 129–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe) and Pozzi (by request of the Legislative Commission)

CHAPTER 86

AN ACT to repeal chapter 429 of NRS, relating to aid to expectant mothers.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  Chapter 429 of NRS is hereby repealed.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 90ê

 

CHAPTER 87, AB 160

Assembly Bill No. 160–Miss Herr

CHAPTER 87

AN ACT to amend NRS section 361.085, relating to the exemption of totally blind persons from payment of property tax, by defining the term “totally blind persons” and providing for proof of blindness.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 361.085 is hereby amended to read as follows:

      361.085  1.  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 $3,000, shall be exempt from taxation, but 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. The person or persons 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. Upon first claiming such exemption in a county the claimant shall furnish to the assessor a certificate of a physician licensed under the laws of this state setting forth that he has examined the claimant and has found him to be a totally blind person.

      2.  As used in subsection 1, “totally blind persons” includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.

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

 

________

 

 

CHAPTER 88, AB 189

Assembly Bill No. 189–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe) and Pozzi (by request of the Statute Revision Commission)

CHAPTER 88

AN ACT to amend NRS section 366.380, relating to monthly reports and remittances made by special fuel users, by providing that such reports and remittances be made to the department of motor vehicles.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 366.380 is hereby amended to read as follows:

      366.380  1.  On or before the 25th day of each month, each special fuel dealer or special fuel user shall file with the [tax commission] department a monthly tax return on a form prescribed by the [tax commission,] department, together with supporting schedules.

      2.  The return shall show such information as the [tax commission] department may reasonably require for the proper administration and enforcement of this chapter.


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ê1959 Statutes of Nevada, Page 91 (Chapter 88, AB 189)ê

 

      3.  The monthly tax return shall be accompanied by a remittance, payable to the [tax commission,] department, for the amount of excise tax due thereunder.

      4.  The [tax commission] department shall transmit all remittances to the state treasurer for deposit in the state highway fund pursuant to the provisions of NRS 366.700.

 

________

 

 

CHAPTER 89, AB 201

Assembly Bill No. 201–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe) and Pozzi (by request of the Legislative Commission)

CHAPTER 89

AN ACT to amend NRS sections 315.790, 324.030, 341.020 to 341.040, inclusive, 390.060, 414.050, 439.030 to 439.050, inclusive, 522.030 and 539.637, relating to the membership, terms of members and vacancies on certain boards, commissions and councils, by removing the governor and attorney general from membership thereon, and providing for new members to replace them; and by providing other matters properly relating thereto.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 315.790 is hereby amended to read as follows:

      315.790  1.  There is hereby created a state housing commission to be composed of the [governor, attorney general and] state controller as an ex officio [members] member, and [two] four members [who shall be veterans] appointed by the governor [.] , two of whom shall be veterans. The term of office for appointive members shall be for 4 years.

      2.  The duties of the state housing commission shall be to coordinate the activities and undertakings under the Housing Authorities Law of 1947. The commission shall supervise, in accordance with regulations adopted by it, the activities of authorities in effectuating the purposes of the Housing Authorities Law of 1947.

      3.  The state housing commission is also empowered, for the purpose of the Housing Authorities Law of 1947, and in order to assist within the State of Nevada in the solution of the housing shortage to the best interests of the State of Nevada as well as of the Federal Government, to act in behalf of the Federal Government upon the request thereof and designation thereby, to the end that the welfare of the state may be best served and that waste and inefficiency resulting from administration by remote federal offices, not responsible to the areas they serve, may be eliminated.

      Sec. 2.  NRS 324.030 is hereby amended to read as follows:

      324.030  1.  The selection, management and disposal of such land shall be vested in the state commission of industry, agriculture and irrigation, which is hereby created, consisting of the [governor, the] state engineer, [and] the director of the state department of conservation and natural resources [.] and the dean of the college of agriculture of the University of Nevada.


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ê1959 Statutes of Nevada, Page 92 (Chapter 89, AB 201)ê

 

      2.  The commission may sue and be sued in any action at law brought under the provisions of this chapter in the name of “The State Commission of Industry, Agriculture and Irrigation.”

      Sec. 3.  NRS 341.020 is hereby amended to read as follows:

      341.020  [1.] The state planning board, consisting of nine members [,] to be appointed by the governor, is hereby created.

      [2.  Eight members shall be appointed by the governor, and the governor shall be the ninth and ex officio member.]

      Sec. 4.  NRS 341.030 is hereby amended to read as follows:

      341.030  1.  [Three of the members of the board first appointed shall be appointed for terms of 1 year, three shall be appointed for terms of 3 years, and two shall be appointed for terms of 4 years. Their successors] The members of the board shall be appointed for terms of 4 years.

      2.  The term of office of each [appointed] member shall begin January 1 of the year of his appointment.

      [3.  The governor shall serve only during his incumbency.]

      Sec. 5.  NRS 341.040 is hereby amended to read as follows:

      341.040  If a vacancy occurs other than by expiration of the term of [an appointed] a member, it shall be filled by appointment by the governor for the unexpired portion of the term.

      Sec. 6.  NRS 390.060 is hereby amended to read as follows:

      390.060  1.  [The governor shall be ex officio president of the state textbook commission.] The state textbook commission shall elect one of its members as president of the commission, to serve at the pleasure of the commission.

      2.  The superintendent of public instruction shall be ex officio secretary of the state textbook commission.

      Sec. 7.  NRS 414.050 is hereby amended to read as follows:

      414.050  There is hereby created a civil defense advisory council, hereinafter called the “council,” the members of which shall be appointed by and hold office at the pleasure of the governor. The council shall consist of not less than 15 nor more than 25 members. The council shall advise the governor and the director on all matters pertaining to civil defense. [The governor shall serve as chairman of the council, and the members thereof] The council shall elect one of its members as chairman of the council. The members shall serve without compensation, but may be reimbursed for their reasonable and necessary expenses incurred in the performance of their duties.

      Sec. 8.  NRS 439.030 is hereby amended to read as follows:

      439.030  1.  The state board of health is hereby created.

      2.  The state board of health shall consist of [the governor and four other] five members to be appointed by the governor, two of whom shall be doctors of medicine who have been licensed to practice in this state and who have been engaged in the practice of medicine in this state for not less than 5 years immediately prior to their appointment, and one of whom shall be a doctor of dental surgery who has been licensed to practice in this state and who has been engaged in the practice of dentistry in this state for not less than 5 years immediately prior to his appointment.


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ê1959 Statutes of Nevada, Page 93 (Chapter 89, AB 201)ê

 

      Sec. 9.  NRS 439.040 is hereby amended to read as follows:

      439.040  [On March 25, 1939, one member shall be appointed for a term of 1 year, one member shall be appointed for a term of 2 years, one member shall be appointed for a term of 3 years, and one member shall be appointed for a term of 4 years. Thereafter the] The terms of office of the [appointive] members of the state board of health shall be 4 years.

      Sec. 10.  NRS 439.050 is hereby amended to read as follows:

      439.050  In case of the death, removal from office, or resignation of [an appointive] a member of the state board of health, the governor shall fill the vacancy by the appointment of a qualified person for the unexpired term.

      Sec. 11.  NRS 522.030 is hereby amended to read as follows:

      522.030  1.  There is hereby created the Nevada oil and gas conservation commission to be composed of the [governor,] director of the state department of conservation and natural resources, the state engineer and the director of the Nevada bureau of mines. No salary or compensation shall be paid any member of the commission for his services as a member thereof, but the actual and necessary expenses of the members of the commission incurred or expended in the performance of the duties imposed on the commission, shall be paid out of the oil conservation fund hereinafter created. The term of office of each member of the commission shall be concurrent with the office held by him. The commission shall organize by electing a chairman from its membership, and shall appoint a secretary. Two members of the commission shall constitute a quorum for all purposes. Two affirmative votes shall be necessary for the adoption or promulgation of any rule, regulation or order of the commission. The commission shall adopt a seal and such seal affixed to any paper signed by the secretary of the commission shall be prima facie evidence of the due execution thereof. Any member or employee of the commission shall have power to administer oaths to witnesses in any hearing, investigation or proceeding contemplated by this chapter, or by any other law of this state relating to oil and gas.

      2.  The commission may at any time, when it finds that the public interest will be served thereby, hire such other employees as are found to be necessary to assist the commission in the discharge of its respective duties. All employees or assistants authorized by this chapter shall be paid their necessary traveling and living expenses when traveling on official business at such rates and within such limits as may be fixed by the commission subject to existing law.

      3.  The attorney general shall be the attorney for the commission. The commission may, however, in cases of emergency or in special cases, from any funds available to it, retain additional counsel to assist the attorney general.

      4.  Until such time as oil or gas is produced and marketed in commercial quantities in this state, the director of the Nevada bureau of mines shall serve without pay as the director of the Nevada oil and gas conservation commission.

      Sec. 12.  NRS 539.637 is hereby amended to read as follows:


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ê1959 Statutes of Nevada, Page 94 (Chapter 89, AB 201)ê

 

      539.637  1.  The irrigation district bond commission, consisting of the [governor,] director of the state department of conservation and natural resources, the state engineer and the superintendent of banks, is hereby created.

      2.  [The governor shall be the chairman and the governor’s executive assistant shall be the secretary of the commission.] The commission shall elect a chairman and a secretary from its members, to serve at the pleasure of the commission.

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

 

________

 

 

CHAPTER 90, AB 205

Assembly Bill No. 205–Mr. Evans

CHAPTER 90

AN ACT to authorize and direct the state land register to convey, by quitclaim deed, certain real property situated in Washoe County, to the Marlette Lake Company, without consideration.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  The state land register is hereby authorized and directed to convey, by quitclaim deed and without consideration, to the Marlette Lake Company, a Nevada corporation, all of the right, title and interest of the State of Nevada in and to that certain parcel of land, situated in the County of Washoe, State of Nevada, and more particularly described as follows:

      Beginning at the S.W. Cor. No. 1, whence the W. 1/4 cor. of Sec. 36 T. 16 N. R. 19 E. M.D.M. bears S. 79° 55′ 30ʺ W. 924 ft. distant, and running thence S. 86° 36′ E. 120.03 ft. to the S.E. Cor. No. 2, thence N. 4° 30′ W. 59.71 ft. to the N.E. Cor. No. 3, thence N. 74° 40′ W. 164 ft. to the N.W. Cor. No. 4, thence S. 23° 15′ E along the east line of the right of way of the V. & T. R.R. 107.25 ft. to the place of beginning, containing 0.23 acres.

      Excepting therefrom the right of way for U. S. Highway 395, also designated as State Route 3.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 95ê

 

CHAPTER 91, AB 230

Assembly Bill No. 230–Mr. Fitz (by request)

CHAPTER 91

AN ACT to amend chapter 504 of NRS, relating to fish hatcheries, game refuges and preserves, camps and cooperative game management areas, by exempting commercial mink farmers from the provisions of NRS 504.220 to 504.290, inclusive, relating to private breeding grounds and the regulation and establishment thereof.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  Chapter 504 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      None of the provisions of NRS 504.220 to 504.290, inclusive, shall apply to any person in this state who is engaged in domesticated mink breeding activities or commercial mink farming.

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

 

________

 

 

CHAPTER 92, AB 132

Assembly Bill No. 132–Mr. Pozzi

CHAPTER 92

AN ACT to amend NRS section 483.380, relating to expiration and renewal of licenses to operate motor vehicles, by clarifying the term of a license renewed after expiration.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 483.380 is hereby amended to read as follows:

      483.380  1.  Every operator’s license shall expire on the second anniversary of the date of birth of the applicant occurring after June 30 next following the date of its issuance. Any applicant whose date of birth was on February 29 in a leap year shall, for the purposes of this chapter, be considered to have the anniversary of his birth fall on February 28. Every such license shall be renewable on or during a 30-day period before its expiration upon application and payment of the required fee, and shall be renewed without examination unless the administrator has reason to believe that the licensee is no longer qualified to receive a license. The department may require that all persons whose licenses have expired must take the regular examinations as set forth in NRS 483.330. Any license renewed after expiration shall be valid only for the balance of the 24 months to which the licensee would have been entitled had he renewed the license prior to expiration.

      2.  Every chauffeur’s license shall expire July 1 of each year and shall be renewable on or during a 30-day period before its expiration date upon application and payment of the required fee. The department may in its discretion waive examination upon renewal of a chauffeur’s license.


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ê1959 Statutes of Nevada, Page 96 (Chapter 92, AB 132)ê

 

      3.  Operators’ or chauffeurs’ licenses or renewal licenses for the operation of motor vehicles within the State of Nevada, held by any person who is in the military services of the United States during time of war or national emergency, shall be extended by the department to the termination of such service.

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

 

________

 

 

CHAPTER 93, SB 9

Senate Bill No. 9–Senator Monroe

CHAPTER 93

AN ACT to amend NRS section 111.200, relating to limitations on terms of leases, by deleting limitations concerning lands containing mineral or nonmetallic deposits.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 111.200 is hereby amended to read as follows:

      111.200  1.  No agricultural or grazing lands within the state shall hereafter be conveyed by lease or otherwise, except in fee and perpetual succession, for a longer period than 10 years.

      2.  [No lands chiefly valuable because of mineral or nonmetallic deposits therein shall be so conveyed for a longer period than 35 years.

      3.]  No other lands or real property shall be so conveyed for a longer period than 99 years.

      [4.]3.  All leases hereafter made contrary to the provisions of this chapter shall be void as to any periods of time in excess of those enumerated in subsections [1, 2 and 3.] 1 and 2.

      [5.]4.  This section shall not be applicable to leases for the exploration for and production of oil, gas and other hydrocarbon substances.

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

 

________

 

 

CHAPTER 94, SB 169

Senate Bill No. 169–Senator Lauritzen

CHAPTER 94

AN ACT to amend an act entitled “An Act fixing the compensation of the county officers of Lander County, Nevada, regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith,” approved March 13, 1953, as amended.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  Section 2 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 185, Statutes of Nevada 1957, at page 266, is hereby amended to read as follows:


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

ê1959 Statutes of Nevada, Page 97 (Chapter 94, SB 169)ê

 

      Section 2.  The sheriff of Lander County shall receive an annual salary of [$4,800,] $5,280, which salary shall be compensation in full for all services rendered as sheriff and ex officio license collector. The sheriff shall pay into the county treasury each month all moneys collected by him as license fees, and as fees in both civil and criminal cases, with a statement certified under oath, and no salary shall be allowed or paid to the sheriff for any month unless the statement has been so made and filed with the county clerk; provided, that when it becomes necessary in criminal cases for the sheriff to travel a distance greater than 10 miles from the county seat, he shall be allowed his necessary traveling expenses; and provided further, that when it becomes necessary in civil cases for the sheriff to travel a distance greater than 10 miles from the county seat he shall be allowed his necessary expenses therefor, which shall be made a charge against the party or parties to whom the costs of action are taxed. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and paid. The sheriff is authorized and empowered to employ, and may hereafter appoint, three deputies. The three deputies so appointed shall each receive an annual salary of [$4,500.] $4,950. The sheriff may also appoint such additional number of deputy sheriffs as may be authorized by the board of county commissioners for such time and at such salary as the board may authorize.

      Sec. 2.  Section 3 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 185, Statutes of Nevada 1957, at page 267, is hereby amended to read as follows:

      Section 3.  The county assessor of Lander County shall receive an annual salary of [$4,800,] $5,280, which salary shall be compensation in full for all services rendered.

      Sec. 3.  Section 4 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 185, Statutes of Nevada 1957, at page 267, is hereby amended to read as follows:

      Section 4.  The county recorder, as such, and as ex officio auditor, shall receive an annual salary of [$4,800,] $5,280, and the fees allowed under the provisions of NRS 247.290 and 247.300. He shall perform all county work required in the office and extend the annual assessment roll without further compensation or charge against the county.

      Sec. 4.  Section 5 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 185, Statutes of Nevada 1957, at page 267, is hereby amended to read as follows:

      Section 5.  The county treasurer shall receive an annual salary of [$4,800,] $5,280, which salary shall be compensation in full for all services rendered.

      Sec. 5.  Section 6 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 185, Statutes of Nevada 1957, at page 267, is hereby amended to read as follows:

      Section 6.  The county clerk shall receive an annual salary of [$4,800,] $5,280, which salary shall be compensation in full for all services rendered.


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ê1959 Statutes of Nevada, Page 98 (Chapter 94, SB 169)ê

 

      Sec.6.  Section 7 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 185, Statutes of Nevada 1957, at page 267, is hereby amended to read as follows:

      Section 7.  The district attorney, as such, shall receive an annual salary of [$4,800,] $5,280, which salary shall be compensation in full for all services rendered.

      Sec.7.  Section 8 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 185, Statutes of Nevada 1957, at page 267, is hereby amended to read as follows:

      Section 8.  Each county commissioner shall receive an annual salary of [$1,800] $1,980 in full compensation for all services and expenses; provided, that any commissioner residing more than 10 miles from the county seat of Lander County shall receive in addition to his salary the sum of 10 cents per mile for each mile necessarily traveled in attending necessary meetings of the board of county commissioners.

      Sec. 8.  This act shall become effective upon the first day of the first month following its passage and approval.

 

________

 

 

CHAPTER 95, AB 83

Assembly Bill No. 83–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 95

AN ACT to amend NRS sections 309.160, 309.180, 309.230, 309.250 and 309.300, relating to local improvement districts, their power to incur debts and liabilities, required approval of improvements by the irrigation district bond commission, sale of bonds, the creation and transfer of funds and annual levies of assessments, by correcting the improper designation of the irrigation district bond commission in such sections; and other matters properly relating thereto.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 309.160 is hereby amended to read as follows:

      309.160  1.  Except as provided in subsection 2, the board of directors or other officers of the district shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this chapter, and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void.

      2.  For the purpose of organization, the board of directors may at any time, with the approval of the [state board of irrigation district bond commissioners,] irrigation district bond commission, incur an indebtedness not exceeding in the aggregate the sum of $5,000, nor in any event to exceed $1 per acre, and may cause warrants of the district to issue therefor, bearing interest at 6 percent per annum, and the directors shall have the right and power to levy an assessment of not to exceed $1 per acre on all lands in the district for the payment of such expenses.


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ê1959 Statutes of Nevada, Page 99 (Chapter 95, AB 83)ê

 

such expenses. Thereafter, the directors shall have the right and power to levy an assessment, annually, in the absence of assessments therefor under any of the other provisions of this chapter, of not to exceed 20 cents per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. Such assessments shall be collected as provided in this chapter for the collection of other assessments.

      Sec. 2.  NRS 309.180 is hereby amended to read as follows:

      309.180  1.  No special election [shall] may be called for any of the purposes provided in this chapter until [after the proposed local improvement, together with the estimated cost thereof, accompanied by a report of a competent engineer, together with the proposed method of financing the same, shall have been submitted by the board of directors of the district to the state board of irrigation district bond commissioners and by such board approved.] the board of directors of the district has submitted to the irrigation district bond commission and the commission has approved the following:

      (a) The proposed local improvement;

      (b) The estimated cost of the improvement;

      (c) A report of a competent engineer; and

      (d) The proposed method of financing the improvement.

      2.  The bonds authorized by vote shall be designated as a series, and the series shall be numbered consecutively as authorized. The portion of the bonds of the series authorized to be sold at any time shall be designated as an issue and each issue shall be numbered in its order. The bonds of such issue shall be numbered consecutively commencing with those earliest falling due. They shall be negotiable in form and payable in money of the United States and in such amounts and maturing at such time or times, not exceeding 20 years, as the board of directors may prescribe. Interest coupons shall be attached thereto, and all bonds and coupons shall be dated on January 1 or July 1 next following the date of their authorization, and they shall bear interest at the rate of not to exceed 6 percent per annum, payable semiannually on January 1 and July 1 of each year. The principal and interest shall be payable at the place designated therein. The bonds shall be each of a denomination of not less than $100 nor more than $1,000, and shall be signed by the president and secretary, and the seal of the district shall be affixed thereto. Coupons attached to each bond shall be signed by the secretary. The bonds shall express on their face that they were issued by the authority of this chapter, naming it, and shall also state the number of the issue of which the bonds are a part. The secretary and the treasurer shall each keep a record of the bonds sold, their number, the date of sale, the price received, and the name of the purchaser.

      3.  In case the money raised by the sale of all the bonds be insufficient for the completion of the plans and works adopted, and additional bonds be not voted, the board of directors shall provide for the completion of the plan by levy or assessment therefor; but when the money obtained by any previous issue of bonds has become exhausted by expenditures herein authorized, and it becomes necessary to raise additional moneys to carry out the adopted plan, additional bonds may be issued if authorized at an election for that purpose, which election shall be called and otherwise conducted in accordance with the provisions of this chapter in respect to an original issue of bonds.


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ê1959 Statutes of Nevada, Page 100 (Chapter 95, AB 83)ê

 

issued if authorized at an election for that purpose, which election shall be called and otherwise conducted in accordance with the provisions of this chapter in respect to an original issue of bonds.

      4.  The lien for taxes for the payment of interest and principal of any bond series shall be a prior lien to that of any subsequent bond series. The time for the issuance and maturity of the bonds and the manner of their payment may be otherwise determined and directed if submitted to vote by the electors of the district at the election authorizing the bonds.

      Sec. 3.  NRS 309.230 is hereby amended to read as follows:

      309.230  1.  The board may sell bonds from time to time in such quantities as may be necessary and most advantageous to raise money for the construction of works and the acquisition of property and rights and to otherwise carry out the objects and purposes of this chapter.

      2.  Before making any sale the board shall by resolution declare its intention to sell a specific number and amount of bonds, and if the bonds can be sold at par with accrued interest they may be disposed of without advertising; otherwise notice shall be published for 3 weeks in a newspaper in the county in which the office of the district is situated, and in such other newspaper in or outside of the state as the board may deem expedient, that sealed proposals will be received at its office on or before a day and hour set in the notice for the purchase of the bonds.

      3.  At the time appointed the board shall publicly open the proposals and sell the bonds to the highest responsible bidder, or it may reject all bids; but in case no bids are received, or in case no award is made, the board thereafter may either readvertise the bonds or any part thereof for sale or sell the same or any part thereof at private sale. In no event shall the board sell any of the bonds for less than 90 percent of the par value thereof and accrued interest.

      4.  The board may use any bonds of the district which have been offered for sale at public sale and remain unsold in payment for construction of canals, storage reservoirs, or other works of the district, without the necessity of calling for bids for such construction, and may enter into contracts providing for the payment of such construction in bonds, which contracts may provide for the payment of a fixed contract price, or the cost of such construction plus a fixed percentage thereof, or the cost of such construction plus a fixed sum, in the discretion of the board; provided:

      (a) That 90 percent of their par value and interest accrued thereon is the minimum price at which the bonds may be used in payment for such construction; and

      (b) That such use of bonds and any such contract must be approved by the [state board of irrigation district bond commissioners.] irrigation district bond commission.

      5.  If for any reason the bonds of a district cannot be sold, or, if at any time it shall be deemed for the best interests of the district to withdraw from sale all or any portion of an authorized bond issue, the board of directors may, in its discretion, cancel the same and levy assessment in the amount of the bonds canceled.


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ê1959 Statutes of Nevada, Page 101 (Chapter 95, AB 83)ê

 

assessment in the amount of the bonds canceled. The revenue derived from the assessments must be employed for the same purpose as was contemplated by the bond authorization, but no levy shall be made to pay for work or material, payment for which was contemplated by bonds which have been authorized, until bonds to the amount of the assessments have been canceled. Assessments made in lieu of bonds canceled shall be collected in the same manner and shall have the same force and effect as other assessments levied under the provisions of this chapter; but such assessment shall not during any 1 year exceed 10 percent of the total bond issue authorized by such district, unless a greater assessment shall be authorized by a majority vote of the qualified electors of the district voting at a general election or a special election called for that purpose.

      Sec. 4.  NRS 309.250 is hereby amended to read as follows:

      309.250  1.  The following funds, to which the moneys properly belonging shall be apportioned, are hereby created and established.

      (a) Construction fund.  Moneys accruing from the sale of bonds and from any assessments levied for the direct payment of cost of construction, purchase of property, or other undertakings for which bonds may be issued, shall be deposited and kept in the construction fund. Whenever all construction work is completed, any money remaining in the construction fund may be transferred to the general fund.

      (b) Bond fund.  Moneys accruing from assessments levied for the payment of interest and principal on bonds shall be deposited and kept in the bond fund. Surplus moneys in the bond fund, subject to the approval of the [state board of irrigation district bond commissioners,] irrigation district bond commission, may be placed at interest or invested in approved interest-bearing securities.

      (c) General fund.  The general fund may be divided into general and operation and maintenance, as the board may direct. All other moneys, including those realized from assessments, or, as the case may be, from tolls and charges levied or imposed for defraying the organization and current expense of the district, and expenses and cost of the care, operation, maintenance, management, repair and necessary current improvement or replacement of existing works and property, including salaries and wages of officers and employees and other proper incidental expenditures, shall be deposited and kept in the general fund or operation and maintenance fund as the board of directors may designate.

      2.  The board of directors may make temporary transfers from the general fund to the construction fund and from the construction fund to the general fund, but no such transfer may be made from the bond fund.

      3.  The treasurer of the district is hereby authorized and required to receive and receipt for and to collect the moneys accruing to the several funds named in this section and to place the same to the credit of the district in the appropriate fund. The treasurer shall be responsible upon his official bond for the safekeeping and disbursement of the moneys in such fund. Interest coupons shall be paid by him as provided in this chapter. The board may establish rules and regulations and prescribe the conditions under which the treasurer may make disbursements from the general fund, but no other payments from any of the funds named in this section shall be made by the treasurer except upon vouchers signed by the president and secretary, authorized by order of the board.


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ê1959 Statutes of Nevada, Page 102 (Chapter 95, AB 83)ê

 

and prescribe the conditions under which the treasurer may make disbursements from the general fund, but no other payments from any of the funds named in this section shall be made by the treasurer except upon vouchers signed by the president and secretary, authorized by order of the board. The county treasurer or treasurers who are required by this chapter to collect assessments levied by the district are hereby authorized to turn over to the treasurer of the district all moneys so collected and to take his receipt therefor. The district treasurer shall report to the board in writing on the 1st Monday in each month the amount of money in the several funds aforesaid and the amounts received and paid out in the preceding month, and the treasurer shall make such other report and accounting as the board may require. Such reports shall be verified and filed with the secretary of the board.

      Sec. 5.  NRS 309.300 is hereby amended to read as follows:

      309.300  1.  At its regular meeting in July the board of directors shall fix the rate and levy an assessment upon the lands in the district, in accordance with the provisions of this chapter, which levy and assessment shall be sufficient to raise the annual interest on the outstanding bonds or any contractual obligation. The board must increase the assessment in such amount as may be necessary from year to year to raise a sum sufficient to pay the principal of any outstanding contractual obligation, as such principal may be required to be paid under the terms of the contract. The board may levy a tax upon the lands in the district either upon the same pro rata basis as benefits may have been apportioned, or otherwise, as the case may be, in order to secure such funds as may be deemed necessary to replace any deficit that may occur in a fund created for the repayment of a district obligation by reason of tax delinquencies. The secretary of the board shall compute and enter in a separate column of the assessment book or books the respective sums to be paid as an assessment on the property therein enumerated. Except as otherwise provided herein, assessments made for any of the other purposes of this chapter shall be made and levied as above provided and entered in appropriate columns of the assessment book or books.

      2.  In case of failure or refusal of the board of directors to levy an assessment as in this section provided, then, in the event such assessment has not otherwise been levied, the board of county commissioners of the county in which the office of the district is located shall levy such assessment at its next regular meeting, or at a special meeting called for such purpose. The [state board of irrigation district bond commissioners,] irrigation district bond commission, at any time upon obtaining knowledge of such failure or refusal, shall have power, and the state board of irrigation district bond commissioners shall levy such assessment forthwith. The district attorney of the county in which the office of any improvement district is located, at the time such assessment should be made, shall ascertain the fact in respect to the same, and, if such assessment has not been made by the board of directors as required, shall immediately notify the board of county commissioners, the state board of irrigation district bond commissioners, and the attorney general in respect to such failure. The district attorney and the attorney general shall aid in obtaining the earliest possible assessment following such failure or refusal of the district board to act.


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ê1959 Statutes of Nevada, Page 103 (Chapter 95, AB 83)ê

 

following such failure or refusal of the district board to act. Where the last preceding assessment made will raise a sufficient revenue for the purposes of this section, in the event no other assessment is made, such assessment shall be deemed to have been levied for succeeding years, so long as it will produce the revenue required, and the taxes shall be collected in the same manner, and all officers shall perform the same duties in respect thereto, as though such assessment had been made for the particular year by the board of directors of the district. Where the assessment which should have been levied can be determined by a mere mathematical computation based on the relation between the amount to be raised for interest or interest and the redemption of bonds for any particular year and the apportionment of benefits in the district, such assessment shall be deemed to have been made, and the taxes based thereon shall be collected the same as though such assessment had been regularly levied by the board of directors of the district.

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

 

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CHAPTER 96, AB 243

Assembly Bill No. 243–Messrs. Schouweiler and Dyer

CHAPTER 96

AN ACT to amend chapter 268 of NRS, relating to powers and duties common to cities and towns incorporated under general or special laws; to amend chapter 439 of NRS, relating to the administration of public health, and to amend NRS sections 439.370 to 439.410, inclusive, relating to the creation, composition, powers and duties of district boards of health and district health departments, and to the qualification, appointment and compensation of members of district boards of health, by authorizing the governing bodies of cities and towns to unite with other cities and towns or with the county within which they are located to establish local health districts and health departments; and by providing other matters properly relating thereto.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Notwithstanding the provisions of any city charter, or any other law, the governing bodies of any incorporated cities or towns may establish with the board of county commissioners of the county in which such cities or towns are located, or with the governing bodies of any other cities or towns within such county, a health district as provided in chapter 439 of NRS.

      Sec. 2.  Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth in sections 3 and 4 of this act.

      Sec. 3.  When two or more adjacent counties establish a district board of health, all county boards of health in such district shall thereupon be abolished.

      Sec. 4.  When two or more cities or towns establish a district board of health, all city and town boards of health in such district shall thereupon be abolished.


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ê1959 Statutes of Nevada, Page 104 (Chapter 96, AB 243)ê

 

      Sec. 5.  NRS 439.370 is hereby amended to read as follows:

      439.370  By affirmative vote of : [the]

      1.  The boards of county commissioners of two or more adjacent counties, or

      2.  The governing bodies of two or more cities or towns within any county, or

      3.  The board of county commissioners and the governing body or bodies of any incorporated city or cities, town or towns, in such county, and with the approval of the state board of health, there may be created a health district with a health department consisting of a district health officer and a district board of health.

      Sec. 6.  NRS 439.380 is hereby amended to read as follows:

      439.380  [When a district board of health has been established, all county boards of health and health officers in the district shall thereupon cease to exist.] When any county and one or more incorporated city or town within such county establish a district board of health, the county board of health and the board of health of such city or cities, town or towns, shall thereupon be abolished, and the district board of health shall have the same powers, duties and authority that such county board of health had prior to the establishment of such district board of health.

      Sec. 7.  NRS 439.390 is hereby amended to read as follows:

      439.390  1.  A district board of health shall consist of two members from each county, city or town which participated in establishing the district, to be appointed by the [board of county commissioners] governing body of the county, city or town wherein they reside, together with one additional member to be chosen by the members so appointed.

      2.  Not less than one of the members of the district board of health appointed by the board of county commissioners of each county shall be a physician licensed to practice medicine in this state.

      3.  If the appointive members of the district board of health fail to choose the additional member within 30 days after the organization of the district health department, such member may be appointed by the state board of health.

      Sec. 8.  NRS 439.400 is hereby amended to read as follows:

      439.400  1.  The district health officer shall be appointed by the district board of health.

      2.  He shall have full authority as a county health officer in [each of the counties comprising] the health district and shall receive such compensation as may be agreed upon and fixed by the [boards of county commissioners] governing bodies of the counties, cities or towns comprising such district.

      Sec. 9.  NRS 439.410 is hereby amended to read as follows:

      439.410  1.  The district board of health shall have the powers, duties and authority of a county board of health in [each of the counties comprising] the health district.

      2.  The district health department shall have jurisdiction over all public health matters in the [counties comprising the] health district.

      Sec. 10.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1959 Statutes of Nevada, Page 105ê

 

CHAPTER 97, AB 258

Assembly Bill No. 258–Messrs. Knisley, Young, Hunter, Ramsey, Pasquale, Swackhamer, Murphy and Buckingham

CHAPTER 97

AN ACT appropriating the sum of $35,000 for the purpose of conducting, in cooperation with state and federal agencies, a program of research and investigation of the inflow and outflow of water in that segment of the Humboldt River between the gaging stations of Rose Creek and Comus, together with the Little Humboldt River and other tributaries; providing for planning the utilization of the land and water resources of the area as economically justified and determined to be in the interest of the general health and welfare of the area; providing for the publication of reports; and providing other matters properly relating thereto.

 

[Approved March 5, 1959]

 

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

do enact as follows:

 

      Section1.  The state department of conservation and natural resources, with the cooperation and advice of state and federal agencies and institutions and interested individuals, shall develop a program of research, investigations, and analyses of the land and water resources of the segment of Humboldt River between the Rose Creek gaging station and the Comus gaging station, together with the Little Humboldt River and other tributaries, and collect data on other areas of Humboldt River which will be useful in later studies of these areas.

      The immediate purposes of the project are to find new methods and procedures for measuring the inflow and outflow of water in an arid area, to determine consumptive use of crops and native vegetation, to determine the extent and amount of ground water movement in broad valleys and on alluvial fans, and to study the effect of modifications in stream conditions, irrigation systems, and application methods upon the general health and welfare of the area.

      The project will include, also, studies and plans for the improvement of irrigation practices, development of underground water for irrigation, determination of adopted forage plant species and fertilizer requirements, better utilization of short season water supplies, improvement of the river channel and diversion structures along the Humboldt River, improvement in range practices, methods, measures and plans to prevent or correct stream pollution, abate mosquitoes and other obnoxious insects, and control destructive rodents together with economic studies on the feasibility of proposed programs for improvement and management of the land and water resources of the project area.

      Sec. 2.  The state department of conservation and natural resources will coordinate the activities of the several cooperating agencies and such finances as may be available and will endeavor to secure the interest in and contributions to the program of individuals and other organizations.

      Sec. 3.  The state department of conservation and natural resources shall assist in the preparation and printing of reports of data collected and of methods, procedures, and techniques developed from the investigations and studies, and shall encourage and assist in the development of similar projects for the Humboldt River system and for other areas in the state.


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

ê1959 Statutes of Nevada, Page 106 (Chapter 97, AB 258)ê

 

      Sec. 4.  For the support of the state department of conservation and natural resources in carrying out the purposes of this act, there is hereby appropriated from the general fund of the state treasury the sum of $35,000.

 

________

 

 

CHAPTER 98, SB 21

Senate Bill No. 21–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 98

AN ACT to amend NRS section 311.280 relating to the applicability of chapter 350 of NRS, which relates to county, city and district bonds, to chapter 311 of NRS, which relates to water and sanitation districts, by providing that the provisions of chapter 316 of NRS are implementary to NRS sections 350.080 to 350.200, inclusive.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 311.280 is hereby amended to read as follows:

      311.280  The provisions of this chapter are hereby declared to be implementary to the provisions of [chapter 350 of] NRS 350.080 to 350.200, inclusive, concerning bonds issued by counties, cities, towns and other municipal corporations, and those provisions are applicable to any bond issue under this chapter, but in the event of conflict the provisions of this chapter [shall be] are controlling.

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

 

________

 

 

CHAPTER 99, SB 22

Senate Bill No. 22–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 99

AN ACT to amend NRS section 316.290, relating to the applicability of chapter 350 of NRS, which relates to county, city and district bonds, to chapter 316 of NRS, which relates to swimming pool districts, by providing that the provisions of chapter 316 of NRS are implementary to NRS sections 350.080 to 350.200, inclusive.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 316.290 is hereby amended to read as follows:

      316.290  The provisions of this chapter are hereby declared to be implementary to the provisions of [chapter 350 of] NRS 350.080 to 350.200, inclusive, concerning bonds issued by counties, cities, towns and other municipal corporations, and those provisions are applicable to any bond issue under this chapter, but in the event of conflict the provisions of this chapter [shall be] are controlling.

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

 

________

 

 


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

ê1959 Statutes of Nevada, Page 107ê

 

CHAPTER 100, SB 23

Senate Bill No. 23–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 100

AN ACT to amend NRS section 385.390 relating to the duties of deputy superintendents of public instruction at teachers’ examinations by deleting reference to a nonexistent board of examiners.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 385.390 is hereby amended to read as follows:

      385.390  Each deputy superintendent of public instruction shall act as a deputy examiner at teachers’ examinations, [as a member of the board of educational examiners,] and shall assist the state board of education in preparing courses of study.

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

 

________

 

 

CHAPTER 101, SB 24

Senate Bill No. 24–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 101

AN ACT to amend chapter 235 of NRS, relating to the official state seal, flag, song and tree, by creating a new provision adopting sagebrush as the official state emblem; to amend NRS sections 235.030 and 235.040, relating to the state song and the state tree, by simplifying language therein.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  Chapter 235 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The shrub known as sagebrush (Artemisia tridentata or trifida) is hereby designated as the official state emblem of the State of Nevada.

      Sec. 2.  NRS 235.030 is hereby amended to read as follows:

      235.030  [That certain] The song entitled “Home Means Nevada,” written by Mrs. Bertha Raffetto, of Reno, Nevada, is hereby adopted and declared to be the official state song of the State of Nevada.

      Sec. 3.  NRS 235.040 is hereby amended to read as follows:

      235.040  [That certain] The tree known as the single-leaf pinon (Pinus monophylla) is hereby designated as the official state tree of the State of Nevada.

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

 

________

 

 


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

ê1959 Statutes of Nevada, Page 108ê

 

CHAPTER 102, SB 25

Senate Bill No. 25–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 102

AN ACT to amend NRS sections 244.145, 244.295 and 244.325, relating to county election precincts, inventories of county property and county commissioner’s interest in official contracts, by correctly designating election officials, deleting provisions requiring certain officers to make and file inventories, and providing penalties; and providing other matters properly relating thereto.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 244.145 is hereby amended to read as follows:

      244.145  The board of county commissioners shall have power and jurisdiction in their respective counties to establish, change and abolish election precincts, and to appoint [inspectors and judges] officers of elections.

      Sec. 2.  NRS 244.295 is hereby amended to read as follows:

      244.295  1.  In each odd-numbered year, not later than January 1, the chairman of the board of county commissioners in each county is directed to require every county officer [, district officer, including school trustees and boards of educations, municipal officer,] or any other person having any county [or district or municipal] property in his possession, charge or control, to make and file a full and complete inventory thereof, with such details as he may deem proper.

      2.  Every county officer [, district officer, including school trustees and boards of education, municipal officer,] or any other person having any county [, district or municipal] property in his possession, charge or control, on or before January 1 of each odd-numbered year, as required by the chairman of the board of county commissioners under the provisions of subsection 1, shall make and return a full and complete inventory of all such property, and each of the biennial inventories shall contain a list of all additions, changes, losses or deteriorations of property subsequent to the preceding inventory.

      Sec. 3.  NRS 244.325 is hereby amended to read as follows:

      244.325  1.  Except as otherwise authorized by law, it shall be unlawful for any county commissioner to become a contractor under any contract or order for supplies or any other kind of contract authorized by the board of county commissioners of which he is a member for the county or any department thereof, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.

      2.  Except as otherwise authorized by law, it shall be unlawful for any county commissioner to be interested in any contract made by the board of county commissioners of which he is a member, or to be a purchaser or to be interested in any purchase or sale made by the board of which he is a member.

      3.  Any contract made in violation of the provisions of subsection 1 or 2 may be declared void at the instance of the county or of any other person interested in the contract except the county commissioner prohibited in subsection 1 or 2 from making or being interested in the contract.


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

ê1959 Statutes of Nevada, Page 109 (Chapter 102, SB 25)ê

 

      4.  Any person violating the provisions of subsection 1 or 2, directly or indirectly, is guilty of a gross misdemeanor, and shall forfeit his office. [, and shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment.]

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

 

________

 

 

CHAPTER 103, SB 26

Senate Bill No. 26–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 103

AN ACT to amend NRS section 266.025, relating to the decree of district courts incorporating cities or towns, by deleting reference to judges of elections and substituting proper designation.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 266.025 is hereby amended to read as follows:

      266.025  1.  When an application shall be made as provided in NRS 266.020, the court, being satisfied of its legal sufficiency, shall thereupon:

      (a) Enter a decree declaring the city or town duly incorporated under the provisions of this chapter.

      (b) Designate its classification.

      (c) Forthwith appoint five commissioners.

      2.  The commissioners shall at once call an election of all the qualified electors residing within the territory embraced within the limits, as described and platted, to be held at some convenient place within the limits, and shall give notice, for 30 days, of the time and place of holding the first election of officers for the city or town, by publication in a newspaper, or, if none be published within the limits of such city or town, by posting in 5 public places within the limits of the same.

      3.  At the election the qualified electors of such city or town residing within the limits of such city or town shall choose officers therefor, to hold office until the first annual election of officers according to its grade, as hereafter prescribed in this chapter. The commissioners shall act as [judges and clerks] officers of the election, and otherwise it shall be conducted, and the officers elected thereat shall be qualified, in the manner prescribed by law for the election and qualification of precinct officers.

      4.  Upon ascertaining the result of the election the commissioners shall forthwith make a report of the result to the district court, and the clerk of the court shall thereupon forthwith certify to each officer of the city or town, appearing by the report to have been elected, the fact of his election.

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

 

________

 

 


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

ê1959 Statutes of Nevada, Page 110ê

 

CHAPTER 104, SB 28

Senate Bill No. 28–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 104

AN ACT to amend NRS sections 612.630 and 612.645, relating to procedure for recovery from an employer who defaults in payment of unemployment compensation contributions, by correcting the name of a service within the employment security department.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 612.630 is hereby amended to read as follows:

      612.630  1.  In addition to or independently of the remedy by civil action provided in NRS 612.625, the executive director, or his authorized representative, after giving to any employer who defaults in any payment of contributions, interest or forfeit provided by this chapter 15 days’ notice by registered mail, addressed to his last-known place of business or address, may file in the office of the clerk of the district court in the county in which the employer has his principal place of business, or if there is no such principal place of business, then in Ormsby County, a certificate, which need not be verified, but which shall specify the amount of contribution, interest and forfeit due, the name and last-known place of business of the employer liable for the same, and which shall contain a statement that the unemployment compensation [division] service has complied with all the provisions of this chapter in relation to the computation and levy of the contribution, together with the request that judgment be entered for the State of Nevada, and against the employer named, in the amount of the contribution, interest and forfeit set forth in the certificate.

      2.  Within the 15-day period, the employer may pay the amount specified in such notice, under protest, to the executive director, and shall thereupon have the right to initiate, within 60 days following such payment, and to maintain his action against the unemployment compensation [division] service for a refund of all or any part of any such amount and to recover so much thereof as may have been erroneously assessed or paid. Such an action by the employer shall be commenced and maintained in the district court in the county wherein is located the principal place of business of the employer. In the event of entry of judgment for the employer, the unemployment compensation [division] service shall promptly refund such sum without interest as may be determined by the court.

      3.  If no such payment under protest is made as provided in subsection 2, upon filing the certificate as provided in subsection 1, the clerk of the district court shall immediately enter a judgment in favor of the unemployment compensation [division] service and against the employer in the amount of the contributions, interest and forfeit set forth in the certificate.

      Sec. 2.  NRS 612.645 is hereby amended to read as follows:

      612.645  1.  In all proceedings under NRS 612.625 to 612.640, inclusive, the unemployment compensation [division] service shall be authorized to act in its name on behalf of the State of Nevada.


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

ê1959 Statutes of Nevada, Page 111 (Chapter 104, SB 28)ê

 

      2.  No costs or filing fees shall be charged to the State of Nevada in any proceedings brought under any provision of NRS 612.625 to 612.640, inclusive, nor shall any bond or undertaking be required of the State of Nevada, either in proceedings in the district court or on appeal to the supreme court.

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

 

________

 

 

CHAPTER 105, SB 29

Senate Bill No. 29–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 105

AN ACT to amend NRS sections 245.080, 245.090 and 245.100, relating to unlawful interests in contracts and purchases of warrants, scrip and other evidences of indebtedness by county officers and the penalties therefor, by changing and clarifying the penalty provisions.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 245.080 is hereby amended to read as follows:

      245.080  1.  It shall be unlawful for any county officer to be interested in any contract made by him, or be a purchaser or be interested in any purchase of a sale made by him in the discharge of his official duties.

      2.  All contracts made in violation of subsection 1 may be declared void at the instance of the county interested, or of any other party interested in such contract, except the officer prohibited from making or being interested in such contract.

      3.  Any person violating the provisions of this section, directly or indirectly, shall forfeit his office, and shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment [.] in the state prison for not less than 1 year nor more than 10 years, or by both fine and imprisonment.

      Sec. 2.  NRS 245.090 is hereby amended to read as follows:

      245.090  1.  The several county officers of this state are expressly prohibited from purchasing or selling, or in any manner receiving to their own use or benefit, or to the use and benefit of any person or persons whatever, any county warrants, scrip, orders, demands, claim or claims, or other evidences of indebtedness against the county.

      2.  [If any] Any county officer [shall violate any provision] who violates any of the provisions of this section [he] shall be guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $500 nor more than $1,000, and shall be imprisoned in the [state prison] county jail for a term not less than [2] 6 months nor more than [2 years.] 1 year. A conviction shall operate as a forfeiture of office, and the party convicted shall forever be disqualified from holding any office of honor, profit or trust in this state.

      Sec. 3.  NRS 245.100 is hereby amended to read as follows:

      245.100  1.  All county officers are prohibited from purchasing or being interested, or receiving, or selling, or transferring, or causing to be purchased, received, sold or transferred, either in person or by agent, or attorney, or by or through the agency or means of any person or persons whatever, any interest, claim, demand or other evidences of indebtedness against the county, either directly or indirectly.


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

ê1959 Statutes of Nevada, Page 112 (Chapter 105, SB 29)ê

 

be purchased, received, sold or transferred, either in person or by agent, or attorney, or by or through the agency or means of any person or persons whatever, any interest, claim, demand or other evidences of indebtedness against the county, either directly or indirectly. No clerk or employee of any such officer or officers, nor the commissioners employed or to be employed to fund any county indebtedness shall be allowed to make any such purchase, sale or transfer, or to receive any agency from other parties to purchase, sell, transfer or bargain in any manner, for any county warrants, scrip, demands or other evidences of indebtedness, against the county.

      2.  Any person [guilty and convicted of a violation of] who violates any of the provisions of this section shall be guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $500 nor more than $1,000, and shall be imprisoned in the [state prison] county jail for a term not less than [2] 6 months nor more than [2 years.] 1 year. A conviction shall operate as a forfeiture of office, and the party convicted shall forever be disqualified from holding any office of honor, profit or trust in this state.

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

 

________

 

 

CHAPTER 106, SB 30

Senate Bill No. 30–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 106

AN ACT to amend NRS sections 268.330, 268.340, 268.360 and 268.370, relating to unlawful interests in contracts and purchases of evidences of indebtedness by city officers and the penalties therefor, by changing and clarifying the penalty provisions.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 268.330 is hereby amended to read as follows:

      268.330  1.  It shall be unlawful for any alderman or member of the common council of any city in this state, or for the trustees of any city, to become a contractor under any contract or order for supplies or any other kind of contract authorized by or for the aldermen or common council, or board of trustees of which he is a member, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.

      2.  Any person violating the provisions of this section, directly or indirectly, shall forfeit his office, and shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment [.] in the state prison for not less than 1 year nor more than 10 years, or by both fine and imprisonment.

      Sec. 2.  NRS 268.340 is hereby amended to read as follows:

      268.340  1.  It shall be unlawful for any city officer to be interested in any contract made by such officer, or be a purchaser or be interested in any purchase of a sale made by such officer in the discharge of his official duties.


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

ê1959 Statutes of Nevada, Page 113 (Chapter 106, SB 30)ê

 

      2.  Any person violating the provisions of this section, directly or indirectly, shall forfeit his office, and shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment [.] in the state prison for not less than 1 year nor more than 10 years, or by both fine and imprisonment.

      Sec. 3.  NRS 268.360 is hereby amended to read as follows:

      268.360  1.  The several city officers of this state are expressly prohibited from purchasing or selling, or in any manner receiving to their own use or benefit, or to the use and benefit of any person or persons whatever, any city warrants, scrip, orders, demands, claim or claims, or other evidences of indebtedness against the city.

      2.  Any officer [, convicted of each such offense,] who violates any of the provisions of this section shall be guilty of a gross misdemeanor, and upon conviction thereof shall be punished for each offense by a fine of not less than $500 nor more than $1,000, and by imprisonment in the [state prison] county jail for a term of not less than [2] 6 months nor more than [2 years.] 1 year. A conviction shall operate as a forfeiture of office, and the party convicted shall forever be disqualified from holding any office of honor, profit or trust in this state.

      Sec. 4.  NRS 268.370 is hereby amended to read as follows:

      268.370  1.  All city officers are prohibited from purchasing or being interested in, or receiving, or selling, or transferring, or causing to be purchased, received, sold or transferred, either in person, or by agent, or attorney, or by or through the agency or means of any person or persons whatever, any interest, claim, demand or other evidences of indebtedness against the city, either directly or indirectly. No clerk or employee of any such officer or officers, nor the commissioners employed, or to be employed, to fund any city indebtedness shall be allowed to make any such purchase, sale, or transfer, or to receive any agency from other parties to purchase, sell, transfer or bargain, in any manner, for any city warrants, scrip, demands or other evidences of indebtedness against the city.

      2.  Any person [guilty and convicted of a violation of] who violates any of the provisions of this section shall be guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $500 nor more than $1,000, and by imprisonment in the [state prison] county jail for a term of not less than [2] 6 months nor more than [2 years.] 1 year. A conviction shall operate as a forfeiture of office, and the party convicted shall forever be disqualified from holding any office of honor, profit or trust in this state.

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

 

________

 

 


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

ê1959 Statutes of Nevada, Page 114ê

 

CHAPTER 107, SB 32

Senate Bill No. 32–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 107

AN ACT to amend chapter 361 of NRS, relating to property tax, by adding a new provision specifying the dates when taxes on the secured roll are due and by providing penalties for property tax delinquencies; to amend NRS sections 361.480 and 361.505, relating to notice to taxpayers, payment of taxes in quarterly installments, collection of personal property taxes and the tax rate, by prescribing the contents of the notice to be published or posted by the tax receiver; by deleting a provision relating to the refund of tax when the levy for the current year is less than that for the preceding year; and providing other matters properly relating thereto.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Taxes assessed upon the real property tax toll are due and payable on the 1st Monday of July.

      2.  Taxes may be paid in four equal installments. If a person elects to pay in quarterly installments, the first installment is due and payable on the 1st Monday of July, the second installment on the 1st Monday of October, the third installment on the 1st Monday of January, and the fourth installment on the 1st Monday of March.

      3.  If any person charged with taxes which are a lien on real property fails to pay:

      (a) Any one quarter of such taxes on or before the day such taxes become due and payable, there shall be added thereto a penalty of 2 percent.

      (b) Any two quarters of such taxes, together with accumulated penalties, on or before the day the later of such quarters of taxes becomes due, there shall be added thereto a penalty of 3 percent of the two quarters due.

      (c) Any three quarters of such taxes, together with accumulated penalties, on or before the day the latest of such quarters of taxes becomes due, there shall be added thereto a penalty of 4 percent of the three quarters due.

      (d) The full amount of such taxes, together with accumulated penalties, on or before the 1st Monday of March, there shall be added thereto a penalty of 5 percent of the full amount of such taxes.

      Sec. 2.  NRS 361.480 is hereby amended to read as follows:

      361.480  1.  Upon receiving the assessment roll from the county auditor, the ex officio tax receiver shall proceed to receive taxes.

      2.  He shall give notice forthwith by publication in some newspaper published in his county, and if none is so published then by posting notices in three public and conspicuous places in the county, [that:

      (a) Taxes will be due and payable on the 1st Monday of July.

      (b) From and after the 1st Monday of July, and thereafter, taxes may be paid in four equal quarterly installments as follows: On or before the 1st Monday of July, the 1st Monday of October, the 1st Monday of January and the 1st Monday of March.


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

ê1959 Statutes of Nevada, Page 115 (Chapter 107, SB 32)ê

 

before the 1st Monday of July, the 1st Monday of October, the 1st Monday of January and the 1st Monday of March.

      (c) If any person charged with taxes which are a lien on real estate shall fail to pay one quarter of such taxes on or before the 1st Monday of July, then there shall be added thereto a penalty of 2 percent on the first installment; that should the first and second quarter of taxes, together with accumulated penalties, be not paid on or before the 1st Monday in October, then there shall be added thereto a penalty of 3 percent on the first and second quarters of such taxes; that if the first, second and third quarters of such taxes, together with accumulated penalties, are not paid on the 1st Monday of January, then there shall be added to the three quarters of such taxes then due a penalty of 4 percent on the three quarters due; that if the full amount of such taxes, together with accumulated penalties, are not paid on or before the 1st Monday of March, then there shall be added thereto a penalty of 5 percent on the total amount of taxes due.] specifying:

      (a) The dates when taxes are due; and

      (b) The penalties for delinquency.

      Sec. 3.  NRS 361.505 is hereby amended to read as follows:

      361.505  1.  Each county assessor, when he assesses the property of any person or persons, company or corporation liable to taxation who does not own real estate within the county of sufficient value, in the county assessor’s judgment, to pay the taxes on both his or their real and personal property, shall proceed immediately to collect the taxes on the personal property so assessed. The person paying such taxes shall not be thereby deprived of his right to have such assessment equalized, and if, upon such equalization, the value is reduced, the taxes paid shall be refunded to such person from the county treasury, upon the order of the board of county commissioners, in proportion to the reduction of the value made.

      2.  If, at the time of such assessment of personal property, the board of county commissioners has not as yet levied the tax based upon the full combined tax rate for the taxable year to which such assessment is applicable, the total amount of the tax to be collected by the county assessor shall be determined by use of the then current state ad valorem tax rate and the regular combined tax rate for the county, city and school district as levied and applied for the preceding taxable year. The county treasurer shall apportion the tax as other taxes are apportioned. [If the levy for the then current year shall be less than for the preceding year, no refund shall be made to any party in interest.]

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 116ê

 

CHAPTER 108, SB 33

Senate Bill No. 33–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 108

AN ACT to amend NRS section 268.070, relating to city printing, by excepting city bonds and other evidences of indebtedness from the requirement of printing by a newspaper or commercial printing establishment within the state.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 268.070 is hereby amended to read as follows:

      268.070  1.  All public printing required by the various cities of this state shall be placed with some bona fide newspaper or bona fide commercial printing establishment within the county in which the city is located. If there is no bona fide newspaper or bona fide commercial printing establishment within the county adequately equipped to do such printing, then the printing so required shall be placed through the local bona fide newspaper or bona fide commercial printing establishment.

      2.  Nothing in this section shall be construed as requiring such cities to pay to the local bona fide newspaper or bona fide commercial printing establishment any commission on such printing, but the commission must be paid by the printing establishment doing the same.

      3.  [Printing] Except as otherwise authorized in subsection 5, printing required by cities of this state shall be done within the state.

      4.  The provisions of this section are contingent upon satisfactory services being rendered by all such printing establishments and reasonable charges therefor. Reasonable charges shall mean a charge not in excess of the amount necessary to be paid for similar work in other printing establishments.

      5.  Nothing in this section shall be construed as prohibiting the printing of city bonds and other evidences of indebtedness outside the state.

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

 

________

 

 

CHAPTER 109, SB 34

Senate Bill No. 34–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 109

AN ACT to amend NRS sections 370.170 and 370.350, relating to cigarette use tax and revenue stamps, by clarifying provisions relating to the imposition of tax on packages containing over 50 cigarettes.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 370.170 is hereby amended to read as follows:

      370.170  Except as otherwise provided in this chapter, no person shall give, sell or offer to give or sell any cigarettes in the State of Nevada unless there is affixed to each of the packages, packets or containers an adhesive Nevada cigarette revenue stamp or a similar stamp affixed by a metered stamping machine approved by and registered with the tax commission in the following denominations:  On packages containing 20 cigarettes or less, 3 cents per package; on packages containing over 20 cigarettes and not exceeding 30 cigarettes, 5 cents per package; on packages containing over 30 cigarettes and not exceeding 40 cigarettes, 6 cents per package; on packages containing over 40 cigarettes and not exceeding 50 cigarettes, 7 cents per package; and on packages containing over 50 cigarettes, 3 cents additional for each 20 cigarettes or fraction thereof contained in any such package.


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ê1959 Statutes of Nevada, Page 117 (Chapter 109, SB 34)ê

 

Nevada unless there is affixed to each of the packages, packets or containers an adhesive Nevada cigarette revenue stamp or a similar stamp affixed by a metered stamping machine approved by and registered with the tax commission in the following denominations:  On packages containing 20 cigarettes or less, 3 cents per package; on packages containing over 20 cigarettes and not exceeding 30 cigarettes, 5 cents per package; on packages containing over 30 cigarettes and not exceeding 40 cigarettes, 6 cents per package; on packages containing over 40 cigarettes and not exceeding 50 cigarettes, 7 cents per package; and on packages containing over 50 cigarettes, 3 cents additional for each 20 cigarettes or fraction thereof contained in any such package.

      Sec. 2.  NRS 370.350 is hereby amended to read as follows:

      370.350  1.  Except as provided in subsection 3, a tax is hereby levied and imposed upon the use of cigarettes in this state.

      2.  The amount of such use tax shall be as follows:  On packages containing 20 cigarettes or less, 3 cents per package; on packages containing over 20 cigarettes and not exceeding 30 cigarettes, 5 cents per package; on packages containing over 30 cigarettes and not exceeding 40 cigarettes, 6 cents per package; on packages containing over 40 cigarettes and not exceeding 50 cigarettes, 7 cents per package; and on packages containing over 50 cigarettes, 3 cents additional for each 20 cigarettes or fraction thereof contained in any such package.

      3.  The use tax shall not apply where:

      (a) Nevada cigarette revenue stamps have been affixed to cigarette packages as required by law.

      (b) Tax exemption is provided for in this chapter.

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

 

________

 

 

CHAPTER 110, SB 35

Senate Bill No. 35–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 110

AN ACT to amend NRS section 424.080, relating to the transfer of parental rights and duties, by providing that a parent may not voluntarily assign or transfer his rights and duties with respect to a female child under 18 years of age, or a male child under 21 years of age, except in adoption proceedings or when parental rights and duties have been terminated by court order.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 424.080 is hereby amended to read as follows:

      424.080  Except in proceedings for adoption, no parent may voluntarily assign or otherwise transfer to another his rights and duties with respect to the permanent care, custody and control of a female child under [16] 18 years of age, or a male child under 21 years of age, unless parental rights and duties have been terminated by order of [the district] a court [.] of competent jurisdiction.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 118ê

 

CHAPTER 111, SB 38

Senate Bill No. 38–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 111

AN ACT to amend NRS section 516.050, relating to the procedure for acquiring title to mineral land by prospectors, by substituting citations therein.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 516.050 is hereby amended to read as follows:

      516.050  1.  The special proceedings shall be substantially as provided in this section.

      2.  There shall be filed in the clerk’s office of the district court in the county where the real property is situated a petition verified according to law. The petition shall state:

      (a) The names of the person or persons presenting the petition.

      (b) That he or they have discovered a ledge or deposit containing gold, silver or some other valuable mineral or metal.

      (c) The description by metes and bounds, or by some other accurate designation, of the tract or tracts of land located in the manner of mining claims as provided in NRS 516.030 to 516.060, inclusive, and desired to be appropriated for mining purposes.

      (d) That the land is more valuable for mining purposes than the purpose for which the same is being held.

      (e) The names of those in possession of the land, and those claiming any right, title or interest therein, so far as the same can be obtained by reasonable diligence.

      3.  The proceedings following the filing of such petition shall be as prescribed in chapter [57, Statutes of Nevada 1875,] 37 of NRS, insofar as the same are not inconsistent with the provisions of NRS 516.030 to 516.060, inclusive.

      4.  If, upon the hearing of the petition filed as provided in this section, it appears to the satisfaction of the court or judge thereof that the land in question is more valuable for mining than for the purpose for which the same is being used, then the petitioner or petitioners shall acquire title thereto in a manner similar to that prescribed in chapter [57, Statutes of Nevada 1875.] 37 of NRS.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 119ê

 

CHAPTER 112, SB 39

Senate Bill No. 39–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 112

AN ACT to amend NRS section 520.110, relating to the right of a stockholder to inspect mining property, by providing that the person in charge of the mining property shall admit, on certain days, authorized stockholders to examine such property; and by clarifying time limitations; to repeal NRS sections 520.080 to 520.100, inclusive, relating to the consolidation of mining corporations; and providing other matters properly relating thereto.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 520.110 is hereby amended to read as follows:

      520.110  1.  Any person who [shall be] is the bona fide owner of stock shares representing the value of one-fifth of 1 percent of the original capital stock of any company incorporated for the purpose of working upon and mining in any lode, ledge, deposit or bed of the precious metals or useful minerals in this state, and any number of persons who [shall be] are bona fide owners of an aggregate number of mining shares, amounting in value to one-fifth of 1 percent of such capital stock, at the time application for a permit to examine any such mine shall be made, [shall,] may, upon a written order from the county clerk or from the justice of the peace of the township in which such lode, ledge, deposit or bed is located, [be entitled to the privilege of] fully [examining] examine all of the shafts, adits, borings, drifts, stopes, hoisting apparatus [and every and all] , properties and appurtenances belonging to any such mining company.

      2.  Not more than one owner of such percentage or aggregate percentages of such mining stock [shall] , either in person or by an accredited agent, [be] is entitled to such written order for examination of any specified mine or mining property oftener than twice in 1 month; these days shall, however, not be [more] less than 14 [nor less than 15] days apart.

      3.  The superintendent or other person or persons in charge of any incorporated mining claim or mining property in this state shall keep posted in some conspicuous place at or near the mine the day of the week in which authorized stockholders may be admitted under the provisions of NRS 520.110 to 520.150, inclusive [.] , and shall, on such day, admit any authorized stockholder to examine all of the shafts, adits, borings, drifts, stopes, hoisting apparatus, properties and appurtenances belonging to any such mining company.

      Sec. 2.  NRS 520.080 to 520.100, inclusive, are hereby repealed.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 120ê

 

CHAPTER 113, SB 40

Senate Bill No. 40–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 113

AN ACT to amend NRS sections 540.580 and 540.590, relating to the power of boards of directors and officers of drainage districts to incur debts, by clarifying certain provisions relating to limits of the borrowing power of such boards and officers in cases of great necessity or emergency.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 540.580 is hereby amended to read as follows:

      540.580  [1.] The board of supervisors or other officers of the district shall have no power to incur any debt or liability whatsoever, either by issuing bonds or otherwise, in excess of the express provisions of this chapter.

      [2.  The limit of the fund for such purpose shall be an amount equivalent to an average of $1.50 per acre throughout the district.]

      Sec. 2.  NRS 540.590 is hereby amended to read as follows:

      540.590  A debt or liability incurred in excess of the provisions of this chapter shall be in the main absolutely void, except:

      1.  That for the purpose of organization or for the purpose of this chapter the board of supervisors may, before the collection of the first annual taxes, cause warrants of the district to issue, bearing interest not exceeding 7 percent per annum.

      2.  In any case where money has been theretofore loaned to the district and actually expended by the board of supervisors for the benefit of the district.

      3.  That in cases of great necessity or emergency the board of supervisors may apply to the state board of finance as provided in NRS 354.410 to 354.460, inclusive, for permission to make a temporary loan to meet such necessity or emergency, and the state board of finance may give its permission on like terms as required of cities, towns and school districts. The limit of the loan for such purpose shall be an amount equivalent to an average of $1.50 per acre throughout the district.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 121ê

 

CHAPTER 114, SB 41

Senate Bill No. 41–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 114

AN ACT to amend NRS sections 252.120 and 252.190, relating to district attorneys appearing as counsel against the state and to punishment of district attorneys for neglect of duty or misdemeanors in office, by providing that a district attorney who appears as counsel against the state or county shall be disbarred by the supreme court; by deleting the provision that fines shall be paid into the county treasury for county purposes; and by correcting a grammatical error.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 252.120 is hereby amended to read as follows:

      252.120  1.  No district attorney or partner thereof shall appear within his county as attorney in any criminal action, or directly or indirectly aid, counsel or assist in the defense in any criminal action, begun or prosecuted during his term; nor in any civil action begun or prosecuted during his term, in behalf of any person suing or sued by the state or any county thereof.

      2.  This section shall apply with equal effect to any and all partners of district attorneys.

      3.  A violation of this section [shall be deemed] is a misdemeanor, and shall be punished by a fine of not less than $250 and not more than $1,000, and in addition the offender shall be disbarred from practicing law in any of the courts of this state, in the same manner as provided in NRS 7.100 to 7.220, inclusive, until restored by the supreme court of this state.

      Sec. 2.  NRS 252.190 is hereby amended to read as follows:

      252.190  The district attorney may be indicted for a misdemeanor in office, or neglect of duty, and be punished by fine not exceeding $1,000, or by removal from office, or by both fine [or] and removal from office. [, the fine to be paid into the county treasury for county purposes.]

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

 

________

 

 

CHAPTER 115, SB 66

Senate Bill No. 66–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Legislative Commission)

CHAPTER 115

AN ACT to amend NRS section 673.060, relating to the use and transfer of moneys in the building and loan fund, by deleting the requirement that all moneys in the fund in excess of $1,000 at the close of any fiscal year shall be transferred to the general fund of the state, and by correcting a grammatical error.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 673.060 is hereby amended to read as follows:

      673.060  [1.  Subject to the provisions of subsection 2, all] All fees and charges for expenses which [shall be] are collected under the provisions of this chapter from foreign and domestic associations, companies and corporations governed by this chapter shall be apportioned to a fund to be known as the building and loan fund and shall be used by the superintendent of banks for carrying out the provisions of this chapter.


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ê1959 Statutes of Nevada, Page 122 (Chapter 115, SB 66)ê

 

fees and charges for expenses which [shall be] are collected under the provisions of this chapter from foreign and domestic associations, companies and corporations governed by this chapter shall be apportioned to a fund to be known as the building and loan fund and shall be used by the superintendent of banks for carrying out the provisions of this chapter.

      [2.  The expenditures of the superintendent of banks under the provisions of this section shall not exceed the sum of $1,000 in any 1 fiscal year. Whenever, at the close of any fiscal year, the moneys in the building and loan fund shall exceed the sum of $1,000, the excess over $1,000 shall be transferred to the general fund of the state.]

 

________

 

 

CHAPTER 116, SB 101

Senate Bill No. 101–Senator Dial

CHAPTER 116

AN ACT appropriating $20,000 to the Nevada state museum to acquire furnishings, partitions, exhibit cases, equipment, electrical devices and fixtures for the new annex to the Nevada state museum mint building.

 

[Approved March 6, 1959]

 

      Whereas, The Nevada state museum is performing a great service to the people of the State of Nevada in preserving the great historical relics and exhibits of our state and providing educational facilities for the children and adults of the State of Nevada as well as the many visitors from all parts of the world; and

      Whereas, A new annex to the museum mint building is now nearing completion and will provide more space for the many additional historical relics and educational exhibits acquired by the museum in recent years; and

      Whereas, Funds are needed to furnish the new annex with exhibit cases, fixtures and other equipment so as to provide facilities to display and accommodate the newly acquired relics and exhibits and to continue the commendable service now being rendered by the museum; and

      Whereas, The general appropriation for the Nevada state museum is greatly needed for other purposes and would be insufficient to provide for the furnishings and other equipment needed for the new annex; now, therefore,

 

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

do enact as follows:

 

      Section1.  There is hereby appropriated from the general fund in the state treasury the sum of $20,000 to the Nevada state museum to be used to acquire furnishings, partitions, exhibit cases, equipment, electrical devices and fixtures for the annex to the Nevada state museum mint building.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 123ê

 

CHAPTER 117, AB 207

Assembly Bill No. 207–Messrs. Bastian and Bleak

CHAPTER 117

AN ACT to amend an act entitled “An Act incorporating the City of Caliente, in Lincoln County, Nevada, and defining the boundaries thereof; authorizing the establishment of a city government therefor if a majority of the electors thereof approve this act; establishing the procedure for such approval or rejection; and other matters properly relating thereto,” approved March 28, 1957.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  Section 43 of the above-entitled act, being chapter 289, Statutes of Nevada 1957, at page 427, is hereby amended to read as follows:

      Section 43.  Any Cost Over 100 percent of Value of Property Paid by City. The cost and expense of any improvement which may be defrayed by special assessment 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 of the value of such lot or premises which would otherwise be chargeable upon said lot or premises, shall be paid from the general funds of the city. The council shall provide that the fees and compensation properly charged in the work of making any special assessment shall be included as part of such assessment.

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

 

________

 

 

CHAPTER 118, SB 104

Senate Bill No. 104–Senator Brown

CHAPTER 118

AN ACT to amend chapter 234 of NRS, relating to state boundaries, by creating the Colorado River boundary commission of Nevada; providing for the members and officers thereof, their appointment, terms of office, compensation and expenses; defining the powers and duties of the commission and certain officers; providing an appropriation therefor; and by providing other matters properly relating thereto.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  Chapter 234 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 11, inclusive, “commission” means the Colorado River boundary commission of Nevada.

      Sec. 3.  There is hereby created the Colorado River boundary commission of Nevada.


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ê1959 Statutes of Nevada, Page 124 (Chapter 118, SB 104)ê

 

      Sec. 4.  1.  The commission shall consist of:

      (a) The director of the state department of conservation and natural resources;

      (b) The chief engineer of the Colorado River commission of Nevada; and

      (c) One member to be appointed by the governor.

      2.  The member appointed by the governor shall be a resident of Clark County.

      3.  The member appointed by the governor shall serve at the pleasure of the governor.

      4.  The duties of the appointed commissioner 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.

      5.  Any vacancy in office of the appointed commissioner shall be filled by the governor.

      Sec. 5.  1.  A commissioner who is not in the regular employ of the State of Nevada shall receive a per diem allowance of $15 for time actually spent on the work of the commission, and reimbursement for board, lodging and travel expenses incurred while away from his place of abode at the legal statutory rate, except when a commissioner is employed by the commission to render special, technical or professional services, in which event such commissioner shall receive fees and expenses commensurate with the service rendered.

      2.  Commissioners who are in the regular employ of the state shall receive no per diem allowances, 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 state employees.

      Sec. 6.  1.  The commission may incur necessary expenses to effectuate its purpose.

      2.  Claims for payment of all expenses incurred by the commission, including the expenses of the commissioners, shall be made by the office of the director of the state department of conservation and natural resources and paid as other claims against the state are paid.

      Sec. 7.  1.  The chairman of the commission shall be selected by the commission.

      2.  The commission shall appoint a secretary, who may be one of the commissioners.

      Sec. 8.  At the request of the commission, the attorney general, 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 sections 2 to 11, inclusive.

      Sec. 9.  It is the function of the commission to confer and act in conjunction with the representatives of the State of Arizona for the following purposes:

      1.  To make a joint investigation to determine the location of the common boundary of the two states between Davis Dam on the Colorado River and a point where the Nevada-California state line intersects the 35th degree of latitude north;

 


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ê1959 Statutes of Nevada, Page 125 (Chapter 118, SB 104)ê

 

common boundary of the two states between Davis Dam on the Colorado River and a point where the Nevada-California state line intersects the 35th degree of latitude north;

      2.  To hold such hearings and conferences in either of the two states as may be necessary, and to do such other acts and things separately or in cooperation with the State of Arizona or the United States, as may be necessary or convenient to accomplish the purpose of sections 2 to 11, inclusive; and

      3.  To negotiate a compact between the two states defining the common boundary.

      Sec. 10.  The commission is empowered to negotiate a compact with a like commission representing the State of Arizona, defining the location of the midchannel of the Colorado River between Davis Dam and a point where the Nevada-California state line intersects the 35th degree of latitude north, and thus establish the common boundary of the states between such points.

      Sec. 11.  No compact or agreement shall be binding on the State of Nevada until it has been approved by the legislature of this state and by the Congress of the United States.

      Sec. 12.  For the support of the state department of conservation and natural resources and the commission in carrying out the purposes of this act there is hereby appropriated from the general fund in the state treasury the sum of $5,000.

      Sec. 13.  The governor is directed to forward a copy of this act to the governor of the State of Arizona and to request that the governor and legislature of that state take the necessary steps to appoint a similar commission for the State of Arizona to confer and act in conjunction with the Nevada commission for the purposes specified in this act, upon the understanding that each state will pay all expenses and charges of its representatives.

      Sec. 14.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 119, AB 212

Assembly Bill No. 212–Mr. Dieleman

CHAPTER 119

AN ACT to amend NRS sections 267.010, 267.020, 267.030, 267.040, 267.050, 267.060, 267.070, 267.080, 267.090, 267.100, 267.110, 267.120, 267.130 and 267.140, relating to the commission form of city government in the State of Nevada, by authorizing the “council-manager” type of municipal government in incorporated cities, and the incorporation of unincorporated towns and unincorporated areas in the state under the commission form of municipal government; and by providing other matters properly relating thereto.

 

[Approved March 6, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 267.010 is hereby amended to read as follows:

      267.010  As used in this chapter [, “commission] :

      1.  “Commission form of government” means any form of municipal government not contrary to the Constitution and laws of the United States [, under which both] wherein either:

 


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ê1959 Statutes of Nevada, Page 126 (Chapter 119, AB 212)ê

 

government not contrary to the Constitution and laws of the United States [, under which both] wherein either:

      (a) Both legislative and administrative authority is exercised by the same governing body, members of which are elected by the qualified electors of a city [or town.] ; or

      (b) All powers of the city are vested in a governing body, members of which are elected by the qualified electors of the city, which enacts local legislation, adopts budgets, determines policies, and appoints a city manager, who executes the laws and administers the municipal government.

      2.  “Commissioners” means city commissioners or city councilmen.

      Sec. 2.  NRS 267.020 is hereby amended to read as follows:

      267.020  Any incorporated city [or] , unincorporated town or unincorporated area in the State of Nevada may adopt the commission form of government and frame its own charter therefor.

      Sec. 3.  NRS 267.030 is hereby amended to read as follows:

      267.030  [Whenever the qualified voters of any city or town desiring to adopt a commission form of government so declare their desire by filing with the legislative authority of such city or town, if incorporated, and, if not incorporated, by filing with the board of county commissioners of the county in which such city or town is located, a petition having the signatures of one-fourth of the qualified voters voting at the last city or precinct election embraced in the territory to be incorporated, if not incorporated, such legislative authority or board of county commissioners shall, within 20 days after ascertaining that such petition contains the required number of signatures of the qualified electors therein, call an election, by ordinance or resolution, of the voters of such city or town, to be held therein, for the purpose of electing 15 qualified electors, who shall have been residents of the city or town for a period of at least 2 years preceding their election, for the purpose of framing a charter for the city or town, having for its objects the commission form of government therefor.]

      1.  Whenever the qualified voters of any incorporated city desiring to adopt a commission form of government so declare their desire by filing with the legislative authority of such city a petition having the signatures of one-fourth of the qualified voters voting at the last city election, such legislative authority shall, within 20 days after ascertaining that such petition contains the required number of signatures of the qualified electors therein, call an election, by ordinance or resolution, of the voters of such city, to be held therein, for the purpose of electing 15 qualified electors, who shall have been residents of the city for a period of at least 2 years preceding their election, for the purpose of framing a charter for the city, having for its objects the commission form of government therefor.

      2.  Whenever the qualified voters of any unincorporated town or unincorporated area desiring to adopt a commission form of government so declare their desire by filing with the board of county commissioners of the county in which such unincorporated town or unincorporated area is located a petition having the signatures of one-fourth of the qualified voters voting at the last town or precinct election embraced in the area to be incorporated, the board of county commissioners shall, within 20 days after ascertaining that such petition contains the required number of signatures of the qualified electors therein, call an election, by ordinance or resolution, of the voters of such unincorporated town or unincorporated area, to be held therein, for the purpose of electing 15 qualified electors, who shall have been residents of the unincorporated town or unincorporated area for a period of at least 2 years preceding their election, for the purpose of framing a city charter, having for its objects the commission form of government therefor.


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ê1959 Statutes of Nevada, Page 127 (Chapter 119, AB 212)ê

 

embraced in the area to be incorporated, the board of county commissioners shall, within 20 days after ascertaining that such petition contains the required number of signatures of the qualified electors therein, call an election, by ordinance or resolution, of the voters of such unincorporated town or unincorporated area, to be held therein, for the purpose of electing 15 qualified electors, who shall have been residents of the unincorporated town or unincorporated area for a period of at least 2 years preceding their election, for the purpose of framing a city charter, having for its objects the commission form of government therefor.

      Sec. 4.  NRS 267.040 is hereby amended to read as follows:

      267.040  Nominations of the electors shall be made by petition of one-fifth of the qualified voters of the incorporated city [or] , unincorporated town [.] or unincorporated area. The nominations must be made and filed with the legislative authority of the city or [town] board of county commissioners at least 5 days before the day of election, as provided for in NRS 267.030, and the names of all candidates so filed shall be placed upon the official ballots to be voted at such election, which election shall be conducted under the general election laws of the state.

      Sec. 5.  NRS 267.050 is hereby amended to read as follows:

      267.050  Within 5 days from the date of the election the legislative authority of the incorporated city [or town, if incorporated,] or the board of county commissioners [, if unincorporated,] shall:

      1.  Meet and canvass the returns of the election.

      2.  Declare the result thereof.

      3.  Issue election certificates to the 15 qualified electors having the highest vote therefor.

      Sec. 6.  NRS 267.060 is hereby amended to read as follows:

      267.060  1.  The persons elected as provided for in NRS 267.050 shall convene within 10 days and commence to frame a charter for [such] the city; [or town;] and within [30] 90 days thereafter they, or a majority of them, shall submit such charter to the legislative authority of [such] the incorporated city [or town] or to the board of county commissioners.

      2.  [The legislative authority or the board of county commissioners shall, within 5 days thereafter, cause the proposed charter to be published in a newspaper published in the city or town, or in the county, if a newspaper be published therein, and if no newspaper be published in the city or town or county shall cause copies thereof to be posted in 3 of the most public places of the city or town for a period of 30 days.] Within 10 days thereafter, the legislative authority or the board of county commissioners shall:

      (a) Cause the proposed charter to be published once in a newspaper published in the incorporated city, unincorporated town or unincorporated area, but if no newspaper is published in the city, town or unincorporated area then the proposed charter shall be published once in a newspaper published in the county; and

      (b) Cause copies of the proposed charter to be posted in 3 of the most public places of the city, town or unincorporated area for a period of 30 days.


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ê1959 Statutes of Nevada, Page 128 (Chapter 119, AB 212)ê

 

      3.  The [affidavit] affidavits of the publisher [or] and of the person posting the copies of the charter shall be made immediately after [the last] publication [, if published,] and immediately after the posting. [, if posted.]

      Sec. 7.  NRS 267.070 is hereby amended to read as follows:

      267.070  1.  Upon the [affidavit] affidavits of the publisher [or] and of the person posting copies of the charter being filed with the city clerk of the incorporated city or [town, if incorporated, or] with the county clerk, if an unincorporated [,] town or unincorporated area, showing that the proposed charter has been published [or] once and posted for a period of 30 days, the legislative authority of the incorporated city [or town,] or the board of county commissioners in cases of unincorporated towns [,] and unincorporated areas, shall, within 5 days thereafter, provide for the submission thereof to the qualified voters of the incorporated city [or] , unincorporated town [.] or unincorporated area.

      2.  The legislative authority or the board of county commissioners shall give at least 10, and not to exceed 20, days’ notice in 3 conspicuous places in the incorporated city [or town or embraced in the territory to be incorporated,] , unincorporated town or unincorporated area, which notice shall specify the object for which the election is called.

      3.  The election shall be conducted under the general election laws of the state. [and of the city or town.]

      4.  The form of ballot at the election shall be: “For the proposed charter,” “Against the proposed charter.”

      5.  In submitting the proposed charter, or amendments thereto, any alternative article or proposition may be presented for the choice of the voters of the incorporated city [or] , unincorporated town or unincorporated area and may be voted on separately without prejudice to others. In submitting such amendments, article or proposition, the form of the ballot shall be: “For Article No. .......... of the charter,” “Against Article No. .......... of the charter.”

      Sec. 8.  NRS 267.080 is hereby amended to read as follows:

      267.080  The officers conducting the election shall make returns thereof within the time and in the manner provided by the [election laws of the city or town or the] state election laws. The vote thereof shall be canvassed and the result declared as provided by such laws. If upon the canvass it shall be found that a majority of the votes so cast at the election were cast in favor of the ratification of the charter, the charter shall become the organic law of the city [or town] and shall supersede any existing charter, and all amendments thereto and all special laws inconsistent therewith, when authenticated, recorded and attested as provided in this chapter.

      Sec. 9.  NRS 267.090 is hereby amended to read as follows:

      267.090  If upon the canvass it shall be found that a majority of the votes so cast at the election were cast in favor of the ratification of the charter, as provided in NRS 267.080, the mayor of the city or the chairman of the board of county commissioners [of the city or town] shall thereupon attach to the charter a certificate in substance as follows:


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ê1959 Statutes of Nevada, Page 129 (Chapter 119, AB 212)ê

 

      I, ...................., mayor (or chairman of the board of county commissioners, as the case may be) of ...................., do hereby certify that in accordance with the terms and provisions of section 8 of article [VIII] 8 of the constitution, and the laws of the State of Nevada, the .................... of the city ...................., or the unincorporated town of ...................., or the unincorporated area known as ...................., duly caused a .................... election to be held on the .................... day of ...................., 19.........., for the purpose of electing 15 qualified electors to prepare a charter for the city of ....................; that due notice of such election was given in the manner provided by law; that on the .................... day of ...................., 19.........., the election was held, and the votes cast thereat were duly canvassed by the legislative authority of the city [or town,] or the board of county commissioners, and the following-named persons were declared duly elected to prepare and propose a charter for the city [or town] of .....................

      That thereafter, on the .................... day of ...................., 19.........., the board of electors duly returned a proposed charter for the city [or town] of ...................., signed by the following members thereof: .....................

      That thereafter such proposed charter was duly published once in a newspaper [, or] and posted in 3 of the most public places in the city [or] , unincorporated town [,] or unincorporated area, to wit: For [a period of 30 days,] one publication, the publication in a newspaper [commencing] on the .................... day of ...................., 19.........., [or] and was posted on the .................... day of ...................., 19...........

      That thereafter, on the .................... day of ...................., 19.........., at a .................... election duly called by the legislative authority of such city [or town,] or the board of county commissioners, the proposed charter was submitted to the qualified electors [thereof,] of the city, town or unincorporated area, and the returns of the election were duly canvassed by the legislative authority thereof or the board of county commissioners at a meeting held on the .................... day of ...................., 19.........., and the result of the election was found to be as follows: For the proposed charter, .................... votes; against the proposed charter, .................... votes. Majority for the proposed charter, .................... votes.

      Whereupon the charter was duly ratified by a majority of the qualified electors voting at the election.

      And I further certify that the foregoing is a full, true and complete copy of the proposed charter so voted upon and ratified as aforesaid.

      In testimony whereof, I hereunto set my hand and affix the corporate seal of the city [or town at my office] or the seal of the county this .................... day of ...................., 19...........

                                                                      ................................................................................ ,

                                                                             Mayor of the city [or town] of ....................

      (or chairman of the board of county commissioners of .................... county)

Attest: ............................................................... ,

Clerk of the city [or town] of .......................

(or county clerk of .................... county)

      Sec. 10.  NRS 267.100 is hereby amended to read as follows:


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ê1959 Statutes of Nevada, Page 130 (Chapter 119, AB 212)ê

 

      267.100  1.  Immediately after being certified as provided in NRS 267.090, the charter shall be recorded by the city clerk [of the city or town] in a book to be provided and kept for that purpose and known as the charter book of the city [or town] of ...................., and when so recorded shall be attested by the clerk and the mayor of the city [or town] under the corporate seal thereof.

      2.  Thereafter any and all amendments to the charter shall be in a like manner recorded and attested.

      3.  When so recorded and attested, all courts in this state shall take judicial notice of the charter and all amendments thereto.

      Sec. 11.  NRS 267.110 is hereby amended to read as follows:

      267.110  1.  Any city [or town] having adopted a charter under the provisions of this chapter shall have, under the charter:

      (a) All of the powers enumerated in the general laws of the state for the incorporation of cities. [or towns.]

      (b) Such other powers necessary and not in conflict with the constitution and laws of the State of Nevada to carry out the commission form of government.

      2.  The charter, when submitted, shall:

      (a) Fix the number of commissioners, their terms of office, and their duties and compensation.

      (b) Provide for all necessary appointive and elective officers for the form of government therein provided, and fix their salaries and emoluments, their duties and powers.

      (c) Fix the time for the first and subsequent elections for all elective officers, and, after such first election and the qualification of the officers thereat elected, the old officers, and all [houses,] boards or officers shall be abolished, together with the emoluments thereof, and shall cease to exist.

      3.  If this form of government shall be adopted by any unincorporated [city or] town [,] or unincorporated area, the board of county commissioners shall fix the boundaries of the new city [or town] in accordance with the petition therefor, and shall, by resolution, declare such city [or town] duly incorporated under the provisions of this chapter.

      Sec. 12.  NRS 267.120 is hereby amended to read as follows:

      267.120  Any city [or] , town or unincorporated area adopting a charter under the provisions of this chapter shall have all of the powers which are now or may hereafter be conferred upon incorporated cities [and towns] by the laws of the state, and all such powers as are usually exercised by municipal corporations of like character and degree, whether the same shall be specifically enumerated in this chapter or not.

      Sec. 13.  NRS 267.130 is hereby amended to read as follows:

      267.130  Amendments to the charter adopted by any city [or] , town or unincorporated area under the provisions of this chapter may be proposed and submitted to the qualified voters by a majority of the commissioners, and shall be so submitted upon petition signed by 10 percent of the qualified voters voting at the last regular city [or town] election, setting forth the proposed amendments, which submission shall be made at the next regular city [or town] election.


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ê1959 Statutes of Nevada, Page 131 (Chapter 119, AB 212)ê

 

election, setting forth the proposed amendments, which submission shall be made at the next regular city [or town] election. All such amendments submitted shall be placed upon the official ballot in the same manner as was the original charter.

      Sec. 14.  NRS 267.140 is hereby amended to read as follows:

      267.140  1.  Whenever one-fourth of the legal voters of any city [or town] heretofore or hereafter adopting a commission form of government, whether by general or special law, shall petition the district court in and for the county wherein such city [or town] is situated for the discontinuance and termination in the city [or town] of the commission form of government, the district court shall cause to be published [for at least 30 days] once a notice stating that the question of discontinuing and terminating the commission form of government in the city [or town] will be submitted to the legal voters of the city [or town] at an election called for that purpose not more than 90 days from the date of the [first] publication of the notice.

      2.  The form of the ballot shall be “For commission form of government,” or “Against commission form of government.”

      3.  Not more than one of such elections shall be held in 2 years.

      4.  The governing body of such city [or town] shall provide for the election in the manner and form as other municipal elections in such city [or town] are conducted and shall make returns thereof within the time and in the manner provided by the election laws of such city [or town] or the state election laws. The vote thereof shall be canvassed and the result declared as provided by such laws. If upon the canvass it shall be found that a majority of the votes cast at the election were cast against the commission form of government, the laws providing for the government of [the] cities [and towns] in the state shall supersede the provisions of this chapter as to such city, [or town,] as the citizens thereof shall elect.

      Sec. 15.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 120, AB 307

Assembly Bill No. 307–Mr. Evans

CHAPTER 120

AN ACT providing an additional and supplemental appropriation for the support of the Nevada school of industry for the biennium ending June 30, 1959.

 

[Approved March 6, 1959]

 

      Whereas, By the provisions of section 48 of chapter 391, Statutes of Nevada 1957, there was appropriated the sum of $314,890 for the support of the Nevada school of industry for the biennium commencing July 1, 1957, and ending June 30, 1959; and

      Whereas, Because of the necessity of employing additional employees at the Nevada school of industry and an unforeseeable increase in the number of girls committed to the care of the Nevada school of industry there will be a deficiency for the biennium ending June 30, 1959; now, therefore,

 


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ê1959 Statutes of Nevada, Page 132 (Chapter 120, AB 307)ê

 

industry there will be a deficiency for the biennium ending June 30, 1959; 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, 1959, there is hereby appropriated from the general fund in the state treasury the sum of $55,677.68 for the support of the Nevada school of industry as an additional and supplemental appropriation to that allowed and made by section 48 of chapter 391, Statutes of Nevada 1957. Of the moneys herein appropriated the sum of $33,609.36 may be expended for the payment of salaries of employees of the Nevada school of industry and the sum of $22,068.32 may be expended for girls’ care in out-of-state institutions.

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

 

________

 

 

CHAPTER 121, AB 322

Assembly Bill No. 322–Mr. Knisley

CHAPTER 121

AN ACT ratifying, approving and confirming all action heretofore taken by the board of county hospital trustees, Pershing County, Nevada, by the board of county commissioners of Pershing County, Nevada, and by the officers of Pershing County, Nevada, in submitting at the primary election held in Pershing County on September 2, 1958, the question of issuing the bonds of Pershing County in the principal amount of $400,000, or so much thereof as may be necessary, and in conducting the election and canvassing the returns thereof; determining that the election resulted in the authorization of the bonds; and authorizing the board of county commissioners of Pershing County to issue and deliver the bonds.

 

[Approved March 6, 1959]

 

      Whereas, At the primary election held in Pershing County, Nevada, on September 2, 1958, there was submitted to the qualified electors of the county the question of issuing the bonds of the county in the principal amount of $400,000, or so much thereof as may be necessary, for the purpose of defraying in part the cost of enlarging the Pershing General Hospital, by acquiring, establishing and maintaining a new hospital building and the site thereof at or near the city of Lovelock; and

      Whereas, The electors voted in favor of the issuance of the bonds; now, therefore,

 

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

do enact as follows:

 

      Section1.  All action heretofore taken and all proceedings heretofore adopted by the board of hospital trustees of Pershing County, Nevada, the board of county commissioners of Pershing County, Nevada, and the officers of Pershing County, Nevada, relating to the authorization, sale and issuance of the bonds of Pershing County in the principal amount of $400,000, or so much thereof as may be necessary, for the purpose of defraying in part the cost of enlarging the Pershing General Hospital, by acquiring, establishing and maintaining a new hospital building and the site thereof at or near the city of Lovelock, are hereby ratified, approved and confirmed.


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

ê1959 Statutes of Nevada, Page 133 (Chapter 121, AB 322)ê

 

Pershing General Hospital, by acquiring, establishing and maintaining a new hospital building and the site thereof at or near the city of Lovelock, are hereby ratified, approved and confirmed.

      Sec. 2.  It is hereby determined that the issuance of the bonds was duly authorized by a vote of the electors qualified to vote thereon at the primary election held in the county on September 2, 1958.

      Sec. 3.  The board of county commissioners of Pershing County is hereby authorized and empowered to contract a bonded indebtedness on behalf of the county by the issuance and delivery of negotiable, coupon, general obligation bonds in the principal amount of $400,000, or so much thereof as may be necessary, for the purpose hereinabove set forth, the bonds to bear interest at a rate of not more than 6 percent per annum, and to mature serially in not to exceed 20 years from the date of their issue, to contain at the option of the board of county commissioners such provisions for their prior redemption at the county’s option at such times, for such amounts and upon such terms and conditions as the board of county commissioners may determine, and to be paid by the levy of a tax of not to exceed 2 mills on the dollar annually upon the taxable property in Pershing County, as provided by NRS 450.320 to 450.370, inclusive.

      Sec. 4.  If any section, subsection, sentence, clause or phrase of this act be for any reason held to be invalid, such holding shall not affect the validity of the remaining portion of this act. The legislature of the State of Nevada hereby declares that it would have passed this act and each section, subsection, sentence, clause or phrase thereof separately and irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be invalid.

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

 

________

 

 

CHAPTER 122, AB 36

Assembly Bill No. 36–Miss Herr

CHAPTER 122

AN ACT to amend NRS section 426.420, relating to the issuance of an order for and the amount and payment of aid to the blind, by providing for an increase in the amount allowed.

 

[Approved March 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 426.420 is hereby amended to read as follows:

      426.420  1.  If the state welfare department is satisfied that the applicant is entitled to aid under the provisions of NRS 426.010 to 426.500, inclusive, it shall, without delay, issue an order therefor.

      2.  The individual needs of each person claiming aid to the blind shall be presumed and deemed to be not less than [$90] $100 per month. The amount of aid to which any claimant shall be entitled shall be, when added to the income (including the value of currently used resources, but excepting casual income and inconsequential resources) of the claimant from all other sources, [$90] $100 per month.


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ê1959 Statutes of Nevada, Page 134 (Chapter 122, AB 36)ê

 

of the claimant from all other sources, [$90] $100 per month. If, however, in any case it is found the actual need of a claimant exceeds [$90] $100 per month, such claimant shall be entitled to receive aid in an amount which shall meet such actual need, unless the amount of aid he is otherwise entitled to receive when added to his income (including the value of currently used resources, but excepting casual income and inconsequential resources) from all other sources, shall equal his actual need.

      3.  The aid granted under NRS 426.010 to 426.500, inclusive, shall be paid monthly, in advance, out of such funds as may be provided for that purpose.

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

 

________

 

 

CHAPTER 123, AB 120

Assembly Bill No. 120–Messrs. Pozzi and Waters

CHAPTER 123

AN ACT to amend NRS section 387.160, relating to the state school construction relief fund, by providing that such fund shall consist of moneys appropriated by direct legislative appropriation in addition to funds derived from bond issues; and to appropriate $29,480 from the general fund to the state school construction relief fund.

 

[Approved March 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 387.160 is hereby amended to read as follows:

      387.160  1.  To provide the state school construction relief fund in the state treasury with funds, the governor, the secretary of state, and the attorney general of the State of Nevada are hereby constituted a commission, and are hereby directed to issue bonds of the State of Nevada as and when needed in a sum not to exceed $500,000.

      2.  Such bonds shall:

      (a) Be in denominations of $1,000 each, payable in legal tender of the United States.

      (b) Be numbered serially from 1 to 500, inclusive, and when retired shall be retired in the order of their issuance.

      (c) Be signed by the governor and endorsed by the secretary of state and the attorney general, countersigned by the state controller and authenticated by the great seal of the State of Nevada.

      (d) Bear interest at such rate as may be fixed by the commission, but such interest rate so fixed shall not be more than 3 percent per annum.

      (e) Specify the interest rate payable and the redemption date of each bond.

      (f) Specify that both principal and interest shall be payable at the office of the state treasurer in Carson City, Nevada.

      (g) Have coupons for interest attached in such a manner that the coupons may be removed without injury to the bonds. Each coupon shall be consecutively numbered and shall be signed by the engraved facsimile signatures of the governor, the secretary of state and the attorney general.


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ê1959 Statutes of Nevada, Page 135 (Chapter 123, AB 120)ê

 

facsimile signatures of the governor, the secretary of state and the attorney general.

      3.  Interest shall be payable semiannually on January 1 and July 1 of each year, the first payment to be made on January 1, 1956.

      4.  Upon the issuance and execution of each bond, without advertising the bonds for sale or calling for bids thereon, the same may be sold and delivered to the state permanent school fund, the university 90,000-acre-grant fund, the university 72-section-grant fund, the state insurance fund of the Nevada industrial commission, and such other state funds as may have money available for legal investment in such bonds, as moneys may be available in the state treasury in such funds, or any of them.

      5.  If money is not available in any or all of such funds, the bonds may be sold as needed for the purpose stated in NRS 387.145 to 387.165, inclusive, at public or private sale, as the commission may deem for the best interests of the state. Such bonds shall be sold at not less than par, and shall be issued and sold only as and when the proceeds thereof are needed. The proceeds of the sale of such bonds shall be placed in the state school construction relief fund.

      6.  At least 13 of such bonds as may be issued shall be redeemed and paid on each of the dates herein specified for the payment of interest, but all such bonds shall be redeemed and paid within 20 years from March 28, 1955.

      7.  Payment of the principal and the interest on the bonds shall be made from the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of chapter 349 of NRS.

      8.  The state school construction relief fund shall also consist of any moneys appropriated to such fund by direct legislative appropriation.

      Sec. 2.  There is hereby appropriated to the state school construction relief fund from the general fund in the state treasury the sum of $29,480.

 

________

 

 

CHAPTER 124, AB 228

Assembly Bill No. 228–Mr. Knisley

CHAPTER 124

AN ACT appropriating $16,016 to the state department of conservation and natural resources to be used for the purpose of adjudicating rights in the waters of streams and stream systems.

 

[Approved March 10, 1959]

 

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

do enact as follows:

 

      Section1.  To provide moneys for the division of water resources of the state department of conservation and natural resources, to be used solely for the purpose of adjudicating rights in the waters of streams and stream systems, there is hereby appropriated, for the fiscal year ending July 1, 1960, from the general fund in the state treasury the sum of $16,016 to the state department of conservation and natural resources.

 

________

 

 


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ê1959 Statutes of Nevada, Page 136ê

 

CHAPTER 125, AB 60

Assembly Bill No. 60–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe) and Pozzi (by request of the Statute Revision Commission)

CHAPTER 125

AN ACT to amend NRS section 100.020, relating to preferred labor claims upon levy of attachment or execution, by changing the amount of the preferred claims of certain employees to conform to legislative intent expressed in prior amendment to law relating to preferred labor claims in case of assignment for creditors.

 

[Approved March 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 100.020 is hereby amended to read as follows:

      100.020  1.  In all cases of execution, attachment and writs of a similar nature against the property of any person or persons, chartered company or corporation, at any time before the actual sale of property levied upon, it shall be lawful for a miner, mechanic, salesman, servant, clerk and laborer to give notice of his claim or claims and the amount thereof, duly certified and sworn to by the creditor or creditors making the claim to the officer executing either of such writs.

      2.  The creditor or creditors making the claim shall at the same time give notice in writing to the creditor or creditors at whose instance the property has been levied upon, or his or their attorney, of their claim or claims, and the amount thereof duly certified and sworn to by such claimant or claimants. A copy of the notice shall also be served upon the debtor if he be found within the county where the property levied upon is situated. If the debtor cannot be found within the county where the property levied upon is situated, then the notice may be served upon the officer executing either of such writs in lieu of the debtor.

      3.  Upon the filing in the court where the action or actions against the debtor is or are pending of an affidavit of the claimant or claimants, showing his or their compliance with the foregoing provisions of this section, the officer executing either of the writs shall pay to such miners, mechanics, salesmen, servants, clerks or laborers, out of the proceeds of the sale, the amount each is justly and legally entitled to receive for services rendered, within 90 days next preceding the levy of the writ of execution, attachment, or other writ, not exceeding [$200.] $600.

      4.  Either the creditor or the debtor may dispute the claim of any person seeking and claiming preference under this section, and in such case the party or parties disputing such claim shall serve a written notice that they dispute such claim upon the claimant or claimants, and upon the officer executing such writs, within 5 days from the time of service upon such creditor or debtor of the notice of the claim by the claimant seeking preference, as hereinbefore provided for.

      5.  Within 10 days from the time of the service provided for in subsection 4, the claimant or claimants shall commence an action in any court of competent jurisdiction against the debtor, and the person or persons disputing his or their claim or claims, for the recovery thereof, and shall prosecute such action with due diligence, or be forever barred from any claim of priority payment thereof.


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

ê1959 Statutes of Nevada, Page 137 (Chapter 125, AB 60)ê

 

and shall prosecute such action with due diligence, or be forever barred from any claim of priority payment thereof. In case action is rendered necessary by the act aforesaid, by either debtor or creditor, and judgment shall be had for the claim or any part thereof, carrying costs, the costs attending the prosecution of the action, and legally taxable therein, shall likewise be a preferred claim with the same rank as the original claim.

      6.  If the amount of assets, after deducting costs of levy and sale, shall not be adequate to the payment of all the preferred claims of this class, they shall be paid pro rata out of the money hereby made applicable thereto.

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

 

________

 

 

CHAPTER 126, AB 122

Assembly Bill No. 122–Misses Frazier, Herr, Messrs. Dieleman, Bunker. Gibson, Christensen (Clark), Harmon and Leavitt

CHAPTER 126

AN ACT to amend chapters 281 and 338 of NRS, relating to general provisions as to public offices and employees and wages, hours and employment on public works, by creating a new provision in each chapter prohibiting discrimination because of race, color, creed, national origin or sex, and providing a penalty for such discrimination in public works; to repeal NRS sections 281.070 and 338.120, relating to the prohibition against the employment of Chinese or Mongolians by the state or on public works.

 

[Approved March 10, 1959]

 

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

do enact as follows:

 

      Section1.  Chapter 281 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  All personnel actions taken by state, county or municipal departments, agencies, boards or appointing officers thereof, shall be based solely on merit and fitness.

      2.  State, county or municipal departments, agencies, boards or appointing officers thereof shall not:

      (a) Refuse to hire a person because of such person’s race, color, creed, national origin or sex, unless based upon a bona fide occupational classification.

      (b) Discharge or bar any person from employment because of such person’s race, creed, color, national origin or sex.

      (c) Discriminate against any person in compensation or in other terms or conditions of employment because of such person’s race, creed, color, national origin or sex.

      Sec. 2.  Chapter 338 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  It is unlawful for any contractor in connection with the performance of work under a contract with the state, or any of its political subdivisions, when payment of the contract price, or any part of such payment, is to be made from public funds, to refuse to employ or to discharge from employment any person because of his race, color, creed, national origin or sex, or to discriminate against a person with respect to hire, tenure, advancement, compensation or other terms, conditions or privileges of employment because of his race, creed, color, national origin or sex.


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

ê1959 Statutes of Nevada, Page 138 (Chapter 126, AB 122)ê

 

discharge from employment any person because of his race, color, creed, national origin or sex, or to discriminate against a person with respect to hire, tenure, advancement, compensation or other terms, conditions or privileges of employment because of his race, creed, color, national origin or sex.

      2.  Contracts negotiated between contractors and the state, or any of its political subdivisions, shall contain the following contractual provisions:

      In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of race, creed, color, national origin or sex. Such agreement shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

      The contractor further agrees to insert this provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials.

      3.  Any violation of such provision by a contractor shall constitute a material breach of contract.

      Sec. 3.  NRS 281.070 and 338.120 are hereby repealed.

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

 

________

 

 

CHAPTER 127, AB 239

Assembly Bill No. 239–Mr. Ryan

CHAPTER 127

AN ACT to amend NRS section 612.050, defining the word “dependent” as used in the Unemployment Compensation Law, to include grandchildren.

 

[Approved March 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 612.050 is hereby amended to read as follows:

      612.050  “Dependent” means:

      1.  A wife, or a son or a daughter or a stepson or stepdaughter or a grandchild of less than 18 years of age, who is not gainfully employed, and who is wholly or mainly supported by the individual receiving the benefit; or

      2.  A husband, mother, father, stepmother, stepfather, brother or sister, or a son or daughter, or a stepson or stepdaughter, or a grandchild, who because of age or disability is unable to work, and who is wholly or mainly supported by the individual receiving the benefit.

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

 

________

 

 


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

ê1959 Statutes of Nevada, Page 139ê

 

CHAPTER 128, AB 268

Assembly Bill No. 268–Mr. Dyer

CHAPTER 128

AN ACT to amend NRS section 266.680, relating to costs of and limitations on special assessments by cities for public improvements, by raising the limitation on the amount of such assessment which may be assessed against any lot or premises from 50 percent of the assessed valuation of such property to 100 percent thereof.

 

[Approved March 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 266.680 is hereby amended to read as follows:

      266.680  1.  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.

      2.  In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed [50] 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 [50] 100 percent, which would otherwise be chargeable upon the lot or premises, shall be paid from the general funds of the city.

      3.  The council 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. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 129, SB 147

Senate Bill No. 147–Senators Black, Lauritzen, McGowan, Monroe and Murray

CHAPTER 129

AN ACT to amend NRS section 533.280, relating to the preparation and contents of annual budgets by the state engineer for stream systems and water districts, by adding a limitation that when a stream system irrigates more than 200,000 acres of land the assessment for water distribution expenses shall not exceed a certain sum.

 

[Approved March 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 533.280 is hereby amended to read as follows:

      533.280  1.  The state engineer shall, between the 1st Monday of October and the 1st Monday of December of each year, prepare a budget of the amount of money estimated to be necessary to pay the expenses of the stream system or each water district for the then current year.

      2.  The budget shall show the following detail:

      (a) The aggregate amount estimated to be necessary to pay the expenses of the stream system or water district.


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

ê1959 Statutes of Nevada, Page 140 (Chapter 129, SB 147)ê

 

      (b) The aggregate water rights in the stream system or water district as determined by the state engineer or the court.

      (c) The unit charge necessary to provide the funds required.

      (d) The charge against each water user, which shall be based upon the proportion which his water right bears to the aggregate water rights in the stream system; but the minimum charge shall be $1.

      3.  When the stream system lies in more than one county, a separate budget shall be prepared for each county showing only the claimants and charges assessable within the county.

      4.  When the stream system irrigates more than 200,000 acres of land, the assessment for water distribution expenses shall not exceed 6 cents per acre foot of water decreed.

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

 

________

 

 

CHAPTER 130, SB 158

Senate Bill No. 158–Committee on Federal Affairs

CHAPTER 130

AN ACT to amend NRS section 472.030, relating to the state board of forestry and fire control, its members and their terms and duties, by increasing the membership of the board and replacing the member representing users of beneficial waters with a member interested in fish and wildlife, providing terms for new members, and providing for a change in the dates of meetings of such board.

 

[Approved March 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 472.030 is hereby amended to read as follows:

      472.030  1.  The state board of forestry and fire control is hereby created.

The board shall consist of [six] seven members appointed by the governor. The governor shall make his appointments as follows:

      (a) One member from the Nevada Woolgrowers Association;

      (b) One member from the Nevada State Cattlemen’s Association;

      (c) One member who shall be a representative of the agricultural industry;

      (d) One member who shall be [a representative of users of beneficial water;] an active participant in outdoor activities connected with fish and wildlife;

      (e) One member who shall be a representative of the lumber and forest products industry; and

      (f) [One member] Two members who shall be [a representative] representatives of the public at large.

      2.  Immediately following July 1, 1955, the governor shall appoint:

      (a) One member from the Nevada Woolgrowers Association and one member from the Nevada State Cattlemen’s Association for terms of 2 years.

      (b) One member who shall be a representative of the agricultural industry [and one member who shall be a representative of users of beneficial water for terms] for a term of 3 years.


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

ê1959 Statutes of Nevada, Page 141 (Chapter 130, SB 158)ê

 

      (c) One member who shall be a representative of the lumber and forest products industry and one member who shall be a representative of the public at large for terms of 4 years.

Thereafter, appointments shall be for terms of 4 years.

      3.  Immediately following July 1, 1959, and every fourth year thereafter, the governor shall appoint one member who shall be an active participant in outdoor activities connected with fish and wildlife and one member who shall be a representative of the public at large for terms of 4 years.

      [3.]4.  A vacancy shall be filled by the governor for the unexpired term.

      [4.]5.  The board shall select a chairman from among its members to serve for 1 year. The state forester firewarden shall serve as the secretary of the board.

      [5.]6.  The board shall meet [on the last Friday in April and on the 1st Friday in October] twice yearly, once in the spring and once in the fall of the year, the date to be fixed by the secretary, at any convenient place in the state, and may meet at other times upon call by the secretary.

      [6.]7.  The members of the board shall receive no compensation for their services, but shall be entitled to mileage and per diem expenses the same as other state officers.

      [7.]8.  The duties of the board shall be:

      (a) To represent the interests of the State of Nevada in federal land matters pertaining to forestry and fire control; and

      (b) To protect the interests of the State of Nevada in forest and watershed resources on state and private lands.

      [8.]9.  The board shall assist the director of the state department of conservation and natural resources to determine, establish and maintain an adequate policy of forest and watershed protection. The general policies for the guidance of the state forester firewarden shall be determined and designated by the director of the state department of conservation and natural resources after consultation with the board.

 

________

 

 

CHAPTER 131, SB 179

Senate Bill No. 179–Senator Echeverria

CHAPTER 131

AN ACT to amend NRS section 472.040, relating to the powers and duties of the state forester firewarden, by allowing him to purchase or accept real property for experimental or demonstration purposes.

 

[Approved March 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 472.040 is hereby amended to read as follows:

      472.040  1.  The duties of the state forester firewarden shall be to:

      (a) Supervise or coordinate all forestry and watershed work on state- and privately-owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private individuals.


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

ê1959 Statutes of Nevada, Page 142 (Chapter 131, SB 179)ê

 

      (b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and to perform such other duties as might be designated by the director of the state department of conservation and natural resources, the state board of forestry and fire control or by state law.

      (c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.

      2.  The state forester firewarden is authorized in carrying out the provisions of this chapter to:

      (a) Appoint such paid foresters and firewardens as he may deem necessary to enforce the provisions of the laws of this state respecting forest and watershed management or the protection of forests and other lands from fire, subject to the approval of the board or boards of county commissioners of the county or counties concerned, and when so appointed the foresters and firewardens shall have only the police powers necessary to enforce the provisions of such laws.

      (b) Appoint, in such number and localities as he may deem proper, suitable citizen-wardens who shall have all of the police powers of paid firewardens. Such citizen-wardens shall serve voluntarily except that they may receive compensation when an emergency is declared by the state forest firewarden or his duly appointed and authorized assistants.

      (c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Such voluntary firewardens shall have all of the police powers of paid firewardens, but they shall receive no compensation for their services.

      (d) Employ, with the consent of the director of the state department of conservation and natural resources, clerical assistance, county and district coordinators, patrolmen, fire fighters, and other employees as needed, and to expend such sums as may be necessarily incurred for this purpose.

      (e) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.

      (f) With the approval of the state board of examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property shall be purchased or accepted unless an examination of the title shows such property to be free from encumbrances, with title vested in the grantor. The title to such real property shall be examined and approved by the attorney general.

 

________

 

 


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

ê1959 Statutes of Nevada, Page 143ê

 

CHAPTER 132, SB 202

Senate Bill No. 202–Senator Gallagher

CHAPTER 132

AN ACT to amend NRS sections 354.410, 354.420, 354.440, 354.450, 354.460, 547.070 and 547.090, relating to temporary emergency loans by cities, towns, school districts and other districts, and the fiscal year and powers of agricultural associations, by permitting agricultural associations to make temporary emergency loans, issue negotiable notes and bonds as evidence thereof, transfer funds to meet emergencies, and to levy an emergency tax; by amending a definition and fiscal year dates; and by providing other matters properly relating thereto.

 

[Approved March 10, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 354.410 is hereby amended to read as follows:

      354.410  1.  As used in NRS 354.410 to 354.460, inclusive, “political subdivision” means every city, town, [municipality,] school district, irrigation district, fire protection district, agricultural association and mosquito abatement district in the State of Nevada.

      2.  Political subdivisions, together with their governing boards, are deemed to be governmental agencies of the State of Nevada.

      Sec. 2.  NRS 354.420 is hereby amended to read as follows:

      354.420  1.  In case of great necessity or emergency, the governing board of any [city, town, school district, irrigation district, mosquito abatement district or fire protection district] political subdivision organized according to law, by unanimous vote, by resolution reciting the character of the necessity or emergency, may authorize a temporary loan for the purpose of meeting such necessity or emergency.

      2.  Except as provided in subsection 3, before the adoption of any such emergency resolution by the governing board, the board shall publish notice of the board’s intention to act thereon in a newspaper of general circulation for at least one publication. No vote may be taken upon such emergency resolution until 15 days after the publication of the notice. The cost of publication of the notice required of a school district shall be a proper charge against the school district fund.

      3.  In school districts having less than 100 pupils in average daily attendance the publication of the emergency resolution may be made by posting conspicuously, in three different places in the school district, a notice containing in full the emergency resolution with the date upon which the board of trustees of the school district is to meet to act upon the emergency resolution. Posting of the notice shall be made not less than 10 days previous to the date fixed in the emergency resolution for action thereon.

      Sec. 3.  NRS 354.440 is hereby amended to read as follows:

      354.440  1.  Whenever any governing board of any [city, town, school district, irrigation district, mosquito abatement district or fire protection district] political subdivision is authorized to make an emergency loan as provided in NRS 354.430, the governing board may issue, as evidence thereof, negotiable notes or short-time negotiable bonds.


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

ê1959 Statutes of Nevada, Page 144 (Chapter 132, SB 202)ê

 

      2.  The negotiable notes or bonds shall:

      (a) Mature not later than 3 years from the date of issuance.

      (b) Bear interest not to exceed 8 percent per annum.

      (c) Be redeemable at the option of such [city, town, school district, irrigation district, mosquito abatement district or fire protection district] political subdivision at any time when money is available in the emergency tax fund provided for in NRS 354.460.

      Sec. 4.  NRS 354.450 is hereby amended to read as follows:

      354.450  1.  After an emergency loan has been authorized as provided in NRS 354.430 and if, in the judgment of the governing board of the [city, town, school district, irrigation district, mosquito abatement district or fire protection district organized according to law,] political subdivision, the fiscal affairs of the political subdivision can be carried on without impairment and there is sufficient money in the general fund or a surplus in any other fund, with the exception of the bond interest and redemption fund, of the political subdivision, the governing board is authorized to transfer from the general fund or from the surplus appearing in any fund, with the exception of the bond interest and redemption fund, money sufficient to handle the emergency.

      2.  When such a transfer is made, the governing board of the political subdivision shall comply with the provisions of NRS 354.460, and when the emergency tax is thereafter collected the amount so collected shall be placed immediately in the fund from which the loan was made.

      3.  In cases where the fund from which the loan was made, at the time of the transfer of funds therefrom, contains a surplus that in the judgment of the state board of finance is or will not be needed for the purposes of the fund in the ordinary course of events, then the emergency tax need not be levied, collected and placed in the fund from which the loan was made, but such transfer shall be deemed refunded for all purposes of NRS 354.410 to 354.460, inclusive.

      4.  Interest accounts come within the jurisdiction of the state board of finance and may be approved or disapproved, in whole or in part, by the state board of finance.

      Sec. 5.  NRS 354.460 is hereby amended to read as follows:

      354.460  1.  At the first tax levy following the creation of any emergency indebtedness, the governing board of any [city, town, school district, irrigation district, mosquito abatement district or fire protection district] political subdivision shall levy a tax sufficient to pay the same. The tax shall be designated “City of .................... Emergency Tax,” “Town of .................... Emergency Tax,” “.................... School District Emergency Tax [”] ,” “.................... Agricultural Association Emergency Tax” or “.................... District Emergency Tax” as the case may be, the proceeds of which shall be placed in an emergency fund in the city treasury, or in an emergency fund in the county treasury in the cases of towns, school districts, irrigation districts, mosquito abatement districts, agricultural associations or fire protection districts, to be used solely for the purpose of redeeming the emergency loan for which the same is levied.


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

ê1959 Statutes of Nevada, Page 145 (Chapter 132, SB 202)ê

 

      2.  The board of county commissioners of any county is authorized, upon receipt of a written resolution of the board of trustees of a school district, to transfer the money remaining in the emergency loan fund of that school district to the school district fund after payment in full of the emergency loan and the interest thereon.

      Sec. 6.  NRS 547.070 is hereby amended to read as follows:

      547.070  The fiscal year shall be from [December 1 to November 31,] July 1 to June 30, inclusive.

      Sec. 7.  NRS 547.090 is hereby amended to read as follows:

      547.090  An agricultural association [shall have power and authority:] may:

      1.  [To contract] Contract and be contracted with.

      2.  [To sue] Sue and be sued.

      3.  [To have] Have and use a common seal.

      4.  [To purchase,] Purchase, hold and lease real property, with such buildings and improvements as may be erected thereon, and may sell, lease and dispose of the same at pleasure. The real property shall be used by the agricultural association for the purpose of holding exhibitions of horses, cattle and other livestock, and of the agricultural, horticultural, viticultural, mechanical, manufacturing and domestic products of the district, with a view to the improvement of all of the industries in the agricultural district.

      5.  Make temporary emergency loans as provided in NRS 354.410 to 354.460, inclusive.

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

 

________

 

 

CHAPTER 133, SB 211

Senate Bill No. 211–Committee on Judiciary

CHAPTER 133

AN ACT authorizing the purchase of certain books by the Supreme Court of the State of Nevada, and making an appropriation therefor.

 

[Approved March 10, 1959]

 

      Whereas, An opportunity exists whereby the supreme court may obtain needed volumes of the Pacific Reporter, Second Series, at a reasonable cost; now, therefore,

 

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

do enact as follows:

 

      Section1.  The Supreme Court of the State of Nevada is hereby authorized to purchase, at a cost of $300, volumes 168 to 327, inclusive, of the Pacific Reporter, Second Series, which are now the property of Justice Edgar A. Eather, retired.

      Sec. 2.  There is hereby appropriated from the general fund in the state treasury the sum of $300 to effectuate the purchase authorized by section 1 of this act.

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

 

________

 

 


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

ê1959 Statutes of Nevada, Page 146ê

 

CHAPTER 134, AB 42

Assembly Bill No. 42–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 134

AN ACT to amend NRS sections 209.040, 209.130 and 209.260, relating to the powers of the board of state prison commissioners and warden of the Nevada state prison, and the classification, separation and clothing of prisoners, by providing that prison employees shall be appointed pursuant to the state personnel and merit system and by deleting the provision requiring prisoners of the third grade to wear certain clothing.

 

[Approved March 11, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 209.040 is hereby amended to read as follows:

      209.040  The board shall:

      1.  Have full control of all of the state prison grounds, buildings, prison labor and prison property.

      2.  Purchase, or cause to be purchased, all needed commissary supplies, all raw materials and tools necessary for any manufacturing purposes carried on at the state prison.

      3.  Sell all manufactured articles and stone and collect the money for the same.

      4.  Rent or hire out any or all of the labor of the convicts and collect the money therefor.

      5.  Regulate the number of officers and employees. [and fix the salaries thereof.]

      Sec. 2.  NRS 209.130 is hereby amended to read as follows:

      209.130  1.  The warden shall have the general superintendence of prison discipline and prison labor.

      2.  He shall:

      (a) [Have the power to engage and remove all employees.] Appoint, pursuant to chapter 284 of NRS, such officers and employees as the board determines to be necessary for the operation of the prison.

      (b) Engage a matron, who may be his wife, whenever there shall be female prisoners confined in the prison.

      3.  Every regular employee employed under the provisions of this section shall be entitled to 1 day off in each week of service.

      Sec. 3.  NRS 209.260 is hereby amended to read as follows:

      209.260  1.  The warden shall classify and separate the prisoners into three grades, as follows:

      (a) In the first grade shall be included those appearing to be corrigible or less vicious than the others, and likely to observe the laws and discipline of the prison and maintain themselves by honest industry after their discharge.

      (b) In the second grade shall be included those appearing to be incorrigible or more vicious, but so competent to work and so reasonably obedient to prison discipline as not to interfere seriously with the productiveness of their labor, or of the labor of those with whom they may be employed.


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

ê1959 Statutes of Nevada, Page 147 (Chapter 134, AB 42)ê

 

      (c) In the third grade shall be included those who are incorrigible or so insubordinate as to interfere seriously with the discipline of the prison or with the productiveness of its labor.

      2.  The prison garb or dress of the prisoners as classified in compliance with subsection 1 shall be as follows:

      (a) Prisoners comprising the first grade shall be dressed in an outer dress of one color throughout, the color to be selected by the board.

      (b) Prisoners comprising the second [grade] and third grades shall be dressed in clothing of the regulation prison [stripes] garb.

      [(c) Prisoners comprising the third grade shall be dressed in trousers of the regulation stripes, but their shirts and coats shall be red in color.]

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

 

________

 

 

CHAPTER 135, AB 316

Assembly Bill No. 316–Miss Herr

CHAPTER 135

AN ACT to amend NRS sections 426.520 and 426.550, relating to services to the blind, by changing the name of the state bureau of vocational rehabilitation for the blind; and to amend NRS sections 426.450 and 426.610 relating to judicial review of administrative decisions respecting aid and services to the blind.

 

[Approved March 11, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 426.450 is hereby amended to read as follows:

      426.450  1.  If any applicant for or recipient of aid to the blind is dissatisfied with any action taken by or failure to act on the part of the state welfare department in respect to his case, he shall have the right of appeal to the state welfare department and the right to be represented in such appeal by his counsel or agent.

      2.  The department shall provide an opportunity for a fair hearing of such individual’s appeal and shall review his case in all matters in respect to which he is dissatisfied.

      3.  If such individual feels himself aggrieved by [any] the decision of the department in respect to his case he shall have the right [to appeal such decision to the district court having jurisdiction in the place of his residence, and the district court shall have jurisdiction to review his case with respect to all matters of fact and of law.] , at any time within 90 days after the mailing to him of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the department, a copy of which shall be certified as correct by the director of the state welfare department and filed by the department with the clerk of the court as part of its answer to any such petition for review.


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

ê1959 Statutes of Nevada, Page 148 (Chapter 135, AB 316)ê

 

for review. The district court shall either affirm the decision of the department, or, if it concludes that the findings of the department are not supported by evidence or that the department’s decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the department for further proceedings in conformity with the decision of the court.

      Sec. 2.  NRS 426.520 is hereby amended to read as follows:

      426.520  As used in NRS 426.520 to 426.620, inclusive, unless the context otherwise requires:

      1.  “Blind persons” means any person who by reason of loss or impairment of eyesight is unable to provide himself with the necessities of life, and who has not sufficient income of his own to maintain himself, and shall include any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.

      2.  “Bureau” means the state bureau of [vocational rehabilitation for] services to the blind.

      3.  “Department” means the state welfare department.

      Sec. 3.  NRS 426.550 is hereby amended to read as follows:

      426.550  1.  There is hereby created within the department a bureau of [vocational rehabilitation for] services to the blind, which shall be the sole agency in the state responsible for the rehabilitation of the blind.

      2.  The bureau shall be headed by a chief, who is experienced in work for the blind. Preference shall be given to qualified blind persons in filling the position of chief of the bureau. The duties of such bureau shall be confined to carrying out the provisions of NRS 426.540 to 426.620, inclusive.

      3.  The bureau shall not be made a part of any other division or subdivision of the department, and the chief of the bureau [for the vocational rehabilitation] of services to the blind shall be directly responsible to the director of the department.

      4.  All personnel appointed by the department to administer the provisions of NRS 426.520 to 426.620, inclusive, shall receive salaries which shall be fixed in accordance with the pay plan adopted by the state pursuant to the provisions of chapter 284 of NRS, and they shall receive subsistence and travel expense as provided by law.

      Sec. 4.  NRS 426.610 is hereby amended to read as follows:

      426.610  1.  If any applicant for or recipient of [vocational rehabilitation for] services to the blind is dissatisfied with any action taken by, or failure to act on the part of, the bureau or the department in respect to his case, he shall have the right of appeal to the department and the right to be represented in such appeal by his counsel or agent.

      2.  The department shall provide an opportunity for a fair hearing of such individual’s appeal and shall review his case in all matters in respect to which he is dissatisfied.

      3.  If such individual feels himself aggrieved by [any] the decision of the department in respect to his case he shall have the right [to appeal such decision to the district court having jurisdiction in the place of his residence, and the district court shall have jurisdiction to review his case with respect to all matters of fact and of law.]


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

ê1959 Statutes of Nevada, Page 149 (Chapter 135, AB 316)ê

 

review his case with respect to all matters of fact and of law.] , at any time within 90 days after the mailing to him of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the department, a copy of which shall be certified as correct by the director of the department and filed by the department with the clerk of the court as part of its answer to any such petition for review. The district court shall either affirm the decision of the department, or, if it concludes that the findings of the department are not supported by evidence or that the department’s decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the department for further proceedings in conformity with the decision of the court.

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

 

________

 

 

CHAPTER 136, AB 214

Assembly Bill No. 214–Miss Herr (by request)

CHAPTER 136

AN ACT to amend NRS section 205.460, relating to the use of false identification cards by minors by providing that a demand of proof of age by a defendant licensee, his agent or employee is a defense in criminal prosecutions or proceedings for the suspension or revocation of alcoholic liquor licenses and gambling licenses for the illegal furnishing of alcoholic liquor to persons under the age of 21 years or for allowing persons under the age of 21 years to enter a gambling establishment or engage in gambling in such gambling establishment; by changing “minor” to “person under the age of 21 years”; and by providing other matters properly relating thereto.

 

[Approved March 11, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 205.460 is hereby amended to read as follows:

      205.460  1.  Every person who shall counterfeit, forge, alter, erase or obliterate, or who attempts to counterfeit, forge, alter, erase or obliterate any card, writing, paper or document, or any photocopy print, photostat, or other replica of any card, writing, paper or document which is designed for the purpose of personal identification and which bears the age of the holder or purported holder thereof, or which, although not designed for the purpose of personal identification, is commonly used, or capable of being used for the purpose of personal identification and bears the age of the holder or purported holder thereof, with the intention that such card, writing, paper or document, or photocopy print, photostat or other replica thereof, should be used by a [minor] person under the age of 21 years to establish falsely or misrepresent his actual age for the purpose of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in such gambling establishments, shall be guilty of a misdemeanor. Included among, but not limited to, the cards, writings, papers or documents and the photocopy prints or other replicas thereof which, although not designed for the purpose of personal identification, are commonly used, or capable of being used, for the purpose of personal identification, are the following: Operator’s license, chauffeur’s license, fishing or hunting license, selective service card, organizational membership card, certificate of discharge from the Armed Forces, or certificate or other record of birth.


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ê1959 Statutes of Nevada, Page 150 (Chapter 136, AB 214)ê

 

writings, papers or documents and the photocopy prints or other replicas thereof which, although not designed for the purpose of personal identification, are commonly used, or capable of being used, for the purpose of personal identification, are the following: Operator’s license, chauffeur’s license, fishing or hunting license, selective service card, organizational membership card, certificate of discharge from the Armed Forces, or certificate or other record of birth.

      2.  Every person who shall sell, lend, give away or offer, or attempt to sell, lend, give away or offer, any counterfeited, forged, altered, erased or obliterated card, writing, paper or document, or photocopy print, photostat or other replica thereof, of the kind mentioned in subsection 1, to a [minor,] person under the age of 21 years, shall be guilty of a misdemeanor.

      3.  Every [minor] person under the age of 21 years who shall use or attempt to use or shall proffer any counterfeited, forged, erased or obliterated card, writing, paper, document, or any photocopy print, photostat or other replica thereof, of the kind mentioned in subsection 1, for the purpose and with the intention of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in such establishments, or who actually purchases alcoholic liquor or is actually served alcoholic liquor in a place where it is served for consumption on the premises, or actually enters a gambling establishment or actually gambles therein, when such purchase, service, entering or gambling is induced or permitted by the presentation of any such card, writing, paper or document, or any photocopy print, photostat or other replica thereof, shall be guilty of a misdemeanor.

      4.  In any criminal prosecution or proceeding for the suspension or revocation of any license based upon violation of any law making it unlawful to sell, serve or furnish a person under the age of 21 years alcoholic liquor or upon violation of any law making it unlawful to allow a person under the age of 21 years to enter a gambling establishment or engage in gambling in such gambling establishment, proof that the defendant licensee, or his agent or employee, demanded and was shown, immediately prior to furnishing any alcoholic liquor to a person under the age of 21 years or allowing a person under the age of 21 years to enter a gambling establishment or engage in gambling in such gambling establishment, bona fide documentary evidence of majority and identity of the person issued by a federal, state, county or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator’s license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces, is a defense to the prosecution or proceeding for the suspension or revocation of any license.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 151ê

 

CHAPTER 137, AB 193

Assembly Bill No. 193–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 137

AN ACT to amend NRS sections 316.080 and 316.250, relating to swimming pool district organizational elections, indebtedness, petitions and hearings, by amending and correcting terminology.

 

[Approved March 11, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 316.080 is hereby amended to read as follows:

      316.080  1.  Upon the hearing, if the court finds that no petition has been signed and presented in conformity with this chapter, it shall dismiss the proceedings and adjudge the costs against the signers of the petition in such proportion as [it shall deem] is just and equitable. No appeal [shall] may lie from an order dismissing the proceedings. Nothing in this section [shall be construed to prevent] prevents the filing of a subsequent petition for similar improvements or for a similar district, and the right so to renew such proceedings is hereby expressly granted and authorized.

      2.  Any time after the filing of the petition for the organization of a district and before the day fixed for the hearing thereon, the owner of any property within the proposed district may file a petition with the court stating reasons why the property should not be included therein, and praying that the property be excluded therefrom. Such petition shall be duly verified and shall describe the property sought to be excluded. The court shall hear the petition and all objections thereto at the time of the hearing on the petition for organization, and shall determine whether the property should be excluded or included in the district.

      3.  Upon the hearing, if it [shall appear] appears that a petition for the organization of a district has been signed and presented in conformity with this chapter, and that the allegations of the petition are true, the court, by order duly entered of record, shall direct that the question of the organization of the district [shall] be submitted to the taxpaying electors of the district at an election to be held for that purpose, and such order shall appoint three taxpaying electors of the district as [judges] officers of the election. The clerk of the court having jurisdiction shall give notice by publication of the time and place of the election, which shall be held not less than 20 days after the first publication of the notice. Such notice shall state the purposes and boundaries of the district.

      4.  Such election shall be held and conducted as nearly as may be in the same manner as general elections in this state. For the purpose of determining qualifications of electors, the election [judges] officers may require the execution of an affidavit concerning the qualifications of any elector.

      5.  At such election the voters shall vote for or against the organization of the district, and for five taxpaying electors of the district, who shall constitute the board of directors of the district, two directors to act until the first biennial election, three until the second biennial election.


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ê1959 Statutes of Nevada, Page 152 (Chapter 137, AB 193)ê

 

who shall constitute the board of directors of the district, two directors to act until the first biennial election, three until the second biennial election.

      6.  The [judges] officers of the election shall certify the returns of the election to the district court having jurisdiction. If a majority of the votes cast at the election are in favor of the organization, the district court shall declare the district organized and give the district the corporate name designated in the petition, by which it shall thereafter be known in all proceedings, and designate the first board of directors elected. Thereupon, the district shall be a governmental subdivision of the State of Nevada and a body corporate with all the powers of a public or quasi-municipal corporation.

      7.  If an order is entered establishing the district, such order shall be deemed final. The entry of such order [shall] finally and conclusively [establish] establishes the regular organization of the district against all persons, unless a notice of appeal from such order [shall be] is filed within 20 days after the entry of such order, or unless within 30 days after the entry of such order an action in the nature of a writ of quo warranto [shall be] is commenced by the attorney general on behalf of the State of Nevada, and not otherwise. The organization of the district [shall] may not be directly or collaterally questioned in any suit, action or proceeding except as expressly authorized in this subsection.

      Sec. 2.  NRS 316.250 is hereby amended to read as follows:

      316.250  Whenever any board [shall] , by resolution, [determine] determines that the interest of the district and the public interest or necessity demand the acquisition, construction, installation or completion of any swimming pool, works or other improvements or facilities, or the making of any contract with the United States or other persons or corporations, to carry out the objects or purposes of the district, requiring the creation of an indebtedness of $5,000 or more, the board shall order the submission of the proposition of issuing such obligations or bonds, or creating other indebtedness, to the qualified taxpaying electors of the district at an election held for that purpose. Any such election may be held separately, or may be consolidated or held concurrently with any other election authorized by this chapter. The declaration of public interest or necessity herein required and the provision for the holding of such election may be included within [one and] the same resolution, which resolution, in addition to such declaration of public interest or necessity, shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the swimming pool, works or improvements, as the case may be, the amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness. Such resolution shall also fix the date upon which such election shall be held and the manner of holding the same and the method of voting for or against the incurring of the proposed indebtedness. Such resolution shall also fix the compensation to be paid the officers of the election and shall designate the polling place or places and shall appoint, for each polling place from the electors of the district, [the] three officers of such election, [consisting of three judges,] one of whom shall act as clerk.


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ê1959 Statutes of Nevada, Page 153 (Chapter 137, AB 193)ê

 

three officers of such election, [consisting of three judges,] one of whom shall act as clerk.

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

 

________

 

 

CHAPTER 138, AB 192

Assembly Bill No. 192–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 138

AN ACT to amend NRS sections 311.070, 311.120, 311.240 and 311.370, relating to water and sanitation district organization, reorganization, indebtedness, elections, petitions and hearings, by providing that two members of water and sanitation district’s board of directors shall, upon election, serve until the first biennial election, and three until the second biennial election; by limiting terms of members to 4 years; by preserving existing terms; by amending terminology; and providing other matters properly relating thereto.

 

[Approved March 11, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 311.070 is hereby amended to read as follows:

      311.070  1.  Upon the hearing, if the court finds that no petition has been signed and presented in conformity with this chapter, it shall dismiss the proceedings and adjudge the costs against the signers of the petition in such proportion as [it shall deem] is just and equitable. No appeal [shall] may lie from an order dismissing the proceedings. Nothing in this section [shall be construed to prevent] prevents the filing of a subsequent petition for similar improvements or for a similar district, and the right so to renew such proceedings is hereby expressly granted and authorized.

      2.  Any time after the filing of the petition for the organization of a district and before the day fixed for the hearing thereon, the owner of any property within the proposed district may file a petition with the court stating reasons why the property should not be included therein, and praying that the property be excluded therefrom. Such petition shall be duly verified and shall describe the property sought to be excluded. The court shall hear the petition and all objections thereto at the time of the hearing on the petition for organization, and shall determine whether the property should be excluded or included in the district.

      3.  Upon the hearing, if it [shall appear] appears that a petition for the organization of a district has been signed and presented in conformity with this chapter, and that the allegations of the petition are true, the court, by order duly entered of record, shall direct that the question of the organization of the district [shall] be submitted to the taxpaying electors of the district at an election to be held for that purpose, and such order shall appoint three taxpaying electors of the district as [judges] officers of the election. The clerk of the court having jurisdiction shall give notice by publication of the time and place of the election, which shall be held not less than 20 days after the first publication of the notice.


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ê1959 Statutes of Nevada, Page 154 (Chapter 138, AB 192)ê

 

and place of the election, which shall be held not less than 20 days after the first publication of the notice. Such notice shall state the purposes and boundaries of the district.

      4.  Such election shall be held and conducted as nearly as may be in the same manner as general elections in this state. For the purpose of determining qualifications of electors, the election [judges] officers may require the execution of an affidavit concerning the qualifications of any elector.

      5.  At such election the voters shall vote for or against the organization of the district, and for five taxpaying electors of the district, who shall constitute the board of directors of the district, if organized, [one director] two directors to act until the first biennial election [, two until the second,] and [two] three to act until the [third] second biennial election.

      6.  The [judges] officers of the election shall certify the returns of the election to the district court having jurisdiction. If a majority of the votes cast at the election are in favor of the organization, the district court shall declare the district organized and give the district the corporate name designated in the petition, by which it shall thereafter be known in all proceedings, and designate the first board of directors elected. Thereupon the district shall be a governmental subdivision of the State of Nevada and a body corporate with all the powers of a public or quasi-municipal corporation.

      7.  If an order be entered establishing the district, such order shall be [deemed] final. The entry of such order [shall] finally and conclusively [establish] establishes the regular organization of the district against all persons, unless a notice of appeal from such order [shall be] is filed within 20 days after the entry of such order, or unless within 30 days after the entry of such order an action in the nature of a writ of quo warranto [shall be] is commenced by the attorney general on behalf of the State of Nevada, and not otherwise. The organization of the district [shall] may not be directly or collaterally questioned in any suit, action or proceeding except as expressly authorized in this subsection.

      8.  Any person elected prior to the effective date of this amendatory act may serve the balance of the term for which he was elected.

      Sec. 2.  NRS 311.120 is hereby amended to read as follows:

      311.120  1.  At the next general election and in conjunction therewith after the organization of any district, and in conjunction with every general election thereafter, an election shall be held which shall be known as the biennial election of the district.

      2.  At the first biennial election in any district hereafter organized, and each [sixth] fourth year thereafter, there shall be elected by the taxpaying electors of the district [one member] two members of the board to serve for a term of [6] 4 years; at the second biennial election and each [sixth] fourth year thereafter, there shall be elected [two] three members of the board to serve for terms of [6] 4 years. [, and at the third biennial election, and each sixth year thereafter, there shall be elected two members of the board to serve for terms of 6 years.]

      3.  Not later than 60 days before any such election, nominations may be filed with the secretary of the board, who shall not later than 30 days before any such election certify such nominations to the county clerk or clerks if the district be composed of territory in more than one county.


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ê1959 Statutes of Nevada, Page 155 (Chapter 138, AB 192)ê

 

may be filed with the secretary of the board, who shall not later than 30 days before any such election certify such nominations to the county clerk or clerks if the district be composed of territory in more than one county. If a nominee does not withdraw his name before the secretary certifies the nominations to the county clerk, his name shall be placed on the ballot. The secretary of the district shall give notice of election by publication, and shall arrange such other details in connection therewith as the board may direct. The returns of the election shall be certified to and shall be canvassed as provided by the general law concerning elections. The candidate or candidates, according to the number of directors to be elected, receiving the most votes, shall be elected. Any new member of the board shall qualify in the same manner as members of the first board qualify.

      4.  Any person elected prior to the effective date of this amendatory act may serve the balance of the term for which he was elected.

      Sec. 3.  NRS 311.240 is hereby amended to read as follows:

      311.240  Whenever any board [shall] , by resolution, [determine] determines that the interest of the district and the public interest or necessity demand the acquisition, construction, installation or completion of any works or other improvements or facilities, or the making of any contract with the United States or other persons or corporations, to carry out the objects or purposes of the district, requiring the creation of an indebtedness of $5,000 or more, the board shall order the submission of the proposition of issuing such obligations or bonds, or creating other indebtedness to the qualified taxpaying electors of the district at an election held for that purpose. Any such election may be held separately, or may be consolidated or held concurrently with any other election authorized by this chapter. The declaration of public interest or necessity herein required and the provision for the holding of such election may be included within [one and] the same resolution, which resolution, in addition to such declaration of public interest or necessity, shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness. Such resolution shall also fix the date upon which such election shall be held and the manner of holding the same and the method of voting for or against the incurring of the proposed indebtedness. Such resolution shall also fix the compensation to be paid the officers of the election and shall designate the polling place or places and shall appoint, for each polling place from the electors of the district, [the] three officers of such election, [consisting of three judges,] one of whom shall act as clerk.

      Sec. 4.  NRS 311.370 is hereby amended to read as follows:

      311.370  1.  Any sewage or water district organized pursuant to the provisions of chapter 310 of NRS may effect its reorganization as a sanitation district or water district pursuant to the provisions of this chapter.

      2.  Upon the filing of a petition for reorganization of such a sewage or water district by its governing body with a district court having jurisdiction thereof, as provided in NRS 311.030, the district court, by order duly entered shall declare the district organized as a district pursuant to the provisions of this chapter and all laws amendatory thereof and supplemental thereto, and shall give the district the corporate name designated in the petition, by which it shall thereafter be known in all proceedings, and shall designate as the first board of directors of the district the taxpaying electors named therefor in the petition, [one director] two directors to act until the first biennial election [, two until the second,] and [two] three to act until the [third] second biennial election.


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ê1959 Statutes of Nevada, Page 156 (Chapter 138, AB 192)ê

 

jurisdiction thereof, as provided in NRS 311.030, the district court, by order duly entered shall declare the district organized as a district pursuant to the provisions of this chapter and all laws amendatory thereof and supplemental thereto, and shall give the district the corporate name designated in the petition, by which it shall thereafter be known in all proceedings, and shall designate as the first board of directors of the district the taxpaying electors named therefor in the petition, [one director] two directors to act until the first biennial election [, two until the second,] and [two] three to act until the [third] second biennial election.

      3.  Thereupon, the district shall be a governmental subdivision of the State of Nevada and a body corporate with all the powers of a public or quasi-municipal corporation organized pursuant to this chapter and all laws amendatory thereof and supplemental thereto. The validity of such organization may not be questioned directly or indirectly in any suit, action or proceeding except as provided in NRS 311.070.

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

 

________

 

 

CHAPTER 139, AB 156

Assembly Bill No. 156–Committee on Judiciary

CHAPTER 139

AN ACT to repeal NRS section 707.330 requiring telephone companies or corporations to install necessary instruments and appliances and furnish service on application of certain owners of real property or occupants of buildings and premises, and providing for the payment of liquidated damages to such applicants for a company’s refusal or neglect to install instruments and appliances and furnish service.

 

[Approved March 11, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 707.330 is hereby repealed.

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

 

________

 

 


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ê1959 Statutes of Nevada, Page 157ê

 

CHAPTER 140, AB 109

Assembly Bill No. 109–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 140

AN ACT to amend NRS sections 108.540 and 108.550, relating to animal and agistors’ liens, by providing that a person furnishing feed, pasture or board to any animal or animals has a lien for the cost thereof; by providing penalties for the removal of such animal or animals without payment of such cost; by providing for the foreclosure of the lien by sale, the procedure for obtaining a sale and the disposition of the proceeds; by providing for the vesting of title to such animal or animals; and by providing other matters properly relating thereto.

 

[Approved March 11, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 108.540 is hereby amended to read as follows:

      108.540  [1.  Any ranchman, or other person or persons keeping corrals, livery or feed stables, or furnishing hay, grain, pasture or otherwise boarding any horse or horses, mule or mules, ox or oxen, or other animal or animals, shall have a lien upon and retain possession of the same, or a sufficient number thereof, until all reasonable charges are paid; or suit can be brought and judgment obtained for the amount of the charges, and execution issued and levied on the property. Nothing in this section shall be so construed as to include any debt other than for the boarding, keeping, or pasture of such animal or animals, together with costs of suit and sale.

      2.  Sales of such animal or animals shall be made as other sales of personal property under execution. The officer making the sale shall be entitled to such fees for his services as are allowed by law in cases of other sales of personal property.

      3.  After paying all charges, together with costs of suit and sale, the remainder, if there be any, shall be paid to the owner or owners of the animal or animals, or, in case the owner or owners is or are out of the state or cannot be found, to the justice of the peace before whom, or the clerk of the court in which, judgment is rendered.

      4.  If the money is not called for by the owner or owners thereof within 6 months, the justice of the peace or clerk shall pay the same to the county treasurer of his county for school purposes.

      5.  Any person or persons who shall take and drive away any such animal or animals, while in the possession of such ranchman or person boarding the same, without having first paid all reasonable charges due thereon, and against the consent of the ranchman or other person, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding the value of the stock so taken or driven away, nor less than $50. Nothing herein contained shall be so construed as to release the owner or owners of the property from the amount of any lien there may be due thereon, under and by virtue of this section.]

      1.  For the purposes of NRS 108.540 and 108.550, unless the context otherwise requires, “person” means any individual, partnership, corporation or association.


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ê1959 Statutes of Nevada, Page 158 (Chapter 140, AB 109)ê

 

      2.  Any person furnishing feed, pasture or otherwise boarding any animal or animals, at the request or with the consent of the owner or his representative, shall have a lien upon such animal or animals, and may retain possession thereof until the sum due for such feed, pasture or board has been paid. The lien herein created shall be subordinate only to such other liens of third persons as have been placed on record, as required by law, in the county where the feed, pasture or board was or is being furnished.

      3.  Before foreclosing the lien by sale, the person furnishing the feed, pasture or board shall mail a registered letter to the owner, or purported owner, of the animal or animals, at the owner’s, or purported owner’s, last-known address. The letter shall demand payment of all moneys due and owing for the feed, pasture or board, and shall inform such owner that if payment is not made the lien will be foreclosed by sale. If payment is not made within 30 days from the date of mailing the registered letter, the lien may be foreclosed by sale, in the manner provided by NRS 108.550.

      4.  Any person who takes and drives away any such animal or animals, while in the possession of the person feeding, pasturing or boarding the same, without the consent of the person feeding, pasturing or boarding the same, and without first having paid all reasonable charges due thereon, is guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding the value of the animal or animals, but the fine may not be less than $50 regardless of the value of such animal or animals. Nothing contained in this subsection shall be construed to release the owner of the animal or animals from the amount of any lien which may be due thereon, under this section.

      Sec. 2.  NRS 108.550 is hereby amended to read as follows:

      108.550  1.  [Any ranchman, or other person or persons, firm, company or corporation furnishing hay, grain, feed, pasture or otherwise boarding any horse or horses, mule or mules, burro or burros, ox or oxen, sheep, goats, cattle or hogs, at the request or with the consent of the owner, or its or his representatives, shall have a lien upon and may retain possession of same, or sufficient number thereof, until the sum due for such feed, pasture or board has been paid. The lien herein created shall be subordinate only to such other liens of third persons as have been placed on record, as required by law, in the county where the feed, pasture or board was or is being furnished.

      2.  If the lien be not discharged by payment within 30 days after the mailing, by the person, firm, company or corporation furnishing the hay, grain, feed or pasture, or who boarded the animals, of a registered letter to the last-known address of the owner or owners or purported owner or owners of the animals, demanding payment of all moneys due and owing for the feed, pasture and board, and stating that if payment is not made the lien will be foreclosed by sale, the lien] The lien provided for in NRS 108.540 may be foreclosed in the following manner:

      (a) A notice shall be posted for a period of 10 days in 3 public and conspicuous places in the county where the animals are being fed, pastured or boarded, which notice shall also be published in one issue of some newspaper of general circulation [printed] in the county. [for one issue.]


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ê1959 Statutes of Nevada, Page 159 (Chapter 140, AB 109)ê

 

      (b) The notice shall:

             (1) Specify the nature and amount of the lien.

             (2) Specify that it is the intention of the lienholder to foreclose the same by sale.

            (3) Specify a description of the animal or animals.

             (4) Specify the name and last-known address of the owner or purported owner of the animal or animals.

             (5) State that unless the amount of the lien be paid on or before a specified date, which date shall be not less than 10 nor more than 15 days after the date of the publication of the notice, the animal or animals, or so many thereof as may be necessary, will be sold at public auction at the place and on the day and hour specified in the notice.

             (6) Be signed and dated by the lienholder.

      A true copy of such demand and notice shall be mailed [in like manner] by registered letter and at the [same] time of publication to the last-known address of the holder of every lien appearing of record in the county.

      [3.]2.  The sale provided for in this section may be conducted by the person [, firm, company or corporation] furnishing the feed, pasture or board, or by any other person who may be designated by [that person, firm, company or corporation.] the lienholder. Only such number of animals will be sold as may be necessary to discharge the lien and pay the cost of the publication of notice, plus the sum of $5 to be allowed to the person making the sale. No sale shall be made except when the animals to be sold are corralled and have been viewed by the bidders. Any expense incidental to rounding up or bringing the animal or animals to the place of sale shall also be a proper and an additional charge against the owner. The lienholder may be a bidder at the sale. From the proceeds of the sale the lienholder shall satisfy his lien, including the additional charges herein mentioned, delivering over the balance, if any there be, to the [person, persons, firm, company or corporation entitled thereto.] owner. If the owner is out of the state or cannot be found, the balance shall be deposited with the county treasurer of the county in which the sale was conducted.

      3.  If the balance is not called for by such owner within 6 months from the date of sale, the balance shall be paid into the county school district fund or the joint school district fund, if the county school district is included in a joint school district.

      4.  The highest bidder at the sale shall immediately pay the amount bid in cash and shall receive title to the animals sold, subject only to the prior lien hereinabove specified; but before such title vests in the successful bidder there shall be filed with the recorder of the county in which the sale was held a certificate executed by the person conducting the sale, to which must be attached the publisher’s proof of publication of the notice of sale to foreclose the lien hereinabove provided for. The certificate shall specify:

      (a) The name and address of the buyer.

      (b) That [he] the buyer was the highest bidder.

      (c) The amount bid and paid.

      (d) The kind, color, size, weight, brand, if any, and earmarks, if any, of the animal or animals sold.


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ê1959 Statutes of Nevada, Page 160 (Chapter 140, AB 109)ê

 

      5.  No person requesting or consenting to the furnishing of feed, pasture or board [, referred to in subsection 1,] shall be entitled to assert a lien prior to that herein provided for.

      6.  This section is intended [merely] to supplement existing law and the remedy herein provided shall not be exclusive. Nothing in this section shall be construed so as to deprive the lienholder from resorting to any other legal remedy now or hereafter available.

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

 

________

 

 

CHAPTER 141, AB 82

Assembly Bill No. 82–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)

CHAPTER 141

AN ACT to amend NRS section 331.060, relating to employees of the superintendent of the state department of buildings and grounds, by deleting provisions relating to the transfer, dismissal and separation of such employees.

 

[Approved March 11, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 331.060 is hereby amended to read as follows:

      331.060  1.  The superintendent is authorized and directed to employ such clerks, engineers, electricians, painters, mechanics, janitors, gardeners, watchmen and such other persons as may be necessary to carry out the provisions of this chapter.

      2.  The employees shall perform duties as assigned by the superintendent. [, and may be transferred from one branch of employment to another.]

      3.  The superintendent shall be responsible for the fitness and good conduct of all such employees. [, and he may dismiss and separate them at his discretion.]

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

 

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ê1959 Statutes of Nevada, Page 161ê

 

CHAPTER 142, AB 105

Assembly Bill No. 105–Mr. Bailey

CHAPTER 142

AN ACT to amend NRS sections 286.040, 286.070, 286.250, 286.320, 286.420, 286.500 and 286.520, relating to public employees’ retirement definitions, revolving fund, hours of service, military service, deductions and return to employment, by changing definitions; increasing the amount in the public employees’ retirement board revolving fund; changing the amount of service required to allow an employee to become or remain a member of the system; fixing dates during which a member of the Armed Forces may receive credit toward retirement; changing the time when deductions from employees’ salaries may be made; providing for notice of return to employment and forfeiture and suspension of retirement benefits; and by providing other matters properly relating thereto.

 

[Approved March 11, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 286.040 is hereby amended to read as follows:

      286.040  1.  As used in this chapter, “employee” [includes, in addition to employees of the State of Nevada and its political subdivisions, public officers, but not persons employed as independent contractors.] means:

      (a) A public officer of the State of Nevada or its political subdivisions.

      (b) Any person employed by the State of Nevada or its political subdivisions whose compensation is provided by the state or its political subdivisions and who is under the direction or control of officers of the state or political subdivisions thereof.

      2.  “Employee” does not include independent contractors or persons rendering professional services to an employer on a fee, retainer or contract basis.

      3.  The board shall determine who are employees under this definition.

      Sec. 2.  NRS 286.070 is hereby amended to read as follows:

      286.070  1.  As used in this chapter, “public employer” means the state, one of its agencies or one of its political subdivisions, irrigation districts created under the laws of the State of Nevada, and the Las Vegas Valley Water District, created pursuant to chapter 167, Statutes of Nevada 1947, as amended.

      2.  State agencies are those agencies subject to state control and supervision, including those whose employees are governed by chapter 284 of NRS, unless specifically exempted therefrom, and those which deposit funds with the state treasurer.

      Sec. 3.  NRS 286.250 is hereby amended to read as follows:

      286.250  1.  Upon the written request of the board, the state controller is authorized and directed to draw his warrant in favor of the board in the sum of [$75,000,] $125,000, and, upon presentation of the same to the state treasurer, he is authorized and directed to pay the same from the public employees’ retirement fund.

      2.  The sum of [$75,000] $125,000 shall be known as the public employees’ retirement board revolving fund, and shall be used by the board for the purpose of paying retirement and disability allowances and authorized refunds to members of the system and for no other purpose.


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ê1959 Statutes of Nevada, Page 162 (Chapter 142, AB 105)ê

 

board for the purpose of paying retirement and disability allowances and authorized refunds to members of the system and for no other purpose.

      3.  All claims or demands paid by the board from the public employees’ retirement board revolving fund shall, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state, and, when the claims have been approved by the state board of examiners, the state controller shall draw his warrant for the amount of such claim or claims in favor of the public employees’ retirement board revolving fund, to be paid to the order of the board, and the state treasurer shall pay the same.

      4.  The board is directed to deposit the public employees’ retirement board revolving fund in a bank of reputable standing and to secure the deposit by a depository bond satisfactory to the state board of examiners.

      5.  All checks drawn upon the public employees’ retirement board revolving fund shall be signed by two persons designated by the board, and the persons so designated shall furnish such bond as shall be directed by the state board of examiners.

      Sec. 4.  NRS 286.320 is hereby amended to read as follows:

      286.320  [No employee whose position normally requires less than 1,200 hours of service per year may become or remain a member of the system.] 1.  An employee shall be regarded as eligible for membership in the system if his position, on the basis of 1 year of service, would require 1,200 or more hours of service per year. In determining eligibility all positions shall be regarded as continuing for 1 year regardless of anticipated duration, and all incumbents of covered positions shall be eligible regardless of individual tenure.

      2.  Casual or intermittent employment in periods of less than 1 calendar month shall be credited toward retirement on the basis of 1 calendar month for every 21 days of work.

      Sec. 5.  NRS 286.500 is hereby amended to read as follows:

      286.500  1.  Any employee of an employer participating in the system who entered the Armed Forces of the United States after September 15, 1940, and prior to July 1, 1948, or who enters the Armed Forces thereafter and who, within 1 year after being honorably discharged therefrom or within 1 year after release from full-time active duty, returned to the service of a participating public employer either prior to July 1, 1948, or thereafter, shall be entitled, subject to the limitations of this chapter and to the provisions hereinafter set forth, to credit for all his service to the participating public employer prior to July 1, 1948, and to credit for all his service in the Armed Forces after September 15, 1940, as if he had been an employee of a participating public employer throughout his service in the Armed Forces after that date; provided:

      (a) That service in the Armed Forces, to be credited as service to the employer, and service for retirement must have been performed during the period of September 15, 1940, to December 31, 1946, inclusive, and on or after June 27, 1950, to January 31, 1955. [such date as shall be determined by the board as a result of action by the Congress of the United States in limiting benefits available only to veterans of war service.]

 


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ê1959 Statutes of Nevada, Page 163 (Chapter 142, AB 105)ê

 

of the United States in limiting benefits available only to veterans of war service.]

      (b) That service in the Armed Forces in the above-mentioned periods of time shall be credited for retirement only upon the conclusion of 5 years of contributing membership service with a participating public employer or employers following return from the Armed Forces.

      2.  No period of service in the Armed Forces, at any time, shall be regarded as an absence from employment which shall operate to nullify or cancel prior service to participating public employers when the member shall have entered the Armed Forces from employment with a participating public employer and return to employment with a participating public employer within 1 year after discharge or release from full-time active duty.

      Sec. 6.  NRS 286.520 is hereby amended to read as follows:

      286.520  1.  Any person accepting or receiving the benefits of retirement compensation under this chapter shall not be employed in any capacity by the State of Nevada, by a political subdivision of the State of Nevada, or any department, branch or agency thereof, except as provided in subsection 2. Any person accepting or enjoying the benefits of retirement compensation under this chapter who accepts employment or receives any other compensation from the State of Nevada, from a political subdivision of the State of Nevada, or any department, branch or agency thereof for services rendered, except as provided in subsection 2, shall forfeit all the benefits of this chapter so long as he shall retain such employment or receive such compensation. The proper officer shall forthwith strike such person’s name from the retirement compensation roll and refuse to honor any requisitions for retirement compensation made by such person.

      2.  Persons accepting or receiving the benefits of retirement compensation under this chapter may:

      (a) Be employed as members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is noncompensable except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission shall not be regarded as compensation, provided such fees do not normally exceed a total of $300 in a calendar year.

      (b) Return to employment for the State of Nevada or a political subdivision thereof during any 1 calendar year without forfeiture of retirement benefits until they have earned a gross amount of $1,200 [. All employing agencies of the State of Nevada or its political subdivisions shall immediately inform the board of the fact of employing such retired persons] , at which time the benefits of retirement compensation shall be suspended and shall remain suspended for any month during which such person is employed for any period of time by the State of Nevada or its political subdivisions.

      3.  Within 10 days after return to employment such person shall notify the board of the fact of his employment. Failure to notify shall result in the forfeiture of retirement benefits for the period of employment.


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ê1959 Statutes of Nevada, Page 164 (Chapter 142, AB 105)ê

 

      4.  A person is not considered to have returned to employment in any calendar year unless he has been absent from employment by the State of Nevada or a political subdivision thereof for not less than 1 calendar month immediately preceding his return.

      Sec. 7.  NRS 286.420 is hereby amended to read as follows:

      286.420  1.  Deductions shall not be made from the salary of an employee and contributions shall not be paid thereon by the public employer until the conclusion of [30] 60 consecutive days of employment, unless the employee shall elect, at the beginning of the employment period, to make such contributions from the first day of employment.

      2.  That period of employment upon which contributions are not paid shall not be regarded as service toward retirement and the individual shall not be entitled to any benefits under this chapter during such period of noncontribution.

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

 

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CHAPTER 143, AB 300

Assembly Bill No. 300–Messrs. Humphrey (Washoe) and Nevin

CHAPTER 143

AN ACT providing a procedure for participation of the state, counties, cities and public districts with the United States in flood control projects, and in a particular project on the Truckee River; creating the flood control fund; appropriating $250,000 thereto; apportioning costs among the state and political subdivisions; providing for reimbursement of the fund; and providing other matters properly relating thereto.

 

[Approved March 12, 1959]

 

      Whereas, The prevention of loss of life and property, disruption of commerce, interruption of transportation and communication, and waste of water are proper functions of the state, in cooperation with counties, cities and public districts, and in cooperation with the United States, or any of its departments or agencies; and

      Whereas, The Secretary of the Army and the Congress of the United States have approved or may hereafter approve flood control projects within the state of Nevada and the Congress of the United States has appropriated or may hereafter appropriate money for such projects; and

      Whereas, It is necessary, before construction may be started on such flood control projects, that assurances be given to the Secretary of the Army that all lands, easements and rights-of-way, the relocating or altering of any roads, irrigation structures or other utilities, necessary for construction will be provided without cost to the United States; that the United States will be held harmless for any damages resulting from construction, and that the project, when completed, will be maintained in accordance with regulations prescribed by the Secretary of the Army; and

      Whereas, The Secretary of the Army and the Congress of the United States have approved a flood control project on the Truckee River benefiting Lyon, Storey, Ormsby, Churchill, Douglas and Washoe Counties, Nevada; and


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ê1959 Statutes of Nevada, Page 165 (Chapter 143, AB 300)ê

 

      Whereas, The Congress of the United States has appropriated or will appropriate a sum in excess of $700,000 for such project; and

      Whereas, A present emergency exists in that unless the aforesaid assurances are given to the Secretary of the Army and the project is duly commenced within the present fiscal year, the project and appropriations will be lost; now, therefore,

 

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

do enact as follows:

 

      Section1.  The director of the state department of conservation and natural resources is hereby authorized to give all assurances and perform any other acts required by the Secretary of the Army and the Congress of the United States in connection with flood control projects in the State of Nevada, when and as directed by acts of the legislature of the State of Nevada.

      Sec. 2.  There is hereby appropriated from the general fund in the state treasury to the flood control revolving fund, which is hereby created, the sum of $250,000. The moneys in the flood control revolving fund shall not revert to the general fund at the end of any fiscal year.

      Sec. 3.  The director of the state department of conservation and natural resources shall use the moneys in such fund to pay all necessary costs in order to carry out the assurances and to perform the acts provided for in section 1 of this act. Reimbursements to such revolving fund shall be in the manner described in section 4.

      Sec. 4.  1.  The director of the state department of conservation and natural resources shall determine which counties, cities and public districts benefit by such project, and whether the state is benefited by such project, and to what extent there is such benefit to the aforesaid subdivisions, and reimbursement to such fund shall be made in proportion to the benefit received.

      2.  In event any portion of the flood control revolving fund shall be used for maintenance of any such flood control projects, the flood control revolving fund shall be fully reimbursed for cost of such maintenance by the state, counties, cities and public districts benefited by such project.

      3.  The director shall determine the period for repayment of the initial nonfederal charges as provided for under subsection 1 of this section, which period shall not be more than 5 years after completion of the project for which funds have been authorized.

      4.  The director of the state department of conservation and natural resources, after having determined the benefits as set forth in subsection 1 of this section shall, between the 1st Monday of October and the 1st Monday of December, of each year, prepare a budget showing the amount of money estimated to be necessary to repay the initial capital outlay, which initial capital outlay is to be assessed in equal annual installments, and any estimated maintenance cost for the then current year, and submit the budget to the board of county commissioners. When the flood control project lies in more than one county, separate budgets shall be prepared for each county.

      Sec. 5.  1.  Upon receipt of such budget by the board of county commissioners, the board of county commissioners shall certify the respective charges contained therein to the county assessor. The county assessor shall enter the amount of such charge or charges on the assessment roll against the beneficiaries.


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ê1959 Statutes of Nevada, Page 166 (Chapter 143, AB 300)ê

 

assessor shall enter the amount of such charge or charges on the assessment roll against the beneficiaries.

      2.  The proper officers of the county shall collect such special tax as other special taxes are levied and collected, and such charge shall be a lien upon the property so served, and shall be collected in the same manner as other taxes are collected.

      Sec. 6.  1.  The taxes and charges provided for in section 5, when collected, shall be deposited with the state treasurer, in the same manner as other special taxes, in a fund in the state treasury which is hereby created and known as the flood control revolving fund.

      2.  All bills against this fund shall be certified by the director and, when certified and approved by the state board of examiners, the state controller is authorized to draw his warrant therefor against such flood control fund.

      Sec. 7.  The director of the state department of conservation and natural resources is hereby authorized and directed to give all assurances and to perform any other act required by the Flood Control Act of 1954, Public Law 780, approved September 3, 1954, 83rd Congress, 2d Session, 68 Stat. 1256, in connection with the flood control project on the Truckee River, Nevada.

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

 

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CHAPTER 144, AB 5

Assembly Bill No. 5–Misses Frazier, Herr, Messrs. Gibson, Bunker, Dieleman, Christensen (Clark), Ryan and Leavitt

CHAPTER 144

AN ACT to amend NRS section 218.060, relating to Clark County assembly districts and the election of Clark County assemblymen, by providing that Clark County assemblymen shall be elected at large from within the assembly district wherein they reside; and providing other matters properly relating thereto.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 218.060 is hereby amended to read as follows:

      218.060  1.  Clark County is divided into four assembly districts as follows:

      [1.](a) All that portion of Clark County comprising the election precincts of Nelson township and Searchlight township as established by the board of county commissioners of Clark County shall be known as assembly district No. 1, with one assemblyman to be elected at large [.] therein.

      [2.](b) All that portion of Clark County comprising the election precincts of Bunkerville township, of Logandale township, of Mesquite township, of Moapa township and of Overton township as established by the board of county commissioners of Clark County shall be known as assembly district No. 3, with one assemblyman to be elected at large [.] therein.


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ê1959 Statutes of Nevada, Page 167 (Chapter 144, AB 5)ê

 

      [3.](c) All that portion of Clark County comprising the election precincts of Henderson township as established by the board of county commissioners of Clark County shall be known as assembly district No. 4, with one assemblyman to be elected at large [.] therein.

      [4.](d) All the remaining portion of Clark County shall be known as assembly district No. 2, with six assemblymen to be elected at large [.] therein.

      2.  Assemblymen shall be elected at large from within the district wherein they reside by the qualified electors residing in that district.

 

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CHAPTER 145, AB 84

Assembly Bill No. 84–Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe) and Pozzi (by request of the Legislative Commission)

CHAPTER 145

AN ACT to amend NRS section 353.265, relating to the expenditure of money by the state board of examiners in certain emergencies, by authorizing the state board of examiners to declare an emergency without applying specific standards and in the absence of certain specific circumstances.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 353.265 is hereby amended to read as follows:

      353.265  [1.  Nothing in NRS 353.260 shall be held to apply to:

      (a) The necessary expense or costs of suppressing insurrections, or of defending the State of Nevada, or of assisting in defending the United States in time of war, or in preparing therefor, or for either or any thereof.

      (b) The cost of maintaining or supporting any program initiated by the department of civil defense of the State of Nevada in time of war, declared or undeclared, and whether the same be actual or threatened.

      (c) The necessary expense or costs of repairing injury done to state property by catastrophes, fires, storms or acts of God, or in preventing or preparing to prevent great and imminent danger thereof, and for which there is no sufficient appropriation.

      (d) The necessary expense incurred in suppressing forest and range fires by the state forester firewarden on lands under his jurisdiction as specified by law, and for which there is no sufficient appropriation.

      2.  When] Notwithstanding the provisions of NRS 353.260, when the state board of examiners finds, after diligent inquiry and examination, that great necessity and extreme emergency exist for the expenditure of unappropriated money out of the state treasury [on account of either or any of such events enumerated in subsection 1,] the state board of examiners may [then, and only then,] declare the existence of such an emergency and great and immediate necessity for the expenditure of not to exceed $50,000, and set aside or allocate the same out of any unappropriated money in the general fund in the state treasury and pay for [such] necessary expenses or costs, claims for which shall be prepared, presented and paid in the manner provided generally for the payment of claims against the state.


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ê1959 Statutes of Nevada, Page 168 (Chapter 145, AB 84)ê

 

the state treasury and pay for [such] necessary expenses or costs, claims for which shall be prepared, presented and paid in the manner provided generally for the payment of claims against the state.

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

 

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CHAPTER 146, AB 130

Assembly Bill No. 130–Messrs. Jepson and Christensen (Washoe)

CHAPTER 146

AN ACT to amend chapter 616 of NRS, relating to industrial insurance, by creating a new provision relating to industrial insurance coverage for members of state departments, boards, commissions, agencies and bureaus, who serve without compensation; by providing the method for payment of premiums under such circumstances; and by providing other matters properly relating thereto.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Members of state departments, boards, commissions, agencies or bureaus appointed by the governor, the legislature or other statutory authority who serve without compensation, while engaged in their designated duty as such members, shall be deemed, for the purpose of this chapter, employees receiving a wage of $250 per month, and, in the event of injury while performing their designated duty, shall be entitled to the benefits of this chapter.

      2.  Notwithstanding the provisions of NRS 616.405, state departments, boards, commissions, agencies or bureaus, the members of which are appointed by the governor, the legislature or other statutory authority and who serve without compensation, shall not comply with the provisions of NRS 616.405. Annually between January 1 and January 15 such state departments, boards, commissions, agencies or bureaus shall report to the legislative auditor the facts required by NRS 616.405 for the preceding calendar year. The legislative auditor shall prepare a statement of the amount of premiums due to the commission, which amount of premiums due shall be provided by direct legislative appropriation from the general fund to the commission.

 

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ê1959 Statutes of Nevada, Page 169ê

 

CHAPTER 147, AB 170

Assembly Bill No. 170–Miss Herr

CHAPTER 147

AN ACT to amend chapter 426 of NRS, relating to benefits and privileges for blind persons, by creating new provisions relating to establishment and operation of vending stands on public property by blind persons; and to amend NRS section 331.100 relating to powers and duties of the superintendent of the state department of buildings and grounds with respect to vending machines.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  Chapter 426 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 12, inclusive, unless the context otherwise requires:

      1.  “Blind person” means any person who by reason of loss of eyesight is unable to provide himself with the necessities of life, and who has not sufficient income of his own to maintain himself, and includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.

      2.  “Bureau” means the state bureau of services to the blind.

      3.  “Department” means the state welfare department.

      4.  “Director” means the state welfare director.

      5.  “Operator” means the individual blind person responsible for the day-to-day conduct of the vending stand operation.

      6.  “Public building” or “property” means any building, land or other real property, owned, leased or occupied by any department or agency of the State of Nevada or any of its political subdivisions except public elementary and secondary schools and the University of Nevada.

      7.  “Vending stand” means:

      (a) Such shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles as may be approved by the state welfare department and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;

      (b) Manual or coin-operated vending machines or similar devices for vending such articles; or

      (c) Cafeteria or snack bar facilities for the dispensing of foodstuffs and beverages.

      Sec. 3.  For the purposes of providing blind persons with remunerative employment, enlarging the economic opportunities of blind persons and stimulating blind persons to greater efforts to make themselves self-supporting with independent livelihoods, blind persons licensed under the provisions of sections 2 to 12, inclusive, by the department shall operate vending stands in or on any public buildings or properties where, in the discretion of the head of the department or agency in charge of the maintenance of such buildings or properties, such vending stands may properly and satisfactorily operate.


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ê1959 Statutes of Nevada, Page 170 (Chapter 147, AB 170)ê

 

in charge of the maintenance of such buildings or properties, such vending stands may properly and satisfactorily operate.

      Sec. 4.  Each head of the department or agency in charge of the maintenance of public buildings or properties shall:

      1.  Not later than July 1, 1959, notify the department in writing of any and all existing locations where vending stands are in operation or where vending stands might properly and satisfactorily be operated.

      2.  Not less than 30 days prior to the reactivation, leasing, re-leasing, licensing or issuance of permit for operation of any vending stand, inform the department of such contemplated action.

      3.  Inform the department of any locations where such vending stands are planned or might properly and satisfactorily be operated in or about other public buildings or properties as may now or thereafter come under the jurisdiction of the department or agency for maintenance, such information to be given not less than 30 days prior to leasing, re-leasing, licensing or issuance of permit for operation of any vending stand in such public building or on such property.

      Sec. 5.  To effectuate further the purposes of sections 2 to 12, inclusive, when new construction, remodeling, leasing, acquisition or improvement of public buildings or properties is authorized, consideration shall be given to planning and making available suitable space and facilities for vending stands to be operated by blind persons.

      Sec. 6.  The department, through its bureau of services to the blind, shall:

      1.  Make surveys of public buildings or properties to determine their suitability as locations for vending stands to be operated by blind persons and advise the heads of departments or agencies charged with the maintenance of such buildings or properties as to their findings.

      2.  With the consent of the head of the department or agency charged with the maintenance of the buildings or properties, establish vending stands in those locations which the department has determined to be suitable, and may enter into leases or licensing agreements therefor.

      3.  Select, train, license and install qualified blind persons as managers of such vending stands.

      4.  When the department deems such action appropriate, impose and collect license fees for the privilege of operating such vending stands.

      5.  Establish and effectuate such rules and regulations as it may from time to time deem necessary to assure the proper and satisfactory operation of such vending stands.

      Sec. 7.  1.  If, after a vending stand survey as authorized by section 6, the head of a department or agency in charge of the maintenance of any public building or property rejects or does not act upon a written recommendation of the bureau that a vending stand be established or operated for the employment of blind persons, the matter shall be referred to the state welfare director for review.

      2.  After reviewing the recommendation of the bureau, the director may refer the matter to the head of the department or agency concerned for further review and disposition.


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ê1959 Statutes of Nevada, Page 171 (Chapter 147, AB 170)ê

 

      3.  If the director is not satisfied with the decision of the head of the department or agency concerned, the director may refer the matter for final decision and disposition to:

      (a) The governor, in the case of state buildings or properties.

      (b) The board of county commissioners, in the case of county buildings or properties.

      (c) The city council or other governing board of the municipality in the case of municipal buildings or properties.

      (d) The governing board of the political subdivision in the case of buildings or properties of other political subdivisions of this state.

      Sec. 8.  Vending stands operated under the provisions of sections 2 to 12, inclusive, shall be used solely for the vending of such commodities and articles as may be approved by the department and by the head of the department or agency in charge of the maintenance of the building or property in or on which such stand is operated.

      Sec. 9.  The operator of each vending stand operated under the provisions of sections 2 to 12, inclusive, shall be subject to the provisions of any and all laws and ordinances applying within the territory within which such stand is located, including those requiring a license or permit for the conduct of such business or any particular aspect thereof.

      Sec. 10.  The bureau may, in its discretion, utilize appropriate nonprofit corporations organized under the laws of this state, or other agencies, as trustees to provided day-to-day management and operation services for the vending stand program for the blind. Such corporations or agencies shall be reimbursed for their actual and necessary expenses by the operators of the vending stand units which compose the vending stand program for the blind in accordance with such rules and regulations as may be adopted by the bureau and approved by the department.

      Sec. 11.  1.  Persons operating vending stands in public buildings or on public properties as defined in section 2 prior to the effective date of this act shall not be affected by the provisions of sections 2 to 12, inclusive, except and only insofar as provided by subsection 2 of section 4.

      2.  Any blind person who is presently operating a vending stand in or on public buildings or properties who desires to avail himself of the advantages of the program authorized by sections 2 to 12, inclusive, shall have the right to do so; and, in such instance, the department may negotiate and consummate arrangements for the purchase of such vending stand equipment as it may deem necessary for the satisfactory operation of the vending stand.

      Sec. 12.  Costs of administration of sections 2 to 12, inclusive, shall be paid out on claims presented by the department in the same manner as other claims against the state are paid.

      Sec. 13.  NRS 331.100 is hereby amended to read as follows:

      331.100  The superintendent shall have the following specific powers and duties:

      1.  To keep all buildings, rooms, basements, floors, windows, furniture and appurtenances clean, orderly and presentable as befitting public property, and in such condition as to reduce fire hazards to a minimum.


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ê1959 Statutes of Nevada, Page 172 (Chapter 147, AB 170)ê

 

public property, and in such condition as to reduce fire hazards to a minimum.

      2.  To keep all yards and grounds clean and presentable, with proper attention to landscaping and horticulture.

      3.  To make arrangements for the installation and maintenance of water sprinkler systems, fire extinguishers, fire hoses and fire hydrants, and to take other fire prevention and suppression measures, necessary and feasible, that may reduce the fire hazards in all buildings under his control.

      4.  To make arrangements and provision for the maintenance of the state’s water system supplying the state-owned buildings at Carson City, with particular emphasis upon the care and maintenance of water reservoirs, in order that a proper and adequate supply of water be available to meet any emergency.

      5.  To make arrangements for the installation and maintenance of water meters designed to accurately measure the quantity of water obtained from sources not owned by the state.

      6.  To make arrangements for the installation and maintenance of a lawn sprinkling system on the grounds adjoining the Capitol Building at Carson City, or on any other state-owned grounds where such installation is practical or necessary.

      7.  To make arrangements for the installation of a central telephone switchboard or switchboards to serve the state offices, in one or more buildings as may be practical or feasible.

      8.  To investigate the feasibility, and economics resultant therefrom, if any, of the installation of a central power meter, to measure electrical energy used by the state buildings in the vicinity of and including the Capitol Building at Carson City, assuming the buildings were served with power as one unit.

      9.  To purchase, use and maintain such supplies and equipment as are necessary for the care, maintenance and preservation of the buildings and grounds under his supervision and control.

      10.  [To] Subject to the provisions of chapter 426 of NRS relative to the operation of vending stands in or on public buildings and properties by blind persons, to install or remove vending machines and vending stands in the buildings under his supervision and control, and to have control of and be responsible for their operation.

      Sec. 14.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1959 Statutes of Nevada, Page 173ê

 

CHAPTER 148, AB 208

Assembly Bill No. 208–Nye County Delegation

CHAPTER 148

AN ACT to amend an act entitled “An Act incorporating the city of Gabbs, in Nye County, Nevada, and defining the boundaries thereof; authorizing the establishment of a city government therefor; and other matters properly relating thereto,” approved March 29, 1955, as amended.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  Section 62 of the above-entitled act, being chapter 381, Statutes of Nevada 1955, at page 692, is hereby amended to read as follows:

      Section 62.  Any Cost Over [10] 100 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 the 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 [10] 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 [10] 100 percent which otherwise would be chargeable upon the 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 assessments shall be included as a part of such assessment.

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

 

________

 

 

CHAPTER 149, AB 210

Assembly Bill No. 210–Committee on Ways and Means

CHAPTER 149

AN ACT providing an additional and supplemental appropriation for the general support of the Nevada state hospital for the biennium ending June 30, 1959.

 

[Approved March 13, 1959]

 

      Whereas, By section 49 of chapter 391, Statutes of Nevada 1957, there was appropriated for the general support of the Nevada state hospital the sum of $1,533,854; and

      Whereas, Due to unanticipated expenditures for major repairs of boilers in the central heating plant of the Nevada state hospital and increases in the cost of supplies and services plus an unprecedented increase in the number of annual admissions and hospital population, there will be a deficiency for the fiscal year ending June 30, 1959; now, therefore,

 

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

do enact as follows:

 

      Section1.  For the biennium ending June 30, 1959, there is hereby appropriated from the general fund in the state treasury the sum of $55,000 for the general support of the Nevada state hospital as an additional and supplemental appropriation to that allowed by section 49 of chapter 391, Statutes of Nevada 1957.


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

ê1959 Statutes of Nevada, Page 174 (Chapter 149, AB 210)ê

 

additional and supplemental appropriation to that allowed by section 49 of chapter 391, Statutes of Nevada 1957.

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

 

________

 

 

CHAPTER 150, AB 262

Assembly Bill No. 262–Mr. Bissett

CHAPTER 150

AN ACT to amend NRS sections 674.150, 674.170 and 674.360, relating to small loan license fees, disposition of fees and charges, and enforcement of out-of-state loans, by increasing the annual license fee, providing for payment into the general fund of fees and charges, and by increasing the amount of loans unenforcible in this state.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 674.150 is hereby amended to read as follows:

      674.150  On or before December 10 of each year, each licensee shall pay to the commissioner the sum of [$100] $200 for each license held by him as a license fee for the succeeding calendar year.

      Sec. 2.  NRS 674.170 is hereby amended to read as follows:

      674.170  [1.  Subject to the provisions of subsection 2, all fees and charges collected under the provisions of this chapter shall be apportioned to a fund to be known as the Nevada small loan act fund and shall be used by the commissioner for the purpose of carrying out the provisions of this chapter.

      2.  At the close of any fiscal year whenever the moneys in the Nevada small loan act fund shall exceed the sum of $2,500, the excess over $2,500 shall be transferred to the general fund of the state.] All fees and charges collected under the provisions of this chapter shall be paid into the general fund of the state treasury, and the state treasurer is hereby required to issue his receipt therefor.

      Sec. 3.  NRS 674.360 is hereby amended to read as follows:

      674.360  No loan made outside this state in the amount or of the value of [$300] $1,500 or less for which a greater rate of interest, consideration or charges than is permitted by NRS 674.320 and 674.330 has been charged, contracted for or received shall be enforced in this state, and every person in anywise participating therein in this state shall be subject to the provisions of this chapter; but the foregoing shall not apply to loans legally made in any state under and in accordance with a regulatory small loan law similar in principle to this chapter.

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

 

________

 

 


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

ê1959 Statutes of Nevada, Page 175ê

 

CHAPTER 151, AB 269

Assembly Bill No. 269–Messrs. Berrum and Young

CHAPTER 151

AN ACT to repeal chapter 572 of NRS relating to livestock transportation, permits and inspection.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  Chapter 572 of NRS is hereby repealed.

 

________

 

 

CHAPTER 152, AB 272

Assembly Bill No. 272–Messrs. Berrum and Young

CHAPTER 152

AN ACT to amend NRS sections 564.020 and 564.050, relating to brands and marks and the recording of brands and marks, by prohibiting certain earmarks on the ears of horses, mules, asses, cattle and hogs.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 564.020 is hereby amended to read as follows:

      564.020  1.  Every owner of horses, mules, asses, cattle or hogs in this state may design and adopt a brand or brands, or brand and mark, or brands and marks, with which to brand or brand and mark his horses, mules, asses, cattle or hogs.

      2.  It shall be unlawful for any owner of such animals to brand or brand and mark, or cause to be branded or branded and marked, his horses, mules, asses, cattle or hogs with a brand or brand and mark not at the time of legal record as provided in NRS 564.010 to 564.050, inclusive.

      3.  It shall be unlawful for any owner of such animals to use an earmark which involves the removal of more than one-half of the ear, measuring from the extreme tip of the ear to the head, or which brings the ear to a point by removing both edges of the ear.

      Sec. 2.  NRS 564.050 is hereby amended to read as follows:

      564.050  1.  After February 19, 1923, but one brand shall be awarded or recorded for each owner of horses, mules, asses, cattle or hogs; but the owner or owners of separate and distinct livestock units may, under the terms of NRS 564.010 to 564.150, inclusive, and within the discretion of the board, record one brand for use in connection with and for each such distinct and separate livestock unit.

      2.  No brand shall be recorded or used after February 19, 1923, which is identical with or, in the opinion of the board, so similar to any brand previously recorded and remaining of legal record, or any abandoned brand which has not been abandoned for 1 year, as provided in NRS 564.120, as to be liable to cause confusion as to the identity or ownership of horses, mules, asses, cattle or hogs, or which can be readily used to obliterate or alter any legally recorded brand already in use in the same area in this state.


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

ê1959 Statutes of Nevada, Page 176 (Chapter 152, AB 272)ê

 

identity or ownership of horses, mules, asses, cattle or hogs, or which can be readily used to obliterate or alter any legally recorded brand already in use in the same area in this state.

      3.  Nothing in this section shall apply to the rerecording of any brand or brands legally recorded on February 19, 1923, and remaining of legal record in this state under the provisions of NRS 564.010 to 564.150, inclusive, insofar as the legal owners of such brand or brands on February 19, 1923, are concerned, or to brands legally transferred as provided for in NRS 564.110.

      4.  After July 1, 1959, no earmark shall be recorded which violates the provisions of subsection 3 of NRS 564.020.

 

________

 

 

CHAPTER 153, AB 278

Assembly Bill No. 278–Committee on State Libraries

CHAPTER 153

AN ACT to amend NRS section 378.080, relating to the powers and duties of the state librarian, by allowing the state librarian to render financial assistance to free public libraries within the state, and technical assistance to any library seeking same.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 378.080 is hereby amended to read as follows:

      378.080  1.  The state librarian shall serve as the executive officer of the state library, and shall administer all its activities and services.

      2.  He shall have the following powers and duties:

      (a) To administer the state library, including the law and government library and the public and other departments, in accordance with law and good library practice.

      (b) To select and purchase books, periodicals, pamphlets, films and other library materials, supplies, equipment and services.

      (c) To purchase and exchange the Nevada Revised Statutes and supplements, or any other compilation or code of Nevada laws which may be thereafter published, with each of the state libraries of the United States in return for their legal compilations.

      (d) To withdraw from the library collection and dispose of any items no longer needed.

      (e) To borrow books from, lend books to, and exchange books with other libraries.

      (f) To enter into agreements with other libraries in the state for the improvement of library service.

      (g) To make and enforce rules and regulations necessary for the administration, government and protection of the state library and all property belonging thereto.

      (h) To render, in his discretion, financial assistance to regional, county, city or town free public libraries.

      (i) To render, in his discretion, technical assistance to any library seeking such assistance.

 

________

 

 


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

ê1959 Statutes of Nevada, Page 177ê

 

CHAPTER 154, AB 281

Assembly Bill No. 281–Messrs. Berrum and Young

CHAPTER 154

AN ACT appropriating the sum of $2,000 from the stock inspection fund in the state treasury for deposit in the state board of stock commissioners revolving fund.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  There is hereby appropriated form the stock inspection fund in the state treasury the sum of $2,000 for deposit in the state board of stock commissioners revolving fund. The state controller shall issue his warrant upon the stock inspection fund, and the state treasurer shall pay the same out of the money credited to the fund. Such disbursement shall be made to the state board of stock commissioners for deposit in the state board of stock commissioners revolving fund pursuant to the provisions of NRS 561.320.

 

________

 

 

CHAPTER 155, AB 287

Assembly Bill No. 287–Nye County Delegation

CHAPTER 155

AN ACT to amend an act entitled “An Act fixing the compensation of certain officers in Nye county, and other matters properly relating thereto; and repealing certain acts and parts of acts,” approved February 26, 1953, as amended.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  Section 1 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, as amended by chapter 99, Statutes of Nevada 1955, at page 141, is hereby amended to read as follows:

      Section 1.  The sheriff of Nye County shall receive an annual salary of [$4,800,] $5,400, payable in equal monthly installments, in full compensation for his services to Nye County as sheriff and all official and ex-officio duties of any kind whatsoever, and shall have one undersheriff, to be selected by him, and such other deputies, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct. The undersheriff shall receive a salary not to exceed [$300] $350 per month, and the deputies shall receive salaries not to exceed [$300] $350 per month. The sheriff shall be allowed all his actual traveling expenses to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners; provided, however, that the sheriff shall collect for all services in his office, and pay over monthly into the county treasury such fees as are provided for in [an act of the legislature of the State of Nevada entitled “An Act to regulate fees and compensation for official and other services in the State of Nevada and to repeal all other acts in relation thereto,” approved February 27, 1883;] NRS 248.290; provided, that in lieu of the mileage provided in [said act] NRS 248.290 the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputies in the service of any summons and complaints, or other process issuing out of the district court; provided further, that where there is a deputy or other officer so located as to perform such service, without the sheriff or his deputy actually incurring any traveling expenses, no mileage shall be charged.


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

ê1959 Statutes of Nevada, Page 178 (Chapter 155, AB 287)ê

 

act of the legislature of the State of Nevada entitled “An Act to regulate fees and compensation for official and other services in the State of Nevada and to repeal all other acts in relation thereto,” approved February 27, 1883;] NRS 248.290; provided, that in lieu of the mileage provided in [said act] NRS 248.290 the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputies in the service of any summons and complaints, or other process issuing out of the district court; provided further, that where there is a deputy or other officer so located as to perform such service, without the sheriff or his deputy actually incurring any traveling expenses, no mileage shall be charged.

      Sec. 2.  Section 2 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, as amended by chapter 99, Statutes of Nevada 1955, at page 141, is hereby amended to read as follows:

      Section 2.  The county clerk and treasurer of Nye County shall receive an annual salary of [$4,800,] $5,400, payable in equal monthly installments, as full compensation for his services to Nye County as such officer or in any ex officio capacity of any kind whatsoever, and shall be allowed [one deputy,] such deputies, to be named by him, to be paid a salary not to exceed [$300] $350 per month, and such other [deputies,] typists or stenographers, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, not to exceed [$275] $325 per month. The county clerk and treasurer shall be allowed all his actual traveling expenses, or that of his [deputy,] deputies, to consist of actual costs 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.

      The county clerk and treasurer shall collect in advance and pay over monthly into the county treasury, such fees and compensation as are now provided by law for services in this office.

      Sec. 3.  Section 3 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, as amended by chapter 99, Statutes of Nevada 1955, at page 142, is hereby amended to read as follows:

      Section 3.  The county recorder and auditor of Nye County shall receive an annual salary of [$4,800] $5,400, payable in equal monthly installments, in full compensation for all his services to the county as such officer, and shall have one deputy to be selected by him, and to be paid a salary not to exceed [$300] $350 per month, and such other deputies, typists or stenographers, to be selected by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, at a salary not to exceed [$275] $325 per month. The county recorder and auditor shall be allowed all of his actual traveling expenses, to consist of actual costs 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. The county recorder and auditor shall collect in advance and pay over monthly into the county treasury, such fees and compensation as are provided by law for services in his office.


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

ê1959 Statutes of Nevada, Page 179 (Chapter 155, AB 287)ê

 

fees and compensation as are provided by law for services in his office.

      Sec.4.  Section 4 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, as amended by chapter 99, Statutes of Nevada 1955, at page 142, is hereby amended to read as follows:

      Section 4.  The district attorney of Nye County shall receive an annual salary of [$4,800,] $5,400, payable in equal monthly installments, for all his services as such officer. He may have such deputy or deputies, typists or stenographers, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, at a salary not to exceed [$275] $350 per month. He shall be allowed all his actual traveling expenses, to consist of actual costs 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. The district attorney shall receive no fees or compensation other than as herein provided for the performance of his official duties.

      Sec.5.  Section 5 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, as amended by chapter 99, Statutes of Nevada 1955, at page 142, is hereby amended to read as follows:

      Section 5.  The county assessor of Nye County shall be paid in an annual salary of [$4,800,] $5,400, payable in equal monthly installments, for all his services as such officer. He may have such deputy or deputies, typists or stenographers, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, at a salary not to exceed [$300] $350 per month. The county assessor shall be allowed his travel expenses in the same manner as are other county officers.

      Sec.6.  Section 6 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, at page 24, is hereby amended to read as follows:

      Section 6.  The members of the board of county commissioners of Nye County shall each receive for their services as county commissioners [$100] $125 per month, and [$25] $50 per month each as compensation for their services on the board of county commissioners while acting as a governing board for the [town] towns of Tonopah [.] , Round Mountain and Manhattan.

      Sec. 7.  This act shall become effective on the 1st day of the 1st month following its passage and approval.

 

________

 

 


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

ê1959 Statutes of Nevada, Page 180ê

 

CHAPTER 156, AB 309

Assembly Bill No. 309–Committee on Livestock

CHAPTER 156

AN ACT to amend NRS section 562.170 relating to the levy and collection of taxes on sheep and goats for the benefit of the sheep inspection fund by increasing the limit of the tax rate; to amend NRS section 562.210, relating to expenditures from the sheep inspection fund for the promotion, protection of sheep interests by associations, organizations, by increasing the limit of authorized expenditures from the sheep inspection fund by the state board of sheep commissioners.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 562.170 is hereby amended to read as follows:

      562.170  1.  The boards of county commissioners of the several counties, at the time of their annual levy of taxes, must levy the rate of tax fixed by the board, as provided for in NRS 562.160, not to exceed [7] 11 mills on $1, on all sheep and goats assessed in their respective counties, according to the assessed valuation of the same.

      2.  The tax shall be collected as other taxes are collected and paid in full to the state treasurer, who shall keep the same in a separate fund to be known as the sheep inspection fund. The sheep inspection fund shall be made available and disbursed by the proper state officials upon request of the board for the purposes provided for in this chapter.

      Sec. 2.  NRS 562.210 is hereby amended to read as follows:

      562.210  1.  The board shall have power to do all things it may consider necessary to encourage, promote, advance and protect the sheep interests of the state, and may, directly or indirectly, by expenditure, or by payment or otherwise to any association formed for any such purposes or objects, pay annually, out of the sheep inspection fund, for any enumerated purposes, not to exceed an amount equivalent to a levy of [2.5] 4 mills on $1 of the total tax valuation for the preceding year on sheep under its jurisdiction.

      2.  The board shall be the sole and exclusive judges of the expenditures of all sums directly or by the payment to any association, club or other organization as herein provided.

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

 

________

 

 

CHAPTER 157, AB 323

Assembly Bill No. 323–Committee on Ways and Means

CHAPTER 157

AN ACT providing an additional and supplemental appropriation for the support of the state board of examiners for the biennium ending June 30, 1959.

 

[Approved March 13, 1959]

 

      Whereas, By the provisions of section 56 of chapter 391, Statutes of Nevada 1957, there was appropriated the sum of $7,930 for the support of the state board of examiners for the biennium commencing July 1, 1957, and ending June 30, 1959; and


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

ê1959 Statutes of Nevada, Page 181 (Chapter 157, AB 323)ê

 

      Whereas, There is an immediate need for the employment of a part-time clerk typist to prepare lists of claims for the state board of examiners and appropriated funds are insufficient therefor; now, therefore,

 

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

do enact as follows:

 

      Section1.  For the biennium ending June 30, 1959, there is hereby appropriated from the general fund in the state treasury the sum of $550 for the support of the state board of examiners as an additional and supplemental appropriation to that allowed and made by section 56 of chapter 391, Statutes of Nevada 1957.

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

 

________

 

 

CHAPTER 158, SB 37

Senate Bill No. 37–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 158

AN ACT to amend NRS section 423.150, relating to the age limitation on the admission of children to the Nevada state children’s home, by changing the maximum age limitation from 14 years of age to 16 years of age in the case of male whole orphans, and to 18 years of age in the case of female whole orphans.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 423.150 is hereby amended to read as follows:

      423.150  1.  Upon complying with the provisions of this chapter, all male whole orphans under [14] 16 years of age and all female whole orphans under 18 years of age may be admitted to the Nevada state children’s home.

      2.  For the purposes of this chapter, a whole orphan is a child both of whose parents are deceased.

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

 

________

 

 


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

ê1959 Statutes of Nevada, Page 182ê

 

CHAPTER 159, SB 42

Senate Bill No. 42–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 159

AN ACT to amend NRS section 292.100, relating to the loss of residency of an elector upon removal from the county or precinct, by correcting a grammatical error.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 292.100 is hereby amended to read as follows:

      292.100  A person removing from one county within the state, within 30 days prior to any election, to another county, or from one precinct to another precinct of the same county, within 10 days prior to any election, shall not [be deemed to have lost his residence] lose his residency in the county or precinct removed from if he was an elector in [each] such county or precinct on the date of removal therefrom.

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

 

________

 

 

CHAPTER 160, SB 43

Senate Bill No. 43–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 160

AN ACT to amend NRS section 296.090, relating to vacancies on election boards, by correcting a grammatical error; to repeal NRS sections 296.555 to 296.570, inclusive, relating to actions against persons unlawfully holding public office.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 296.090 is hereby amended to read as follows:

      296.090  1.  If any person appointed as an inspector or clerk of election is not willing to serve, he shall notify the county clerk within 5 days after receipt of the notice of his appointment, returning the copy of the election laws sent to him. Failure to notify the county clerk of his unwillingness to serve as an inspector or clerk of election shall subject the person appointed to a penalty of not less than $10 nor more than $100, to be sued for and recovered by the board of county commissioners for the use of the county before any justice of the peace of [any] the county.

      2.  Upon receipt by the county clerk of the notice of a person’s unwillingness to serve as an inspector or clerk of election, the county clerk immediately shall appoint some suitable person to fill the vacancy and to serve at the election.

      3.  If any inspector or clerk of election is unable to serve on the day of election because of an accident, sickness or other disability, the inspector or inspectors present on the morning of the election may appoint some suitable person to fill the vacancy.


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

ê1959 Statutes of Nevada, Page 183 (Chapter 160, SB 43)ê

 

inspector or inspectors present on the morning of the election may appoint some suitable person to fill the vacancy.

      Sec. 2.  NRS 296.555 to 296.570, inclusive, are hereby repealed.

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

 

________

 

 

CHAPTER 161, SB 44

Senate Bill No. 44–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 161

AN ACT to amend NRS section 325.100, relating to the expenses of a survey of a townsite located on public lands, by providing that claimants shall pay the costs of the survey.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 325.100 is hereby amended to read as follows:

      325.100  In all cases where it shall become necessary, in the opinion of the citizens of the town, to make a survey of any townsite for the purpose of identifying or locating the lots, blocks, squares, streets or alleys contained within the limits of the townsite, [a fee of ............... cents for each lot] the costs of the survey shall be paid to the trustees to defray the expenses of the survey. The [fee] costs shall be paid by the claimants pro rata.

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

 

________

 

 

CHAPTER 162, SB 47

Senate Bill No. 47–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 162

AN ACT to amend NRS section 635.170, relating to enforcement and prosecution under the law relating to chiropody, by substituting the appropriate district attorney for the attorney general as the prosecutor of persons who violate such law.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 635.170 is hereby amended to read as follows:

      635.170  1.  City police departments and the sheriff of each county shall:

      (a) See that all practitioners of chiropody in this state are legally registered according to the provisions of this chapter.

      (b) Report all violations of this chapter to the [attorney general.] district attorney of the county wherein the violation occurs.

      2.  The [attorney general] district attorney shall promptly prosecute any person violating the provisions of this chapter.

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

 

________

 

 


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

ê1959 Statutes of Nevada, Page 184ê

 

CHAPTER 163, SB 48

Senate Bill No. 48–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 163

AN ACT to amend NRS section 705.440, relating to illegal rates and charges of railroads and the penalties therefor, by deleting unnecessary wording and correcting grammatical errors.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 705.440 is hereby amended to read as follows:

      705.440  Any individual, company or corporation operating any railroad in this state, and every agent of such company or corporation who [shall violate or attempt] violates or attempts to violate, or [suffer or permit] suffers or permits to be done any act, matter or thing in violation of any of the provisions of any statute of this state, which prescribes or regulates the charges which may be made and collected by any individual, company or corporation operating any railroad in this state, for the transportation of either persons or property, and for which no other penalty is provided, shall [be guilty of a misdemeanor, and] upon conviction thereof [shall] be punished by a fine of $2,000.

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

 

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CHAPTER 164, SB 49

Senate Bill No. 49–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 164

AN ACT to amend NRS section 248.160, relating to the liability of a sheriff for money held by him after the demand of the person entitled thereto, by providing that the sheriff shall be liable to such person for interest at the rate of 7 percent per annum on such money.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 248.160 is hereby amended to read as follows:

      248.160  If a sheriff [shall neglect or refuse] neglects or refuses to pay over on demand to the person entitled thereto any money which may come into his hands by virtue of his office, after deducting his legal fees, the amount thereof, with 25 percent damages, and interest at the rate of [10] 7 percent per [month] annum from the time of the demand, may be recovered by such person from him and the sureties on his official bond, on application, upon 5 days’ notice to the court in which the action is brought.

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

 

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ê1959 Statutes of Nevada, Page 185ê

 

CHAPTER 165, SB 51

Senate Bill No. 51–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 165

AN ACT to amend NRS section 517.240, relating to filing, contents and time for recordation of affidavit and notice to a delinquent coowner of a mining claim, by extending the time for recordation of notice and affidavit when the notice is given by publication.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 517.240 is hereby amended to read as follows:

      517.240  Whenever a coowner or coowners of a mining claim give to a delinquent coowner or coowners the notice in writing or notice by publication provided for in 30 U. S. C. § 28, an affidavit of the person giving such notice, stating the time, place, manner of service, and by whom and upon whom service was made, shall be attached to a true copy of such notice, and the notice and affidavit shall be recorded by the mining district recorder or the county recorder, in books kept for that purpose, in the mining district or county in which the mining claim is situated, within 90 days after the giving of the notice. If the notice is given by publication in a newspaper, there shall be attached to a printed copy of the notice an affidavit of the printer or his foreman or principal clerk of such newspaper, stating the date of the first, last and each insertion of the notice therein, and when and where the newspaper was published during that time, and the name of the newspaper. The affidavit and notice shall be recorded within 180 days after the [first] last publication thereof.

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

 

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CHAPTER 166, SB 67

Senate Bill No. 67–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Legislative Commission)

CHAPTER 166

AN ACT to amend NRS sections 628.020 and 628.050, relating to the state board of accountancy, by eliminating the requirement that the board report to the secretary of state and providing that members of the board hold certificates of qualification to practice as certified public accountants, and by correcting a typographical error.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 628.020 is hereby amended to read as follows:

      628.020  1.  There is hereby created a state board of accountancy to consist of three members appointed by the governor. [from the roll of certificates issued and filed in the office of the secretary of state as provided by subsection 7 of NRS 628.050.]


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ê1959 Statutes of Nevada, Page 186 (Chapter 166, SB 67)ê

 

      2.  Each member shall:

      (a) Hold a valid certificate of qualification to practice as a certified public accountant.

      (b) Hold office for 3 years and until the appointment and qualification of his successor.

      [(b)](c) Within 30 days after his appointment, take and subscribe to the oath of office as prescribed by law, and file the [same] oath with the secretary of state.

      3.  Vacancies [occuring] occurring shall be filled by appointment by the governor for the unexpired term.

      Sec. 2.  NRS 628.050 is hereby amended to read as follows:

      628.050  The powers and duties of the board are:

      1.  To formulate rules for the government of the board and for the examination of and granting of certificates of qualification to persons applying therefor.

      2.  To hold written examinations of applicants for certificates, at least semiannually, at such places as circumstances and applications may warrant.

      3.  To grant certificates of qualification to practice as certified public accountants to such applicants as may, upon examination, be found qualified in theory of accounts, practical accounting, auditing and commercial law.

      4.  To charge and collect from all applicants a fee, not exceeding $25, as may be necessary to meet the expenses of examination, issuance of certificates and conducting its office.

      5.  To require the annual renewal of all certificates, and to collect a renewal fee not exceeding $10 therefor.

      6.  To revoke for cause any certificate, after written notice to the holder, and a hearing being had thereon.

      [7.  To report to the secretary of state, on or before December 1, all certificates issued or renewed, together with a detailed statement of receipts and disbursements.]

 

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CHAPTER 167, SB 126

Senate Bill No. 126–Committee on Banks, Banking and Corporations (By request of Insurance Commissioner)

CHAPTER 167

AN ACT to amend chapter 686 of NRS, relating to prohibited insurance practices, by providing for revocation or suspension of Nevada insurance licenses upon proof of unfair practices in another state.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  Chapter 686 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The commissioner may revoke or suspend the license of any person domiciled or resident in Nevada and licensed to engage in the insurance business in Nevada, upon proof that such person, as the result of a hearing before the commissioner, director or superintendent of insurance or insurance department of another state, territory, possession, province, country or district, or in a judicial proceeding in another state, territory, possession, province, country or district, has been found to have violated the insurance laws of that state relating to unfair methods of competition or unfair or deceptive acts or practices in the conduct of the business of insurance, and either has had his license revoked or suspended in that state as a result thereof or has been found guilty of failing to comply with any order, decree or judgment issued pursuant to such hearing or judicial proceeding in that state.


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ê1959 Statutes of Nevada, Page 187 (Chapter 167, SB 126)ê

 

insurance business in Nevada, upon proof that such person, as the result of a hearing before the commissioner, director or superintendent of insurance or insurance department of another state, territory, possession, province, country or district, or in a judicial proceeding in another state, territory, possession, province, country or district, has been found to have violated the insurance laws of that state relating to unfair methods of competition or unfair or deceptive acts or practices in the conduct of the business of insurance, and either has had his license revoked or suspended in that state as a result thereof or has been found guilty of failing to comply with any order, decree or judgment issued pursuant to such hearing or judicial proceeding in that state.

      2.  The commissioner shall not revoke or suspend the license of any person on the grounds stated in subsection 1 until he has afforded the person an opportunity for a hearing following 10 days’ notice of the proposed revocation or suspension stating the grounds therefor.

      3.  “Person” as used in subsections 1 and 2 is defined in the same manner as provided in NRS 686.400.

 

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CHAPTER 168, SB 155

Senate Bill No. 155–Committee on Public Health (by request)

CHAPTER 168

AN ACT to amend NRS section 454.100, relating to the labeling of bottles and containers for certain poisons, by requiring that any antidote therefor be legibly printed on the poison label or otherwise attached to the bottle or container.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 454.100 is hereby amended to read as follows:

      454.100  Wholesale dealers and pharmacists shall affix or cause to be affixed to every bottle, box, parcel or other enclosure of an original package containing any of the articles named in Schedule “A” or the additions thereto a suitable label or brand with the word “poison” thereon. The antidote, if any, for such poison shall be legibly printed on the poison label or brand or otherwise affixed to such bottle, box, parcel or other enclosure.

 

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ê1959 Statutes of Nevada, Page 188ê

 

CHAPTER 169, SB 156

Senate Bill No. 156–Committee on Public Health (by request)

CHAPTER 169

AN ACT to amend NRS section 639.110 relating to the compounding and dispensing of emergency drug prescriptions.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 639.110 is hereby amended to read as follows:

      639.110  1.  Notwithstanding any other provision of this chapter, any [person] general dealer in a rural district to whom a permit has been issued under [this chapter] the provisions of NRS 639.240 may, in an emergency, compound or dispense a prescription of a medical practitioner under the direct supervision of the medical practitioner writing such prescription.

      2.  The medical practitioner writing the prescription shall, at the time of writing such prescription, endorse thereon and sign the following statement: “This prescription may be compounded and dispensed, under my direct supervision, by one not a registered pharmacist,” or words of similar import.

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

 

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CHAPTER 170, SB 187

Senate Bill No. 187–Committee on Public Health (by request)

CHAPTER 170

AN ACT to amend NRS sections 632.290 and 632.430 relating to renewals of licenses of practical nurses and standards, curricula and accreditation of schools of practical nursing; to amend chapter 632 of NRS relating to nursing by creating a new provision relating to the reinstatement of lapsed licenses of practical nurses; and by providing other matters properly relating thereto.

 

[Approved March 13, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 632.290 is hereby amended to read as follows:

      632.290  1.  Every license to practice practical nursing issued pursuant to this chapter shall be valid until March 1, 1952, or, if issued after that date, until March 1 of the next [succeding] succeeding even-numbered year.

      2.  On or before January 20, 1952, and on or before January 20 of each even-numbered year thereafter, the secretary of the board shall mail a form of application for renewal of license to every person holding a valid and subsisting license.

      3.  Each license may be renewed by the holder thereof by submitting to the board the application for renewal in such form as shall be determined by the board. Each application for renewal of license shall be accompanied by a fee of [$2.] $3.

      4.  The board shall issue a renewal license good for a period of 2 years to every qualified applicant therefor who submits a properly completed and executed application for renewal of license together with the fee of [$2.]


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ê1959 Statutes of Nevada, Page 189 (Chapter 170, SB 187)ê

 

years to every qualified applicant therefor who submits a properly completed and executed application for renewal of license together with the fee of [$2.] $3.

      Sec. 2.  NRS 632.430 is hereby amended to read as follows:

      632.430  The board shall have the power to prescribe standards and curricula for schools of practical nursing, to visit, survey [, supervise] and accredit such schools, and to remove such schools from an accredited list for just cause.

      Sec. 3.  Chapter 632 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Any practical nurse licensed under the provisions of this chapter who permits his license to lapse by failing to renew the same as provided in NRS 632.290 may have his license reinstated by the board upon satisfactorily explaining such failure and upon payment of a fee of $5 in addition to the renewal fee as provided in NRS 632.290. The fee shall in no case be refunded.

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

 

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CHAPTER 171, SB 45

Senate Bill No. 45–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 171

AN ACT to amend NRS section 356.200, relating to the depositing of county money in banks by county officers other than county treasurers, by substituting the department of motor vehicles for motor vehicle division of the public service commission of Nevada.

 

[Approved March 14, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 356.200 is hereby amended to read as follows:

      356.200  1.  With unanimous consent of their bondsmen, county officers, other than county treasurers, may deposit county funds received in their respective offices in any bank located at the county seat.

      2.  Whenever the written consent of any bondsman or bondsmen to such deposit has not been obtained, such bondsman or bondsmen shall, upon giving notice as required by law, be released from all responsibility on the bond of such officer.

      3.  Such accounts shall be kept in the name of the county in such manner as the board of county commissioners may prescribe.

      4.  The balances in such banks, as certified by the proper officer thereof, and by oath of the county treasurer, may be counted as cash.

      5.  All moneys deposited in any depositary bank by such county officer may be drawn out by such officer on check payable only to the county treasurer or his order, but every county assessor may also withdraw money received in payment of motor vehicle license fees by check payable to [the motor vehicle division of the public service commission of Nevada.] department of motor vehicles.


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ê1959 Statutes of Nevada, Page 190 (Chapter 171, SB 45)ê

 

      6.  The county officer shall keep a check register which shall show the amount of county money on deposit and shall list every check drawn upon the depositary bank, numbering such checks consecutively.

      7.  Not later than the 1st Monday of each month, the county officer maintaining such deposit shall draw upon the deposit for the full amount of county funds deposited therein during the preceding month, such withdrawal to be by check payable to the county treasurer, and shall thereupon deliver such check to the county treasurer.

 

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CHAPTER 172, SB 78

Senate Bill No. 78–Senators Brown, Gallagher, Seevers and Whitacre (By request of Legislative Commission)

CHAPTER 172

AN ACT authorizing the State of Nevada to purchase water rights lying and being in the county of Ormsby belonging to the Virginia and Truckee Railway, a Nevada corporation, creating a fund, and making an appropriation of $15,000.

 

[Approved March 14, 1959]

 

      Whereas, The Virginia and Truckee Railway, a Nevada corporation, is the owner of water rights in the county of Ormsby, State of Nevada; and

      Whereas, The Virginia and Truckee Railway, as provided by law, has made application to the state engineer to change the manner of use and place of use of the water rights located in Ormsby County, State of Nevada; and

      Whereas, The Virginia and Truckee Railway may offer for sale to the State of Nevada these water rights; now, therefore,

 

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

do enact as follows:

 

      Section1.  The State of Nevada, acting through its duly elected and appointed officers and agents, is authorized to acquire by purchase or otherwise all or any of the water rights being and lying in the county of Ormsby, State of Nevada, belonging to the Virginia and Truckee Railway, a Nevada corporation, or its successors and assigns. Before such acquisition is consummated, the Virginia and Truckee Railway, or its successors and assigns, shall produce a valid water right, and shall obtain from the state engineer a valid permit changing the manner and place of use.

      Sec. 2.  There is hereby created the Virginia and Truckee water rights fund.

      Sec. 3.  There is hereby appropriated from the general fund in the state treasury the sum of $15,000 to the Virginia and Truckee water rights fund. Any unexpended balances of the appropriation herein made shall revert to the general fund after all purchases herein authorized are completed.

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

 

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ê1959 Statutes of Nevada, Page 191ê

 

CHAPTER 173, SB 137

Senate Bill No. 137–Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)

CHAPTER 173

AN ACT to amend NRS sections 354.060, 354.260, 354.320 and 354.400, relating to unlawful expenditures of money by officials and governing boards of political subdivisions, to the creation and duties of county boards of examiners, to penalties, and to the duty of county auditors to remit an annual statement to the state controller, by permitting officials and governing boards of political subdivisions to purchase comprehensive general liability policies of insurance, which provide for an audit at the termination thereof, without funds specially set aside therefor; by prescribing the penalty for failure of county boards of examiners to fulfill their duties; by changing a date to conform to the fiscal year calendar; and by providing other matters properly relating thereto.

 

[Approved March 14, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 354.060 is hereby amended to read as follows:

      354.060  1.  It shall be unlawful for any county commissioner, or any board of county commissioners, or any county officer to authorize, allow or contract for any expenditure, except for the purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof, unless the money for the payment thereof is in the county treasury and specially set aside for such payment.

      2.  Upon the request of the attorney general or upon the complaint of any interested person, any county commissioner or officer violating the provisions of this section shall be removed from office in a suit to be instituted by the district attorney for the county wherein the county commissioner or officer resides.

      Sec. 2.  NRS 354.260 is hereby amended to read as follows:

      354.260  1.  The board of county commissioners and the county auditor of each county are hereby created a board of examiners.

      2.  In counties wherein at the last general election less than 1,200 votes were polled, the county auditor shall, in January, April, July and October, furnish the board of county commissioners with a statement of the amount of money, securities and other property in the custody of the county treasurer, and shall, in company with the board of county commissioners, count, examine and inspect the same and carefully determine whether the funds, securities and property of the county are all on hand and properly protected in the full amounts belonging to the county. The county treasurer shall assist and, as far as possible, facilitate such examination.

      3.  In counties wherein at the last general election 1,200 or more votes were polled, the county auditor shall, once a month, furnish the board of county commissioners with a statement of the amount of money, securities and other property in the custody of the county treasurer, and shall, in company with the board of county commissioners, count, examine and inspect the same and carefully determine whether the funds, securities and property of the county are all on hand and properly protected in the full amounts belonging to the county.


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ê1959 Statutes of Nevada, Page 192 (Chapter 173, SB 137)ê

 

hand and properly protected in the full amounts belonging to the county. The county treasurer shall assist and, as far as possible, facilitate such examination.

      4.  If any board of county commissioners, or any member thereof, or the county auditor [shall refuse or neglect] refuses or neglects to comply with the provisions of this section, or if the county treasurer [shall, in any way, prevent] prevents such examination, such person so neglecting or violating the provisions of this section [shall be] is guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than $100 [, and may be imprisoned at the discretion of the court,] or more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment, and shall be removed from office.

      Sec. 3.  NRS 354.320 is hereby amended to read as follows:

      354.320  On [December 1] or before the 3rd Monday of July of each year each county auditor shall prepare and forward to the state controller a statement showing:

      1.  The indebtedness of the county, funded and floating, stating the amount of each class, and the rate of interest borne by such indebtedness, or any part thereof, and the amount of cash in the county treasury, in its several funds.

      2.  A careful estimate of the value of all property owned by the county.

      3.  The aggregate value of the real and personal property in the county, as shown by the last assessment roll, stating each separately.

      4.  The rate of taxation in such year in the county, and the amount of poll taxes collected, and the number of registered voters.

      5.  The amount of taxes so assessed, stating the portion, if any, which was delinquent.

      Sec. 4.  NRS 354.400 is hereby amended to read as follows:

      354.400  1.  It shall be unlawful for any governing board or any member thereof, or any officer of any city, town, municipality or school district to authorize, allow or contract for any expenditure, except for the purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof, unless the money for the payment thereof has been specially set aside for such payment by the budget.

      2.  Upon the request of the attorney general or upon the complaint of any interested person, any member of any governing board or any officer violating the provisions of this section shall be removed from office in a suit to be instituted by the city attorney in the case of cities, and by the district attorney in cases of towns and school districts, wherein such officer or member of the governing board resides.

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

 

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ê1959 Statutes of Nevada, Page 193ê

 

CHAPTER 174, SB 153

Senate Bill No. 153–Committee on Agriculture and Irrigation

CHAPTER 174

AN ACT to amend chapter 232 of NRS, relating to the state department of conservation and natural resources, by allowing the director of the department to accept, with the approval of the governor, gifts, devises, bequests or grants of property, by requiring the deposit of any funds received in the state department of conservation and natural resources cooperative fund; and by creating such fund; by authorizing a charge for printed matter distributed by the department, and providing for the disposition of such proceeds; to amend NRS section 232.070, relating to the powers and duties of the director, by allowing him, with the approval of the governor, to enter into cooperative agreements in connection with studies related to the development or conservation of natural resources and requiring him to make reports and recommendations to the governor.

 

[Approved March 14, 1959]

 

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

do enact as follows:

 

      Section1.  Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth in sections 2 and 3 of this act.

      Sec. 2.  1.  The director may, with the approval of the governor, accept gifts, devises, bequests or grants of real or personal property of any kind. Any funds received shall be deposited in the state department of conservation and natural resources cooperative fund.

      2.  Claims against such fund shall be made by the director and paid as other claims against the state are paid.

      3.  There is hereby created in the state treasury a special fund to be known as the state department of conservation and natural resources cooperative fund.

      Sec. 3.  1.  The director is hereby authorized to make a nominal charge for any books, reports or periodicals compiled and distributed by the department.

      2.  The money received from such charge shall be deposited in the general fund of the state.

      Sec. 4.  NRS 232.070 is hereby amended to read as follows:

      232.070  1.  As executive head of the department, the director shall direct and supervise all administrative and technical activities of the department. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.

      2.  The director may, within such limitations as may be provided by law, organize the department into various divisions and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.

      3.  The director shall:

      (a) Formulate the policy of the department and the various divisions thereof.

      (b) Coordinate the activities of the various divisions of the department.

      (c) From time to time adopt, amend and rescind such rules and regulations as he may deem necessary for the operation of the department.

      (d) Plan such studies and investigations as he may deem appropriate and carry out the same in conjunction with the various divisions.


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ê1959 Statutes of Nevada, Page 194 (Chapter 174, SB 153)ê

 

ate and carry out the same in conjunction with the various divisions.

      (e) Coordinate all studies in the State of Nevada concerned with the supply, development, use and conservation of water.

      (f) Prepare and deliver to the governor, on or before October 1 of each year, and at such other times as may be required by the governor, a full report of the work of the department, and the divisions thereof, including a detailed statement of the expenditures of the department and any recommendations the director may have.

      4.  The director may, [upon request and when the facilities of his department will permit, assist the governor and other state departments or agencies in connection with technical matters pertaining to interstate waters and other matters related to the development or conservation of natural resources.] with the approval of the governor, enter into cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located in or outside the State of Nevada, or any person, corporation or association, in connection with studies and investigations pertaining to waters, lands or other matters related to the development or conservation of natural resources.

 

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CHAPTER 175, AB 38

Assembly Bill No. 38–Mr. Schouweiler and Miss Herr

CHAPTER 175

AN ACT to amend NRS sections 640.110, 640.170 and 640.210, relating to physical therapists’ certificates of registration and unauthorized use of symbols by nonregistered physical therapists and penalties therefor, by enumerating certain symbols and providing for injunctive relief under certain circumstances; to repeal NRS section 640.200 relating to physical therapy practice by unregistered persons; and providing other matters properly relating thereto.

 

[Approved March 14, 1959]

 

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

do enact as follows:

 

      Section1.  NRS 640.110 is hereby amended to read as follows:

      640.110  1.  The board shall register as a physical therapist each applicant who proves to the satisfaction of the board his fitness for registration under the terms of this chapter.

      2.  The board shall issue to each person registered as a physical therapist a certificate of registration. [, which shall be prima facie evidence of the right of the person to whom it is issued to represent himself as a registered physical therapist, subject to the conditions and limitations of this chapter.]

      Sec. 2.  NRS 640.170 is hereby amended to read as follows:

      640.170  A person who is not registered under this chapter as a physical therapist, or whose registration has been suspended or revoked, or whose registration has lapsed and has not been revived, who uses in connection with his name the words or letters “R. P. T.,” “Registered Physical Therapist,” “P. T.,” “Physical Therapist,” or any other letters, words or insignia indicating or implying that he is a registered physical therapist, or who in any other way, orally, or in writing, or in print, by sign, directly or by implication, represents himself as a registered physical therapist, shall be guilty of a misdemeanor.


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