[Rev. 6/2/2018 11:26:03 AM]

Link to Page 400

 

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ê1961 Statutes of Nevada, Page 401 (Chapter 242, SB 59)ê

 

      2.  Upon petition of any person appointed as trustee of an express trust by any will, or upon petition of any beneficiary of the trust, the district court in which the will was probated shall consider the application to confirm the appointment of the trustee and specify the manner in which he shall qualify. Thereafter the district court shall have jurisdiction of the trust as a proceeding in rem.

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

 

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CHAPTER 243, SB 86

Senate Bill No. 86–Committee on Judiciary

CHAPTER 243

AN ACT to amend chapter 281 of NRS, relating to offices and officers generally, by adding a new section providing that the clerk of the supreme court shall process all travel claims of district judges; and providing other matters properly relating thereto.

 

[Approved March 31, 1961]

 

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

do enact as follows:

 

      Section 1.  Chapter 281 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      All claims of district judges for travel expenses and subsistence allowances shall be submitted to the clerk of the supreme court, who shall act as administrative officer in processing such claims pursuant to the regulations of the state board of examiners.

 

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CHAPTER 244, SB 107

Senate Bill No. 107–Senator Monroe

CHAPTER 244

AN ACT to amend NRS section 125.150, relating to alimony and adjudication of property rights in divorce actions, by permitting the court, in such actions, to award a reasonable attorney’s fee to either party whether or not a motion for suit money pending the action has been filed.

 

[Approved March 31, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 125.150 is hereby amended to read as follows:

      125.150  1.  In granting a divorce, the court may award such alimony to the wife and shall make such disposition of the community property of the parties as shall appear just and equitable, having regard to the respective merits of the parties and to the condition in which they will be left by such divorce, and to the party through whom the property was acquired, and to the burdens, if any, imposed upon it, for the benefit of the children.


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ê1961 Statutes of Nevada, Page 402 (Chapter 244, SB 107)ê

 

which they will be left by such divorce, and to the party through whom the property was acquired, and to the burdens, if any, imposed upon it, for the benefit of the children.

      2.  Whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce if attorneys’ fees are in issue under the pleadings.

      3.  The court may also set apart such portion of the husband’s property for the wife’s support and the support of their children as shall be deemed just and equitable.

      [3.]4.  In the event of the death of either party or the subsequent remarriage of the wife, all alimony awarded by the decree shall cease, unless it shall have been otherwise ordered by the court.

      [4.]5.  In the event alimony has been awarded to the wife, or the court otherwise adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify the same, such alimony so awarded, such adjudication of property rights, and such agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation duly signed and acknowledged by the parties to such action, and in accordance with the terms thereof.

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

 

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CHAPTER 245, SB 108

Senate Bill No. 108–Senator Whitacre

CHAPTER 245

AN ACT to amend NRS sections 206.150 and 574.150, relating to poisoning and maiming of animals, by changing to gross misdemeanors certain crimes which are misdemeanors.

 

[Approved March 31, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 206.150 is hereby amended to read as follows:

      206.150  Every person who shall willfully and maliciously kill, maim or disfigure any animal belonging to another, or expose any poison or noxious substance with intent that it should be taken by such animal, shall be guilty of a [misdemeanor.] gross misdemeanor.

      Sec. 2.  NRS 574.150 is hereby amended to read as follows:

      574.150  1.  A person who unjustifiably administers any poisonous or noxious drug or substance to a horse, mule or domestic cattle, or unjustifiably exposes any such drug or substance with intent that the same shall be taken by a horse, mule or by domestic cattle, whether such horse, mule or domestic cattle are the property of himself or another, is guilty of a felony.


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ê1961 Statutes of Nevada, Page 403 (Chapter 245, SB 108)ê

 

      2.  A person who unjustifiably administers any poisonous or noxious drug or substance to any animal other than a horse, mule or domestic cattle, or unjustifiably exposes any such drug or substance with intent that the same shall be taken by an animal other than a horse, mule or domestic cattle, whether such animal is the property of himself or another, is guilty of a [misdemeanor.] gross misdemeanor.

      3.  Nothing in this section shall be construed so as to prevent the destruction of noxious animals.

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

 

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CHAPTER 246, SB 112

Senate Bill No. 112–Committee on Judiciary

CHAPTER 246

AN ACT to amend NRS sections 6.110 and 6.120, relating to the summoning and selection of grand jurors, by providing for the selection and summoning of alternate grand jurors; providing for the filling of vacancies in the membership of existing juries; and providing other matters properly relating thereto.

 

[Approved March 31, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 6.110 is hereby amended to read as follows:

      6.110  1.  In any county wherein at the last preceding general election 1,000 or more votes were cast for the candidates for the office of representative in Congress of the United States, the district judge and any one of the county commissioners of the county, as often as the public interest may require, and at least once in each 4 years, shall select from the qualified jurors of the county (whether their names are or are not upon the list selected by the board of county commissioners) [24] 36 persons who shall be summoned to appear as grand jurors at such time as the district judge may order. If the district judge deems it proper he may direct any one of the county commissioners of the county and the clerk to select grand jurors, and the county commissioner and the clerk, if the district judge so directs, shall select from the qualified jurors [24] 36 persons as grand jurors. If the district judge directs the grand jurors to be selected by one of the county commissioners and the clerk, the district judge must make and file with the clerk an order designating the name of the county commissioner, and district judge shall fix the time in the order when the grand jurors shall be required to appear. If from any cause such county commissioner and clerk shall fail to select the grand jurors, the district judge and any one of the county commissioners may, at any time, select the same. A list of the names so selected as grand jurors shall be made out and certified by the officers making the selection and shall be filed in the clerk’s office, and the clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the persons so drawn as grand jurors to attend in court at such time as the district judge may have directed.


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ê1961 Statutes of Nevada, Page 404 (Chapter 246, SB 112)ê

 

him to summon the persons so drawn as grand jurors to attend in court at such time as the district judge may have directed.

      2.  The sheriff shall summon such grand jurors, and out of the number so summoned the court shall select 17 persons to constitute the grand jury [.] and 12 persons to act as alternate grand jurors. If from any cause a sufficient number do not appear, or those who appear are excused or discharged, an additional number, sufficient to complete the grand jury [,] and to act as alternates, shall be selected from the qualified jurors by the district judge and the clerk and summoned to appear in court at such time as the court may direct.

      3.  Every person named in the venire as a grand juror shall be served by the sheriff mailing a summons to such persons commanding him to attend as a juror at a time and place designated therein, which summons shall be registered and deposited in the post office addressed to the person at his usual post office address. The receipt of the person so addressed for the registered summons shall be regarded as personal service of the summons upon such person and no mileage shall be allowed for service. The postage and registry fee shall be paid by the sheriff and allowed him as other claims against the county.

      4.  If for any reason a person selected as a grand juror is unable to serve on the grand jury until the completion of its business, the district judge shall select one of the alternate grand jurors to serve in his place. Such alternate shall be served by the sheriff in the manner provided in subsection 3.

      Sec. 2.  NRS 6.120 is hereby amended to read as follows:

      6.120  1.  In any county wherein there were cast at the last preceding general election not more than 999 votes for Congressman, the board of county commissioners of the county, as often as the public interest may require, shall select from the qualified jurors of the county (whether their names are or are not upon the list selected by the board of county commissioners) [24] 36 persons who shall be summoned to appear as grand jurors at such times as the district judge may order. The requirement of subsection 1 of NRS 6.110 that a grand jury must be called at least once in every 4 years shall not apply to such county unless the district judge otherwise directs. A list of the names so selected as grand jurors shall be made out and certified by the officers making the selection and shall be filed in the county clerk’s office, and the clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the persons so drawn as grand jurors to attend in court at such time as the district judge may have directed.

      2.  The sheriff shall summon such grand jurors, and out of the number so summoned the court shall select 17 persons to constitute the grand jury [.] and 12 persons to act as alternate grand jurors. If from any cause a sufficient number do not appear, or those who appear are excused or discharged, an additional number, sufficient to complete the grand jury [,] and to act as alternates, shall be selected from the qualified jurors by the district judge and the clerk and summoned to appear in court at such time as the court may direct.


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ê1961 Statutes of Nevada, Page 405 (Chapter 246, SB 112)ê

 

      3.  Every person named in the venire as a grand juror shall be served by the sheriff mailing a summons to such person commanding him to attend as a juror at a time and place designated therein, which summons shall be registered and deposited in the post office addressed to the person at his usual post office address. The receipt of the person so addressed for the registered summons shall be regarded as personal service of the summons upon such person and no mileage shall be allowed for service. The postage and registry fee shall be paid by the sheriff and allowed him as other claims against the county.

      4.  If for any reason a person selected as a grand juror is unable to serve on the grand jury until the completion of its business, the district judge shall select one of the alternate grand jurors to serve in his place. Such alternate shall be served by the sheriff in the manner provided in subsection 3.

      Sec. 3.  In each county in which a grand jury has been impaneled and has not completed its business on the effective date of this act, 12 alternate grand jurors shall be selected in the manner provided in NRS 6.110 or 6.120, and the district judge shall select an alternate grand juror to fill each existing and future vacancy in the membership of the grand jury.

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

 

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CHAPTER 247, SB 116

Senate Bill No. 116–Committee on State, County and City Affairs

CHAPTER 247

AN ACT to amend NRS section 244.050, relating to county commissioner districts in counties having less than 50,000 population, by establishing a procedure for the abolition of such districts; by changing the procedure for their creation; by providing that county commissioners in counties having such districts shall be elected at large by the qualified electors of the county; and providing other matters properly relating thereto.

 

[Approved March 31, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 244.050 is hereby amended to read as follows:

      244.050  1.  Whenever [20] a number of registered voters equal to 35 percent or more of the number of persons registered to vote at the last preceding general election in any county in this state having less than 50,000 population shall petition the board of county commissioners of their county to [that effect, the county commissioners of such county shall, on or before the 1st Monday in July preceding any general election, divide the county into three districts to be known as commissioner districts.] divide the county into three commissioner districts, the question shall be submitted to the qualified electors of the county for approval or disapproval at the next succeeding general election. If a majority of the voters voting on such question approve the division, the board of county commissioners shall divide the county into three commissioner districts on or before the 1st Monday in July preceding each general election.


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ê1961 Statutes of Nevada, Page 406 (Chapter 247, SB 116)ê

 

majority of the voters voting on such question approve the division, the board of county commissioners shall divide the county into three commissioner districts on or before the 1st Monday in July preceding each general election. Such division shall be made to conform to the established boundaries of election precincts or wards, and each election precinct or ward shall be wholly within one of the commission districts herein provided for. Each commissioner district shall embrace, as near as may be, one-third of the voting population of the county, to be determined by the vote cast at the last general election, and shall consist of adjoining precincts; but in case not more than three election precincts or wards exist in the county, then each election precinct or ward shall constitute a commissioner district.

      2.  The commissioner designated in the statute as the long-term commissioner shall represent the district in which he resided when elected, and at the general election in 1894, and every 2 years thereafter, there shall be elected a commissioner from each of the remaining districts, one for the long term and one for the short term, as now provided by law.

      3.  The board of county commissioners shall cause to be published in some newspaper in the county, if there be one, and if not, then by posting at the door of the courthouse and one or more conspicuous places in each of the commissioner districts, a notice specifying the election precincts or wards embraced in each of the commissioner districts so established. Such notice shall be posted or published for a period of not less than 20 days prior to each general election.

      4.  County commissioners shall be elected at large by the qualified electors of the [commissioner district wherein they reside.] county.

      5.  Such commission districts, regardless of when created, may be abolished by petition and election in the same manner as provided for their creation in subsection 1.

      6.  Upon the abolition of commissioner districts the incumbent county commissioners shall be entitled to serve the remainder of the terms of which they were elected or appointed, and thereafter county commissioners shall be elected at large from within the county.

      Sec. 2.  County commissioner districts in existence on the effective date of this act in counties having less than 50,000 population shall continue in existence until abolished as provided in this act.

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

 

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ê1961 Statutes of Nevada, Page 407ê

 

CHAPTER 248, SB 124

Senate Bill No. 124–Committee on Judiciary (by request)

CHAPTER 248

AN ACT to amend NRS sections 155.010 and 155.020, relating to the mode of giving notice in certain instances in probate proceedings, by eliminating the requirement of posting notices in instances where notice is required to be given by publication.

 

[Approved March 31, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 155.010 is hereby amended to read as follows:

      155.010  1.  Upon the filing of:

      (a) A petition relating to the family allowance filed after the return of the inventory; or

      (b) A petition for leave to settle or compromise a claim against a debtor of the decedent, or a claim against the estate, or a suit against the executor or administrator, as such; or

      (c) A petition for the sale of stocks or bonds; or

      (d) A petition for leave to sell or give an option to purchase a mining claim or real property worked as a mine; or

      (e) A petition for leave to execute a promissory note, mortgage, or deed of trust or give other security; or

      (f) A petition for leave to lease or to exchange property, or to institute an action for partition of property; or

      (g) A petition for an order authorizing or directing the investment of money; or

      (h) A report of appraisers concerning a homestead; or

      (i) An account of an executor, administrator or trustee; or

      (j) A petition for partial or ratable or final distribution; or

      (k) A petition for the delivery of the estate of a nonresident; or

      (l) A petition for determination of heirship or interest in an estate; or

      (m) A petition of a trustee for instructions; or

      (n) A petition for the appointment of a trustee after distribution; and

in all cases in which notice is required and no other time or method is prescribed by law or by the court or judge, the clerk shall set the same for hearing by the court and shall give notice of the petition, application, report or account by causing a notice to be posted at the courthouse of the county where the proceedings are pending, at least 10 days before the day of hearing.

      2.  The notice shall:

      (a) Give the name of the estate.

      (b) Give the name of the petitioner.

      (c) State the nature of the application.

      (d) Refer to the petition for further particulars.

      (e) Notify all persons interested to appear at the time and place mentioned in the notice and show cause, if any they have, why the order should not be made.


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ê1961 Statutes of Nevada, Page 408 (Chapter 248, SB 124)ê

 

      3.  Within 2 days after the filing of such petition, account, return or report the person filing the same must cause a copy of the [posted] notice to be mailed to the executor or administrator, when he is not the petitioner, or any coexecutor or coadministrator not petitioning, and to all persons (or to their attorneys, if they have appeared by attorney), who have filed a written request for notice in accordance with the provisions of NRS 155.030, or who have given notice of appearance in the estate in person or by attorney, as heir, devisee, legatee or creditor, or as otherwise interested, addressed to them at their respective post office addresses given in their requests for special notice, if any, otherwise at their respective offices or places of residence, if known, and if not, addressed to them at the county seat of the county where the proceedings are pending. Personal service of such notices may be made on any such person or his attorney within the 2 days, and such personal service shall be equivalent to mailing of such notice.

      4.  Proof of the giving of notice must be made at the hearing; and if it appears to the satisfaction of the court that the notice has been regularly given the court shall so find in its order, and the order, when it becomes final, shall be conclusive upon all persons.

      5.  Whenever notice of any proceeding listed in subsection 1 is required by this Title to be given by publication, proof of the publication of such notice as so required shall be equivalent to compliance with the provisions of this section relating to posting of notice.

      Sec. 2.  NRS 155.020 is hereby amended to read as follows:

      155.020  1.  In the case of a petition for leave:

      (a) To sell or give an option to purchase a mining claim or real property worked as a mine; or

      (b) To borrow money or execute a mortgage, deed of trust or give other security; or

      (c) To execute a lease or sublease;

in addition to the notice by mailing or personal service required by NRS 155.010, the clerk shall cause [such] notice of the application to be published in a newspaper of general circulation in the county in which the estate is being probated.

      2.  If the notice is published in a weekly newspaper, it must appear therein on at least 2 different days of publication, and the first publication must be at least 10 days before the hearing; if in a newspaper published more often, the notice shall be published twice, that is, in 2 issues of the newspaper, but there shall be at least 10 days from the first to the last day of publication, both days included.

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

 

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ê1961 Statutes of Nevada, Page 409ê

 

CHAPTER 249, SB 133

Senate Bill No. 133–Committee on Judiciary

CHAPTER 249

AN ACT to amend NRS section 136.200, relating to appointment of attorneys to represent minors and absent heirs in probate proceedings, by providing that courts may appoint attorneys to represent such persons.

 

[Approved March 31, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 136.200 is hereby amended to read as follows:

      136.200  Whenever a will is offered for probate and it appears there are minors, or if it appears there are other persons interested in the estate but who reside out of the county and are unrepresented, the court [shall,] may, whether there is a contest or not, appoint an attorney for such minors or other persons.

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

 

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CHAPTER 250, SB 135

Senate Bill No. 135–Senator Gallagher (by request of the White Pine County Commissioners)

CHAPTER 250

AN ACT to fix the minimum and maximum salary limitations for certain White Pine County officers; providing for the appointment of deputies and for travel expenses; to repeal chapter 29, Statutes of Nevada 1953, relating to compensation and fees of White Pine County officers; and providing other matters properly relating thereto.

 

[Approved March 31, 1961]

 

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

do enact as follows:

 

      Section 1.  The following officers of White Pine County, Nevada, shall receive in full payment for all services rendered by them the following salaries to be fixed by the resolution of the majority of the board of county commissioners of White Pine County within the minimum and maximum amounts as follows:

      1.  The district attorney shall receive a salary of not less than $6,600 or more than $7,800 per annum, payable in equal monthly installments, for all his services as district attorney. He may also have and retain all fees allowed by law for his services as ex officio public administrator. He may have such deputy or deputies, to be named by him, as the board of county commissioners of White Pine County, by majority consent, may deem necessary, and at such time as they may direct. He shall be allowed his actual travel expenses, to consist of the actual cost of his transportation and living expenses while absent from the county seat in performance of his official duties, but such expenses shall be first audited and allowed by the board of county commissioners.


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ê1961 Statutes of Nevada, Page 410 (Chapter 250, SB 135)ê

 

commissioners. The district attorney shall receive no fees or compensation other than as herein provided for the performance of his official duties.

      2.  The county clerk shall receive a salary of not less than $6,600 or more than $7,800 per annum, payable in equal monthly installments for all his services as county clerk, and may be allowed such deputies, to be named by him, as the board of county commissioners of White Pine County by majority consent may deem necessary, at a salary to be fixed by the county commissioners. He and his deputies shall be allowed their actual travel expenses, to consist of the actual costs of transportation and living expenses while absent from the county seat in the performance of their official duties, but such expense shall be first audited and allowed by the board of county commissioners.

      3.  The county treasurer and ex officio tax collector shall receive a salary of not less than $6,600 or more than $7,800 per annum, payable in equal monthly installments for all his services as county treasurer and ex officio tax collector, and may be allowed such deputies, to be named by him, as the board of county commissioners of White Pine County, by majority consent, may deem necessary, at a salary to be fixed by the county commissioners. He and his deputies shall be allowed their actual travel expenses, to consist of the actual costs of their transportation and living expenses while absent from the county seat in the performance of their official duties, but such expenses shall be first audited and allowed by the board of county commissioners.

      4.  The county recorder and auditor shall receive a salary of not less than $6,600 or more than $7,800 per annum, payable in equal monthly installments as compensation for all his services as county recorder and auditor. He shall collect and pay into the county treasury all such fees as are now provided for by law. He may be allowed such deputies, to be named by him, as the board of county commissioners of White Pine County, by majority consent, may deem necessary. He and his deputies shall be allowed their actual travel expenses, to consist of the actual costs of transportation and living expenses while absent from the county seat in the performance of their official duties, but such expenses shall be first audited and allowed by the board of county commissioners.

      5.  The county assessor shall receive a salary of not less than $6,600 or more than $7,800 per annum, payable in equal monthly installments as compensation for all his services as such officer. He shall collect and pay into the county treasury of the county all such fees as are now provided for by law. He may be allowed such deputies, to be named by him, as the board of county commissioners of White Pine County, by majority consent, may deem necessary. He and his deputies shall be allowed their actual travel expenses, to consist of the actual costs of their transportation and living expenses while absent from the county seat in the performance of their official duties, but such expenses shall be first audited and allowed by the board of county commissioners.

      6.  The sheriff shall receive a salary of not less than $6,600 or more than $7,800 per annum, payable in equal monthly installments as full compensation for his services to the county as sheriff or in any ex officio capacity of any kind whatsoever, and her shall have one under-sheriff, 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 fix.


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ê1961 Statutes of Nevada, Page 411 (Chapter 250, SB 135)ê

 

capacity of any kind whatsoever, and her shall have one under-sheriff, 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 fix. He shall be allowed all his actual travel 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, but such expenses shall be first audited and allowed by the board of county commissioners. The sheriff shall collect for all services in his office, and pay over monthly into the county treasury of White Pine County such fees as are provided for in NRS 248.290, but in lieu of mileage provided in NRS 248.290, the sheriff shall charge and collect as mileage the actual and necessary travel expenses of himself or deputies in the service of any summons and complaints or other process issuing out of the district court, and where there is a deputy or other officer so located as to perform such service without the sheriff or his deputy actually incurring any travel expenses, no mileage shall be charged. In all cases herein, where the deputy sheriff resides away from the county seat and is required in the performance of a duty or duties of his office to use his own or a privately owned car in connection with such duty or duties, he shall receive therefor the sum of not to exceed 20 cents per mile for each mile necessarily traveled in the performance of any such duty or duties. Such claim for mileage shall be first audited and allowed by the board of county commissioners.

      Sec. 2.  Each county commissioner of White Pine County, Nevada, shall receive a salary of $2,400 per annum.

      Sec. 3.  Chapter 29, Statutes of Nevada 1953, at page 27, entitled “An Act fixing the compensation of county officers in White Pine County, State of Nevada, and matters pertaining to the collection and disposition of fees arising from such offices, regulating the conduct thereof, and to repeal all acts and parts of acts in conflict therewith,” approved February 27, 1953, as amended, is hereby repealed.

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

 

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CHAPTER 251, SB 142

Senate Bill No. 142–Senator Echeverria

CHAPTER 251

AN ACT authorizing and directing the chairman of the hospital advisory board of the Nevada state hospital to execute and deliver for and on behalf of the Nevada state hospital and the State of Nevada a quitclaim deed to remove a cloud on title to lands obtained by patent from the State of Nevada.

 

[Approved March 31, 1961]

 

      Whereas, Grant D. Anderson and Dee B. Anderson are the owners of certain lands in Washoe County, Nevada; and

      Whereas, A cloud on the title to such lands exists as a result of certain deeds received by the State of Nevada; and


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ê1961 Statutes of Nevada, Page 412 (Chapter 251, SB 142)ê

 

      Whereas, The claim of the State of Nevada is improper and should be removed by quitclaim deed to perfect the title of Grant D. Anderson and Dee. B. Anderson; now, therefore,

 

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

do enact as follows:

 

      Section 1.  The chairman of the hospital advisory board of the Nevada state hospital is hereby authorized and directed, for and on behalf of the Nevada state hospital and the State of Nevada, to execute and deliver a quitclaim deed to Grant B. Anderson and Dee B. Anderson, husband and wife, for the lands described as follows:

      All that part of the SE 1/4 of the SW 1/4 of Section 6, Township 19 North, Range 20 East, M.D.B. & M., lying South of the right of way line of the State Highway known as “U.S. 40”, and West of the Asylum Road; the same being a triangular parcel of land, and further described as follows: Beginning at the quarter corner between Sections 6 and 7, Township 19 North, Range 20 East, M.D.B. & M.; thence westerly along the south boundary of said Section 6 approximately 461.6 feet to an intersection with the south right of way line of the State Highway, sometimes designated as “U.S. 40”; thence North 76°37′ East 379 feet, more or less, to the North and South center line of said Section 6; thence South 0°16′ East 110. feet, more or less, to the point of beginning.

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

 

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CHAPTER 252, SB 169

Senate Bill No. 169–Committee on Judiciary

CHAPTER 252

AN ACT to amend chapter 40 of NRS, relating to actions and proceedings in particular cases concerning real property, by adding a new section allowing eviction by summary proceedings of a person who holds over in possession of real property after certain sales of such property; and to amend NRS section 40.280, relating to service of notices to quit, by making its provisions applicable to such new section.

 

[Approved March 31, 1961]

 

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

do enact as follows:

 

      Section 1.  Chapter 40 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      In any of the following cases, a person who holds over and continues in possession of real property after a 3-day written notice to quit has been served upon him, and also upon any subtenant in actual occupation of the premises, pursuant to NRS 40.280, may be removed as prescribed in NRS 40.290 to 40.420, inclusive:

      1.  Where the property has been sold under an execution against him or a person under whom he claims, and the title under the sale has been perfected; or

 


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ê1961 Statutes of Nevada, Page 413 (Chapter 252, SB 169)ê

 

him or a person under whom he claims, and the title under the sale has been perfected; or

      2.  Where the property has been sold upon the foreclosure of a mortgage, or under an express power of sale contained therein, executed by him or a person under whom he claims, and the title under the sale has been perfected; or

      3.  Where the property has been sold under a power of sale granted by NRS 107.080 to the trustee of a deed of trust executed by such person or a person under whom he claims, and the title under such sale has been perfected; or

      4.  Where the property has been sold by him or a person under whom he claims, and the title under the sale has been perfected.

      Sec. 2.  NRS 40.280 is hereby amended to read as follows:

      40.280  1.  The notices required by NRS 40.250, [and] 40.260 and section 1 of this act may be served either:

      (a) By delivering a copy to the tenant personally; or

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

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

      2.  Service upon a subtenant may be made in the same manner as provided in subsection 1.

 

________

 

 

CHAPTER 253, SB 190

Senate Bill No. 190–Committee on Banks, Banking and Corporations

CHAPTER 253

AN ACT to amend NRS sections 367.030 and 367.050, relating to assessment of bank shares, by changing the dates on which assessment is made and ownership determined; and by providing other matters properly relating thereto.

 

[Approved March 31, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 367.030 is hereby amended to read as follows:

      367.030  1.  All shares of stock in banks, whether of issue or not, existing by authority of the United States, or of the State of Nevada, or of any other state, territory or foreign government, and located within the State of Nevada, shall be assessed to the owners thereof in the county, city, town or district where such banks are located, and not elsewhere, in the assessment of all state, county, town or special taxes, imposed and levied in such place, whether such owner is a resident of the county, city, town or district, or not.


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

ê1961 Statutes of Nevada, Page 414 (Chapter 253, SB 190)ê

 

taxes, imposed and levied in such place, whether such owner is a resident of the county, city, town or district, or not.

      2.  All such shares be assessed at their full cash value on [May] October 1, first deducting therefrom the proportionate value of the real property belonging to the bank and the amount or value of such mortgages and trust deeds owned by the bank and on which the bank has paid the taxes or authorized the assessment thereof in its name, at the same rate and no greater than that at which other moneyed capital in the hands of citizens and subject to taxation is assessed by law.

      3.  The proportionate parts of the shares of stock in a bank having branches in one or more counties, cities, towns or districts, shall be assessed as provided herein in such counties, cities, towns or districts where such bank or branches may be situated, such proportionate parts to be assessed in each such county, town, city or district being determined by the ration which the total deposits, both time and demand, at the close of banking hours on the last business day of [April] September in the bank or branch situated in such county, city, town or district bear to the total of such deposits on the last business day of [April] September in all of the banks and branches thereof, ownership of which is represented by the shares of stock so assessed.

      4.  The persons or corporations who appear from the records of the banks to be the owners of shares at the close of the business day next preceding [May] October 1 in each year shall be taken and deemed to be the owners thereof for the purposes of this section.

      Sec. 2.  NRS 367.050 is hereby amended to read as follows:

      367.050  Every bank in which shares of stock have been issued, and the officers thereof, shall upon the request of the assessor of any county or city in which it or one of its branches is situated:

      1.  Deliver to him in full a true and complete list of the names of the stockholders in such bank and the number of shares owned by each on the close of business on the day preceding [May] October 1, as shown by its books and records; and

      2.  Deliver to him a true statement of the total number of shares comprising the capital stock of the bank, and if operating branch banks within the state, a true statement of the total deposits, both time and demand, in the bank and in each of its branches at the close of banking hours on the last business day of [April.] September.

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

 

________

 

 


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

ê1961 Statutes of Nevada, Page 415ê

 

CHAPTER 254, SB 204

Senate Bill No. 204–Senator Brown

CHAPTER 254

AN ACT to amend NRS section 538.100, relating to the compensation and expenses of commissioners and employees of the Colorado River commission, by authorizing per diem and travel expenses to be paid in the same amounts as other state officers and employees are paid.

 

[Approved March 31, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 538.100 is hereby amended to read as follows:

      538.100  1.  Each commissioner shall receive as compensation $15 for each day actually employed on the work of the commission. [and his actual and necessary expenses incurred in the performance of his duties; but the living expenses of each commissioner of employee shall not exceed $10 per day while necessarily absent from home attending to the business of the commission.] Each commissioner and employee of the commission shall be allowed the per diem expense allowance and travel expenses as provided by law.

      2.  The commission shall audit all bills, [expenses and per diem expenses] claims for per diem expense allowances and travel expenses of the commissioners [,] and employees, and when the same shall have been certified to by the chairman and secretary, the secretary shall file the same with the state board of examiners for its action, and the same shall be paid out of any moneys appropriated for that purpose.

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

 

________

 

 

CHAPTER 255, SB 205

Senate Bill No. 205–Senator Monroe

CHAPTER 255

AN ACT to amend an act entitled “An Act fixing the compensation of the county officers of Elko County, Nevada; regulating the employment and compensation of deputies and other employees of such officers; and repealing all acts and parts of acts in conflict herewith,” approved March 25, 1957, as amended.

 

[Approved March 31, 1961]

 

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 205, Statutes of Nevada 1957, as amended by chapter 352, Statutes of Nevada 1959, at page 528, is hereby amended to read as follows:

      Section 1.  [The] 1.  Until the 1st Monday in January 1963, the compensation of the respective officers of Elko County, Nevada, herein designated, is hereby fixed as follows, to be allowed, audited and fixed monthly:

      The district attorney shall receive a salary of not less than $5,400 nor more than $6,600 per annum.


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

ê1961 Statutes of Nevada, Page 416 (Chapter 255, SB 205)ê

 

      The sheriff shall receive a salary of not less than $6,000 nor more than $9,000 per annum.

      The county clerk shall receive a salary of not less than $5,400 nor more than $6,600 per annum and such additional fees as may be authorized by county ordinance enacted pursuant to the provisions of subsection 1 of NRS 122.060.

      The county recorder and ex officio county auditor shall receive a salary of not less than $5,400 nor more than $6,600 per annum.

      The county assessor shall receive a salary of not less than $5,800 nor more than $7,600 per annum.

      The county treasurer and ex officio tax receiver shall receive a salary of not less than $5,400 nor more than $6,600 per annum.

      The county commissioners of Elko County shall receive a salary of $2,400 per annum.

      2.  On and after the 1st Monday in January 1963, the maximum salary which may be paid to each officer designated in subsection 1 of this section, except the county commissioners, shall be increased by $600 per annum.

 

________

 

 

CHAPTER 256, SB 211

Senate Bill No. 211–Committee on Judiciary

CHAPTER 256

AN ACT to repeal NRS section 202.495, which provides that attempted suicide is a misdemeanor.

 

[Approved March 31, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 202.495 is hereby repealed.

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

 

________

 

 

CHAPTER 257, SB 212

Senate Bill No. 212–Committee on Judiciary

CHAPTER 257

AN ACT to amend chapter 433 of NRS, relating to the Nevada state hospital, by adding a new section authorizing the temporary commitment of persons alleged to be mentally ill to general hospitals; to amend NRS section 433.240, relating to emergency temporary commitments to the Nevada state hospital, by deleting the requirement that the certification of the committing physicians be under oath; and providing other matters properly relating thereto.

 

[Approved March 31, 1961]

 

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

do enact as follows:

 

      Section 1.  Chapter 433 of NRS is hereby amended by adding thereto a new section which shall read as follows:


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

ê1961 Statutes of Nevada, Page 417 (Chapter 257, SB 212)ê

 

      Any person committed temporarily under the provisions of NRS 433.240 may be committed to a public general hospital, or, with the consent of the administrator, to a private general hospital, rather than to the Nevada state hospital, if the hospital advisory council has certified that such general hospital is qualified to receive, maintain, care for and detain persons alleged to be mentally ill for temporary periods for examination and observation. The same liability shall exist to the general hospital for transportation and support in connection with commitments under the provisions of this section as provided in NRS 433.370 in connection with commitments to the Nevada state hospital.

      Sec. 2.  NRS 433.240 is hereby amended to read as follows:

      433.240  Emergency temporary commitment to the hospital may be made under the following circumstances:

      1.  At such times as the district judge for a particular county may not be available, the emergency hospitalization of a person who suddenly becomes acutely ill mentally, from any cause other than as a result of excessive use of alcohol, habituating drugs or opiates, may be authorized by two physicians licensed to practice medicine in the State of Nevada, who shall certify [under oath] their belief that the person is mentally ill and, because of his illness, is likely to injure himself or others if not immediately restrained. The certificate committing any person who is a patient in a general hospital shall be accompanied by a clinical abstract including a history of illness, diagnosis, treatment and the names of relatives or correspondents. A copy of such certificate shall forthwith be delivered to the county clerk. No person charged with a crime shall be committed pursuant to this subsection.

      2.  Commitment under subsection 1 of this section shall be for no more than 10 days, unless formal commitment proceedings are instituted within that time under NRS 433.200. If such formal proceedings are instituted, the court may order the continued confinement of the person pending the outcome of the formal proceedings, if the superintendent certifies that in his opinion the person is mentally ill and, because of his illness, is likely to injure himself or others if not continued in confinement. If the court does not order such continued confinement, the person shall be discharged from the hospital on or before the 10th day after commitment.

      3.  When a person charged with a crime other than homicide is believed to be mentally ill, the district court having jurisdiction may order his temporary commitment for examination and report, which commitment shall continue until the further order of the court or until completion of the examination and report of the hospital.

 

________

 

 


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

ê1961 Statutes of Nevada, Page 418ê

 

CHAPTER 258, AB 401

Assembly Bill No. 401–Committee on State, County and City Affairs (By request)

CHAPTER 258

AN ACT to amend chapter 616 of NRS, relating to the Nevada industrial commission, by adding a new section providing that members of service organizations rendering volunteer ambulance services may receive industrial insurance benefits; and by providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Members of nonprofit service organizations and clubs, while engaged in rendering volunteer ambulance service in any county, city or town, shall be deemed, for the purpose of this chapter, employees of such organizations or clubs, at a wage of $300 per month, and shall be entitled to the benefits of this chapter upon such organizations or clubs complying therewith.

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

 

________

 

 

CHAPTER 259, SB 162

Senate Bill No. 162–Senator Whitacre (by request)

CHAPTER 259

AN ACT authorizing the state park commission to accept certain land for addition to Fort Churchill Historic State Monument and to transfer certain land owned by the state in exchange therefor.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  1.  The state park commission is hereby authorized to accept in the name of the State of Nevada from Adeline M. DePaoli, Marco W. DePaoli, Louis J. DePaoli, Ralph A. DePaoli, Harold P. DePaoli and Raymond D. DePaoli title to 15 acres of land, more or less, in Lyon County for addition to Fort Churchill Historic State Monument, such land being described as follows:

      Beginning at the section corner common to sections 34, 35, 2, 3 and lying on the line common to T. 17 N., R. 24 E. and T. 16 N., R. 24 E., 1,180 feet west to the center of the track of the Southern Pacific company; thence south 36°, west 960 feet to the south high water meander line of the Carson River; thence along the south high water meander line of the Carson River in an easterly and northerly direction to the point of beginning.

      2.  In exchange for the land described in subsection 1, the state park commission is hereby authorized to convey to Adeline M. DePaoli, Marco W.


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

ê1961 Statutes of Nevada, Page 419 (Chapter 259, SB 162)ê

 

Marco W. DePaoli, Louis J. DePaoli, Ralph A. DePaoli, Harold P. DePaoli and Raymond D. DePaoli all the state’s right, title and interest in and to 12.7 acres of land, more or less, such land being described as follows:

      Beginning at a quarter corner common to Sec. 34, Sec. 3, lying on the boundary common to T. 17 N., R. 24 E. and T. 16 N., R. 24 E.; thence north 760 ft. to the center of a canal; thence in an east and south direction on the center line of the canal to its intersection with the center of the track of the Southern Pacific Company; thence south 36°, west 160 ft. to the line common between T. 17 N., 24 E. and T. 16 N., R. 24 E., thence west 1,460 ft. to the point of beginning; subject to the easement of the Southern Pacific Company.

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

 

________

 

 

CHAPTER 260, SB 83

Senate Bill No. 83–Committee on Aviation, Transportation and Highways

CHAPTER 260

AN ACT to amend NRS section 482.270, relating to license plates, by providing that the director of the department of motor vehicles may assign additional letters for license plates in Clark and Washoe counties; and by providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 482.270 is hereby amended to read as follows:

      482.270  1.  The director shall order the preparation of motor vehicle license plates with no other colors than blue and silver, the same to be alternated one upon the background and the other upon the letters and numbers in alternate issues of license plates. The director may, in his discretion, substitute a white enamel when no suitable material is available.

      2.  The director may determine and vary the size, shape and form and the material of which license plates shall be made, but each license plate shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight.

      3.  Every license plate shall have displayed upon it the registration number assigned to the vehicle and to the owner thereof, and the name of the state, which may be abbreviated, and the year for which issued.

      4.  The registration numbers assigned shall be coded by counties and consecutively numbered. The code letters shall be at the left of the number plate, according to counties, as follows: Churchill, CH; Clark, C; Douglas, DS; Elko, EL; Esmerelda, ES; Eureka, EU; Humboldt, HU; Lander, LA; Lincoln, LN; Lyon, LY; Mineral, MN; Nye; NY; Ormsby, OR; Pershing, PE; Storey, ST; Washoe, W; White Pine, WP. Prefix letters which do not duplicate nor conflict with the foregoing code letters may be reserved by the department for number plates assignable to dealers, exempt vehicles, motorcycles, trailers and trucks, as may be determined; but the letters I and Q shall not be used for any vehicle.


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

ê1961 Statutes of Nevada, Page 420 (Chapter 260, SB 83)ê

 

plates assignable to dealers, exempt vehicles, motorcycles, trailers and trucks, as may be determined; but the letters I and Q shall not be used for any vehicle. Following the county code, or special prefix letter, a series of five or fewer numerals, commencing with 1 to 99,999, shall be used for each county as the need may be. The director may assign an additional letter, excluding H, I, O, P, Q and U, to follow the county code letter in Clark and Washoe counties at any time the number of registrations in such counties requires an additional letter.

 

________

 

 

CHAPTER 261, SB 47

Senate Bill No. 47–Committee on Public Health

CHAPTER 261

AN ACT to amend chapter 630 of NRS, relating to medicine, surgery and obstetrics, by adding a new section authorizing the board of medical examiners to issue permits to qualified individuals to serve as professional employees of the state department of health and establishing qualifications for such individuals; and providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  Chapter 630 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The board may issue a permit to any qualified applicant to serve as a professional employee of the state department of health subject to the provisions of this section.

      2.  The holder of a permit shall:

      (a) Practice medicine, surgery and allied specialties only as an employee of the state department of health under the supervision of the state health officer.

      (b) Be a citizen of the United States, or a citizen of Canada who has declared his intention to become a citizen of the United States, and a graduate of an accredited medical school of the United States or Canada, as judged by the board.

      (c) Be of good moral character.

      3.  Before granting any permit to an individual the board shall have in its possession a letter from the state health officer requesting issuance of a permit to that individual to serve as an employee of the state department of health.

      4.  Such permits shall be issued at the meetings of the board, but the president and the secretary of the board may jointly issue permits between meetings of the board, subject to approval at the next meeting of the board.

      5.  The duration of each permit shall be determined by the board, but shall in no case be in excess of 1 year. One renewal only of a permit for a term not to exceed 1 year may be granted by the board.


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

ê1961 Statutes of Nevada, Page 421 (Chapter 261, SB 47)ê

 

      6.  A permit to serve as an employee of the state department of health does not entitle the holder to engage in the private practice of medicine, surgery or obstetrics as defined in this chapter.

      7.  Any permit granted pursuant to this section may be revoked by the board at any time for reasons deemed sufficient by the board.

      8.  The board may adopt and enforce rules and regulations for carrying out the purposes of this section, subject to the provisions of this section.

      9.  The issuance of a permit to serve as an employee of the state department of health in no way obligates the board to grant any regular license for the practice of medicine, surgery and allied specialties in Nevada.

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

 

________

 

 

CHAPTER 262, SB 119

Senate Bill No. 119–Committee on Judiciary (by request)

CHAPTER 262

AN ACT to amend NRS section 31.190, relating to undertaking by defendant in attachment proceedings, by reducing the amount of such undertaking to the amount claimed by plaintiff plus 25 percent or double the value of the property, whichever is the lesser.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 31.190 is hereby amended to read as follows:

      31.190  1.  On granting such order, the court or the judge shall require an undertaking on behalf of the defendant, with at least two sureties, residents and freeholders, or householders, in the county, which shall be filed:

      (a) To the effect, in case the value of the property or the amount of money, debts, or credits sought to be released shall equal or exceed the amount claimed by the plaintiff in the complaint, that the defendant will pay to the plaintiff the amount of the judgement which may be recovered in favor of the plaintiff on the action not exceeding the sum specified in the undertaking, which shall be [at least double] the amount so claimed by the plaintiff, plus 25 percent, and in the money or currency of the contract; or

      (b) To the effect, in case the value of the property or the amount of money, debts, or credits sought to be released shall be less than the amount so claimed by the plaintiff, that the defendant will pay the amount of such judgement, to the extent of the value of the property, or amount of money, debts, or credits sought to be released, not exceeding the sum specified in the undertaking, which shall be at least double the amount of such property, money, debts or credits, or the amount so claimed by the plaintiff, whichever amount is the lesser, and in the money or currency of the contract.


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

ê1961 Statutes of Nevada, Page 422 (Chapter 262, SB 119)ê

 

      2.  The value of the property sought to be released, if disputed, shall be determined, in the money or currency of the contract, by the court or judge thereof, upon proof or by a sworn appraiser or sworn appraisers, not exceeding three, to be appointed by the court or judge for that purpose.

      3.  Before filing the undertaking, the defendant shall serve a copy thereof upon the plaintiff, and if the plaintiff require a justification by the sureties, he shall give notice thereof to the defendant within 2 days; or at the time of giving notice of motion for an order to discharge the attachment, the defendant my in his notice name the sureties, and if the plaintiff require them to justify he shall give notice thereof at the hearing of the motion. If required, the sureties shall justify before the court in which the suit is pending, or the judge thereof, after reasonable notice.

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

 

________

 

 

CHAPTER 263, AB 99

Assembly Bill No. 99–Committee on Judiciary (by request of the Statute Revision Commission)

CHAPTER 263

AN ACT to amend NRS sections 517.230 and 517.280, relating to affidavits and certificates concerning mining locations and labor and improvements, by eliminating a conflict between the provisions of such sections relating to verification; by providing for the filing of a statement witnessed by two persons in lieu of an affidavit; and by providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 517.280 is hereby amended to read as follows:

      517.280  Certificates of location [and certificates of labor and improvements necessary to hold claims] need not be sworn to, and are not required to be in any specified form nor to state facts in any specific order, but must truly state the required facts.

      Sec. 2.  NRS 517.230 is hereby amended to read as follows:

      517.230  1.  Within 60 days after the performance of labor or making of improvements required by law to be performed or made upon any mining claim annually, the person in whose behalf such labor was performed or improvements made, or someone in his behalf, shall make and have recorded by the mining district recorder or the county recorder, in books kept for that purpose in the mining district or county in which such mining claim is situated, an affidavit or a statement in writing subscribed by such person and two competent witnesses setting forth:

      (a) The amount of money expended, or value of labor or improvements made, or both.

      (b) The character of expenditures or labor or improvements.


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

ê1961 Statutes of Nevada, Page 423 (Chapter 263, AB 99)ê

 

      (c) A description of the claim or part of the claim affected by such expenditures or labor or improvements.

      (d) The year for which such expenditures or labor or improvements were made and the dates on which they were made.

      (e) The name of the owner or claimant of the claim at whose expense the same was made or performed.

      (f) The names of the persons, corporations, contractors or subcontractors who performed the work or made the improvements.

      2.  The affidavit [,] or statement, or a copy thereof, duly certified by the county recorder shall be prima facie evidence of the performance of such labor or the making of such improvements, or both.

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

 

________

 

 

CHAPTER 264, AB 143

Assembly Bill No. 143–Mr. Romeo

CHAPTER 264

AN ACT to amend NRS sections 4.370 and 171.300, relating to the jurisdiction of justices’ courts and the taking of arrested persons before the nearest magistrate, by providing justices’ courts with extended jurisdiction over Nevada highway patrol arrests; by providing authority for members of the Nevada highway patrol to take arrested persons before the nearest magistrate having jurisdiction; and by providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 4.370 is hereby amended to read as follows:

      4.370  1.  Justices’ courts shall have jurisdiction of the following actions and proceedings:

      (a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $300.

      (b) In actions for damages for injury to the person, or for taking, detaining, or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or possession of the same, if the damage claimed does not exceed $300.

      (c) In actions for a fine, penalty, or forfeiture, not exceeding $300, given by statute, or the ordinance of an incorporated or unincorporated city where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll, or municipal fine.

      (d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $300, though the penalty may exceed that sum.

      (e) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $300.

      (f) In actions to recover the possession of personal property if the value of such property does not exceed $300.


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

ê1961 Statutes of Nevada, Page 424 (Chapter 264, AB 143)ê

 

      (g) To take and enter judgement on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $300.

      (h) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists.

      (i) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, in which case the proceeding shall be as prescribed by NRS upon that subject.

      (j) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $300.

      (k) Concurrent jurisdiction with the district courts of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $300.

      2.  The jurisdiction conferred by this section shall not extend to civil actions, in which the title of real property or mining claims, or questions affecting the boundaries of land, are involved; and if questions of title to real property to be involved, cases involving such questions shall be disposed of as provided in NRS.

      3.  Justices’ courts shall have jurisdiction of the following public offenses, committed within the respective counties in which courts are established:

      (a) Petit larceny.

      (b) Assault and battery, not charged to have been committed upon a public officer in the discharge of his duties, or with intent to kill.

      (c) Breaches of the peace, riots, affrays, committing a willful injury to property, and all misdemeanors punishable by fine not exceeding $500, or by imprisonment not exceeding 6 months, or by both such fine and imprisonment.

      4.  [In] Except as provided in subsection 5, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.

      5.  In the case of any arrest made by a member of the Nevada highway patrol pursuant to the duties prescribed by NRS 481.180, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.

      Sec. 2.  NRS 171.300 is hereby amended to read as follows:

      171.300  [When]  1.  Except as provided in subsection 2, when an arrest is made without a warrant by a peace officer or private person, the person arrested must, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the arrest is made, and a complaint, stating the charge against the person, must be laid before such magistrate.

      2.  When an arrest is made without a warrant by a member of the Nevada highway patrol pursuant to the duties prescribed by NRS 481.180, the person arrested must, without unnecessary delay, be taken before the nearest or most accessible magistrate having jurisdiction, and a complaint, stating the charge against the person, must be laid before such magistrate.

 

________

 

 


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

ê1961 Statutes of Nevada, Page 425ê

 

CHAPTER 265, AB 294

Assembly Bill No. 294–Miss Frazier

CHAPTER 265

AN ACT to amend NRS sections 284.345 to 284.360, inclusive, relating to leaves of public employees, by providing that leaves of officers and members of the faculty of the University of Nevada shall be governed by rules and regulations prescribed by the president of the University subject to the approval of the board of regents of the University; and by providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 248.345 is hereby amended to read as follows:

      284.345  [The]1.  Except as provided in subsection 2, the director shall prescribe rules and regulations for attendance and leaves with or without pay or reduced pay in the various classes of positions in the public service.

      2.  The president of the University of Nevada shall, subject to the approval of the board of regents of the University of Nevada, prescribe rules and regulations for attendance and for leave with or without pay or with reduced pay, sabbatical leave, sick leave, emergency leave, annual leave, terminal leave, military leave and such other leave as the president and board of regents determine to be necessary or desirable for officers and members of the faculty of the University of Nevada. Sabbatical leave with pay shall not be granted to more than 2 percent of the teaching personnel of the university of the rank of instructor or higher in any 1 year, and no sabbatical leave with pay shall be granted unless the person requesting such leave agrees in writing with the university to return to the university after such leave for a period not less than that required by his most recent contract of employment with the university if the university desires his continued service.

      Sec. 2.  NRS 284.350 is hereby amended to read as follows:

      284.350  1.  [All] Except as provided in subsection 2, all employees in the public service, whether in the classified or unclassified service, shall be entitled to annual leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year not to exceed 30 working days. The state department of personnel may by regulation provide for additional annual leave for long-term employees, and for prorated annual leave for part-time employees.

      2.  Officers and members of the faculty of the University of Nevada shall be entitled to annual leave as provided by the rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.

      3.  If an employee dies and was entitled to accumulated annual leave under the provisions of this chapter, the heirs of the deceased employee who are given priority to succeed to his assets under the laws of intestate succession of this state, or the executor or administrator of his estate, upon submitting satisfactory proof to the director of their entitlement, shall be paid an amount of money equal to the number of days of earned or accrued annual leave multiplied by the daily salary or wages of such deceased employee.


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ê1961 Statutes of Nevada, Page 426 (Chapter 265, AB 294)ê

 

their entitlement, shall be paid an amount of money equal to the number of days of earned or accrued annual leave multiplied by the daily salary or wages of such deceased employee.

      [3.]4.  No elected state officer shall be paid for accumulated annual leave upon termination of his service.

      [4.]5.  During the first 6 months of employment of any employee in the public service, annual leave shall accrue as provided in subsection 1, but no annual leave shall be taken during such period.

      [5.]6.  No employee in the public service shall be paid for accumulated annual leave upon termination of employment unless he has been employed for 6 months or more.

      Sec. 3.  NRS 284.355 is hereby amended to read as follows:

      284.355  [All]1.  Except as provided in subsection 2, all employees in the public service, whether in the classified or unclassified service, shall be entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year not to exceed 90 working days. The state department of personnel may by regulation provide for additional sick and disability leave for long-term employees, and for prorated sick and disability leave for part-time employees.

      2.  Officers and members of the faculty of the University of Nevada shall be entitled to sick and disability leave as provided by the rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.

      Sec. 4.  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.] Officers and members of the faculty of the University of Nevada may be granted leaves of absence without pay as provided by the rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.

 

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ê1961 Statutes of Nevada, Page 427ê

 

CHAPTER 266, AB 307

Assembly Bill No. 307–Clark County Delegation

CHAPTER 266

AN ACT to amend Title 48 of NRS, relating to water, by creating a new chapter relating to flood control districts; by providing definitions of certain words and terms; by providing the method for the organization of such districts, the methods of financing, the levy of taxes and the issuance of bonds; by providing for the inclusion and exclusion of property and the method of dissolving a district; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  Title 48 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 70, inclusive, of this act.

      Sec. 2.  This chapter shall be known and may be cited as the Flood Control District Law.

      Sec. 3.  1.  It is hereby declared as a matter of legislative determination that the organization of districts having the purposes, powers, rights, privileges and immunities provided in this chapter will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the State of Nevada; that the acquisition, improvement, maintenance and operation of any project authorized in this chapter is in the public interest and constitutes a part of the established and permanent policy of the State of Nevada; and that each district organized pursuant to the provisions of this chapter shall be a body corporate and politic and a quasi-municipal corporation. For the accomplishment of these purposes the provisions of this chapter shall be broadly construed.

      2.  It is hereby further declared as a matter of legislative determination that the notice provided for in this chapter for each hearing and action to be taken is reasonably calculated to inform the parties of all proceedings which may directly and adversely affect their legally protected interest.

      3.  Nothing in this chapter shall be construed to interfere with or conflict with or limit the functions and responsibilities of:

      (a) The state department of health as provided by law.

      (b) The state engineer as provided by law, and in case of conflict between the provisions of this chapter and such other law, the provisions of such other law shall prevail.

      Sec. 4.  As used in this chapter the following words or phrases are defined as follows:

      1.  “Acquisition,” “acquire” and “acquiring” each means acquisition, extension, alteration, reconstruction, repair or other improvement by purchase, construction, installation, reconstruction, condemnation, lease, rent, gift, grant, bequest, devise, contract or other acquisition, or any combination thereof.

      2.  “Board” means the board of directors of a district.


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ê1961 Statutes of Nevada, Page 428 (Chapter 266, AB 307)ê

 

      3.  “District” means any flood control district organized or, in the case of organizational provisions, proposed to be organized, pursuant to this chapter.

      4.  “Mail” means a single mailing, first class (or its equivalent), postage prepaid, by deposit in the United States mails, at least 15 days prior to the designated time or event.

      5.  “Project” and “improvement “ each means any structure, facility, undertaking or system which a district is authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property, including but not limited to land, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.

      6.  “Publication” means publication at least once a week for 3 consecutive weeks by three weekly insertions in at least one newspaper of general circulation in the district. It shall not be necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but the first publication shall be at least 15 days prior to the designated time or event.

      7.  “Shall” is mandatory and “may” is permissive.

      8.  “Taxpaying elector” means a person who is qualified to vote at general elections in this state, and who, or whose spouse, is obligated as an owner or as a contract purchaser at a designated time or event to pay a general tax on real property within the district. Registration pursuant to the election (or any other) statutes is not required. Residence in the county is not required.

      Sec. 5.  For the purpose of computing any period of time prescribed in this chapter, the day of the first publication, or other designated time, shall be excluded and the day of the last publication, or other designated action or time, shall be included.

      Sec. 6.  In any case where a notice is provided for in this chapter, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or abated; but the court shall order due notice to be given and shall continue the hearing until such time as notice is properly given, and thereupon shall proceed as though notice had been properly given in the first instance.

      Sec. 7.  This chapter, without reference to other statutes of the state, except as specifically provided in this chapter, shall constitute full authority for the authorization and issuance of bonds hereunder. No other law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized by this chapter to be done shall be construed as applying to any proceedings taken under this chapter or acts done pursuant thereto, it being intended that this chapter shall provide a separate method of accomplishing its objectives, and not an exclusive one; and this chapter shall not be construed as repealing, amending or changing any such other law.


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ê1961 Statutes of Nevada, Page 429 (Chapter 266, AB 307)ê

 

      Sec. 8.  This chapter, being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to effect its purposes.

      Sec. 9.  If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

      Sec. 10.  A district may:

      1.  Consist of one contiguous area or of two or more noncontiguous areas.

      2.  Include all or part of municipal corporations and other political subdivisions.

      Sec. 11.  1.  The board of county commissioners of any county having a population of 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, is hereby vested with jurisdiction, power and authority to create districts.

      2.  No member of a board of county commissioners or board of directors shall be disqualified to perform any duty imposed by this chapter by reason of ownership of property within any proposed district.

      Sec. 12.  (This section deleted by amendment.)

      Sec. 13.  1.  The organization of a district shall be initiated by the adoption of an ordinance by the board of county commissioners, which ordinance is in this chapter sometimes designated the “initiating ordinance.”

      2.  The initiating ordinance shall set forth:

      (a) The name of the proposed district, consisting of a chosen name preceding the words “Flood Control District.”

      (b) A statement of the necessity for such district and the general purposes for which the district is proposed to be created.

      (c) A statement that improvements of the district will not interfere with or affect vested water rights.

      (d) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable a property owner to determine whether or not his property is within the district.

      (e) The place and time for the hearing on the creation of the district.

      Sec. 14.  After such initiating ordinance has been adopted by the board of county commissioners, the county clerk shall give notice by publication of the intention of the board of county commissioners to establish such district, which notice shall set forth the name, statement of purposes, general description and time and place of hearing.

      Sec. 15.  1.  Any taxpaying elector within the district may, on or before the date fixed, protest against the establishment of such district, in writing, which protest shall be filed with the county clerk.

      2.  If, at or before the time fixed in the initiating ordinance and notice, written protest is filed, signed by 51 percent or more of the taxpaying electors within such proposed district, the district shall not be established.


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ê1961 Statutes of Nevada, Page 430 (Chapter 266, AB 307)ê

 

notice, written protest is filed, signed by 51 percent or more of the taxpaying electors within such proposed district, the district shall not be established.

      3.  If any written protests are filed and the board of county commissioners determines that the protests so filed represent less than 51 percent of the taxpaying electors in the district, the board of county commissioners, in its discretion, may proceed with the creation of the district. If the board of county commissioners does so proceed, the ordinance of the board of county commissioners creating the district, for which provision is made in this chapter, shall contain a recital as to the percentage of protest and such recital shall be binding and conclusive for all purposes.

      Sec. 16.  1.  At the place, date and hour specified for the hearing in the notice or at any subsequent time to which the hearing may be adjourned, the board of county commissioners shall give full consideration to all protests which may have been filed and shall hear all persons desiring to be heard and shall thereafter adopt an ordinance either creating the district or determining that it shall not be created.

      2.  Any ordinance creating a district may contain such changes as may be considered by the board of county commissioners to be equitable and necessary.

      Sec. 17.  1.  Except as otherwise provided in subsection 2, the adoption of the ordinance creating the district shall finally and conclusively establish the regular organization of the district against all persons, which district shall thenceforth be a governmental subdivision of the State of Nevada, a body corporate and politic and a quasi-municipal corporation.

      2.  Within 30 days immediately following the effective date of such ordinance any person who has filed a written protest, as provided in section 15 of this act, shall have the right to commence an action in any court of competent jurisdiction to set aside such determination. Thereafter all actions or suits attacking the regularity, validity and correctness of that ordinance and all proceedings, determinations and instruments taken, adopted or made prior to such ordinance’s final passage shall be perpetually barred.

      3.  Within 30 days after the effective date of the ordinance creating the district, the county clerk shall:

      (a) File a copy of the ordinance in his office and shall cause to be filed an additional copy of the ordinance in the office of the secretary of state, which filings shall be without fee and be otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.

      (b) File with the county recorder a map showing the boundaries of the district.

      Sec. 18.  Necessary costs incurred in connection with the organization of the district may be paid by the board of county commissioners from any available funds or may be advanced by the board of county commissioners. Reimbursement for advances shall subsequently be made by the district.


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ê1961 Statutes of Nevada, Page 431 (Chapter 266, AB 307)ê

 

      Sec. 19.  A district shall be governed by a board of directors consisting of the members of the board of county commissioners of the county.

             Sec. 20.  1.  The board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary of the board and of the district, who may or may not be a member of the board.

      2.  The county treasurer shall be the treasurer of the board and of the district.

      3.  The secretary shall keep, in a well-bound book, a record of all of the board’s proceedings, minutes of all meetings, certificates, contracts, bonds given by employees, and all corporate acts, which book shall be open to inspection of all owners of real property in the district as well as to all other interested persons.

      4.  The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district, in permanent records.

      5.  No member of the board shall receive compensation for his services, but members shall be reimbursed for their necessary expenses in attending district meetings and for necessary expenses incurred in traveling within and without the state when required to carry out the affairs of the district.

      Sec. 21.  1.  The board shall meet regularly at least once each year, and at such time or times and at such regular meeting place within the district as it shall by resolution determine.

      2.  Special meetings may be held on notice to each member of the board as often as, and at such place or places within the district as, the needs of the district require.

      3.  A majority of the members of the board shall constitute a quorum at any meeting.

      Sec. 22.  For and on behalf of the district the board shall have the powers enumerated in sections 23 to 39, inclusive.

      Sec. 23.  The board may:

      1.  Acquire, construct, improve, extend, maintain and operate projects, improvements and facilities for the control of flood and storm waters of the district and the flood and storm waters of streams which have their sources outside of the district, but which streams and the flood waters thereof flow into the district.

      2.  Conserve such waters for beneficial and useful purposes by spreading, storing, retaining and causing such waters to percolate into the soil within or without the district.

      3.  Save and conserve in any manner all or any of such waters and protect from such floods or storm waters the water courses, watersheds, public highways, life and property in the district.

      4.  Prevent waste of water or diminution of the water supply in, or the exportation of water from, the district.

      5.  Obtain, retain and reclaim drainage, storm, flood and other waters for beneficial use of the district.

      Sec. 24.  Subject to the limitations of this chapter, the board shall have perpetual existence.


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ê1961 Statutes of Nevada, Page 432 (Chapter 266, AB 307)ê

 

      Sec. 25.  The board shall have the power to have and use a corporate seal.

      Sec. 26.  The board shall have the power to sue and be sued, and be a party to suits, actions and proceedings.

      Sec. 27.  The board shall have the power to take by grant, purchase, gift, devise or lease, or otherwise, and hold, use, enjoy and lease, or dispose of real or personal property of every kind within or without the district necessary or proper to carry out any of the objects or purposes of this chapter, and to complete, extend, add to, repair or otherwise improve any works or improvements or any property acquired by the district as authorized by this chapter.

      Sec. 28.  The board shall have the power:

      1.  To store floodwater in surface or underground reservoirs within or without the district for the common benefit of the district.

      2.  To conserve and reclaim floodwaters for present and future use within the district.

      3.  Subject to the limitations contained in this chapter, to appropriate and acquire water and water rights, and import water into the district and conserve the same within or without the district for any useful flood control purpose.

      4.  To commence, maintain, intervene in and compromise, in the name of the district or otherwise, and assume the costs and expenses of any action or proceeding involving or affecting ownership or use of water or water rights within the district used or useful for any district purpose.

      5.  To commence, maintain, intervene in, determine, compromise, and assume the costs and expenses of any action or proceeding involving the wasteful use of water in the district.

      6.  To prevent unlawful exportation of water from the district.

      7.  To prevent contamination and pollution of the surface or subsurface waters used in the district.

      8.  To commence, maintain and defend actions and proceedings to prevent interference with waters used in the district as may endanger and damage the inhabitants, lands or use of water in the district; but the board shall not have the power to intervene or take part in, or to pay the costs and expenses of, actions or proceedings between the owners of lands or water rights within the boundaries of the district which do not involve taking water outside or away from the district.

      Sec. 29.  Subject to the limitations contained in this chapter, the board shall have the power to exercise the right of eminent domain within the district, in the manner provided by law for the condemnation of property for public use, for the purpose of taking any property necessary to carry out any objects or purposes of this chapter.

      Sec. 29.5.  Any water acquired by the district shall be used only in replenishing the water basin of the area contained in the district.

      Sec. 30.  It is hereby declared that the use of the property, lands, rights-of-way, easements or materials which may be condemned, taken or appropriated under the provisions of this chapter is a public use subject to the regulation and control of the state in the manner prescribed by law; but nothing in this chapter shall be deemed to authorize any district or person to divert the waters of any river, creek, stream, irrigation system, canal or ditch from its channel to the detriment of any person having any interest in such river, creek, stream, irrigation system, canal or ditch or the waters thereof or therein, unless previous compensation is first ascertained and paid therefor under the laws of this state authorizing the taking of private property for public use.


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ê1961 Statutes of Nevada, Page 433 (Chapter 266, AB 307)ê

 

authorize any district or person to divert the waters of any river, creek, stream, irrigation system, canal or ditch from its channel to the detriment of any person having any interest in such river, creek, stream, irrigation system, canal or ditch or the waters thereof or therein, unless previous compensation is first ascertained and paid therefor under the laws of this state authorizing the taking of private property for public use.

      Sec. 31.  The board shall have the power:

      1.  To enter upon any land to make surveys and locate the necessary works of improvements and the lines for channels, conduits, canals, pipelines, roadways and other rights-of-way.

      2.  To acquire, by purchase, lease, contract, condemnation or other legal means, all lands and water and water rights and other property necessary or convenient for the construction, use, supply, maintenance, repair and improvement of such works, including works constructed or being constructed by private owners, lands for reservoirs for storage of necessary water, and all necessary appurtenances.

      3.  To enter into agreements with and do any acts necessary or proper for the performance of any agreements with the United States, or any state, county, district of any kind, public or private corporation, association, firm or individual, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance or repair or operation to any rights, works or other property of any kind which might be lawfully acquired or owned by the district.

      4.  To acquire the right to store water in any reservoir, or carry water through any canal, ditch or conduit not owned or controlled by the district.

      5.  To grant to any owner or lessee the right to the use of any water or the right to store such water in any reservoir of the district, or to carry such water through any tunnel, canal, ditch or conduit of the district.

      6.  To enter into and do any act necessary or proper for the performance of any agreement of the district of any kind with a public or private corporation, association, firm or individual, or any number of them, or the transfer or delivery to any such district, corporation, association, firm or individual of any water, water right or water supply stored, appropriated or otherwise acquired or stored for the use of the district, or for the purpose of exchanging the same for other water, water rights or water supply in exchange for water, water rights or water supply to be delivered to the district by the other party to the district.

      7.  Cooperate with and act in conjunction with the State of Nevada, or any of its engineers, officers, boards, commissions, departments or agencies, or with the United States Government or any of its engineers, officers, boards, commissions, departments or agencies, or with any public or private corporation, in the construction of any work for the controlling of flood or storm waters of the district, or for the protection of life or property therein, or for the purpose of conserving such waters for the beneficial use within the district, or for any other works, acts or for purposes provided for herein, and to adopt and carry out any definite plan or system of work for any such purpose.


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ê1961 Statutes of Nevada, Page 434 (Chapter 266, AB 307)ê

 

works, acts or for purposes provided for herein, and to adopt and carry out any definite plan or system of work for any such purpose.

      Sec. 32.  The board shall have the power:

      1.  To carry on technical and other investigations of all kinds.

      2.  To make measurements, collect data, make analyses, studies and inspections pertaining to control of floods and use of floodwater.

      3.  To engage in research.

      4.  To participate or cooperate with local, state and federal agencies or private or public corporations in the development of such new techniques or processes as may apply to the field of water management, both within and without the district.

      Sec. 33.  The board shall have the power to operate, maintain and repair the improvements acquired by the district.

      Sec. 34.  1.  Except as otherwise provided in this chapter, the board shall have the power to enter into contracts and agreements affecting the affairs of the district, including but not limited to contracts with the United States of America and any of its agencies or instrumentalities and contracts with any municipality or district for the operation of a common or jointly owned project.

      2.  Any improvement or improvements of any nature made in any district where the entire cost, value or amount of such work, including labor and materials, exceeds $1,000, except such work done by employees of the district with supplies and materials purchased by it as provided in subsection 3, or except by labor or supplies and materials, or all of such, supplied under agreement with the United States of America, the State of Nevada, or any federal or state agency, instrumentality or corporation, or other political subdivision, shall be done only under independent contract to be entered into by the district with the lowest responsible bidder submitting the lowest and best bid upon proper terms after due public notice by publication has been given asking for competitive bids. The board shall have the right to reject any and all bids and to waive any irregularity in any bid. Any contract may be let on a lump sum or unit basis. No contract shall be entered into for such work unless the contractor gives an undertaking with a sufficient surety or sureties approved by the board and in an amount fixed by the board for the faithful performance of the contract. Upon default in the performance of any contract, the proper official may advertise and relet the remainder of the work without further resolution and deduct the cost from the original contract price and recover any excess cost by suit on the original bond, or otherwise.

      3.  The board shall have the power to make any improvement, or portion thereof, in any district, directly by the officers, agents and employees of the district, with supplies and materials purchased or otherwise acquired therefor. All supplies and materials purchased by the board for any district (but not by a contractor) costing $500 or more shall be purchased only after notice by publication for competitive bids. The board shall accept the lowest bid, kind, quality and material being equal, but the board shall have the right to reject any and all bids, to waive any irregularity in any bid, and to select a single item from any bid.


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ê1961 Statutes of Nevada, Page 435 (Chapter 266, AB 307)ê

 

item from any bid. The provision as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturer’s authorized dealer.

      Sec. 35.  The board shall have the power to borrow money and incur indebtedness and other obligations and evidence the same by certificates, notes or debentures, and to issue bonds, in accordance with the provisions of this chapter.

      Sec. 36.  The board shall have the power to acquire, dispose of and encumber real and personal property, and any interest therein, including leases, easements and revenues derived from the operation thereof.

      Sec. 37.  1.  The board shall have the power:

      (a) To appoint a chief engineer and general manager who shall be a civil engineer registered pursuant to the provisions of chapter 625 of NRS.

      (b) To hire and retain agents, employees, servants, engineers and attorneys, and any other persons necessary or desirable to effect the purposes of this chapter.

      (c) To prescribe the duties of officers, agents, employees and servants, and fix their compensation.

      2.  All county officers, including the district attorney, the county surveyor, the county engineer, the county assessor, the county auditor and the county clerk, their deputies, assistants, clerks and other employees, shall act as ex officio officers, deputies, assistants, clerks and employees of the district. They shall, unless otherwise ordered by the board of county commissioners, perform the same various duties for the district as for the county.

      Sec. 38.  The board shall have the power to adopt and amend bylaws, not in conflict with the constitution and laws of the state, for carrying on the business, objects and affairs of the board and of the district.

      Sec. 39.  The board shall have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this chapter. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this chapter.

      Sec. 40.  In addition to the general powers granted in this chapter to the board, the board may cooperate with the United States, the State of Nevada, or any instrumentality, department, agency or political subdivision or municipal corporation of either in the construction, maintenance and operation of flood control projects. To that end, appropriate agreements may be entered into and the district may:

      1.  Acquire and provide without cost to the operating entity the land, easements and rights-of-way necessary for the construction of flood control projects.

      2.  Hold and save harmless the cooperating entity free from any claim for damages arising from the construction, maintenance and operation of flood control projects.

      3.  Maintain and operate all works in accordance with regulations prescribed by the cooperating entity.


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ê1961 Statutes of Nevada, Page 436 (Chapter 266, AB 307)ê

 

      4.  Establish and enforce flood channel limits and regulations, if any, satisfactory to the cooperating entity.

      Sec. 41.  1.  There is hereby granted to a district created pursuant to the provisions of this chapter the right-of-way for the construction and maintenance of flood control channels, ditches, waterways, conduits, canals, storm dikes, embankments and protective works, in, over and across public lands of the State of Nevada, not otherwise disposed of or in use, but not in any case exceeding the length or width necessary for the construction of such woks and adjuncts or for the protection thereof.

      2.  Whenever any selection of right-of-way for such works or adjuncts thereto is made by the district, the board shall transmit to the division of state lands of the state department of conservation and natural resources and to the county recorder of the county in which the selected lands are situated a plat of the lands so selected, giving the extent thereof and the uses for which the same are claimed or desired, verified to be correct.

      3.  If the division of state lands of the state department of conservation and natural resources shall approve the selection so made, approval shall be endorsed upon the plat and there shall be issued to the district a permit to use such rights-of-way and land.

      Sec. 42.  In case any street, road, highway, railroad, canal or other property subject or devoted to public use shall become subject to flood or other interference by reason of the construction or proposed construction of any works of the district, the board may acquire by agreement or condemnation the right so to flood or otherwise interfere with such property within or without the district, whether it be publicly or privately owned. If such right is acquired by condemnation proceedings, the judgement may, if the court finds that public necessity or convenience so requires, direct the district to relocate such street, road, highway, railroad, canal or other property in accordance with the plans prescribed by the court. If, by such judgement or agreement, the district shall be required to relocate any such street, road, highway, railroad, canal or other property subject or devoted to public use, the board shall have the power to acquire in the name of the district, by agreement or condemnation, all rights-of-way and other property necessary or proper for compliance with the agreement or judgement of condemnation, and thereafter to make such conveyance of such relocated street, road, highway, railroad, canal or other property as may be proper to comply with the agreement or judgement.

      Sec. 43.  1.  Any person desiring to make a connection to any storm water drain or flood control facility of the district or to cause storm waters to be emptied into any ditch, drain, canal, floodway or other appurtenant structure of the district shall first make application to the board to make the connection. The board may require the connection to be made in such manner as it may direct and may impose such reasonable connection fees as it deems proper, or, if reasonably justified by the circumstances, may refuse permission.


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ê1961 Statutes of Nevada, Page 437 (Chapter 266, AB 307)ê

 

      2.  Any person making a connection or causing flood waters to be so discharged without first having obtained permission is guilty of a misdemeanor.

      Sec. 44.  1.  The chief engineer and general manager shall have the authority, with the approval of the state department of conservation and natural resources, to investigate carefully the best plan or plans:

      (a) To control the flood and storm waters of the district and the flood and storm waters of streams that have their sources outside of the district, but which stream and flood waters thereof flow into the district; and

      (b) To conserve such waters for beneficial and useful purposes by spreading, storing, retaining, or causing to percolate into the soil within or without the district, or to save or conserve in any manner, any or all of such waters; and

      (c) To protect the watercourses, watersheds, public highways, life and property in the district from damage from such water,

and to obtain such other information in regard thereto as may be deemed necessary or useful in carrying out the purposes of this chapter.

      2.  The chief engineer and general manager shall make and file reports from time to time with the board, which reports shall show:

      (a) A general description of the work to be done on each project or work of improvements.

      (b) General plans, profiles, cross-sections and other general specifications of the work to be done on each project or work of improvement.

      (c) A general description of the lands, rights-of way, easements and property proposed to be taken, acquired or injured in the carrying out of such work.

      (d) An estimate of the cost of each project or works of improvements including:

             (1) An estimate of the cost of lands, rights-of-way, easements and property proposed to be taken, acquired or injured in carrying out such project or work of improvement.

             (2) An estimate of all incidental expenses likely to be incurred in connection therewith, including legal, clerical, engineering, superintendence, inspection, printing and advertising, and stating the total amount of bonds, if any, necessary to be issued to pay for the same.

             (3) A comparison of the total cost of the proposed works with an estimate of the cost of condemnation and relocation or replacement of property within the boundaries of the flood plain.

      3. The chief engineer and general manager shall, from time to time, as directed by the board, file with the board supplementary, amendatory and additional reports and recommendations as necessity and convenience may require.

      4.  The chief engineer and general manager may, subject to the control and direction of the board, employ such other engineers, surveyors and other persons required for making all surveys and doing any work necessary for the making of the reports.

      Sec. 45.  1.  After a district has been established, the board shall cause its chief engineer or qualified private engineers or consultants to make a survey of the flood control problems of the district and to prepare a report setting forth:

 


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ê1961 Statutes of Nevada, Page 438 (Chapter 266, AB 307)ê

 

cause its chief engineer or qualified private engineers or consultants to make a survey of the flood control problems of the district and to prepare a report setting forth:

      (a) A description of existing flood control facilities in the area.

      (b) Recommendations as to cooperation between the district and the owner or owners of such existing facilities.

      (c) Recommendations for the construction or other acquisition of facilities to carry out the purpose of the district, with a preliminary plan therefor.

      (d) A description of the property proposed to be acquired or damaged in the performance of work.

      (e) A map showing the district boundaries and location of the work proposed to be done.

      (f) Such other facts and information as the board may request.

      2.  Before submission to the board, the report shall be submitted to the state department of health for review of any portions concerning water pollution and shall then be submitted to the state department of conservation and natural resources for revision and comment and returned to the board. In the preparation of the report, the director of the state department of conservation and natural resources and the state department of health may assist in preliminary planning by:

      (a) The assignment of state technical, professional and administrative personnel.

      (b) Providing engineering and other planning data.

      (c) Acting as coordinating and liaison agents between the district and participating local, state and federal agencies.

      Funds expended in preliminary planning may, upon application to the director of the state department of conservation and natural resources and to the state department of health, be refunded, if funds for these purposes have been appropriated by the legislature.

      3.  The chief engineer for the district shall then prepare a comprehensive program of flood control, taking into consideration the recommendations submitted in the report. When a comprehensive program, satisfactory to the board, and after review by the director of the state department of conservation and natural resources is available, it shall be tentatively adopted. A public hearing on the proposed work shall be scheduled and notice of the hearing shall be given by publication. After hearing and any adjournments thereof which may be ordered, the board may either require changes to be made in the program as the board shall consider desirable or the board may approve the program as prepared. If changes are ordered a further hearing shall be held pursuant to notice which shall be given by publication.

      Sec. 46.  The board shall have power and authority to levy and collect general (ad valorem) taxes on and against all taxable property within the district, such levy and collection to be made by the board in conjunction with the county and its officers as set forth in this chapter.

      Sec. 47.  1.  To levy and collect taxes, the board shall determine, in each year, the amount of money necessary to be raised by taxation, and shall fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the district, will raise the amount required by the district annually to supply funds for paying expenses of organization and the costs of acquiring, operating and maintaining the works and equipment of the district, and promptly to pay in full, when due, all interest on and principal of general obligation bonds and other general obligations of the district.


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ê1961 Statutes of Nevada, Page 439 (Chapter 266, AB 307)ê

 

each year, the amount of money necessary to be raised by taxation, and shall fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the district, will raise the amount required by the district annually to supply funds for paying expenses of organization and the costs of acquiring, operating and maintaining the works and equipment of the district, and promptly to pay in full, when due, all interest on and principal of general obligation bonds and other general obligations of the district. In the event of accruing defaults or deficiencies, an additional levy may be made as provided in section 48 of this act.

      2.  The board shall certify to the board of county commissioners, at the same time as fixed by law for certifying thereto tax levies of incorporated cities, the rate so fixed with directions that at the time and in the manner required by law for levying taxes for county purposes such board of county commissioners shall levy such tax upon the assessed valuation of all taxable property within the district, in addition to such other taxes as may be levied by such board of county commissioners at the rate so fixed and determined.

      Sec. 48.  1.  The board, in certifying annual levies, shall take into account the maturing general obligation indebtedness for the ensuing year as provided in its contracts, maturing general obligation bonds and interest on such bonds, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof.

      2.  In case the moneys produced from such levies, together with other revenues of the district, are not sufficient punctually to pay the annual installments on such obligations, and interest thereon, and to pay defaults and deficiencies, the board shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be made and continue to be levied until the general obligation indebtedness of the district shall be fully paid.

      Sec. 49.  1.  The body having authority to levy taxes within each county shall levy the taxes provided in this chapter.

      2.  All officials charged with the duty of collecting taxes shall collect such taxes at the time and in the same form and manner, and with like interest and penalties, as other taxes are collected and when collected shall pay the same to the district ordering its levy and collection. The payment of such collections shall be made monthly to the treasurer of the district and paid into the depository thereof to the credit of the district.

      3.  All taxes levied under this chapter, together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same, shall constitute, until paid, a perpetual lien on and against the property taxed; and such lien shall be on a parity with the tax lien of other general taxes.

      Sec. 50.  If the taxes levied are not paid as provided in this chapter, the property subject to the tax lien shall be sold and the proceeds thereof shall be paid over to the district according to the provisions of the laws applicable to tax sales and redemptions.


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ê1961 Statutes of Nevada, Page 440 (Chapter 266, AB 307)ê

 

      Sec. 51.  Whenever any indebtedness has been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating a reserve fund in such amount as the board may determine, which may be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and provide extension of and betterments to the improvements of the district.

      Sec. 52.  1.  The boundary of any district organized under the provisions of this chapter may be changed in the manner prescribed in sections 53 and 54 of this act, but the change of boundaries of the district shall not impair nor affect its organization, nor shall it affect, impair or discharge any contract, obligation, lien or charge on which it or the property therein might be liable or chargeable had such change of boundaries not been made.

      2.  Property included within or annexed to a district shall be subject to the payment of taxes, assessments and charges, as provided in section 54 of this act. Real property excluded from a district shall thereafter be subject to the levy of taxes for the payment of its proportionate share of any indebtedness of the district outstanding at the time of such exclusion, and shall be subject to any outstanding special assessment lien thereon.

      Sec. 53.  1.  A fee owner of real property situate in the district, or the fee owners of any real properties which are contiguous to each other and which constitute a portion of the district may file with the board a petition praying that such lands be excluded and taken from the district.

      2.  Petitions shall:

      (a) Describe the property which the petitioners desire to have excluded.

      (b) State that the property is not capable of being served with facilities of the district, or would not be benefited by remaining in the district or by any future improvement it might make.

      (c) Be acknowledged in the same manner and form as required in case of a conveyance of land.

      (d) Be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings.

      3.  The secretary of the board shall cause a notice of filing of such petition to be published, which notice shall:

      (a) State the filing of such petition.

      (b) State the names of the petitioners.

      (c) Describe the property mentioned in the petition.

      (d) State the prayer of the petitioners.

      (e) Notify all persons interested to appear at the office of the board at the time named in the notice, showing cause in writing, if any they have, why the petition should not be granted.

      4.  The board at the time and place mentioned in the notice, or at the times to which the hearing of the petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person showing cause why the prayer of the petition should not be granted.


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ê1961 Statutes of Nevada, Page 441 (Chapter 266, AB 307)ê

 

      5.  The filing of such petition shall be deemed and taken as an assent by each and all such petitioners to the exclusion from the district of the property mentioned in the petition, or any part thereof.

      6.  The board, if it deems it not for the best interest of the district that the property mentioned in the petition, or portion thereof, by excluded from the district, shall order that the petition be denied in whole or in part, as the case may be.

      7.  If the board deems it for the best interest of the district that the property mentioned in the petition or some portion thereof be excluded from the district, the board shall order that the petition be granted in whole or in part, as the case may be.

      8.  There shall be no withdrawal from a petition after consideration by the board nor shall further objection be filed except in case of fraud or misrepresentation.

      9.  Upon allowance of such petition, the board shall file for record a certified copy of its ordinance making such change, as provided in section 17 of this act.

      Sec. 54.  The boundaries of a district may be enlarged by the inclusion of additional real property therein in the following manner:

      1.  The fee owner or owners of any real property capable of being served with facilities of the district may file with the board a petition in writing praying that such property be included in the district.

      2.  The petition shall:

      (a) Set forth an accurate legal description of the property owned by the petitioners.

      (b) State that assent to the inclusion of such property in the district is given by the signers thereto, constituting all the fee owners of such property.

      (c) Be acknowledged in the same manner required for a conveyance of land.

      3.  There shall be no withdrawal from a petition after consideration by the board nor shall further objections be filed except in case of fraud or misrepresentation.

      4.  The board shall hear the petition at an open meeting after publishing the notice of the filing of such petition, and of the place, time and date of such meeting, and the names and addresses of the petitioners. The board shall grant or deny the petition and the action of the board shall be final and conclusive. If the petition is granted as to all or any of the real property therein described, the board shall make an order to that effect, and file the same for record as provided in section 17 of this act.

      5.  After the date of its inclusion in such district, such property shall be subject to all of the taxes imposed by the district, and shall be liable for its proportionate share of existing general obligation bonded indebtedness of the district; but it shall not be liable for any taxes levied or assessed prior to its inclusion in the district.

      Sec. 55.  Upon the conditions and under the circumstances set forth in this chapter, a district may borrow money and issue the following securities to evidence such borrowing:

      1.  Short-term notes.


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ê1961 Statutes of Nevada, Page 442 (Chapter 266, AB 307)ê

 

      2.  General obligation bonds.

      Sec. 56.  1.  A district, upon the affirmative vote of a majority of the board, is authorized to borrow money without an election in anticipation of the collection of taxes or other revenues and to issue short-term notes to evidence the amount so borrowed.

      2.  Such short-term notes:

      (a) Shall be payable from the fund for which the money was borrowed.

      (b) Shall mature before the close of the fiscal year in which the money is so borrowed.

      (c) Shall not to be extended or funded except in compliance with sections 57 to 62, inclusive, of this act.

      Sec. 57.  1.  To carry out the purposes of this chapter, the board is authorized to issue general obligation negotiable coupon bonds of the district.

      2.  Bonds shall:

      (a) Bear interest at a rate not exceeding 6 percent per annum, payable semiannually.

      (b) Be due and payable serially, either annually or semiannually, commencing not later than 3 years and extending not more than 40 years from date.

      (c) Be in such denominations as the board determines and the bonds and coupons thereto attached shall be payable to bearer.

      (d) Be executed in the name of and on behalf of the district and signed by the chairman of the board with the seal of the district affixed thereto and attested by the secretary of the board.

      3.  Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature. Interest coupons shall bear the original or facsimile signature of the chairman of the board.

      4.  The form and terms of the bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, such bonds may be redeemable prior to maturity upon payment of a premium, not exceeding 4 percent of the principal thereof.

      Sec. 58.  1.  Whenever any board determines, by resolution, that 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 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 $1,000 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.


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ê1961 Statutes of Nevada, Page 443 (Chapter 266, AB 307)ê

 

      2.  Any such election may be held separately, or may be consolidated or held concurrently with any primary or general election.

      3.  The declaration of public interest or necessity required by this section 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:

      (a) 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.

      (b) 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.

      (c) 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, three officers of such election, one of whom shall act as clerk.

      Sec. 59.  The board shall prescribe the form of the notice of election, and direct the publication of the same, the first publication of the notice to be not less than 15 days prior to the election.

      Sec. 60.  1.  The election board or boards shall conduct the election in the manner prescribed by law for the holding of general elections, and shall make their returns to the secretary of the district.

      2.  At any regular or special meeting of the board held within 5 days following the date of such election, the returns thereof shall be canvassed and the results thereof declared.

      Sec. 61.  1.  If it appears from the returns that a majority of the qualified taxpaying electors of the district who have voted on any proposition submitted under the provisions of sections 57 to 62, inclusive, of this act at such election voted in favor of such proposition, the district shall thereupon be authorized to incur such indebtedness or obligations, enter into such contract or issue and sell such bonds of the district, as the case may be, all for the purpose or purposes and object or objects provided for in the proposition submitted and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in such resolution.

      2.  Submission of the proposition of incurring such obligation or bonded or other indebtedness at such an election shall not prevent or prohibit submission of the same or other propositions at subsequent election or elections called for such purpose.

      Sec. 62.  The provisions of sections 57 to 62, inclusive, of this act are hereby declared to be implementary to the provisions of NRS 350.080 to 350.200, inclusive and NRS 350.250, concerning bonds issued by counties, cities, towns and other municipal corporations, and those provisions are applicable to any bond issue under sections 57 to 62, inclusive, of this act, but in the event of conflict the provisions of sections 57 to 62, inclusive, shall be controlling.

      Sec. 63.  1.  Subject to any contractual limitations binding upon the holders of any issue or series of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion, percentage or number of such holders, any holder of bonds, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of bonds similarly situated:

 


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ê1961 Statutes of Nevada, Page 444 (Chapter 266, AB 307)ê

 

the holders of any issue or series of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion, percentage or number of such holders, any holder of bonds, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of bonds similarly situated:

      (a) By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the district and its board and any of its officers, agents and employees and to require and compel the district or its board or any such officers, agents or employees to perform and carry out its and their duties, obligations or other commitments under this chapter and its and their covenants and agreements with the bondholders;

      (b) By action or suit in equity to require the district and its board to account as if they were the trustee of an express trust;

      (c) By action or suit in equity to have appointed a receiver, which receiver may enter and take possession of any projects;

      (d) By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders; and

      (e) To bring suit upon the bonds.

      2.  No right or remedy conferred by this chapter upon any holder of bonds or any trustee therefor is intended to be exclusive of other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law.

      3.  The failure of any bondholder so to proceed as provided in this section shall not relieve the district, its board, or any of its officers, agents and employees of any liability for failure to perform or carry out any duty, obligation or other commitment.

      Sec. 64.  1.  Any bonds issued under this chapter may be refunded without an election pursuant to a resolution or resolutions to be adopted by the board in the manner provided in this chapter for the issuance of other bonds, subject to any contractual limitations.

      2.  Refunding bonds so issued may be sold at public or private sale or may be exchanged dollar for dollar for the bonds to be refunded. If sold, the proceeds of sale may be escrowed for the payment of the bonds to be refunded in such manner as may be provided in the resolution authorizing the refunding bonds.

      Sec. 65.  Whenever a majority of the members of the board of county commissioners of any such county deem it to be in the best interests of the county and of the district that any such district be dissolved, it shall so determine by ordinance, after there is first found and determined and recited in such ordinance that all outstanding indebtedness and bonds of all kinds of the district have been paid. The county clerk shall thereupon certify a copy of the ordinance to the board of such district and shall give notice by publication of:

      1.  The adoption of such ordinance;

      2.  The determination of the board of county commissioners that the district should be dissolved; and

      3.  The time and place for hearing on dissolution.


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ê1961 Statutes of Nevada, Page 445 (Chapter 266, AB 307)ê

 

      Sec. 66.  1.  Any taxpaying elector within the district may, on or before the date fixed, protest against the dissolution of such district, in writing, which protest shall be filed with the county clerk of such county.

      2.  If, at or before the time fixed by the ordinance and notice, written protest shall be filed signed by 51 percent or more of the taxpaying electors within the district, the district shall not be dissolved. If any written protests are filed and the board of county commissioners determines that the protests so filed represent less than 51 percent of the taxpaying electors of the district, the board may, if it so determines, complete the dissolution by the adoption of a final ordinance of dissolution, which ordinance shall contain a recital as to the percentage of protests, and such recital shall be binding and conclusive for all purposes.

      Sec. 67.  At the place, date and hour specified for the hearing in the notice or at any subsequent time to which the hearing may be adjourned, the board of county commissioners shall give full consideration to all protests which may have been filed and shall hear all persons desiring to be heard and shall thereafter adopt either the final ordinance of dissolution or an ordinance determining that it shall not be dissolved.

      Sec. 68.  Within 30 days after the effective date of any ordinance dissolving the district, the county clerk shall file a copy of the ordinance in his office and shall cause to be filed an additional copy of the ordinance in the office of the secretary of state, which filings shall be without fee and be otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.

      Sec. 69.  1.  All property and all funds remaining in the treasury of any district so dissolved shall be surrendered and transferred to the county in which the district exists and shall become a part of the general fund of the county.

      2.  All outstanding and unpaid tax sales and levies of a dissolved district shall be valid and remain a lien against the property against which they are assessed or levied until paid, subject, however, to the limitations of liens provided by general law. Taxes paid after dissolution shall be placed in the general fund of the county in which the property was assessed.

      3.  The board of county commissioners shall have the same power to enforce the collection of all outstanding tax sales of the district as the district would have had if it had not been dissolved.

      Sec. 70.  1.  If the area of a watershed protection and flood prevention district organized pursuant to the provisions of chapter 542 of NRS is included within the area of a flood control district formed pursuant to the provisions of this chapter, such watershed protection and flood prevention district shall be dissolved pursuant to the provisions of NRS 542.090, and, notwithstanding the provisions of subsection 3 of NRS 542.090, the assets and liabilities of the watershed protection and flood prevention district shall be assumed by the flood control district.

      2.  Any watershed protection and flood prevention district organized pursuant to the provisions of chapter 542 of NRS may be consolidated with a flood control district organized pursuant to the provisions of this chapter when such action is determined to be necessary by the board of county commissioners.


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ê1961 Statutes of Nevada, Page 446 (Chapter 266, AB 307)ê

 

pursuant to the provisions of chapter 542 of NRS may be consolidated with a flood control district organized pursuant to the provisions of this chapter when such action is determined to be necessary by the board of county commissioners. In any such consolidation the watershed protection and flood prevention district shall become a part of the flood control district with which it is consolidated. All debts, obligations, liabilities and assets of the watershed protection and flood prevention district shall be assumed or taken over the flood control district.

      Sec. 71.  If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 72.  This act shall become effective upon passage and approval.

 

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CHAPTER 267, AB 351

Assembly Bill No. 351–Committee on Judiciary

CHAPTER 267

AN ACT to amend NRS section 207.010, relating to habitual criminals, by requiring inclusion of previous convictions in the accusatory pleading charging the primary offense; by prohibiting reference to previous convictions on trial of the primary offense; by requiring the court to determine any issue of previous convictions and impose sentence under the statute; and by providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 207.010 is hereby amended to read as follows:

      207.010  1.  Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who shall previously have been twice convicted, whether in this state or elsewhere, of any crime which under the laws of this state would amount to a felony, or who shall previously have been three times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be adjudged to be an habitual criminal and shall be punished by imprisonment in the state prison for not less than 10 years.

      2.  Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who shall previously have been three times convicted, whether in this state or elsewhere, of any crime which under the laws of this state would amount to a felony, or who shall previously have been five times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be punished by imprisonment in the state prison for life.


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ê1961 Statutes of Nevada, Page 447 (Chapter 267, AB 351)ê

 

or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be punished by imprisonment in the state prison for life.

      3.  In proceedings under this section, each previous conviction shall be alleged in the accusatory pleading charging the primary offense, but no such conviction may be alluded to on trial of the primary offense, nor may any allegation of such conviction be read in the presence of a jury trying such offense.

      4.  If a defendant charged under this section is found guilty of, or pleads guilty to, the primary offense, but denies any previous conviction charged, the court shall determine the issue of such previous conviction after hearing all relevant evidence presented on such issue by the prosecution and the defendant. The court shall impose sentence pursuant to subsections 1 and 2 of this section upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality.

      5.  Nothing in this section limits the prosecution in introducing evidence of prior convictions for purposes of impeachment.

 

________

 

 

CHAPTER 268, AB 387

Assembly Bill No. 387–Committee on Way and Means

CHAPTER 268

AN ACT to amend chapter 543 of NRS, relating to flood control, by adding a new section creating the state flood repair and disaster relief fund in the state treasury; authorizing loans therefrom under certain conditions; making an appropriation to the state flood repair and disaster relief fund; and providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  Chapter 543 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The legislature finds and declares that the people of this state have a paramount interest in the maximum use of all the water of the state and in efficient and effective water distribution to the public by governmental subdivisions, thus insuring the public’s health and safety.

      2.  Whenever the water distribution system of a governmental subdivision of this state has been damaged by flood or other act of God, resulting in an emergency condition of water shortage of public use, the governing body of such governmental subdivision may make application to the director for a loan to assist in repairing such damage. Such application shall be made in the manner and form prescribed by the director. The director shall transmit the application to the division of public health engineering of the state department of health, requesting an investigation and survey of the damage, and a report thereon.


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ê1961 Statutes of Nevada, Page 448 (Chapter 268, AB 387)ê

 

If the report of the division of public health engineering of the state department of health finds that the damage has resulted in a lack of water service and a threat to public health because of the emergency condition resulting from a water shortage, the director may loan moneys from the state flood repair and disaster relief fund to repair such damage or to reimburse such governmental subdivision for moneys expended by it to repair such damage. The director shall determine the period to be allowed for repayment of the money loaned, which period shall not be longer than 10 years from the date of the loan. All money received by the director as repayments of loans shall be deposited in the state flood repair and disaster relief fund.

      3.  There is hereby created in the state treasury the state flood repair and disaster relief fund. Moneys therefor shall be provided by direct legislative appropriation.

      Sec. 2.  There is hereby appropriated from the general fund in the state treasury to the state flood repair and disaster relief fund the sum of $50,000.

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

 

________

 

 

CHAPTER 269, AB 400

Assembly Bill No. 400–Committee on State, County and City Affairs (By request)

CHAPTER 269

AN ACT to amend NRS section 534.060, relating to the repair of defective wells by the owner or state engineer, by providing that the state engineer may repair or seal a defective well and charge the expense thereof to the water distribution fund; and by providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 534.060 is hereby amended to read as follows:

      534.060  1.  During the sinking or boring of a well the permittee shall cause to be placed in such well a proper and sufficient casing approved by the state engineer, so arranged as to prevent the caving in of such well and to prevent the escape of water therefrom through any intervening sand or gravel stratum, which casing must be of sufficient length to reach the deepest aquifer encountered during the sinking or boring of the well.

      2.  The number, size, type and distribution of perforations is optional with the permittee, except that no perforations shall be made in a pipe tapping confined (artesian) water above the confining impervious materials.

      3.  The permittee shall provide the necessary valves, plugs or other appliances to prevent or control the flow of water from such well and prevent the loss of underground water above or below the ground surface.


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ê1961 Statutes of Nevada, Page 449 (Chapter 269, AB 400)ê

 

prevent the loss of underground water above or below the ground surface.

      4.  If in the judgement of the state engineer a well is in any manner defective he may offer the [same to be repaired.] owner to repair the well or, in his discretion, may cause the well to be repaired or sealed. If the state engineer elects to repair or seal the well, the cost of repairing or sealing the well shall be paid from the water distribution fund and shall not be charged to the owner of the well or be a lien on the land upon which the well is located or on other land of the owner to which water from the well is appurtenant.

      5.  If the state engineer orders the owner to repair the well and if upon 15 days’ written notice by registered mail, return receipt requested, the owner fails to repair such well, the state engineer or his assistants or authorized agents may, without further notice, take such steps as may be necessary to effect such repairs. The cost thereof, including the labor and material, may in the first instance be paid by the state engineer from the water distribution fund, as provided in NRS 534.040; but any such cost in any event shall be a lien on the land on which the well is located and, also, any other land possessed by the well owner to which the water from the well is appurtenant.

      6.  The state engineer, his assistants or authorized agents, as the case may be, shall file an itemized and sworn statement, setting forth the date when such work was done and the nature of the labor so performed, with the board of county commissioners of the county wherein such charge and expense were incurred. The board of county commissioners shall thereupon present a bill for the expense to the person liable therefor under this section, and if such person shall neglect for 30 days thereafter to pay the same, such bill and costs shall be and become a lien upon the lands and property of the person so liable for the payment of the bill, and shall be collected as delinquent taxes against the lands and property are collected.

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

 

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CHAPTER 270, SB 187

Senate Bill No. 187–Senators Lamb, Lemaire, Frank, Gallagher, Slattery, Duffy, Echeverria and Fransway

CHAPTER 270

AN ACT to amend NRS section 617.460, relating to silicosis as an occupational disease, by increasing the maximum sum payable for death or disability due to silicosis; and by allowing claimants who have previously received the maximum sum payable to receive additional amounts.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 617.460 is hereby amended to read as follows:

      617.460  1.  Silicosis shall be considered an occupational disease and shall be compensable as such when contracted by an employee and when arising out of and in the course of the employment.


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ê1961 Statutes of Nevada, Page 450 (Chapter 270, SB 187)ê

 

shall be compensable as such when contracted by an employee and when arising out of and in the course of the employment.

      2.  Claims for compensation on account of silicosis shall be forever barred unless application shall have been made to the commission within 1 year after total disability or within 6 months after death.

      3.  Nothing in this chapter shall entitle an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.

      4.  No compensation shall be paid in case of silicosis unless, during the 10 years immediately preceding the disablement or death, the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than 4 years in employment in Nevada, some portion of which shall have been after July 1, 1947.

      5.  Compensation, medical, hospital and nursing expenses on account of silicosis shall be payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of chapter 616 of NRS, and only in the event of such disability or death resulting within 2 years after the last injurious exposure; provided, that:

      (a) In the event of death following continuous total disability commencing within 2 years after the last injurious exposure, the requirement of death within 2 years after the last injurious exposure shall not apply.

      (b) The maximum sum payable, including compensation, medical, nursing and hospital benefits for death or disability due to silicosis shall not exceed [$11,250.] $14,250. Compensation shall be payable in sums provided by chapter 616 of NRS. The sum payable to a claimant may be used for any or all of the following items: Compensation, hospital, medical or nursing benefits; except that the amount payable for hospital, medical or nursing benefits shall not exceed $50 per month. The commission shall not allow the conversion of the compensation benefits provided for in this section into a lump sum payment notwithstanding the provisions of NRS 616.620. Payment of benefits and compensation shall be limited to the claimant and his dependents.

      Sec. 2.  Any claimant who has received the maximum sum payable prior to the effective date of this act shall be entitled to receive the difference between such sum and the maximum sum payable as provided in this act.

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

 

________

 

 


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ê1961 Statutes of Nevada, Page 451ê

 

CHAPTER 271, SB 229

Senate Bill No. 229–Senator Brown

CHAPTER 271

AN ACT to amend NRS section 218.060, relating to Clark County assembly districts, by reapportioning assemblymen among such districts.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 218.060 is hereby amended to read as follows:

      218.060  1.  Clark County is divided into four assembly districts as follows:

      (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] county clerk of Clark County shall be known as assembly district No. 1, with one assemblyman to be elected at large therein.

      (b) All that portion of Clark County compromising the election precincts of Bunkerville township, of Logandale township, of Mesquite township, of Moapa township and of Overton township as establishment by the [board of county commissioners] county clerk of Clark County shall be known as assembly district No. 3, with one assemblyman to be elected at large therein.

      (c) All that portion of Clark County comprising the election precincts of Henderson township as established by the [board of county commissioners] county clerk of Clark County shall be known as assembly district No. 4, with one assemblyman to be elected at large therein.

      (d) All the remaining portion of Clark County shall be known as assembly district No. 2, with [six] nine 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.

      Sec. 2.  This act shall become effective on January 1, 1962, only for the purpose of electing the members of the assembly at the general election in 1962. For all other purposes, this act shall become effective on the day next after the election of members of the assembly at the general election in 1962.

 

________

 

 

CHAPTER 272, SB 235

Senate Bill No. 235–Senator McGowan

CHAPTER 272

AN ACT authorizing Pershing County to acquire certain lands for a road right-of-way in exchange for other lands owned by Pershing County.

 

[Approved April 5, 1961]

 

      Whereas, There is a need in Pershing County for a road located to the east of Interstate Highway 80 and generally paralleling such highway between the Oreana interchange and the Standard Mine Road, a distance of approximately 15.75 miles; and


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ê1961 Statutes of Nevada, Page 452 (Chapter 272, SB 235)ê

 

      Whereas, The board of county commissioners of Pershing County can acquire the lands necessary for such a road right-of-way by exchanging other lands owned by the county; now, therefore,

 

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

do enact as follows:

 

      Section 1.  1.  The board of county commissioners of Pershing County, State of Nevada, is hereby authorized and empowered to acquire in fee the lands necessary for a highway right-of-way to be located to the east of Interstate Highway 80, generally paralleling such highway between the Oreana interchange and a certain road known and designated as the Standard Mine Road, a distance of approximately 15.75 miles, together with such other parcels of land as may be required to construct a road on such right-of-way.

      2.  The board of county commissioners is hereby authorized and empowered to compensate the owners of the lands to be acquired for such road right-of-way by the conveyance in fee to such owners of other lands owned by Pershing County.

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

 

________

 

 

CHAPTER 273, SB 232

Senate Bill No. 232–Committee on Public Morals

CHAPTER 273

AN ACT to amend NRS section 467.107, relating to license fees of promotors of boxing and wrestling events, by changing the definition of total gross receipts subject to license fee.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 467.107 is hereby amended to read as follows:

      467.107  1.  In addition to the payment of any other fees and moneys due under this chapter, every promoter shall pay an additional license fee of 3 percent of the total gross receipts of any boxing contest, wrestling exhibition, or combination of such events, exclusive of any federal tax or tax imposed by any political subdivision of this state.

      2.  For the purpose of this section, total gross receipts of every promoter shall include:

      (a) [The gross price chargeable] The promoter’s share of the gross price charged for the sale, lease or other exploitation of broadcasting, television or motion picture rights of such contest or exhibition without any deductions for commissions, brokerage fees, distribution fees, advertising or other expenses or charges.

      (b) The face value of all tickets sold and complimentary tickets issued.

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

 

________

 

 


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ê1961 Statutes of Nevada, Page 453ê

 

CHAPTER 274, SB 244

Senate Bill No. 244–Senator Gallagher

CHAPTER 274

AN ACT to amend NRS sections 244.640 and 244.645, relating to county powers concerning recreational facilities and the creation and organization of county fair and recreation boards, by allowing creation of county fair and recreation boards in counties having a population of 9,000 or more; and providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 244.640 is hereby amended to read as follows:

      244.640  1.  In addition to powers elsewhere conferred upon counties, any county having a population of [11,000] 9,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, is authorized and empowered:

      (a) To establish, construct, purchase, otherwise acquire, reconstruct, improve, extend and better fairgrounds, exposition buildings, convention halls, auditoriums, fieldhouses, amusement halls, public parks, playgrounds, swimming pools, golf courses, recreation centers, other recreational facilities and buildings therefor, and improvements incidental thereto;

      (b) To equip and furnish the same;

      (c) To acquire a suitable site or grounds for any recreational facilities; and

      (d) To issue bonds therefor, at one time, or from time to time.

      2.  Recreational facilities shall be deemed to include, without limiting the generality of the provisions of subsection 1, such buildings, incidental improvements, equipment, furnishings, sites and grounds as are used for recreational purposes.

      Sec. 2.  NRS 244.645 is hereby amended to read as follows:

      244.645  1.  Whenever the board of county commissioners of any county desires the powers granted in NRS 244.640 to 244.780, inclusive, to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of such powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of NRS 244.640 to 244.780, inclusive. After approval of the resolution, the county clerk shall:

      (a) Cause a copy of the resolution to be published promptly once in a newspaper published in and of general circulation in the county; and

      (b) Cause a certified copy of the resolution to be mailed by registered mail to the mayor or other chief executive officer of each incorporated city within the county.

      2.  In counties having a population of 30,000 or more, each incorporated city within the county shall be represented on the county fair and recreation board by one member for each 25,000 population or fraction thereof within the city, but no city shall have more than three members on a board. In counties having a population of [11,000] 9,000 or more and less than 30,000, and in which there is one or more incorporated city, each incorporated city, except an incorporated city which is the county seat, shall be represented by one member.


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ê1961 Statutes of Nevada, Page 454 (Chapter 274, SB 244)ê

 

or more and less than 30,000, and in which there is one or more incorporated city, each incorporated city, except an incorporated city which is the county seat, shall be represented by one member. Any incorporated city which is the county seat shall be represented by four members. Within 30 days after the day of publication of the resolution or the day on which the last of the copies of the resolution was mailed, whichever day is later, the mayor or other chief executive officer shall, with the approval of the legislative body of the city, appoint a member or members of the city council or board of trustees to serve on the board for the remainder of his or their terms of office. The clerk or secretary of the city shall promptly certify the appointment by registered mail to the county clerk.

      3.  In counties having a population of 30,000 or more, two members of the board of county commissioners shall be appointed by the board of county commissioners to serve on the board for the remainder of their terms of office. In counties having a population of [11,000] 9,000 or more and less than 30,000, one member of the board of county commissioners shall be appointed by the county commissioners to serve on the board for the remainder of his term of office.

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

 

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CHAPTER 275, SB 240

Senate Bill No. 240–Committee on Finance

CHAPTER 275

AN ACT to amend NRS section 218.730, relating to the legislative auditor, by providing that the legislative counsel shall appoint the legislative auditor with the concurrence of the legislative commission; and by deleting an obsolete provision.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 218.730 is hereby amended to read as follows:

      218.730  1.  The legislative counsel, with the concurrence of the legislative commission, [as soon as possible after the appointment of its members,] shall appoint an investigator of all custodians of public funds, disbursing officers, property custodians, purchasing agents, and personnel of all state departments, the title of such officer to be legislative auditor.

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

 

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ê1961 Statutes of Nevada, Page 455ê

 

CHAPTER 276, SB 238

Senate Bill No. 238–Committee on Aviation, Transportation and Highways

CHAPTER 276

AN ACT to amend NRS section 483.380, relating to renewal of motor vehicle operator’s licenses, by allowing the department of motor vehicles to accept a report from an ophthalmologist or optometrist in lieu of an eye test for renewal of an operator’s license under some circumstances; and by providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 483.380 is hereby amended to read as follows:

      483.380  1.  Every operator’s and chauffeur’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 90-day period before its expiration upon application and payment of the required fee, and, except as provided in subsection 3, each applicant for renewal shall appear before a driver’s license examiner and submit to an eye test. If the administrator or his duly authorized agent has reason to believe that the licensee is no longer qualified to receive a license because of his physical condition, the department may require that the applicant submit to an examination pursuant to the provisions of NRS 483.330. 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.  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.

      3.  The department may provide by regulation for the acceptance of a report from an ophthalmologist or optometrist in lieu of an eye test by a driver’s license examiner in any case in which the applicant is unable to appear in person during the required time because of absence from the state or other good cause.

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

 

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ê1961 Statutes of Nevada, Page 456ê

 

CHAPTER 277, SB 228

Senate Bill No. 228–Senators Lamb, Frank, Duffy and Monroe

CHAPTER 277

AN ACT providing for the acquisition of a second oil portrait of Charles H. Russell, former governor of the State of Nevada; imposing certain duties and powers on the legislative commission; creating the Charles H. Russell second portrait fund and providing an appropriation therefor; and providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

      Whereas, Pursuant to the provisions of chapter 18, Statutes of Nevada 1959, there was procured a portrait of Charles H. Russell, former governor of the State of Nevada, for display in the capitol corridor; and

      Whereas, General comment indicates that such portrait fails to meet the definition of a “portrait” as a lifelike or realistic delineation or pictorial representation of the former governor; now, therefore,

 

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

do enact as follows:

 

      Section 1.  There is hereby created in the state treasury a fund to be known as the Charles H. Russell second portrait fund.

      Sec. 2.  There is hereby appropriated to the Charles H. Russell second portrait fund from the general fund in the state treasury the sum of $1,500.

      Sec. 3.  The legislative commission is hereby authorized to enter into a contract with an artist (other than the artist who painted the first portrait) 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, if possible, framed in the frame provided for the first portrait. The painting shall be done in the same manner, style and size as other portraits of former governors of the State of Nevada displayed in the capitol corridor.

      Sec. 5.  The contract price shall not exceed $1,500, and shall include the cost of the portrait and the frame, if a new frame is required.

      Sec. 6.  Upon delivery of the approved 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 second portrait fund. Any balance remaining in the Charles H. Russell second portrait fund shall immediately revert to the general fund.

      Sec. 7.  This act shall become effective upon passage and approval.

 

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ê1961 Statutes of Nevada, Page 457ê

 

CHAPTER 278, SB 227

Senate Bill No. 227–Committee on Legislative Functions

CHAPTER 278

AN ACT to amend NRS section 218.660, relating to the creation, membership of and vacancies on the legislative commission, by providing for the appointment of four alternate members from each house of the legislature; and providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 218.660 is hereby amended to read as follows:

      218.660  1.  There is hereby created in the legislative counsel bureau a legislative commission consisting of eight members.

      2.  At each regular session of the legislature held in odd-numbered years, the senate shall, by resolution, designate four senators as regular members of the legislative commission, and the assembly shall, by resolution, designate four assemblymen as regular members of the legislative commission. Of the aforesaid membership there shall be two senators and two assemblymen from each party in the houses.

      3.  In addition to the members designated in subsection 2: [, the]

      (a) The senate shall, by resolution, designate [two] four senators, [one] two from each party, as first alternate members [, and the] and second alternate members.

      (b) The assembly shall, by resolution, designate [two] four assemblymen, [one] two from each party, as first alternate members [.] and second alternate members.

      4.  A vacancy in the regular membership created by death or resignation shall be filled, first, by the proper first alternate member of the same party in the same house [.] , and second, if there is no first alternate member, then by the proper second alternate member of the same party in the same house. If there is no proper alternate member, the legislative commission shall fill the vacancy by appointing a member of the legislature of the same party in the same house.

      5.  The members shall serve until their successors are appointed as provided herein.

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

 

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ê1961 Statutes of Nevada, Page 458ê

 

CHAPTER 279, SB 224

Senate Bill No. 224–Committee on Finance

CHAPTER 279

AN ACT to amend NRS section 584.200, relating to the expenses incurred by inspectors of the state board of health in making inspections of dairy facilities in other states, by creating the milk inspection fund in the state treasury; providing for the deposit and use of moneys therein; making an appropriation to the milk inspection revolving fund; and providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 584.200 is hereby amended to read as follows:

      584.200  1.  Whenever any inspection of the dairy farms, milk plants or facilities of an applicant or a permittee necessitates departing beyond the territorial limits of the State of Nevada, the applicant or permittee on whose behalf such inspection is to be made shall be required to pay the per diem expense allowance and travel expenses of the inspector or inspectors for the amount of their travel beyond the territorial limits of the State of Nevada in an amount equivalent to that paid other state officers performing similar duties. Claims for per diem expense allowances and travel expenses of inspectors shall be paid from the milk inspection revolving fund which is hereby created in the state treasury.

      2.  [Prior to] After an inspection is made outside the State of Nevada, the board shall [estimate such expenses and the applicant shall deposit such an amount with the board.

      3.  The expenses incurred in such inspection shall not be refunded.] collect from the applicant or permittee an amount of money equal to the expenses incurred for the inspection and deposit the same to the credit of the milk inspection revolving fund.

      3.  Failure of an applicant or a permittee to pay the amount demanded by the board pursuant to the provisions of subsection 2 is a ground for the denial, suspension or revocation of a permit. Moneys paid by any applicant or permittee pursuant to the provisions of subsection 2 shall not be refunded.

      Sec. 2.  There is hereby appropriated from the general fund in the state treasury to the milk inspection revolving fund the sum of $5,000.

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

 

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ê1961 Statutes of Nevada, Page 459ê

 

CHAPTER 280, SB 222

Senate Bill No. 222–Committee on Judiciary

CHAPTER 280

AN ACT to amend chapter 451 of NRS, relating to dead bodies, by adding new sections empowering cities of 50,000 or more population to require, by ordinance, the removal of human remains from certain cemeteries; providing that a cemetery authority may declare its intention and purpose to disinter and remove remains in accordance with the ordinance; specifying the details concerning the notice of intention and providing for special notices to relatives or friends; providing for removals by relatives, friends and cemetery authorities; authorizing the disposal of cemetery lands and requiring religious observances; and providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  Chapter 451 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 29, inclusive, of this act.

      Sec. 2.  The governing body of any incorporated city, having a population of 50,000 or more determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, may order the disinterment and removal of all human remains interred in all or any part of any cemetery situated within its limits, where the right of interment in such cemetery has been limited by a city ordinance for a period of 35 years or more to the filling of plots and lots therein containing human remains with additional human remains until such plots and lots are filled and all spaces occupied, whenever the governing body, by ordinance, declares that the further maintenance of all or any part of the cemetery as a burial place for the human dead threatens or endangers the health, safety, comfort or welfare of the public and demands the disinterment and removal beyond the limits of the city of the human remains interred therein.

      Sec. 3.  1.  The governing body of such city may in any ordinance ordering or directing the disinterment and removal of such remains prescribe reasonable rules and regulations governing the manner of making disinterments and removals and providing for reinterment in cemeteries outside the city limits.

      2.  The ordinance shall prescribe a reasonable time of not less than 1 year in which the removal of remains may be made by the cemetery authority, or by the owners or holders of interment spaces, or by the relatives or friends of those whose remains are interred in the cemetery, and may also provide that if the remains are not removed within the period fixed, the city will itself proceed to remove the remains and reinter them in another cemetery outside the city limits.

      Sec. 4.  1.  The cemetery authority of any cemetery from which human remains are ordered removed by an ordinance adopted in accordance with sections 2 and 3 of this act may declare its intention and purpose to disinter and remove the remains in accordance with the ordinance, and to reinter the remains in another cemetery or cemeteries outside the limits of the city, or to deposit the removed remains in a memorial mausoleum or columbarium.


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ê1961 Statutes of Nevada, Page 460 (Chapter 280, SB 222)ê

 

the ordinance, and to reinter the remains in another cemetery or cemeteries outside the limits of the city, or to deposit the removed remains in a memorial mausoleum or columbarium.

      2.  In the case of a cemetery corporation or association the procedure for such declaration shall be by resolution of the governing body of the corporation or association, ratified and approved by a majority vote of the lot owners or holders at any regular meeting of the corporation or association, or at a meeting specially called for the purpose.

      Sec. 5.  Any resolution or declaration of intention to disinter and remove human remains pursuant to the provisions of section 4 of this act adopted or declared by any cemetery authority shall specify and declare that at any time after the expiration of 10 months from and after the first publication of the notice of the resolution or declaration, the human remains then remaining in all or any part of the cemetery will be removed by the cemetery authority.

      Sec. 6.  Notice of a declaration of intention to remove the human remains from all or any part of any cemetery shall be given by publication in a newspaper of general circulation published in the city, in which the cemetery or the portion from which removals are to be made is situated. Publication shall be at least once a week for 2 successive months.

      Sec. 7.  The notice shall be entitled: “Notice of Declaration of Intention To Remove Human Remains From …………………………(insert name of cemetery) in accordance with the provisions of City Ordinance No.…………………… (insert number) of the ………………………… (insert name of city) ………………………… adopted ………………………… (insert date)” and shall specify a date not less than 10 months after the first publication when the cemetery authority causing the notice to be published will proceed to remove the remains then remaining in such cemetery or the portion from which removals are to be made.

      Sec. 8.  Copies of the notice shall, within 10 days after the first publication, be posted in at least three conspicuous places in the cemetery or the portion from which removals are to be made.

      Sec. 9.  1.  A copy of the notice shall be mailed to every person who owns, holds, or has the right of interment in, any plot in the cemetery or part affected, whose name appears upon the records of the cemetery. The notice shall be addressed to the last-known post office address of the plot owner as it appears from the records of the cemetery, and if his address does not appear or is not known, then to him in the city in which the cemetery is situated.

      2.  The notice shall also be mailed to each known living heir at law of any person whose remains are interred in the cemetery, if his address is known.

      Sec. 10.  At any time before the date fixed for the removal of remains by the cemetery authority, any relative or friend of any person whose remains are interred in the cemetery from which removals are to be made may give the cemetery authority written notice that he desires to be present when the remains are disinterred or are reinterred.


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

ê1961 Statutes of Nevada, Page 461 (Chapter 280, SB 222)ê

 

      Sec. 11.  The notice to the cemetery authority shall specify:

      1.  The name of the person whose remains are to be disinterred.

      2.  As accurately as possible, the plot where the remains are interred.

      3.  The date of interment.

      4.  An address at which the required notices may be given by the cemetery authority.

      Sec. 12.  The notice may be delivered, or forwarded by registered mail, to the office or principal place of business of the cemetery authority proposing to make removals.

      Sec. 13.  After receipt of such notice before the date fixed for the removal of the remains by the cemetery authority, it shall give written notice to the person requesting it of the time when the remains shall be disinterred. This notice shall be given by delivery, or by mail, to the person requesting it at least 10 days prior to the date specified for the disinterment of the remains.

      Sec. 14.  Whenever a request of notice is given by a relative or friend, the cemetery authority shall not disinter the remains referred to until the notice of the time of disinterment is given the relative or friend, as provided in sections 10 to 13, inclusive, of this act.

      Sec. 15.  At any time prior to the removal by a cemetery authority of the remains of any person, any relative or friend of the decedent may voluntarily remove and dispose of the remains.

      Sec. 16.  The person desiring to cause the removal shall, prior to removal, deliver to the cemetery authority an affidavit stating the name of the decedent whose remains it is desired to remove and, so far as is known to affiant, the date of burial and the names and places of residence of the heirs at law of the decedent. If the person desiring to cause the removal is not an heir at law of the person whose remains he desires to remove, the removal shall not be made by him until he has delivered to the cemetery authority the written consent of a majority of the known heirs at law of the decedent who are residents of this state. The statements in the affidavit are sufficient evidence of the number, names and residences of the heirs at law for all of the purposes of sections 15 to 20, inclusive, of this act, and the written consent of the majority of the heirs at law named in the affidavit is sufficient authority for the cemetery authority to permit the removal of the remains.

      Sec. 17.  Removal of all remains in a plot without the filing of an affidavit of consent may be caused by any of the following:

      1.  The purchaser or owner of the plot.

      2.  The purchaser or owner of the right of interment in the plot.

      3.  Any one of joint purchasers or owners of the plot or of the right of interment in the plot.

      Sec. 18.  If the right, title or interest of any grantee of any plot or of the right of interment therein has passed by succession to the heir or heirs at law of the grantee without distribution by order of court, the heir or heirs at laws may remove the remains of persons interred in the plot. The affidavit of any heir at law setting out the facts of heirship shall be accepted by the cemetery authority as sufficient evidence of the fact of the transfer.


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

ê1961 Statutes of Nevada, Page 462 (Chapter 280, SB 222)ê

 

      Sec. 19.  Whenever remains are removed by a relative or friend of a decedent, under the provisions of sections 2 to 29, inclusive, of this act, the person causing the removal is entitled to remove any vault, monument, headstone, coping or other improvement appurtenant to the interment space from which the remains have been removed. The affidavit or written consent given under the provisions of sections 2 to 29, inclusive, of this act are sufficient authority for the cemetery authority to permit the removal of any such appurtenance.

      Sec. 20.  If such appurtenances remain on the plot for more than 90 days after the removal of the last human remains, they may be removed and disposed of by the cemetery authority, and thereafter no person claiming any interest in the plot, or any such appurtenance shall maintain in any court any action in relation to any such appurtenance.

      Sec. 21.  After the completion of notice and after expiration of the period of 10 months specified in the notice, any cemetery authority may cause the removal of all human remains interred in the cemetery or portion from which the remains have been ordered removed, and may reinter such remains in other cemeteries in the state where interments are permitted, without further notice to any person claiming any interest in the cemetery, or portion affected, or in the remains interred therein.

      Sec. 22.  The remains of each person reinterred shall be placed in a separate and suitable receptacle and decently and respectfully interred under rules and regulations adopted by the cemetery authority making the removal.

      Sec. 23.  Whenever human remains have been ordered removed under the provisions of sections 2 to 29, inclusive, and the cemetery authority has made and published notice of intention to remove such remains, the portions of the cemetery in which no interments have been made, and those portions from which all human remains have been removed, may be sold, mortgaged or otherwise encumbered as security for any loan or loans made to the cemetery authority.

      Sec. 24.  No order of any court shall be required prior to the making of any such sale, mortgage or other encumbrance of such lands; but any sale of such cemetery lands made by any cemetery corporation or association controlled by a governing body shall be fairly conducted and the price paid shall be fair and reasonable and all such sales shall be confirmed, as to the fairness and reasonableness of the price paid, by the district court of the county in which the lands are situated.

      Sec. 25.  Petitions for confirmation of sales shall be made to the district court of the county in which such lands are situated, and the clerk of the court shall fix a day for and give notice of hearing in accordance with the provisions of NRS 155.010.

      Sec. 26.  If, prior to the adoption of an ordinance pursuant to the provisions of sections 2 to 29, inclusive, of this act, any cemetery authority has in good faith entered into any agreement to sell or has granted any option to buy all or any portion of its cemetery lands for a price reasonable at the time the agreement to sell was made, or the option granted, the district court shall confirm the sale at the price stipulated in the agreement to sell or the option to buy.


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

ê1961 Statutes of Nevada, Page 463 (Chapter 280, SB 222)ê

 

option granted, the district court shall confirm the sale at the price stipulated in the agreement to sell or the option to buy.

      Sec. 27.  1.  After the removal of all human remains interred in any part or the whole of the cemetery lands, the cemetery authority may file for record in the office of the county recorder of the county in which the lands are situated a written declaration reciting that all human remains have been removed from the lands described in the declaration.

      2.  The declaration shall be acknowledged in the manner of the acknowledgement of deeds to real property by the president and secretary, or other corresponding officers of the cemetery authority, or by the person owning or controlling the cemetery lands, and thereafter any deed, mortgage or other conveyance of any part of such lands is conclusive evidence in favor of any grantee or mortgagee named in it, and his successor or assigns, of the fact of the complete removal of all human remains therefrom.

      Sec. 28.  After all remains have been removed from a cemetery in accordance with the provisions of sections 2 to 29, inclusive, of this act, the dedication may be removed from all or any part of such cemetery lands by an order and decree of the district court of the county in which the property is situated, in a proceeding brought for that purpose and upon notice of hearing and proof satisfactory to the court:

      1.  That all bodies have been removed, or that no interments were made; and

      2.  That the property is no longer used or required for interment purposes.

      Sec. 29.  1.  The heirs, relatives or friends of any decedent whose remains have been interred in any cemetery owned, governed or controlled by any religious corporation or by any church or religious society of any denomination or by any corporation sole administering temporalities of any religious denomination, society or church, or owned, governed or controlled by any person or persons as trustee or trustees for any religious denomination, society or church shall not disinter, remove, reinter or dispose of any such remains except in accordance with the rules, regulations and discipline of such religious denomination, society or church.

      2.  The officers, representatives or agents of the church or religious society shall be the sole judge of the requirements of the rules, regulations and discipline of such religious denomination, society or church.

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

 

________

 

 


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

ê1961 Statutes of Nevada, Page 464ê

 

CHAPTER 281, SB 220

Senate Bill No. 220–Committee on Judiciary

CHAPTER 281

AN ACT to amend chapter 318 of NRS, relating to general improvement districts, by adding a new section empowering boards of trustees of general improvement districts to acquire, construct and extend waterworks and water systems for private and public purposes.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  Chapter 318 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The board shall have the power to acquire, construct, reconstruct, improve, extend or better a works, system or facilities for the supply, storage and distribution of water for private and public purposes.

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

 

________

 

 

CHAPTER 282, SB 219

Senate Bill No. 219–Committee on Finance

CHAPTER 282

AN ACT authorizing the issuance and sale of revenue certificates by the board of regents of the University of Nevada for certain specified projects and the use and repayment of the receipts thereof; defining certain words and terms and additional powers of the board of regents of the University of Nevada; providing for securing such revenue certificates and providing remedies for the holders of such revenue certificates; containing prohibitions against obligating the State of Nevada; and providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  The following terms, wherever used or referred to in this act, have the following meaning unless a different meaning clearly appears in the context:

      1.  “Acquire” or “to acquire” includes to purchase, to erect, to build, to construct, to reconstruct, to repair, to replace, to extend, to better, to equip, to develop and to improve a project.

      2.  “Federal agency” means the United States of America or any agency or instrumentality thereof.

      3.  “Private agency, corporation or individual” means any private corporation, trust company, firm or individual doing business as such.

      4.  “Project” means and includes the buildings, structures and improvements required by the University of Nevada as enumerated in section 2 of this act.

      5.  “Revenue certificate” means certificates with respect to the repayment of any loans or borrowed money, issued by the board of regents pursuant to this act.


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

ê1961 Statutes of Nevada, Page 465 (Chapter 282, SB 219)ê

 

repayment of any loans or borrowed money, issued by the board of regents pursuant to this act.

      Sec. 2.  After the effective date of and in accordance with the provisions of this act, the board of regents of the University of Nevada is authorized, from time to time, to issue and sell revenue certificates not to exceed in the aggregate a total of $2,400,000, and to acquire with the proceeds thereof all or any of the following projects in Reno, Nevada, at costs not exceeding the amounts set forth below opposite the description of the project:

Men’s dormitory......................................................................................     $1,200,000

Women’s dormitory.................................................................................       1,200,000

      Sec. 3.  Upon the request of the board of regents, all phases of the planning, design, construction and equipment of any project provided for in this act shall be subject to supervision by the state planning board in accordance with the provisions of chapter 341 of NRS.

      Sec. 4.  Subject to the limitations and restrictions in this act, the board of regents may:

      1.  Have a corporate seal and alter the same at pleasure.

      2.  Sue and be sued.

      3.  Acquire by purchase, gift or the exercise of the right of eminent domain, and hold real or personal property, or rights or interests therein, and water rights.

      4.  Make contracts and execute all instruments necessary or convenient.

      5.  Acquire by contract or contracts or by its own agents and employees, or otherwise than by contract, any project or projects, and operate and maintain such projects.

      6.  Accept grants of money or materials or property of any kind from a federal agency, private agency, corporation or individual, upon such terms and conditions as such federal agency, private agency, corporation or individual may impose.

      7.  Borrow money and issue revenue certificates and provide for the payment of the same and for the rights of the holders thereof, as provided in this act.

      8.  Perform all acts and do all things necessary or convenient to carry out the powers granted in this act; obtain loans or grants, or both, from any federal agency, private agency, corporation or individual, and accomplish the purposes of this act.

      Sec. 5.  1.  Revenue certificates issued under the provisions of this act shall be authorized by resolution of the board of regents.

      2.  The revenue certificates shall bear interest at such rate or rates not exceeding 5 percent per annum, payable semiannually; may be issued in one or more series; may bear such date or dates; may be in such denomination or denominations; may mature at such time or times, not exceeding 40 years from their respective dates; may be in such form, either coupon or registered; may carry such registration privileges; may be executed in such manner; may be payable in such medium of payment, at such place or places; may be subject to such terms or redemptions, with or without premium; may contain such terms, covenants and conditions; and may be declared or become due before the maturity date thereof, as such resolution or other resolutions may provide.


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

ê1961 Statutes of Nevada, Page 466 (Chapter 282, SB 219)ê

 

terms, covenants and conditions; and may be declared or become due before the maturity date thereof, as such resolution or other resolutions may provide.

      3.  The revenue certificates may be sold at public or private sale at not less than par.

      4.  Pending the preparation of the definitive certificates, interim receipts or certificates, in such form and with such provisions as the board of regents may determine, may be issued to the purchaser or purchasers of certificates sold pursuant to this act. The certificates and interim receipts shall be fully negotiable within the meaning and for all the purposes of the Negotiable Instruments Law.

      Sec. 6.  The board of regents, in connection with the issuance of revenue certificates to acquire any project for the University of Nevada or in order to secure the payment of such revenue certificates and interest thereon, has power by resolution:

      1.  To fix and maintain fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to be served by, such project.

      2.  To provide that such revenue certificates be secured by a first, exclusive and closed lien on the income and revenue (but not the real property of the University of Nevada) derived from, and shall be payable from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project.

      3.  To pledge and assign to, or in trust for the benefit of, the holder or holders of such revenue certificates, an amount of the income and revenue derived from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project.

      4.  To covenant with, or for the benefit of, the holder or holders of such revenue certificates, that, so long as any of such revenue certificates shall remain outstanding and unpaid, the University of Nevada will fix, maintain and collect, in such installments as may be agreed upon, an amount of the fees, rentals and other charges, from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project, which shall be sufficient to pay, when due, such revenue certificates and interest thereon; and to create and maintain reasonable reserves therefor, and to pay the costs of operation and maintenance of such project, including, but not limited to, reserves for extraordinary repairs, insurance and maintenance, which costs of operation and maintenance shall be determined by the board of regents in its absolute discretion.

      5.  To make and enforce and agree to make and enforce reasonable parietal rules that shall insure the use of such project by all students in attendance at the University of Nevada who do not reside in the city of Reno, Nevada, and environs, to the maximum extent to which such project is capable of serving such students, or if such project is designed for occupancy as living quarters for the faculty members, by as many faculty members as may be served thereby.


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

ê1961 Statutes of Nevada, Page 467 (Chapter 282, SB 219)ê

 

      6.  To covenant that so long as any of such revenue certificates shall remain outstanding and unpaid, the board of regents will not, except upon such terms and conditions as may be determined:

      (a) Voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien of such revenue certificates upon any of the income and revenues derived from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such projects; or

      (b) Convey or otherwise alienate such project or the real property upon which such project shall be located, except at a price sufficient to pay all such revenue certificates then outstanding and interest accrued thereon, and then only in accordance with any agreements with the holder or holders of such revenue certificates; or

      (c) Mortgage or otherwise voluntarily create or cause to be created any encumbrance on such project or the real property upon which it shall be located.

      7.  To covenant as to the procedure by which the terms of any contract with a holder or holders of such revenue certificates may be amended or abrogated, the amount of percentage of revenue certificates the holder or holders of which must consent thereto, and the manner in which such consent may be given.

      8.  To vest in a trustee or trustees the right to receive all or any part of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of such revenue certificates; and to hold, apply and dispose of the same and the right to enforce any covenant made to secure or pay, or in relation to, such revenue certificates; to execute and deliver a trust agreement or trust agreements which may set forth the powers and duties and the remedies available to such trustee or trustees and limiting the liabilities thereof, and describing what occurrences shall constitute events of default and prescribing the terms and conditions upon which such trustee or trustees, or the holder or holders of revenue certificates, or any specified amount of percentage of such revenue certificates, may exercise such rights and enforce any and all such covenants and resort to such remedies as may be appropriate.

      9.  To vest in a trustee or trustees, or the holder or holders of any specified amount or percentage of revenue certificates, the right to apply any court of competent jurisdiction for, and have granted the appointment of, a receiver or receivers of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of such revenue certificates, which receiver or receivers may have and be granted such powers and duties as such court may order or decree for the protection of the revenue certificate holders.

      10.  To make covenants with any federal agency, private agency, corporation or individual to perform any and all acts and to do any and all such things as may be necessary or convenient, or desirable, in order to secure such revenue certificates, or as may in the judgement of the board of regents tend to make the revenue certificates more marketable, notwithstanding that such acts or things may not be enumerated herein; it being the intention hereof to give the board of regents power to make all covenants, including any covenants or agreements giving a lien upon any project constructed to the agency lending the money for the construction of such project, as security for such loan; and, including the power to make any conveyance which may be necessary of any lot or parcel of land, to any federal agency, private agency, corporation or individual, as the means of security for any loan made by such agency for the construction or improvement of a building or structure thereon; and, also, the right to lease any structure constructed upon the lands of the State of Nevada for a fair rental; and to perform all acts and to do all things, not inconsistent with the constitution of the State of Nevada, in the issuance of such revenue certificates and for their security, which a private business corporation might do.


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

ê1961 Statutes of Nevada, Page 468 (Chapter 282, SB 219)ê

 

of the board of regents tend to make the revenue certificates more marketable, notwithstanding that such acts or things may not be enumerated herein; it being the intention hereof to give the board of regents power to make all covenants, including any covenants or agreements giving a lien upon any project constructed to the agency lending the money for the construction of such project, as security for such loan; and, including the power to make any conveyance which may be necessary of any lot or parcel of land, to any federal agency, private agency, corporation or individual, as the means of security for any loan made by such agency for the construction or improvement of a building or structure thereon; and, also, the right to lease any structure constructed upon the lands of the State of Nevada for a fair rental; and to perform all acts and to do all things, not inconsistent with the constitution of the State of Nevada, in the issuance of such revenue certificates and for their security, which a private business corporation might do.

      Sec. 7.  Any holder of revenue certificates, including a trustee for holders of such revenue certificates, shall have the right, in addition to all other rights:

      1.  By mandamus or other suit, action or proceeding in any court of competent jurisdiction, to enforce his rights against the board of regents, and any officer, agent or employee of the board of regents, to fix and collect such rentals and other charges adequate to carry out any agreement as to, or pledge of, such fees, rentals or other charges; and require the board of regents and any of its officers, agents or employees to carry out any other covenants and agreements, and to perform their duties under this act.

      2.  By action, to enjoin any acts or things which may be unlawful or a violation of the rights of such holder of revenue certificates.

      Sec. 8.  All moneys, derived from the sale of revenue certificates, or otherwise, borrowed under the provisions of this act, or received as a grant, shall be paid into the state treasury in a separate trust account or trust accounts. Such moneys shall be disbursed as may be directed by the board of regents in accordance with the terms of any agreements with the holder of any revenue certificates.

      Sec. 9.  The revenue certificates, bearing the signatures of officers in office on the date of the signing thereof, shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to be officers of the board of regents. The validity of the revenue certificates shall not be dependent on, nor affected by, the validity or regularity of any proceedings to acquire the project financed by the revenue certificates or taken in connection therewith.

      Sec. 10.  Nothing in this act shall be construed to authorize the board of regents to contract a debt on behalf of, or in any way to obligate, the State of Nevada, or to pledge, assign or encumber in any way, or to permit the pledging, assigning or encumbering in any way, of appropriations made by the legislature, or revenue derived from the investment of the proceeds of the sale of such lands as have been set aside, by legislative enactments of the United States, for the use and benefit of the University of Nevada.


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

ê1961 Statutes of Nevada, Page 469 (Chapter 282, SB 219)ê

 

from the investment of the proceeds of the sale of such lands as have been set aside, by legislative enactments of the United States, for the use and benefit of the University of Nevada.

      Sec. 11.  All revenue certificates issued pursuant to this act shall be obligations of the board of regents, payable only in accordance with the terms thereof, and shall not be obligations general, special or otherwise, of the State of Nevada. Such revenue certificates shall not be a bond or debt of the State of Nevada, and shall not be enforcible against the state; nor shall payment thereof be enforcible out of any funds of the board of regents other than the income and revenue pledged and assigned to, or in trust for the benefit of, the holder or holders of such revenue certificates.

      Sec. 12.  The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and revenue certificates may be issued hereunder without regard to the procedure required by any other such law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.

      Sec. 13.  If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 14.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 283, SB 218

Senate Bill No. 218–Senator Brown

CHAPTER 283

AN ACT to amend chapter 321 of NRS, relating to administration, control and sale of state lands, by adding new sections providing that the Colorado River commission shall develop and dispose of certain state lands in the Colorado River bed in Fort Mohave Valley; providing that moneys from the Fort Mohave Valley development fund may be used as necessary for development and disposition of such lands; providing for deposit of funds received from such sale or disposition; and providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  Chapter 321 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

      Sec. 2.  The Colorado River commission of Nevada is hereby authorized to act as the agent of the State of Nevada in the development and disposal of state lands in the Fort Mohave Valley described as being all those lands in T. 32 S., R. 66 E., M.D.B. & M., lying between the meander line of the General Land Office dependent resurvey of 1947 and the right bank of the channel of the Colorado River and all those lands in T.


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

ê1961 Statutes of Nevada, Page 470 (Chapter 283, SB 218)ê

 

meander line of the General Land Office dependent resurvey of 1947 and the right bank of the channel of the Colorado River and all those lands in T. 33 S., R. 66 E., M.D.B. & M. and T. 34 S., R. 66 E., M.D.B. & M., lying between the meander line of the General Land Office survey of 1932 and the right bank of the channel of the Colorado River.

      Sec. 3.  The Colorado River commission shall, with the advice of the state department of conservation and natural resources and the county commissioners of Clark County, prepare plans for the development of the lands described in section 2. The Colorado River commission shall, notwithstanding any other provision of chapter 321 of NRS, sell or dispose of such lands in accordance with the plans and procedures of such commission.

      Sec. 4.  1.  The Colorado River commission may use so much of the moneys in the Fort Mohave Valley development fund as may be necessary to develop and dispose of the lands described in section 2.

      2.  Any moneys received from the development or disposition of such lands shall be deposited in the general fund.

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

 

________

 

 

CHAPTER 284, SB 214

Senate Bill No. 214–Committee on State Institutions

CHAPTER 284

AN ACT authorizing and directing the superintendent of the Nevada state hospital to convey to the state department of highways, without consideration, certain real property owned by the State of Nevada; and providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  The superintendent of the Nevada state hospital is hereby authorized, empowered and directed to convey to the state department of highways, without consideration, for the use of the department highways, all the hospital’s right, title and the right to the use of that property belonging to the State of Nevada, and now under the jurisdiction of the superintendent of the Nevada state hospital, situated in the county of Washoe, State of Nevada, and more particularly described as follows:

       All of that property under the jurisdiction of the Nevada state hospital located in Section 7, T. 19 N., R. 20 E., M.D.B. & M., and more particularly described as being bounded on the north by the Southern Pacific Railroad right of way; on the west by Coney Island Drive; on the south, southeast, and east by Kietzke Lane.

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

 

________

 

 


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

ê1961 Statutes of Nevada, Page 471ê

 

CHAPTER 285, SB 210

Senate Bill No. 210–Committee on Banks, Banking and Corporations

CHAPTER 285

AN ACT to amend NRS section 163.090, relating to the holding of stock by a trustee in the name of a nominee, by deleting the provision that the nominee shall endorse the certificate in blank and may have access to the certificate only under the immediate supervision of the trustee.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 163.090 is hereby amended to read as follows:

      163.090  A trustee owning stock may hold it in the name of a nominee without mention of the trust in the stock certificate or stock registration books; provided that:

      1.  The trust records and all reports or accounts rendered by the trustee clearly show the ownership of the stock by the trustee and the facts regarding its holding; and

      2.  The nominee shall deposit with the trustee a signed statement showing the trust ownership. [, shall endorse the stock certificate in blank, and shall not have possession of the stock certificate or access thereto except under the immediate supervision of the trustee.]

      The trustee shall be personally liable for any loss to the trust resulting from any act of such nominee in connection with stock so held.

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

 

________

 

 

CHAPTER 286, SB 209

Senate Bill No. 209–Committee on Banks, Banking and Corporations

CHAPTER 286

AN ACT to amend chapter 143 of NRS, relating to the powers and duties of executors and administrators, by adding a new section allowing executors and administrators to hold corporate stock in the name of a nominee; and providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  Chapter 143 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  An executor or administrator holding certificates of stock in such capacity may hold such stock in the name of a nominee without mention thereof in the stock certificate or registration books, if:

      (a) The executor’s or administrator’s records and all reports and accounts he renders clearly show such holding and the facts regarding such holding; and

      (b) The nominee deposits with the executor or administrator a signed statement of the true interest of the executor or administrator.


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

ê1961 Statutes of Nevada, Page 472 (Chapter 286, SB 209)ê

 

      2.  An executor or administrator is personally liable for any loss to the estate resulting from any act of the nominee in connection with stock so held.

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

 

________

 

 

CHAPTER 287, SB 193

Senate Bill No. 193–Committee on Public Health

CHAPTER 287

AN ACT to amend NRS section 639.120, relating to qualifications of applicants to become registered pharmacists, by deleting the provision that an applicant who has been a resident of the state for 1 year prior to examination and who has experience equivalent to an education in a school of pharmacy may substitute experience for graduation from an approved school of pharmacy.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 639.120 is hereby amended to read as follows:

      639.120  An applicant to become a registered pharmacist in this state must:

      1.  Be a citizen of the United States of America.

      2.  Be of good moral character.

      3.  Be a graduate of a school or college of pharmacy approved by the National Association of Boards of Pharmacy or by the Nevada state board of pharmacy. [, or, being a bona fide resident of the State of Nevada continuously for 1 year prior to the date of any examination to be given by the Nevada state board of pharmacy, have experience equivalent to such education.]

      4.  Satisfactorily pass an examination prepared, given and graded by the Nevada state board of pharmacy.

      5.  Comply with such rules or regulations, or both, of the Nevada state board of pharmacy as the board may adopt, from time to time, concerning applications to become a registered pharmacist in this state.

 

________

 

 

CHAPTER 288, SB 191

Senate Bill No. 191–Senator Whitacre

CHAPTER 288

AN ACT to amend NRS section 563.100, relating to the holding of the annual junior livestock show by the Nevada junior livestock show board and the qualifications of entrants in such show, by providing that the annual show shall be held at a place to be determined by the Nevada junior livestock show board; and providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 563.100 is hereby amended to read as follows:

      563.100  1.  The Nevada junior livestock show board shall each year hold a junior livestock show at [Reno, Nevada.]


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

ê1961 Statutes of Nevada, Page 473 (Chapter 288, SB 191)ê

 

hold a junior livestock show at [Reno, Nevada.] a place to be determined by the Nevada junior livestock show board.

      2.  Entries to the show shall be limited to animals grown and owned by persons under the age of 21 years, who have been certified by the state 4-H club leader or the state supervisor of vocational agricultural education; but students regularly registered in animal husbandry courses at the college of agriculture of the University of Nevada, over 21 years of age, may make entries, subject to the discretion of the board.

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

 

________

 

 

CHAPTER 289, SB 183

Senate Bill No. 183–Senator Parks

CHAPTER 289

AN ACT to amend NRS sections 501.265 and 501.275, relating to the appointment and election of members of county game management boards and their terms, by establishing commencement date for elective terms; by adjusting appointive terms to coincide with elective terms; and by providing other matters properly relating thereto.

 

[Approved April 5, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 501.265 is hereby amended to read as follows:

      501.265  1.  Except as provided in subsection 2, the three voting members of the county board shall be appointed by the board of county commissioners upon the recommendation of the organized sportsmen of the county.

      2.  Upon the filing of a petition containing the signatures of 10 percent or more of the qualified electors who voted for the office of district attorney in any county at the last general election, within 30 days preceding the last day of filing of declaration of candidacies as in any general election, requesting that the members of the county board be elected, the county clerk shall declare an election to fill the vacancies on the board resulting from the expiration of the regular terms of the members of the board, and shall accept nomination of candidacies for these positions, and shall place the names of the candidates on the regular general election ballot, doing all things that are necessary and required in such matters under the general election laws. Such duly elected members of the board shall be chosen on a nonpartisan ballot and shall be elected to serve for a term of 2 years [. If, on or before July 1 of the year that the terms of the elected board members shall expire, no petition has been filed requesting an election of board members as provided in this section, then the board of county commissioners shall make appointments in accordance with the provisions of subsection 1.] from the 1st Monday in January next succeeding their election. If the term of an elected board member expires without the election of a successor, the board of county commissioners shall appoint a successor in accordance with the provisions of subsection 1.


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

ê1961 Statutes of Nevada, Page 474 (Chapter 289, SB 183)ê

 

      Sec. 2.  NRS 501.275 is hereby amended to read as follows:

      501.275  Immediately after March 30, 1953, the board of county commissioners of each county shall appoint two members whose terms shall expire on July 1, 1954; the board of county commissioners shall appoint a third member whose term shall expire on July 1, 1955. The term of the member appointed to fill the vacancy in the membership of the board occurring on July 1, 1961, and the terms of the members appointed to fill the vacancies in the membership of the board occurring on July 1, 1962, shall expire on the 1st Monday in January 1963. The term of office of each member after the expiration of such terms shall be 2 years.

 

________

 

 

CHAPTER 290, SB 165

Senate Bill No. 165–Senator Rand

CHAPTER 290

AN ACT providing for the creation of the Eureka Sentinel historic state monument; appropriating $4,000 for its operation and maintenance for the biennium ending June 30, 1963; and providing other matters properly relating thereto.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  Subject to the provisions of section 3 of this act, the state park commission is hereby authorized to accept title by gift in the name of the State of Nevada to all that real property described as follows: Lot 15, block 41, of the town of Eureka, in Eureka County, Nevada.

      Sec. 2.  The authority granted by section 1 of this act shall be exercised only if the real property can be acquired by the State of Nevada without cost to the state, and only if the structure thereon and its furnishings are in suitable condition for the establishment of a Eureka Sentinel historic state monument, or if the state park commission first obtains $50,000 from a source other than the State of Nevada to be used for the purpose of putting the structure in such condition.

      Sec. 3.  There is hereby appropriated from the general fund in the state treasury the sum of $4,000 to the state park commission for the operation and maintenance for the biennium ending June 30, 1963, of the Eureka Sentinel historic state monument. The moneys hereby appropriated shall be expended only for the specific purposes herein described. Any such moneys remaining unexpended on July 1, 1963, shall revert to the general fund in the state treasury on that date.

 

________

 

 


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

ê1961 Statutes of Nevada, Page 475ê

 

CHAPTER 291, SB 147

Senate Bill No. 147–Committee on Judiciary (by request)

CHAPTER 291

AN ACT to repeal chapter 434 of NRS, the Uniform Act for the Extradition of Persons of Unsound Mind.

 

[Approved April 6, 1961]

 

      Whereas, The Uniform Act for the Extradition of Persons of Unsound Mind was promulgated by the National Conference of Commissioners on Uniform State Laws in 1916; and

      Whereas, The act was adopted by only 11 states; and

      Whereas, In 1954 the National Conference of Commissioners on Uniform State Laws withdrew the act and declared it obsolete; now, therefore,

 

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

do enact as follows:

 

      Section 1.  Chapter 434 of NRS is hereby repealed.

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

 

________

 

 

CHAPTER 292, SB 146

Senate Bill No. 146–Committee on Judiciary (by request)

CHAPTER 292

AN ACT to amend chapter 433 of NRS, relating to the Nevada state hospital, by adding a new section authorizing the warden of the Nevada state prison and the superintendent of such hospital to contract with authorities in other states for the care and detention of mentally ill inmates of the prison or hospital if Nevada facilities are inadequate; by providing for examinations of such inmates by physicians; and by providing other matters properly relating thereto.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  Chapter 433 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Whenever the warden of the Nevada state prison and the superintendent determine that the facilities of the state prison and hospital are inadequate for the detention and care of any mentally ill person confined at such prison or hospital, the warden or superintendent may request the state health officer to designate two physicians licensed under the provisions of chapter 630 of NRS, and familiar with the field of psychiatry, to examine such person. If the two physicians concur in the opinion of the warden and the superintendent, the warden or superintendent may contract with appropriate corresponding authorities in any other state of the United States, having adequate facilities for such purposes, for the reception, detention, care or treatment of such person. The two physicians designated by the state health officer shall receive no compensation for their services.


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

ê1961 Statutes of Nevada, Page 476 (Chapter 292, SB 146)ê

 

      2.  Moneys to carry out the provisions of this section shall be provided by direct legislative appropriation.

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

 

________

 

 

CHAPTER 293, SB 145

Senate Bill No. 145–Committee on Committee on Judiciary (by request)

CHAPTER 293

AN ACT to amend NRS sections 178.450, 178.455 and 178.460, relating to notice by the superintendent of the Nevada state hospital to a district judge that a person is sufficiently recovered to be tried, the impanelment of a sanity commission and the duties of the judge after receiving the sanity commission’s report, by making more specific the contents of the superintendent’s notice to the judge and the report procedure of the sanity commission; by regulating the return for trial of a person found sane and the frequency with which a person found insane may be reexamined; and by providing other matters properly relating thereto.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 178.450 is hereby amended to read as follows:

      178.450  1.  The superintendent of the Nevada state hospital shall receive the person so committed and keep him or her in his custody and under his observation and, if in his opinion such person shall have thereafter recovered his or her mental faculties to the extent of knowing the difference between right and wrong and shall be of sufficient mentality to be able to understand the nature of the criminal charge against him or her and, by reason thereof, be able to aid and assist his or her counsel in the defense interposed upon the trial or against the pronouncement of the judgement thereafter, the superintendent shall notify in writing a district judge of the judicial district in which the Nevada state hospital shall be located of his findings and opinion with respect to the sanity of the person charged with the public offense and committed to the hospital.

      2.  The notice may be informal and shall contain:

      (a) The name of such person and the county to which he may be returned for further court action.

      (b) The circumstances under which he was committed to the Nevada state hospital and the duration of his hospitalization.

      Sec. 2.  NRS 178.455 is hereby amended to read as follows:

      178.455  1.  The district judge, upon receiving the written notice of the superintendent of the Nevada state hospital that the person charged with a public offense, as provided in NRS 178.455, is of sufficient mentality to be placed upon trial for the commission thereof, shall, within a period of not to exceed 20 days, impanel a sanity commission composed of three psychiatrists, or three medical doctors, or a combination thereof [,] who are licensed to practice medicine in this state, but not including [the superintendent] members of the medical staff of the Nevada state hospital, who in the opinion of the district judge are qualified to examine the person with respect to his or her then mental condition.


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

ê1961 Statutes of Nevada, Page 477 (Chapter 293, SB 145)ê

 

state, but not including [the superintendent] members of the medical staff of the Nevada state hospital, who in the opinion of the district judge are qualified to examine the person with respect to his or her then mental condition.

      2.  The sanity commission shall, within [the time fixed by the district judge,] 20 days, examine the person designated by [him] the district judge in the order impaneling the commission, at the Nevada state hospital or at such convenient place as the commission may direct. Upon the completion of the examination the commission shall return to the district judge its report, findings and opinion in writing, which shall be in triplicate and signed by the respective members of the commission and contain, among other things, specific findings and opinion upon:

      (a) Whether the person is of sufficient mentality to know the difference between right and wrong;

      (b) Whether the person is of sufficient mentality to understand the nature of the offense charged; and

      (c) Whether the person is of sufficient mentality to aid and assist counsel in the defense of the offense charged, or to show cause why judgement should not be pronounced.

[A concurrence of two members of the commission shall be necessary to a decision.] Members of the sanity commission may report jointly or individually. A concurrence of the findings of two members shall constitute the decision of the commission. Copies of the report or reports shall be sent to the superintendent of the Nevada state hospital to be incorporated in the medical record of the person.

      Sec. 3.  NRS 178.460 is hereby amended to read as follows:

      178.460  1.  Upon receiving the report, findings and opinion of the sanity commission, and if the decision is that the person examined then and there:

      (a) Knew the difference between right and wrong;

      (b) Understood the nature of the offense charged; and

      (c) Was of sufficient mentality to aid and assist counsel in defense of the offense charged, or to show cause why judgement should not be pronounced,

the district judge shall within 10 days forward to the district judge of the district court committing the person charged with the public offense to the Nevada state hospital, and to the district attorney of the proper county, respectively, one copy of the report, findings and opinion of the sanity commission. Upon receipt thereof, the district attorney shall notify the sheriff of the county of the findings of the sanity commission and arrange for the return of the person to that county for trial upon the offense there charged or the pronouncement of judgement, as the case may be. [The return shall be made] The person shall not be returned more than 30 days before the date set for the trial or pronouncement of judgement. Such date shall be within 60 days of the receipt of the findings of the sanity commission.

      2.  If the report, findings and opinion of the sanity commission is adverse to the person charged with a public offense, such person shall remain in the Nevada state hospital and in the custody of the superintendent thereof subject to further examinations in the future or until discharged therefrom according to law.


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

ê1961 Statutes of Nevada, Page 478 (Chapter 293, SB 145)ê

 

remain in the Nevada state hospital and in the custody of the superintendent thereof subject to further examinations in the future or until discharged therefrom according to law. Further examinations shall not be granted more often than once a year, and, upon the recommendation of the superintendent of the Nevada state hospital, may be refused for a longer period.

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

 

________

 

 

CHAPTER 294, SB 140

Senate Bill No. 140–Committee on Legislative Functions

CHAPTER 294

AN ACT to amend chapter 218 of NRS, relating to the state legislature, by adding a new section creating a continuing legislative fund and providing for expenditures therefrom; to amend NRS 218.200 and 218.230, relating to senate and assembly chaplains and their compensation and compensation of officers and employees of the legislature, by deleting provisions inconsistent with such new section; and providing other matters properly relating thereto.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The legislative fund is hereby created as a continuing fund in the state treasury for the use of the legislature.

      2.  Support for the legislative fund shall be provided by legislative appropriation from the general fund.

      3.  Except as provided in subsection 4, expenditures from the legislative fund shall be made only for the purpose of carrying out the provisions of NRS 218.090 to 218.230, inclusive, NRS 218.280 to 218.520, inclusive, and section 33 of article 4 of the constitution of the State of Nevada, for the purchase of necessary supplies and equipment, and for the payment of routine operating expenses.

      4.  Expenditures from the legislative fund for purposes other than those specified in subsection 3 of this section shall be made only upon the authority of a concurrent resolution regularly adopted by the senate and assembly.

      5.  All moneys in the legislative fund shall be paid out on claims approved by the legislative counsel as other claims against the state are paid.

      Sec. 2.  NRS 218.200 is hereby amended to read as follows:

      218.200  [1.] The senate and assembly may invite ministers of the different religious denominations to officiate alternately as chaplains of their respective houses at a compensation to be fixed by concurrent resolution of the senate and the assembly.

      [2.  Compensation shall be paid out of the legislative fund at the same time and in the same manner as other payments for services to the houses are made.


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

ê1961 Statutes of Nevada, Page 479 (Chapter 294, SB 140)ê

 

same time and in the same manner as other payments for services to the houses are made. The state controller is authorized to draw his warrant for the payment of the compensation, and the state treasurer is authorized and directed to pay the same.]

      Sec. 3.  NRS 218.230 is hereby amended to read as follows:

      218.230  1.  There shall be paid to the several officers and employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each day’s employment and no more, except on the basis of merit as provided in subsections 2 and 3:

 

                                                                         Senate

Assistant secretary..............................................................................................     $18

Clerks.....................................................................................................................       11

Engrossing clerk...................................................................................................       14

Enrolling clerk.......................................................................................................       14

History clerk..........................................................................................................       15

Journal clerk..........................................................................................................       15

Minute clerk..........................................................................................................       15

Page........................................................................................................................         9

Secretary................................................................................................................       28

Sergeant-at-arms..................................................................................................       14

Stenographers......................................................................................................       15

 

                                                                      Assembly

Assistant chief clerk............................................................................................     $18

Chief clerk..............................................................................................................       28

Clerks.....................................................................................................................       11

Committee stenographer.....................................................................................       17

Engrossing clerk...................................................................................................       14

Enrolling clerk.......................................................................................................       14

History clerk..........................................................................................................       15

Journal clerk..........................................................................................................       15

Minute clerk..........................................................................................................       15

Pages......................................................................................................................         9

Sergeant-at-arms..................................................................................................       14

Stenographers......................................................................................................       15

Supply clerk..........................................................................................................       12

Typists...................................................................................................................       12

 

      2.  Increase in such daily pay may be made on the basis of merit for the following officers or employees:

 

                                                                         Senate

Enrolling clerk

History clerk

Journal clerk

Minute clerk

Sergeant-at-arms

Stenographers


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

ê1961 Statutes of Nevada, Page 480 (Chapter 294, SB 140)ê

 

                                                                      Assembly

Committee stenographers

Enrolling clerk

History clerk

Journal clerk

Minute clerk

Sergeant-at-arms

Stenographers

Supply clerk

Typists

 

      3.  Whenever any employee listed in subsection 2 has performed satisfactory service during any period of employment the daily pay of such employee may be increased by $1 for any succeeding period of employment, but the total of such merit increases shall not exceed $3.

      [4.  Funds to carry out the provisions of this section shall be provided by legislative appropriation from the general fund, and shall be paid out on claims against the legislative fund as other claims against the state are paid. During the session, all claims of the senate shall be approved by the secretary of the senate, and all claims of the assembly shall be approved by the chief clerk of the assembly.]

      Sec. 4.  Sections 1 and 2 of this act shall become effective upon passage and approval. Section 3 of this act shall become effective on the 3rd Monday in January 1963.

 

________

 

 

CHAPTER 295, SB 80

Senate Bill No. 80–Senator Parks

CHAPTER 295

AN ACT to amend NRS section 220.030, relating to salaries of members of the statute revision commission, by providing that any member who receives $15,000 annually as a justice of the supreme court shall receive $3,000 annually, any member who receives $18,000 annually as a justice of the supreme court shall, after the 1st Monday in January 1963, receive $2,000 annually; and any member who receives $20,000 annually as a justice of the supreme court shall receive no salary as a member of the commission.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 220.030 is hereby amended to read as follows:

      220.030  1.  [The] Any member whose annual salary as a justice of the supreme court is fixed by the statute in the sum of [$10,000] $15,000 shall, as a member of the commission, receive an annual salary of [$8,000.] $3,000.

      2.  [The other members shall each receive an annual salary of $3,000.] Any member whose annual salary as a justice of the supreme court is fixed by statute in the sum of $18,000 shall, after the 1st Monday in January 1963, as a member of the commission, receive an annual salary of $2,000.


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

ê1961 Statutes of Nevada, Page 481 (Chapter 295, SB 80)ê

 

court is fixed by statute in the sum of $18,000 shall, after the 1st Monday in January 1963, as a member of the commission, receive an annual salary of $2,000.

      3.  Any member whose annual salary as a justice of the supreme court is fixed by statute in the sum of [$18,000] $20,000 shall receive no salary as a member of the commission.

      4.  The salaries herein provided for shall be paid out of any appropriation heretofore or hereafter made by direct legislative appropriation from the general fund.

 

________

 

 

CHAPTER 296, SB 78

Senate Bill No. 78–Senator Parks

CHAPTER 296

AN ACT to amend NRS section 2.050, relating to the salaries of the supreme court justices, by increasing such salaries in January 1963 and thereafter.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 2.050 is hereby amended to read as follows:

      2.050  [From and after the expiration of the present term of each justice of the supreme court, his successor and successors in office thereafter shall receive a salary of $18,000 a year, payable in equal semimonthly installments as other state officers are paid.]

      1.  Until the 1st Monday in January 1963, the justice of the supreme court whose term of officer expired on the 1st Monday in January 1963 shall receive an annual salary of $15,000. From and after the 1st Monday in January 1963, his successor and successors in office shall receive an annual salary of $20,000.

      2.  Until the 1st Monday in January 1965, the justice of the supreme court whose term of office expires on the 1st Monday in January 1965 shall receive an annual salary of $18,000. From and after the 1st Monday in January 1965, his successor and successors in office shall receive an annual salary of $20,000.

      3.  Until the 1st Monday in January 1967, the justice of the supreme court whose term of office expires on the 1st Monday in January 1967 shall receive an annual salary of $18,000. From and after the 1st Monday in January 1967, his successor and successors in office shall receive an annual salary of $20,000.

      4.  All salaries herein provided for shall be payable in semimonthly installments as other state officers are paid.

 

________

 

 


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

ê1961 Statutes of Nevada, Page 482ê

 

CHAPTER 297, SB 74

Senate Bill No. 74–Senator Brown

CHAPTER 297

AN ACT appropriating the sum of $682,500 from the general fund of the state for the purpose of the construction and minimum furnishing of a library building at Nevada Southern in Clark County, Nevada; specifying the powers, duties and requirements of the state planning board and the board of regents of the University of Nevada; and providing other matters properly relating thereto.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  For the support of the state planning board in carrying out the construction and minimum furnishing of a library building at Nevada Southern in Clark County, Nevada, there is hereby appropriated from the general fund in the state treasury the sum of $682,500.

      Sec. 2.  The state planning board is hereby charged with the duty of carrying out the provisions of this act relating to contract administration, construction, equipment and minimum furnishings provided for in this act.

      Sec. 3.  The board of regents of the University of Nevada and the state planning board shall cooperate in carrying out the provisions of this act. All plans and specifications for the whole or part or parts of the construction, equipment and minimum furnishings shall be approved by the board of regents of the University of Nevada and each contract shall be approved by the attorney general before any such contract may be let.

      Sec. 4.  The state planning board shall employ competent architects, who in turn shall employ competent structural, mechanical and electrical 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 library building herein designated. 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 minimum 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 its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.

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

 

________

 

 


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

ê1961 Statutes of Nevada, Page 483ê

 

CHAPTER 298, SB 32

Senate Bill No. 32–Senator Echeverria

CHAPTER 298

AN ACT to amend chapter 108 of NRS, relating to statutory liens, by adding new sections defining trailers and providing certain procedural requirements for enforcing liens of trailer park keepers for rent and utilities; to amend NRS sections 108.270, 108.290, 108.300 and 108.310, relating to liens of vehicle and airplane dealers, repairmen and garagemen, by including trailer park keepers among persons acquiring liens under such sections; by enlarging the scope of the lien to include facilities and services supplied by trailer park keepers; and providing other matters properly relating thereto.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  Chapter 108 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      As used in NRS 108.270 to 108.360, inclusive, “trailers” means every vehicle defined in NRS 482.110, 482.125 and 484.0025.

      Sec. 2.  NRS 108.270 is hereby amended to read as follows:

      108.270  [Any] Subject to the provisions of section 6 of this act, any person or persons, company or corporation engaged in the business of buying or selling automobiles or airplanes, or keeping a garage or airport, or place for the storage, maintenance, keeping or repair of motor vehicles or airplanes, motorcycles, motor or airplane equipment or trailers, or keeping a trailer park for rental of parking space for trailers, and who in connection therewith stores, maintains, keeps or repairs any motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer, or furnishes accessories, facilities, services or [other] supplies therefor, at the request or with the consent of the owner or its or his representatives, has a lien upon such motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer, or any part or parts thereof for the sum due for such storing, maintaining, keeping or repairing of such motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer, or for labor furnished thereon, or for furnishing accessories, facilities, services or [other] supplies therefor, and for all costs incurred in enforcing such lien, and may, without process of law, detain such motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer at any time it is lawfully in his possession until such sum is paid.

      Sec. 3.  NRS 108.300 is hereby amended to read as follows:

      108.300  The lien created in NRS 108.270 to 108.360, inclusive, shall not deprive such motor vehicle or airplane dealer, garage, trailer park or airport keeper, or automobile or airplane repairmen, of any remedy allowed by law to a creditor against his debtor from the collection of all charges and advances which he has made in connection with any work or services, or supplies, facilities or accessories furnished for, on or about any motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer pursuant to an expressed or implied contract between such motor vehicle or airplane dealer, garageman, garage, trailer park or airport keeper, or automobile or airplane repairman, and the owner, or the representative of the owner of such motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer.


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

ê1961 Statutes of Nevada, Page 484 (Chapter 298, SB 32)ê

 

garage, trailer park or airport keeper, or automobile or airplane repairman, and the owner, or the representative of the owner of such motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer.

      Sec. 4.  NRS 108.310 is hereby amended to read as follows:

      108.310  [The] Subject to the provisions of section 6 of this act, the lien created in NRS 108.270 to 108.360, inclusive, may be satisfied as follows:

      1.  The motor vehicle or airplane dealer, garage, trailer park or airport keeper, or automobile or airplane repairman, shall give written notice to the person on whose account the storing, maintaining, keeping, repairing, labor, supplies, facilities, services or accessories were made, done or given, and to any other person known to have or to claim an interest in the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer, upon which the lien is asserted, and to the motor vehicle division of the department of motor vehicles.

      2.  The notice shall be given by delivery in person or by registered letter addressed to the last-known place of business or abode of the person or persons to be notified, and if no address is known then addressed to such person or persons at the place where the lien claimant has his place of business.

      3.  The notice shall contain:

      (a) An itemized statement of the claim, showing the sum due at the time of the notice and the date or dates when it became due.

      (b) A brief description of the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer against which the lien exists.

      (c) A demand that the amount of the claim as stated in the notice, and of such further claim as shall accrue, shall be paid on or before a day mentioned, not less than 10 days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.

      (d) A statement that unless the claim is paid within the time specified the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer will be advertised for sale, and sold by auction at a specified time and place.

      4.  In accordance with the terms of a notice so given, a sale by auction may be had to satisfy any valid claim which has become a lien on the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer. The sale shall be had in the place where the lien was acquired, or, if such place is manifestly unsuitable for the purpose, at the nearest suitable place.

      5.  After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer to be sold, and stating the name of the owner or person on whose account the same is held, and the time and place of the sale, shall be published once a week for 2 consecutive weeks, being 3 successive weekly issues, in a newspaper published in the place where such sale is to be held, but if no newspaper is published in such place then in some newspaper published in the State of Nevada and having a general circulation in such place.


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

ê1961 Statutes of Nevada, Page 485 (Chapter 298, SB 32)ê

 

is to be held, but if no newspaper is published in such place then in some newspaper published in the State of Nevada and having a general circulation in such place. The sale shall not be held less than 15 days from the time of the first publication.

      6.  From the proceeds of such sale the motor vehicle or airplane dealer, garage, trailer park or airport keeper, or automobile or airplane repairman furnishing services, labor, accessories, facilities or supplies shall satisfy his lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of such proceeds shall be delivered, on demand, to the person to whom he would have been bound to deliver, or justified in delivering, the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer.

      Sec. 5.  NRS 108.290 is hereby amended to read as follows:

      108.290  [Any] 1.  Except as provided in subsection 2, any lien or liens in excess of $300 acquired as provided in NRS 108.270 to 108.360, inclusive, shall be secondary lien or liens when the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer in question is sold or leased on a conditional sales agreement or a recorded lease or mortgage.

      2.  The lien of a trailer park keeper shall not exceed $200 or the total amount due and unpaid for 4 months for rentals and utilities, whichever is the lesser.

      Sec. 6.  Chapter 108 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Any keeper of a trailer park who desires to enforce a lien for unpaid rent or rent and utilities under the provisions of NRS 108.270 to 108.360, inclusive, shall, within 15 days after the rent is 30 days past due, make a demand in writing upon the registered owner of the trailer for the amount due, stating that a lien is claimed on the trailer. A copy of the demand shall be sent to the legal owner of the trailer by registered mail.

      2.  For the purpose of obtaining the name and address of the legal owner, the trailer park keeper shall request such information from the department of motor vehicles prior to making the demand for payment. The department of motor vehicles shall supply such information from its records or, if the trailer is registered in another state, territory or country, shall obtain such information from the appropriate agency of such state, territory or country.

      3.  No trailer shall be sold for delinquent rent or rent and utilities until 4 months have elapsed after the first default in payment. At least 10 days prior to such sale, a written notice shall be sent to the legal owner of the trailer by registered mail stating that a sale by auction of the trailer is to be made pursuant to the provisions of NRS 108.310.

      Sec. 7.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1961 Statutes of Nevada, Page 486ê

 

CHAPTER 299, AB 176

Assembly Bill No. 176–Mr. Swanson

CHAPTER 299

AN ACT to amend NRS section 200.030, relating to the degrees of and penalties for murder, by providing that the penalty for murder committed by a convict serving a life sentence in the state prison is death or life imprisonment without possibility of parole.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 200.030 is hereby amended to read as follows:

      200.030  1.  All murder which shall be perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate and premeditated killing, or which shall be committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery or burglary, or which shall be committed by a convict in the state prison serving a sentence of life imprisonment, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder of the second degree.

      2.  The jury before whom any person indicted for murder shall be tried shall, if they find such person guilty thereof, designate by their verdict whether it be murder of the first or second degree.

      3.  Upon a plea of guilty which specifies a degree lower than murder in the first degree, the district judge before whom such plea was made shall give sentence accordingly. If any person is convicted of murder or his confession in open court without a jury, or upon a plea of guilty without specification of a degree, the supreme court shall appoint two district judges from judicial districts other than the district in which the confession or plea is made, who shall, with the district judge before whom such confession or plea was made, or his successor in office, by examination of witnesses, determine the degree of the crime and give sentence accordingly. Such determination shall be by unanimous vote of the three district judges.

      4.  If the jury shall find the defendant guilty of murder in the first degree, then the jury by its verdict shall fix the penalty at death or imprisonment in the state prison for life with or without possibility of parole [.] , except that if the murder was committed by a convict in the state prison serving a sentence of life imprisonment, the jury shall fix the penalty at death or imprisonment in the state prison for life without possibility of parole. Upon a plea of guilty the court, as provided in subsection 3, shall determine the same; and every person convicted of murder of the second degree shall suffer imprisonment in the state prison for a term of not less than 10 years, which term may be extended to life.

 

________

 

 


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

ê1961 Statutes of Nevada, Page 487ê

 

CHAPTER 300, AB 37

Assembly Bill No. 37–Messrs. Berrum and Young

CHAPTER 300

AN ACT to amend chapter 361 of NRS, relating to property taxes, by adding new sections providing that under certain conditions property used exclusively for agricultural purposes shall be assessed at its full cash value for agricultural purposes only; providing for agreements between owners and assessors; providing for payment of additional taxes upon the sale or change of use of such land; and providing other matters properly relating thereto.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  Chapter 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Any owner of land which is used exclusively for agricultural purposes, but has a full cash value for other purposes greater than its full cash value for agricultural purposes, may contract with the county assessor for the assessment of and payment of taxes on such land as provided in sections 2 and 3 of this act.

      2.  The contract may be entered into prior to November 1 of any year, and shall provide:

      (a) That the land shall be assessed at its full cash value for agricultural purposes only, and, at the same time, the assessor shall make and enter as a notation on the assessment roll a potential assessment based upon the full cash value of the land for purposes other than agricultural purposes.

      (b) That the owner shall pay taxes only on the basis of the assessment of the land for agricultural purposes, unless he sells the land or changes its use.

      (c) That when the land is sold or its use changed, the owner will pay in additional taxes the difference between the taxes paid or payable on the basis of the assessment for agricultural purposes during the 5 years immediately preceding the year in which the sale or change of use occurs and the taxes which would have been paid or payable during such period on the basis of the potential assessment for purposes other than agricultural purposes.

      (d) That if the land is sold or its use changed within 5 years of the date of the contract, the owner will pay such additional taxes for the year in which the contract was made and for each year intervening between such year and the year in which the sale or change of use occurs.

      (e) That the additional taxes due on the basis of the potential assessment shall become a lien upon the land on the date the land is sold or its use changed.

      3.  No contract entered into pursuant to the provisions of this section shall be valid until recorded in the office of the county recorder of the county or counties in which all or any of the land is located.

      Sec. 3.  1.  The owner of any land subject to a contract entered into pursuant to the provisions of section 2 of this act shall be entitled to equalization of both the assessment and potential assessment in the year in which made, and the determination in such year of the assessment and potential assessment shall be final.


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

ê1961 Statutes of Nevada, Page 488 (Chapter 300, AB 37)ê

 

equalization of both the assessment and potential assessment in the year in which made, and the determination in such year of the assessment and potential assessment shall be final.

      2.  The county auditor, in extending the assessment roll, shall indicate in relation to any such lands the tax due for the current year, the potential tax due for the current year, and the potential tax due for the 5 years immediately preceding the current year, or, if the contract has been in effect for less than 5 years, for the appropriate number of years less than 5. The ex officio tax receiver shall include such information on the tax statements to the owners of such lands.

      3.  All additional taxes collected on the basis of potential assessments shall be deposited in a suspense fund in the county treasury and distributed on the same ratio as other property taxes are distributed for the year in which such additional taxes are collected.

 

________

 

 

CHAPTER 301, AB 437

Assembly Bill No. 437–Clark County Delegation

CHAPTER 301

AN ACT to amend chapter 534 of NRS, relating to underground water and wells, by adding a new section creating ground water boards in certain areas designated as ground water basins by the state engineer to confer with and make recommendations to the state engineer concerning well drilling and water appropriation and use; and providing for appointment and terms of members of such boards; to amend NRS section 534.030, relating to supervision of ground water basins, by making changes necessitated by the addition of such new section; and providing other matters properly relating thereto.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  Chapter 534 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  In each area designated as a ground water basin by the state engineer pursuant to the provisions of NRS 534.030, which area is located entirely within one county and includes three or more incorporated cities, a ground water board shall be established as provided in this section.

      2.  The governing bodies of all the incorporated cities within the designated area, the board of county commissioners of the county in which the area is located, and the governing body of any water district in which the area is included, or partly included, shall each submit a list of names of residents of the area to the governor, who shall appoint seven members of the board. At least one member shall be appointed from each list.

      3.  Of the first board appointed, two members shall be appointed for terms of 2 years, two members for terms of 3 years, and three members for terms of 4 years. Thereafter all members shall be recommended in the same manner and appointed for terms of 4 years.


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

ê1961 Statutes of Nevada, Page 489 (Chapter 301, AB 437)ê

 

Vacancies on the board shall be filled by appointment by the governor for the unexpired terms from the lists submitted. The board shall elect one member as chairman and one member as secretary to serve as such at the pleasure of the board.

      4.  The board shall maintain its headquarters at the county seat of the county in which the designated area is located, and shall hold meetings at such times and places as it may determine. Special meetings maybe called at any time by the secretary at the request of any four members, or by the chairman, upon notice specifying the matters to be acted upon at such meeting. No matters other than those specified in the notice shall be acted upon at such meeting unless all members are present and consent thereto. All meetings of the board shall be open to the public.

      5.  A majority of the board shall constitute a quorum, and the board shall act only by a majority of those present.

      6.  The state engineer shall not approve any application or issue any permit to drill a well, appropriate ground water, or change the place or manner of use or the point of diversion of water within the designated area until he has conferred with the board and obtained its written advice and recommendations with respect thereto.

      7.  It is the intention of the legislature that the state engineer and the board shall be in agreement whenever possible, but, for the purpose of fixing responsibility to the governor, if there is any disagreement between the state engineer and the board, the views of the state engineer shall prevail. A written report of any such disagreement shall be made immediately to the governor by the state engineer and the board.

      8.  Any ground water board may request from the state engineer or any other state, county, city or district agency such technical information, data and advice as it may require to perform its functions, and the engineer and such other agencies shall, within the resources available to them, furnish such assistance as may be requested.

      Sec. 2.  NRS 534.030 is hereby amended to read as follows:

      534.030  1.  Upon receipt by the state engineer of a petition requesting him to administer the provisions of NRS 534.010 to 534.190, inclusive, as relating to designated areas, signed by not less than 15 percent of the owners of wells, in any particular basin or portion therein, having a legal right to appropriate underground water therefrom, he shall:

      (a) Cause to be made the necessary investigations to determine if such administration would be justified.

      (b) If his findings are affirmative, designate such area by basin, or portion therein, and shall make an official order describing the boundaries by legal subdivision as nearly as possible.

      (c) Proceed with the administration of NRS 534.010 to 534.190, inclusive, as provided for herein.

      2.  In the absence of such a petition from the owners of wells in a ground water basin which the state engineer has found, after due investigation, to be in need of administration as relating to designated areas, the state engineer may upon his own motion enter an order in the same manner as if a petition, as described in subsection 1, had been received.


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

ê1961 Statutes of Nevada, Page 490 (Chapter 301, AB 437)ê

 

areas, the state engineer may upon his own motion enter an order in the same manner as if a petition, as described in subsection 1, had been received.

      3.  Such order of the state engineer may be reviewed by the district court of the county pursuant to NRS 533.450.

      4.  Such supervision shall be exercised on all wells tapping artesian water or water in definable underground aquifers drilled subsequent to March 22, 1913, and on all wells tapping percolating water, the course and boundaries of which are incapable of determination, drilled subsequent to March 25, 1939, except those wells coming under the provisions of NRS 543.180.

      5.  Within any ground water basin which has been designated or which may hereafter be so designated by the state engineer, except ground water basins subject to the provisions of section 1 of this act, and wherein a water conservation board has been created and established or wherein a water district has been created and established by law to furnish water to an area or areas within the basin or for ground water conservation purposes, the state engineer, in his discretion and in the administration of the ground water law, is hereby authorized and directed to avail himself of the services of the governing body of such water district or the water conservation board, or either or both of them, in an advisory capacity. Upon request of the state engineer, the governing body or water board shall furnish such advice and assistance to the state engineer as he may deem necessary for the purpose of the conservation of ground water within the areas affected. The services of such governing body or water conservation board shall be without compensation from the state, and the services so rendered shall be upon reasonable agreements effected with and by the state engineer.

      Sec. 3.  The first lists of names of persons recommended to serve on the ground water boards shall be submitted to the governor within 30 days after the effective date of this act, and members shall be appointed as soon thereafter as practicable.

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

 

________

 

 

CHAPTER 302, AB 403

Assembly Bill No. 403–Committee on State, County and City Affairs (By request)

CHAPTER 302

AN ACT to amend NRS section 533.270, relating to the appointment, salaries and duties of water commissioners, by exempting water commissioners from the provisions of chapter 284 of NRS, relating to personnel.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 533.270 is hereby amended to read as follows:

      533.270  1.  There shall be appointed by the state engineer, subject to confirmation by any court having jurisdiction, one or more commissioners for any stream system or water district subject to regulation and control by the state engineer.


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

ê1961 Statutes of Nevada, Page 491 (Chapter 302, AB 403)ê

 

to confirmation by any court having jurisdiction, one or more commissioners for any stream system or water district subject to regulation and control by the state engineer.

      2.  The duties and salaries of such water commissioners shall be fixed by the state engineer and the salaries shall be paid by the State of Nevada out of the water distribution funds provided for in NRS 533.290.

      3.  The water commissioners appointed under the provisions of this section shall be exempt from the provisions of chapter 284 of NRS.

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

 

________

 

 

CHAPTER 303, AB 388

Assembly Bill No. 388–Mr. Gibson

CHAPTER 303

AN ACT to amend NRS sections 266.650, 266.665, 350.260, 350.270 and 350.340, relating to the financing of improvements in cities, by excepting any city incorporated under a special act which provides for the issuance of special assessment bonds by such city from the provisions of NRS 350.260 to 350.340, inclusive; by adding radioactive fallout shelters to the improvements for the construction of which assessments may be levied and bonds issued by cities; and by providing other matters properly relating thereto.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 266.650 is hereby amended to read as follows:

      266.650  1.  Such part of the expenses of improving any streets, lanes, avenues or alleys by grading, paving, graveling, curbing, parking, constructing sidewalks or crosswalks, or otherwise improving the same, or of constructing radioactive fallout shelters, as the council shall determine, may be paid from the general fund or district street fund, from the proper street district, or the cost or a portion thereof, as the council shall determine, may be defrayed by special assessments upon lots and premises abutting upon that part of the street or alley so improved or proposed so to be, or the lands abutting upon such improvement and such other lands as in the opinion of the council may be benefited by the improvement.

      2.  When the city council shall determine to make any public improvement, such as constructing radioactive fallout shelters, laying pavements, constructing sewers, drains, sidewalks and crosswalks, curbing, macadamizing, oiling, graveling or grading any streets, avenues or alleys or in any way improving the same, and shall determine to defray the whole or any part of the costs or expenses thereof by special assessment, the council shall so declare by ordinance, stating the improvements and what part or portion of the expenses thereof shall be paid by special assessments and what amount shall be paid out of the general fund, street fund, district street fund or any other fund.

      Sec. 2.  NRS 266.665 is hereby amended to read as follows:


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

ê1961 Statutes of Nevada, Page 492 (Chapter 303, AB 388)ê

 

      266.665  1.  When the city council shall determine to make any public improvements or repairs, in constructing radioactive fallout shelters, in the laying of pavements or constructing sidewalks or in any way improving the streets in the city, and shall determine to defray the whole or any part of the cost and expenses thereof by special assessment, the council shall so declare by ordinance, stating:

      (a) The improvement and what part or portion of the expense thereof shall be paid by special assessment.

      (b) What part, if any, has been or is proposed to be appropriated from the general fund of the city, or from the street fund or district street fund.

      (c) Whether the assessment is to be made according to benefits or frontage.

      2.  In case the assessment is to be made according to benefits, the council shall by apt description designate the district including the lands to be assessed; or in case there is no district so set apart the council shall describe definitely the location of the improvement and state that the assessment is to be made upon all the lands benefited thereby proportionately to the benefits received; but in case the assessment is to be upon the property upon a frontage basis, it shall be sufficient for the ordinance to so state and to define the location of the improvements to be made.

      3.  It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to so designate the property, district or the location that the various parts to be assessed can be ascertained and described by the city assessor.

      Sec. 3.  NRS 350.260 is hereby amended to read as follows:

      350.260  1.  Any incorporated town or city in the State of Nevada, whether incorporated under a general or special act, except a town or city incorporated under a special act which provides for the issuance of special assessment bonds by such town or city, may, by ordinance, cause to be issued bonds of the town or city to be called “(Insert name of district or other descriptive words before the words) Improvement Bonds”:

      (a) Payable in annual periods of 1 to not more than 20 years from date.

      (b) To bear interest payable annually, not exceeding the rate of 7 percent per annum.

      (c) Not to be sold for less than their par value.

      2.  Such bonds shall be issued for the purpose of paying the cost of constructing radioactive fallout shelters, laying the cement sidewalks, paving, macadamizing or otherwise improving the streets and alleys in the town or city, exclusive of the intersections of streets and spaces opposite alleys therein.

      3.  The entire cost of constructing radioactive fallout shelters, laying the cement sidewalks, or paving or macadamizing or otherwise improving any such streets, avenues or alleys, properly chargeable to any blocks, lots or lands, or parts thereof, within the district assessed, may be paid by the owner of such lots or lands within 50 days from the levy of such special taxes, and thereupon such lots or lands shall be exempt from any lien or charge therefor.


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

ê1961 Statutes of Nevada, Page 493 (Chapter 303, AB 388)ê

 

of such special taxes, and thereupon such lots or lands shall be exempt from any lien or charge therefor.

      Sec. 4.  NRS 350.270 is hereby amended to read as follows:

      350.270  The bonds shall be issued only when any city or town has authorized and levied a special tax and assessment to pay for the radioactive fallout shelters or street improvements, and then only for the amount of the tax or assessment remaining unpaid by the owners at the end of the 50 days.

      Sec. 5.  NRS 350.340 is hereby amended to read as follows:

      350.340  [Nothing] Except as provided in subsection 1 of NRS 350.260, nothing contained in any city charter or general law of this state shall be considered as abrogating or nullifying any of the provisions of NRS 350.260 to 350.340, inclusive.

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

 

________

 

 

CHAPTER 304, AB 194

Assembly Bill No. 194–Committee on Livestock

CHAPTER 304

AN ACT to amend to amend chapter 561 of NRS, relating to the state board of stock commissioners and the state department of agriculture, by adding new sections declaring legislative purpose; defining terms; creating the state department of agriculture and the state board of agriculture; providing for the composition, duties and powers of such board and the qualifications, appointment, terms and compensation of the members of such board; providing for the meetings, quorum and chairmanship of such board; providing for the appointment, qualifications, compensation, powers and duties of the executive director of the state department of agriculture; creating divisions of such department and providing for the appointment of directors of such divisions; providing for officers, powers and duties of the state department of agriculture; providing penalties; creating funds and providing for the sources and uses of such funds; to amend chapter 571 of NRS, relating to diseased animals, by adding new sections defining terms; creating a special tax on livestock; providing for the inspection, treatment, seizure and quarantine of diseased animals; establishing the powers and duties of the state quarantine officer; providing penalties; providing for interstate and intrastate transportation of livestock; and creating liens; to amend chapter 555 of NRS, relating to insect, pest and weed control, by adding a new section defining a term; to amend chapter 564 of NRS, relating to brands and marks, by limiting the positions for which cattle brands of like design may be recorded; to amend chapter 569 of NRS, relating to estrays, by adding a new section defining terms; to amend chapter 573 of NRS, relating to public livestock sales, by adding a new section requiring auction facilities for brand inspectors; to amend chapter 586 of NRS, relating to economic poisons, by adding a new section defining a term; to amend chapter 588 of NRS, relating to commercial fertilizers and agricultural minerals, by adding a new section defining a term; to amend NRS sections 548.120, 549.040, 552.090, 552.130, 552.180, 552.190, 552.200, 552.270, 552.310, 553.080, 554.010 to 544.060, inclusive, 554.100 to 554.200, inclusive, 554.220 to 554.240, inclusive, 555.010 to 555.120, inclusive, 555.140 to 555.180, inclusive, 555.200, 555.235 to 555.238, inclusive, 555.241 to 555.246, inclusive, 555.248, 555.260, 555.280 to 555.420, inclusive, 555.460, 562.030, 562.170, 562.180, 563.060, 563.080, 563.130, 564.010 to 564.090, inclusive, 564.110 to 564.150, inclusive, 565.010, 565.030, 565.040, 565.070 to 565.160, inclusive, 569.010, 569.020, 569.040 to 569.130, inclusive, 569.440, 569.450, 573.010 to 573.050, inclusive, 573.070, 573.100 to 573.140, inclusive, 573.160, 573.170, 573.190, 575.050, 575.060, 576.010 to 576.060, inclusive, 576.080, 576.100 to 576.120, inclusive, 576.140, 581.010, 581.030, 581.060, 581.070, 581.300, 581.390, 581.420, 581.430, 581.450, 582.060, 582.080, 582.100, 582.180, 583.010 to 583.080, inclusive, 583.210, 586.080, 586.120, 586.230, 586.250 to 586.290, inclusive, 586.310, 586.330, 586.350, 586.380, 586.410 to 586.430, inclusive, 587.100, 587.160 to 587.190, inclusive, 587.230, 587.360, 587.370, 587.440, 587.450, 588.160 to 588.190, inclusive, 588.210, 588.230 to 588.250, inclusive, 588.270, 588.290, 588.300, 588.320, 588.330, 590.100, 590.120, 590.130, 590.150, 590.440, 619.040 and 619.130, relating to the state soil conservation committee, University of Nevada public service division fund, powers and duties of the state department of agriculture, taxes on bee stands, duties and powers of the chief inspector of the state department of agriculture, transportation, quarantine and inspection of bees, livestock and agricultural commodities, penalties, demonstration farms, definitions, the power of the governor to proclaim and enforce quarantine, the powers and duties of the state quarantine officer, the state board of stock commissioners, destruction, fumigation, disinfection and treatment of agricultural commodities, deputy state quarantine officers, civil liability for transportation of interdicted commodities, criminal procedure, insects, pests, plant diseases, duties of boards of county commissioners, declaration and abatement of public nuisances, liens and foreclosures, eradication of injurious weeds, notice, costs of eradication of injurious weeds, licenses to sell nursery stock, fees, revocation of, suspension of, and refusal to grant licenses, inspection of nurseries and nursery stock, certification of pest conditions, infected nursery stock, custom application of plant treatments, insurance, limitation of actions, bonds, court review, records and reports of licenses, regulations of the director of the state department of agriculture, the Nevada junior livestock show board, recording and rerecording of livestock brands and marks, awards of brands, certificates of recordation and rerecordation, fees for recording brands or marks, transfer of brands, position of brands, brand inspection districts, fees for brand inspections, removal of branded animals from brand inspection districts, transfer of branded animals, brand inspection clearance certificates, brand inspectors, seizure and disposal of animals, the state board of sheep commissioners, noxious and predatory animals, special taxes on sheep, estray animals, rights and duties of persons taking up estrays, notice of estray, the stock inspection fund, sale and disposition of estrays, damages for livestock trespass, legal fences, public livestock auction licenses and bonds, records of livestock auctions and sales of livestock for slaughter, regulation of public livestock sales, agreements for benefit of livestock industry, sales of livestock by state board of stock commissioners, livestock and farm dealers, brokers and commission merchants, licenses and fees, investigations of farm products transactions, the state sealer of weights and measures, standards for marking weights and measures, sales of meats and poultry by weight, misrepresentation of merchandise, bonds of public weighmasters, weight certificates, sales of diseased or unwholesome poultry, market produce, meat and fish, sale and possession of carcasses of certain animals and fowl, horse meat, registration, toxicity, sale, distribution, contents and labeling of economic poisons, the United States Department of Agriculture, disclosure of formulas, exemptions, tests, labeling, sale, importation, transportation and inspection of agricultural products and seeds, fraudulent representations, registration, analysis, licensing, distribution, contents, production, weight, seizure and disposal of commercial fertilizers and agricultural minerals, injunctions, branding, labeling, mixing, adulterating, collection, payment and disposition of petroleum inspection fees, antifreeze and farm labor contractor bonds and licenses, by transferring the duties and powers of the executive officer of the state department of agriculture to the executive director of the state department of agriculture, defining terms, broadening the powers and duties of the state department of agriculture, clarifying ambiguities, transferring powers and duties of bee and apiary inspectors to the state department of agriculture, restricting the powers of the governor to proclaim and enforce quarantine, broadening the powers and duties of the state quarantine officer, changing definitions, deleting all references to the state board of stock commissioners, clarifying terms, restricting the powers of boards of county commissioners relating to inspections of orchards, nurseries, trees and plants, restricting the right of the state quarantine officer to contract, change methods of service of notices, establishing the powers and duties of the executive director of the state department of agriculture, changing references to stock inspection fund to livestock inspection fund, regulating the delivery of nursery stock, restricting the powers of the Nevada junior livestock show board, prohibiting recording of brands of like designs for use in same positions on animals, providing penalties, requiring signatures on brand inspection clearance certificates, changing the time for notice of levy of tax on sheep to be sent to county commissioners, changing statutory cross references, deleting provision allowing county commissioners to modify the definition of legal fences, authorizing the state department of agriculture to require bonds of operators of public livestock auctions, providing remedies on such bonds, deleting references to the stock inspection fund, requiring livestock receipts to be sent to the state department of agriculture, providing procedures for changing days on which public livestock auctions are held, creating a livestock aid fund and providing for the uses of such fund, providing legal remedies for persons having claims against livestock brokers and dealers, deleting obsolete language, clarifying and simplifying penalties, allowing the state sealer of weights and measures to require bonds of public weighmasters and to issue and compile weight certificate books and charge fees therefor, broadening the powers of the state health officer, requiring primal cuts of meat and shellfish containers to be stamped prior to sale, prohibiting sale of fowl not processed in establishments approved by the state department of health, deleting reference to agriculture registration and enforcement fund, reducing amounts of agricultural seeds subject to labeling, providing for the disposition of inspection fees, authorizing the labor commissioner to require bonds of farm labor contractors and deleting necessity of a court stenographer at hearings on farm labor contractor licenses; providing for the transfer of members of the state board of stock commissioners and for the duties of the executive officer of the state department of agriculture; providing for the transfer of records and funds; to repeal chapter 570 of NRS, relating to the breeding and registration of animals; to repeal NRS sections 552.110, 552.140, 552.150, 552.207, 555.250, 555.430, 555.440, 561.010, to 561.650, inclusive, 565.020, 565.050, 565.060, 567.180 to 567.250, inclusive, 569.030, 569.260, 569.270, 569.460 to 569.490, inclusive, 571.010 to 571.040, inclusive, 576.070, 576.130, 581.040, 581.100, 583.090, 583.100, 586.070, 586.240, 586.320, 586.340, 587.090, 587.110, 587.130, 587.140, 587.330 to 587.350, inclusive, 588.060, 588.220, 588.280, 588.310, 590.390, 590.410 and 619.150, relating to apiary districts, the apiary inspection fund, inspectors, disposition of fees, penalties, delegation of functions, powers and duties of the director appointed to supervise state control of bees and apiaries, the state board of stock commissioners and the state department of agriculture, sheep and goats without brands or marks, recording and rerecording of brands and marks, duties and fees of county recorders, effect of recorded brands and marks, publication of notice, unlawful uses of brands and marks, definitions, brand inspectors, the stock inspection fund, extermination of noxious vermin, county inspectors, bounties, trespassing sheep and goats, animals running at large, diseased animals, livestock and produce brokers, the state sealer of weights and measures and his deputies, inspectors of weights and measures, transportation of poultry, records of purchases of poultry, power and duties of the director of the division of plant industry of the state department of agriculture, deputy state quarantine officers, testing laboratories, claims, rules and regulations and powers and duties of the state quarantine officer, tonnage license fees, distribution and sales of commercial fertilizers and agricultural minerals and the farm labor contractors fund; and providing other matters properly relating thereto.


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

ê1961 Statutes of Nevada, Page 494 (Chapter 304, AB 194)ê

 

563.080, 563.130, 564.010 to 564.090, inclusive, 564.110 to 564.150, inclusive, 565.010, 565.030, 565.040, 565.070 to 565.160, inclusive, 569.010, 569.020, 569.040 to 569.130, inclusive, 569.440, 569.450, 573.010 to 573.050, inclusive, 573.070, 573.100 to 573.140, inclusive, 573.160, 573.170, 573.190, 575.050, 575.060, 576.010 to 576.060, inclusive, 576.080, 576.100 to 576.120, inclusive, 576.140, 581.010, 581.030, 581.060, 581.070, 581.300, 581.390, 581.420, 581.430, 581.450, 582.060, 582.080, 582.100, 582.180, 583.010 to 583.080, inclusive, 583.210, 586.080, 586.120, 586.230, 586.250 to 586.290, inclusive, 586.310, 586.330, 586.350, 586.380, 586.410 to 586.430, inclusive, 587.100, 587.160 to 587.190, inclusive, 587.230, 587.360, 587.370, 587.440, 587.450, 588.160 to 588.190, inclusive, 588.210, 588.230 to 588.250, inclusive, 588.270, 588.290, 588.300, 588.320, 588.330, 590.100, 590.120, 590.130, 590.150, 590.440, 619.040 and 619.130, relating to the state soil conservation committee, University of Nevada public service division fund, powers and duties of the state department of agriculture, taxes on bee stands, duties and powers of the chief inspector of the state department of agriculture, transportation, quarantine and inspection of bees, livestock and agricultural commodities, penalties, demonstration farms, definitions, the power of the governor to proclaim and enforce quarantine, the powers and duties of the state quarantine officer, the state board of stock commissioners, destruction, fumigation, disinfection and treatment of agricultural commodities, deputy state quarantine officers, civil liability for transportation of interdicted commodities, criminal procedure, insects, pests, plant diseases, duties of boards of county commissioners, declaration and abatement of public nuisances, liens and foreclosures, eradication of injurious weeds, notice, costs of eradication of injurious weeds, licenses to sell nursery stock, fees, revocation of, suspension of, and refusal to grant licenses, inspection of nurseries and nursery stock, certification of pest conditions, infected nursery stock, custom application of plant treatments, insurance, limitation of actions, bonds, court review, records and reports of licenses, regulations of the director of the state department of agriculture, the Nevada junior livestock show board, recording and rerecording of livestock brands and marks, awards of brands, certificates of recordation and rerecordation, fees for recording brands or marks, transfer of brands, position of brands, brand inspection districts, fees for brand inspections, removal of branded animals from brand inspection districts, transfer of branded animals, brand inspection clearance certificates, brand inspectors, seizure and disposal of animals, the state board of sheep commissioners, noxious and predatory animals, special taxes on sheep, estray animals, rights and duties of persons taking up estrays, notice of estray, the stock inspection fund, sale and disposition of estrays, damages for livestock trespass, legal fences, public livestock auction licenses and bonds, records of livestock auctions and sales of livestock for slaughter, regulation of public livestock sales, agreements for benefit of livestock industry, sales of livestock by state board of stock commissioners, livestock and farm dealers, brokers and commission merchants, licenses and fees, investigations of farm products transactions, the state sealer of weights and measures, standards for marking weights and measures, sales of meats and poultry by weight, misrepresentation of merchandise, bonds of public weighmasters, weight certificates, sales of diseased or unwholesome poultry, market produce, meat and fish, sale and possession of carcasses of certain animals and fowl, horse meat, registration, toxicity, sale, distribution, contents and labeling of economic poisons, the United States Department of Agriculture, disclosure of formulas, exemptions, tests, labeling, sale, importation, transportation and inspection of agricultural products and seeds, fraudulent representations, registration, analysis, licensing, distribution, contents, production, weight, seizure and disposal of commercial fertilizers and agricultural minerals, injunctions, branding, labeling, mixing, adulterating, collection, payment and disposition of petroleum inspection fees, antifreeze and farm labor contractor bonds and licenses, by transferring the duties and powers of the executive officer of the state department of agriculture to the executive director of the state department of agriculture, defining terms, broadening the powers and duties of the state department of agriculture, clarifying ambiguities, transferring powers and duties of bee and apiary inspectors to the state department of agriculture, restricting the powers of the governor to proclaim and enforce quarantine, broadening the powers and duties of the state quarantine officer, changing definitions, deleting all references to the state board of stock commissioners, clarifying terms, restricting the powers of boards of county commissioners relating to inspections of orchards, nurseries, trees and plants, restricting the right of the state quarantine officer to contract, change methods of service of notices, establishing the powers and duties of the executive director of the state department of agriculture, changing references to stock inspection fund to livestock inspection fund, regulating the delivery of nursery stock, restricting the powers of the Nevada junior livestock show board, prohibiting recording of brands of like designs for use in same positions on animals, providing penalties, requiring signatures on brand inspection clearance certificates, changing the time for notice of levy of tax on sheep to be sent to county commissioners, changing statutory cross references, deleting provision allowing county commissioners to modify the definition of legal fences, authorizing the state department of agriculture to require bonds of operators of public livestock auctions, providing remedies on such bonds, deleting references to the stock inspection fund, requiring livestock receipts to be sent to the state department of agriculture, providing procedures for changing days on which public livestock auctions are held, creating a livestock aid fund and providing for the uses of such fund, providing legal remedies for persons having claims against livestock brokers and dealers, deleting obsolete language, clarifying and simplifying penalties, allowing the state sealer of weights and measures to require bonds of public weighmasters and to issue and compile weight certificate books and charge fees therefor, broadening the powers of the state health officer, requiring primal cuts of meat and shellfish containers to be stamped prior to sale, prohibiting sale of fowl not processed in establishments approved by the state department of health, deleting reference to agriculture registration and enforcement fund, reducing amounts of agricultural seeds subject to labeling, providing for the disposition of inspection fees, authorizing the labor commissioner to require bonds of farm labor contractors and deleting necessity of a court stenographer at hearings on farm labor contractor licenses; providing for the transfer of members of the state board of stock commissioners and for the duties of the executive officer of the state department of agriculture; providing for the transfer of records and funds; to repeal chapter 570 of NRS, relating to the breeding and registration of animals; to repeal NRS sections 552.110, 552.140, 552.150, 552.207, 555.250, 555.430, 555.440, 561.010, to 561.650, inclusive, 565.020, 565.050, 565.060, 567.180 to 567.250, inclusive, 569.030, 569.260, 569.270, 569.460 to 569.490, inclusive, 571.010 to 571.040, inclusive, 576.070, 576.130, 581.040, 581.100, 583.090, 583.100, 586.070, 586.240, 586.320, 586.340, 587.090, 587.110, 587.130, 587.140, 587.330 to 587.350, inclusive, 588.060, 588.220, 588.280, 588.310, 590.390, 590.410 and 619.150, relating to apiary districts, the apiary inspection fund, inspectors, disposition of fees, penalties, delegation of functions, powers and duties of the director appointed to supervise state control of bees and apiaries, the state board of stock commissioners and the state department of agriculture, sheep and goats without brands or marks, recording and rerecording of brands and marks, duties and fees of county recorders, effect of recorded brands and marks, publication of notice, unlawful uses of brands and marks, definitions, brand inspectors, the stock inspection fund, extermination of noxious vermin, county inspectors, bounties, trespassing sheep and goats, animals running at large, diseased animals, livestock and produce brokers, the state sealer of weights and measures and his deputies, inspectors of weights and measures, transportation of poultry, records of purchases of poultry, power and duties of the director of the division of plant industry of the state department of agriculture, deputy state quarantine officers, testing laboratories, claims, rules and regulations and powers and duties of the state quarantine officer, tonnage license fees, distribution and sales of commercial fertilizers and agricultural minerals and the farm labor contractors fund; and providing other matters properly relating thereto.


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

ê1961 Statutes of Nevada, Page 495 (Chapter 304, AB 194)ê

 

defining terms, broadening the powers and duties of the state department of agriculture, clarifying ambiguities, transferring powers and duties of bee and apiary inspectors to the state department of agriculture, restricting the powers of the governor to proclaim and enforce quarantine, broadening the powers and duties of the state quarantine officer, changing definitions, deleting all references to the state board of stock commissioners, clarifying terms, restricting the powers of boards of county commissioners relating to inspections of orchards, nurseries, trees and plants, restricting the right of the state quarantine officer to contract, change methods of service of notices, establishing the powers and duties of the executive director of the state department of agriculture, changing references to stock inspection fund to livestock inspection fund, regulating the delivery of nursery stock, restricting the powers of the Nevada junior livestock show board, prohibiting recording of brands of like designs for use in same positions on animals, providing penalties, requiring signatures on brand inspection clearance certificates, changing the time for notice of levy of tax on sheep to be sent to county commissioners, changing statutory cross references, deleting provision allowing county commissioners to modify the definition of legal fences, authorizing the state department of agriculture to require bonds of operators of public livestock auctions, providing remedies on such bonds, deleting references to the stock inspection fund, requiring livestock receipts to be sent to the state department of agriculture, providing procedures for changing days on which public livestock auctions are held, creating a livestock aid fund and providing for the uses of such fund, providing legal remedies for persons having claims against livestock brokers and dealers, deleting obsolete language, clarifying and simplifying penalties, allowing the state sealer of weights and measures to require bonds of public weighmasters and to issue and compile weight certificate books and charge fees therefor, broadening the powers of the state health officer, requiring primal cuts of meat and shellfish containers to be stamped prior to sale, prohibiting sale of fowl not processed in establishments approved by the state department of health, deleting reference to agriculture registration and enforcement fund, reducing amounts of agricultural seeds subject to labeling, providing for the disposition of inspection fees, authorizing the labor commissioner to require bonds of farm labor contractors and deleting necessity of a court stenographer at hearings on farm labor contractor licenses; providing for the transfer of members of the state board of stock commissioners and for the duties of the executive officer of the state department of agriculture; providing for the transfer of records and funds; to repeal chapter 570 of NRS, relating to the breeding and registration of animals; to repeal NRS sections 552.110, 552.140, 552.150, 552.207, 555.250, 555.430, 555.440, 561.010, to 561.650, inclusive, 565.020, 565.050, 565.060, 567.180 to 567.250, inclusive, 569.030, 569.260, 569.270, 569.460 to 569.490, inclusive, 571.010 to 571.040, inclusive, 576.070, 576.130, 581.040, 581.100, 583.090, 583.100, 586.070, 586.240, 586.320, 586.340, 587.090, 587.110, 587.130, 587.140, 587.330 to 587.350, inclusive, 588.060, 588.220, 588.280, 588.310, 590.390, 590.410 and 619.150, relating to apiary districts, the apiary inspection fund, inspectors, disposition of fees, penalties, delegation of functions, powers and duties of the director appointed to supervise state control of bees and apiaries, the state board of stock commissioners and the state department of agriculture, sheep and goats without brands or marks, recording and rerecording of brands and marks, duties and fees of county recorders, effect of recorded brands and marks, publication of notice, unlawful uses of brands and marks, definitions, brand inspectors, the stock inspection fund, extermination of noxious vermin, county inspectors, bounties, trespassing sheep and goats, animals running at large, diseased animals, livestock and produce brokers, the state sealer of weights and measures and his deputies, inspectors of weights and measures, transportation of poultry, records of purchases of poultry, power and duties of the director of the division of plant industry of the state department of agriculture, deputy state quarantine officers, testing laboratories, claims, rules and regulations and powers and duties of the state quarantine officer, tonnage license fees, distribution and sales of commercial fertilizers and agricultural minerals and the farm labor contractors fund; and providing other matters properly relating thereto.


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

ê1961 Statutes of Nevada, Page 496 (Chapter 304, AB 194)ê

 

the state quarantine officer, tonnage license fees, distribution and sales of commercial fertilizers and agricultural minerals and the farm labor contractors fund; and providing other matters properly relating thereto.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  Chapter 561 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 50, inclusive, of this act.

      Sec. 2.  The legislature declares that the purpose of this act is:

      1.  To benefit and to promote the welfare of all the people of the State of Nevada.

      2.  To promote the efficient, orderly and economical conduct of the various activities for the encouragement, advancement and protection of the livestock and agricultural industries of the State of Nevada.

      Sec. 3.  As used in this chapter, unless the context requires otherwise:

      1.  “Board” means the state board of agriculture.

      2.  “Department” means the state department of agriculture of the State of Nevada.

      3.  “Executive director” means the executive director of the state department of agriculture.

      4.  “Livestock” means:

      (a) All cattle or animals of the bovine species.

      (b) All horses, mules, burros and asses or animals of the equine species.

      (c) All swine or animals of the porcine species.

      (d) All goats or animals of the caprine species.

      (e) All poultry or domesticated fowl or birds.

      (f) All dogs, cats or other animals domesticated or under the restraint or control of man.

      Sec. 4.  There is hereby created the state department of agriculture of the State of Nevada in which shall be vested the administration of the provisions of this chapter.

      Sec. 5.  There is hereby created in the state department of agriculture a state board of agriculture composed of six members appointed by the governor.

      Sec. 6.  1.  Three members of the board shall be actively engaged in range or semirange cattle production, one in dairying, one in general farming and one in the apiary industry.

      2.  No more than two members shall be residents of the same county, and the range or semirange cattle production members shall be residents of different counties.

      Sec. 7.  1.  The members of the board shall serve at the pleasure of the governor, but no appointment shall extend beyond a period of 4 years.

      2.  The members shall be appointed with staggered terms so that at all times there are at least three members, each with no less than 1 year’s experience on the board.


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

ê1961 Statutes of Nevada, Page 497 (Chapter 304, AB 194)ê

 

      Sec. 8.  While engaged in official business of the department, the members of the board shall receive the per diem expense allowance and travel expenses as provided by law.

      Sec. 9.  1.  The board shall elect one of its members as chairman of the board.

      2.  The executive director shall act as the nonvoting recording secretary of the board. He shall keep the minutes of the proceedings of the board.

      Sec. 10.  1.  The member of the board shall meet at such times and at such places as shall be specified by the call of the chairman or a majority of the board, but a meeting of the board shall be held at least once every 3 months. In case of emergency, special meetings may be called by the chairman or by the executive director.

      2.  Four members of the board shall constitute a quorum. A quorum may exercise all the power and authority conferred on the board.

      3.  Minutes of each meeting, regular or special, shall be filed with the department and shall be public records.

      Sec. 11.  1.  The board shall have only such powers and duties as are authorized by law.

      2.  The board shall have the following powers and duties:

      (a) To be informed on and interested in the entire field of legislation and administration charged to the department.

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

      (c) To advise and make recommendations to the governor or the legislature relative to the livestock and agriculture policy of the state.

      (d) To formulate the policy of the department and the various divisions thereof.

      (e) From time to time, to adopt, amend and rescind such rules and regulations as it may deem necessary for the operation of the department and for carrying out the provisions of the laws and programs administered by the department. Such rules and regulations shall have the force and effect of law.

      3.  The board shall prescribe rules and regulations for its own management and government.

      Sec. 12.  The position of executive director of the state department of agriculture is hereby created. The executive director shall be appointed by and be responsible to the board. He shall be appointed on the basis of merit under the provisions of chapter 284 of NRS and shall be in the classified service except for the purposes of removal.

      Sec. 13.  The executive director shall be a graduate from an accredited college or university, and he shall have at least 5 years’ experience in official agricultural or livestock regulatory work.

      Sec. 14.  1.  The executive director shall receive an annual salary which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.

      2.  The salary of the executive director may be apportioned and paid from any funds available to the department, unless otherwise provided by law.


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

ê1961 Statutes of Nevada, Page 498 (Chapter 304, AB 194)ê

 

      3.  The executive director shall receive the per diem expense allowance and travel expenses as provided by law.

      Sec. 15.  1.  As the executive head of the department, the executive director shall direct and supervise all administrative and technical activities of the department, and all programs administered by the department as provided by law. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.

      2.  The executive director may, within such limitations as may be provided by law, organize the department into various divisions and, from time to time, after such organization and reassign responsibilities and duties as he may deem appropriate.

      3.  The executive director shall:

      (a) Coordinate the activities of the various divisions of the department.

      (b) Report to the board upon all matters pertaining to the administration of the department.

      (c) Submit a biennial report to the governor, the legislature and the board of the work of the department, with recommendations that he may deem necessary. The report shall set forth the facts relating to the condition of the livestock, agriculture and related industries in the State of Nevada.

      Sec. 16.  The executive director is hereby designated and appointed ex officio state sealer of weights and measures, and shall carry out all the duties of the state sealer of weights and measures as provided by law.

      Sec. 17.  The executive director is hereby designated and appointed ex officio state quarantine officer, and shall carry out all the duties of the state quarantine officer as provided by law.

      Sec. 18.  The executive director may serve as the director of the division of animal industry or as the director of the division of plant industry if properly qualified as required by sections 20 and 21 of this act. He may serve as director of any other division created within the department as provided by paragraph (c) of subsection 1 of section 19.

      Sec. 19.  1.  The department shall consist of:

      (a) The division of animal industry.

      (b) The division of plant industry.

      (c) Such other divisions as the executive director may from time to time establish.

      2.  The division of animal industry shall manage activities of the department pertaining to the protection and promotion of the livestock industry of the State of Nevada.

      3.  The division of plant industry shall manage activities of the department pertaining to the protection and promotion of the agricultural industry of the State of Nevada.

      Sec. 20.  The director of the division of animal industry shall be appointed on the basis of merit under the provisions of chapter 284 of NRS, and he shall be in the classified service. He shall be a graduate of a veterinary school or college approved by the American Veterinary Medical Association, with at least 5 years’ experience in official livestock disease regulatory and control work.


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

ê1961 Statutes of Nevada, Page 499 (Chapter 304, AB 194)ê

 

Medical Association, with at least 5 years’ experience in official livestock disease regulatory and control work.

      Sec. 21.  The director of the division of plant industry shall be appointed on the basis of merit under the provisions of chapter 284 of NRS, and he shall be in the classified service. He shall be a graduate of an accredited college or university with a major in one of the agricultural sciences, and he shall have at least 5 years’ experience in official agricultural regulatory work.

      Sec. 22.  1.  The executive director shall appoint, pursuant to the provisions of chapter 284 of NRS, such technical, clerical and operational staff as the execution of his duties and the operation of the department may require. At the discretion of the executive director, livestock inspectors and detectives and brand inspectors shall have the same power to make arrests as any other peace officers for violations of laws administered by the department.

      2.  Officers and employees of the department shall receive the per diem expense allowance and travel expenses as provided by law.

      Sec. 23.  The executive director may designate an employee or employees of the department to act as his deputy or deputies. In case of the absence of the executive director, or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his deputy or deputies.

      Sec. 24.  1.  The department shall maintain its headquarters office at Reno, Nevada.

      2.  The department may maintain such district or branch offices throughout the state as the executive director may deem necessary to the efficient operation of the department and the various divisions thereof. The executive director is hereby authorized, on behalf of the department, to enter into such leases or other agreements as may be necessary to the establishment of such district or branch offices. Such leases or agreements shall be executed in cooperation with the department of buildings and grounds and in accordance with the provisions of NRS 331.110.

      Sec. 25.  In the administration of various programs by the department as provided by law, the department may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government or any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, an individual, or a group of individuals, but such cooperation shall not of itself relieve any person, department, agency corporation or political subdivision of any responsibility or liability existing under any provision of law.

      Sec. 26.  1.  The department may accept:

      (a) Funds appropriated and made available by any Act of the Congress of the United States for the various programs administered by the department as provided by law.

      (b) Funds and contributions made available by a county, a city, a public district or any political subdivision of this state for the various programs administered by the department as provided by law.


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ê1961 Statutes of Nevada, Page 500 (Chapter 304, AB 194)ê

 

      (c) Funds and contributions made available by a public or private corporation, by a group of individuals, or by individuals, for the various programs administered by the department as provided by law.

      2.  Any funds accepted by the department under the provisions of this section may be deposited in any appropriate fund available to the department, unless otherwise provided by law.

      Sec. 27.  All general orders, rules or regulations applying to the state, a county or a district shall be published at least twice in a newspaper having general circulation in the area affected by the order, rule or regulation. Such publication shall constitute legal notice of the order, rule or regulation, and shall be in accordance with the provisions of NRS 238.010 to 238.080, inclusive.

      Sec. 28.  1.  The department may exhibit and display property, objects, articles, things, livestock and commodities at exhibits, fairs, expositions and places of public or private exhibition.

      2.  The department may negotiate, consult with and agree with institutions, departments, officers, persons and corporations of and in the State of Nevada and elsewhere concerning quarters for and the preservation, care, transportation, storing, custody, display and exhibition of property, objects, articles, things, livestock and commodities, and concerning the terms and cost thereof, the manner, time, place and extent thereof, and the return thereof.

      Sec. 29.  The department may collect and disseminate, throughout the state, information calculated to educate and benefit the livestock and agricultural industries of the State of Nevada, and information pertaining to any program administered by the department.

      Sec. 30.  (This section deleted by amendment.)

      Sec. 31.  1.  The executive director may issue and enforce a written hold order to the owner or custodian of any agricultural commodity, livestock, livestock product, appliance, material or article which he finds is in violation of any of the provisions of law administered by the department or which he finds to be infested with a pest or infected with a disease. Such order may prohibit further sale or movement or require that the agricultural commodity, livestock, livestock product, appliance, material or article be held on the premises or at a designated premise until the executive director has evidence that the hold order has been complied with, and upon compliance such order shall be dissolved.

      2.  It shall be unlawful to move or otherwise dispose of any agricultural commodity, livestock, livestock product, appliance, material or article except with the permission of the executive director and for the purposes specified therein. Upon demand, the owner or custodian of such agricultural commodity, livestock, livestock product, appliance, material or article shall have the right to a hearing before the executive director relative to the justification of any such order. The provisions of this section shall not be construed as limiting the right of the department to proceed as authorized by law. Any decision of the executive director in accordance with the section is subject to review by any court of competent jurisdiction.


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ê1961 Statutes of Nevada, Page 501 (Chapter 304, AB 194)ê

 

      Sec. 32.  The department shall establish and maintain a laboratory or laboratories for the following purposes:

      1.  The diagnosis of infectious, contagious and parasitic diseases of livestock, as may be necessary under the provisions of chapter 571 of NRS.

      2.  The diagnosis of infectious, contagious and parasitic diseases of bees, as may be necessary under the provisions of NRS 552.085 to 552.310, inclusive.

      3.  The diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as may be necessary under the provisions of NRS 554.010 to 554.240, inclusive.

      4.  The survey and identification of insect pests, plant diseases and noxious weeds, and the maintenance of a herbarium, as may be necessary under the provisions of NRS 555.010 to 555.250, inclusive.

      5.  The testing of economic poisons, insecticides, fungicides, herbicides and rodenticides as may be necessary under the provisions of NRS 586.010 to 586.450, inclusive, and NRS 555.260 to 555.460, inclusive.

      6.  The safekeeping and maintenance of official standards of weights and measures as may be necessary under the provisions of NRS 581.010 to 581.460, inclusive.

      7. The testing and grading of agricultural products and the testing of the purity and germinating power of agricultural seeds, as may be necessary under the provisions of NRS 587.010 to 587.280, inclusive.

      8.  The analysis and testing of commercial fertilizers and agricultural minerals as may be necessary under the provisions of NRS 588.010 to 588.350, inclusive.

      9.  The analysis and testing of petroleum products, as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.

      10.  The analysis and testing of antifreeze, as may be necessary under the provisions of NRS 590.340 to 590.450, inclusive.

      11.  Any laboratory examinations, diagnoses, analyses or testing as may be deemed necessary by the executive director and which can be made with equipment available in any such laboratory. Any citizen shall have the privilege of submitting samples to the department for examination, diagnosis, analysis or testing, subject to such rules and regulations as may be promulgated by the executive director.

      Sec. 33.  The executive director may fix the maximum number of samples that may be examined, diagnosed, analyzed or tested in the department’s laboratory or laboratories free of charge for any one individual, group or corporation in any one period, and may fix reasonable fees for samples submitted in excess of those tested free of charge.

      Sec. 34.  1.  The agriculture working capital fund is hereby created for the use of the department.

      2.  All monies collected by the department as provided by law may be deposited in the agriculture working capital fund and held in such fund until transferred to the proper funds in the state treasury as required by law, and in accordance with the provisions of NRS 353.250.


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ê1961 Statutes of Nevada, Page 502 (Chapter 304, AB 194)ê

 

      3.  The agriculture working capital fund shall be used specifically for carrying out the provisions of NRS 569.010 to 569.130, inclusive.

      4.  The agriculture working capital fund may be used as a revolving fund for paying expenses of all programs and laws administered by the department, and in such case, the fund shall be promptly reimbursed from the proper funds in the state treasury by claims paid as other claims against the state are paid.

      5.  Notwithstanding the provisions of NRS 281.171 to 281.175, inclusive, the agriculture working capital fund may be used for the purpose of providing advance funds to officers and employees of the department for travel expenses and subsistence allowances arising out of their official duties or employment. Such advances shall constitute a lien in favor of the department upon the accrued wages of the requesting officer or employee in an amount equal to the sum advanced, but the executive director may advance more than the amount of the accrued wages of the officer or employee. Upon the return of the officer or employee, he shall be entitled to receive any authorized expenses and subsistence in excess of the amount advanced, and a sum equal to the advance shall be paid into the agriculture working capital fund.

      6.  The agriculture working capital fund shall be deposited in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS, and the deposit shall be secured by a depository bond satisfactory to the state board of examiners.

      Sec. 35.  1.  The livestock inspection fund is hereby created in the state treasury for the use of the department.

      2.  The following special taxes, fees and moneys shall be deposited in the livestock inspection fund:

      (a) All special taxes on livestock as provided by law.

      (b) Fees and moneys collected pursuant to the provisions of NRS 564.010 to 564.150, inclusive.

      (c) Fees collected pursuant to the provisions of NRS 565.010 to 565.170, inclusive.

      (d) Unclaimed proceeds from the sale of estrays under the provisions of NRS 569.010 to 569.130, inclusive.

      (e) Fees collected under the provisions of NRS 573.010 to 573.190, inclusive.

      (f) Fees collected under the provisions of NRS 576.010 to 576.150, inclusive.

      (g) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of livestock, as authorized by section 32 of this act, and as may be necessary under the provisions of chapter 571 of NRS.

      3.  Expenditures from the livestock inspection fund shall be made only for the purposes of carrying out the provisions of chapters 564, 569, 571, 573 and 576 of NRS, and the provisions of this chapter.

      Sec. 36.  1.  The plant industry fund is hereby created in the state treasury for the use of the department.

      2.  The following fees and moneys shall be deposited in the plant industry fund:


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ê1961 Statutes of Nevada, Page 503 (Chapter 304, AB 194)ê

 

      (a) Fees collected under the provisions of NRS 555.010 to 555.460, inclusive.

      (b) Fees and moneys collected pursuant to the provisions of NRS 582.010 to 582.180, inclusive.

      (c) Fees collected pursuant to the provisions of NRS 587.010 to 587.450, inclusive.

      (d) Laboratory fees collected for the diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as authorized by section 32 of this act, and as may be necessary under the provisions of NRS 554.010 to 554.240, inclusive.

      (e) Laboratory fees collected for the survey and identification of insect pests, plant diseases and noxious weeds, as authorized by section 32 of this act, and as may be necessary under the provisions of NRS 555.010 to 555.250, inclusive.

      (f) Laboratory fees collected for the testing of the purity and germinating power of agricultural seeds, as authorized by section 32 of this act, and as may be necessary under the provisions of NRS 587.010 to 587.280, inclusive.

      3.  Expenditures from the plant industry fund shall be made only for the purposes of carrying out the provisions of chapters 554, 555, 582 and 587 of NRS, and the provisions of this chapter.

      Sec. 37.  1.  The apiary inspection fund is hereby created in the state treasury for the use of the department.

      2.  The following special taxes, fees and moneys shall be deposited in the apiary inspection fund:

      (a) Any special tax on stands of bees as provided by law.

      (b) Fees collected under the provisions of NRS 552.085 to 552.310, inclusive.

      (c) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of bees, as authorized by section 32 of this act, and as may be necessary under the provisions of NRS 552.085 to 552.310, inclusive.

      3.  Expenditures from the apiary inspection fund shall be made only for the purpose of carrying out the provisions of chapter 552 of NRS, and the provisions of this chapter.

      Sec. 38.  1.  The noxious weed and insect pest control fund is hereby created in the state treasury for the use of the department.

      2.  Moneys accepted by the department under the provisions of NRS 555.010 to 555.460, inclusive, from the Federal Government or any federal department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, or individual, may be deposited in the noxious weed and insect pest control fund.

      3.  Expenditures from the noxious weed and insect pest control fund shall be made only for the purpose of carrying out the provisions of chapter 555 of NRS, and the provisions of this chapter.

      Sec. 39.  1.  The agriculture registration and enforcement fund is hereby created in the state treasury for the use of the department.


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ê1961 Statutes of Nevada, Page 504 (Chapter 304, AB 194)ê

 

      2.  The following fees shall be deposited in the agriculture registration and enforcement fund:

      (a) Fees collected under the provisions of NRS 586.010 to 586.450, inclusive.

      (b) Fees collected under the provisions of NRS 588.010 to 588.350, inclusive.

      (c) Fees collected under the provisions of NRS 590.340 to 590.450, inclusive.

      (d) Laboratory fees collected for the testing of economic poisons, insecticides, fungicides, herbicides and rodenticides, as authorized by section 32 of this act, and as may be necessary under the provisions of NRS 586.010 to 586.450, inclusive, and NRS 555.260 to 555.460, inclusive.

      (e) Laboratory fees collected for the analysis and testing of commercial fertilizers and agricultural minerals, as authorized by section 32 of this act, and as may be necessary under the provisions of NRS 588.010 to 588.350, inclusive.

      (f) Laboratory fees collected for the analysis and testing of petroleum products, as authorized by section 32 of this act, and as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.

      (g) Laboratory fees collected for the analysis and testing of antifreeze, as authorized by section 32 of this act, and as may be necessary under the provisions of NRS 590.340 to 590.450, inclusive.

      (h) Fees collected under the provisions of NRS 619.010 to 619.160, inclusive.

      3.  Expenditures from the agriculture registration and enforcement fund shall be made only for the purposes of carrying out the provisions of chapters 586, 588, 590 and 619 of NRS, NRS 555.260 to 555.460, inclusive, and the provisions of this chapter.

      Sec. 40.  1.  The agriculture county reimbursement fund is hereby created in the state treasury for the use of the department.

      2.  Moneys collected by county employees as agricultural inspection fees under the provisions of NRS 587.290 to 587.450, inclusive, and moneys collected by county employees under the provisions of NRS 555.010 to 555.460, inclusive, shall be deposited in the agriculture county reimbursement fund.

      3.  Expenditures from the agriculture county reimbursement fund shall be made only for the purpose of reimbursing amounts due the counties pursuant to the provisions of NRS 587.370.

      Sec. 41.  The rural rehabilitation trust fund is hereby created in the state treasury for the use of the department in carrying out the provisions of NRS 561.580 to 561.620, inclusive.

      Sec. 42.  (This section deleted by amendment.)

      Sec. 43.  (This section deleted by amendment.)

      Sec. 44.  1.  Funds to carry out the provisions of this chapter and to support the department, its various divisions, and the various programs administered by the department, may be provided by direct legislative appropriation from the general fund.

      2.  All moneys in any fund in the state treasury available to the department shall be paid out on claims approved by the executive director as other claims against the state are paid.


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ê1961 Statutes of Nevada, Page 505 (Chapter 304, AB 194)ê

 

department shall be paid out on claims approved by the executive director as other claims against the state are paid.

      3.  All moneys in the agriculture working capital fund shall be paid out by checks signed by the executive director and by a deputy, or by two deputies designated by him for the purpose.

      Sec. 45.  1.  The department may offer a standing reward, or a reward for each class of livestock, not to exceed $500, for information leading to the arrest and conviction of each person engaged in stealing livestock, the reward to be paid to the person or persons giving the information leading to the arrest and conviction of such person or persons immediately upon the conviction of and imprisonment of the person or persons so arrested.

      2.  The executive director may promulgate such further conditions and rules pertaining to the offering of such rewards and the payments thereof as he may deem proper.

      Sec. 46.  The department is designated and empowered to act as the agency of and in behalf of and for the State of Nevada to make application to and to receive from the Secretary of Agriculture of the United States, or any other federal official properly authorized by the Federal Government and pursuant and subject to the provisions of that certain Act of Congress, approved May 3, 1950, entitled “An Act to provide for the liquidation of the trust under the transfer agreements with state rural rehabilitation corporations, and for other purposes,” being c. 152, 64 Stat. 98, 40 U.S.C. §§ 440 to 444, inclusive, the trust assets, either funds or property, held by the United States as trustee for and in behalf of the defunct Nevada rural rehabilitation corporation.

      Sec. 47.  The department may:

      1.  Enter into agreements with the Secretary of Agriculture of the United States pursuant to section 2(f) of c. 152, 64 Stat. 98, 40 U.S.C. § 440(f), upon such terms and conditions and for such periods of time as may be mutually agreeable, authorizing the Secretary of Agriculture of the United States to accept, administer, expend and use in the State of Nevada all or any part of such trust assets or any other funds of the State of Nevada which may be appropriated for such use for carrying out the purposes of the applicable provisions of the Bankhead-Jones Farm Tenant Act, being 7 U.S.C. §§ 1000 to 1031, inclusive, as the same is now or hereafter may be amended.

      2.  Do any and all things necessary to effectuate and carry out the purpose of such agreements.

      Sec. 48.  1.  Notwithstanding any other provisions of law, funds and the proceeds of the trust assets which are not authorized to be administered by the Secretary of Agriculture of the United States under the provisions of section 47 of this act shall be received by the department and by it forthwith deposited with the state treasurer.

      2.  Such fund is hereby appropriated and may be expended or obligated by the department for the purposes of section 47 of this act or for use by the department for such of the rural rehabilitation purposes permissible under the charter of the now defunct Nevada rural rehabilitation corporation as may from time to time be agreed upon by the department and the Secretary of Agriculture of the United States, subject to the applicable provisions of c.


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ê1961 Statutes of Nevada, Page 506 (Chapter 304, AB 194)ê

 

the department and the Secretary of Agriculture of the United States, subject to the applicable provisions of c. 152, 64 Stat. 98, 40 U.S.C. §§ 440 to 444, inclusive, and the applicable provisions of the Bankhead-Jones Farm Tenant Act.

      Sec. 49.  1.  The department may:

      (a) Collect, comprise, adjust or cancel claims and obligations arising out of or administered under sections 46 to 50, inclusive, of this act, or under any mortgage, lease, contract or agreement entered into or administered pursuant to sections 46 to 50, inclusive, of this act, and, if in its judgement necessary and advisable, pursue the same to final collection in any court having jurisdiction.

      (b) Bid for and purchase at any execution, foreclosure or other sale, or otherwise acquire property upon which the department has a lien by reason of a judgement or execution, or which is pledged, mortgaged, conveyed or which otherwise secures any loan or other indebtedness owing to or acquired by the department pursuant to sections 46 to 50, inclusive, of this act.

      (c) Accept title to any property so purchased or acquired for and in behalf of the state and may operate or lease such property for such period as may be deemed necessary to protect the investment therein, and may sell or otherwise dispose of such property in a manner consistent with the provisions of sections 46 to 50, inclusive, of this act.

      2.  The authority herein contained may be delegated to the Secretary of Agriculture of the United States with respect to funds or assets authorized to be administered and used by him under agreements entered into pursuant to section 47.

      Sec. 50.  The United States, and the Secretary of Agriculture thereof, shall be held free from liability by virtue of the transfer of the assets to the department pursuant to sections 46 to 50, inclusive, of this act.

      Sec. 51.  Chapter 571 of NRS is hereby amended by adding thereto the provisions set forth as sections 52 to 76, inclusive, of this act.

      Sec. 52.  As used in this chapter, unless the context requires otherwise:

      1.  “Department” means the state department of agriculture.

      2.  “Importation” means the transportation or movement of livestock by any railroad, express company, truckline or other carrier, or by any persons, by vehicle or otherwise, into the state.

      3.  “Livestock” means:

      (a) All cattle or animals of the bovine species.

      (b) All horses, mules, burros and asses or animals of the equine species.

      (c) All swine or animals of the porcine species.

      (d) All goats or animals of the caprine species.

      (e) All poultry or domesticated fowl or birds.

      (f) All dogs, cats or other animals domesticated or under the restraint or control of man.

      4.  “State quarantine officer” means the executive director of the state department of agriculture.


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ê1961 Statutes of Nevada, Page 507 (Chapter 304, AB 194)ê

 

      Sec. 53.  1.  For the purposes of this chapter, infestation with internal or external parasites, or exposure to such possible infestation, shall be deemed equivalent to infection with or exposure to infection with an infectious, contagious or parasitic disease.

      2.  The provisions of this chapter applicable to livestock infected with or exposed to infection with any infectious, contagious or parasitic disease, or to any premises, grounds, cars, vehicles or other carriers infected or contaminated with any infectious, contagious or parasitic disease, also apply to any livestock, premises, grounds, cars, vehicles, or other carriers infested with or exposed to infestation or contamination with any internal or external parasites.

      Sec. 54.  1.  At the completion of each annual assessment, the county assessor of each county shall prepare from the assessment book of such year, as corrected by the board of county commissioners, a statement showing the total number of stock cattle, milk cows, bulls, horses, mules, burros, asses, stallions, jacks, hogs, pigs, goats and poultry assessed in such county and the ownership and location of the same, and shall forward the statement to the department.

      2.  The department shall fix an annual special tax on each head of the following specified classes of livestock, and not exceeding the following rates per head for each class:

 

       Class                                                                                                 Rate per head

Stock Cattle................................................................................................     $0.28

Milk cows....................................................................................................         .53

Bulls.............................................................................................................         .75

Horses..........................................................................................................         .36

Mules...........................................................................................................         .36

Burros or asses...........................................................................................         .07

Stallions......................................................................................................         .75

Jacks............................................................................................................         .75

Hogs.............................................................................................................         .07

Pigs..............................................................................................................       .035

Goats............................................................................................................         .06

Poultry.........................................................................................................       .003

 

      3.  The department shall send notice of the special tax on each head of the specified classes of livestock to the board of county commissioners of each county prior to the annual levy of taxes by the board, and, when so notified, the board shall, at the time of the annual levy of taxes, levy the special taxes fixed by the department.

      4.  The special taxes shall be collected as other taxes, and transmitted to the state treasurer, who shall deposit the taxes in the livestock inspection fund.

      Sec. 55.  1.  The state quarantine officer may proclaim and enforce quarantine against any state, territory or district, or any portion of any state, territory or district, with respect to the importation into or transportation through the State of Nevada of livestock which may be infected with, or which may have been exposed to infection with, any infectious, contagious or parasitic disease.


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ê1961 Statutes of Nevada, Page 508 (Chapter 304, AB 194)ê

 

      2.  No quarantine shall be issued under the provisions of sections 55 to 62, inclusive, of this act, which will conflict with the provisions of the Constitution of the United States or any Act of the Congress of the United States.

      3.  The quarantine shall remain effective until vacated by order of the state quarantine officer.

      Sec. 56.  1.  Any quarantine issued under the provisions of sections 55 to 62, inclusive, of this act, may:

      (a) Consist of a complete embargo against the importation into or transportation through the state of any livestock so quarantined against; or

      (b) Provide for the importation into or transportation through the state of such livestock under such rules and regulations as may be set forth and prescribed in the quarantine at the time the same is issued.

      2.  Any quarantine issued under the provisions of sections 55 to 62, inclusive, of this act, shall remain in force and effect until removed or modified by the state quarantine officer, but:

      (a) The state quarantine officer may amend from time to time any quarantine so issued; and

      (b) Any such amendments shall be general in their application and shall not apply to any individual shipment or importation.

      Sec. 57.  If a quarantine is declared as provided in sections 55 to 62, inclusive, of this act, against the importation into or transportation through this state of any livestock from any other state, territory or district or any portion or portions thereof, a certified copy of such quarantine shall be personally delivered by the state quarantine officer or his representative or mailed by certified or registered mail to each of the following:

      1.  The governor or the proper quarantine official of such state, territory or district.

      2.  The United States quarantine official having jurisdiction over the same character of quarantine.

      3.  The state agent or other qualified official of any interstate railroad, express company or other common carrier doing business within this state.

      Sec. 58.  1.  The state quarantine officer is designated the authority to administer the provisions of section 55 to 62, inclusive, of this act.

      2.  Insofar as practicable, the state quarantine officer, in carrying out the provisions of sections 55 to 62, inclusive, of this act, shall cooperate with the federal authorities and the quarantine officials of the several states, territories and districts.

      Sec. 59.  1.  Any livestock imported into or being transported through this state in violation of any quarantine issued under the provisions of sections 55 to 62, inclusive, of this act, shall be seized immediately by the state quarantine officer or his authorized representative and treated in a manner approved by the state quarantine officer, or destroyed, or sent out of the state within 48 hours, at the expense of the owner thereof.


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ê1961 Statutes of Nevada, Page 509 (Chapter 304, AB 194)ê

 

      2.  When the movement of any livestock seized by the state quarantine officer, as provided in subsection 1, to some point without the state would further endanger any industry of this state, the livestock so seized by the state quarantine officer shall be destroyed at the expense of the owner.

      Sec. 60.  It is unlawful for any railroad, express company or other common carrier, or any persons, to import into or transport through the Senate of Nevada any livestock in violation of the provisions of sections 55 to 62, inclusive, of this act, or to make delivery of any such livestock to any persons within the limits of this state.

      Sec. 61.  In any criminal proceeding arising under the provisions of sections 55 to 62, inclusive, of this act, proof that any livestock, prohibited by proclamation of quarantine from importation into or transportation through this state, was imported into transported through this state in violation of such quarantine shall be deemed proof within the meaning of sections 55 to 62, inclusive, of this act that the same was diseased, exposed to disease or infected, or exposed to infection.

      Sec. 62.  Any person, corporation, common carrier, agent or employee of any corporation violating or assisting in violating any of the provisions of sections 55 to 61, inclusive, of this act is guilty of a gross misdemeanor.

      Sec. 63.  The department shall do all things necessary for the control and eradication of infectious, contagious or parasitic diseases of livestock.

      Sec. 64.  The state quarantine officer may adopt rules and regulations of the Secretary of Agriculture of the United States relating to the control and suppression of disease in livestock, and may cooperate with the Secretary of Agriculture and his officers in the enforcement of such rules and regulations.

      Sec. 65.  The state quarantine officer, or his representatives or his agents, shall have full authority and power for the inspection, testing, treatment, quarantine and condemnation of livestock affected with any infectious, contagious or parasitic disease, and any person may enter upon any ground or premises of this state for the purpose of enforcing the inspection, testing, treatment, quarantine, and condemnation laws and all the rules, regulations and orders of the department.

      Sec. 66.  The state quarantine officer may inspect, test or quarantine any livestock in the state infected with, suspected of being or which have been exposed to an infectious, contagious or parasitic disease, and compel testing or treatment at such times and as often as he deems necessary to insure the suppression of disease.

      Sec. 67.  Whenever any livestock becomes infected with any infectious, contagious or parasitic disease as defined by rules and regulations promulgated by the state quarantine officer, the owner or agent in charge, an inspector of the department, or any practicing veterinarian shall immediately notify the state quarantine officer.

      Sec. 68.  1.  If livestock is found diseased, the state quarantine officer may make regulation for their quarantine at once, and he may define the place and limits within which such livestock may be grazed, herded or driven.


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ê1961 Statutes of Nevada, Page 510 (Chapter 304, AB 194)ê

 

herded or driven. Such livestock may be held in quarantine until released by the state quarantine officer.

      2.  The expense of treatment, feeding and taking care of all livestock quarantined under the provisions of sections 63 to 76, inclusive, of this act, shall be paid by the owner or agent in charge of such livestock, and such expense shall be a lien upon such livestock until paid.

      3.  The expense of testing livestock and the expense of handling livestock for the purpose of testing shall be paid by the owner or agent in charge of such livestock, at the option of the state quarantine officer, and such expense shall be a lien upon such livestock until paid.

      Sec. 69.  In no case shall any quarantined livestock, livestock products or livestock suspected of being infected with or of being or which have been exposed to infectious, contagious or parasitic diseases be removed from one point to another within any area, or from one area to another, without a written permit from the state quarantine officer.

      Sec. 70.  1.  The state quarantine officer may order and have destroyed any livestock infected with or exposed to any infectious, contagious or parasitic disease.

      2.  The department shall compensate the owners of any livestock so destroyed either separately or jointly with any county or municipality of the state or any agency of the Federal Government, the amount of such compensation to be determined by appraisal before the affected livestock is destroyed.

      3.  The appraisal shall be made by the state quarantine officer or a properly qualified agent designated by him and the owners or their authorized representative. In the event of their failure to arrive at an agreement, the two so selected shall designate some disinterested person, who by reason of experience in such matters is a qualified judge of livestock values, to act with them. The judgement of any two such appraisers shall be binding and final upon all persons.

      4.  The total amount received by the owners of livestock so destroyed, including compensation paid by the department, any county or municipality or any agency of the Federal Government or any livestock insurance company, and the salvage received from the sale of hides or carcasses or any other source, combined, shall not exceed 75 percent of the actual appraised value of the destroyed livestock.

      5.  Any individual or corporation purchasing any livestock which was at the time of purchase under quarantine by any state, county or municipal authorities or any agency of the Federal Government legally empowered to lay such quarantine, or who purchases any livestock which due diligence and caution would have shown to be diseased or which have been shipped or transported in violation of the rules and regulations of any agency of the Federal Government or the State of Nevada, shall not be entitled to compensation, and the department may order the destruction of such livestock without making any compensation to the owner.

      6.  No payment shall be made hereunder as compensation for or on account of any such livestock destroyed if, at the time of inspection or test of such livestock or at the time of the ordered destruction thereof, such livestock belongs to or be upon the premises of any person, firm or corporation to which such livestock has been sold, shipped or delivered for the purpose of being slaughtered.


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ê1961 Statutes of Nevada, Page 511 (Chapter 304, AB 194)ê

 

person, firm or corporation to which such livestock has been sold, shipped or delivered for the purpose of being slaughtered.

      7.  In no case shall any payment by the department pursuant to the provisions of this section be more than $75 for any grade livestock or more than $200 for any purebred livestock, and no payment shall be made unless the owner has complied with all quarantine rules and regulations of the department.

      Sec. 71.  1.  The owner or agent in charge of any livestock that has died or has been killed as a result of any infectious, contagious or parasitic disease shall immediately bury the carcasses thereof at least 3 feet underground or cause the carcasses to be consumed by fire, and such carcasses shall not be sold or given away.

      2.  In order to carry out the requirements of subsection 1, such carcasses may be conveyed on a public highway or public road, or conveyed on land not owned by the owner or agent in charge of such carcasses, in accordance with rules and regulations promulgated by the state quarantine officer.

      3.  The expense of burying, burning or conveying such carcasses shall be paid by the owner or agent in charge of such carcasses, and such expense shall be a lien upon remaining livestock or other real or personal property of such owner or agent in charge until paid.

      Sec. 72.  1.  Livestock not under special quarantine by the State of Nevada, the Federal Government, or the state, territory or district of origin may enter the State of Nevada in accordance with the regulations of the Federal Government in effect at the time, and in compliance with rules and regulations promulgated by the state quarantine officer.

      2.  Notice of livestock in transit shall not be required unless such livestock remains in the state, or is to be unloaded to feed and rest for a period longer than 48 hours.

      Sec. 73.  1.  The state quarantine officer shall quarantine any corrals, pens, slaughterhouses, building, places, cars, trucks or vehicles where livestock may have been handled, and compel the cleaning and disinfecting of the same when deemed necessary for the purposes of this act.

      2.  Where owners or persons in charge of such places or vehicles refuse to clean and disinfect them, an inspector may take charge of such places or vehicles and cause them to be cleaned and disinfected. The expense of such cleaning and disinfecting shall be paid by the owners or persons in charge, and shall be a lien upon such corrals, pens, slaughterhouses, buildings, places, cars, trucks or vehicles until such expense is paid.

      Sec. 74.  Inspectors may at all times enter any premises, farms, fields, corrals, pens, slaughterhouses, buildings, places, cars, trucks or vehicles where any livestock is quartered for the purpose of examining such places, vehicles or livestock in order to determine whether they are affected with any infectious, contagious or parasitic disease.

      Sec. 75.  1.  Inspectors may inspect any or all livestock about to be shipped, driven, transported or otherwise removed from the state.

      2.  Consignors, possessors or persons in charge of such livestock shall, upon demand, fully establish title to such livestock or the legal right to so ship, transport, drive or otherwise remove the livestock from the state.


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ê1961 Statutes of Nevada, Page 512 (Chapter 304, AB 194)ê

 

shall, upon demand, fully establish title to such livestock or the legal right to so ship, transport, drive or otherwise remove the livestock from the state.

      Sec. 76.  Any person violating the provisions of sections 63 to 75, inclusive, of this act, or failing, refusing or neglecting to perform or observe any conditions, orders, rules or regulations prescribed by the state quarantine officer in accordance with the provisions of sections 63 to 75, inclusive, of this act, is guilty of a misdemeanor.

      Sec. 77.  Chapter 555 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      As used in this chapter, unless the context requires otherwise, “department” means the state department of agriculture.

      Sec. 78.  Chapter 564 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Brands of like design for cattle shall be recorded for use in the following positions only:

      1.  The hip on the right-hand side;

      2.  The hip on the left-hand side;

      3.  The shoulder on the right-hand side;

      4.  The shoulder on the left-hand side;

      5.  The rib cage on the right-hand side; or

      6.  The rib cage on the left-hand side.

      Sec. 79.  Chapter 569 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      As used in NRS 569.010 to 569.130, inclusive, unless the context requires otherwise:

      1.  “Department” means the state department of agriculture.

      2.  “Estray” means any livestock running at large upon public or private lands in the State of Nevada, whose owner is unknown in the section where such animal is found.

      3.  “Livestock” means:

      (a) All cattle or animals of the bovine species;

      (b) All horses, mules, burros and asses or animals of the equine species;

      (c) All swine or animals of the porcine species;

      (d) All goats or animals of the caprine species; and

      (e) All poultry or domesticated fowl or birds.

      Sec. 80.  Chapter 573 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Public livestock auction facilities shall include space and facilities approved by the executive director of the department for brand inspectors to carry out their duties in a safe and expeditious manner.

      Sec. 81.  Chapter 586 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      “Executive director” means the executive director of the state department of agriculture.

      Sec. 82.  Chapter 588 of NRS is hereby amended by adding thereto a new section which shall read as follows:


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ê1961 Statutes of Nevada, Page 513 (Chapter 304, AB 194)ê

 

      “Executive director” means the executive director of the state department of agriculture.

      Sec. 83.  (This section deleted by amendment.)

      Sec. 84.  NRS 548.120 is hereby amended to read as follows:

      548.120  1.  The following shall serve, ex officio, as members of the state soil conservation committee:

      (a) The dean of the Max C. Fleischmann College of Agriculture of the University of Nevada.

      (b) The executive [officer] director of the state department of agriculture.

      (c) The director of the state department of conservation and natural resources.

      2.  The governor shall appoint four members from a list of 10 names of persons submitted to him by the Nevada Association of Soil Conservation Districts, not more than one of which persons shall reside in any one county or district, who are or shall have been farm operators within the State of Nevada, to serve with the members designated in subsection 1 as the state soil conservation committee.

      3.  The ex officio members may appoint, in writing, alternates to attend any meeting of the committee, and such alternates shall have full voting powers.

      Sec. 85.  NRS 549.040 is hereby amended to read as follows:

      549.040  [1.  To provide the sums currently needed for state cooperation in extension work contemplated by this chapter, appropriations shall be made by the legislature and shall be placed in the public service division fund of the University of Nevada.

      2.  The total of all sums so appropriated shall never be less than the computed proceeds of a 1.5-cent state tax levy, and a sufficient levy for that purpose shall be made annually.] Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund.

      Sec. 86.  NRS 552.090 is hereby amended to read as follows:

      552.090  [1.] The department shall have general control of all matters pertaining to the apiary industry.

      [2.  The department shall have the power to make rules and regulations for the enforcement of the provisions of this chapter.

      3.  In conjunction with the state quarantine officer, the department may adopt, on behalf of the state, rules and regulations of the United States Department of Agriculture relating to control and suppression of diseases of bees, and may cooperate with the officers of the United States Department of Agriculture in the enforcement of such rules and regulations.]

      Sec. 87.  NRS 552.130 is hereby amended to read as follows:

      552.130  1.  The department shall fix the annual special tax not exceeding 25 cents on each stand of bees as provided in subsection 2, and send notice of the same to the board of county commissioners of each county previous to the annual levy of taxes on board of county commissioners.


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ê1961 Statutes of Nevada, Page 514 (Chapter 304, AB 194)ê

 

      2.  When notified by the department, the board of county commissioners shall, at the time of the annual levy of taxes, levy the tax recommended by the department under the provisions of subsection 1, not to exceed 25 cents on each stand of bees assessed in its county.

      3.  This section does not apply to stands of bees imported into this state for pollination purposes pursuant to the provisions of NRS 552.210.

      Sec. 88.  NRS 552.180 is hereby amended to read as follows:

      552.180  For the enforcement of the provisions of this chapter, [the chief inspector or his deputies] inspectors shall have access to all apiaries, appliances, structures and premises where bees or their products are kept.

      Sec. 89.  NRS 552.190 is hereby amended to read as follows:

      552.190  After inspecting infected hives or fixtures, or handling diseased bees, the [chief] inspector [or his deputy, and their assistant or assistants,] shall, before leaving the premises or proceeding to any other apiary:

      1.  Thoroughly disinfect any portion of his own person and clothing, and any tools or appliances used by him which have come in contact with disease-infected material; and

      2.  See that any other assistant or assistants with him have likewise disinfected their persons and clothing and all tools and appliances used by them.

      Sec. 90.  NRS 552.200 is hereby amended to read as follows:

      552.200  1.  It shall be unlawful for any person to transport or move in any manner whatever from any point within the State of Nevada or otherwise any established apiary, bees, hives, combs, or any other used apiary supplies, and set up, establish or deposit the same at any point in the State of Nevada within a 5-mile radius of any already existing apiary in the State of Nevada without first obtaining a temporary or seasonal written permit from the [chief inspector or his deputy] department so to do.

      2.  The [chief inspector or his deputy] department shall issue a temporary or seasonal permit only after [satisfying himself by inspection or otherwise that] the apiary, bees, hives, combs, or other used apiary supplies to be moved are free from any disease liable to injure any already established apiary.

      3.  It shall be unlawful for any person to transport or move bees anywhere within the State of Nevada unless he files with the [chief inspector,] department within 5 days prior to the date of moving, a statement of the number of colonies of bees to be moved and the number of colonies of bees to be left at the point of origin, stating the definite point both of origin and destination to which such bees will be moved; but if any established apiary, bees, hives, combs, or other used apiary supplies are to be moved or transported as set out in subsection 1, a permit shall first be obtained from the [chief inspector or his deputy] department as provided in subsections 2 and 3.

      4.  If any emergency requires the immediate removal of bees, the owner shall notify the [chief inspector or his deputies] department of such emergency and secure permission for moving, but if verbal permission is requested and obtained the applicant shall further file a written request within 5 days after the date of such moving as provided in subsection 3.


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ê1961 Statutes of Nevada, Page 515 (Chapter 304, AB 194)ê

 

such emergency and secure permission for moving, but if verbal permission is requested and obtained the applicant shall further file a written request within 5 days after the date of such moving as provided in subsection 3.

      5.  Whenever the [chief inspector or his deputies find] department finds that American foul brood disease exists in more than 1 percent of the colonies in any apiary of 100 or more colonies, or in more than one colony in any apiary of less than 100 colonies, [he] it shall quarantine such apiary, giving notice thereof to the owner or bailee and posting a copy of such notice in a conspicuous place in such apiary.

      6.  When any such notice has been given as provided in subsection 5, it shall be unlawful to move such apiary, or any part thereof, or any other bee equipment from the location until such disease has been eradicated.

      7.  When in the opinion of the [chief inspector] department the disease has been eradicated, [he] it shall issue a permit releasing such apiary.

      Sec. 91.  NRS 552.270 is hereby amended to read as follows:

      552.270  Any person engaged in the rearing and distribution of queen bees shall have his queen-rearing apiary or apiaries inspected at least twice during each summer season, and on discovery of any disease which is infectious or contagious in its nature and injurious to bees in their egg, larval, pupal or adult stages, such person shall at once cease to distribute queen bees from such diseased apiary until the [chief inspector or his deputy] department shall declare the apiary or apiaries free from all disease by the issuance of a certificate of inspection.

      Sec. 92.  NRS 552.310 is hereby amended to read as follows:

      552.310  Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished accordingly, and in addition shall be liable for penal damages for any injury done in twice the amount of the actual damage.]

      Sec. 93.  NRS 553.080 is hereby amended to read as follows:

      553.080  Each county availing itself of the provisions of this chapter shall certify to the state board of examiners the sum expended by such county in the subsidy of farm demonstration as provided in this chapter. The state board of examiners shall approve all such claims to the extent of one-half the amount of money so expended by any county. [The state controller shall draw his warrants in favor of the county for such proportionate amount and the state treasurer shall pay the same.] Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund.

      Sec. 94.  NRS 554.010 is hereby amended to read as follows:

      554.010  As used in NRS 554.010 to 554.090, inclusive:

      1.  “Agricultural commodity” includes any and all bees, agricultural or horticultural crops, seeds, plants, trees or shrubs, or any manufactured product thereof, or other products of the soil, or any article excepting livestock.


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ê1961 Statutes of Nevada, Page 516 (Chapter 304, AB 194)ê

 

      2.  “Importation” shall be construed to mean and include the transportation or movement of any agricultural commodity by any railroad, express company, [stage line] truckline or other common carrier, or by any person or persons, by vehicle, automobile or otherwise, into this state.

      Sec. 95.  NRS 554.020 is hereby amended to read as follows:

      554.020  1.  The [governor is authorized and empowered, on the recommendation of the] state quarantine officer [or otherwise, to] may proclaim and enforce quarantine against any state, territory or district, or any portion of any state, territory or district, with respect to the importation into or transportation through the State of Nevada of any agricultural commodity, burlap, containers or other packing material which may be infected with, or which may have been exposed to infection with, any contagious or destructive disease, or be infested with or exposed to infestation with parasites, weed seeds or propagating parts of plants or insect pests, or the eggs or larvae thereof, dangerous to any industry of this state.

      2.  No quarantine shall be issued under the provisions of NRS 554.010 to 554.090, inclusive, which will conflict with the provisions of the Constitution of the United States or any Act of the Congress of the United States.

      3.  The quarantine shall remain effective until vacated by order of the state quarantine officer.

      Sec. 96.  NRS 554.030 is hereby amended to read as follows:

      554.030  1.  Any quarantine issued under the provisions of NRS 554.010 to 554.090, inclusive, may:

      (a) Consist of a complete embargo against the importation into or transportation through the state of any agricultural commodity so quarantined against; or

      (b) Provide for the importation into or transportation through the state of such agricultural commodity under such rules and regulations as may be set forth and prescribed in the quarantine at the time the same is issued.

      2.  Any quarantine issued under the provisions of NRS 554.010 to 554.090, inclusive, shall remain fully in force and effect until [raised and revoked by the governor;] dissolved or modified by the state quarantine officer; provided:

      (a) That the [governor] state quarantine officer may amend from time to time [, upon the recommendation of the state quarantine officer or otherwise,] any quarantine so issued; and

      (b) That any such amendments shall be general in their application and shall not apply to any individual shipment or importation.

      Sec. 97.  NRS 554.040 is hereby amended to read as follows:

      554.040  When a quarantine is declared as provided in NRS 554.010 to 554.090, inclusive, against the importation into or transportation through this state of any agricultural commodity from any other state, territory or district or any portion or portions thereof, a certified copy of such quarantine shall be personally delivered by the state quarantine officer or his representative or mailed by certified or registered mail to each of the following:

 


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ê1961 Statutes of Nevada, Page 517 (Chapter 304, AB 194)ê

 

quarantine officer or his representative or mailed by certified or registered mail to each of the following:

      1.  The governor or the proper quarantine official of such state, territory or district.

      2.  The United States quarantine official having jurisdiction over the same character of quarantine.

      3.  The state agent or other qualified official of any interstate railroad, express company or other common carrier doing business within this state.

      Sec. 98.  NRS 554.050 is hereby amended to read as follows:

      554.050  1.  The state quarantine officer is designated the authority to administer NRS 554.010 to 554.090, inclusive.

      2.  Insofar as practicable, [the governor and] the state quarantine officer, in carrying out the provisions of NRS 554.010 to 554.090, inclusive, shall cooperate with the federal authorities and the quarantine officials of the several states, territories and districts.

      Sec. 99.  NRS 554.060 is hereby amended to read as follows:

      554.060  1.  Any agricultural commodity imported into or being transported through this state in violation of any quarantine issued under the provisions of NRS 554.010 to 544.090, inclusive, shall be immediately seized by the state quarantine officer or his authorized representative and treated in a manner approved by the state quarantine officer, or destroyed or sent out of the state within 48 hours, at the option and expense of the owner or owners thereof.

      2.  When the movement of any commodity seized by the state quarantine officer, as provided in subsection 1, to some point without the state would further endanger any industry of this state, the commodity so seized by the state quarantine officer shall be destroyed as provided in subsection 1.

      Sec. 100.  NRS 554.100 is hereby amended to read as follows:

      554.100  As used in NRS 554.100 to 554.240, inclusive:

      1.  [“Commodity”] “Agricultural commodity” means any [poultry,] bees, agricultural or horticultural crops, [products,] seeds, plants, trees or shrubs or any [article.] manufactured product thereof, or other products of the soil, or any article, except livestock.

      2.  “Exportation” shall be construed to mean and include the transportation of any commodity by any railroad, express company or other common carrier, or by any person or persons as baggage or by vehicle or automobile, or the permitting to run at large of the same.

      3.  “Farm” means and includes any farm, stock range, stockyard, dairy, lot or other premises not otherwise enumerated.

      Sec. 101.  NRS 554.110 is hereby amended to read as follows:

      554.110  The [governor] state quarantine officer is authorized and empowered to proclaim and enforce quarantine against any county or portion of any county, farm, nursery or apiary within this state, with respect to the exportation therefrom to any other part of the state, of any agricultural commodity infected with, or which may have been exposed to, infectious, contagious or destructive diseases, or infested with parasites or insect pests, or the eggs or larvae thereof, dangerous to any industry in the state.


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ê1961 Statutes of Nevada, Page 518 (Chapter 304, AB 194)ê

 

with parasites or insect pests, or the eggs or larvae thereof, dangerous to any industry in the state.

      Sec. 102.  NRS 554.120 is hereby amended to read as follows:

      554.120  1.  Whenever it shall appear to the state quarantines officer [by a petition of any three citizens or otherwise] that any industry in the state is endangered by exportations from any county, portion of any county, farm, nursery or apiary within the state, to other parts of the state, of any commodity, he shall at once take steps to ascertain the facts thereof.

      2.  If in the opinion of the state quarantine officer the facts so warrant, he shall by proclamation, declare such county, or portion of such county, farm, nursery or apiary quarantined from exportations of any such commodity to other parts of the state.

      3.  The quarantine shall remain effective [unless] until vacated by order of the [governor within 48 hours, or until the quarantine is raised by proper authority.] state quarantine officer.

      Sec. 103.  NRS 554.130 is hereby amended to read as follows:

      554.130  1.  When quarantine is declared against any county, or portion of any county, farm, nursery or apiary within the state, forbidding exportations therefrom of any commodity, a certified copy of the proclamation shall be mailed by registered mail to each of the following:

      (a) The sheriff.

      (b) The chairman of the board of county commissioners.

      (c) The county clerk.

      2.  If a single farm, nursery or apiary is quarantined, a certified copy of the proclamation shall be mailed by registered mail to the owner or resident manager thereof.

      3.  The [governor] state quarantine officer may, in his discretion, as notice to all concerned, cause a copy of such proclamation to be published in some newspaper of general circulation published within the county, once a week for 4 consecutive weeks, unless the quarantine is sooner raised.

      Sec. 104.  NRS 554.140 is hereby amended to read as follows:

      554.140  [1.  The state board of stock commissioners is designated as the authority to administer NRS 554.100 to 554.240, inclusive.

      2.]1.  The state quarantine officer shall be responsible for carrying out the provisions of NRS 554.100 to 554.240, inclusive.

      [3.]2.  The Nevada state police, the sheriff and all peace officers of any county, when called upon by the state quarantine officer, shall aid and assist him in the enforcement of quarantine and in the arrest of any person accused of violating the same. The district attorney of any county in which any person is charged with a misdemeanor under NRS 544.100 to 554.240, inclusive, shall prosecute the same.

      Sec. 105.  NRS 554.150 is hereby amended to read as follows:

      554.150  Insofar as practicable, [the governor or] the state quarantine officer, in directing the enforcement of quarantine, shall cooperate with federal authorities.

      Sec. 106.  NRS 554.160 is hereby amended to read as follows:


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ê1961 Statutes of Nevada, Page 519 (Chapter 304, AB 194)ê

 

      554.160  1.  The state quarantine officer is empowered:

      (a) To exercise all necessary authority required for the proper and efficient enforcement of quarantine.

      (b) To make arrests of persons violating quarantine, or suspected of such violation.

      (c) To examine any premises or any shipment or consignment suspected of containing [any interdicted] a quarantined agricultural commodity within the meaning of NRS 554.100 to 554.240, inclusive, and may open any container thereof and inspect the same.

      2.  If such shipment or consignment proves to be [an interdicted] a quarantined agricultural commodity, the state quarantine officer shall have power to require any railroad, express company or other common carrier immediately to reship such consignment back to the point of origin, if the same has not yet been delivered to the consignee. The failure or refusal of any railroad company, express company or other common carrier promptly so to do shall render the company or carrier so offending liable to a fine of not less than $500 nor more than $5,000, which fine may be collected by proceedings instituted by the state and prosecuted by the attorney general in any court of competent jurisdiction. Any property of the defendant within the state may be levied on and sold in satisfaction of the judgement.

      Sec. 107.  NRS 554.170 is hereby amended to read as follows:

      554.170  If, in the opinion of the state quarantine officer, any commodity forbidden to be exported by any proclamation of quarantine is endangering any industry of the state, it may be fumigated, disinfected, treated or destroyed by the state quarantine officer. [as the governor may authorize.]

      Sec. 108.  NRS 554.180 is hereby amended to read as follows:

      554.180  1.  Any property ordered to be destroyed, if acquired by the owner and the same came into possession prior to the date of the proclamation of quarantine, before being destroyed shall be appraised as to its value by two disinterested appraisers, one to be appointed by the owner, or if he is absent, by his agent, manager or foreman, and one by the state quarantine officer. If the two so chosen cannot agree, they shall name a third appraiser. If they are unable to agree upon a third appraiser, the state quarantine officer may name some disinterested person to name a third appraiser.

      2.  Two of the three persons so named as appraisers agreeing upon the valuation of the property destroyed, the valuation shall be final.

      3.  The valuation so appraised shall be divided into three equal parts, one part of which the owner shall lose. One part shall be paid to the owner by the county wherein the property is situated by order of the board of county commissioners from the county general fund upon receipt of a certified copy of the appraisement. Payment from the county general fund shall be in the same manner as payment of other bills against the county is made. One part shall be paid to the owner by the [state] department upon receipt of a certified copy of the appraisement attested by the state quarantine officer. [Upon approval by the state board of examiners, the state controller shall draw his warrant and the state treasurer shall pay the same from the general fund in the state treasury.]

 


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ê1961 Statutes of Nevada, Page 520 (Chapter 304, AB 194)ê

 

draw his warrant and the state treasurer shall pay the same from the general fund in the state treasury.]

      4.  No property destroyed under the provisions of NRS 554.170 and this section, if acquired or the same came into the possession of the owner after the date of the proclamation of quarantine, shall be subject to such part payment by the county or by the [state.] department.

      Sec. 109.  NRS 554.190 is hereby amended to read as follows:

      554.190  1.  All costs of fumigation, disinfection or treatment ordered to be performed by the state quarantine officer shall be borne by the owner of the agricultural commodity.

      2.  The owner or, in his absence, his agent, manager or foreman, shall perform the fumigation, disinfection or treatment promptly and exactly as instructed and not otherwise. The refusal or neglect so to do shall be a misdemeanor, and such owner, agent, manager or foreman so delinquent, on conviction thereof, shall be punished as provided in NRS 193.150.

      3.  In the case of refusal or neglect by the owner, agent, manager or foreman to perform the fumigation, disinfection or treatment as instructed, the state quarantine officer or any person deputized by him may enter upon the premises and perform the fumigation, disinfection or treatment. All the costs thereof shall attach as a lien against any property of the owner within the state. On the neglect or refusal of the owner promptly to pay the same on presentation of an itemized bill certified to by the state quarantine officer or his deputy, the district attorney of the county shall forthwith proceed to levy an attachment against any property of the owner within the state for the amount due plus the costs of legal proceedings, and shall proceed to collect the same by foreclosure proceedings.

      Sec. 110.  NRS 554.200 is hereby amended to read as follows:

      554.200  1.  Whenever the exportation of any agricultural commodities is restricted by any quarantine proclamation or regulation of the State of Nevada, or of any other state or territory, or of the United States Government or any other authority empowered to issue such quarantine or regulation, the state quarantine officer may appoint such properly qualified deputies as may be necessary to inspect such commodities. [Appointments shall be subject to cancellation by the state quarantine officer at any time.]

      2.  If exportation is not prohibited by law or quarantine regulation, the deputy state quarantine officers may issue certificates permitting the exportation of agricultural commodities.

      [3.  The state quarantine officer may establish a just and reasonable schedule of compensation which such deputies shall receive for their services. Any compensation so established shall be due and payable at the time inspection is made and shall constitute a lien upon the commodity so inspected in favor of the deputy making the inspection, whether or not such commodity is actually thereafter exported, and shall be collectible as provided in subsection 5.

      4.]3.  If any such inspection is requested by the owner, shipper or person in charge of any such agricultural commodity and discontinued for any reason before its completion, an equitable proportion of the total [compensation] cost therefor, had the same been completed, shall immediately be payable and collectible as provided in subsection [5.]


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ê1961 Statutes of Nevada, Page 521 (Chapter 304, AB 194)ê

 

or person in charge of any such agricultural commodity and discontinued for any reason before its completion, an equitable proportion of the total [compensation] cost therefor, had the same been completed, shall immediately be payable and collectible as provided in subsection [5.] 4.

      [5.]4.  On the neglect or refusal of the owner, shipper or person in charge of any inspected agricultural commodity to pay the charges prescribed in this section, on presentation of an itemized bill covering the same, the district attorney of the county shall forthwith proceed to levy an attachment against the agricultural commodity so inspected for the amount due plus the costs of legal proceedings, and shall collect the same by legal proceedings.

      Sec. 111.  NRS 554.220 is hereby amended to read as follows:

      554.220  1.  Any railroad company, express company or other common carrier which shall carry, haul or transport from any county, portion of any county, farm, nursery or apiary within the state, under quarantine, to any other part of the state, any agricultural commodity forbidden to be so exported shall be liable for any damages occurring by reason of such exportation.

      2.  Such damages may be recovered by an action against the railroad company, express company or common carrier brought in any court of competent jurisdiction within 2 years after the date of such offense or offenses, if more than one. Such action shall be instituted in the name of the state, for and on behalf of the person, firm or corporation suffering injury, and the attorney general shall prosecute the same.

      Sec. 112.  NRS 554.230 is hereby amended to read as follows:

      554.230  In any criminal proceeding arising under NRS 554.100 to 554.240, inclusive, proof that any agricultural commodity, [interdicted] forbidden by proclamation of quarantine from export, was exported in violation of quarantine shall be deemed proof, within the meaning of NRS 554.100 to 554.240, inclusive, that the same was diseased, exposed to disease or infested.

      Sec. 113.  NRS 554.240 is hereby amended to read as follows:

      554.240  Any person, or any officer, agent or employee of any corporation, who shall export, or who shall assist in exporting, as a principal or accessory, any agricultural commodity forbidden to be exported by any proclamation of quarantine shall be guilty of misdemeanor, and on conviction thereof shall be punished as prescribed in NRS 193.150.

      Sec. 114.  NRS 555.010 is hereby amended to read as follows:

      555.010  [1.] Within the limits of any appropriation made by law, the state quarantine officer is authorized to investigate the prevalence of Mormon crickets, grasshoppers, alfalfa weevils, other insect pests, and plant diseases which may be injurious to the agricultural industry in the State of Nevada, and institute and carry out such measures for their control as may be required to protect the agricultural industry against loss.

      [2.  For the more efficient and economical carrying out of the provisions of this section, the state quarantine officer is authorized to cooperate, within the limits of any appropriation made by law, financially or otherwise, with any individual, firm or corporation, or with any political subdivision of the State of Nevada, or with any department of the State of Nevada, or any other state government or any agency of the Federal Government.]

 


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ê1961 Statutes of Nevada, Page 522 (Chapter 304, AB 194)ê

 

cooperate, within the limits of any appropriation made by law, financially or otherwise, with any individual, firm or corporation, or with any political subdivision of the State of Nevada, or with any department of the State of Nevada, or any other state government or any agency of the Federal Government.]

      Sec. 115.  NRS 555.100 is hereby amended to read as follows:

      555.100  1.  [The board of county commissioners of each county shall, whenever it deems it necessary or whenever a complaint is made to the board, cause an inspection to be made of any premises, orchards, nurseries, trees, plants, vegetables, vines or fruits in the jurisdiction of the board, and if found infested with infectious diseases, scales, insects or codlin moths, or other pests injurious to fruits, plants, vegetables, trees or vines, or with their eggs or larvae, the board shall notify the owner or owners of the premises, orchards, nurseries, trees, plants, vegetables, vines or fruits that the same are infested with such diseases, insects or other pests, or any of them, or their eggs or larvae. The board of county commissioners shall require the owner or owners to eradicate the insects or other pests or their eggs or larvae within a certain time to be specified in the notice.

      2.  Notices may be served upon the owner or owners, or either of them:

      (a) By any county commissioner or by any person deputed by the board of county commissioners for that purpose; or

      (b) In the same manner as a summons is served in a civil action in a justice’s court.] The state department of agriculture shall, whenever necessary or whenever a complaint is made to the department, cause an inspection to be made of any premises within the jurisdiction of the department, and if found infested with infectious diseases, insects, weeds or other pests injurious to agriculture, the department may, in writing, notify the owner or occupant of the premises that the same are infested or infected with such diseases, insects, weeds or other pests. The department may require the owner or occupant to control or eradicate such diseases, insects, weeds or other pests within a certain time to be specified in the notice.

      2.  Notices may be served upon the owner or occupant by an officer or employee of the department. Such notices shall be served in writing, either by certified mail, or personally with receipt given therefor.

      Sec. 116.  NRS 55.110 is hereby amended to read as follows:

      555.110  1.  Any and all such [places, orchards, nurseries, trees, plants, vegetables, vines or fruits so] premises so infected or infested are hereby adjudged and declared to be a public nuisance, and whenever any such nuisance shall exist at any place within the jurisdiction of the [board of county commissioners,] department and the owner or [owners] occupant thereof, after due notification, shall refuse or neglect to abate the same within the time specified, the [board of county commissioners] department shall cause the nuisance to be abated at once by eradicating or [destroying such diseases, insects or other pests and their eggs and larvae.] controlling such diseases, insects, weeds or other pests in a manner to be determined by the department.


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ê1961 Statutes of Nevada, Page 523 (Chapter 304, AB 194)ê

 

insects, weeds or other pests in a manner to be determined by the department.

      2.  The expense thereof shall be [a county charge and shall be allowed and paid out of the general fund of the county.] paid from any moneys made available to the department by direct legislative appropriation or otherwise.

      Sec. 117.  NRS 555.120 is hereby amended to read as follows:

      555.120  1.  Any and all sums paid by the [county] department shall be and become a lien on the property and premises from which the nuisance has been removed or abated in the pursuance of NRS 555.100 and 555.110, and may be recovered by an action against such property and premises.

      2.  A notice of such lien shall be filed and recorded in the office of the county recorder of the county in which the property and premises are situated within 30 days after the right to liens has accrued.

      3.  An action to foreclose a lien may be commenced at any time within 1 year after the filing and recording of the notice of lien, which action shall be brought in the proper court by the district attorney of the county in the name and for the benefit of the [county making such payment or payments.] department.

      4.  When the property is sold, enough of the proceeds shall be paid [into the county treasury of the county] to the department to satisfy the lien and costs, and the overplus, if there is any, shall be paid to the owner of the property if he is known, and if not, into the court for his use when ascertained. All sales under the provisions of NRS 555.100 to 555.120, inclusive, shall be made in the same manner and upon the same notice as sales of real property under execution from a justice’s court.

      Sec. 118.  NRS 555.140 is hereby amended to read as follows:

      555.140  1.  The state quarantine officer shall carry out and enforce the provisions of NRS 555.130 to 555.220, inclusive. [, and he may employ such properly qualified assistants, fix their compensation, and make any other expenditures from any funds available as may be necessary for that purpose.]

      2.  For the purpose of securing information better to carry out the provisions of NRS 555.130 to 555.220, inclusive, the state quarantine officer may conduct reasonably limited trials of various methods of controlling or eradicating injurious and noxious or potentially injurious and noxious weeds under practical Nevada conditions. [In carrying our any such trial or trials the state quarantine officer may cooperate, financially or otherwise, with any agency of the Federal Government or any state government, any political subdivision of this state, or any corporation or individual, but such cooperation shall not of itself relieve any such cooperator of any responsibility or liability existing under any of the provisions of NRS 555.130 to 555.220, inclusive.]

      3.  The state quarantine officer may provide supervision and technical advice in connection with any project approved by him for the control or eradication of any injurious and noxious weed or weeds in this state.


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ê1961 Statutes of Nevada, Page 524 (Chapter 304, AB 194)ê

 

control or eradication of any injurious and noxious weed or weeds in this state.

      4.  All funds appropriated for, or received incident to, the control or eradication of any injurious and noxious weeds shall be available for carrying out the provisions of NRS 555.130 to 555.220, inclusive. [All claims against such funds shall be audited by the state quarantine officer, and, if approved, forwarded to the state board of examiners for its audit, approval and payment in the manner provided by law.]

      SEC. 119.  NRS 555.150 is hereby amended to read as follows:

      555.150  Every railroad, canal, ditch or water company, and every person, firm or corporation owning, controlling or occupying lands in this state, and every county, incorporated town [or city, irrigation district or drainage] , city or district having the supervision and control over streets, alleys, lanes, rights-of-way, or other lands, shall cut, destroy or eradicate all weeds declared and designated as injurious and noxious as provided in NRS 555.130, before such weeds shall propagate and spread, and whenever required by the state quarantine officer.

      Sec. 120.  NRS 555.160 is hereby amended to read as follows:

      555.160  1.  The state quarantine officer shall make or have made a careful examination and investigation of the spread, development and growth of injurious and noxious weeds in this state. Upon the discovery of such weeds he shall ascertain the [names of the owners] name of the owner or occupant of the land and the description of the land where the weeds are found. He [shall] may serve notice in writing upon the owner [, owners] or occupant of the land to cut, eradicate or destroy such weeds within such time and in such manner as designated and described in the notice. One such notice shall be deemed sufficient for the entire season of weed growth during that year.

      2.  [Service of the notice may be either in person, by a deputy, or by mailing by registered mail, postage prepaid, addressed to the owner, owners or occupant at the last-known post office address as disclosed by the books and records of the county or counties in which the property is located. The state quarantine officer, or his deputy, shall make proof of service of the notice under oath, and file the same in the office of the county treasurer in the county or counties wherein such lands are located.] Notices may be served upon the owner or occupant by an officer or employee of the department. Such notices shall be served in writing, personally or by certified mail, with receipt given therefor.

      Sec. 121.  NRS 555.170 is hereby amended to read as follows:

      555.170  1.  If any owner [, owners] or occupant of the lands described in the notice served, as provided in NRS 555.160, shall fail, neglect or refuse to cut, destroy or eradicate the weeds designated, upon the land described, in accordance with the requirements of the notice, the state quarantine officer [shall] may notify the board of county commissioners of the county or counties in which the land is located of such failure, neglect or refusal.

      2.  Upon notice as provided in subsection 1, the board [or boards] of county commissioners concerned shall proceed to have cut, destroyed or eradicated the weeds in question in accordance with the requirements of the notice served upon the owner [, owners] or occupant of the land in question, paying for such cutting, destruction or eradication out of county funds.


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ê1961 Statutes of Nevada, Page 525 (Chapter 304, AB 194)ê

 

or eradicated the weeds in question in accordance with the requirements of the notice served upon the owner [, owners] or occupant of the land in question, paying for such cutting, destruction or eradication out of county funds.

      3.  Upon the completion of such work of cutting, destruction or eradication of such weeds, the board of county commissioners shall prepare in triplicate itemized statements of all expenses incurred in the cutting, destruction or eradication of the weeds involved, and shall deliver the three copies of the statements to the county treasurer within 10 days of the date of the completion of the work involved.

      Sec. 122.  NRS 555.180 is hereby amended to read as follows:

      555.180  1.  Upon receipt of the itemized statements of the cost of cutting, destroying or eradication of such weeds, the county treasurer shall forthwith mail one copy to the owner or [owners] occupant of the land on which the weeds were cut, destroyed or eradicated, together with a statement that objections may be made to the whole or any part of the statement so filed to the board of county commissioners within 30 days. A hearing may be had upon any objections made.

      2.  [The county treasurer shall, at the same time, deliver a copy of the statement to the clerk of the board of county commissioners.

      3.] If any objections to any statement are filed with the board of county commissioners, the board shall set a date for a hearing, giving due notice thereof, and upon the hearing fix and determine the actual cost of cutting, destroying or eradicating the weeds and report its findings to the county treasurer.

      [4.]3.  If no objections to the items of the accounts so filed are made within 30 days of the date of mailing the itemized statement, the county treasurer shall enter the amount of such statement upon his tax roll in a column prepared for that purpose; and within 10 days from the date of the action of the board of county commissioners upon objections filed, the county treasurer shall enter the amount found by the board of county commissioners as the actual cost of cutting, destroying or eradicating the weeds in the prepared column upon the tax roll.

      [5.]4.  If current tax notices have been mailed, the costs may be carried over on the rolls to the year following. The costs incurred shall be a lien upon the land from which the weeds were cut, destroyed or eradicated, and shall be collected as provided by law for the collection of other liens.

      Sec. 123.  NRS 555.200 is hereby amended to read as follows:

      555.200  1.  Whenever any injurious or noxious weed or weeds are found growing upon the public domain or any other lands in this state owned by the Federal Government, the state quarantine officer [shall] may serve notice, as provided in NRS 555.160, upon the board or boards of county commissioners of the county or counties wherein such lands are located to cut, destroy or eradicate such weeds in accordance with the provisions of the notice so served.

      2.  Any expense of cutting, destroying or eradicating injurious or noxious weeds upon the public domain or other lands owned by the Federal Government, in accordance with the provisions of this section, shall be paid from the general fund of the county or counties concerned, but the total amount expended by any county under the provisions of this section in any 1 calendar year shall not exceed an amount equal to a tax levy of 5 cents upon each $100 of the total assessment roll of the county.


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ê1961 Statutes of Nevada, Page 526 (Chapter 304, AB 194)ê

 

noxious weeds upon the public domain or other lands owned by the Federal Government, in accordance with the provisions of this section, shall be paid from the general fund of the county or counties concerned, but the total amount expended by any county under the provisions of this section in any 1 calendar year shall not exceed an amount equal to a tax levy of 5 cents upon each $100 of the total assessment roll of the county.

      Sec. 124.  NRS 555.235 is hereby amended to read as follows:

      555.235  As used in NRS 555.235 to 555.249, inclusive:

      1.  “Agent” means any person who:

      (a) Acts upon the authority of another person possessing a valid nursery license in this state; and

      (b) Solicits for the sale of nursery stock.

      2.  “Container” means any receptacle in which nursery stock is packed for shipment, storage or sale.

      3.  [“Director” means the person designated by the state department of agriculture to supervise the administration of chapter 588 of NRS.] “Executive director” means the executive director of the state department of agriculture.

      4.  “Inspecting officer” means a person authorized by the department of agriculture to inspect nursery stock.

      5.  “Licensee” means any person licensed under the provisions of NRS 555.235 to 555.249, inclusive.

      6.  “Nursery” means any ground or place where nursery stock is grown, stored, packed, treated, fumigated or offered for sale.

      7.  “Nursery stock” means any plant for planting, propagation or ornamentation, and includes parts of plants, trees, shrubs, vines, vegetables, bulbs, stolons, tubers, corms, pips, rhizomes, scions, buds and grafts.

      8.  “Peddler” means any person who sells, solicits or offers for sale nursery stock to the ultimate consumer and who does not have an established permanent place of business in the state, but it shall not include nurserymen who wholesale stock to retail nurserymen in this state.

      9.  “Person” means any individual, firm, corporation, company or association.

      10.  “Pest” means:

      (a) Any form of animal life detrimental to the nursery industry of the state.

      (b) Any form of vegetable life detrimental to the nursery industry of the state.

      11.  “Pest disease” means any infectious, transmissible or contagious disease of plants, or any disorder of plants which manifests symptoms or behavior which the director, after investigation, determines to be characteristic of an infectious, transmissible or contagious disease.

      12.  “Sell” means exchange, offer for sale, expose for sale, have in possession for sale or solicit for sale.

      Sec. 125.  NRS 555.236 is hereby amended to read as follows:


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ê1961 Statutes of Nevada, Page 527 (Chapter 304, AB 194)ê

 

      555.236  1.  Every person who sells nursery stock shall obtain a license from the executive director, except:

      (a) Retail florists or other persons who sell potted, ornamental plants intended for indoor decorative purposes.

      (b) A person not engaged in the nursery business, raising nursery stock as a hobby in this state, from which he makes occasional sales, if such person reports to the executive director his intention to make such sales and does not advertise or solicit for the sale of such nursery stock.

      (c) Persons engaged in agriculture and field-growing vegetable plants intended for sale for use in agricultural production.

      (d) That the executive director may, to relieve hardships imposed by the licensing requirements of this chapter upon persons residing in sparsely settled areas of the state in which there exist no licensed nurseries, waive nursery licensing requirements for any established business concern to permit occasional sales of nursery stock for customer accommodation.

      (e) At the discretion of the executive director, persons selling vegetable bulbs or flower bulbs, such as onion sets, tulip bulbs or similar bulbs.

      2.  Persons exempt from the licensing requirements shall conduct their businesses in accordance with pest regulations and grades and standards for nursery stock as established by the executive director.

      Sec. 126.  NRS 555.237 is hereby amended to read as follows:

      555.237  1.  Any person applying for a license shall do so on the application form and in the manner prescribed by the executive director.

      2.  The application shall be accompanied by the nursery license fee required by NRS 555.238 and by evidence of the applicant’s good faith and character.

      Sec. 127.  NRS 555.238 is hereby amended to read as follows:

      555.238  [1.] The minimum nursery license fee shall be $25 per fiscal year, to which shall be added:

      [(a)]1.  $10 for each additional established sales yard, store or sales location operating at other than the registered place of business within the state.

      [(b)]2.  $1 for each acre of nursery stock in production or portion thereof after the first acre up to a maximum acreage fee of $10.

      [(c)]3.  $2.50 for each agent acting on behalf of the licensed nursery established in this state and operating outside of the county in which the nursery is located.

      [(d)]4.  $25 for each peddler.

      [2.  Fees collected for licenses shall be deposited in the state treasury to the credit of the state department of agriculture and may be drawn upon by the director for the purpose of enforcing NRS 555.235 to 555.249, inclusive, in the manner provided for payment of other claims against the state.]

      Sec. 128.  NRS 555.241 is hereby amended to read as follows:

      555.241  The executive director may refuse to issue or renew, or may suspend or revoke, a nursery license for violation of any provisions of NRS 555.235 to 555.249, inclusive, or any rules or regulations promulgated under NRS 555.243; but no license shall be refused, suspended or revoked until the applicant or license has been given the opportunity to appear for a hearing.


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ê1961 Statutes of Nevada, Page 528 (Chapter 304, AB 194)ê

 

may suspend or revoke, a nursery license for violation of any provisions of NRS 555.235 to 555.249, inclusive, or any rules or regulations promulgated under NRS 555.243; but no license shall be refused, suspended or revoked until the applicant or license has been given the opportunity to appear for a hearing. Offenders shall be given 15 days’ notice in writing. Such notice shall indicate the offense and the place of hearing.

      Sec. 129.  NRS 555.242 is hereby amended to read as follows:

      555.242  The executive director is authorized to order any or all nursery stock to be held for terminal inspection.

      Sec. 130.  NRS 555.243 is hereby amended to read as follows:

      555.243  The executive director is authorized to prescribe and, after a public hearing following due public notice, enforce such rules and regulations as he may deem necessary to:

      1.  Carry into effect the intent of NRS 555.235 to 555.249, inclusive.

      2.  Establish sanitary standards relating to pest conditions of nurseries.

      3.  Establish mandatory and permissive grades for nursery stock. When mandatory grades are established for nursery stock, all nursery stock sold or offered for sale shall be graded and labeled in accordance with such standards.

      4.  Establish standards relating to conditions that interfere with the proper development of nursery stock after planting.

      Sec. 131.  NRS 555.244 is hereby amended to read as follows: 

      555.244  The executive director or any inspecting officer may enter any nursery during reasonable hours to ascertain:

      1.  The pest conditions of nursery stock on growing grounds.

      2.  The condition of nursery stock offered for sale.

      Sec. 132.  NRS 555.245 is hereby amended to read as follows:

      555.245  1.  Any person may request the executive director to certify to the pest conditions of nursery stock intended for out-of-state shipment to meet plant pest quarantine requirements of other states, territories or foreign countries.

      2.  The executive director may establish a schedule of reasonable fees for such certification requests.

      Sec. 133.  NRS 555.246 is hereby amended to read as follows:

      555.246  1.  All nursery stock shipped from other states to points within this state and all nursery stock shipped intrastate shall bear on the outside of each container in which such nursery stock was packed for shipment an inspection certificate dated within reasonable time prior to shipment, which shall:

      [1.](a) Certify that such nursery stock has been inspected and found free from injurious insect pests, plant diseases and noxious weeds and is commercially clean of common pests.

      [2.](b) Bear the signature of an official authorized to inspect nursery stock.

      2.  No corporation, company or individual engaged in the transportation of freight or express may make delivery of any nursery stock in this state without an inspection certificate.


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ê1961 Statutes of Nevada, Page 529 (Chapter 304, AB 194)ê

 

      Sec. 134.  NRS 555.248 is hereby amended to read as follows:

      555.248  Any nursery stock brought into this state which the executive director or inspecting officer finds or has reasonable cause to believe to be infested or infected with any pest shall be destroyed immediately, at the expense of the owner or bailee, under the supervision of the executive director or the inspecting officer, unless:

      1.  The nature of the pest is such that no detriment can be caused to the nursery industry or related industries in this state by shipping the nursery stock out of the state. In such case the executive director or the inspecting officer:

      (a) May affix a warning tag or notice to the nursery stock.

      (b) Shall notify the owner or bailee to ship the nursery stock out of this state within 48 hours.

      (c) Shall keep the nursery stock under his control at the expense of the owner or bailee.

      (d) Shall destroy the nursery stock at the expiration of 48 hours if the owner or bailee has not shipped the nursery stock out of the state.

      2.  The executive director determines that the pest can be exterminated by treatment prescribed by the executive director with the result that no detriment can be caused to the nursery industry or related industries in this state. In such case, nursery stock will be released if the nursery stock is:

      (a) Treated in the manner prescribed by the executive director;

      (b) Treated within the time specified by the executive director or inspecting officer:

      (c) Treated under the supervision of the inspecting officer; and

      (d) Found to be free from pests.

      Sec. 135.  NRS 555.260 is hereby amended to read as follows:

      555.260  As used in NRS 555.260 to 555.460, inclusive:

      1.  “Aircraft” means any contrivance now known or hereafter invented, used or designed for navigation of, or flight in, the air.

      2.  “Custom application of insecticides, fungicides, herbicides or rodenticides” means any application of insecticides, fungicides, herbicides or rodenticides by aircraft or ground equipment for hire, including application made on new construction of residence buildings or building slabs by contractors or builders.

      3.  [“Director”] “Executive director” means the executive director [of the division of plant industry] of the state department of agriculture.

      4.  “Fungi” means all non-chlorophyll-bearing thallophytes (that is, all non-chlorophyll-bearing plants of a lower order that mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts and bacteria, except those on or in living man or other animals.

      5.  “Fungicide” means any substance or mixture of substances intended to prevent, destroy, repel or mitigate any fungi.

      6.  “Ground equipment” means any machine or device (other than aircraft) for use on land or water, designed for, or adaptable to, use in applying insecticides, fungicides, herbicides or rodenticides as sprays, dusts, aerosols or fogs, or in other forms.


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ê1961 Statutes of Nevada, Page 530 (Chapter 304, AB 194)ê

 

      7.  “Herbicide” means any substance or mixture of substances intended to prevent, destroy, repel or mitigate any weed.

      8.  “Insect” means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs and flies, and to other allied classes or arthropods whose members are wingless and usually have more than six legs as, for example, spiders, mites, ticks, centipedes and wood lice.

      9.  “Insecticide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environment whatever.

      10.  “Person” means any individual, firm, partnership, association, corporation, company, joint-stock association or body politic, or any organized group of persons whether incorporated or not, and includes any trustee, receiver, assignee or other similar representative thereof.

      11.  “Rodent” means all members of the order Rodentia and all rabbits and hares.

      12.  “Rodenticide” means any substance or mixture of substances intended to prevent, destroy, repel or mitigate rodents.

      13.  “Weed” means any plant which grows where not wanted.

      Sec. 136.  NRS 555.280 is hereby amended to read as follows:

      555.280  No person shall engage in custom application of insecticides, fungicides, herbicides or rodenticides within this state at any time without a license issued by the executive director.

      Sec. 137.  NRS 555.290 is hereby amended to read as follows:

      555.290  Application for a license shall be made to the executive director and shall contain information regarding the applicant’s qualifications and proposed operations and other relevant matters as required pursuant to regulations promulgated by the executive director.

      Sec. 138.  NRS 555.300 is hereby amended to read as follows:

      555.300  1.  The executive director may require the applicant to show, upon examination, that he possesses adequate knowledge concerning the proper use and application of insecticides, fungicides, herbicides and rodenticides, and the dangers involved and precautions to be taken in connection with their application.

      2.  If the applicant is other than an individual, the applicant shall designate as officer, member or technician of the organization to take the examination, such designee to be subject to the approval of the executive director. If the extent of the applicant’s operations warrant it, the executive director may require more than one officer, member or technician to take the examination.

      Sec. 139.  NRS 555.310 is hereby amended to read as follows:

      555.310  [1.] The executive director shall collect from each person applying for a license the sum of $25 before the license is issued. Any company or person employing more than one operator of ground sprayers or pilot shall pay to the executive director $10 for each such operator or pilot.


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ê1961 Statutes of Nevada, Page 531 (Chapter 304, AB 194)ê

 

      [2.  Fees collected for licenses shall be deposited in the state treasury to the credit of the general fund and may be drawn upon by the director for the purpose of enforcing NRS 555.260 to 555.460, inclusive, in the manner provided for payment of other claims against the state.]

      Sec. 140.  NRS 555.320 is hereby amended to read as follows:

      555.320  1.  If the executive director finds the applicant qualified, and upon the applicant’s appointing the executive director agent for service of process and finding that the applicant has satisfied the requirements of NRS 555.330, the executive director, shall issue a license, for such period as he may by regulation prescribe, to perform custom application of insecticides, fungicides, herbicides and rodenticides within this state.

      2.  The license may restrict the licensee to the use of a certain type or types of equipment or materials if the executive director finds that the applicant is qualified to use only such type or types.

      3.  If a license is not issued as applied for, the executive director shall inform the applicant in writing of the reasons therefor.

      Sec. 141.  NRS 555.330 is hereby amended to read as follows:

      555.330  1.  The executive director shall require from each applicant for an operator’s license proof of financial responsibility, including public liability and property damage insurance in an amount not less than $10,000, nor more than $200,000.

      2.  The executive director may require drift insurance for operators employing economic poisons or other materials declared hazardous or dangerous to humans, livestock or wildlife.

      3.  Any person injured by the breach of any such obligation shall be entitled to sue in his own name in any court of competent jurisdiction to recover the damages he may have sustained by such breach, providing each claim is made within 6 months after the alleged injury.

      Sec. 142.  NRS 555.340 is hereby amended to read as follows:

      555.340  The executive director may issue a license without examination to a nonresident who is licensed in another state substantially in accordance with the provisions of NRS 555.260 to 555.460, inclusive.

      Sec. 143.  NRS 555.350 is hereby amended to read as follows:

      555.350  The executive director may suspend, pending inquiry, for no longer than 10 days, and, after opportunity for a hearing, may revoke or modify any license issued under NRS 555.260 to 555.460, inclusive, if he finds that:

      1.  The licensee is no longer qualified; or

      2.  The licensee has engaged in fraudulent business practices in the custom application of insecticides, fungicides, herbicides or rodenticides; or

      3.  The licensee has made any custom application in a faulty, careless or negligent manner; or

      4.  The licensee has violated any of the provisions of NRS 555.260 to 555.460, inclusive, or regulations made thereunder.

      Sec. 144.  NRS 555.360 is hereby amended to read as follows:


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ê1961 Statutes of Nevada, Page 532 (Chapter 304, AB 194)ê

 

      555.360  1.  Any person aggrieved by any action of the executive director may obtain a review thereof by filing in the district court of the county wherein such person resides, within 30 days after notice of the action, a written petition praying that the action of the executive director be set aside.

      2.  A copy of the petition shall forthwith be delivered to the executive director, and within 20 days thereafter the executive director shall certify and file in the court a transcript of any record pertaining thereto, including a transcript of evidence received.

      3.  Upon compliance with the provisions of subsections 1 and 2, the court shall have jurisdiction to affirm, set aside or modify the action of the executive director, except that the findings of the executive director as to the facts, if supported by substantial evidence, shall be conclusive.

      Sec. 145.  NRS 555.370 is hereby amended to read as follows:

      555.370  The executive director may provide for inspection of any ground equipment or of any device or apparatus used for custom application of insecticides, fungicides, herbicides or rodenticides by aircraft, and may require proper repairs or other changes before its further use for custom application.

      Sec. 146.  NRS 555.380 is hereby amended to read as follows:

      555.380  1.  The executive director may, by regulation, prescribe materials or methods to be used and prohibit the use of materials or methods in custom application of insecticides, fungicides, herbicides and rodenticides, to the extent necessary to protect health or to prevent injury by reason of the drifting, washing or application of such materials to desired plants or animals, including pollinating insects and aquatic life, on property other than that owned or leased by the person for whom the materials are applied.

      2.  In issuing such regulations, the executive director shall give consideration to pertinent research findings and recommendations of other agencies of this state or of the Federal Government.

      Sec. 147.  NRS 555.390 is hereby amended to read as follows:

      555.390  The executive director may, by regulation, require any licensee to maintain such records and furnish reports giving such information with respect to particular applications of insecticides, fungicides, herbicides or rodenticides and such other relevant information as the executive director may deem necessary.

      Sec. 148.  NRS 555.400 is hereby amended to read as follows:

      555.400  1.  The executive director may make regulations for carrying out the provisions of NRS 555.260 to 555.460, inclusive; but such regulations shall not be inconsistent with regulations issued by this state or by the Federal Government respecting safety in air navigation or operation of aircraft.

      2.  Before issuing regulations directly relating to any matter within the jurisdiction of any other official of this state, the executive director shall consult with that official with reference thereto.

      Sec. 149.  NRS 555.410 is hereby amended to read as follows:

      555.140  The executive director may, in cooperation with the University of Nevada, publish information regarding injury which may result from improper application or handling of insecticides, fungicides, herbicides or rodenticides and methods and precautions designed to prevent such injury.


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ê1961 Statutes of Nevada, Page 533 (Chapter 304, AB 194)ê

 

result from improper application or handling of insecticides, fungicides, herbicides or rodenticides and methods and precautions designed to prevent such injury.

      Sec. 150.  NRS 555.420 is hereby amended to read as follows:

      555.420  For the purpose of carrying out the provisions of NRS 555.260 to 555.460, inclusive, the executive director and his duly appointed inspectors may enter upon any public or private premises at reasonable times in order to have access for the purpose of inspecting any aircraft or ground equipment subject to NRS 555.260 to 555.460, inclusive.

      Sec. 151.  NRS 555.460 is hereby amended to read as follows:

      555.460  Any person violating the provisions of NRS 555.260 to 555.450, inclusive, or the regulations issued thereunder shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not more than $500, or by imprisonment in the county jail for 60 days, or by both fine and imprisonment.]

      Sec. 152.  NRS 563.060 is hereby amended to read as follows:

      563.060  [The members of the board shall serve without compensation, but shall be allowed their necessary traveling expenses and living expenses while engaged in the work of the board away from their respective places of residence.] While engaged in official business of the board, the members of the board shall receive the per diem expense allowance and travel expenses as provided by law.

      Sec. 153.  NRS 563.080 is hereby amended to read as follows:

      563.080  1.  The board shall have possession and care of all of the property of the Nevada junior livestock show and shall be entrusted with the direction of its entire business and financial affairs.

      2.  The board shall have the power:

      (a) To appoint employees [,] and define their duties. [, and fix their compensation and bonds, if any.]

      (b) To adopt bylaws, rules and regulations for the government of the junior livestock show, the Nevada junior livestock show board, and for all exhibitions of livestock.

      (c) To acquire or lease real and personal property, buildings and improvements.

      Sec. 154.  NRS 563.130 is hereby amended to read as follows:

      563.130  [1.] The board shall:

      [(a)]1.  Use all suitable means to collect and disseminate information calculated to educate and benefit producers, growers and breeders of livestock within the State of Nevada.

      [(b)]2.  On or before February 1 of each year succeeding each livestock show, report to the governor a full and detailed account of its transactions and a full financial statement of all funds received and disbursed.

      [2.  The superintendent of state printing shall:

      (a) Each year print and bind 400 volumes of the report and deliver the same to the board for distribution and exchange.

      (b) Do such job printing as the board may require to carry out the provisions of this chapter.]

      Sec. 155.  NRS 564.010 is hereby amended to read as follows:


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ê1961 Statutes of Nevada, Page 534 (Chapter 304, AB 194)ê

 

      564.010  As used in NRS 564.010 to 564.150, inclusive:

      [1.  “Board” means the state board of stock commissioners.

      2.  “Cattle” includes all kinds, ages, sexes, singular and plural, of the bovine species.

      3.  “Hogs” includes all kinds, ages and sexes, singular and plural, of the porcine species.

      4.  “Horses, mules and asses” includes all kinds, ages and sexes, singular and plural, of the equine species.]

      1.  “Animals” means:

      (a) All cattle or animals of the bovine species.

      (b) All horses, mules, burros and asses or animals of the equine species.

      (c) All swine or animals of the porcine species.

      2.  “Department” means the state department of agriculture.

      3.  “Executive director” means the executive director of the state department of agriculture.

      Sec. 156.  NRS 564.020 is hereby amended to read as follows:

      564.020  1.  Every owner of [horses, mules, asses, cattle or hogs] animals 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.] animals.

      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] animals with a brand or brand and mark not at the time of legal record as provided in NRS 564.010 to 564.150, 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. 157.  NRS 564.030 is hereby amended to read as follows:

      564.030  The [board] executive director is empowered and authorized to carry out the terms and provisions of NRS 564.010 to 564.150, inclusive, and, for that purpose, to make such rules and regulations not inconsistent therewith, and to appoint such agents, under [its] his direction, as [it] he deems necessary therefor. All expense in connection therewith shall be met from the [stock] livestock inspection fund, except as provided in NRS 564.010 to 564.150, inclusive.

      Sec. 158.  NRS 564.040 is hereby amended to read as follows:

      564.040  1.  [After February 19, 1923, any] Any owner of [horses, mules, asses, cattle or hogs] animals in this state desiring to adopt and use thereupon any brand, or brand and mark, or marks, as provided for in NRS 564.010 to 564.150, inclusive, shall, before doing so, forward to the [board] department an application, on a form approved and provided by the [board] department for that purpose, for the recording of such brand, or brand and mark or marks, and receive a certificate of recordation as provided in NRS 564.010 to 564.150, inclusive.

      2.  The application shall:


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ê1961 Statutes of Nevada, Page 535 (Chapter 304, AB 194)ê

 

      (a) Include a drawing, exact except as to size, of the brand, together with any earmarks or other marks desired or intended to be used therewith, and the location upon the animal or animals concerned where such brand and earmarks or other marks are desired or intended to be used;

      (b) Include a statement of the kinds of [livestock] animals upon which the brand or brand and mark or marks is or are to be used;

      (c) Include a statement of the approximate boundaries of that part of the state within which it is intended to use the same; and

      (d) Include the full name and address of the applicant.

      3.  For the purpose of NRS 564.010 to 564.150, inclusive, the post office address included in the application shall be considered the legal address of the applicant until the [board] department shall receive from such applicant, in writing, a notice of change of the same, the latest address of record with the [board] department remaining the legal address.

      Sec. 159.  NRS 564.050 is hereby amended to read as follows:

      564.050  1.  [After February 19, 1923, but] Only one brand shall be awarded or recorded for each owner of [horses, mules, asses, cattle or hogs;] animals; 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,] department, 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,] department, 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,] animals, 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,] July 1, 1961, 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,] July 1, 1961, are concerned, until July 1, 1976, 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.

      5.  After July 1, 1965, no brand of like design may be recorded for use in the same position upon an animal. If duplication of recordings of design and position exists at such time, such duplication shall be resolved by mutual agreement of the owners. In the absence of such mutual agreement by the owners, the duplication shall be resolved by the state board of agriculture after a hearing. The board may make regulations governing the procedure at such hearings.

      Sec. 160.  NRS 564.060 is hereby amended to read as follows:


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ê1961 Statutes of Nevada, Page 536 (Chapter 304, AB 194)ê

 

      564.060  1.  Upon receipt of an application, as set forth in NRS 564.040, the [board] department shall cause the records of previously recorded brands, remaining of legal record, or not abandoned for more than 1 year as provided in NRS 564.120, to be searched and, if the brand applied for is recordable under the provisions of NRS 564.050, award the brand set forth in the application to the applicant and proceed to record the same, together with the mark or marks.

      2.  In the case of any brand awarded after July 1, 1945, the recording certificate issued by the [board] department shall define the area within this state where the same may be used, and the position or positions, on the animal or animals concerned, where it may be applied, and the use of the brand outside of such areas, or its application to other positions, without the written approval of the [board] department shall be unlawful.

      3.  No brand applied for shall be awarded or recorded until after the lapse of 2 legal business days subsequent to the receipt of the application for the same at the established office of the [board.] department.

      4.  In all cases where, under the terms of NRS 564.010 to 564.150, inclusive, the brand or brands and mark or marks applied for cannot legally be awarded by the [board] department to the applicant, the applicant shall promptly be so notified by the [board.] department.

      5.  Applications for the awarding and recording of brands or brands and marks shall take precedence in the chronological order of their receipt at the established office of the [board.] department.

      6.  The [board] department may, in its discretion, refuse to award or record a brand known to be in use at the time in this state, or in abutting county of an adjoining state, [on horses, mules, asses, cattle or hogs] by a person or persons other than the applicant therefor.

      Sec. 161.  NRS 564.070 is hereby amended to read as follows:

      564.070  1.  Upon the awarding of a brand or brands as provided in NRS 564.010 to 564.150, inclusive, the [board] department shall immediately proceed to record the same.

      2.  Such recording shall consist of the transcribing upon a suitable and permanent record, which shall be a public record and prima facie evidence of the facts contained therein, designed and approved by the [board] department for that purpose, of:

      (a) A facsimile, except as to scale, of the brand or brand and mark or marks awarded.

      (b) The location upon the animal or animals concerned of the brand or brand and mark or marks as awarded.

      (c) The date of application.

      (d) The date of award.

      (e) The district within which the brand or brands and mark or marks is or are intended to be used.

      (f) The kind of [livestock] animals upon which it is or they are intended to be used.

      3.  The [board] department shall promptly cause to be prepared and sent to the person to whom the award is made a certificate containing the same entries as those set forth upon the permanent record of the [board] department described in subsection 2 and certified to by the [board] department or its duly authorized agent.


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ê1961 Statutes of Nevada, Page 537 (Chapter 304, AB 194)ê

 

and sent to the person to whom the award is made a certificate containing the same entries as those set forth upon the permanent record of the [board] department described in subsection 2 and certified to by the [board] department or its duly authorized agent. Such a certificate shall have the legal status of similar certificates as set forth in NRS 564.090.

      Sec. 162.  NRS 564.080 is hereby amended to read as follows:

      564.080  [1.] Except as otherwise provided in NRS 564.010 to 564.150, inclusive, the [board] department may, in its discretion, establish fair and reasonable charges deemed justified by the [board] department and collect the same for:

      [(a)]1.  The recording of brands or brands and marks; or

      [(b)]2.  The rerecording of the same; or

      [(c)]3.  The recording of instruments transferring ownership of brands or brands and marks; or

      [(d)]4.  Certificates of recordation or rerecordation of brands or brands and marks.

      [2.  Any moneys collected under the provisions of this section shall be placed in the stock inspection fund and held therein subject to the disposition of the board.]

      Sec. 163.  NRS 564.090 is hereby amended to read as follows:

      564.090  All certificates of recordation of brands or brands and marks furnished by the [board] department under the provisions of NRS 564.010 to 564.150, inclusive, shall be prima facie evidence of the ownership of all [livestock] animals of the kind or kinds and bearing the brand or brands and mark or marks specified and as set forth therein, and such certificates shall be taken as evidence of such ownership in all suits of law or in equity, or in any criminal proceedings, when the title to [horses, mules, asses, cattle or hogs] animals in this state is involved or proper to be proved.

      Sec. 164.  NRS 564.110 is hereby amended to read as follows:

      564.110  1.  Any brand or brand and mark or marks, awarded and recorded and remaining of record in accordance with the terms of NRS 564.010 to 564.150, inclusive, including those transferred legally as provided in this section, shall be the property of the person or persons to whom they stand of record as provided in NRS 564.010 to 564.150, inclusive, and shall be subject to sale, assignment, transfer, mortgage or lien, devise and descent the same as other personal property.

      2.  Instruments of writing evidencing such sale, assignment, transfer, mortgage, lien, devise or descent shall be in that form, as to text, signatures, witnesses, acknowledgments or certifications, required by statutes, in the case of the kind of instrument concerned; but the [board] department may secure competent legal advice or rulings, and require such supporting evidence as it deems necessary, as to such instruments of writing, being in fact, authentic and in due legal form, before approving and recording the same, as provided in NRS 564.010 to 564.150, inclusive.


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ê1961 Statutes of Nevada, Page 538 (Chapter 304, AB 194)ê

 

      3.  Instruments in writing evidencing the transfer of ownership of any brand or brand and mark or marks shall, after approval, be recorded in the office of the [board] department in a book to be provided for that purpose, and shall not be legally binding until so approved by the [board] department and recorded.

      4.  Recording of such instruments shall have the same force and effect as to third parties as the recording of instruments affecting the sale, assignment, transfer, devise or descent of other personal property. The original, or a certified copy of any such instrument, may be introduced in evidence the same as is provided for similar instruments affecting personal property, and the record of such instrument or instruments of transfer, or the transcript thereof certified by the custodian of such record, may be read in evidence without further proof.

      5.  Whenever any brand or brand and mark or marks of record, in accordance with the terms of NRS 564.010 to 564.150, inclusive, becomes the subject of, or is included in, any mortgage, provisional assignment or legal lien, the mortgagee, provisional assignee or lien holder may notify the [board] department in writing as to the existence and conditions of such mortgage, provisional assignment or lien. After the receipt of such written notice the [board] department shall not transfer such brand or brand and mark or marks, other than to such mortgagee, provisional assignee or lien holder until there is filed with the [board] department satisfactory legal evidence that such mortgage, provisional assignment or lien has been legally satisfied and removed.

      6.  No transfer or change, or partial, joint or complete ownership of any brand, under the provisions of this section, shall be construed to grant or recognize any change in the method or area of its use, from that authorized for the same at the time of recording, or subsequent thereto but prior to such transfer or change of ownership, nor shall it waive or modify the rerecording requirements set forth in NRS 564.120.

      Sec. 165.  NRS 564.120 is hereby amended to read as follows:

      564.120  1.  Any owner of a brand or brand and mark or marks of record under the provisions of NRS 564.010 to 564.150, inclusive, including brands or marks transferred under the terms of NRS 564.110, desiring legally to continue the use of the same beyond the prescribed dates shall, within 60 days prior to January 1, 1926, and within 60 days prior to January 1 at the end of each 5-year period thereafter, make application to the [board] department for the rerecording of the same.

      2.  The application shall be made in writing and accompanied by any rerecording fee set by the [board] department in accord with the provisions of NRS 564.080.

      3.  The [board] department shall notify every owner of a brand or brand and mark or marks of legal record in its office, including owners of brands and marks transferred under the provisions of NRS 564.110, at least 60 days prior to January 1, 1926, and January 1 at the end of each 5-year period thereafter, of his right to rerecord the same as provided in this section.


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ê1961 Statutes of Nevada, Page 539 (Chapter 304, AB 194)ê

 

of each 5-year period thereafter, of his right to rerecord the same as provided in this section. The notice shall be in writing and shall be sent by mail to each such owner at his last address of record in the office of the [board.] department. Such notice shall be complete at the expiration of 60 days from the date of its mailing by the [board.] department.

      4.  The [board] department may also advertise the approach of any rerecording period in such manner and at such times as it deems advisable.

      5.  Any or all brands or brands and marks for the rerecording of which the owners have not applied as provided for in this section by January 1, 1926, or by January 1 of any 5-year period succeeding that date, including all brands and marks or record as transferred as provided in NRS 564.110, shall be deemed abandoned and no longer of legal record as provided for by NRS 564.010 to 564.150, inclusive. Brands or brands and marks thus abandoned shall not be awarded or recorded by the [board] department to persons other than those abandoning the same until 1 year shall have elapsed from the date of such abandonment and the awarding and recording of abandoned brands or brands and marks to any person shall be in accord with the terms of NRS 564.010 to 564.150, inclusive.

      6.  The [board] department shall furnish the legal owners of any brand or brand and mark or marks rerecorded under the provisions of this section with a certificate setting forth the fact of such rerecordation.

      7.  No new brands may be recorded during the 60 days of a rerecording period unless in the opinion of the executive director undue hardship would be caused the applicant.

      Sec. 166.  NRS 564.130 is hereby amended to read as follows:

      564.130  1.  The [board] department is authorized and empowered at its discretion to compile and issue books, and supplements thereto, containing transcripts of part or all of its records of brands and marks, so arranged and indexed as to be suitable for use in identifying any brands or marks which may be found in this state on any [horses, mules, asses, cattle or hogs,] animals, or the hides thereof, and used in compliance with the terms of NRS 564.010 to 564.150, inclusive.

      2.  Copies of the same shall be available to any person at a charge to be fixed by the [board,] department, but such charge shall not be less than the cost of compilation, publication and issuance.

      3.  Copies of such brand books or supplements may be furnished by the [board,] department, without charge, to any public official or other person whose possession of such book or supplements will, in the opinion of the [board,] department, serve to promote the general welfare.

      [4.  Expense in connection with the provisions of this section shall be met from the stock inspection fund, and any moneys derived from the sale of such books or supplements shall be returned to the stock inspection fund and remain therein subject to disposition by the board.]


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ê1961 Statutes of Nevada, Page 540 (Chapter 304, AB 194)ê

 

      Sec. 167.  NRS 564.140 is hereby amended to read as follows:

      564.140  1.  It shall be unlawful for the owner or owners of any legally recorded brand, recorded under the provisions of NRS 564.010 to 564.150, inclusive, [or any law in effect in this state prior to February 19, 1923, and remaining of legal record,] to use the same on any position or positions, on any animal or animals, or in any area or areas, other than those authorized in writing at the time such brand was recorded, or subsequent thereto, by the [board or some other legally constituted authority.] department. The [board] department may, on the written application of the owner or owners of any legally recorded brand, authorize in writing a change of position, or new positions for the application of the same, or change or enlarge the area in which it may be used, if in the [board’s] opinion of the department such change or changes in position or area of use will not jeopardize or injure the rights or property of the owner or owners of any other brand remaining of local record.

      2.  Any application for a change in position, or new positions, or changes in the area of use as provided in subsection 1 shall set forth a valid and sufficient reason or reasons for the same, and the [board] department may require such supporting evidence for the same as it deems necessary to establish the facts.

      3.  It is unlawful for any person to obliterate, disfigure, extend, deface or remove from any animal a brand that is recorded pursuant to the provisions of NRS 564.010 to 564.150, inclusive.

      Sec. 168.  NRS 564.150 is hereby amended to read as follows:

      564.150  Any person violating any of the provisions of NRS 564.010 to 564.140, inclusive, shall be guilty of a misdemeanor, [and on conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding 250 days, or by both fine and imprisonment.] except that any person who violates the provisions of subsection 3 of NRS 564.140 is guilty of a gross misdemeanor.

      Sec. 169.  NRS 565.010 is hereby amended to read as follows:

      565.010  As used in this chapter, [“board” means the state board of stock commissioners.] unless the context requires otherwise:

      1.  “Animals” means:

      (a) All cattle or animals of the bovine species.

      (b) All horses, mules, burros and asses or animals of the equine species.

      (c) All swine or animals of the porcine species.

      2.  “Brand inspection” means a careful examination of each animal offered for such inspection and an examination of any brands, marks or other characteristics thereon.

      3.  “Department” means the state department of agriculture.

      4.  “Executive director” means the executive director of the state department of agriculture.

      Sec. 170.  NRS 565.030 is hereby amended to read as follows:

      565.030  The [board] department is designated as the authority to administer this chapter and carry out and enforce the provisions of the same and any rules and regulations issued thereunder.

      Sec. 171.  NRS 565.040 is hereby amended to read as follows:


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

ê1961 Statutes of Nevada, Page 541 (Chapter 304, AB 194)ê

 

      565.040  1.  The [board] executive director is authorized and empowered to declare any part or parts of the State of Nevada a brand inspection district or districts.

      2.  After the creation of any brand inspection district as authorized by this chapter all [neat cattle, horses or mules] animals within any such district shall be subject to brand inspection in accord with the terms of this chapter before:

      (a) Consignment for slaughter within any district; or

      (b) Any transfer of ownership by sale or otherwise; or

      (c) Removal from such district when such removal is not authorized pursuant to a livestock movement permit issued by the [board.] department.

      3.  Whenever a brand inspection district is created by the [board] department under the provisions of this chapter, the [board] executive director shall adopt and issue regulations defining the boundaries of such district, the fees to be collected for such brand inspection, and prescribing such other rules or methods of procedure not inconsistent with the provisions of this chapter as [it] he deems wise.

      4.  [When a petition signed by a majority of the owners of neat cattle, horses or mules within a brand inspection district is filed with the board praying that the board inspection district be excluded from the operation of the provisions of paragraphs (a) and (b) of subsection 2 of this section, the board forthwith shall cause the brand inspection district to be so excluded by the issuance of a regulation in the manner prescribed in this chapter.

      5.]Any regulations issued under the provisions of this section shall be published at least twice in some newspaper having a general circulation in the brand inspection district created by such regulations, and copies of such regulations shall also be mailed to all common carriers of record with the public service commission of Nevada operating in such brand inspection district, which publication and notification shall constitute legal notice of the creation of such brand inspection district. The expense of such advertising and notification shall be paid from the [stock] livestock inspection fund.

      Sec. 172.  NRS 565.070 is hereby amended to read as follows:

      565.070  1.  The [board] department is authorized to levy and collect a reasonably compensatory fee or fees for brand inspection as required under the provisions of this chapter. Any fee or fees so levied shall be collected by the inspector before the issuance of a brand inspection clearance certificate as provided for in this chapter.

      2.  Any such fee or fees so collected by any inspector shall, in accordance with the provisions of a regulation adopted and issued by the [board,] executive director, either:

      (a) Be immediately forwarded by him to the office of the [board and the same shall be deposited in the stock inspection fund in the state treasury;] department; or

      (b) Be retained by him as compensation and accounted for by him at the time and in the manner required by regulation of the [board.] executive director.

      Sec. 173.  NRS 565.080 is hereby amended to read as follows:


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ê1961 Statutes of Nevada, Page 542 (Chapter 304, AB 194)ê

 

      565.080  [1.] It shall be unlawful for any common carrier or carriers to accept for transportation or transport any [neat cattle, horse or mules] animals out of any brand inspection district created under the provisions of this chapter until after such [neat cattle, horse or mules] animals have been inspected by an inspector of the [board] department and a brand inspection clearance certificate issued by such inspector as provided in this chapter.

      [2.  All common carriers shall immediately notify the office of the board or an inspector thereof in writing of any orders received for the shipment or movement by them of any livestock out of a brand inspection district created under the provisions of this chapter, for which brand inspection is required under the provisions of this chapter, stating in such notice:

      (a) The name and address of the person or persons applying for such transportation.

      (b) The proposed date of such movement or shipment.

      (c) The loading point of such shipment.

      (d) The proposed destination of such shipment.

      (e) The name and address of the consignee, if known.

      (f) The approximate number and kind of animals it is proposed to so ship or transport.]

      Sec. 174.  NRS 565.090 is hereby amended to read as follows:

      565.090  1.  It shall be unlawful for any person or persons to drive or otherwise remove, other than by common carrier, any [neat cattle, horses or mules] animals out of a brand inspection district created under the provisions of this chapter, until such [neat cattle, horses or mules] animals have been inspected by an inspector of the [board] department and a brand inspection clearance certificate issued covering the same, or a written permit from the [board] department or an authorized inspector of the same has been issued them authorizing such movement without brand inspection.

      2.  Any person or persons contemplating the driving or movement of any [neat cattle, horses or mules] animals out of any such brand inspection district, except by common carrier, shall notify the office of the [board] department or an inspector thereof of such intention [in writing,], stating:

      (a) The place at which it is proposed to cross the border of such brand inspection district with such [livestock] animals.

      (b) The number and kind of such [livestock.] animals.

      (c) The owner or owners of the same.

      (d) The brands or brands and marks of any such [livestock] animals claimed by each such owner or owners and, if the same are other than the brands or brands and marks legally recorded in the name or names of such claimants, information as to what such claim to ownership or legal possession is upon.

      (e) The date of the proposed movement across the border of such brand inspection district and the destination of such movement.

      (f) A statement as to where such [livestock] animals will be held for brand inspection as provided for in this chapter.


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ê1961 Statutes of Nevada, Page 543 (Chapter 304, AB 194)ê

 

      3.  The provisions of this section shall not be construed to apply to [livestock] animals whose accustomed range is on both sides of the boundary of any brand inspection district created under the provisions of this chapter but contiguous to the same and which are being moved from one portion of any such accustomed range to another merely for the purpose of pasturing and grazing thereon.

      4.  [Regardless of whether or not any brand inspection districts are created under the provisions of this chapter, all] All the provisions of this section shall apply at all times to the movement of any [neat cattle, horses or mules] animals other than by common carrier across the Nevada state line to any point outside of the State of Nevada, excepting [livestock] animals whose accustomed range is on both sides of the Nevada state line but contiguous thereto and which are being moved from one portion to another of such accustomed range merely for the purpose of pasturing and grazing thereon.

      Sec. 175.  NRS 565.100 is hereby amended to read as follows:

      565.100  [1.] It shall be unlawful for any person to consign for slaughter or transfer ownership of any [neat cattle, horses or mules] animals by sale or otherwise within any brand inspection district created under the provisions of this chapter, until such [neat cattle, horses or mules] animals have been inspected by an inspector of the [board] department and a brand inspection clearance certificate issued covering the same. [, or a written permit from the board or an authorized inspector of the board has been issued to him authorizing such consignment or transfer of ownership without brand inspection.

      2.  This section shall be inoperative if by regulation issued pursuant to the provisions of subsection 4 of NRS 565.040 the brand inspection district has been excluded from the operation of the provisions of paragraphs (a) and (b) of subsection 2 of NRS 565.040.]

      Sec. 176.  NRS 565.110 is hereby amended to read as follows:

      565.110  1.  Any person or persons intending to move, drive, ship or transport by common carrier, or otherwise, any [neat cattle, horses or mules] animals out of any brand inspection district created under the provisions of this chapter shall assemble and hold the same at some convenient and adequate place for such brand inspection as may be required until such [livestock] animals shall have been inspected and released as provided for in this chapter.

      2.  The provisions of this section shall not apply to any [neat cattle, horses or mules] animals for the movement of which out of such brand inspection district without brand inspection a permit has been issued by the [board] department or an inspector thereof in accordance with the provisions of NRS 565.090.

      Sec. 177.  NRS 565.120 is hereby amended to read as follows:

      565.120  1.  Upon the completion of brand inspection the inspector of the [board] department shall, except as otherwise provided in this chapter, issue a brand inspection clearance certificate on which shall be entered:

      (a) The name and address of the person or persons claiming to own the [livestock.] animals.


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ê1961 Statutes of Nevada, Page 544 (Chapter 304, AB 194)ê

 

      (b) The proposed destination of the [livestock.] animals.

      (c) The name and address of the consignee.

      (d) A full description of all the [livestock] animals inspected, including the number, kind, sex, age, color and the brands or brands and marks thereon.

      (e) The amount of the inspection fee or fees collected.

      (f) The signature of the owner or his authorized agent.

      2.  One copy of the brand inspection certificate shall be delivered to the common carrier undertaking to transport such livestock out of the brand inspection district for attachment to its waybill, or to the person or persons intending to drive, move or otherwise transport such [livestock] animals out of the brand inspection district other than by common carrier to accompany the livestock to destination, and one copy shall be immediately forwarded to the office of the [board.] department.

      Sec. 178.  NRS 565.130 is hereby amended to read as follows:

      565.130  1.  The [board] department or its duly authorized inspector shall refuse to issue brand inspection clearance certificates or permits to remove [neat cattle, horses or mules] animals from a brand inspection district without brand inspection as provided in this chapter, subject to brand inspection under the provisions of this chapter, not bearing brands or brands and marks of legal record in the name of the person or persons claiming unlawful possession of and applying for inspection of such [livestock,] animals, until satisfactory evidence of such right to legal possession of the same and shipment or removal from such brand inspection district shall have been supplied the [board] department or its duly authorized inspector.

      2.  The [board] department and its duly authorized inspector shall also use all due vigilance to prevent the unlawful removal by any person or persons of any [neat cattle, horses or mules] animals from any brand inspection district or districts created under the provision of this chapter.

      Sec. 179.  NRS 565.140 is hereby amended to read as follows:

      565.140  1.  Whenever, incident to any brand inspection under the provisions of this chapter, any inspector shall find in the possession of any person or persons offering [livestock] animals for inspection any [neat cattle, horses or mules] animals to which such person or persons cannot establish their legal ownership or right of possession and the inspector shall be able to determine by means of the brands or brands and marks on such animal or animals, or upon other reliable evidence, the actual legal owner or owners of such animal or animals, the inspector shall immediately notify such legal owner or owners in writing of his findings.

      2.  The inspector shall include in such notice:

      (a) The date and place where such animal or animals were found.

      (b) A full description of the same.

      (c) The name and address of any person or persons in whose possession they were found.


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ê1961 Statutes of Nevada, Page 545 (Chapter 304, AB 194)ê

 

      (d) All other information which may aid the legal owner or owners of such animal or animals in securing the return thereof or compensation therefor, or in any civil suit or criminal prosecution relating thereto.

      Sec. 180.  NRS 565.150 is hereby amended to read as follows:

      565.150  1.  Whenever, incident to any brand inspection under the provisions of this chapter, any inspector shall find in the possession of any [person or] persons offering [livestock] animals for inspection any [neat cattle, horses or mules] animals to which such person or persons cannot establish their legal ownership or right to possession, and the inspector shall be unable to determine by means of the brands or brands and marks on such animals, or otherwise, the actual legal [owner or] owners of the [animal or] animals, or, if in the judgement of the inspector such action is necessary to safeguard the legal [owner or] owners of the [animal or] animals, if known to the inspector, against their loss, the inspector shall immediately seize and take possession of such [animal or] animals and proceed to dispose of the same, under the provisions of NRS 569.010 or [569.030] 569.040 to 569.130, inclusive.

      2.  Such seizure and disposal by an inspector shall in no way relieve the [person or] persons in whose possession the [animal or] animals were found of any civil or criminal liability arising out of the unlawful removal of such [animal or] animals from the grazing commons or the unlawful possession of the same.

      Sec. 181.  NRS 565.160 is hereby amended to read as follows:

      565.160  Nothing in this chapter shall be construed to affect, nor shall it affect, the right of the [board] department conferred by any other law or laws to inspect any [livestock] animals for the determination of the ownership thereof, or for any other purpose under the provisions of any such other law or laws.

      Sec. 182.  NRS 562.030 is hereby amended to read as follows:

      562.030  As used in this chapter, “sheep” shall [include goats, lambs and kids.] mean animals of the ovine species.

      Sec. 183.  NRS 562.170 is hereby amended to read as follows:

      562.170  1.  The boards of county commissioners of the several countries, 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 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. 184.  NRS 562.180 is hereby amended to read as follows:

      562.180  1.  Each county assessor must, on or before the 1st Monday in March of each year, prepare from the assessment records of such year, as corrected by the board of county commissioners, and send to the state board of sheep commissioners, a statement showing the total number and value of all sheep [and goats] assessed and the names and addresses of the individual owners of the same in the county concerned for the current tax year.


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ê1961 Statutes of Nevada, Page 546 (Chapter 304, AB 194)ê

 

year, as corrected by the board of county commissioners, and send to the state board of sheep commissioners, a statement showing the total number and value of all sheep [and goats] assessed and the names and addresses of the individual owners of the same in the county concerned for the current tax year.

      2.  Each county treasurer must notify the state board of sheep commissioners at the time of forwarding of all moneys by him to the state treasurer for placing in the sheep inspection fund, including a final report at the time final settlement is made each year concerning such funds with the state controller.

      Sec. 185.  (This section deleted by amendment.)

      Sec. 186.  (This section deleted by amendment.)

      Sec. 187.  NRS 569.010 is hereby amended to read as follows:

      569.010  1.  Except as otherwise provided by law, all [horses, mules, burros, hogs and cattle] estrays within the State of Nevada, [the ownership of which cannot be determined by a diligent search through the recorded brands of the state and by inquiries among reputable stockmen and ranchers in the vicinity where such animals are found,] shall be deemed for the purpose of this section to be the property of the [state board of stock commissioners.] department.

      2.  The [state board of stock commissioners] department shall have all rights accruing under the laws of this state to owners of such animals, and may dispose of any such animals by sale through an agent appointed by the [board.] department.

      3.  Except as otherwise provided by law, all moneys collected for the sale or for the injury or killing of any of such animals shall be held for a period of 1 year, subject to the claim of any person who can establish legal title to any animal concerned. All moneys remaining unclaimed shall be deposited in the [stock] livestock inspection fund after the period of 1 year. The [state board of stock commissioners has the right to] department may disallow all claims if the [board] department deems the claims illegal or not showing satisfactory evidence of title.

      4.  The [board] department shall not be held liable for any trespass or other damage caused by any of such [animals.] estrays.

      Sec. 188.  NRS 569.020 is hereby amended to read as follows:

      569.020  1.  Any county, city, town, township or other peace officer or poundmaster who impounds under the provisions of any state law or county or municipal ordinance any livestock [or domesticated animals other than sheep, goats, dogs or cats] shall, immediately after impounding such [animal or animals,] livestock, send a written notice to the [state board of stock commissioners. Notice of impounding of sheep or goats shall be given to the state board of sheep commissioners.] department.

      2.  The notice shall contain a full description, including all brands and marks, sex, age, weight, color and kind of each animal so impounded.

      3.  If the owner or owners of such [animal or animals] livestock are not known and in case of the sale of such impounded [animal or animals] livestock as prescribed by law, all notices posted or advertisements published by any officer or other person having charge of such sale shall include a complete description of each such animal to be sold, including all brands and marks, sex, age, weight, color and kind.


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ê1961 Statutes of Nevada, Page 547 (Chapter 304, AB 194)ê

 

animals] livestock as prescribed by law, all notices posted or advertisements published by any officer or other person having charge of such sale shall include a complete description of each such animal to be sold, including all brands and marks, sex, age, weight, color and kind.

      Sec. 189.  NRS 569.040 is hereby amended to read as follows:

      569.040  It is unlawful for any person, corporation or company, or their or either of their employees or agents, other than an authorized agent of the [board,] department, to take up any estray and retain possession of the same except as provided in NRS [569.030] 569.040 to 569.130, inclusive.

      Sec. 190.  NRS 569.050 is hereby amended to read as follows:

      569.050  [1.  No person shall take up an estray except in the county where he resides and is a freeholder, or unless the same is found in the vicinity of his residence.

      2.]When any person takes up an estray, he shall, within 5 days thereafter, make out a written description of such animal, setting forth all marks or brands appearing upon such animal, and other marks of identity, such as color, age and sex, and forward the same by mail to the [board] department at its office.

      Sec. 191.  NRS 569.060 is hereby amended to read as follows:

      569.060  1.  Upon receiving notice of the taking up of an estray the [board,] department, or its duly authorized agent, shall make or cause to be made an examination of the state brand records.

      2.  If from the records the name of the owner or probable owner can be determined, the [board,] department, or its duly authorized agent, shall forthwith notify him of the taking up of such estray or estrays.

      3.  Upon the owner’s proving to the satisfaction of the [board] department that the estray animal or animals are lawfully his, the [board] department shall issue to him an order to receive the same upon the payment of any damages allowed by law and any reasonable charges which may have been incurred in the care of the animal or animals so taken up. No charge of more than $1.50 per day per head shall be made or allowed for the care of any such estray.

      4.  Upon receipt of a notice of the taking up of such an estray, the [board,] department, or its duly authorized agent, may require a closer examination of the brands and marks, as set forth in the notice, and may require a state inspector to examine the same before advertising.

      Sec. 192.  NRS 569.070 is hereby amended to read as follows:

      569.070  1.  Where the owner or probable owner of estrays taken up as provided in NRS [569.030] 569.040 to 569.130, inclusive, cannot with reasonable diligence be determined by the [board] department or its duly authorized agent, the [board] department is authorized, subject to the provisions of subsection 2, to advertise or cause to be advertised such estrays in such manner and form and at such times as it sees fit.

      2.  A notice of such estray or estrays, with a full description of the same, giving brands, marks and colors thereon, shall be published once a week for 2 consecutive weeks in a newspaper published at the county seat of the county in which the estray or estrays is or are taken up in accordance with the provisions of NRS [569.030] 569.040 to 569.130, inclusive.


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ê1961 Statutes of Nevada, Page 548 (Chapter 304, AB 194)ê

 

same, giving brands, marks and colors thereon, shall be published once a week for 2 consecutive weeks in a newspaper published at the county seat of the county in which the estray or estrays is or are taken up in accordance with the provisions of NRS [569.030] 569.040 to 569.130, inclusive. If there is no newspaper published at the county seat of such county, then the notice shall be advertised as provided herein in the newspaper published at the nearest point to such county.

      3.  Expenses incurred in carrying out the provision of this section shall be met from the [stock] livestock inspection fund.

      Sec. 193.  NRS 569.080 is hereby amended to read as follows:

      569.080  1.  If an estray animal is not claimed within 10 days after the last publication of the advertisement as provided for in NRS 569.070, it shall be sold by the [sheriff, or other person acting as agent of the board, in such manner as the board may direct.] department.

      2.  The [person making such sale] department shall give a bill of sale to the purchaser. [from the board, signed by himself as agent of the board.]

      Sec. 194.  NRS 569.090 is hereby amended to read as follows:

      569.090  1.  [The person making the sake of such estray or estrays shall promptly return the proceeds of such sale to the board. The board] The department shall pay, or cause to be paid, the expenses incurred in taking up, holding, advertising and selling such estray or estrays, and any damages for trespass allowed pursuant to NRS 569.440, and shall place the balance in the [estray] agriculture working capital fund of the [board.] department. The [board] department shall make a full and complete record of all such transactions, including the marks and brands and other means of identification of an estray or estrays, which record shall be open to the inspection of the public.

      2.  Should the lawful owner of any such estray or estrays sold as provided in this section be found within 1 year after the sale of such estray or estrays, the net amount received from the disposal of such estray or estrays shall be paid to the owner upon his proving ownership to the satisfaction of the [board.] department. If, at the end of 1 year from the date of sale of such estray or estrays, the proceeds from such sale or sales remain unclaimed, such proceeds shall be deposited in the [stock] livestock inspection fund.

      3.  In all cases of claims pending after the expiration of 1 year from the date of sale, and denied, such proceeds shall be deposited in the [stock] livestock inspection fund promptly after denial of such claims.

      Sec. 195.  NRS 569.100 is hereby amended to read as follows:

      569.100  1.  Upon taking up any estray [bovine animal, horse or mule,] as provided for in NRS [569.030] 569.040 to 569.130, inclusive, the taker-up shall be entitled to hold the same lawfully until relieved of custody by the [board.] department.

      2.  No person shall be permitted to use or cause to be used, for profit or otherwise, any such estray in his keeping under the provisions of NRS [569.030] 569.040 to 569.130, inclusive. A violation of this subsection shall be deemed grand larceny or petit larceny, according to the value of such estray.


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ê1961 Statutes of Nevada, Page 549 (Chapter 304, AB 194)ê

 

subsection shall be deemed grand larceny or petit larceny, according to the value of such estray.

      3.  Any person taking, leading or driving any such estrays away from the possession of the lawful holder, as specified in NRS [569.030] 569.040 to 569.130, inclusive, except as herein provided for, shall be subject to all the penalties under the law, whether he is the claimant of such estray or not.

      Sec. 196.  NRS 569.110 is hereby amended to read as follows:

      569.110  If any such estray or estrays, after having been taken up in accordance with the provisions of NRS [569.030] 569.040 to 569.130, inclusive, escape or are removed from the custody of the taker-up before being disposed of under the provisions of NRS [569.030] 569.040 to 569.130, inclusive, then such taker-up shall have the legal right to recover the same wherever found, to be held by such taker-up until disposed of as provided for in NRS [569.030] 569.040 to 569.130, inclusive.

      Sec. 197.  NRS 569.120 is hereby amended to read as follows:

      569.120  Estrays may be taken up by duly authorized agents of the [board.] department. Procedure for disposing of such estrays shall follow the provisions of NRS [569.030] 569.040 to 569.130, inclusive.

      Sec. 198.  569.130 is hereby amended to read as follows:

      569.130  Any person, firm, company, association or corporation who takes up or retains in his or its possession any estray not his or its property, without the owner’s consent, or except in accordance with the provisions of NRS [569.030] 569.040 to 569.130, inclusive, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not more than $100, or by imprisonment in the county jail not exceeding 60 days, or by both fine and imprisonment.]

      Sec. 199.  NRS 569.440 is hereby amended to read as follows:

      569.440  1.  If any [horse, mule, jack, jenny, hog, sheep, goat or any head of neat cattle] livestock shall break into any grounds enclosed by a lawful fence, the owner or manager of such [animals] livestock shall be liable to the owner of such enclosed premises for all damages sustained by such trespass. If the trespass is repeated by neglect of the owner or manager of such animals, he shall, for the second and every subsequent offense or trespass, be subject to double the damages of such trespass to the owner of the premises.

      2.  If any owner or occupier of any grounds or crops trespassed upon by [animals] livestock entering upon or breaking into his grounds, whether enclosed by a lawful fence or not, shall kill, maim or materially injure the [animal or animals] livestock so trespassing, he shall be liable to the owner of such [stock] livestock for all damages, and for the costs accruing from a suit for such damages, when necessarily resorted to for their recovery.

      3.  The owner or occupier of such grounds or crops so damaged and trespassed upon may take up and safely keep, at the expense of the owner or owners thereof, after due notice to the owners, if known, such [animals,] livestock, or so many of them as may be necessary to cover the damages he may have sustained, for 10 days, and if not applied for by the proper owner or owners before the expiration of 10 days, the same may be posted under the estray laws of the state, and before restitution shall be had by the owner or owners of such [animals,] livestock, all damages done by them, as well also as the expense of posting and keeping them, shall be paid.


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ê1961 Statutes of Nevada, Page 550 (Chapter 304, AB 194)ê

 

applied for by the proper owner or owners before the expiration of 10 days, the same may be posted under the estray laws of the state, and before restitution shall be had by the owner or owners of such [animals,] livestock, all damages done by them, as well also as the expense of posting and keeping them, shall be paid. Any justice of the peace in the township shall have jurisdiction of all such reclamation of [animals,] livestock, together with the damages, and expense of keeping and posting the same, when the amount claimed does not exceed $100.

      4.  When two or more persons shall cultivate lands under one enclosure, neither of them shall place or cause to be placed any [animal] livestock on his ground, to the injury or damage of the other or others, but shall be liable for all damages thus sustained by the other or others. If repeated, after due notice is given, and for every subsequent repetition, double damages shall be recoverable in any court having jurisdiction.

      Sec. 200.  NRS 569.450 is hereby amended to read as follows:

      569.450  1.  No person, firm or corporation shall be entitled to collect damages, and no court in this state shall award damages, for any trespass of livestock on cultivated land in the state if such land, at the time of such trespass, shall not have been enclosed by a legal fence as defined in [subsections 2 and 3.] subsection 2.

      2.  A legal fence is defined for the purposes of this section as a fence with not less than four horizontal barriers, consisting of wires, boards, poles or other fence material in common use in the neighborhood, with posts set not more than 20 feet apart. The lower barrier shall be not more than 12 inches from the ground and the space between any two barriers shall be not more than 12 inches and the height of top barrier must be at least 48 inches above the ground. Every post shall be so set as to withstand a horizontal strain of 250 pounds at a point 4 feet from the ground, and each barrier shall be capable of withstanding a horizontal strain of 250 pounds at any point midway between the posts.

      [3.  The board of county commissioners of any county may, by county ordinance, modify the provisions of subsection 2 so as to suit the local conditions in the respective counties or any district therein.]

      Sec. 201.  NRS 573.010 is hereby amended to read as follows:

      573.010  As used in this chapter:

      1.  [“Board” means the state board of stock commissioners.

      2.] “Consignor” means any person consigning, shipping or delivering livestock to a public livestock auction for sale, resale or exchange.

      2.   “Department” means the state department of agriculture.

      3.  “Livestock” means cattle, sheep, goats, horses, mules, asses, [hogs] burros, swine or poultry.

      4.  “Operator of a public livestock auction” means any person holding, conducting or carrying on a public livestock auction.

      5.  “Person” means any individual, firm or corporation.

      6.  “Public livestock auction” means any sale or exchange of livestock held by any person at an established place of business or premises where the livestock is assembled for sale or exchange, and is exchanged or sold at auction or upon a commission basis at regular or irregular intervals.


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ê1961 Statutes of Nevada, Page 551 (Chapter 304, AB 194)ê

 

or sold at auction or upon a commission basis at regular or irregular intervals.

      Sec. 202.  NRS 573.020 is hereby amended to read as follows:

      573.020  1.  [After July 1, 1947, no] No person shall hold, operate, conduct or carry on a public livestock auction in this state without first securing a license therefor from the [board.] department.

      2. The application for a license shall be on forms prescribed and furnished by the [board] department and shall set forth:

      (a) The name of the operator of the public livestock auction.

      (b) The location of the establishment or premises where the public livestock auction is to be conducted.

      (c) The type or kinds of livestock to be handled, sold or exchanged.

      (d) A description of the facilities to be used in conducting the public livestock auction.

      (e) The weekly or monthly sales day or days on which the applicant proposes to operate his public livestock auction.

      (f) Such other information as the [board] department reasonably may require.

      3.  The application shall be accompanied by a bond and the required fee as provided in NRS 573.030 and 573.040.

      Sec. 203.  NRS 573.030 is hereby amended to read as follows:

      573.030  1.  [Each applicant for a license to operate and conduct a public livestock auction shall file a corporate bond with the board.

      2.  The bond shall be in the principal amount of $5,000; but if the board is of the opinion that the volume of business and the nature of the operation of any public livestock auction is such as to render a bond of $5,000 inadequate, then the board, after reasonable notice to the operator of such public livestock auction, may require that the bond be increased to an amount fixed by the board not to exceed $100,000. The amount fixed by the board shall not be in excess of the average gross receipts for livestock sold through such public livestock auction at the several sales held during the preceding 12 months, or during the period for which the public livestock auction has been operated if it has been operated for less than 12 months, and shall not in any case be more than $100,000. The bond shall be conditioned for the prompt remittance to consignors of the proceeds from any sale or exchange of livestock.

      3.  The board may also require from the operator of any public livestock auction a bond in any reasonable amount, not less than $5,000 nor more than $100,000, for the protection of purchasers of livestock from any such operator for good title to such purchased livestock.

      4.  Such bonds shall be in a form and with sureties satisfactory to the board, and shall provide that they may not be canceled without 10 days’ notice in writing to the board. Such bonds shall be for the use and benefit of any consignor or purchaser suffering loss or damage by breach of the conditions thereof, and any such consignor or purchaser may bring an action for recovery thereon.


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ê1961 Statutes of Nevada, Page 552 (Chapter 304, AB 194)ê

 

      5.]The department may require reasonable bonds from the operator of a public livestock auction in such amounts and conditioned as the department deems necessary or proper for the protection of all persons consigning livestock to or purchasing livestock from such auctions. The procuring and filing of such bonds shall be in accordance with the rules and regulations promulgated by the department.

      2.  In lieu of the bonds provided for in [subsections 1 to 4, inclusive,] subsection 1, the operator of a public livestock auction may deliver to the [board] department the original of a bond required by 7 U.S.C. sec. 204 and the regulations promulgated thereunder in favor of the executive director of the [division of animal industry,] department, who shall act as trustee of such bond.

      [6.]3.  In lieu of filing a bond, the operator of a public livestock auction may deliver to the [board] department the receipt of a duly authorized bank or trust company in this state showing the deposit with such bank or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond, such cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond. Any receipt shall be accompanied by evidence that there are no unsatisfied judgements against the operator of such public livestock auction of record in the county where the operator resides. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of this section.

      4.  Any person having a claim against any operator of a public livestock auction shall commence legal action on the bond, or the money or securities deposited in lieu of a bond, for recovery of the amount claimed to be due within 1 year from the date the claim shall have accrued.

      5.  If any licensed operator of a public livestock auction for any reason ceases to operate such auction, the amount of money or securities deposited in lieu of a bond shall be retained by the department for 1 year. If after the expiration of 1 year from the cessation of such operation, no legal action has been commenced to recover against such money or securities, the amount thereof shall be delivered to the owner thereof. If a legal action has been commenced within such time, all such money and securities shall be held by the department subject to the order of the district court.

      Sec. 204.  NRS 573.040 is hereby amended to read as follows:

      573.040  [1.] The fee for a license to operate a public livestock auction shall be $100 per year.

      [2.  Any license fees or other fees collected under the provisions of this chapter shall be deposited in the stock inspection fund in the state treasury.]

      Sec. 205.  NRS 573.050 is hereby amended to read as follows:

      573.050  Upon receipt of an application for a license under this chapter, accompanied by the required bond and license fee, the [board] department shall examine the same, and if the [board] department finds the application to be in proper form and that the applicant has otherwise complied with this chapter, the [board] department shall grant the license as applied for, subject to the provisions of this chapter.


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ê1961 Statutes of Nevada, Page 553 (Chapter 304, AB 194)ê

 

finds the application to be in proper form and that the applicant has otherwise complied with this chapter, the [board] department shall grant the license as applied for, subject to the provisions of this chapter.

      Sec. 206.  NRS 573.070 is hereby amended to read as follows:

      573.070  Licenses shall be in such form as the [board] department may prescribe, [shall be under the seal of the board,] and shall set forth:

      1.  The name and address of the operator of the public livestock auction.

      2.  The location of the establishment or premises licensed.

      3.  The kinds of livestock to be sold, exchanged or handled.

      4.  The period of the license.

      5.  The weekly or monthly sales day or days.

      6.  Such other information as the [board] department may determine.

      Sec. 207.  NRS 573.100 is hereby amended to read as follows:

      573.100  1.  The [board] department may decline to grant or to renew a license or may suspend or revoke a license already granted if, after due notice and hearing, the [board] department finds:

      (a) That the licensee has violated any provision of this chapter, or any rule, order or regulation issued thereunder;

      (b) That the licensee has knowingly received on consignment, or sold or exchanged, stolen livestock or mortgaged livestock without authority from the owner or mortgagee;

      (c) That the licensee has been guilty of fraud or deception in any material particular in securing the license;

      (d) That the licensee has failed to keep records as required by this chapter;

      (e) That the licensee has failed to practice measures of sanitation as required by this chapter, or has violated the rules and regulations, if any, for the yarding, housing, holding and feeding of livestock; or

      (f) That the licensee, in the case of livestock weighed on the licensee’s scales and sold by weight, has knowingly quoted incorrect weights, or has failed to have his scales regularly inspected and tested.

      2.  In the case of any hearing held under the provisions of this section, there shall be filed in the office of the [board] department a memorandum stating briefly the reasons of the [board] department for the denial, suspension or revocation of the license, but formal findings of fact shall not be required to be made or filed.

      Sec. 208.  NRS 573.110 is hereby amended to read as follows:

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

      (a) The name and address of the consignor.

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

      (c) The name and address of the purchaser of the livestock.


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ê1961 Statutes of Nevada, Page 554 (Chapter 304, AB 194)ê

 

      2.  Such records shall be kept by the operator of a public livestock auction at the establishment or premises where the sale is held and conducted, or such other convenient place as may be approved by the [board.] department.

      3.  Such records shall be open for inspection by all peace officers of this state at all reasonable times, and shall be retained and preserved for a period of at least 2 years.

      Sec. 209.  NRS 573.120 is hereby amended to read as follows:

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

      (a) The name and address of the person from whom received.

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

      2.  If any livestock bought or received as provided in subsection 1 is disposed of other than by slaughter, a record shall be kept of such disposal, including the description as provided in subsection 1 and the name and address of the person receiving the same.

      3.  The records provided for in this section shall be retained and preserved for at least 2 years and shall be open for inspection by any peace officer or representative of the [board] department at all reasonable times.

      Sec. 210.  NRS 573.125 is hereby amended to read as follows:

      573.125  1.  Each operator of a livestock auction shall issue to each purchaser of livestock a receipt on a form approved by the [board,] department, and such receipt shall contain:

      [1.](a) The name and address of the purchaser of the livestock.

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

      2.  A copy of the receipt shall be forwarded to the department within 7 days after the sale.

      Sec. 211.  NRS 573.130  is hereby amended to read as follows:

      573.130  1.  No livestock under quarantine on account of any contagious, infectious or communicable disease shall be consigned to or sold through any public livestock auction.

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

      3.  The department may require such testing, treating and examining of livestock sold, traded, exchanged or handled at or through public livestock auctions as in its judgement may be necessary to prevent the spread of infectious, contagious or parasitic diseases among the livestock of this state.


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ê1961 Statutes of Nevada, Page 555 (Chapter 304, AB 194)ê

 

      4.  The department may require operators of public livestock auctions to reimburse the department for actual expenses or any part thereof incurred in testing, treating and examining livestock sold, traded, exchanged or handled at or through such auctions.

      Sec. 212.  NRS 573.140 is hereby amended to read as follows:

      573.140  1.  The yards, pens and premises where livestock is held or handled shall be regularly cleaned and disinfected for the purpose of preventing infectious, contagious [and communicable animal] or parasitic livestock diseases.

      2.  If livestock is held on the premises for more than 10 hours, then facilities for feeding and watering the livestock so held shall be provided.

      Sec. 213.  NRS 573.160 is hereby amended to read as follows:

      573.160  For the purpose of carrying out the provisions of this chapter and making inspections thereunder, the [board] department or any duly authorized representative thereof shall have the right to enter the establishment or premises where any public livestock auction is held and to inspect the records thereof at all reasonable times.

      Sec. 214.  NRS 573.170 is hereby amended to read as follows:

      573.170  [The board may make reasonable rules and regulations for carrying out the provisions of this chapter.]

      1.  The operator of a public livestock auction may apply to the department for a change of the weekly or monthly sales day or days specified in his license. Such application shall be subject to a hearing and approval by the executive director of the department.

      2.  No special sale shall be conducted by the operator of a public livestock auction unless he has applied to the department in writing 15 days prior to such proposed sale, and such sale date shall be approved at the discretion of the executive director of the department.

      Sec. 215.  NRS 573.190 is hereby amended to read as follows:

      573.190  1.  Any person who shall operate a public livestock auction without a license, as required by this chapter, or who shall violate any of the provisions of this chapter or of any rules or regulations lawfully issued under the provisions of this chapter, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $300.]

      2.  Each day in which livestock is sold or exchanged at any public livestock auction shall constitute a separate offense.

      Sec. 216.  NRS 575.050 is hereby amended to read as follows:

      575.050  1.  The governor is authorized to enter into agreements with the United States, its departments or agencies, respecting the granting and extending of financial aid, or any other form of benefits, to the states for the benefit of persons, firms or corporations engaged in the livestock industry.

      2.  Before any such agreement is entered into, the governor, after diligent inquiry, shall determine by proclamation that such an emergency exists as in the interests of the livestock industry of the state warrants a request for federal aid, money or such other type of benefit as may be available.


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ê1961 Statutes of Nevada, Page 556 (Chapter 304, AB 194)ê

 

as may be available. From and after the issuing of such proclamation, the governor may match such available federal funds, or benefits, from the [unexpended and unappropriated moneys in the general fund of the state treasury,] livestock aid fund, not to exceed the total sum of $30,000.

      3.  There is hereby created in the state treasury a fund to be known as the livestock aid fund. Moneys for the livestock aid fund shall be provided by direct legislative appropriation, and shall be used only for the purpose of carrying out the provisions of this section.

      4.  The governor, or such commission, department or agency of the State of Nevada as he may designate and entrust with the disbursement of the moneys or benefits made available, shall have the authority to adopt such rules and regulations as may be necessary for the proper administration thereof, and if the benefits are in the form of money each expenditure from the fund shall be approved by the state board of examiners in the manner provided generally for the payment of claims against the state.

      [4.] 5.  The State of Nevada, by and through the acts of its governor, in accepting the agreements entered into, shall be bound and obligated to perform the agreements fully as to all the terms thereof for the duration of the agreements.

      [5.] 6.  The governor, or any commission, department or agency he may designate, is specifically empowered and authorized to enter into and perform such agreements, notwithstanding the limits or provisions of any law to the contrary, and any part or parts of such law or laws inconsistent with the powers herein granted are hereby declared not applicable insofar as they are inconsistent with this section.

      Sec. 217.  NRS 575.060 is hereby amended to read as follows:

      575.060  1.  As used in this section, unless the context requires otherwise, [“board” means the state board of stock commissioners.] “department” means the state department of agriculture.

      2.  Any cattle, horses or mules found by the [board] department or an authorized representative of the [board] department to be in the possession of any person who does not have satisfactory evidence of the ownership or right to possession thereof may be impounded by the [board] department or such representative without liability at the expense of the owner, until the ownership of such animal or animals is established.

      3.  After the expiration of 10 days from the date such animal or animals are impounded, if the [board] department cannot with reasonable diligence determine the lawful owner thereof, such animal or animals may be sold by the [board] department in the manner provided in chapter 569 of NRS. All expenses incurred by the [board] department in the keeping of such animal or animals and in the sale thereof shall be paid out of the proceeds of such sale.

      4.  Except as provided in subsection 5, the net proceeds of any such sale shall be held for a period of 1 year, subject to the claim of any person who can establish legal title to any animal concerned. All moneys remaining unclaimed shall be deposited in the [stock] livestock inspection fund after the period of 1 year.


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ê1961 Statutes of Nevada, Page 557 (Chapter 304, AB 194)ê

 

inspection fund after the period of 1 year. The [board] department may disallow all claims if it deems the claims illegal or if satisfactory evidence of title is not shown.

      5.  If such animal or animals are consigned to a public livestock market for sale at such market, the proceeds of such sale shall be kept by the [board,] department, or, if the [board] department deems it advisable, by such public livestock market, for a period of 30 days, to permit the consignor to prove his legal ownership or his right to sell such animal or animals. If such consignor is unable to prove his ownership to or his right to sell such animal or animals, such proceeds shall be disposed of as provided in subsection 4.

      Sec. 218.  NRS 576.010 is hereby amended to read as follows:

      576.010  As used in this chapter unless the context clearly requires otherwise:

      1.  “Agent” means any person who, on behalf of any commission merchant, or dealer, or broker or cash buyer, receives, contracts for or solicits the sale, exchange or transfer of farm products or livestock from a producer thereof, or who negotiates the consignment or purchase of any farm product or livestock on behalf of any commission merchant, dealer, broker or cash buyer.

      2.  [“Board” means the state board of stock commissioners.

      3.]“Broker” means any person other than a dealer, commission merchant or cash buyer who negotiates the purchase or sale of any farm product [.] and who does not handle either the farm product involved or the proceeds of a sale.

      [4.] 3.  “Cash buyer” means any person other than a commission merchant or dealer or broker who purchases or offers to purchase any farm products or livestock for the purpose of processing or resale and who pays for such farm products or livestock in lawful money of the United States or by certified check at the time of purchase or delivery thereof, or at the time the price of such farm products or livestock may be determined, if the price or value thereof is subject to determination by inspection, grade or pack out.

      [5.]4.  “Commission merchant” means any person other than a dealer, or broker, or cash buyer, who shall receive on consignment or solicit from the producer thereof for the purpose of resale, or who shall sell or offer for sale on commission any farm product or livestock, or who shall in any way handle for the account of, or as an agent of, the producer thereof on a commission basis any farm products or livestock.

      [6.]5.  “Dealer” means any person other than a commission merchant or broker or cash buyer who solicits, contracts for or obtains from the producer thereof title, possession or control of any farm product or livestock, or who buys or agrees to buy any farm product or livestock from the producer thereof.

      6.  “Department” means the state department of agriculture.

      7.  “Farm products” includes all agricultural, horticultural, viticultural and vegetable products of the soil, poultry and poultry products, livestock and livestock products and hay, but not timber products, or milk and milk products.


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ê1961 Statutes of Nevada, Page 558 (Chapter 304, AB 194)ê

 

      8.  “Fixed and established place of business” means any warehouse, building, storeroom or stockyard, either owned or leased, at which the owner conducts a legitimate permanent business in good faith, and at which stocks of farm products or livestock are kept in quantities usually carried and reasonably adequate to meet the requirements of the business therein conducted.

      9.  “Immediate resale” means a sale of farm products or livestock made within 60 days of the purchase thereof.

      10.  “Livestock” includes all kinds and ages, and both sexes, singular and plural, of the bovine and equine species and sheep, goats and hogs.

      11.  “Person” means any individual, partnership, firm, corporation or association.

      Sec. 219.  NRS 576.020 is hereby amended to read as follows:

      576.020  [After July 1, 1960, no] No person shall act as a dealer, broker or commission merchant dealing in farm products or livestock with the producer thereof without first securing a license from the [board.] department. A person doing business solely as a “cash buyer” as that term is defined in NRS 576.010 shall register with the [board] department and be licensed only as a cash buyer, and pay such fee as the [board] department shall require.

      Sec. 220.  NRS 576.030 is hereby amended to read as follows:

      576.030  An application for a license as a dealer, broker or commission merchant shall be on forms prescribed and furnished by the [board] department and shall set forth the applicant’s name, present address, addresses for the preceding 3 years, the county or counties in which the applicant proposes to engage in business, and the nature of the business, and such other information as the [board] department may reasonably require.

      Sec. 221.  NRS 576.040 is hereby amended to read as follows:

      576.040  1.  Each applicant to whom a license to act as a dealer, broker or commission merchant is issued shall file a bond of a surety company authorized to do business in this state or a bond with individual sureties owning unencumbered real property within this state subject to execution and worth, above all exemptions, double the amount of the bond. The bond shall be in the form prescribed by, and to the satisfaction of, the [board,] department, conditioned for the payment of a judgement or judgements against the applicant furnishing the bond and arising out of the failure of the applicant or his agent to conduct his business in accordance with the provisions of this chapter, or for nonpayment of obligations in connection with the purchase and sale of livestock or farm products.

      2.  In lieu of filing a bond, the dealer, broker or commission merchant may deliver to the [board] department the receipt of a duly authorized bank or trust company in this state showing the deposit with such bank or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond, such cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond.


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ê1961 Statutes of Nevada, Page 559 (Chapter 304, AB 194)ê

 

a bond. Any receipt shall be accompanied by evidence that there are no unsatisfied judgements against the dealer, broker or commission merchant of record in the county or counties in which the dealer, broker or commission merchant is doing business or wherein he resides. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of this section.

      3.  The amount of such bond or deposit shall be $5,000.

      4.  All bonds shall be renewed [prior to the expiration date thereof.] or continued in accordance with rules and regulations promulgated by the department.

      5.  Any person injured by any violation of the provisions of this chapter, or by any misrepresentations or fraud on the part of any licensed dealer, broker or commission merchant, may maintain a civil action against such dealer, broker or commission merchant and the surety or sureties on the bonds, or either of them.

      6.  Any person having a claim against any dealer, broker or commission merchant shall commence legal action on the bond, or the money or sureties deposited in lieu of a bond, for recovery of the amount claimed to be due within 1 year from the date the claim shall have accrued.

      7.  If any licensed dealer, broker or commission merchant for any reason ceases to operate as such, the amount of money or securities deposited in lieu of a bond shall be retained by the department for 1 year. If after the expiration of 1 year from the cessation of such operation, no legal action has been commenced to recover against such money or sureties, the amount thereof shall be delivered to the owner thereof. If a legal action has been commenced within such time, all such money and securities shall be held by the department subject to the order of the district court.

      Sec. 222.  NRS 576.050 is hereby amended to read as follows:

      576.050  Each applicant shall pay to the [board] department an annual license fee of $40.

      Sec. 223.  NRS 576.060 is hereby amended to read as follows:

      576.060  Upon receipt of an application for a license, accompanied by the required bond and license fee, the [board] department shall examine the same and, subject to the provisions of NRS 576.120, the [board] department shall grant the license as applied for.

      Sec. 224.  NRS 576.080 is hereby amended to read as follows:

      576.080  Licenses shall be in such from as the [board] department may prescribe, shall be under the seal of the [board] department and shall set forth:

      1.  The name and address of the dealer, broker or commission merchant.

      2.  The period of the license.

      3.  Such other information as the [board] department reasonably may require.

      Sec. 225.  NRS 576.100 is hereby amended to read as follows:

      576.100  No agent may act for any dealer, broker or commission merchant unless such dealer, broker or commission merchant is licensed and has designated the agent to act in his behalf and notified the [board] department in writing of the appointment of such agent.


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ê1961 Statutes of Nevada, Page 560 (Chapter 304, AB 194)ê

 

merchant unless such dealer, broker or commission merchant is licensed and has designated the agent to act in his behalf and notified the [board] department in writing of the appointment of such agent. The dealer, broker or commission merchant is accountable and responsible for contracts made by his agents.

      Sec. 226.  NRS 576.110 is hereby amended to read as follows:

      576.110  1.  The [board] department on its own motion may, or upon the verified complaint of any interested party shall, investigate, examine or inspect any transaction involving solicitation, receipt, sale or attempted sale of farm products by any person or persons acting or assuming to act as a dealer, agent, commission merchant or broker, the intentional making of false statements as to condition and quantity of any farm products received or in storage, the intentional making of false statements as to market conditions, the failure to make payment for farm products within the time required by this chapter, and all other injurious transactions.

      2.  In furtherance of any such investigation, examination or inspection, the [board] department or any authorized representative may examine that portion of the ledgers, books, accounts, memoranda and other documents, farm products, scales, measures and other articles and things used in connection with the business of such person relating to the transaction involved.

      Sec. 227.  NRS 576.120 is hereby amended to read as follows:

      576.120  1.  The [board] department may refuse to grant or renew a license or may suspend or revoke a license already granted if, after due notice and hearing, the [board] department is satisfied of the existence of any of the following facts, the existence of which is hereby declared to be a violation of this chapter:

      (a) That the applicant, or licensee, has intentionally made any false or misleading statement as to the conditions of the market for any farm products.

      (b) That the applicant, or licensee, has made fictitious sales or has been guilty of collusion to defraud the producer.

      (c) That the licensee was intentionally guilty of fraud or deception in the procurement of such license.

      (d) That the applicant or licensee has in the handling of any farm products been guilty of fraud, deceit, or willful negligence.

      (e) That the licensee, without reasonable cause, has failed or refused to execute or carry out a lawful contract with a producer.

      2.  In the case of any hearing held under the provisions of this section, there shall be filed in the office of the [board] department a memorandum stating briefly the reasons of the [board] department for the denial, suspension or revocation of the license, but formal findings of fact need to be made or filed.

      Sec. 228.  NRS 576.140 is hereby amended to read as follows:

      576.140  The chapter shall not apply to:

      1.  The Nevada Fair of Mineral Industries, 4-H clubs, the Nevada junior livestock show, the Nevada state livestock show, the Nevada Hereford Association, or any other organization or association which is entirely nonprofit in character.


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ê1961 Statutes of Nevada, Page 561 (Chapter 304, AB 194)ê

 

Hereford Association, or any other organization or association which is entirely nonprofit in character.

      2.  Any railroad transporting livestock either interstate or intrastate.

      3.  Any farmer or rancher purchasing or receiving livestock for grazing, pasturing or feeding on his premises within the State of Nevada and not for immediate resale.

      4.  Operators of public livestock auctions as defined in NRS 573.010, and all buyers of livestock at such auctions at which the public livestock auction licensee does not control title or ownership to the livestock being sold or purchased at such auctions, and any person buying for interstate shipments only, and subject to and operating under a bond required by the United States pursuant to the provisions of the Packers and Stockyards Act (7 U.S.C. § 204) and the regulations promulgated thereunder. All persons exempted by the provisions of this subsection shall register annually with the [board,] department, giving the location of their place of business, the number of their license and bond and the expiration date thereof. The [board] department may charge a fee sufficient to defray the expense incident to such registration.

      5.  Any farmer or rancher whose farm or ranch is located in the State of Nevada, who buys or receives farm products or livestock from another farmer or rancher not for immediate resale.

      6.  Any retail merchant having a fixed and established place of business in this state and who conducts a retail business exclusively.

      Sec. 229.  NRS 581.010 is hereby amended to read as follows:

      581.010  As used in this chapter, “package” and “container” shall include any closed carton, box, barrel, bag, keg, drum, bundle, jar, crock, demijohn, bottle, crate, basket, hamper, pail, can, parcel, package, or paper wrapper.

      Sec. 230.  NRS 581.030 is hereby amended to read as follows:

      581.030  The executive [officer of the state board of stock commissioners] director of the state department of agriculture is hereby designated and constituted ex officio state sealer of weights and measures, and is charged with the proper enforcement of the provisions of this chapter.

      Sec. 231.  NRS 581.060 is hereby amended to read as follows:

      581.060  The state sealer of weights and measures shall keep a record of all weights, measures, balances or other devices calibrated or tested as provided for in this chapter. [, and such record or any parts thereof shall be included in the biennial report which the state sealer of weights and measures is hereby authorized and directed to make to the state board of stock commissioners.]

      Sec. 232.  NRS 581.070 is hereby amended to read as follows:

      581.070  1.  The state sealer of weights and measures shall have the power to, and he shall:

      (a) Inspect, test, try, and ascertain if they are correct, all weights, measures and weighing or measuring devices, kept, offered or exposed for sale, sold, or used or employed in proving the size, quantity, extent, area or measurement of quantities, things, produce or articles for distribution of consumption purchased or offered for sale, hire or award, or in computing any charge for services rendered on the basis of weight or measure, or in determining weight or measure when a charge is made for such determination.


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ê1961 Statutes of Nevada, Page 562 (Chapter 304, AB 194)ê

 

for sale, sold, or used or employed in proving the size, quantity, extent, area or measurement of quantities, things, produce or articles for distribution of consumption purchased or offered for sale, hire or award, or in computing any charge for services rendered on the basis of weight or measure, or in determining weight or measure when a charge is made for such determination.

      (b) From time to time, weigh or measure and inspect packages or amounts of commodities of whatever kind kept for the purpose of sale, offered or exposed for sale, or sold or in the process of delivery, in order to determine whether the same contain the amounts represented, and whether they are offered for sale or sold in a manner in accordance with law.

      (c) At least once each year, or as often as he may deem necessary, see that all weights, measures and weighing or measuring devices used are correct.

      2.  The state sealer of weights and measures, for the purpose mentioned in subsection 1 and in the general performance of his official duties, may enter and go into or upon, without formal warrant, any stand, place, building or premises, or stop any vendor, peddler, junk dealer, driver of any [coal wagon, ice wagon or ] delivery [wagon,] vehicle, or any person whatsoever, and required him, if necessary, to proceed to the nearest authorized place which the state sealer of weights and measures may specify for the purpose of making the proper tests.

      Sec. 233.  NRS 581.300 is hereby amended to read as follows:

      581.300  1.  It shall be unlawful for any person to put up any commodity or article of merchandise into a package or container and sell or offer for sale in this state such commodity or article of merchandise in that form without having such package or container labeled in plain, intelligible English words and figures with a correct statement of the net weight, measure or numerical count of its contents.

      2.  Nothing in this section shall [:

      (a) Prevent] prevent the putting up of commodities or articles of merchandise which have been previously sold by net weight, measure or numerical count into packages or containers for the purpose of delivering or transporting such commodities or articles of merchandise.

      [(b) Apply to packages or containers in which soap in any form is sold or offered for sale.]

      Sec. 234.  NRS 581.390 is hereby amended to read as follows:

      581.390  It shall be unlawful to sell or offer to sell, except for immediate consumption on the premises, any cooked or uncooked fish, shellfish, meat, meat products or dressed poultry in any other manner than by weight.

      Sec. 235.  NRS 581.420 is hereby amended to read as follows:

      581.420  Every person who makes any misrepresentation regarding the weight, amount, measure, quantity, quality or ingredients of any goods, wares or merchandise, or personal property, for the purpose of selling the same, or while selling or offering the same for sale, is guilty of a misdemeanor.


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ê1961 Statutes of Nevada, Page 563 (Chapter 304, AB 194)ê

 

of a misdemeanor. If the value of any goods, wares or merchandise, or personal property sold under such misrepresentation shall exceed [$50,] $1,000, the person so making the misrepresentation is guilty of a gross misdemeanor.

      Sec. 236.  NRS 581.430 is hereby amended to read as follows:

      581.430  Any person who shall hinder or obstruct in any way the state sealer of weights and measures, or his deputies or inspectors, in the performance of his or their official duties shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $20 nor more than $200, or by imprisonment in the county jail for not more than 3 months, or by both fine and imprisonment.]

      Sec. 237.  NRS 581.450 is hereby amended to read as follows:

      581.450  1.  Except as otherwise provided in this chapter, any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $200, or by imprisonment in the county jail not exceeding 60 days, or by both fine and imprisonment.]

      2.  Any person who violates any of the provisions of this chapter shall also be liable in damages to the person injured by his violation in treble the amount of the property wrongfully taken or not given, and $20 in addition thereto, to be recovered in a court of competent jurisdiction.

      3.  The selling and delivery of any commodity or article of merchandise shall be prima facie evidence of the representation on the part of the vendor that the quantity sold and delivered was the quantity bought by the vendee.

      Sec. 238.  NRS 582.060 is hereby amended to read as follows:

      582.060  [Each public weighmaster shall file a bond with the state sealer of weights and measures in the sum of $1,000 for the faithful performance of his duties.] The state sealer of weights and measures may require reasonable bonds from public weighmasters in such amounts and conditioned as the state sealer of weights and measures deems necessary for the faithful performance of their duties. The procuring and filing of such bonds shall be in accordance with rules and regulations promulgated by the state sealer of weights and measures.

      Sec. 239.  NRS 582.080 is hereby amended to read as follows:

      582.080  1.  The state sealer of weights and measures shall prescribe a form of weight certificate to be used by all public weighmasters.

      2.  The certificate shall be known as the state certificate of weights and measures and shall state thereon:

      (a) The kind of product.

      (b) The name of the owner, agent or consignee.

      (c) The total weight of the product.

      (d) The number of units of the product.

      (e) The date of receipt of the product.

      (f) The railroad, [team] conveyance or other means by which the product was received.


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      (g) The trade-mark or other mark thereon.

      (h) Such other information as may be necessary to distinguish or identify the product from a like kind.

      3.  No certificate other than the one prescribed in this section shall be used by public weighmasters.

      Sec. 240.  NRS 582.100 is hereby amended to read as follows:

      582.100  The state sealer of weights and measures [shall make uniform rules for carrying out the provisions of this chapter.] may compile and issue books of weight certificates and may charge reasonable fees therefor, but such fee shall not be less than the cost of compilation, publication and issuance of such books.

      Sec. 241.  NRS 582.180 is hereby amended to read as follows:

      582.180  Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $200, or by imprisonment in the county jail for not more than 30 days, or by both fine and imprisonment.]

      Sec. 242.  NRS 583.010 is hereby amended to read as follows:

      583.010  1.  No person shall bring, expose or offer for sale, or sell in any city or town within the state, for human food, any:

      (a) Blown, meager, diseased or bad meat or game; or

      (b) Unsound, diseased or unwholesome fish.

      2.  No person shall bring, expose or offer for sale, or sell in any city or town within this state, the flesh of any animal which, when killed, was sick or diseased, or that died a natural or accidental death.

      3.  No person shall slaughter, expose for sale or sell, or bring or cause to be brought into any city or town within this state, for human food, any calf unless it is in good, healthy condition and 4 weeks of age.

      4.  Any article or animal that shall be offered or exhibited for sale, in any part of this state, in any market or elsewhere, as though it were intended for sale, shall be deemed offered and exposed for sale, within the intent and meaning of this section.

      5.  Any person who, in violation of the provisions of this section, shall bring, slaughter, expose or offer for sale, or sell in any city or town within this state any article or animal which is unfit or unsafe for human food shall forfeit the same to the authorities.

      6.  Any sheriff, constable, policeman or other peace officer or [any member of the state board of health] the state health officer shall forthwith remove any of the animals or articles named in this section, when aware of the existence thereof, at the expense of the owner thereof, in a manner that will insure safety and protection to the public.

      7.  Any person violating any of the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $20 nor more than $500, or by imprisonment in the county jail for not less than 20 days nor more than 6 months.]

      Sec. 243.  NRS 583.020 is hereby amended to read as follows:

      583.020  Any person who shall knowingly sell any flesh of any diseased animal or any primal cut of meat or any container containing shellfish, if such cut of meat or container does not have an approved stamp authorized by the state department of health, is guilty of a gross misdemeanor.


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diseased animal or any primal cut of meat or any container containing shellfish, if such cut of meat or container does not have an approved stamp authorized by the state department of health, is guilty of a gross misdemeanor.

      Sec. 244.  NRS 583.030 is hereby amended to read as follows:

      583.030  1.  It shall be unlawful for any person, firm or corporation to have in his or its possession, with intent to sell:

      (a) The carcass or part of any carcass of any animal which has died from any cause other than being slaughtered in a sanitary manner; or

      (b) The carcass or part of any carcass of any animal that shows evidence of any disease, or that came from a sick or diseased animal; or

      (c) The carcass or part of the carcass of any calf that was killed before it has attained the age of 4 weeks.

      2.  Any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine or not less than $25 nor more than $150, or by imprisonment in the county jail for not less than 15 days nor more than 90 days, or by both fine and imprisonment.]

      Sec. 245.  NRS 583.040 is hereby amended to read as follows:

      583.040  1.  It shall be unlawful for any person, firm or corporation to sell within this state, or to have within his or its possession with the intent to sell within this state, for human food, the carcass or parts of the carcass of any animal which has been slaughtered, or is prepared, handled or kept under insanitary conditions [.] , or any primal cut of meat which is not stamped with an approved stamp authorized by the state department of health.

      2.  Insanitary conditions shall be deemed to exist [whenever and wherever any one or more of the following conditions are found to appear:

      (a) If the slaughterhouse is dilapidated or in a state of decay.

      (b) If the floor or side walls are soaked with decayed blood or other animal matter.

      (c) If efficient fly screens are not provided.

      (d) If the drainage of the slaughterhouse yard is not efficient.

      (e) If maggots or filthy pools or hog wallows exist in the slaughterhouse yard or under the slaughterhouse floor.

      (f) If the water supply used in connection with the cleaning and preparing of the meat is not pure and uncontaminated.

      (g) If hogs are kept in or about the slaughterhouse or within 250 feet thereof, or fed therein on animal offal.

      (h) If the odors of putrifaction plainly exist in or about the slaughterhouse.

      (i) If carcasses or parts of carcasses are transported from place to place when not covered with clean cloths, or if kept in unclean or bad-smelling refrigerators, or if kept in unclean or foul-smelling storerooms.] in any slaughterhouse that does not comply with the provisions of chapter 446 of NRS.

      3.  Any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $25 nor more than $150, or by imprisonment in the county jail for not less than 15 days nor more than 90 days, or by both fine and imprisonment.]

 


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thereof shall be punished by a fine of not less than $25 nor more than $150, or by imprisonment in the county jail for not less than 15 days nor more than 90 days, or by both fine and imprisonment.]

      Sec. 246.  NRS 583.050 is hereby amended to read as follows:

      583.050  1.  It shall be unlawful for any person to sell the meat of any equine animal without informing the purchaser thereof, at the time of such sale, that the meat is the meat of an equine animal.

      2.  It shall be unlawful for any person peddling the meat of any equine animal, who is not the keeper of any shop or meat market, to sell such meat without having in his possession then and there the hide of such animal containing the brand and other marks thereon, and upon request not to exhibit the hide of such animal containing the brand and other marks thereon.

      3.  Any person violating any of the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $50, or by imprisonment in the county jail for not more than 25 days, or by both fine and imprisonment.]

      Sec. 247.  NRS 583.060 is hereby amended to read as follows:

      583.060  1.  No person shall bring, expose or offer for sale, or sell in any city or town within this state for human food any unsound, diseased or unwholesome fruit, vegetables or other market produce.

      2.  Any article that shall be offered or exhibited for sale, in any part of this state, in any market or elsewhere, as though it were intended for sale, shall be deemed offered and exposed for sale, within the intent and meaning of this section.

      3.  Any person who, in violation of the provisions of this section, shall bring, expose or offer for sale, or sell in any city or town within this state any article which is unfit or unsafe for human food shall forfeit the same to the authorities.

      4.  Any sheriff, constable, policeman or other peace officer or [any member of the state board of health] the state health officer shall forthwith remove any of the articles named in this section, when aware of the existence thereof, at the expense of the owner thereof, in a manner that will insure safety and protection to the public.

      5.  Any person violating any of the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $20 nor more than $500, or by imprisonment in the county jail for not less than 20 days nor more than 6 months.]

      Sec. 248.  NRS 583.070 is hereby amended to read as follows:

      583.070  1.  No person shall bring, expose or offer for sale, or sell in any city or town within this state for human food any blown, meager, diseased or bad poultry.

      2.  Any article that shall be offered or exhibited for sale, in any part of this state, in any market or elsewhere, as though it were intended for sale, shall be deemed offered and exposed for sale, within the intent and meaning of this section.

      3.  Any person who, in violation of the provisions of this section, shall bring, expose or offer for sale, or sell in any city or town within this state any article which is unfit or unsafe for human food shall forfeit the same to the authorities.


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ê1961 Statutes of Nevada, Page 567 (Chapter 304, AB 194)ê

 

shall bring, expose or offer for sale, or sell in any city or town within this state any article which is unfit or unsafe for human food shall forfeit the same to the authorities.

      4.  Any sheriff, constable, policeman or other peace officer or [any member of the state board of health] the state health officer shall forthwith remove any of the articles named in this section, when aware of the existence thereof, at the expense of the owner thereof, in a manner that will insure safety and protection to the public.

      5.  Any person violating any of the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof, shall be punished by a fine of not less than $20 nor more than $500, or by imprisonment in the county jail for not less than 20 days nor more than 6 months.]

      Sec. 249.  NRS 583.080 is hereby amended to read as follows:

      583.080  1.  It shall be unlawful for any person, firm or corporation to have in his or its possession, with intent to sell:

      (a) The carcass or part of any carcass of any fowl which has died from any cause other than being slaughtered in a sanitary manner; or

      (b) The carcass or part of any carcass of any fowl that shows evidence of any disease, or that came from a sick or diseased fowl.

      (c) The carcass or part of any carcass of any fowl not processed in an establishment approved by the state department of health or in accordance with poultry regulations adopted by the state department of health.

      2.  Any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $25 nor more than $150, or by imprisonment in the county jail for not less than 15 days nor more than 90 days, or by both fine and imprisonment.]

      Sec. 250.  NRS 583.210 is hereby amended to read as follows:

      583.210  Any person who violates any of the provisions of NRS 583.110 to 583.200, inclusive, shall be guilty of a misdemeanor. [, and, upon conviction, for the first offense shall be punished by a fine of not less than $10 nor more than $100, and for each subsequent conviction shall be punished by a fine of not less than $25 nor more than $200.]

      Sec. 251.  NRS 586.080 is hereby amended to read as follows:

      586.080  “Economic poison” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects, rodents, fungi, weeds or other forms of plantlife or animal life or viruses, except viruses on or in living man or other animals, which the executive director shall declare to be a pest.

      Sec. 252.  NRS 586.120 is hereby amended to read as follows:

      586.120  “Ingredient statement” means either:

      1.  A statement of the name and amount by percentage or weight of each active ingredient, together with the total amount by percentage or weight of the inert ingredients, in the economic poison; or

      2.  A statement of the name of each active ingredient, together with the name of each and total amount by percentage or weight of the inert ingredients, if any there be, in the economic poison (except subsection 1 shall apply if the preparation is highly toxic to man, determined as provided in NRS 586.310); and

 


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ê1961 Statutes of Nevada, Page 568 (Chapter 304, AB 194)ê

 

inert ingredients, if any there be, in the economic poison (except subsection 1 shall apply if the preparation is highly toxic to man, determined as provided in NRS 586.310); and

      3.  In addition to subsections 1 and 2, in case the economic poison contains arsenic in any form, a statement of the percentages or weights of total and water-soluble arsenic, each calculated as elemental arsenic.

      Sec. 253.  NRS 586.230 is hereby amended to read as follows:

      586.230  Jurisdiction in all matters pertaining to the distribution, sale and transportation of economic poisons and devices is by NRS 586.010 to 586.450, inclusive, vested exclusively in the executive director.

      Sec. 254.  NRS 586.250 is hereby amended to read as follows:

      586.250  1.  Every economic poison which is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered in the office of the executive director and such registration shall be renewed annually.

      2.  Products which have the same formula and are manufactured by the same person, the labeling of which contains the same claims, and the labels of which bear a designation identifying the product as the same economic poison may be registered as a single economic poison. Additional names and labels shall be added by supplemental statements during the current period of registration.

      Sec. 255.  NRS 586.260 is hereby amended to read as follows:

      586.260  1.  The registrant shall file with the executive director a statement including:

      (a) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant.

      (b) The name of the economic poison.

      (c) A complete copy of the labeling accompanying the economic poison and a statement of all claims to be made for it, including directions for use.

      (d) If requested by the executive director, a full description of the tests made and the results thereof upon which the claims are based.

      2.  In case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the economic poison was registered or last reregistered.

      Sec. 256.  NRS 586.270 is hereby amended to read as follows:

      586.270  [1.] The registrant shall pay an annual fee of $10 for each economic poison registered up to 10 brands and $3 for each additional brand registered.

      [2.  All such fees shall be deposited in the state treasury in the agriculture registration and enforcement fund, and shall be used as provided in NRS 561.347.]

      Sec. 257.  NRS 586.280 is hereby amended to read as follows:

      586.280  1.  Whenever the executive director deems it necessary in the administration of NRS 586.010 to 586.450, inclusive, he may require the submission of the complete formula of any economic poison.


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ê1961 Statutes of Nevada, Page 569 (Chapter 304, AB 194)ê

 

the administration of NRS 586.010 to 586.450, inclusive, he may require the submission of the complete formula of any economic poison.

      2.  If it appears to the executive director that the composition of the article is such as to warrant the proposed claims for it, and if the article and its labeling and other material required to be submitted comply with the requirements of NRS 586.350 to 586.410, inclusive, he shall register the article.

      Sec. 258.  NRS 586.290 is hereby amended to read as follows:

      586.290  1.  If it does not appear to the executive director that the article is such as to warrant the proposed claims for it, or if the article and its labeling and other material required to be submitted do not comply with the provisions of NRS 586.010 to 586.450, inclusive, he shall notify the registrant of the manner in which the article, labeling, or other material required to be submitted fails to comply with NRS 586.010 to 586.450, inclusive, so as to afford him an opportunity to make the necessary corrections.

      2.  If, upon receipt of such notice, the registrant insists that such corrections are not necessary and requests in writing that the article be registered, the executive director shall register the article, under protest, and such registration shall be accompanied by a warning in writing to the registrant of the apparent failure of the article to comply with the provisions of NRS 586.010 to 586.450, inclusive.

      3.  In order to protect the public, the executive director, on his own motion, may at any time cancel the registration of an economic poison and in lieu thereof issue a registration under protest in accordance with the procedure provided for in subsection 2.

      4.  In no event shall registration of an article, whether or not protested, be construed as a defense for the commission of any offense prohibited under NRS 586.350 to 586.410, inclusive.

      Sec. 259.  NRS 586.310 is hereby amended to read as follows:

      586.310  The executive director is authorized, after opportunity for a hearing:

      1.  To declare as a pest any form of plantlife or animal life or virus which is injurious to plants, men, domestic animals, articles or substances.

      2.  To determine whether economic poisons are highly toxic to men.

      3.  To determine standards of coloring or discoloring for economic poisons, and to subject economic poisons to the requirements of NRS 586.380.

      Sec. 260.  NRS 586.330 is hereby amended to read as follows:

      586.330  In order to avoid confusion endangering the public health resulting from diverse requirements, particularly as to the labeling and coloring of economic poisons, and to avoid increased costs to the people of this state due to the necessity of complying with such diverse requirements in the manufacture and sale of such poisons, it is desirable that there should be uniformity between the requirements of the several states and the Federal Government relating to such poisons. To this end the executive director is authorized, after due public hearing, to adopt by regulation such regulations applicable to and in conformity with the primary standards established by NRS 586.010 to 586.450, inclusive, as have been or may be prescribed in the United States Department of Agriculture with respect to economic poisons.


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ê1961 Statutes of Nevada, Page 570 (Chapter 304, AB 194)ê

 

hearing, to adopt by regulation such regulations applicable to and in conformity with the primary standards established by NRS 586.010 to 586.450, inclusive, as have been or may be prescribed in the United States Department of Agriculture with respect to economic poisons.

      Sec. 261.  NRS 586.350 is hereby amended to read as follows:

      586.350  It shall be unlawful for any person to distribute, sell or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any economic poison which has not been registered pursuant to the provisions of NRS 586.250 to 586.300, inclusive, or any economic poison if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition of an economic poison differs from its composition as represented in connection with its registration; but, in the discretion of the executive director, a change in the labeling or formula of an economic poison may be made within a registration period without requiring reregistration of the product.

      Sec. 262.  NRS 586.380 is hereby amended to read as follows:

      586.380  1.  It shall be unlawful for any person to distribute, sell or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state the economic poisons commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate, unless they have been distinctly colored or discolored as provided by regulations issued in accordance with NRS 586.010 to 586.450, inclusive, or any other white powder economic poison which the executive director, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of such coloration or discoloration, shall by regulation required to be distinctly colored or discolored, unless it has been so colored or discolored.

      2.  The executive director may exempt any economic poison to the extent that it is intended for a particular use or uses from the coloring or discoloring required or authorized by this section if he determines that such coloring or discoloring for such use or uses is not necessary for the protection of the public health.

      Sec. 263.  NRS 586.410 is hereby amended to read as follows:

      586.410  It shall be unlawful for any person to use for his own advantage, or to reveal, other than to the executive director or proper officials or employees of the state, or to the courts of this state in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons, for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of NRS 586.280.

      Sec. 264.  NRS 586.420 is hereby amended to read as follows:

      586.420  1.  The penalties provided for violations of NRS 586.350 to 586.390, inclusive, shall not apply to:


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ê1961 Statutes of Nevada, Page 571 (Chapter 304, AB 194)ê

 

      (a) Any carrier while lawfully engaged in transporting an economic poison within this state, if such carrier shall, upon request, permit the director or his designated agent to copy all records showing the transactions in and movement of the articles.

      (b) Public officials of this state and the Federal Government engaged in the performance of their official duties.

      (c) The manufacturer or shipper of an economic poison for experimental use only:

             (1) By or under the supervision of an agency of this state or of the Federal Government authorized by law to conduct research in the field of economic poisons; or

             (2) By others if the economic poison is not sold and if the container thereof is plainly and conspicuously marked “For experimental use only — Not to be sold,” together with the manufacturer’s name and address; but if a written permit has been obtained from the executive director, economic poisons may be sold for experimental purposes subject to such restrictions and conditions as may be set forth in the permit.

      2.  No article shall be deemed in violation of NRS 586.010 to 586.450, inclusive, when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of NRS 586.010 to 586.450, inclusive, shall apply.

      Sec. 265.  NRS 586.430 is hereby amended to read as follows:

      586.430  1.  The examination of economic poisons or devices shall be made under the direction of the executive director for the purpose of determining whether they comply with the requirements of NRS 586.010 to 586.450, inclusive. If it shall appear from such examination that an economic poison or device fails to comply with the provisions of NRS 586.010 to 586.450, inclusive, and the executive director contemplates instituting criminal proceedings against any person, the executive director shall cause appropriate notice to be given to such person. Any person so notified shall be given an opportunity to present his views, either orally or in writing, with regard to such contemplated proceedings, and if thereafter in the opinion of the executive director it shall appear that the provisions of NRS 586.010 to 586.450, inclusive, have been violated by such person, then the executive director shall refer the facts to the district attorney of the county in which the violation shall have occurred with a copy of the results of the analysis or the examination of such article. Nothing in NRS 586.010 to 586.450, inclusive, shall be construed as requiring the executive director to report any act or failure to act for prosecution or for the institution of libel proceedings or to report minor violations of NRS 586.010 to 586.450, inclusive, whenever he believes that the public interest will be best served by a suitable notice of warning in writing.

      2.  Each district attorney to whom any such violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of proper jurisdiction without delay.

      3.  The executive director shall, by publication in such manner as he may prescribe, give notice of all judgements entered in actions instituted under the authority of NRS 586.010 to 586.450, inclusive.


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ê1961 Statutes of Nevada, Page 572 (Chapter 304, AB 194)ê

 

he may prescribe, give notice of all judgements entered in actions instituted under the authority of NRS 586.010 to 586.450, inclusive.

      Sec. 266.  NRS 587.100 is hereby amended to read as follows:

      587.100  [1.  The state quarantine officer is empowered to adopt, from time to time, such rules and regulations not inconsistent with the provisions of NRS 587.010 to 587.280, inclusive, as he may deem necessary to carry out the provisions thereof.

      2.]The state quarantine officer shall promulgate and enforce rules and regulations governing the certification of agricultural seed [.] and shall establish a schedule of fees therefor.

      Sec. 267.  NRS 587.160 is hereby amended to read as follows:

      587.160  [1.  Any citizen of this state shall have the privilege of submitting to the state quarantine officer samples of agricultural seeds for test and analysis, subject to such rules and regulations as may be adopted by the state quarantine officer.

      2.  The state quarantine officer may, by such rules and regulations, fix the maximum number of samples that may be tested or analyzed free of charge for any one citizen in any one period of time and fix reasonable charges for tests or analyses on samples submitted in excess of those tested free of charge.] The state quarantine officer may do service grain grading, including testing for dockage and moisture, and may establish a schedule of fees therefor.

      Sec. 268.  NRS 587.170 is hereby amended to read as follows:

      587.170  1.  Every lot of agricultural seeds, except as otherwise provided in NRS 587.010 to 587.280, inclusive, when sold, offered or exposed for sale in bulk, or in packages or other containers of 8 ounces or more shall bear a label stating:

      (a) The commonly accepted name of such agricultural seed and the actual weight thereof.

      (b) The approximate percentage of weight or count of all other agricultural seeds, as defined in NRS 587.020, distinguishable by their appearance, present.

      (c) The approximate percentage by weight of inert matter present.

      (d) The name of each kind of seeds, seed aggregate, tubers, bulbs or propagating parts of secondary noxious weeds, and the number of the same in each pound, which are present, singly or collectively, as follows:

      (1) In excess of one such seed, seed aggregates, tuber, bulb or propagating part, in each 5 grams of timothy, redtop, tall meadow oat grass, orchard grass, crested dogtail, Canada blue grass, Kentucky blue grass, fescues, brome grass, perennial and Italian rye grasses, crimson clover, red clover, white clover, alsike clover, sweet clover, Huban clover, alfalfa and other small legumes and grasses not otherwise classified.

      (2) In excess of one such seed, seed aggregate, tuber, bulb or propagating part, in 25 grams of millet, rape, flax, and other seeds not specified in subparagraphs (1) and (3) of paragraph (d) of this subsection.


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ê1961 Statutes of Nevada, Page 573 (Chapter 304, AB 194)ê

 

      (3) In excess of one such seed, seed aggregate, tuber, bulb or propagating part, in 100 grams of wheat, oats, rye, barley, buckwheat, vetches, and other seeds as large as or larger than wheat.

      (e) The commonly accepted name of each discernible disease, as defined in NRS 587.030, present in the seed and the approximate percentage by weight or count of seeds, seed aggregates, tubers, bulbs or propagating parts, infected with such disease or diseases, and the percentage by weight or count of spores, spore balls or other propagating organs of fungi or other parasites responsible for disease, as defined in NRS 587.030, present.

      (f) The approximate percentage of germination of such agricultural seed, together with the month and year the seed was tested.

      (g) No noxious weed seeds present.

      (h) The full name and address of the vendor of such agricultural seed.

      2.  Every such lot of agricultural seeds, referred to in subsection 1, shall be tested every 9 months if in bulk, or in packages or other containers of 5 pounds or more, and every 12 months if in packages or containers of 8 ounces to 5 pounds, to determine the approximate percentage of germination of such agricultural product. The dates stated on the label as prescribed in paragraph (f) of subsection 1 shall be used in computing such 9-month or 12-month period.

      Sec. 269.  NRS 587.180 is hereby amended to read as follows:

      587.180  Mixtures of alsike and timothy, alsike and white clover, redtop and timothy, or alsike and red clover, when sold, offered or exposed for sale as mixtures, in bulk or packages or other containers of [1] one-half pound or more, shall bear a label stating:

      1.  That such seed is a mixture.

      2.  The name and approximate percentage by weight of each kind of agricultural seed present in such mixture in excess of 5 percent by weight of the total mixture.

      3.  The approximate percentage by weight of inert matter present.

      4.  The name of each kind of seeds, seed aggregates, tubers, bulbs or other propagating parts of secondary noxious weeds, as defined in NRS 587.060, which are present, singly or collectively, in excess of one seed, seed aggregate, tuber, bulb or propagating part, in each 15 grams of such mixture.

      5.  The commonly accepted name of each discernable disease, as defined in NRS 587.030, present in the seed, and the approximate percentage by weight or count of seeds, seed aggregates, tubers, bulbs, or propagating parts, infected with such disease or diseases, and the percentage by weight or count of spores, spore balls or other propagating organs of fungi or other parasites responsible for disease, as defined in NRS 587.030, present.

      6.  The approximate percentage of germination of each kind of agricultural seed present in such mixture in excess of 5 percent by weight, together with the month and year the seed was tested.

      7.  No noxious weed seeds present.


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ê1961 Statutes of Nevada, Page 574 (Chapter 304, AB 194)ê

 

      8.  The full name and address of the vendor of such mixture.

      Sec. 270.  NRS 587.190 is hereby amended to read as follows:

      587.190  Special mixtures of agricultural seeds, except as specified in NRS 587.180, when sold, offered or exposed for sale as mixtures, in bulk or packages or other containers of [1] one-half pound or more, shall bear a label stating:

      1.  That such seed is a special mixture.

      2.  The name and percentage by weight of each kind of agricultural seed which is present in the proportion of 5 percent, or more, of the total mixture.

      3.  The approximate percentage by weight of inert matter present.

      4.  The name of each kind of seeds, seed aggregates, tubers, bulbs or propagating parts of secondary noxious weeds, as defined in NRS 587.060, which are present, singly or collectively, in excess of one such seed, seed aggregate, tuber, bulb or propagating part, in each 15 grams of such special mixture.

      5.  The commonly accepted name of each discernable disease, as defined in NRS 587.030, present in the seed and the approximate percentage by weight or count of seeds, seed aggregates, tubers, bulbs or propagating parts, infected with such disease, or diseases, and the percentage by weight or count of spores, spore balls or other propagating organs of fungi, or other parasites responsible for disease as defined in NRS 587.030, present.

      6.  The approximate percentage of germination of each kind of agricultural seed present in such mixture in excess of 5 percent by weight, together with the month and year the seed was tested.

      7.  No noxious weed seeds present.

      8.  The full name and address of the vendor of such mixture.

      Sec. 271.  NRS 587.230 is hereby amended to read as follows:

      587.230  1.  No seed cotton, unprocessed cottonseed or unginned cotton shall be shipped or transported into the State of Nevada, or from any other part of the State of Nevada into a cotton district created as provided in subsection 2, except upon a written permit obtained in advance from the state quarantine officer, which written permit shall be obtained by the shipper or owner of the seed cotton, unprocessed cottonseed or unginned cotton.

      2.  The state quarantine officer may designate any county, or other defined area, within the State of Nevada, as a cotton district, and specify the kind or kinds, strain or strains, variety or varieties of cotton which may be planted or grown therein. It shall be unlawful to plant or grow any other kind, strain or variety of cotton in such district.

      [3.  The state quarantine officer shall promulgate and issue any additional rules or regulations necessary to carry out the provisions of this section.]

      Sec. 272.  NRS 587.360 is hereby amended to read as follows:

      587.360  1.  The state quarantine officer is authorized to designate any competent employee or agent of the state [quarantine office] department of agriculture to inspect or classify agricultural products in accordance with such regulations as he may prescribe at such places as the volume of business may be found to warrant the furnishing of such inspection service, at the request of persons having an interest in such products, and to ascertain and to certify to such persons the grade, classification, quality or condition thereof, and such other pertinent facts as the state quarantine officer may require.


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ê1961 Statutes of Nevada, Page 575 (Chapter 304, AB 194)ê

 

department of agriculture to inspect or classify agricultural products in accordance with such regulations as he may prescribe at such places as the volume of business may be found to warrant the furnishing of such inspection service, at the request of persons having an interest in such products, and to ascertain and to certify to such persons the grade, classification, quality or condition thereof, and such other pertinent facts as the state quarantine officer may require.

      2.  The state quarantine officer is authorized to fix, assess and collect, or cause to be collected, fees for such services when they are performed by employees or agents of the state [quarantine office.] department of agriculture.

      Sec. 273.  NRS 587.370 is hereby amended to read as follows:

      587.370  1.  The board of county commissioners of any county may employ one or more inspectors to assist in carrying out the provisions of NRS 587.290 to 587.450, inclusive, upon a salary or on a per diem basis, for such period or periods as the board and the state quarantine officer deem necessary; but no inspector shall be so employed who is not licensed by the state quarantine officer, who shall direct all his official activities.

      2.  Any inspector so employed by any county shall collect all inspection fees fixed and established by the state quarantine officer for any inspections and certifications performed by him, and promptly forward the same to the state quarantine officer. The state quarantine officer shall forward any portion of the same due any federal agency to such agency. [, and shall forward the balance to the state treasury, 10 percent of which shall be credited to the stock inspection fund. The state quarantine officer shall place a claim in favor of the county concerned for such balance with the state board of examiners in the manner provided by law.] Ten percent of the inspection fees collected shall be deposited in the plant industry fund for the use of the state department of agriculture, and the balance shall be reimbursed to the counties in which such fees were collected.

      Sec. 274.  NRS 587.440 is hereby amended to read as follows:

      587.440  Any employee or agent employed under NRS 587.290 to 587.450, inclusive, or any inspector licensed thereunder, who shall knowingly inspect, grade or classify improperly any agricultural product or shall knowingly give any incorrect certificate of grade, classification, quality or condition or shall accept money or other consideration directly or indirectly for any incorrect or improper performance of duty, and any person who shall improperly influence any such agent, employee or licensed inspector in the performance of his duty, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.]

      Sec. 275.  NRS 587.450 is hereby amended to read as follows:

      587.450  1.  If any quantity of any agricultural product shall have been inspected and a certificate issued under NRS 587.290 to 587.450, inclusive, showing the grade, classification, quality or condition thereof, no person shall represent that the grade, classification, quality of condition of such product at the time and place of such inspection was other than as shown by such certificate.


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ê1961 Statutes of Nevada, Page 576 (Chapter 304, AB 194)ê

 

inclusive, showing the grade, classification, quality or condition thereof, no person shall represent that the grade, classification, quality of condition of such product at the time and place of such inspection was other than as shown by such certificate.

      2.  Whenever any standard for a container for an agricultural product becomes effective under NRS 587.290 to 587.450, inclusive, no person thereafter shall pack for sale, offer for sale, consign for sale, or sell and deliver, in a container, any such agricultural product to which the standard is applicable unless the container conforms to the standard, subject to such variations therefrom as may be allowed, in the regulations made under NRS 587.290 to 587.450, inclusive, or unless such product is brought from outside the state and offered for sale, consigned for sale or sold in the original package, but no agricultural product shall be offered for sale which bears a label containing any superlative word or words designating a superior or higher quality unless the product shall conform to the highest grade specification adopted under the provisions of NRS 587.410.

      3.  Any person violating this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.]

      Sec. 276.  NRS 588.160 is hereby amended to read as follows:

      588.160  This chapter shall be administered by the executive director of the state department of agriculture. [under the direct supervision of some person designated by the state department of agriculture, who shall be designated as director.]

      Sec. 277.  NRS 588.170 is hereby amended to read as follows:

      588.170  1.  Each brand and grade of commercial fertilizer or agricultural mineral shall be registered with the state department of agriculture before being offered for sale, sold or distributed in this state.

      2.  The application for registration shall be submitted in duplicate to the executive director on forms furnished by him, and shall be accompanied by a registration fee of $25 per brand.

      3.  The applicant shall also deposit with the state department of agriculture an airtight container containing not less than 2 pounds of such fertilizer or agricultural mineral, with an affidavit that it is a fair sample of the fertilizer or agricultural mineral to be sold or offered for sale.

      4.  Upon approval by the executive director, a copy of the registration shall be furnished to the applicant.

      5.  All registrations expire on June 30 of each year.

      Sec. 278.  NRS 588.180 is hereby amended to read as follows:

      588.180  1.  The application shall include the following information in the following order:

      (a) The name and address of the person guaranteeing the registration.

      (b) The brand and grade.


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ê1961 Statutes of Nevada, Page 577 (Chapter 304, AB 194)ê

 

      (c) The guaranteed analysis showing the minimum percentage and source of plant food claimed in the following order and form.

             Total nitrogen:  Percentage……, source……

             Available phosphoric acid:  Percentage……, source……

             Total phosphoric acid:  Percentage……………, source…………………

             Soluble potash:  Percentage………………, source………………………

      2.  Unacidulated mineral phosphatic materials and basic slag shall be guaranteed as to both total and available phosphoric acid, and the degree of fineness.

      3.  In the case of bone, tankage and other natural organic phosphate materials, only the total phosphoric acid need be guaranteed.

      4.  Additional plant food elements, determined by chemical methods, may be guaranteed only by permission of the executive director. When any such additional plant foods are claimed they shall be included in the guarantee, and shall be subject to inspection and analysis in accordance with the methods and regulations that may be prescribed by the executive director.

      5.  The executive director may permit or require the potential basicity or acidity (expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton) to be registered and guaranteed.

      Sec. 279.  NRS 588.190 is hereby amended to read as follows:

      588.190  The guaranteed analysis of agricultural minerals shall be stated as follows:

      1.  Limestone, limerock, chalk, dolomite, dolomitic limestone, marl, oystershell, shells and every other agricultural mineral, the principal constituent of which is calcium carbonite, the neutralizing powers expressed as calcium carbonate equivalent.

      2.  Burnt lime, quicklime, and every agricultural mineral, the principal constituent of which is calcium oxide, the percentage of calcium oxide therein.

      3.  Hydrated lime, slacked lime, and every agricultural mineral, the principal constituent of which is calcium hydroxide, the percentage of calcium hydroxide therein.

      4.  Byproducts in the manufacture of sugar or acetylene and every other agricultural mineral obtained as a byproduct, the principal constituent of which is a compound of calcium, the neutralizing powers expressed as calcium carbonate equivalent.

      5.  Gypsum, land plaster, plaster, and every agricultural mineral, the principal constituent of which is calcium sulfate, the percentage of calcium sulfate [dehydrate] dihydrate (CaSO4-2H2O) therein.

      6.  Sulfur, brimstone, and every agricultural mineral, the principal ingredient of which is elemental sulfur, the percentage of elemental sulfur therein.

      7.  In the case of any agricultural mineral not specifically mentioned herein, the percentage of all constituents claimed to be therein in terms or equivalent as prescribed by the executive director.


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ê1961 Statutes of Nevada, Page 578 (Chapter 304, AB 194)ê

 

      8. In the case of any mixture of two or more agricultural minerals, the percentage of each principal constituent as above prescribed.

      Sec. 280.  NRS 588.210 is hereby amended to read as follows:

      588.210  1.  There shall be paid to the state department of agriculture for all commercial fertilizers or agricultural minerals offered for sale, sold or distributed in this state a fee at the rate of 20 cents per ton on every ton if sold in packages or 2 cents per ton if sold in bulk; but sales to manufacturers or exchanges between them are exempted.

      2.  The state department of agriculture shall prepare suitable forms for reporting sales and on request shall furnish the same without cost to all persons dealing in registered brands of commercial fertilizers or agricultural minerals.

      [3.  The state department of agriculture shall promulgate rules and regulations for the payment and collection of such moneys.]

      Sec. 281.  NRS 588.230 is hereby amended to read as follows:

      588.230  1.  The executive director, who may act through his authorized agent, shall sample, inspect, make analyses of and test commercial fertilizers and agricultural minerals distributed within this state at such time and place and to such an extent as he may deem necessary to determine whether such commercial fertilizers and agricultural minerals are in compliance with the provisions of this chapter. The executive director, individually or through his agent, is authorized to enter upon any public or private premises during regular business hours in order to have access to commercial fertilizers and agricultural minerals subject to the provisions of this chapter and the rules and regulations pertaining thereto.

      2.  The methods of analysis shall be those adopted by the executive director from sources such as those of the Association of Official Agricultural Chemists.

      3.  The executive director, in determining for administrative purposes whether any commercial fertilizer or agricultural mineral is deficient in plant food, shall be guided solely by the official sample as defined in NRS 588.100, and obtained and analyzed as provided for in subsection 2 of this section.

      4.  The results of official analysis of any commercial fertilizer or agricultural mineral which has been found to be subject to penalty or other legal action shall be forwarded by the executive director to the registrant at least 10 days before the report is submitted to the purchaser. If during that period no adequate evidence to the contrary is made available to the executive director, the report shall become official.

      5.  Upon request, the executive director shall furnish to the registrant a portion of any sample found subject to penalty or other legal action.

      Sec. 282.  NRS 588.240 is hereby amended to read as follows:

      588.240  1.  If the analysis shall show that any commercial fertilizer or agricultural mineral falls short of the guaranteed analysis in any one ingredient, a penalty shall be assessed in accordance with the following provisions:

 


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ê1961 Statutes of Nevada, Page 579 (Chapter 304, AB 194)ê

 

one ingredient, a penalty shall be assessed in accordance with the following provisions:

      (a) Total nitrogen: A penalty of 3 times the value of the deficiency, if such deficiency is in excess of 0.20 of 1 percent on goods that are guaranteed 2 percent; 0.25 of 1 percent in goods that are guaranteed 3 percent; 0.35 of 1 percent on goods that are guaranteed 4 percent; 0.40 of 1 percent on goods that are guaranteed 5 percent up to and including 8 percent; 0.50 of 1 percent on goods guaranteed above 8 percent up to and including 30 percent; and 0.75 of 1 percent on goods guaranteed over 30 percent.

      (b) Available phosphoric acid: A penalty of 3 times the value of the deficiency, if such deficiency exceeds 0.40 of 1 percent on goods that are guaranteed up to and including 10 percent; 0.50 of 1 percent on goods that are guaranteed above 10 percent up to and including 25 percent; and 0.75 of 1 percent on goods guaranteed over 25 percent.

      (c) Soluble potash: A penalty of 3 times the value of the deficiency, if such deficiency is in excess of 0.20 of 1 percent on goods that are guaranteed 2 percent; 0.30 of 1 percent on goods that are guaranteed 3 percent; 0.40 of 1 percent on goods that are guaranteed 4 percent; 0.50 of 1 percent on goods guaranteed above 4 percent up to and including 8 percent; 0.60 of 1 percent on goods guaranteed above 8 percent up to and including 20 percent; and 1 percent on goods guaranteed over 20 percent.

      (d) Deficiencies in any other constituent or constituents covered under NRS 588.190 which the registrant is required to or may guarantee shall be evaluated by the executive director and penalties therefor shall be prescribed by him.

      2.  Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction praying for judgement as to the justification of such penalties.

      3.  All penalties assessed under this section shall be paid to the consumer of the lot of commercial fertilizer or agricultural mineral represented by the sample analyzed within 3 months after the date of notice from the executive director to the registrant, and a receipt taken therefor and promptly forwarded to the executive director. If the consumer cannot be found, the amount of the penalty shall be paid to the state department of agriculture. [who shall deposit the same with the state treasurer for credit to the agriculture registration and enforcement fund.]

      Sec. 283.  NRS 588.250 is hereby amended to read as follows:

      588.250  For the purpose of determining the commercial values to be applied under the provisions of NRS 588.240, the executive director shall determine and publish annually the values per pound of nitrogen, phosphoric acid, and soluble potash in commercial fertilizers or agricultural minerals in this state. The values so determined and published shall be used in determining and assessing penalties.

      Sec. 284.  NRS 588.270 is hereby amended to read as follows:


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ê1961 Statutes of Nevada, Page 580 (Chapter 304, AB 194)ê

 

      588.270  1.  At least annually, the executive director shall publish, in such form as he may deem proper:

      (a) Information concerning the sales of commercial fertilizers and agricultural minerals, together with such data on their production and use as he may consider advisable.

      (b) A report of the results of the analyses based on official samples of commercial fertilizers or agricultural minerals sold within the state as compared with the analyses guaranteed under NRS 588.170 to 588.200, inclusive.

      2.  The information concerning production and use of commercial fertilizers or agricultural minerals shall be shown separately for the periods July 1 to December 31 and January 1 to June 30 of each year.

      3.  No disclosure shall be made of the operations of any person.

      Sec. 285.  NRS 588.290 is hereby amended to read as follows:

      588.290  If any commercial fertilizer or agricultural mineral in the possession of the consumer is found by the executive director to be short in weight, the registrant of the commercial fertilizer or agricultural mineral shall, within 30 days after official notice from the executive director, pay to the consumer a penalty equal to 4 times the value of the actual shortage.

      Sec. 286.  NRS 588.300 is hereby amended to read as follows:

      588.300  The executive director is authorized and empowered to cancel the registration of any brand of commercial fertilizer or agricultural mineral or to refuse to register any brand of commercial fertilizer or agricultural mineral, as provided in this chapter, upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasion or attempted evasion of the provisions of this chapter or any rules and regulations promulgated thereunder; but no registration shall be revoked or refused until the registrant shall have been given the opportunity to appear for a hearing by the executive director.

      Sec. 287.  NRS 588.320 is hereby amended to read as follows:

      588.320  1.  Any lot of commercial fertilizer or agricultural mineral not in compliance with the provisions of this chapter shall be subject to seizure upon complaint of the executive director to a court of competent jurisdiction in the area in which the commercial fertilizer or agricultural mineral is located.

      2.  If the court finds the commercial fertilizer or agricultural mineral to be in violation of this chapter and orders the condemnation of the commercial fertilizer or agricultural mineral, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer or agricultural mineral and the laws of this state.

      3.  In no instance shall the disposition of such commercial fertilizer or agricultural mineral be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial fertilizer or agricultural mineral, or for permission to process or relabel the commercial fertilizer or agricultural mineral, to bring it into compliance with this chapter.


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ê1961 Statutes of Nevada, Page 581 (Chapter 304, AB 194)ê

 

      Sec. 288.  NRS 588.330 is hereby amended to read as follows:

      588.330  1.  If it shall appear from the examination of any commercial fertilizer or agricultural mineral that any of the provisions of this chapter or the rules and regulations issued thereunder have been violated, the executive director shall cause notice of the violations to be given to the registrant, distributor or possessor from whom the sample was taken. Any person so notified shall be given an opportunity to be heard under such rules and regulations as may be prescribed by the executive director. If it appears after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this chapter or rules and regulations issued thereunder have been violated, the executive director may certify the facts to the proper district attorney.

      2.  Nothing in this chapter shall be construed as requiring the executive director or his representative to report for prosecution, or for the institution of seizure proceedings, minor violations of this chapter when he believes that the public interest will be best served by a suitable notice of warning in writing.

      3.  Each district attorney to whom any violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

      4.  The executive director is authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.

      Sec. 289.  (This section deleted by amendment.)

      Sec. 290.  (This section deleted by amendment.)

      Sec. 291.  (This section deleted by amendment.)

      Sec. 292.  (This section deleted by amendment.)

      Sec. 293.  (This section deleted by amendment.)

      Sec. 294.  (This section deleted by amendment.)

      Sec. 295.  NRS 590.100 is hereby amended to read as follows:

      590.100  The state sealer of weights and measures is charged with the proper enforcement of NRS 590.010 to 590.150, inclusive, and shall have the following powers and duties:

      1.  He may [, with the approval of the state board of stock commissioners, designate such appointees as he may deem necessary to assist him in carrying out the provisions of NRS 590.010 to 590.150, inclusive.

      2.  He shall promulgate such rules and regulations as he may deem necessary to carry out the provisions of NRS 590.010 to 590.150, inclusive.] publish reports relative to petroleum products in such form and at such times as he may deem necessary.

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


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ê1961 Statutes of Nevada, Page 582 (Chapter 304, AB 194)ê

 

and shall seal all such devices whose tolerances are found to be within those prescribed by the National Bureau of Standards.

      [4.] 3.  He, or his appointees, or any member of the Nevada highway patrol, may take such sample or samples as he may deem necessary of any petroleum [, or any] product [thereof,] when the same is kept, transported or stored within the State of Nevada. It is unlawful for any person, or any officer, agent or employee thereof, to refuse to permit the state sealer of weights and measures, or his appointees, or any member of the Nevada highway patrol, in the State of Nevada, to take such sample or samples, or to prevent or to attempt to prevent the state sealer of weights and measures, or his appointees, or any member of the Nevada highway patrol, from taking the same. If the person, or any officer, agent or employee thereof, from which such sample is taken at the time of taking demands payment, then the person taking such sample shall pay therefor the reasonable market price for the quantity and commodity so taken.

      [5.] 4.  He, or his appointees, may close and seal the outlets of any unlabeled or mislabeled containers, pumps or storage tanks connected thereto or which contain any petroleum product which, if sold, would violate any of the provisions of NRS 590.010 to 590.150, inclusive, and shall post, in a conspicuous place on the premises where such containers, pumps or storage tanks have been sealed, a notice stating that such action of sealing has been taken in accordance with the provisions of NRS 590.010 to 590.150, inclusive, and giving warning that it is unlawful to break, mutilate or destroy the seal or seals thereof under penalty as provided in NRS 590.110.

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

      Sec. 296.  NRS 590.120 is hereby amended to read as follows:

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

      2.  On or before the 25th day of each calendar month, every person, or any officer, agent or employee thereof, required to pay the inspection fee mentioned in subsection 1 shall send to the [state sealer of weights and measures] Nevada tax commission a correct report of the gasoline or oil volumes for the preceding month, and such report shall include a list of distributors or retailers distributing or selling the products.


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ê1961 Statutes of Nevada, Page 583 (Chapter 304, AB 194)ê

 

gasoline or oil volumes for the preceding month, and such report shall include a list of distributors or retailers distributing or selling the products. [A copy of such monthly] Such report shall be [sent to the state treasurer] accompanied by the fees herein required due the state on such gasoline and lubricating oil.

      3.  Failure to send such report and remittance as specified in subsections 1 and 2 shall be a violation of NRS 590.010 to 590.150, inclusive, punishable as provided in NRS 590.150.

      Sec. 297.  NRS 590.130 is hereby amended to read as follows:

      590.130  All inspection fees received by the [state treasurer shall be placed] Nevada tax commission shall be deposited in the general fund in the state treasury, and all expenses incurred in carrying out the provisions of NRS 590.010 to 590.150, inclusive, shall be paid out of funds provided by direct legislative appropriation.

      Sec. 298.  NRS 590.150 is hereby amended to read as follows:

      590.150  1.  Any person, or any officer, agent or employee thereof, who violates any of the provisions of NRS 590.010 to 590.140, inclusive, is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]

      2.  Each such person, or any officer, agent or employee thereof, shall be deemed guilty of a separate offense for each day during any portion of which any violation of any provision of NRS 590.010 to 590.140, inclusive, is committed, continued or permitted by such person, or any officer, agent or employee thereof, and shall be punishable as provided in this section.

      3.  The selling and delivering of any petroleum product mentioned in NRS 590.010 to 590.140, inclusive, shall be prima facie evidence of the representation on the part of the vendor that the quality sold and delivered was the quality brought by the vendee.

      Sec. 299.  (This section deleted by amendment.)

      Sec. 300.  NRS 590.440 is hereby amended to read as follows:

      590.440  Whenever the state sealer of weights and measures shall discover any antifreeze is being sold or has been sold in violation of NRS 590.340 to 590.450, inclusive, the facts shall be furnished to the district attorney [general,] of the county where the violation occurred, who shall institute proper proceedings.

      Sec. 301.  (This section deleted by amendment.)

      Sec. 302.  NRS 619.040 is hereby amended to read as follows:

      619.040  [1.  Each applicant for a license to operate as a farm labor contractor shall make and file with the commissioner a good and sufficient bond executed by the applicant with a good and sufficient surety in the penal sum of $5,000, payable to the State of Nevada.

      2.  Such bond shall be conditioned that the obligor will not violate any of the duties, conditions or requirements provided in this chapter, and that the applicant will not make any false representation or statement to any person soliciting any assistance from him for employees or employment.] The commissioner may require reasonable bonds from farm labor contractors in such amounts and conditioned as the commissioner deems necessary or proper for the faithful performance of the duties, conditions or requirements provided in this chapter, and that the farm labor contractor will not make any false representation or statement to any person soliciting any assistance from him for employees or employment.


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

ê1961 Statutes of Nevada, Page 584 (Chapter 304, AB 194)ê

 

farm labor contractors in such amounts and conditioned as the commissioner deems necessary or proper for the faithful performance of the duties, conditions or requirements provided in this chapter, and that the farm labor contractor will not make any false representation or statement to any person soliciting any assistance from him for employees or employment. The procuring and filing of such bonds shall be in accordance with rules and regulations promulgated by the commissioner.

      Sec. 303.  NRS 619.130 is hereby amended to read as follows:

      619.130  1.  If any applicant or licensee whose license has been denied, revoked, suspended or refused renewal requests a hearing, a hearing shall be held by the commissioner upon at least 10 days’ written notice.

      2.  The commissioner shall employ a [court] competent stenographer for the purpose of reporting all testimony heard at such hearing. Such stenographer shall accurately report all such testimony, and shall furnish the commissioner and the applicant or licensee with a written copy of a transcript of such testimony.

      3.  After such hearing, the commissioner may change or modify any order previously made concerning the denial, revocation, suspension or refusal to renew such a license.

      4.  The commissioner shall issue his ruling within 10 days after such hearing, and shall furnish the applicant or licensee with a copy of such ruling.

      Sec. 304.  On July 1, 1961:

      1.  The members of the state board of stock commissioners shall become and be deemed members of the state board of agriculture, and they shall retain without impairment or diminution the appointments, terms, rights and status now applicable to them as members of the state board of stock commissioners.

      2.  The executive officer of the state department of agriculture shall become and be deemed executive director of the state department of agriculture, and he shall retain without impairment or diminution all rights and status now applicable to him pursuant to chapter 284 of NRS.

      3.  All employees of the state department of agriculture shall retain without impairment or diminution all rights and status now applicable to them pursuant to chapter 284 of NRS.

      Sec. 305.  (This section deleted by amendment.)

      Sec. 306.  All moneys remaining unexpended in the stock inspection fund on July 1, 1961, are hereby transferred to the livestock inspection fund.

      Sec. 307.  The sum of $5,000 heretofore appropriated from the stock inspection fund to the state board of stock commissioners revolving fund, pursuant to the provisions of chapter 49, Statutes of Nevada 1929, and of chapter 154, Statutes of Nevada 1959, is hereby transferred to the agriculture working capital fund.

      Sec. 308.  Chapter 570 of NRS and NRS 552.110, 552.140, 552.150, 552.207, 555.250, 555.430, 555.440, 561.010 to 561.650, inclusive, 565.020, 565.050, 565.060, 567.180 to 567.250, inclusive, 569.030, 569.260, 569.270, 569.460 to 569.490, inclusive, 571.010 to 571.040, inclusive, 567.070, 567.130, 581.040, 581.100, 583.090, 583.100, 586.070, 586.240, 586.320, 586.340, 587.090, 587.110, 587.130, 587.140, 587.330 to 587.350, inclusive, 588.060, 588.220, 588.280, 588.310, 590.390, 590.410 and 619.150 are hereby repealed.


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

ê1961 Statutes of Nevada, Page 585 (Chapter 304, AB 194)ê

 

565.050, 565.060, 567.180 to 567.250, inclusive, 569.030, 569.260, 569.270, 569.460 to 569.490, inclusive, 571.010 to 571.040, inclusive, 567.070, 567.130, 581.040, 581.100, 583.090, 583.100, 586.070, 586.240, 586.320, 586.340, 587.090, 587.110, 587.130, 587.140, 587.330 to 587.350, inclusive, 588.060, 588.220, 588.280, 588.310, 590.390, 590.410 and 619.150 are hereby repealed.

 

________

 

 

CHAPTER 305, AB 355

Assembly Bill No. 355–Clark County Delegation

CHAPTER 305

AN ACT to amend an act entitled “An Act fixing the salaries and compensation of officers, deputy officers and employees of Clark County, Nevada, and repealing all other acts and parts of acts in conflict therewith,” approved March 24, 1955, as amended.

 

[Approved April 6, 1961]

 

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 206, Statutes of Nevada 1955, as last amended by chapter 489, Statutes of Nevada 1959, at page 864, is hereby amended to read as follows:

      Section 1.  From and after [July 5, 1959,] the first Monday in January 1963, the county officers and deputy county officers and employees of Clark County, Nevada, shall receive the following salaries and compensation for all services rendered:

      1.  The sheriff of Clark County shall receive an annual salary of [$12,000,] $14,400, payable in equal monthly installments, which shall be in lieu of all commissions, fees and allowances collected in his capacity as ex officio license collector, and he shall have one undersheriff to be selected by him who shall receive a monthly salary of not less than [$500,] $750, and such other deputies and clerical help, to be named by him, as the work in his office may justify, subject to the consent of the board of county commissioners, for such compensation as shall be fixed by the board of county commissioners. He shall be allowed his actual traveling expenses, or those of his deputy, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.

      2.  The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive an annual salary of [$9,000,] $10,000, payable in equal monthly installments, for all services in the office, and may be allowed such deputies and clerical help, to be named by such clerk, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, that the chief deputy county clerk shall receive a monthly salary of not less than [$500.] $600. The county clerk shall be allowed actual traveling expenses, or those of a deputy, to consist of actual costs of transportation and living expenses while absent from the county seat in the performance of official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.


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

ê1961 Statutes of Nevada, Page 586 (Chapter 305, AB 355)ê

 

shall be allowed actual traveling expenses, or those of a deputy, to consist of actual costs of transportation and living expenses while absent from the county seat in the performance of official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.

      3.  The county assessor shall receive an annual salary of [$9,000,] $10,000, payable in equal monthly installments, as compensation for all services as such officer or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipality or political subdivision shall be deposited by the assessor to the credit of the county in the county general fund. The county assessor may be allowed a chief deputy who shall receive a monthly salary of not less than [$500,] $600, and other deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners. The county assessor, or his deputy, shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.

      4.  The county treasurer and ex officio tax collector shall receive an annual salary of [$9,000,] $9,600, payable in equal monthly installments for all his services as such treasurer or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipality or political subdivision shall be deposited by the treasurer to the credit of the county in the county general fund, and he may be allowed such deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, the chief deputy county treasury shall receive a monthly salary of not less than [$500.] $600. The county treasurer shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties, providing that the expenses shall be first audited and allowed by the board of county commissioners.

      5.  The county recorder and auditor shall receive an annual salary of [$9,000,] $9,600, payable in equal monthly installments as compensation for all his services as such county recorder and auditor or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipal corporation or political subdivision shall be deposited by the recorder and auditor to the credit of the county in the county general fund. The county recorder and auditor may be allowed such deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, the chief deputy in the office shall receive a monthly salary of not less than [$500.] $600. The county recorder and auditor shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual cost of transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.


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

ê1961 Statutes of Nevada, Page 587 (Chapter 305, AB 355)ê

 

allowed all his actual traveling expenses, or those of his deputy, to consist of actual cost of transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.

      6.  The district attorney shall receive an annual salary of [$12,000,] $17,000, payable in equal monthly installments for all his services as such officer. He may have such deputies [and], clerical help [,] or other personnel, to be named by him, as the board of county commissioners may deem necessary and at salaries to be fixed by the board of county commissioners; provided, however, the two chief deputy district [attorney] attorneys, one for civil matters and one for criminal matters, shall receive a monthly salary of not less than [$500. He] $1,000. The district attorney shall be allowed to employ, subject to the approval of the board of county commissioners, special investigators at salaries to be fixed by the board of county commissioners, but in no event shall the salary of any special investigator exceed the sum of $6,600 per annum. The district attorney shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners. The district attorney and his chief deputies shall not engage in the private practice of law.

      7.  The county commissioners shall each receive an annual salary of [$5,400,] $6,000, payable in equal monthly installments, which shall be in full compensation for all services whatsoever required of such commissioners. They shall be allowed all their actual traveling expenses, to consist of actual costs of their transportation and living expenses while absent from the county seat in the performance of their official duties, provided the expenses shall be first audited and allowed by a majority of the board of county commissioners. Each commissioner shall be entitled to traveling expenses in the sum of 10 cents per mile in traveling to and from the meetings of the commissioners. The chairman of the board of county commissioners without additional compensation, shall be ex officio purchasing agent of the county with such powers and duties as may be prescribed by the board of county commissioners.

      Sec. 2.  This act shall become effective on the first Monday in January 1963.

 

________

 

 


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

ê1961 Statutes of Nevada, Page 588ê

 

CHAPTER 306, AB 404

Assembly Bill No. 404–Committee on State, County and City Affairs (By request)

CHAPTER 306

AN ACT to amend chapter 322 of NRS, relating to leases of state lands, by adding new sections granting authority to the director of the state department of conservation and natural resources to make additional leases of state lands and to grant easements over such lands with the concurrence of the governor; to amend NRS section 322.010, relating to leases of state lands, by changing a reference to accommodate such new sections; and providing other matters properly relating thereto.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  Chapter 322 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  The director of the state department of conservation and natural resources, with the concurrence of the governor, is authorized, in addition to the authority to lease provided in NRS 322.010 to 322.030, inclusive, to lease or grant easements over or upon any land now or hereafter owned by the State of Nevada, or which may hereafter be granted it by the United States of America, except contract lands, upon terms as provided in section 3 of this act. Easements over or upon any lands which are used by any office, department, board, commission, bureau, institution or other agency of the State of Nevada may be granted only with the concurrence of such agency.

      Sec. 3.  Leases or easements authorized pursuant to the provisions of section 2 of this act, and not made for the purpose of extracting oil, coal or gas from the lands leased, shall be:

      1.  For such areas as may be required to accomplish the purpose for which such land is leased or such easement granted.

      2.  For such term and consideration as the director of the department of conservation and natural resources may determine reasonable.

      3.  Executed upon a form to be prepared by the attorney general, which form shall contain all of the covenants and agreements usual or necessary to such leases or easements.

      Sec. 4.  NRS 322.010 is hereby amended to read as follows:

      322.010  The director of the state department of conservation and natural resources is authorized to lease any land now or hereafter owned by the State of Nevada, or which may hereafter be granted it by the United States of America, except contract lands, upon terms as provided in [this chapter.] NRS 322.020 to 322.040, inclusive.

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

 

________

 

 


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

ê1961 Statutes of Nevada, Page 589ê

 

CHAPTER 307, AB 409

Assembly Bill No. 409–Committee on Ways and Means

CHAPTER 307

AN ACT to provide an additional and supplemental appropriation for the support of the state planning board in carrying out the provisions of chapter 256, Statutes of Nevada 1960, relating to the design, construction and furnishing of additional buildings and facilities on the site of and for the Nevada school of industry in Elko County, Nevada; authorizing the superintendent of the Nevada school of industry, with the approval of the state planning board, to grant and accept certain easements required because of the authorized construction; and providing other matters properly relating thereto.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  For the purpose of providing additional support of the state planning board in carrying out the provisions of chapter 256, Statutes of Nevada 1960, there is hereby appropriated from the general fund in the state treasury the sum of $160,187.

      Sec. 2.  With the approval of the state planning board, the superintendent of the Nevada school of industry, for and on behalf of the Nevada school of industry and the State of Nevada, may:

      (a) Grant to the Southern Nevada Power Company an easement for an electric powerline to the site of the new facilities at the Nevada school of industry.

      (b) Grant to the California Pacific Utilities Co. an easement for a telephone line or lines to the site of the new facilities at the Nevada school of industry.

      (c) Accept from Fred Fernald et al. an easement for use as a road to the site of the new facilities at the Nevada school of industry.

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

 

________

 

 

CHAPTER 308, AB 124

Assembly Bill No. 124–Mr. Godbey

CHAPTER 308

AN ACT to amend NRS sections 617.440 and 617.450, relating to occupational diseases, by providing that radiation injuries shall be considered occupational diseases; by providing that such occupational diseases shall be deemed to arise out of and in the course of employment only when they are contracted within 4 years previous to the date of disablement; and by providing other matters properly relating thereto.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 617.440 is hereby amended to read as follows:

      617.440  1.  An occupational disease defined in this chapter shall be deemed to arise out of and in the course of employment:


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

ê1961 Statutes of Nevada, Page 590 (Chapter 308, AB 124)ê

 

      (a) Only when the disease was contracted within 12 months previous to the date of disablement [;] , except in cases of disability resulting from radium poisoning or exposure to radioactive properties or substances, or to roentgen rays (X-rays) or ionizing radiation, in which cases the poisoning or illness resulting in disability must have been contracted in the State of Nevada within 4 years prior to the date on which such disability occurred, while the claimant was covered by the provisions of this chapter and not while the claimant was an employee of the Atomic Energy Commission of the United States or any of its contractors or subcontractors.

      (b) If there is a direct causal connection between the conditions under which the work is performed and the occupational disease;

      (c) Which can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment;

      (d) Which can be fairly traced to the employment as the proximate cause; and

      (e) Which does not come from a hazard to which workmen would have been equally exposed outside of the employment.

      2.  The disease must be incidental to the character of the business and not independent of the relation of employer and employee.

      3.  The disease need not have been foreseen or expected, but after its contraction must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a natural consequence.

      Sec. 2.  NRS 617.450 is hereby amended to read as follows:

      617.450  The following diseases, as well as other occupational diseases defined in NRS 617.440, shall be considered occupational diseases and shall be compensable as such when contracted by an employee and when arising out of and in the course of the employment in any process described in this section.

 

                                                                  Schedule

               Description of Disease or Injury                                      Description of Process

 

Anthrax......................................................

Handling of livestock wool, hair, bristles, hides and skins.

Arsenic poisoning...................................

Any process involving the production or use of arsenic or its preparations or compounds.

Brass or zinc poisoning...........................

Any process involving the manufacture, founding or refining of brass or the melting or smelting of zinc.

Carbon monoxide poisoning..................

Any process involving the evolution of or resulting in the escape of carbon monoxide.


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

ê1961 Statutes of Nevada, Page 591 (Chapter 308, AB 124)ê

 

               Description of Disease or Injury                                      Description of Process

 

Chrome ulceration of the skin or nasal passages.............................................

 

Any process involving the production or use of or direct contact with chromatic acid or bichromates of ammonium, potassium or sodium or their preparations.

Compressed air illness.............................

Any work process carried on in compressed air.

Epithelioma cancer or ulceration of the skin or of the corneal surface of the eye due to carbon, pitch, tar or tarry compounds production...........

 

 

 

Handling or industrial use of carbon, pitch or tarry compounds.

Glanders.....................................................

Care of any equine animal suffering from glanders; handling carcass of such animal.

Infection or inflammation of the skin on contact surfaces due to oils, cutting compounds or lubricants, dusts, liquids, fumes, gases or vapors..................................................

 

 

 

 

Any process involving the production, handling or use of oils, cutting compounds or lubricants, or involving contact with the dust, liquids, fumes, gases or vapors.

Lead poisoning.........................................

Any process involving the production or use of lead or its preparations or compounds.

Manganese dioxide poisoning...............

Any process involving the grinding or milling of manganese dioxide or the escape of manganese dioxide dust.

Mercury poisoning..................................

Any process involving the production or use of mercury or its preparations or compounds.

Phosphorus poisoning............................

Any process involving the production or use of phosphorus, or its preparations or compounds.

Poisoning by carbon bisulfide...............

Any process involving the production or use of carbon bisulfide or its preparations or compounds.

Poisoning by chlorine.............................

Any process involving the production or use of chlorine or its preparations or compounds.


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

ê1961 Statutes of Nevada, Page 592 (Chapter 308, AB 124)ê

 

               Description of Disease or Injury                                      Description of Process

 

Poisoning by flour, burned grease, bakery and kitchen fumes and other food products.....................................

 

 

Any process involving the production of or the use of flours for baking purposes, greases used in cooking, and other products used in cafes and bakeries, causing or tending to cause what is commonly called baker’s disease, baker’s asthma, or baker’s tuberculosis.

Poisoning by gasoline, benzine, naphtha or other volatile petroleum products..............................................

 

 

Any process involving the production or use of gasoline, benzine, naphtha or other volatile petroleum products.

Poisoning by wood alcohol....................

Any process involving the production or use of wood alcohol or its preparations.

Potassium cyanide poisoning................

Any process involving the production or use of or direct contact with potassium cyanide.

Radium poisoning or disability due to radioactive properties or substances, or to roentgen rays (X-rays), or to exposure to ionizing radiation.............................................

 

 

 

 

Any process involving the [production or] use of [radium and other radioactive substances, in luminous paint.] or direct contact with radium or a radioactive substance, or the use of or direct exposure to roentgen rays (X-rays) or ionizing radiation.

Sulfur dioxide poisoning.........................

Any process in which sulfur dioxide gas is evolved by the expansion of liquid sulfur dioxide.

Tenosynovitis and prepatellar bursitis.

Primary tenosynovitis characterized by a passive effusion or crepitus into the tendon sheath of the flexor or extensor muscles of the hand, due to frequently repetitive motions or vibrations, or prepatellar bursitis due to continued pressure.

 

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ê1961 Statutes of Nevada, Page 593ê

 

CHAPTER 309, SB 150

Senate Bill No. 150–Senator Settelmeyer

CHAPTER 309

AN ACT to amend NRS sections 369.310 and 369.370, relating to liquor license fees and to refunds, credits and discounts of excise taxes on liquor, by permitting payment of liquor license fees, with penalty, between July 15 and July 31 of each year; by requiring automatic cancellation of such licenses if the license fee is not paid by July 31 of each year; by providing for refund or credit of excise taxes paid on imported liquors actually exported and sold outside the state; by relieving importers from taxation on shipments damaged on the premises; by increasing the amount of discount; and by providing other matters properly relating thereto.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 369.310 is hereby amended to read as follows:

      369.310  1.  All license fees are due and payable on July 1 of each year. If not paid by July 15 of each year the license [shall] may be canceled [automatically.] by the tax commission. Between July 15 and July 31 of each year, the fee may be paid with a penalty of 5 percent added to such fee. If the fee and penalty are not paid by July 31 of each year, the license shall be canceled automatically.

      2.  If any license is issued at any time during the year other than by July 15, the fee shall be for that proportionate part of the year that the license will be in effect, which in any event shall be for not less than one quarter of a year.

      3.  No license shall be dated other than on the 1st day of the month in which it is granted.

      4.  Any person having paid license fees for the calendar year 1959 shall be entitled to a credit in an amount equal to one-half of the license fees due and payable by him on July 1, 1959.

      Sec. 2.  NRS 369.370 is hereby amended to read as follows:

      369.370  1.  For the privilege of importing, possessing, storing or selling liquors, all licensed importers and manufacturers of liquor in this state shall pay the excise tax imposed and established by this chapter.

      2.  If, after such tax is paid on any such liquor, satisfactory evidence is presented to the tax commission that [not less than 35 percent of] such imports [has] have been actually exported and sold outside this state not in conflict with the law of the place of sale, the tax commission shall direct that a refund or credit of [not more than 35 percent of] the tax so paid shall be made to the taxpayer. The taxpayer shall report all such exports and report all such imports, and pay the tax on such imports monthly, on forms and subject to regulations prescribed by the tax commission.

      3.  If all tax due for imports during a particular month is paid before the 15th day of the following month, a discount of [2] 3 percent of the tax due shall be allowed to the taxpayer.

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


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

ê1961 Statutes of Nevada, Page 594 (Chapter 309, SB 150)ê

 

by the importer and actually used by the importer, so as to relieve the importer from taxation on any shipments lost, stolen or damaged in transit, or damaged or spoiled on the premises, and mat require all claims in connection therewith to be sworn to and make ratable tax adjustments, credits or refunds in the premises to effectuate the purposes of this chapter.

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

 

________

 

 

CHAPTER 310, AB 154

Assembly Bill No. 154–Committee on State Publicity and Economic Development

CHAPTER 310

AN ACT to amend NRS section 361.160, which defines personal property in transit through the State of Nevada, by providing that such property shall not be deprived of the property tax exemption because it is being held for resale to customers outside the State of Nevada.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 361.160 is hereby amended to read as follows:

      361.160  1.  Personal property in transit through this state is personal property, goods, wares and merchandise:

      (a) Which is moving in interstate commerce through or over the territory of the State of Nevada; or

      (b) Which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward.

      Such property is deemed to have acquired no situs in Nevada for purposes of taxation. Such property shall not be deprived of exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged [.] , or because the property is being held for resale to customers outside the State of Nevada. The exemption granted shall be liberally construed to effect the purposes of NRS 361.160 to 361.185, inclusive.

      2.  Personal property within this state as mentioned in NRS 361.030 and NRS 361.045 to 361.155, inclusive, shall not include personal property in transit through this state as defined in this section.

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

 

________

 

 


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

ê1961 Statutes of Nevada, Page 595ê

 

CHAPTER 311, SB 186

Senate Bill No. 186–Senators Lamb, Lemaire, Frank, Gallagher, Slattery, Duffy, Echeverria and Fransway

CHAPTER 311

AN ACT to amend chapter 443 of NRS, relating to tuberculosis, by adding new sections establishing a special silicosis program to be administered by the state department of health; establishing standards of eligibility; creating a fund; and providing for benefits; to repeal NRS section 617.480, relating to special silicosis cases; appropriating moneys; and providing other matters properly relating thereto.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  Chapter 443 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

      Sec. 2.  1.  There is hereby created in the state treasury the special silicosis fund. The special silicosis fund shall be administered by the department, and moneys in such fund shall be expended only for the purposes of this act on claims approved by the department and paid as other claims against the state are paid.

      2.  The board may adopt reasonable regulations to carry out the provisions of this act.

      Sec. 3.  1.  Every person found by the board to be suffering from silicosis shall be entitled to the benefits provided for in this act if he:

      (a) Is not eligible for compensation under the provisions of NRS 617.460.

      (b) Applied, before January 1, 1961, for compensation under the provisions of NRS 617.480, or under section 1 of chapter 433, Statutes of Nevada 1955, and qualified for such compensation or was denied such compensation for any reason.

      (c) Is not infected with active tuberculosis.

      (d) Files with the board, before August 1, 1961, an application for benefits accompanied by a written statement subscribed and sworn to or affirmed before a notary public or other person authorized to administer oaths declaring that he is unable to pay for his own care and maintenance.

      (e) Submits to a physical examination by a physician approved by the board to determine his condition.

      2.  The board shall arrange for physical examinations of all applicants and pay the costs of such examinations from the special silicosis fund.

      Sec. 4.  1.  Each person who is eligible for the benefits provided for in this act shall be entitled to receive benefits from the special silicosis fund in an amount equal to the compensation paid to persons eligible for compensation under the provisions of NRS 617.460.

      2.  The Nevada industrial commission shall cooperate with the department for the purpose of determining the amount of benefits to which persons found eligible by the board are entitled, and shall make available to the board all records which may be of use to the board in determining eligibility.


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

ê1961 Statutes of Nevada, Page 596 (Chapter 311, SB 186)ê

 

available to the board all records which may be of use to the board in determining eligibility.

      Sec. 5.  Any person who was receiving compensation under the provisions of NRS 617.480 prior to the effective date of this act, and is found eligible to receive benefits under the provisions of this act, shall be entitled to receive such benefits from the date of termination of such compensation regardless of the date upon which processing of his application was completed, but no benefits shall be paid for any period for which compensation was paid.

      Sec. 6.  On the effective date of this act, any moneys remaining in any reserve fund established by the Nevada industrial commission to carry out the provisions of NRS 617.480 shall revert to the source from which they originated.

      Sec. 7.  There is hereby appropriated from the general fund in the state treasury to the special silicosis fund, for the purposes of carrying out the provisions of this act from the effective date of this act until July 1, 1963, the sum of $348,000.

      Sec. 8.  NRS 617.480 is hereby repealed.

      Sec. 9.  This act shall become effective on July 1, 1961.

 

________

 

 

CHAPTER 312, AB 458

Assembly Bill No. 458–Committee on Way and Means

CHAPTER 312

AN ACT to amend NRS section 481.140, relating to the composition of the Nevada highway patrol, by increasing the number of authorized personnel of the Nevada highway patrol; and providing other matters properly relating thereto.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  NRS 481.140 is hereby amended to read as follows:

      481.140  The Nevada highway patrol shall be composed of the following personnel appointed by the director of the department of motor vehicles:

      1.  One director.

      2.  Two inspectors.

      3.  [Not] Until July 1, 1962, not more than [63] 67 additional personnel, of which [39] 42 shall be patrolmen and 18 shall be field agents for the enforcement of the provisions of chapters 482 and 706 of NRS.

      4.  On and after July 1, 1962, not more than 70 additional personnel, of which 45 shall be patrolmen and 18 shall be field agents for the enforcement of the provisions of chapters 482 and 706 of NRS.

 

________

 

 


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

ê1961 Statutes of Nevada, Page 597ê

 

CHAPTER 313, SB 247

Senate Bill No. 247–Committee on Finance

CHAPTER 313

AN ACT authorizing expenditures by various departments, boards, agencies, commissions and institutions of the state government for the fiscal years beginning July 1, 1961, and ending June 30, 1962, and beginning July 1, 1962, and ending June 30, 1963; and providing other matters properly relating thereto.

 

[Approved April 6, 1961]

 

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

do enact as follows:

 

      Section 1.  Expenditure of the following sums not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal years beginning July 1, 1961, and ending on June 30, 1962, and beginning July 1, 1962, and ending on June 30, 1963, by the various departments, boards, agencies, commissions and institutions of the state government hereinafter mentioned:

 

                                                                                                                Fiscal Year         Fiscal Year

                                                                                                                 1961-62             1962-63

State department of buildings and grounds:

      Carson City, Nevada..............................................................          $4,000               $4,000

State department of personnel....................................................        113,562             120,349

Department of purchasing:

      Administration........................................................................          73,348               73,025

      Surplus property division.....................................................          49,769               43,888

Superintendent of state printing and state printing office.....        566,725             637,725

State department of education:

      Administration........................................................................          31,657               31,914

      Federal subvention programs...............................................          76,000               66,000

      Vocational education.............................................................        254,222             254,222

      Vocational rehabilitation.......................................................          82,288               90,252

      O.A.S.I. disability determinations........................................          35,327               38,293

      National Defense Education Act.........................................          81,000               81,000

      Fleischmann scholarships.....................................................          53,615               53,615

      State distributive school fund..............................................        664,000             206,000

      Small high school study........................................................          36,104              45, 070

University of Nevada...................................................................        823,245             864,121

State library....................................................................................          53,927               50,727

State welfare department:

      Administration........................................................................        242,376             248,165

      Old-age assistance.................................................................     1,480,300          1,474,600

      Aid to dependent children....................................................     1,168,500          1,230,000

      Aid to the blind.......................................................................        103,300             107,100

      Case services concerning sight...........................................            8,346                 8,341

      Child welfare services............................................................            3,520                 4,020

      Handicapped children............................................................            2,410                 2,910

      Foster home care of children................................................          52,171               56,727

      Foster home care of Indian children....................................          44,866               45,979

      State bureau of services to the blind...................................          13,680               13,177


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

ê1961 Statutes of Nevada, Page 598 (Chapter 313, SB 247)ê

 

                                                                                                                Fiscal Year         Fiscal Year

                                                                                                                 1961-62             1962-63

Nevada state children’s home....................................................             $540                  $540

Nevada state hospital..................................................................          30,000               30,000

State department of health:

      Division of preventative medical services..........................        187,230             187,810

      Division of environmental health.........................................          49,294               49,294

      Division of crippled children’s services.............................          97,157             100,642

      Division of dental health.......................................................          30,308               30,308

      Institutional health services.................................................          33,550               38,524

      Division of hospital services................................................               700                    700

      Division of mental health services.......................................          99,022               94,022

      Venereal disease control.......................................................            9,731               10,011

Department of civil defense........................................................          19,685               19,685

Adjutant general and the Nevada National Guard..................          45,500               45,500

State department of conservation and natural resources:

      Administration........................................................................            2,400                 2,400

      Forestry division....................................................................        112,217             115,217

      Humboldt River research.......................................................            2,500                 2,500

Nevada oil and gas conservation commission.........................               500                    500

State department of agriculture:

      Division of plant industry.....................................................          14,600               14,500

      Insect pest and noxious weed control................................            3,125                 3,125

      Agricultural registration and enforcement.........................          27,717               19,212

      Apiary inspection...................................................................            3,175                 4,172

      Stock inspection.....................................................................        111,202               95,636

Colorado River commission........................................................          76,663               76,845

State board of fish and game commissioners...........................     1,445,318          1,394,919

Department of highways.............................................................   30,250,000        33,000,000

Employment security department:

      Administration........................................................................     1,671,357          1,723,217

      O.A.S.I. administration..........................................................            2,000                 2,000

Public employees’ retirement board...........................................          74,750               72,804

State board of public accountants.............................................            1,847                 1,847

State board of architecture..........................................................            2,654                 2,654

State board of examiners in the basic sciences........................            3,045                 3,165

Nevada state diary commission..................................................        110,932             110,932

Hoisting engineers examining board.........................................               315                    365

Board of medical examiners of the State of Nevada................          13,230               13,230

State board of nurse examiners...................................................            7,870                 7,870

Board of dispensing opticians....................................................               325                    325

State board of physical therapy examiners...............................               172                    172

State sheep commission..............................................................          15,600               15,700

State woolgrowers’ predatory animal committee.....................          53,581               54,472


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

ê1961 Statutes of Nevada, Page 599 (Chapter 313, SB 247)ê

 

                                                                                                                Fiscal Year         Fiscal Year

                                                                                                                 1961-62             1962-63

Nevada racing commission.........................................................          $3,000               $3,000

Nevada detective licensing board..............................................            3,158                 3,158

Department of motor vehicles, boat licensing fund................          12,053               12,484

Nevada athletic commission.......................................................            6,650                 6,650

State barbers’ health and sanitation board...............................            5,354                 5,354

State board of chiropody.............................................................                 65                      65

Nevada state board of chiropractic examiners.........................            7,250                 7,250

State contractors’ board..............................................................          60,500               63,100

State board of cosmetology........................................................          12,100               13,200

Board of dental examiners of Nevada........................................            2,740                 2,740

State board of funeral directors and embalmers.......................            1,710                 1,910

Nevada liquefied petroleum gas board......................................            5,158                 5,158

Nevada real estate commission..................................................          82,000               89,000