[Rev. 6/2/2018 11:32:37 AM]

Link to Page 176

 

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ê1963 Statutes of Nevada, Page 177 (Chapter 124, AB 169)ê

 

of the sewer system, or on any combination of any such factors, and may give weight to the characteristics of the sewage and other wastes and any other special matter affecting the cost of treatment and disposal thereof, including chlorine demand, biochemical oxygen demand, concentration of solids and chemical composition. Reasonable penalties may be fixed for any delinquencies, including, without limiting the generality of the foregoing, interest on delinquent service charges from any date due at a rate of not exceeding 1 percent per month (or fraction thereof), reasonable attorneys’ fees and other costs of collections; and

      6.  To enforce the collection of service charges determined as aforesaid, by the denial of sewer service to the property in default or by foreclosure of a lien for unpaid service charges on the property in default. A lien claim may be recorded in the office of the county recorder of the county where the property or some part thereof is situated. Such a claim shall contain the following:

      (a) A statement of demand.

      (b) The name of the owner or reputed owner, if known.

      (c) A description of the property to be charged with the lien sufficient for identification.

      The claim must be verified by the oath of the city clerk and shall be served upon the recorded owner of the property within 15 days after recording by delivering a copy to the owner personally, or if he is absent from the State of Nevada or cannot be found in the State of Nevada, by fixing a copy in a conspicuous place on the property and also delivering a copy to a person there residing, if such person can be found, and also sending a copy through the mail addressed to the owner at the address where the property is situated. Such liens shall be foreclosed by proper action in a proper court within 90 days after the same have been recorded. Such actions shall be taken in the same manner as provided for in NRS 108.200. Any lien for unpaid service charges shall attach to the property served and any improvements thereon as of the date of paying such charges and shall be prior and superior to the lien of any mortgage, deed of trust, chattel mortgage, mechanic’s lien, contract of sale, judgment lien, equitable lien, tax lien, or other encumbrance whatsoever heretofore or hereafter existing except for the lien of general (ad valorem) taxes and assessments for local improvements; and

      7.  To apply the proceeds of such rents, rates, fees, tolls and other charges or any other funds that may be in the treasury of the city and available for that purpose to the payment of the general obligation bonds herein authorized in such a manner that the general (ad valorem) tax levy or levies made to discharge such bonds may thereupon to that extent be diminished.

      Sec. 3.  1.  Each series of bonds shall be authorized by ordinance. The bonds herein authorized to be issued shall bear such date or dates, shall be in such denomination or denominations, shall mature at such time or times but in no event exceeding 35 years from their date, and in substantially equal amounts of principal, or in substantially equal amounts of principal and interest, insofar as practicable, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or at the option of the council, without limitation as to the manner in which they mature, and shall bear interest at a rate or rates not exceeding 6 percent per annum, which interest may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons appertaining to any bond may represent interest for any period not in excess of 1 year, as may be prescribed by the authorizing ordinance; and such bonds and any coupons shall be payable in such medium of payment at any banking institution, the office of the city clerk or at such other place or places within or without the state as determined by the council; and such bonds at the option of the council, may be in one or more series, may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding 6 percent of the principal amount of each bond so redeemed, shall be negotiable in form, but may provide for their registration or conversion, or both, for payment as to principal or interest, or both.


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ê1963 Statutes of Nevada, Page 178 (Chapter 124, AB 169)ê

 

or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or at the option of the council, without limitation as to the manner in which they mature, and shall bear interest at a rate or rates not exceeding 6 percent per annum, which interest may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons appertaining to any bond may represent interest for any period not in excess of 1 year, as may be prescribed by the authorizing ordinance; and such bonds and any coupons shall be payable in such medium of payment at any banking institution, the office of the city clerk or at such other place or places within or without the state as determined by the council; and such bonds at the option of the council, may be in one or more series, may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding 6 percent of the principal amount of each bond so redeemed, shall be negotiable in form, but may provide for their registration or conversion, or both, for payment as to principal or interest, or both. Such bonds, unless they be registered for payment as to interest or principal and interest, shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Such bonds shall be signed by the mayor of the city, countersigned by the city treasurer and signed and attested by the city clerk, with the seal of the city affixed thereto and coupons shall bear the facsimile signature of the city treasurer. Any of such officers, after filing with the secretary of state, his or her manual signature certified under oath, may execute or cause to be executed with a facsimile signature in lieu of his or her manual signature any bond or coupon herein authorized, provided that such a filing is not a condition of the valid execution with a facsimile signature of any interest coupon, and provided that at least one signature required or permitted to be placed on each bond (excluding any interest coupon) shall be manually subscribed. The city clerk may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile on any bond. A facsimile signature or facsimile seal shall have the same legal effect as if manually signed or impressed upon the bond or coupon. The bonds and any coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the city, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.

      2.  Any officer herein authorized or permitted to sign any bond or interest coupon, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons appertaining thereto, or upon both the bond and such coupons. The bonds shall otherwise be in such form with such recitals, terms, covenants and conditions, and with such other details as may be determined by the ordinance and shall be printed at such place or places, within or without the State of Nevada, as the council may determine, subject, however, to the following limitations and restrictions:

 


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ê1963 Statutes of Nevada, Page 179 (Chapter 124, AB 169)ê

 

and conditions, and with such other details as may be determined by the ordinance and shall be printed at such place or places, within or without the State of Nevada, as the council may determine, subject, however, to the following limitations and restrictions:

      (a) The total amount of bonds issued pursuant to the provisions of this act shall not exceed $3,990,000, but nothing in this act shall be construed as prohibiting the issuance of bonds in a lesser amount or amounts for the purposes herein authorized; and

      (b) The bonds issued pursuant to the provisions of this act may be delivered at one time or from time to time, provided that no such bonds shall be delivered after the expiration of 5 years from and after the effective date of this act.

      Sec. 4.  1.  Notwithstanding any other provision of law, the council may in any proceedings authorizing bonds hereunder:

      (a) Provide for the initial issuance of one or more bonds (in this section called “bond”) aggregating the amount of the entire issue;

      (b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable; and

      (c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal or as to principal and interest, or both, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.

      2.  The council may further make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, principal and interest, or both.

      Sec. 5.  The council is hereby authorized to sell such bonds at one time, or from time to time, as the council may determine, at public sale in accordance with NRS 350.120 to 350.160, inclusive, or at private sale, and for not less than the principal amount thereof and accrued interest to the date of delivery. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly, provided that the council may employ legal, fiscal, engineering and other expert services in connection with the improvement, extension and betterment of the municipal sewer system and in connection with the authorization, issuance and sale of such bonds.

      Sec. 6.  The general obligation bonds authorized to be issued hereunder shall be payable from general (ad valorem) taxes levied against all the taxable property in the city, including the net proceeds of mines. Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the state, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, to be levied on all such taxable property within the boundaries of the city, and without regard to any statutory or charter limitations now or hereafter existing. It shall be the duty of the council, and of any other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances of other available revenues and probable delinquencies, to assure the prompt payment of all such principal and interest as the same becomes due.


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ê1963 Statutes of Nevada, Page 180 (Chapter 124, AB 169)ê

 

with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances of other available revenues and probable delinquencies, to assure the prompt payment of all such principal and interest as the same becomes due. In any year in which the total taxes levied against the property in the city by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the state, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reductions so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied for the payment of such bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.

      Sec. 7.  The ordinance or ordinances providing for the issuance of such bonds may state that the bonds may contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance. Such ordinance or ordinances may also contain such other covenants and provisions for the protection of the bondholders as are deemed proper and appropriate by the council.

      Sec. 8.  Bonds issued hereunder, their transfer and the income therefrom, shall forever be and remain free and exempt from taxation by the state, the county and any other political subdivision of the state.

      Sec. 9.  No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal of and interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.

      Sec. 10.  This act, without reference to other statutes of the state, except as herein otherwise specifically provided, shall constitute full authority for the authorization and issuance of bonds hereunder. No other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objections and not an exclusive one, and this act shall not be construed as repealing, amending or changing any such other law.

      Sec. 11.  It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.


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ê1963 Statutes of Nevada, Page 181 (Chapter 124, AB 169)ê

 

invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.

      Sec. 12.  All contracts heretofore executed or purportedly executed, all bond elections previously held and carried, or purportedly held and carried, and all acts and all proceedings heretofore had or taken, or purportedly had or taken, by and on behalf of the city directed toward:

      1.  Improving, extending and bettering the municipal sewer system by constructing, installing and otherwise acquiring a sewage treatment plant, with equipment and appurtenances; and

      2.  The issuance of the city’s general obligation bonds for that purpose,

are hereby ratified, approved and confirmed insofar as the same may be consistent herewith.

      Sec. 13.  This act shall operate to supply such legislative authority as may be necessary to validate contracts heretofore executed by the city, any bond elections and any acts and proceedings heretofore taken appertaining to the improvements authorized hereby which the legislature could have supplied or provided for in the law under which such other contracts were executed and bond elections had and such acts or proceedings were taken; but this act shall be limited to the contracts, elections and acts and proceedings to the extent to which the same can be effectuated under the state and federal constitutions. This act, however, shall not operate to validate, ratify, approve, confirm or legalize any contract, election, act, proceedings or other matter the legality of which is being contested or inquired into in any legal proceeding now pending and undetermined, and shall not operate to confirm, validate or legalize any contract, election, act, proceedings or other matter which has heretofore been determined in any legal proceeding to be illegal, void or ineffective.

      Sec. 14.  This act being necessary to secure and preserve the public health, safety, convenience and welfare of the people of the State of Nevada, it shall be liberally construed to effect its purpose.

      Sec. 15.  If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.

      Sec. 16.  This act shall become effective upon passage and approval.

 

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ê1963 Statutes of Nevada, Page 182ê

 

CHAPTER 125, AB 146

Assembly Bill No. 146–Committee on Ways and Means

CHAPTER 125

AN ACT to amend an act entitled “An Act making appropriations from the general fund, the state highway fund, the county gas tax fund and the fish and game fund for the support of the civil government of the State of Nevada 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.

 

[Approved March 25, 1963]

 

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

do enact as follows:

 

      Section 1.  Section 61 of the above-entitled act, being chapter 316, Statutes of Nevada 1961, at page 608, is hereby amended to read as follows:

      Section 61.  [Except as otherwise provided by law:

      (a)]1.  On July 1, 1962, any unexpended balances of the appropriations herein made for the fiscal year beginning July 1, 1961, and ending June 30, 1962, shall revert to the fund from which appropriated.

      [(b) On July 1, 1963, any unexpended balances of the appropriations herein made for the fiscal year beginning July 1, 1962, and ending June 30, 1963, shall revert to the fund from which appropriated.]

      2.  After June 30, 1963, unexpended balances of the appropriations herein made for the fiscal year beginning July 1, 1962, and ending June 30, 1963, shall not be encumbered or committed for expenditure and, except as otherwise provided in subsection 3 of this section, shall revert to the fund from which appropriated on September 1, 1963.

      3.  If on September 1, 1963, any unexpended balance remains of the moneys appropriated to:

      (a) The statute revision commission by section 18 of this act, such unexpended balance shall not revert to the general fund but shall be transferred by the state controller to the statute revision commission printing and binding fund as provided by NRS 220.150.

      (b) The Western Regional Higher Education Compact fund by section 27 of this act, such unexpended balance shall not revert to the general fund but shall continue as a part of the Western Regional Higher Education Compact fund pursuant to statute.

      (c) The state welfare department by section 32 of this act and allocated to the aid to the blind medical and remedial care fund and to the old-age assistance medical and remedial care fund, such unexpended balance shall not revert to the general fund but shall continue as a part of the aid to the blind medical and remedial care fund and the old-age assistance medical and remedial care fund as provided by subsection 2 of NRS 426.115 and subsection 2 of NRS 427.155.

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

 

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ê1963 Statutes of Nevada, Page 183ê

 

CHAPTER 126, AB 131

Assembly Bill No. 131–Committee on Ways and Means

CHAPTER 126

AN ACT appropriating the sum of $1,057.52 from the state highway fund to pay a special claim for electricity furnished by the United States Air Force.

 

[Approved March 25, 1963]

 

      Whereas, The department of highways is indebted to the Department of the Air Force, United States of America, for electricity furnished the department of highways from 1956 to 1961; and

      Whereas, Charges incurred in previous years cannot be paid out of current operating funds and legislative action is necessary before this claim can be paid; now, therefore,

 

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

do enact as follows:

 

      Section 1.  There is hereby appropriated from the state highway fund the sum of $1,057.52 for the payment of a claim for electricity furnished by the Department of the Air Force, United States of America. The state controller is hereby directed to draw his warrant for the sum of $1,057.52 payable to the order of the Department of the Air Force, United States of America, and the state treasurer is hereby directed to pay such warrant.

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

 

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CHAPTER 127, AB 128

Assembly Bill No. 128–Committee on Ways and Means

CHAPTER 127

AN ACT to amend chapter 331 of NRS, relating to the state department of buildings and grounds, by adding a new section creating a central telephone working capital fund; and by providing for the sources of the fund; appropriating $20,250 to the fund; and providing other matters properly relating thereto.

 

[Approved March 25, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 331 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The central telephone working capital fund is hereby created in the state treasury in the amount of $20,250. The central telephone working capital fund shall be a continuing fund and no moneys in such fund shall revert to the general fund at any time. Moneys from the central telephone working capital fund shall be paid out on claims as other claims against the state are paid. Such claims shall be approved by the superintendent of the state department of buildings and grounds.


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ê1963 Statutes of Nevada, Page 184 (Chapter 127, AB 128)ê

 

grounds. Claims shall be made in accordance with budget and quarterly work allotments subject to preaudit examination and approval.

      2.  All revenue resulting from both direct and pro rata charges to state officers, departments and agencies for telephone service shall be deposited in the central telephone working capital fund.

      3.  The formula for spreading costs of operation shall be adjusted from time to time to preserve the fund at the level provided in subsection 1 as nearly as is practicable.

      Sec. 2.  There is hereby appropriated from the general fund in the state treasury to the central telephone working capital fund the sum of $20,250.

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

 

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CHAPTER 128, AB 51

Assembly Bill No. 51–Washoe County Delegation (by request)

CHAPTER 128

AN ACT to amend NRS section 258.150, relating to fees of constables of the townships in Washoe County, by increasing some of such fees; and by providing other matters properly relating thereto.

 

[Approved March 25, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 258.150 is hereby amended to read as follows:

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

 

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

For summoning a jury before a justice of the peace in civil cases   [1.00]................................................................................................ 2.00

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

For serving attachment against the property of any defendant [1.00] 2.00

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

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

For a copy of any writ, process or other paper when required by law, per folio........................................................................................ [.50]         .20

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

For drawing and executing every constable’s deed, to be paid by the grantee, who shall also pay for the acknowledgment thereof    [2.00]................................................................................................ 5.00

For each certificate of sale of real property, under execution..... 1.00 For levying an execution, or executing an order of arrest in civil cases, or order for the delivery of personal property.................................................................. [$1.00]  $2.00

 


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ê1963 Statutes of Nevada, Page 185 (Chapter 128, AB 51)ê

 

For levying an execution, or executing an order of arrest in civil cases, or order for the delivery of personal property................. [$1.00]    $2.00

For making and posting notices of sale, on execution, not to include the cost of publication in newspapers, each.......................... [.50]      2.00

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

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

 

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

      3.  All fees shall be accounted for and paid over monthly, not later than the 5th day of the month next succeeding the month in which such fees are collected, by the constable to the county treasurer of Washoe County, unless the board of county commissioners of Washoe County shall direct otherwise.

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

 

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CHAPTER 129, AB 101

Assembly Bill No. 101–Washoe County Delegation (by request)

CHAPTER 129

AN ACT to amend NRS section 247.270, relating to fees of the county recorder of Washoe County, by establishing fees to be charged by the Washoe County recorder for photostatic recording of documents, instruments or papers; and by providing other matters properly relating thereto.

 

[Approved March 25, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 247.270 is hereby amended to read as follows:

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

 

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

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

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

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

For recording any instrument, paper or document, for each folio             .20 For photostatic recording of any instrument, paper or document, for the first photostated page..........   $0.75

 


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ê1963 Statutes of Nevada, Page 186 (Chapter 129, AB 101)ê

 

For photostatic recording of any instrument, paper or document, for the first photostated page................................................................     $0.75

For each additional photostated page or part of a page          ..................................................................................... .50

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

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

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

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

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

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

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

For recording certificates of marriage, death, divorce or birth....          .50

For copying of any document or record in his office, for each folio         ................................................................................................... .20

For taking acknowledgment, including certificate and seal, for the first signature.......................................................................................          .75

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

 

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

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

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

      5.  The county recorder shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which he may retain as compensation.

 

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ê1963 Statutes of Nevada, Page 187ê

 

CHAPTER 130, SB 68

Senate Bill No. 68–Committee on Judiciary

CHAPTER 130

AN ACT to amend Title 54 of NRS, relating to professions, occupations and businesses, by creating a new chapter establishing the board of psychological examiners; providing for certification of psychologists; defining terms; providing for appointment, qualifications and terms of members of the board and for its powers, duties and employees; providing for examinations, qualification without examination and fees; creating a formal liaison committee of members of the board of psychological examiners and the board of medical examiners and stating the purposes of such committee; and providing exceptions and penalties; to amend chapter 48 of NRS, relating to witnesses, by providing for the protection of confidential communications between psychologist and client; and providing other matters properly relating thereto.

 

[Approved March 25, 1963]

 

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

do enact as follows:

 

      Section 1.  Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 1 to 45, inclusive, of this act.

      Sec. 2.  The practice of psychology is hereby declared to be a learned profession, affecting public safety and welfare and charged with the public interest, and therefore subject to protection and regulation by the state.

      Sec. 3.  Unless otherwise indicated by the context, words and phrases or variants thereof employed in this chapter shall be construed and given meanings, for the purpose of this chapter, in accordance with the following definitions:

      1.  “Board” means the board of psychological examiners.

      2.  “Certificate” means a certificate of registration as a psychologist.

      3.  “Certificatee” means a person certified as a psychologist by the board.

      4.  “Person” means any individual, partnership, association or corporation.

      5.  “Practice of psychology” means the application of established principles of learning, motivation, perception, thinking and emotional relationships to problems of personnel evaluation, group relations and behavior adjustment by persons trained in psychology. The application of such principles includes, but is not restricted to:

      (a) Counseling and the use of psychotherapeutic measures with persons or groups with adjustment problems in the areas of work, family, school or personal relationships.

      (b) Measuring and testing of personality, intelligence, aptitudes, emotions, public opinion, attitudes and skills.

      (c) Doing research on problems relating to human behavior.

      6.  “Psychologist” means a person who describes himself, or his services, to the public by any title or description which incorporates the word “psychological,” “psychologist” or “psychology,” and under such title offers to render or renders services to individuals, partnerships, associations, corporations or other members of the public for remuneration.


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ê1963 Statutes of Nevada, Page 188 (Chapter 130, SB 68)ê

 

such title offers to render or renders services to individuals, partnerships, associations, corporations or other members of the public for remuneration.

      Sec. 4.  There is hereby created the board of psychological examiners which shall administer and enforce the provisions of this chapter.

      Sec. 5.  The board shall consist of five members appointed by the governor. The governor shall appoint the members of the board from any persons qualified under the provisions of this chapter. In appointing the members, the governor shall use his judgment to select psychologists who represent as widely as possible the varied professional interests of psychologists in Nevada. For his guidance in making appointments, the governor may request lists of qualified psychologists from the Nevada Psychological Association.

      Sec. 6.  1.  Of the members first appointed, one shall be appointed for 1 year, one for 2 years, one for 3 years, and two for 4 years. Thereafter all members shall be appointed for terms of 4 years. Members shall serve until their successors have been appointed and have qualified.

      2.  Vacancies on the board shall be filled by appointment by the governor for the unexpired term.

      Sec. 7.  No person shall be eligible for appointment or to hold office as a member of the board unless he is:

      1.  A citizen of the United States.

      2.  A resident of Nevada.

      3.  A certified psychologist under the provisions of this chapter, except for members of the first appointed board, who shall be residents of Nevada holding a doctoral degree in psychology from an institution whose credits are acceptable to the University of Nevada.

      Sec. 8.  The board shall hold a regular meeting at least once a year. The board shall hold a special meeting upon a call of the president or upon a request by a majority of the members. Four members of the board shall constitute a quorum.

      Sec. 9.  At the regular annual meeting, the board shall elect from its membership a president and a secretary-treasurer, who shall hold office for 1 year and until the election and qualification of their successors.

      Sec. 10.  1.  The secretary-treasurer shall make and keep, on behalf of the board, the following:

      (a) A record of all meetings and proceedings.

      (b) A record of all violations and prosecutions under the provisions of this chapter.

      (c) A record of all examinations of applicants.

      (d) A register of all certificates.

      (e) A register of all certificate holders.

      (f) An inventory of the property of the board and of the state in the board’s possession.

      2.  All records of the board shall be kept in the office of the board and shall be subject to public inspection, during normal working hours, upon reasonable notice.


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

ê1963 Statutes of Nevada, Page 189 (Chapter 130, SB 68)ê

 

      Sec. 11.  The board may make and promulgate rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and certification of applicants, the granting, refusal, revocation or suspension of certificates, and the practice of psychology.

      Sec. 12.  The board may, under the provisions of this chapter:

      1.  Examine and pass upon the qualifications of the applicants for certification.

      2.  Certify qualified applicants.

      3.  Revoke or suspend certificates.

      4.  Collect all fees and make disbursements pursuant to this chapter.

      Sec. 13.  The board shall determine which schools in and out of this state do or do not have courses of study for the preparation of psychologists which are sufficient and thorough for certification purposes. Published lists of educational institutions accredited by recognized accrediting organizations may be used in the evaluation of such courses of study.

      Sec. 14.  The board may administer oaths and take testimony in connection with the exercise of other powers conferred upon it in this chapter.

      Sec. 15.  1.  A member of the board shall be entitled to receive as compensation the sum of $15 for each day actually spent in the performance of his duties as such, and shall also be entitled to receive his necessary actual expenses in going to, attending and returning from meetings.

      2.  Compensation and expenses of members shall be payable out of the funds derived from fees, fines and penalties paid or transmitted to the board under provisions of this chapter, and no part thereof shall ever be paid out of the state treasury.

      Sec. 16.  1.  No person shall represent himself as a psychologist within the meaning of this chapter unless he is certified under the provisions of this chapter, except that any psychological scientist employed by an accredited educational institution or public agency which has set explicit standards may represent himself by the title conferred upon him by such institution or agency.

      2.  Nothing contained in this section shall be construed as granting approval for any person to offer his services as a psychologist to any other person as a consultant, and to accept remuneration for such psychological services, other than that of his institutional salary, unless he has been certified under the provisions of this chapter.

      3.  A student of psychology, a psychological intern, and any other person preparing for the profession of psychology under the supervision of a qualified psychologist in training institutions or facilities recognized by the board may be designated by the title “psychology trainee,” or any other title which clearly indicates his training status.

      Sec. 17.  1.  Nothing in this chapter shall in any way restrict the use of the term “social psychologist” by any person who has received a doctoral degree in sociology from an institution whose credits in sociology are acceptable to the University of Nevada, and who has passed comprehensive examinations in the field of social psychology as a part of the requirements for the doctoral degree, or has had equivalent specialized training in social psychology, and who has notified the board of his intention to use the term “social psychologist” and filed a statement of the fact demonstrating his compliance with this section.


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

ê1963 Statutes of Nevada, Page 190 (Chapter 130, SB 68)ê

 

passed comprehensive examinations in the field of social psychology as a part of the requirements for the doctoral degree, or has had equivalent specialized training in social psychology, and who has notified the board of his intention to use the term “social psychologist” and filed a statement of the fact demonstrating his compliance with this section.

      2.  Nothing in this chapter shall be construed to prevent any person from using psychological tests or techniques if such person does not represent himself as a psychologist.

      Sec. 18.  A psychologist, not a resident of Nevada and not certified in Nevada, who is certified in another state whose requirements for certification are equivalent to the requirements of this chapter shall not be subject to the provisions of this chapter if he does not practice psychology in the State of Nevada for over 30 days in any 1 calendar year, and if he is invited as a consultant by a psychologist certified in Nevada.

      Sec. 19.  No person, other than a person certified under this chapter, may employ or use the title “psychologist,” or the words “psychological” or “psychology” in connection with his work, or in any way imply that he is certified by the board, unless he is certified under this chapter, except as specified in sections 16, 17 and 18 of this chapter.

      Sec. 20.  1.  Nothing in this chapter shall authorize the administration or prescription of drugs, or authorize any person to engage in any manner in the practice of medicine or optometry as defined in the laws of this state. A psychologist who engages in psychological therapy, commonly called psychotherapy, shall perform such services under the direct supervision of or in genuine collaboration with a qualified physician. In the event of suspected violation of this section by any person certified under this chapter, the board of medical examiners of the State of Nevada may conduct an investigation to determine the facts surrounding the alleged violation. To assist the board of medical examiners in this investigation, the board of psychological examiners shall make available to the board of medical examiners any information in its possession bearing upon the alleged violation. Upon finding that a violation has in fact occurred, the board of medical examiners may either:

      (a) Recommend appropriate disciplinary action to the board of psychological examiners; or

      (b) Initiate appropriate action in a court of law.

      2.  The board of medical examiners of the State of Nevada is empowered to review the application and any supporting documentation of a certificatee’s qualifications which have been submitted to the board of psychological examiners, or any other evidence bearing upon a certificatee’s qualifications to be certified as a psychologist in the State of Nevada, and may, on the basis of its review, recommend to the board of psychological examiners the suspension or revocation of the certificate of any certificatee deemed to be unqualified by the board of medical examiners. Upon such recommendation, the board of psychological examiners must review the certificatee’s credentials to determine whether the certificate of the certificatee in question should be suspended or revoked or remain in effect.


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

ê1963 Statutes of Nevada, Page 191 (Chapter 130, SB 68)ê

 

to determine whether the certificate of the certificatee in question should be suspended or revoked or remain in effect.

      Sec. 21.  Each person desiring a certificate shall make application to the board upon a form, and in a manner, prescribed by the board. The application shall be accompanied by the application fee prescribed by the board.

      Sec. 22.  Each applicant shall furnish evidence satisfactory to the board that he:

      1.  Is at least 21 years of age.

      2.  Is of good moral character.

      3.  Is a citizen of the United States, or has declared his intention of becoming a citizen.

      4.  Has received a doctorate in psychology from an educational institution approved by the board, or has training deemed equivalent by the board in both subject matter and extent of training.

      5.  Has at least 1 year of post-doctoral experience satisfactory to the board.

      Sec. 23.  Each applicant for a certificate shall be given a written examination by the board on his knowledge of psychology. In addition, the board may require an oral examination. The examination shall be given at least once a year, and may be given more often if deemed necessary by the board. The examination shall be given at a time and place, and under such supervision, as the board may determine. A grade of 75 percent shall be a passing grade. The board may examine in whatever applied or theoretical fields it deems appropriate.

      Sec. 24.  The board may grant a certificate without any examination to any person certified or licensed by a board of psychological examiners of another state if the board determines that the requirements in such state are at least equivalent to the requirements of this chapter.

      Sec. 25.  Persons subject to the provisions of this chapter shall not be subject to the provisions of chapter 629 of NRS.

      Sec. 26.  1.  The board shall waive examination and grant a certificate to any applicant who:

      (a) Has applied in writing to the board not later than July 1, 1964.

      (b) Is a legal resident of this state and has been principally employed in or has practiced psychology in this state for at least 1 year immediately prior to July 1, 1964.

      (c) Meets the requirements of subsections 1, 2, 3 and 4 of section 22 of this act.

      (d) Has:

             (1) A doctorate degree in psychology from an educational institution approved by the board, or a doctorate degree deemed equivalent by the board in both subject matter and extent of training, and has had at least 2 years of professional experience considered qualifying by the board; or


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

ê1963 Statutes of Nevada, Page 192 (Chapter 130, SB 68)ê

 

             (2) A master’s degree in psychology from an educational institution approved by the board and at least 5 years of professional experience subsequent to the degree considered qualifying by the board.

      (e) Pays to the board the certification fee required by this chapter.

      2.  All professional experience considered qualifying by the board shall have been accumulated no later than 1 year following the effective date of this chapter.

      Sec. 27.  Every person certified by the board shall be required to submit biennially a completed registration form and pay the biennial registration fee provided for in this chapter.

      Sec. 28.  The board shall refuse to grant a certificate, or shall suspend or revoke a certificate, for any of the following reasons:

      1.  Conviction of a felony, or of any offense involving moral turpitude, the record of conviction being conclusive evidence thereof. The board may inquire into the circumstances surrounding the commission of the offense in order to fix the degree of discipline advisable, or to determine if such a conviction is an offense involving moral turpitude.

      2.  Habitual drunkenness or addiction to the use of morphine, opium, cocaine or other drugs having a similar effect.

      3.  Impersonating a certified psychologist or allowing another person to use his certificate.

      4.  Using fraud or deception in applying for a certificate or in passing the examination provided for in this chapter.

      5.  Accepting commissions, rebates or other forms of remuneration for referring clients to other professional persons.

      6.  Rendering or offering to render services outside the area of his training, experience or competence.

      7.  Committing unethical practices contrary to the interest of the public as deemed by the board.

      8.  Entering into nonprofessional relationships with clients as deemed by the board.

      9.  Unprofessional conduct as deemed by the board.

      Sec. 29.  The board may discipline the holder of any certificate, whose default has been entered or who has been heard by the board and found guilty, by any of the following methods:

      1.  Placing him upon probation for a period to be determined by the board.

      2.  Suspending his certificate for a period not exceeding 1 year.

      3.  Revoking his certificate.

      Sec. 30.  A complaint may be made against a certificatee by an agent or inspector employed by the board, any other certificatee or any aggrieved person, charging one or more of the causes for which such certificate may be revoked or suspended with such particularity as to enable the defendant to prepare a defense thereto.

      Sec. 31.  A complaint shall be made in writing and shall be signed and verified by the person making it. The original complaint and two copies shall be filed with the secretary-treasurer.

      Sec. 32.  As soon as practicable after the filing of a complaint, the board shall fix a date for the hearing thereof, which date shall be not less than 30 days thereafter. The secretary-treasurer shall immediately notify the defendant certificatee of the complaint and the date and place fixed for the hearing thereof.


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

ê1963 Statutes of Nevada, Page 193 (Chapter 130, SB 68)ê

 

notify the defendant certificatee of the complaint and the date and place fixed for the hearing thereof. A copy of the complaint shall be attached to the notice.

      Sec. 33.  The hearing of a complaint shall be conducted publicly by the board. The defendant certificatee shall be accorded the right to appear in person and by legal counsel, and shall be given adequate opportunity to confront the witnesses against him, to testify and introduce the testimony of witnesses in his behalf, and to submit argument and brief in person or by his counsel.

      Sec. 34.  Upon conclusion of the hearing, or as soon as practicable thereafter, the board shall make and announce its decision.

      Sec. 35.  If the board revokes or suspends a certificate for a fixed time, the certificatee may apply for a rehearing within 10 days and the board may grant such application within 30 days thereafter.

      Sec. 36.  If the board grants a rehearing, the secretary-treasurer shall immediately notify the certificatee of the date and place which the board has fixed for the rehearing, which date shall not be less than 10 days thereafter. The hearing shall be conducted in the same manner as the former hearing. Upon conclusion thereof, or as soon as practicable thereafter, the board shall make and announce its decision.

      Sec. 37.  One year from the date of a revocation of a certificate, application may be made to the board for reinstatement. The board shall have complete discretion to accept or reject an application for reinstatement and may require an examination for such reinstatement.

      Sec. 38.  The adjudication of insanity or mental illness or the voluntary commitment or admission to a hospital of any certificatee for mental illness shall operate as a suspension of the right to practice of such certificatee, and such suspension shall continue until the certificate is restored by action of the board. The board shall not restore such certificate until it receives competent evidence of the certificatee’s fitness to resume his practice.

      Sec. 39.  Each person holding a certificate as a psychologist in this state shall pay a biennial registration fee to the board on or before the 1st day of January of each odd-numbered year.

      Sec. 40.  Failure to pay the biennial registration fee shall automatically effect a revocation of the certificate after a period of 60 days from the 1st day of January of each odd-numbered year. The certificate shall not be restored except upon written application and the payment of the biennial registration fee and the delinquency fee required by this chapter.

      Sec. 41.  After a certificate of a certificatee has lapsed for a continuous period of 5 years, such certificatee applying for reinstatement of a certificate, shall reapply for certification under the laws and regulations in effect at the time of reapplication, his previous certification notwithstanding.

      Sec. 42.  The amount of the fees payable to the board pursuant to this chapter shall be fixed by the board according to the following schedule:


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

ê1963 Statutes of Nevada, Page 194 (Chapter 130, SB 68)ê

 

1.  Examination fee...............................................................................     $25

2.  Certification fee...............................................................................       15

3.  Biennial registration fee, not less than $20 or more than $80, as determined by the board.

4.  Restoration of a certificate revoked for nonpayment of the biennial registration fee, not less than $20 nor more than $80, as determined by the board.

5.  Application fee...............................................................................       10

6.  Certification by endorsement under the provisions of section 24 of this act................................................................................................       50

 

      Sec. 43.  All moneys coming into possession of the board shall be kept or deposited by the secretary-treasurer in banks or savings and loan associations in the State of Nevada to be expended for payment of compensation and expenses of board members and for other necessary or proper purposes in the administration of this chapter.

      Sec. 44.  Any person who violates any of the provisions of this chapter or, having had his certificate suspended or revoked, continues to represent himself as a psychologist, is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than 6 months or by a fine of not more than $500, or by both such fine and imprisonment. Each violation shall be deemed a separate offense.

      Sec. 45.  1.  Two members of the board of psychological examiners and two members of the board of medical examiners shall be appointed by the respective boards to serve as members of a formal liaison committee. The terms of appointment for members of the committee shall coincide with their terms of appointment on their respective boards of examiners. When a vacancy on the committee occurs, the board of examiners which appointed the vacating member shall appoint his successor.

      2.  The committee shall meet in formal session at least once a year and at such additional times as shall be requested by the board of psychological examiners or the board of medical examiners.

      3.  The purpose of the committee is to:

      (a) Discuss problems of concern to the two professions;

      (b) Coordinate their activities; and

      (c) Assure the protection of the public.

      4.  Members of the committee shall have:

      (a) Access to the records of the board of psychological examiners;

      (b) The right to attend meetings of the board of psychological examiners; and

      (c) The right to make recommendations to both boards to further interprofessional relationships between the two professions and to assure the protection of the public.

      Sec. 46.  Chapter 48 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The confidential relations and communications between a psychologist certified under the laws of this state and his client, necessary in rendering psychological services, are placed on the same basis as those provided by law between attorney and client, and nothing in the laws of this state shall be construed to require any such privileged communications to be disclosed.


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

ê1963 Statutes of Nevada, Page 195 (Chapter 130, SB 68)ê

 

in rendering psychological services, are placed on the same basis as those provided by law between attorney and client, and nothing in the laws of this state shall be construed to require any such privileged communications to be disclosed.

 

________

 

 

CHAPTER 131, AB 371

Assembly Bill No. 371–Committee on Ways and Means

CHAPTER 131

AN ACT appropriating the sum of $10,000 from the general fund in the state treasury to the Nevada centennial fund.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  There is hereby appropriated from the general fund in the state treasury the sum of $10,000 to the Nevada centennial fund, created pursuant to the provisions of section 5 of chapter 206, Statutes of Nevada 1961.

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

 

________

 

 

CHAPTER 132, AB 359

Assembly Bill No. 359–Mr. Giomi

CHAPTER 132

AN ACT to amend an act entitled “An Act to incorporate the Town of Yerington, in Lyon County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 14, 1907, as amended.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  Section 11 of the above-entitled act, being chapter 72, Statutes of Nevada 1907, as amended by chapter 91, Statutes of Nevada 1931, at page 150, is hereby amended to read as follows:

      Section 11.  The councilmen elected under this charter shall possess the qualifications hereinbefore required, and shall be chosen [, two from each ward,] and elected to serve for four years from and after the date of their election, or until their several successors shall be duly elected and qualified; provided, that at the election [first following the approval of this act a long- and short-term councilman shall be elected from each ward, the short-term councilman to serve for a term of two years and the long term to be for a period of four years.]


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

ê1963 Statutes of Nevada, Page 196 (Chapter 132, AB 359)ê

 

years.] to be held on May 7, 1963, two councilmen will be elected to serve for four years, and at the election to be held on the first Tuesday after the first Monday in May 1965, two councilmen will be elected to serve for four years.

      Sec. 2.  Section 3 of the above-entitled act, being chapter 72, Statutes of Nevada 1907, at page 151, is hereby repealed.

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

 

________

 

 

CHAPTER 133, SB 205

Senate Bill No. 205–Committee on Judiciary

CHAPTER 133

AN ACT to amend NRS section 284.350, relating to annual leave of state employees, by providing that accumulated annual leave in excess of 30 days shall be forfeited on January 1 of each year; and by providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 284.350 is hereby amended to read as follows:

      284.350  1.  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. Any annual leave in excess of 30 working days shall be used prior to January 1 of the year following the year in which the annual leave in excess of 30 working days is accumulated or the amount of annual leave in excess of 30 working days shall be forfeited on such date. 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.

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

      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.


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

ê1963 Statutes of Nevada, Page 197 (Chapter 133, SB 205)ê

 

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

 

________

 

 

CHAPTER 134, AB 238

Assembly Bill No. 238–Committee on Fish and Game

CHAPTER 134

AN ACT to amend chapter 503 of NRS, relating to the regulation of hunting, fishing and trapping, and to other wildlife protective measures, by adding a new section making it unlawful to hunt waterfowl without carrying a federal migratory bird hunting stamp; and providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 503 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      No person subject to the federal migratory bird hunting stamp tax shall hunt any migratory waterfowl unless at the time of such hunting he carries on his person an unexpired federal migratory bird hunting stamp validated by his signature written by himself in ink across the face of the stamp prior to his hunting such birds. Any person who violates the provisions of this section is guilty of a misdemeanor.

 

________

 

 

CHAPTER 135, AB 170

Assembly Bill No. 170–Mr. Bishop

CHAPTER 135

AN ACT to amend chapter 244 of NRS, relating to county government, by authorizing boards of county commissioners to create by ordinance the office of county coroner; to amend NRS sections 259.010 and 451.010, relating to coroners’ districts and to the dissection of human bodies, by providing that the chapter on coroners and coroners’ districts shall not apply to coroners appointed pursuant to county ordinances; and providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The boards of county commissioners shall have the power and jurisdiction in their respective counties to create by ordinance the office of county coroner, to prescribe his qualifications and duties and to make appointments to such office.


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

ê1963 Statutes of Nevada, Page 198 (Chapter 135, AB 170)ê

 

      2.  Any coroner so appointed shall be governed exclusively by the ordinances pertaining to such office which may be enacted by the board of county commissioners, and the provisions of chapter 259 of NRS shall not be applicable.

      Sec. 2.  NRS 259.010 is hereby amended to read as follows:

      259.010  Every township in this state is hereby made a coroner’s district [.] , except that the provisions of this chapter shall not apply in any case where a coroner is appointed pursuant to the provisions of section 1 of this act.

      Sec. 3.  NRS 451.010 is hereby amended to read as follows:

      451.010  1.  The right to dissect the dead body of a human being shall be limited to cases:

      (a) Specially provided by statute or by the direction or will of the deceased.

      (b) Where a coroner is authorized under NRS 259.050 or an ordinance enacted pursuant to section 1 of this act to hold an inquest upon the body, and then only as he may authorize dissection.

      (c) Where the husband, wife or next of kin charged by law with the duty of burial shall authorize dissection for the purpose of ascertaining the cause of death, and then only to the extent so authorized.

      2.  Every person who shall make, cause or procure to be made any dissection of the body of a human being, except as provided in subsection 1, shall be guilty of a gross misdemeanor.

 

________

 

 

CHAPTER 136, AB 98

Assembly Bill No. 98–Committee on Banking, Insurance and Corporations

CHAPTER 136

AN ACT to amend chapter 684 of NRS, relating to insurance brokers, agents and solicitors, by adding a new section providing that funds received by the broker, agent or solicitor, surplus line broker, motor club agent or bail agent or solicitor as premiums or return premiums are held by him in his fiduciary capacity, and shall be remitted to the insurer or person entitled thereto within 15 days or maintained in a separate depository or account; and providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 684 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  All funds received by any person acting as an insurance agent, broker or solicitor, surplus line broker, motor club agent, or bail agent or solicitor, as premium or return premium on or under any policy of insurance or undertaking of bail, are received and held by such person in his fiduciary capacity. Any such person who diverts or appropriates such fiduciary funds to his own use is guilty of embezzlement.


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

ê1963 Statutes of Nevada, Page 199 (Chapter 136, AB 98)ê

 

      2.  This section applies to any person licensed, whether under a permanent license, restricted license, temporary license or certificate of convenience, to act in any of the capacities specified in subsection 1. If any fiduciary funds enumerated in subsection 1 and held for one or more principals are maintained in accordance with paragraph (b) of this subsection, such funds for other principals may be held and remitted in accordance with paragraph (a) of this subsection. Otherwise, each such person who does not make immediate remittance of all funds received as premium to the insurer entitled thereto shall elect and follow with respect to such funds one of the following methods:

      (a) Remit premiums, less commissions, and return premiums received or held by him to the insurer or the person entitled thereto within 15 days after the receipt thereof; or

      (b) Maintain such fiduciary funds at all times in a bank account or depository separate from any other account or depository, in an amount at least equal to the premiums and return premiums, net of commissions, received by him and unpaid to the persons entitled thereto or, at their direction or pursuant to written contract, for the account of the persons entitled thereto. Such person may commingle with such fiduciary funds in such account or depository such additional funds as he may deem prudent for the purpose of advancing premiums, establishing reserves for the paying of return commissions, or for such contingencies as may arise in his business of receiving and transmitting premium or return premium funds. Such person may commingle the funds of any principal with his own funds to an unlimited extent, if such principal in writing specifically waives the segregation requirements of this subsection. Commingling of funds as herein permitted shall not alter the fiduciary nature of such premium or return premium funds.

 

________

 

 

CHAPTER 137, AB 94

Assembly Bill No. 94–Committee on Banking, Insurance and Corporations

CHAPTER 137

AN ACT to amend chapter 686 of NRS, relating to general insurance provisions, by adding a new section providing that an insurer proposing to use a name on an underwriter’s policy differing from that of the insurer shall file an application with the commissioner of insurance for his approval, and pay a fee of $25; and by providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 686 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  An insurer proposing to issue an underwriter’s policy, or any policy under a name differing from that of the insurer, shall first file an application for approval and registration of the name or title under which the policy is to be issued with the commissioner.


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

ê1963 Statutes of Nevada, Page 200 (Chapter 137, AB 94)ê

 

policy under a name differing from that of the insurer, shall first file an application for approval and registration of the name or title under which the policy is to be issued with the commissioner. The commissioner may reject any name so submitted if it is the same as or deceptively similar to one already authorized, or if it is likely to mislead the public in any respect. In such case the application may be amended to submit another or other names.

      2.  The commissioner shall charge and collect in advance a fee of $25, as provided for in NRS 686.020, for filing an application for approval and registration of such name or title, or for filing any amendment thereto.

      3.  An underwriter’s policy may be issued under a name thus registered and shall clearly show:

      (a) The names of the insurers guaranteeing it.

      (b) The severalty of the contract.

      (c) The proportion of the premium to be paid to each insurer.

      (d) The proportion of liability which each assumes.

 

________

 

 

CHAPTER 138, AB 303

Assembly Bill No. 303–Clark County Delegation

CHAPTER 138

AN ACT to amend NRS section 247.190, relating to county recorders, by providing that all instruments shall have the names of all signers thereto typed or printed underneath their signatures, or that an affidavit be filed giving the correct spelling of such signatures prior to recording; and by providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 247.190 is hereby amended to read as follows:

      247.190  1.  Every instrument of writing acknowledged or proved and certified and recorded in the manner prescribed in this chapter shall, from the time of filing the same with the county recorder of the proper county for record, impart notice to all persons of the contents thereof, and all third parties shall be deemed to purchase and take with notice.

      2.  All instruments filed for recordation with the recorder shall have typed or legibly printed the names of all signers thereon, excluding those of the acknowledging officers and witnesses, beneath the original signatures. If such an instrument does not contain such typed or printed names, the recorder shall accept such instrument for recordation if accompanied by an affidavit, for recordation with the instrument, correctly spelling in legible print or type the signatures appearing on such instrument. This requirement shall not apply to military discharges or military instruments, to wills or court records, or to any instrument dated prior to July 1, 1963.


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

ê1963 Statutes of Nevada, Page 201 (Chapter 138, AB 303)ê

 

instrument dated prior to July 1, 1963. Failure to print or type signatures as provided in this subsection shall not invalidate the instrument.

      3.  Every instrument of writing filed, but not for recordation, as permitted by law, shall from the time of filing of the same with the county recorder of the proper county impart notice to all persons of the contents thereof, and all third parties shall be deemed to purchase and take with notice.

 

________

 

 

CHAPTER 139, AB 81

Assembly Bill No. 81–Committee on Banking, Insurance and Corporations

CHAPTER 139

AN ACT to amend NRS section 692.060, relating to classification of group accident and health insurance, by adding thereto a classification for group policies issued to creditors insuring a group of debtors; and by providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 692.060 is hereby amended to read as follows:

      692.060  Any company authorized to do the business of accident and health insurance in this state may issue group policies insuring against bodily injury or death caused by accident or by accidental means or against sickness, or both, coming within any of the following classifications:

      1.  A policy issued to an employer, who shall be deemed the policyholder, insuring at least five employees of such employer for the benefit of persons other than the employer, or to the trustees of a fund established by two or more employers or by one or more labor unions, or by one or more employers and one or more labor unions, which trustees shall be deemed the policyholder, insuring at least 25 employees of such employers or members of such union or both for the benefit of persons other than the trustees, employers or unions. “Employees” as used in this subsection shall be deemed to include the officers, managers and employees of the employer, the partners, if the employer is a partnership, the officers, managers and employees of subsidiary or affiliated corporations of a corporation employer, and the individual proprietors, partners and employees of individuals and firms, the business of which is controlled by the insured employer through stock ownership, contract or otherwise. “Employer” as used in this subsection may be deemed to include any municipal or governmental corporation, unit, agency or department thereof and the proper officers, as such, of any unincorporated municipality or department thereof, as well as private individuals, partnerships and corporations.

      2.  A policy issued to an association which has a constitution and bylaws and which has been organized and is maintained in good faith for purposes other than that of obtaining insurance, insuring at least 25 members of the association for the benefit of persons other than the association or its officers or trustees as such.


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

ê1963 Statutes of Nevada, Page 202 (Chapter 139, AB 81)ê

 

for purposes other than that of obtaining insurance, insuring at least 25 members of the association for the benefit of persons other than the association or its officers or trustees as such.

      3.  A policy issued to any common carrier of passengers, insuring all persons who may become passengers of such carrier or all of any class or classes thereof determined by the means of transportation used by the insured class or classes, insuring against bodily injury or death either while or as a result of being such passengers.

      4.  A policy issued to a college, school or other institution of learning or to the head or principal thereof, insuring students, or students and employees, of such institution.

      5.  A policy issued to or in the name of any volunteer fire department, insuring all of the members of such department against any one or more of the hazards to which they are exposed by reason of such membership.

      6.  A policy issued to a creditor insuring a group of debtors, as defined in NRS 690.110, and under the same conditions and limitations as specified in such section, but the amount of indemnity payable with respect to any person insured thereunder shall not at any time exceed the aggregate of the periodic scheduled unpaid installments or the sum of $10,000, whichever is less.

 

________

 

 

CHAPTER 140, AB 85

Assembly Bill No. 85–Committee on Banking, Insurance and Corporations

CHAPTER 140

AN ACT to amend NRS section 690.110, relating to policies of life insurance issued to creditors on the lives of debtors, by increasing the amount of life insurance which a creditor may obtain on the life of a debtor from $5,000 to $10,000, unless the amount of installments owed is less than $10,000, in which event the amount of insurance obtainable shall be the same as the amount owed in installments.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 690.110 is hereby amended to read as follows:

      690.110  A policy may be issued to a creditor, who shall be deemed the policyholder, to insure debtors of the creditor, subject to the following requirements:

      1.  The debtors eligible for insurance under the policy shall be all of the debtors of the creditor whose indebtedness is repayable in installments, or all of any class or classes thereof determined by conditions pertaining to the indebtedness or to the purchase giving rise to the indebtedness. The policy may provide that the term “debtors” shall include the debtors of one or more subsidiary corporations, and the debtors of one or more affiliated corporations, proprietors or partnerships if the business of the policyholder and of such affiliated corporations, proprietors or partnerships is under common control through stock ownership, contract or otherwise.


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

ê1963 Statutes of Nevada, Page 203 (Chapter 140, AB 85)ê

 

the debtors of one or more affiliated corporations, proprietors or partnerships if the business of the policyholder and of such affiliated corporations, proprietors or partnerships is under common control through stock ownership, contract or otherwise.

      2.  The premium for the policy shall be paid by the policyholder, either from the creditor’s funds, or from charges collected by the creditor from the insured debtors, or from both. A policy on which part or all of the premium is to be derived from the collection from the insured debtors of identifiable charges not required of uninsured debtors shall not include, in the class or classes of debtors eligible for insurance, debtors under obligations outstanding at its date of issue without evidence of individual insurability unless at least 75 percent of the then eligible debtors elect to pay the required charges. A policy on which no part of the premium is to be derived from the collection of such identifiable charges must insure all eligible debtors, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer.

      3.  The policy may be issued only if the group of eligible debtors is then receiving new entrants at the rate of at least 100 persons yearly, or may reasonably be expected to receive at least 100 new entrants during the first policy year, and only if the policy reserves to the insurer the right to require evidence of individual insurability if less than 75 percent of the new entrants become insured.

      4.  The amount of insurance on the life of any debtor shall at no time exceed the amount owed by him which is repayable in installments to the creditor, or [$5,000,] $10,000, whichever is less.

      5.  The insurance shall be payable to the policyholder. Such payment shall reduce or extinguish the unpaid indebtedness of the debtor to the extent of such payment.

 

________

 

 

CHAPTER 141, AB 91

Assembly Bill No. 91–Committee on Banking, Insurance and Corporations

CHAPTER 141

AN ACT to amend NRS sections 683.050, 684.300, and 686.230, relating to service of papers on foreign, alien and unauthorized insurance companies, and on brokers, agents and solicitors, by allowing the commissioner of insurance to use certified mail to serve such papers; and by providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 683.050 is hereby amended to read as follows:

      683.050  1.  Every foreign or alien company desiring to transact business in this state shall file with the commissioner a duly executed instrument whereby the company shall appoint and constitute the commissioner and his successor or successors in office the true and lawful attorney of such company upon whom all lawful process in any action or legal proceeding against it on a contract issued or cause of action arising in this state may be served, and shall agree that any such lawful process against it which may be served upon its attorney as provided in this section shall be of the same force and validity as if served upon the company and that the authority thereof shall continue in force irrevocably so long as any liability of the company in the state shall remain outstanding.


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

ê1963 Statutes of Nevada, Page 204 (Chapter 141, AB 91)ê

 

instrument whereby the company shall appoint and constitute the commissioner and his successor or successors in office the true and lawful attorney of such company upon whom all lawful process in any action or legal proceeding against it on a contract issued or cause of action arising in this state may be served, and shall agree that any such lawful process against it which may be served upon its attorney as provided in this section shall be of the same force and validity as if served upon the company and that the authority thereof shall continue in force irrevocably so long as any liability of the company in the state shall remain outstanding.

      2.  Process authorized by such instrument or by any similar instrument heretofore executed shall be served by delivering to and leaving with the commissioner duplicate copies of such process with payment of the fee prescribed by this Title, and the service thereof upon such attorney shall be deemed service upon the company. The commissioner shall forthwith forward one copy of each such process by registered or certified mail prepaid to the company, or, in the case of an alien company, to the United States manager or last appointed United States general agent of the company, giving the day and the hour of such service. Service of such process shall not be complete until the copy thereof has been so mailed and received by the company, and the [registry] receipt, when received by the commissioner, shall be prima facie evidence of the completion of such service. If service of summons is made upon the commissioner in accordance with the provisions of this section, the time within which the insurer is required to appear shall be deemed to be extended 10 days. Except as provided herein, the commissioner shall not be designated as attorney for the service of process by any unlicensed alien or foreign insurer, and any such power of attorney given prior to March 31, 1941, shall be void after March 31, 1941.

      Sec. 2.  NRS 684.300 is hereby amended to read as follows:

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

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

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

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

      (d) Been guilty of fraudulent practices; or

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

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


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

ê1963 Statutes of Nevada, Page 205 (Chapter 141, AB 91)ê

 

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

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

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

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

      4.  If a licensee changes the address of his place of business without due notice to the commissioner, and the commissioner, after diligent effort, is unable to locate the licensee, such facts shall be deemed adequate cause for revocation. The sending of a registered or certified letter, with return receipt requested, to the licensee’s last-known address shall be deemed an adequate effort on the part of the commissioner to locate the licensee.

      Sec. 3.  NRS 686.230 is hereby amended to read as follows:

      686.230  1.  Any of the following acts in this state, effected by mail or otherwise, by an unauthorized foreign or alien insurer:

      (a) The issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business therein;

      (b) The solicitation of applications for such contracts, including newspaper or direct mail advertising;

      (c) The collection of premiums, membership fees, assessments or other considerations for such contracts; or

      (d) Any other transaction of insurance business,

is equivalent to and shall constitute an appointment by such insurer of the commissioner and his successor or successors in office, to be its true and lawful attorney, upon whom may be served all lawful process in any action, suit or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such contract of insurance, and any such act shall be signification of its agreement that such service of process is of the same legal force and validity as personal service of process in this state upon such insurer.

      2.  Such service of process shall be made by delivering to and leaving with the commissioner or some person in apparent charge of his office two copies thereof and the payment to him of such fees as may be prescribed by law. The commissioner shall forthwith mail by registered or certified mail one of the copies of such process to the defendant at its last-known principal place of business, and shall keep a record of all process so served upon him. Such service of process is sufficient, provided notice of such service and a copy of the process are sent within 10 days thereafter by registered or certified mail by plaintiff or plaintiff’s attorney to the defendant at its last-known principal place of business, and the defendant’s receipt, or receipt issued by the post office with which the letter is registered [,] or certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff’s attorney showing a compliance herewith, are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.


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

ê1963 Statutes of Nevada, Page 206 (Chapter 141, AB 91)ê

 

of the plaintiff or plaintiff’s attorney showing a compliance herewith, are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.

      3.  Service of process in any such action, suit or proceeding shall, in addition to the manner provided in subsection 2, be valid if served upon any person within this state who, in this state on behalf of such insurer, is:

      (a) Soliciting insurance; or

      (b) Making, issuing or delivering any contract of insurance; or

      (c) Collecting or receiving any premium, membership fee, assessment or other consideration for insurance,

and a copy of such process is sent within 10 days thereafter by registered or certified mail by the plaintiff or plaintiff’s attorney to the defendant at the last-known principal place of business of the defendant, and the defendant’s receipt, or the receipt issued by the post office with which the letter is registered [,] or certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff’s attorney showing a compliance herewith, are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.

      4.  No plaintiff or complainant shall be entitled to a judgment by default or a judgment with leave to prove damages, or a judgment proconfesso under this section until the expiration of 30 days from the date of the filing of the affidavit of compliance.

      5.  Nothing contained in this section shall limit or abridge the right to serve any process, notice or demand upon any insurer in any other manner now or hereafter permitted by law.

 

________

 

 

CHAPTER 142, AB 93

Assembly Bill No. 93–Committee on Banking, Insurance and Corporations

CHAPTER 142

AN ACT to amend NRS section 682.470, relating to investments of excess funds by domestic insurance companies, by allowing such companies, with prior authorization of the commissioner of insurance, to invest in excess of 25 percent of admitted assets in the stock of other insurance corporations organized under the laws of any state or the Dominion of Canada and supervised by a state or dominion insurance commissioner; and by providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 682.470 is hereby amended to read as follows:

      682.470  1.  Excess funds investments may include the capital stock of any solvent corporation organized and carrying on business under the laws of this or any other state, or of the United States or of the District of Columbia, when such stock has a market value at date of investment which is not less than its purchase price or the amount loaned upon its security.


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

ê1963 Statutes of Nevada, Page 207 (Chapter 142, AB 93)ê

 

the laws of this or any other state, or of the United States or of the District of Columbia, when such stock has a market value at date of investment which is not less than its purchase price or the amount loaned upon its security.

      2.  A domestic company shall not invest in excess of 25 percent of its admitted assets in stocks described in this section [.] , except that with prior authorization of the commissioner a company may invest in the stock of any other insurance corporation organized under the laws of any state, the Dominion of Canada, or any province of the Dominion of Canada, which is supervised by the state, dominion or provincial insurance commissioner or similar official, in amounts approved by the commissioner.

 

________

 

 

CHAPTER 143, AB 96

Assembly Bill No. 96–Committee on Banking, Insurance and Corporations

CHAPTER 143

AN ACT to amend NRS sections 684.190 and 684.200, relating to insurance brokers, by providing that the commissioner of insurance may issue restricted brokers’ licenses; by providing that life insurance brokers’ bonds shall be contingent on accounting by the broker for moneys collected by the broker; and by providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 684.190 is hereby amended to read as follows:

      684.190  1.  The commissioner shall issue a broker’s license to an applicant when he has satisfied himself upon evidence presented and recorded as to the integrity of the applicant and that the applicant has qualified in the following respects to hold a license:

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

      [2.](b) That the application provided for by NRS 684.050 has been filed with and approved by the commissioner.

      [3.](c) That the applicant has paid a license fee of $25.

      [4.](d) That the applicant has taken and passed the written examination referred to in NRS 684.070. All the provisions of NRS 684.060 to 684.130, inclusive, are applicable to examinations of applicants for brokers’ licenses.

      2.  The commissioner may issue a restricted broker’s license covering the kind or kinds of insurance described in the license, or an unrestricted broker’s license, depending upon the qualifications of the applicant.

      Sec. 2.  NRS 684.200 is hereby amended to read as follows:

      684.200  1.  Every applicant for a license to act as a broker under the provisions of NRS 684.190 shall file with the application and maintain in effect a satisfactory bond to the State of Nevada, duly executed by an admitted surety insurer approved by the commissioner, in the amount of $2,500, or in such amount not less than $2,500 as may be fixed by the commissioner.


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

ê1963 Statutes of Nevada, Page 208 (Chapter 143, AB 96)ê

 

the provisions of NRS 684.190 shall file with the application and maintain in effect a satisfactory bond to the State of Nevada, duly executed by an admitted surety insurer approved by the commissioner, in the amount of $2,500, or in such amount not less than $2,500 as may be fixed by the commissioner.

      2.  Such bond may be continuous in form, and the total aggregate liability on such bond shall be limited to the payment of $2,500 or such sum not less than $2,500 as may be fixed by the commissioner.

      3.  Such bond shall be contingent on the accounting by the broker to any person requesting the broker to obtain insurance for moneys or premiums collected by the broker for insurance. [other than life insurance.]

 

________

 

 

CHAPTER 144, AB 99

Assembly Bill No. 99–Committee on Banking, Insurance and Corporations

CHAPTER 144

AN ACT to amend NRS section 680.200, relating to examinations, investigations and hearings conducted by the commissioner of insurance, by providing that formal rules of pleading and evidence are not required to be observed in any hearing conducted by such commissioner; and to amend NRS section 694.410, relating to hearing procedure when an insurer or rating organization is aggrieved by an order of the commissioner of insurance, by deleting reference to formal rules of pleading and evidence.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 680.200 is hereby amended to read as follows:

      680.200  1.  All examinations, investigations and hearings provided for by this Title may be conducted either by the commissioner personally or by one or more actuaries, deputies, supervisors or examiners designated by him for the purpose. Such officers shall be employed by the department and shall not be officers of, nor connected with, nor interested in, any company other than as policyholders, nor shall they be interested in any other corporation or person affected by the examination, investigation or hearing.

      2.  All hearings provided for in this Title shall, unless otherwise specially provided, be held at such time and place as shall be designated in a notice which shall be given by the commissioner in writing to the person or company whose interests are affected at least 10 days before the date designated therein. The notice shall state the subject of inquiry and the specific charges, if any. The hearings shall be held either in Carson City, Nevada, or in the county where the principal business address of the person or company affected is located.

      3.  Nothing contained in this Title shall require the observance at any hearing of formal rules of pleading or evidence.


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

ê1963 Statutes of Nevada, Page 209 (Chapter 144, AB 99)ê

 

      Sec. 2.  NRS 694.410 is hereby amended to read as follows:

      694.410  1.  Any insurer or rating organization aggrieved by any order or decision of the commissioner made without a hearing may, within 30 days after notice of the order to the insurer or organization, make written request to the commissioner for a hearing thereon. The commissioner shall hear such party or parties within 20 days after receipt of such request and shall give not less than 10 days’ written notice of the time and place of the hearing. Within 30 days after such hearing the commissioner shall affirm, reverse or modify his previous action, specifying his reasons therefor. Pending such hearing and decision thereon, the commissioner may suspend or postpone the effective date of his previous action.

      2.  [Nothing contained in this Title shall require the observance at any hearing of formal rules of pleading or evidence.

      3.]  Any order or decision of the commissioner shall be subject to review by trial de novo, either with or without first requesting a hearing thereon before the commissioner, as provided in NRS 680.230. The court may, in disposing of the issue before it, modify, affirm or reverse the order or decision of the commissioner in whole or in part according to the preponderance of the evidence.

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

 

________

 

 

CHAPTER 145, AB 111

Assembly Bill No. 111–Committee on Taxation

CHAPTER 145

AN ACT to amend NRS section 365.060, defining the term “motor vehicle fuel,” by broadening the definition to include liquids usable for propelling motor vehicles, motorboats or airplanes; and providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 365.060 is hereby amended to read as follows:

      365.060  “Motor vehicle fuel” means and includes gasoline, natural gasoline, casinghead gasoline and any other inflammable or combustible liquid, by whatever name such liquid may be known or sold, the chief use of which in this state is [as a fuel] for the propulsion of motor vehicles [: but neither kerosene, gas oil nor fuel oil shall] , motorboats or airplanes. Kerosene, gas oil, fuel oil, jet aircraft fuel, diesel fuel and liquefied petroleum gas shall not be considered motor vehicle fuel for the purposes of this chapter.

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 210ê

 

CHAPTER 146, AB 168

Assembly Bill No. 168–Committee on Taxation

CHAPTER 146

AN ACT to amend NRS sections 361.225, 361.260 and 361.310, relating to assessment of taxable property, by requiring assessment of such property at 35 percent of full cash value; and by providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 361.225 is hereby amended to read as follows:

      361.225  All property subject to taxation shall be assessed at 35 percent of its full cash value.

      Sec. 2.  NRS 361.260 is hereby amended to read as follows:

      361.260  1.  Between July 1 and December 31 in each year, the county assessor, except when otherwise required by special enactment, shall ascertain by diligent inquiry and examination all real and personal property in his county subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the same. He shall then determine the full cash value of all such property and he shall then list and assess the same at 35 percent of its full cash value to the person, firm, corporation, association or company owning it.

      2.  In arriving at the value of all public utilities of an intracounty nature, the intangible or franchise element shall be considered as an addition to the physical value and a portion of the full cash value.

      Sec. 3.  NRS 361.310 is hereby amended to read as follows:

      361.310  1.  On or before January 1 of each year, the county assessor of each of the several counties shall complete his tax list or assessment roll, and [he or his deputy, as the case may be,] shall take and subscribe to an affidavit written therein to the effect that he has made diligent inquiry and examination to ascertain all the property within the county subject to taxation, and required to be assessed by him, and that he has assessed the same on the assessment roll equally and uniformly, according to the best of his judgment, information and belief, at 35 percent of its full cash value. A copy of such affidavit shall be filed immediately by the assessor with the Nevada tax commission. The failure to take or subscribe to such affidavit shall not in any manner affect the validity of any assessment contained in the assessment roll.

      2.  The county assessor may close his roll as to changes in ownership of property on December 1 of each year or on any other date which may be approved by the board of county commissioners.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 211ê

 

CHAPTER 147, AB 282

Assembly Bill No. 282–Mr. Bailey

CHAPTER 147

AN ACT to amend NRS section 483.660, relating to the Driver License Compact, by substituting the word “conviction” for the word “violation” in certain portions of the section; by enlarging the scope of reports of violations; by enlarging the effect of convictions upon the issuance, suspension or revocation of driver licenses; by extending the requirements of interchanging information between party states; and by providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 483.660 is hereby amended to read as follows:

      483.660  Text of compact.  The Driver License Compact is as follows:

 

ARTICLE I-Findings and Declaration of Policy

 

      (a) The party states find that:

             (1) The safety of their streets and highways is materially affected by the degree of compliance with state and local laws and ordinances relating to the operation of motor vehicles.

             (2) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.

             (3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.

      (b) It is the policy of each of the party states to:

             (1) Promote compliance with the laws, ordinances and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.

             (2) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the over-all compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.

 

ARTICLE II-Definitions

 

      As used in this compact:

      (a) “State” means a state, territory or possession of the United States, the District of Columbia [,] or the Commonwealth of Puerto Rico. [, a Province of Canada, or a State of Mexico.]

      (b) “Home state” means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.

      (c) [“Violation”] “Conviction” means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.


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

ê1963 Statutes of Nevada, Page 212 (Chapter 147, AB 282)ê

 

related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.

 

ARTICLE III-Reports of [Violation] Conviction

 

      The licensing authority of a party state shall report each [violation] conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the [violator and shall describe the violation,] person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond or other security; and shall include any special findings made in connection therewith.

 

ARTICLE IV-Effect of [Violation] Conviction

 

      (a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, [in a violation as it would if such conduct had occurred in the home state.] as it would if such conduct had occurred in the home state, in the case of conviction for:

             (1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle.

             (2) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle.

             (3) Any felony in the commission of which a motor vehicle is used.

             (4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.

      (b) As to other convictions, reported pursuant to Article III, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.

      (c) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subsection (a) of this Article, such party state shall construe the denominations and descriptions appearing in subsection (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this Article.


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

ê1963 Statutes of Nevada, Page 213 (Chapter 147, AB 282)ê

 

ARTICLE V-Applications for New Licenses

 

      Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:

             (1) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.

             (2) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways.

             (3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.

 

ARTICLE VI-Applicability of Other Laws

 

      Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a non-party state.

 

ARTICLE VII-Compact Administrator and

Interchange of Information

 

      (a) The head of the licensing authority of each party state shall be the administrator of this compact for his state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact.

      (b) The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact.

 

ARTICLE VIII-Entry Into Force and Withdrawal

 

      (a) This compact shall enter into force and become effective as to any state when it has enacted the same into law.

      (b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states.


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

ê1963 Statutes of Nevada, Page 214 (Chapter 147, AB 282)ê

 

has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of violation occurring prior to the withdrawal.

 

ARTICLE IX-Construction and Severability

 

      This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States of the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

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

 

________

 

 

CHAPTER 148, AB 332

Assembly Bill No. 332–Mr. Harris

CHAPTER 148

AN ACT to amend NRS sections 287.010 and 287.020, relating to group insurance for officers and employees of political subdivisions, by authorizing coverage for dependents of such officers and employees under such policies; and by providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 287.010 is hereby amended to read as follows:

      287.010  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada shall have the power:

      1.  To adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of such of their officers and employees, and the dependents of such officers and employees, as shall or may elect to accept the same and who have authorized the governing body to make deductions from their compensation for the payment of premiums on such insurance.

      2.  To purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as shall have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and to deduct from the compensation of such officers and employees the premiums upon such insurance and pay such deductions upon the premiums.


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

ê1963 Statutes of Nevada, Page 215 (Chapter 148, AB 332)ê

 

from the compensation of such officers and employees the premiums upon such insurance and pay such deductions upon the premiums.

      3.  To defray a part, not to exceed 50 percent, of the cost of such premiums by contribution. The funds for such contributions shall be budgeted for in accordance with the laws governing such county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.

      Sec. 2.  NRS 287.020 is hereby amended to read as follows:

      287.020  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada shall have the power to adopt and carry into effect a system of medical or hospital service, or a combination thereof, through nonprofit membership corporations defraying the cost of medical service or hospital care, or both, open to participation by all licentiates of the particular class (whether doctors of medicine, doctors of osteopathy or doctors of chiropractic) offering services through such a nonprofit membership corporation, for the benefit of such of their officers and employees, and the dependents of such officers and employees, as may elect to accept membership in such nonprofit corporation and who have authorized the governing body to make deductions from their compensation for the payment of membership dues.

      2.  A part, not to exceed 50 percent, of the cost of such membership dues may be defrayed by such governing body by contribution. The funds for such contributions shall be budgeted for in accordance with the laws governing such county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.

      3.  The power conferred in this section, with respect to the rendition of medical or hospital service, or a combination thereof, is coextensive with the power conferred in NRS 287.010 with respect to insurance companies.

 

________

 

 

CHAPTER 149, AB 10

Assembly Bill No. 10–Mr. Pozzi

CHAPTER 149

AN ACT to amend NRS section 482.385, relating to the exemption of nonresident owners of motor vehicles from registration, by providing for recognition of dealers’ and manufacturers’ license plates from other states or countries; and by providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 482.385 is hereby amended to read as follows:

      482.385  1.  Except as otherwise provided in [this section and] NRS 482.390, a nonresident owner of a vehicle of a type subject to registration under this chapter, owning any vehicle which has been duly registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration number plate or plates issued for such vehicle in the place of residence of such owner, may operate or permit the operation of such vehicle within this state without any registration thereof in this state under the provisions of this chapter and without the payment of any registration fees to the state.


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

ê1963 Statutes of Nevada, Page 216 (Chapter 149, AB 10)ê

 

registration under this chapter, owning any vehicle which has been duly registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration number plate or plates issued for such vehicle in the place of residence of such owner, may operate or permit the operation of such vehicle within this state without any registration thereof in this state under the provisions of this chapter and without the payment of any registration fees to the state.

      2.  Nothing in this section shall be construed:

      (a) To [permit] prohibit the use of manufacturers’ or dealers’ license plates issued by any state or country by any [such] nonresident in the operation of any vehicle on the public highways of this state. [, but the director may enter into mutual agreements and formal compacts with appropriate officials of other states to obtain reciprocal recognition of dealer vehicle license plates.]

      (b) To require registration of vehicles of a type subject to registration under this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.

      3.  When a person, formerly a nonresident, becomes a resident of this state, he may continue to operate or permit the operation of any vehicle which he owns and which is validly registered in another jurisdiction, without registration in this state, until the expiration of the registration period of such other jurisdiction during which he became a resident of this state. Immediately upon the expiration of such registration period, the owner shall apply for registration of the vehicle in this state as provided in this chapter.

      4.  If a vehicle which comes within the provisions of subsection 3 is transferred to a resident of this state, or to a person who uses such vehicle for a gainful purpose in this state, the transferee shall apply immediately for registration of such vehicle as provided in this chapter, and shall not be entitled to the benefits of subsection 3.

 

________

 

 

CHAPTER 150, AB 386

Assembly Bill No. 386–Mr. Valentine

CHAPTER 150

AN ACT to amend chapter 481 of NRS, relating to the administration of motor vehicle laws, by adding a new section permitting the director of the department of motor vehicles to keep the office of the drivers’ license division open on weekends and at times other than 8 a. m. to 5 p. m. in counties with a population in excess of 75,000; and providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 481 of NRS is hereby amended by adding thereto a new section which shall read as follows:


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

ê1963 Statutes of Nevada, Page 217 (Chapter 150, AB 386)ê

 

      In counties with a population in excess of 75,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the director may arrange for the office of the drivers’ license division to remain open on Saturdays and Sundays and at hours other than 8 a. m. to 5 p. m.

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

 

________

 

 

CHAPTER 151, AB 240

Assembly Bill No. 240–Committee on Fish and Game

CHAPTER 151

AN ACT to amend NRS section 503.180, relating to unlawful hunting of big game with certain types or kinds of firearms and bullets, by prohibiting hunting with full steel core (armor-piercing) bullets.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 503.180 is hereby amended to read as follows:

      503.180  1.  Except as otherwise provided in subsection 3, it shall be unlawful for any person at any time to hunt any deer, antelope, elk or mountain sheep with any shotgun, or any pistol or revolver, or with any gun or firearm capable of firing two or more rounds with one continuous pull of the trigger, or with any full steel, full steel core (armor-piercing), full metal jacket, tracer or incendiary bullet.

      2.  Rifles used for such purpose shall exert at least 1,000 foot-pounds of energy at 100 yards.

      3.  The use of guns and firearms otherwise prohibited by subsections 1 and 2 may be authorized by commission regulation under the provisions of subsection 3 of NRS 503.100.

 

________

 

 

CHAPTER 152, SB 115

Senate Bill No. 115–Committee on Banks, Banking and Corporations

CHAPTER 152

AN ACT to amend NRS section 78.105, relating to corporate books and documents required to be kept at the corporation’s principal office and defining the rights of creditors and stockholders, by imposing certain conditions on the right of a stockholder to examine the corporation’s stock ledger; and providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 78.105 is hereby amended to read as follows:

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


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

ê1963 Statutes of Nevada, Page 218 (Chapter 152, SB 115)ê

 

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

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

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

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

      2.  The stock ledger or duplicate thereof shall be open daily, except Sundays and holidays, during at least 2 business hours, for inspection by any judgment creditor of the corporation, or by any stockholder of such corporation, and persons who are entitled to inspect such stock ledger or the duplicate thereof may take extracts therefrom. Any person who has been a stockholder of record of a corporation for at least 6 months immediately preceding his demand, or any person holding, or thereunto authorized in writing by the holders of, at least 5 percent of all its outstanding shares, upon at least 5 days’ written demand, shall have the right to inspect in person or by agent or attorney, during usual business hours, the stock ledger or duplicate stock ledger, whether kept in the principal office of the corporation in this state or elsewhere as provided in paragraph (d) of subsection 1, and to make extracts therefrom. Holders of voting trust certificates representing shares of the corporation shall be regarded as stockholders for the purpose of this subsection. Every corporation that neglects or refuses to keep the stock ledger or duplicate copy thereof open for inspection, as required in this subsection, [required,] shall forfeit to the state the sum of $25 for every day of such neglect or refusal.

      3.  An inspection authorized by subsection 2 may be denied to such stockholder or other person upon his refusal to furnish to the corporation an affidavit that such inspection is not desired for a purpose which is in the interest of a business or object other than the business of the corporation and that he has not at any time sold or offered for sale any list of stockholders of any domestic or foreign corporation or aided or abetted any person in procuring any such record of stockholders for any such purpose.

      4.  If any officer or agent of any such corporation willfully neglects or refuses to make any proper entry in such stock ledger or duplicate copy thereof, or neglects or refuses to [exhibit any] permit an inspection of such stock ledger or duplicate thereof upon demand by a person entitled to inspect the same, or refuses to permit extracts to be taken therefrom, as provided in [this section,] subsections 2 and 3, such corporation and such officer or agent shall be jointly and severally liable to the person injured for all damages resulting to him therefrom.


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

ê1963 Statutes of Nevada, Page 219 (Chapter 152, SB 115)ê

 

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

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

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

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

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

 

________

 

 

CHAPTER 153, SB 166

Senate Bill No. 166–Senator Monroe

CHAPTER 153

AN ACT to amend chapter 82 of NRS, relating to fraternal and other orders, by adding new sections incorporating the Nevada Library Association; providing for the powers of such corporation; providing for distribution of proceeds of property on dissolution; and providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 82 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  1.  The Nevada Library Association shall be deemed a body corporate and politic.

      2.  The Nevada Library Association shall be a nonprofit corporation created to promote library service and librarianship in Nevada.

      Sec. 3.  The Nevada Library Association, in its corporate capacity, shall have power:


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

ê1963 Statutes of Nevada, Page 220 (Chapter 153, SB 166)ê

 

      1.  To sue and be sued in any court having competent jurisdiction.

      2.  To make and use a common seal, and to alter the same at pleasure.

      3.  To acquire by purchase, bequest or donation, directly or indirectly, and to hold in perpetuity, sell and convey, and to mortgage such property real or personal, as may be deemed necessary by the proper authorities thereof to carry out the purposes of the association, and for the necessary uses, purposes and objects of the association, and to devise, lease and improve any real property held by or for the benefit of the corporation.

      4.  To elect or appoint, in accordance with the bylaws thereof, not less than three or more than 15 members of the association to serve as trustees, who shall have charge of all real and personal property belonging thereto, and transact all business relative thereto.

      5.  To be entitled to all the rights, privileges and immunities, usually had or enjoyed by such a corporation.

      Sec. 4.  1.  The corporate powers of the association shall be vested in a board of trustees elected or appointed as provided in the bylaws of the corporation.

      2.  The trustees shall hold office until their successors are elected or appointed, and vacancies in such board of trustees shall be filled as provided in the bylaws.

      Sec. 5.  Upon the election or appointment of trustees, a certificate of such election or appointment shall be executed by the person or persons making the appointment or the judges holding the election, duly acknowledged before a competent officer, and it shall be filed and recorded in the office of the secretary of state.

      Sec. 6.  Whenever the Nevada Library Association shall disincorporate or disband, by its own act, the proceeds of all property, real or personal, shall, after paying all just charges or demands against the association, be granted to the American Library Association. The American Library Association shall use the proceeds for the improvement of libraries in the State of Nevada.

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

 

________

 

 

CHAPTER 154, SB 157

Senate Bill No. 157–Senator Dial

CHAPTER 154

AN ACT to amend NRS sections 485.105, 485.210, 485.304, 485.3091 and 485.3095, relating to the Motor Vehicle Safety Responsibility Act, by increasing the amount of security required of drivers involved in accidents; and by providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 485.210 is hereby amended to read as follows:

      485.210  1.  No policy or bond shall be effective under NRS 485.190 unless issued by an insurance company or surety company authorized to do business in this state, except as provided in subsection 2 of this section, or unless such policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than [$5,000] $10,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of not less than [$10,000] $20,000 because of bodily injury to or death of two or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than [$1,000] $5,000 because of injury to or destruction of property of others in any one accident.


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

ê1963 Statutes of Nevada, Page 221 (Chapter 154, SB 157)ê

 

unless issued by an insurance company or surety company authorized to do business in this state, except as provided in subsection 2 of this section, or unless such policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than [$5,000] $10,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of not less than [$10,000] $20,000 because of bodily injury to or death of two or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than [$1,000] $5,000 because of injury to or destruction of property of others in any one accident.

      2.  No policy or bond shall be effective under NRS 485.190 with respect to any vehicle which was not registered in this state or to any vehicle which was registered elsewhere than in this state at the effective date of the policy or bond or the most recent renewal thereof, unless the insurance company or surety company issuing such policy or bond is authorized to do business in this state or, if the company is not authorized to do business in this state, unless it shall execute a power of attorney authorizing the director of the department of motor vehicles to accept service on its behalf of notice or process in any action upon such policy or bond arising out of such accident.

      Sec. 2.  NRS 485.105 is hereby amended to read as follows:

      485.105  “Proof of financial responsibility” means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of such proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of [$5,000] $10,000 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, in the amount of [$10,000] $20,000 because of bodily injury to or death of two or more persons in any one accident, and in the amount of [$1,000] $5,000 because of injury to or destruction of property of others in any one accident.

      Sec. 3.  NRS 485.304 is hereby amended to read as follows:

      485.304  Judgments herein referred to shall, for the purpose of this chapter only, be deemed satisfied:

      1.  When [$5,000] $10,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident; or

      2.  When, subject to such limit of [$5,000] $10,000 because of bodily injury to or death of one person, the sum of [$10,000] $20,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or

      3.  When [$1,000] $5,000 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident,

but payments made in settlement of any claims because of bodily injury, death or property damage arising from a motor vehicle accident shall be credited in reduction of the amounts provided for in this section.


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

ê1963 Statutes of Nevada, Page 222 (Chapter 154, SB 157)ê

 

      Sec. 4.  NRS 485.3091 is hereby amended to read as follows:

      485.3091  1.  A “motor vehicle liability policy” as the term is used in this chapter shall mean an owner’s or an operator’s policy of liability insurance, certified as provided in NRS 485.308 or 485.309 as proof of financial responsibility, and issued, except as otherwise provided in NRS 485.309, by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.

      2.  Such owner’s policy of liability insurance shall:

      (a) Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; and

      (b) Insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle or motor vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows: [$5,000] $10,000 because of bodily injury to or death of one person in any one accident and, subject to such limit for one person, [$10,000] $20,000 because of bodily injury to or death of two or more persons in any one accident, and [$1,000] $5,000 because of injury to or destruction of property of others in any one accident.

      3.  Such operator’s policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle not owned by him, within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owner’s policy of liability insurance.

      4.  Such motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.

      5.  Such motor vehicle liability policy need not insure any liability under any workmen’s compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any such motor vehicle, nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.

      6.  Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein:

      (a) The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by such motor vehicle liability policy occurs; the policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his behalf and no violation of the policy shall defeat or void the policy.


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

ê1963 Statutes of Nevada, Page 223 (Chapter 154, SB 157)ê

 

policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his behalf and no violation of the policy shall defeat or void the policy.

      (b) The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such injury or damage.

      (c) The insurance carrier shall have the right to settle any claim covered by the policy, and if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in paragraph (b) of subsection 2 of this section.

      (d) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this chapter shall constitute the entire contract between the parties.

      7.  Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and such excess or additional coverage shall not be subject to the provisions of this chapter. With respect to a policy which grants such excess or additional coverage the term “motor vehicle liability policy” shall apply only to that part of the coverage which is required by this section.

      8.  Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this chapter.

      9.  Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.

      10.  The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers, which policies together meet such requirements.

      11.  Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.

      Sec. 5.  NRS 485.3095 is hereby amended to read as follows:

      485.3095  1.  Proof of financial responsibility may be evidenced by the certificate of the state treasurer that the person named therein has deposited with him [$11,000] $25,000 in cash or securities such as may legally be purchased by savings banks or for trust funds of a market value of [$11,000.] $25,000. The state treasurer shall not accept any such deposit and issue a certificate therefor and the division shall not accept such certificate unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.

      2.  Such deposit shall be held by the state treasurer to satisfy, in accordance with the provisions of this chapter, any execution on a judgment issued against such person making the deposit, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a motor vehicle after such deposit was made.


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

ê1963 Statutes of Nevada, Page 224 (Chapter 154, SB 157)ê

 

including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a motor vehicle after such deposit was made. Money or securities so deposited shall not be subject to attachment or execution unless such attachment or execution shall arise out of a suit for damages as aforesaid.

      Sec. 6.  This act shall become effective on January 1, 1964.

 

________

 

 

CHAPTER 155, AB 202

Assembly Bill No. 202–Committee on Roads, Transportation and Aviation

CHAPTER 155

AN ACT to amend NRS sections 482.265 and 482.280, relating to renewal of registration and licensing of motor vehicles, by providing that the department of motor vehicles may issue, upon renewal of registration, stickers, tabs or other suitable devices in lieu of new license plates; by eliminating the requirement that the department of motor vehicles notify the legal owner of the renewal registration number upon registration of a motor vehicle by one other than the legal owner; and by providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 482.265 is hereby amended to read as follows:

      482.265  1.  [Until July 1, 1960, the department shall furnish to every owner whose vehicle shall be registered one number plate for each motorcycle, trailer, semitrailer or other motor vehicle. On and after July 1, 1960, the] The department shall furnish to every owner whose vehicle shall be registered two license plates for a motor vehicle other than a motorcycle or power cycle, and one license plate for all other vehicles required to be registered hereunder. Upon renewal of registration, the department may issue one or more license plate stickers, tabs or other suitable devices in lieu of new license plates.

      2.  The director shall have the authority to require the return to the department of all number plates upon termination of the lawful use thereof by the owner under this chapter.

      Sec. 2.  NRS 482.280 is hereby amended to read as follows:

      482.280  1.  Every vehicle registration under this chapter shall expire at midnight on June 30 each year. The department shall mail annually to each holder of a valid registration certificate an application form for renewal registration for the following year. Such forms shall be mailed by the department in sufficient time to allow all applicants to mail the applications to the office or agent of the department in the counties in which they reside and to receive new registration certificates and license plates, stickers, tabs or other suitable devices by mail prior to expiration of subsisting registrations. An applicant may, if he chooses, present the application in person to the agent or office of the department in the county in which he resides.


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

ê1963 Statutes of Nevada, Page 225 (Chapter 155, AB 202)ê

 

      2.  The department shall insert in each application form mailed as required by subsection 1 of this section the amount of personal property tax to be collected for the county under the provisions of NRS 482.260.

      3.  Such renewal shall take effect on July 1 of each year. The certificate of registration issued under this chapter shall be valid during the registration year only for which it was issued, and the certificate of ownership shall remain valid until canceled by the department upon a transfer of any interest shown therein and need not be renewed annually. [Upon annual renewal, whenever the legal owner of a vehicle is other than the registered owner, the department shall notify such legal owner by mail of the registration number assigned to such vehicle for the ensuing year.]

      4.  An owner who has made proper application for renewal of registration previous to July 1 but who has not received the number plate or plates or registration card for the ensuing year shall be entitled to operate or permit the operation of such vehicle upon the highways upon displaying thereon the number plate or plates issued for the preceding year for such time as may be prescribed by the department as it may find necessary for issuance of such new plate or plates or registration card.

      5.  Registration of a motor vehicle for a half year may be permitted if the applicant files with the department an affidavit showing that the motor vehicle has not in fact been operated on the highways in this state prior to January 1.

      6.  No fee shall be required for the month of June for a new car delivered in good faith during that month, and the department shall provide such new car with a temporary registration placard of a size which shall be plainly visible for a distance of 100 feet during daylight, such placard to be valid only during the month of June.

 

________

 

 

CHAPTER 156, AB 78

Assembly Bill No. 78–Committee on Banking, Insurance and Corporations

CHAPTER 156

AN ACT to amend chapter 682 of NRS, relating to domestic insurance companies, by adding new sections defining terms; providing for the adoption of emergency bylaws by any domestic insurance company; providing for a change of location of any such company during an emergency and for the creation of an emergency board of directors; providing for the powers of the commissioner of insurance during an emergency; and providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 682 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 18, inclusive, of this act.


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

ê1963 Statutes of Nevada, Page 226 (Chapter 156, AB 78)ê

 

      Sec. 2.  As used in sections 2 to 18, inclusive, of this act, unless the context otherwise requires:

      1.  “Acting director” means an acting director elected or appointed in accordance with this act.

      2.  “Acting officer” means an acting officer appointed in accordance with this act.

      3.  “Acute emergency” means a period in which, by reason of loss of life, epidemic disease, destruction or damage of property, contamination of property by radiological, chemical or bacteriological means, or disruption of the means of transportation and communication, resulting from an attack, it is impossible or impracticable for the business of insurance in this state to be conducted in strict accord with the provisions of law or charters applicable thereto.

      4.  “Attack” means any attack, actual or imminent, or series of attacks by an enemy or a foreign nation upon the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, shellfire, or atomic, radiological, chemical, bacteriological or biological means or other weapons or processes.

      5.  “Board” means the board of directors, board of trustees, committee or similar body having control of the affairs of an organization.

      6.  “Charter” means the certificate of organization or incorporation of an organization together with its bylaws, or the agreement establishing a fund or association together with its constitution and bylaws.

      7.  “Commissioner” means the commissioner of insurance or other person designated to exercise the powers of that office during an acute emergency.

      8.  “Director” means a director, trustee or member of a board.

      9.  “Domestic organization” means any organization which is domiciled in this state, including, insofar as the provisions of this act may appropriately apply thereto, any welfare or pension fund or United States branch of an alien insurer.

      10.  “Officer” means an officer of a domestic organization.

      11.  “Organization” means any insurer, rating organization, service or advisory organization, joint underwriting association or other organization which is subject, in whole or in part, to the insurance laws of this state.

      12.  “Quorum” means the minimum number of directors required by charter and law, other than this act, to be present for valid action to be taken at a meeting of a board with respect to each particular item of business which may come before such meeting.

      Sec. 3.  1.  With the approval of the commissioner, any domestic company may at any time adopt, in the same manner as in the case of ordinary bylaws, emergency bylaws to become operative during a period of acute emergency. Emergency bylaws may contain provisions with respect to the number of directors capable of acting which shall constitute its board, the number of such directors which shall constitute a quorum at a meeting of the board, the number of votes necessary for action by such board, the manner in which vacancies on the board shall be filled, the line of succession of its officers, and the interim management of the affairs of the organization.


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

ê1963 Statutes of Nevada, Page 227 (Chapter 156, AB 78)ê

 

shall be filled, the line of succession of its officers, and the interim management of the affairs of the organization.

      2.  Such provisions, if approved by the commissioner, need not comply with the requirements of the charter of such domestic organization.

      3.  Except as provided in section 13 of this act, the provisions of sections 5 to 11, inclusive, and sections 13 and 14 of this act shall not be applicable during a period of acute emergency to any domestic organization operating in accordance with emergency bylaws approved by the commissioner to the extent that the procedures set forth in such emergency bylaws relate to subject matter contained in sections 5 to 11, inclusive, of this act.

      Sec. 4.  Any domestic organization, without complying with any provision of law requiring approval, or application for approval, of a change of location of its principal office may from time to time change the location thereof during an acute emergency to a suitable location within the United States, and may carry on its business at such new location during such acute emergency and for a reasonable time thereafter. Any organization which changes the location of its principal office during an acute emergency shall notify the commissioner thereof in writing as soon as practicable, stating the address of the new location, the address of the former location, and the dates when business is ceasing at the former location and commencing at the latter location.

      Sec. 5.  Notwithstanding any contrary provision of law or of its charter, if at any time during an acute emergency affecting any domestic organization, no person otherwise empowered to call meetings of its board is capable of acting, a meeting thereof may be called by any director or acting director, or if no director or acting director is capable of acting, by any officer or acting officer. If it is impracticable or impossible to give notice of a meeting of the board in the manner prescribed by charter and law, the person calling such a meeting may give notice thereof by making such reasonable efforts as circumstances may permit to notify each director and acting director of the time and place of the meeting, but need not specify the purposes thereof. Failure of any director or acting director to receive actual notice of a meeting of directors and acting directors shall not affect the power of the directors and acting directors present at such meeting to exercise the powers of an emergency board of directors as prescribed in this section. Nothing contained in this act shall be construed as requiring a meeting of the board of such an organization to be convened in any manner different from that prescribed by its charter and by the provisions of law other than this act.

      Sec. 6.  If three or more directors or acting directors of any domestic organization are present at any meeting of its board duly convened during an acute emergency affecting such domestic organization, they shall constitute its emergency board of directors which, notwithstanding any contrary provision of law or of its charter, may, subject to the limitation prescribed in this act, by a majority of those present, take any action which may be necessary to enable such domestic organization to meet the exigencies of the acute emergency and conduct its business during such period.


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

ê1963 Statutes of Nevada, Page 228 (Chapter 156, AB 78)ê

 

      Sec. 7.  The powers of an emergency board of directors shall include, but shall not be limited to, the following:

      1.  At any meeting to elect such acting directors as it may deem necessary, without regard to the number of directors which would otherwise be required, to serve in any positions on such board which are vacant or in place of any directors or acting directors who are absent from such meeting, but not to elect any director on a permanent basis.

      2.  To elect such acting officers as it may deem necessary, without regard to the number of officers which would otherwise be required, to serve in any offices which are vacant or in place of any officers or acting officers who fail to appear and assume their duties, to fix the compensation and determine the powers and duties of acting officers and to remove acting officers, but not to remove any officer or fill any vacancy on a permanent basis or to cause the organization to enter into any contract of employment for a term of over 1 year.

      3.  To cause the organization to change the location of its principal office, pursuant to section 4 of this act, or any of its places of business, and to authorize such action as it may deem appropriate to acquire space and facilities at the new locations, but not to acquire for use as its principal office property in fee or for a term of over 1 year.

      4.  To postpone any meeting of the stockholders, policyholders, members or directors of such organization if, in the judgment of the members of such emergency board of directors, it would be impracticable to hold such meeting at the time it would otherwise have been held or conducted.

      5.  If it appears to an emergency board of directors that a quorum of the board cannot be assembled within a reasonable time, to call a meeting of the stockholders, policyholders or members of the organization to be held as soon as the circumstances may reasonably permit, at a place to be designated by the emergency board of directors within this state or a contiguous state, for the purpose of electing directors to fill vacancies on the board, but for no other purpose, and to propose nominees for such election. Any such meeting of stockholders, policyholders or members shall be held upon notice given in accordance with the charter of the organization and applicable law other than this act.

      Sec. 8.  As soon as practicable after each meeting of an emergency board of directors, the person who presided thereat shall notify the commissioner in writing of the time and place of such meeting, of the manner in which notice thereof was given, of the persons present, and of all actions taken at such meeting.

      Sec. 9.  No person prohibited by law or by the charter of a domestic organization from serving as a member of its board shall be eligible to serve as an acting director except that no person shall be disqualified to serve as an acting director by reason of his not being a stockholder, policyholder or member of such organization, by reason of his not being a resident of this state or of a contiguous state, or by reason of the number of the directors or acting directors who are officers, acting officers or employees of the organization. Any person may serve as an acting director of a fund who is a director, acting director, officer or acting officer of an organization which is party to the agreement creating the fund.


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

ê1963 Statutes of Nevada, Page 229 (Chapter 156, AB 78)ê

 

acting officer of an organization which is party to the agreement creating the fund. No oath of acting directors shall be required.

      Sec. 10.  Acting directors elected pursuant to the provisions of section 7 of this act or appointed pursuant to the provisions of section 12 of this act shall be entitled to notice of and to vote at all meetings of an emergency board of directors equally with directors. Acting directors shall not be entitled to take part in the deliberations or to vote at any meeting of the board which is duly convened in accordance with the applicable provisions of its charter and of law other than this act and at which a quorum is present. Each acting director shall serve until the director or acting director in whose place he was elected or appointed shall attend a meeting of the board or until a director is duly elected to fill the vacancy in which such acting director has been serving, whichever event occurs earlier. An acting director shall be entitled to the compensation, if any, payable to a director.

      Sec. 11.  Acting officers elected pursuant to section 7 of this act shall have such powers and duties and receive such compensation as may from time to time be determined by the board or emergency board of directors. Each acting officer shall serve until the officer in whose place he was elected shall appear and assume his duties or until his successor officer or acting officer shall be elected, whichever event occurs earlier.

      Sec. 12.  If at any time during an acute emergency, the number of directors or acting directors of a domestic organization who are capable of acting is less than three, the commissioner may designate additional acting directors in such number as will bring to three the number of directors and acting directors who are capable of acting.

      Sec. 13.  To resolve controversy as to the power of any group of persons purporting to act as an emergency board of directors so to act, the commissioner may, upon a determination that such action will tend to promote the safe and sound and orderly conduct of the business of any domestic organization, issue orders declaring that any such group shall or shall not have the powers of an emergency board of directors, or confirming, modifying or vacating in whole or in part any action taken or purportedly taken by any such group, or removing any acting director.

      Sec. 14.  1.  At any time after an attack, upon his determination that such action will tend to promote certainty as to the powers of organizations or individuals pursuant to this act, or that such action is desirable to enable organizations to take preparatory precautions prior to the occurrence of an acute emergency, the commissioner may declare that any provision of this act which he may specify shall be operative with respect to any domestic organization or to the Nevada business of any other organization which he may designate. Upon such declaration such organization and its directors, officers, acting directors and acting officers shall have all powers conferred by such provisions of this act. The failure of the commissioner so to declare shall not be deemed to limit the powers of any organization or its directors, officers, acting directors or acting officers where an acute emergency exists in fact.


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

ê1963 Statutes of Nevada, Page 230 (Chapter 156, AB 78)ê

 

      2.  At any time after the commencement of an acute emergency or after the commissioner has declared any provision of this act operative pursuant to subsection 1 of this section, upon his determination that an organization is able, in whole or in part, to carry on its business in compliance with its charter and the laws other than this act, the commissioner may declare that any provision of this act which he may specify shall be inoperative with respect to any domestic organization or to the Nevada business of any other organization which he may designate. Upon such declaration, such organization shall be governed by its charter and the provisions of law other than this act, except insofar as other provisions of this act remain operative.

      Sec. 15.  Upon the commissioner’s determination that, as a result of an acute emergency, the business and affairs of an organization cannot otherwise be conducted in a safe and sound manner, he may forthwith take possession of the business and property of the organization within this state or, if a domestic organization, its business and property wherever situated. The provisions of chapter 687 of NRS shall be applicable in any case in which the commissioner takes possession of an organization pursuant to this section as though the organization were an insurer of which the commissioner had taken possession pursuant to chapter 687 of NRS, except that no such provision shall be applicable which the commissioner has declared inapplicable pursuant to this section. The commissioner shall have power to declare inapplicable any such provision upon his determination that the same is inappropriate or unnecessary to protect the interests of the public or the stockholders or creditors of the organization, in view of the acute emergency and the nature of the organization.

      Sec. 16.  1.  The powers given the commissioner by sections 13 and 15 of this act shall be exercised by him only if there is no court of competent jurisdiction available to which an application can be made for an order permitting him to exercise such powers with respect to a particular organization, but the powers conferred by section 15 of this act shall not be exercised in the case of an organization which is not insolvent within the meaning of NRS 687.020, unless the commissioner finds that such organization lacks personnel able to manage its business in the interests of the public, its stockholders and policyholders.

      2.  The commissioner may issue general and specific regulations, directives and orders consistent with and in furtherance of the purposes of this act.

      Sec. 17.  1.  In any action or proceeding it shall be presumed that an acute emergency existing within any city or county within the state constitutes an acute emergency affecting every organization doing business within such city or county.

      2.  During an acute emergency:

      (a) The board of a domestic organization which has adopted emergency bylaws, approved by the commissioner, shall have the powers conferred by such bylaws and, except as provided in subsection 1 of section 14 of this act, shall, to the extent that such bylaws relate to the subject matter contained in sections 5 to 11, inclusive, of this act, have no other or different powers with respect to such subject matter.


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

ê1963 Statutes of Nevada, Page 231 (Chapter 156, AB 78)ê

 

act, have no other or different powers with respect to such subject matter.

      (b) The board of a domestic organization which has not adopted emergency bylaws, approved by the commissioner, shall have all powers of an emergency board of directors pursuant to sections 4 to 11, inclusive, of this act.

      Sec. 18.  Nothing in this act shall be construed to limit the powers of any organization, or to permit or require any organization which is not domiciled in this state, or any branch, office or agency of such organization, or the directors, officers, policyholders or stockholders of any such organization to act, or fail to act, in such a manner as would violate the laws of the jurisdiction wherein such organization has its domicile.

      Sec. 19.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 157, AB 77

Assembly Bill No. 77–Committee on Banking, Insurance and Corporations

CHAPTER 157

AN ACT to amend chapter 688 of NRS, relating to fraternal benefit societies, by creating new provisions defining terms; providing for the formation, regulation, consolidation and merger of domestic societies, admission of foreign or alien societies and licensing of agents; establishing benefits a society may provide and standard provisions to be included in the benefit contracts; providing for the powers of the commissioner of insurance and for notices, hearings and other proceedings; requiring reserves; and providing penalties; to amend NRS section 690.200, relating to definitions concerning unclaimed funds of life insurance companies, by changing a reference; to repeal NRS sections 688.010 to 688.500, inclusive, relating to the regulation of fraternal benefit societies; and providing other matters properly relating thereto.

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 688 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 59, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires:

      1.  “Premiums” means premiums, rates or other required contributions by whatever name known.

      2.  “Society” means a fraternal benefit society.

      Sec. 3.  Any incorporated society, order or supreme lodge, without capital stock, including one exempted under the provisions of paragraph (b) of subsection 1 of section 58 of this act whether incorporated or not, conducted solely for the benefit of its members and their beneficiaries and not for profit, operated on a lodge system with ritualistic form of work, having a representative form of government, and which makes provision for the payment of benefits in accordance with this chapter, is hereby declared to be a fraternal benefit society.


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

ê1963 Statutes of Nevada, Page 232 (Chapter 157, AB 77)ê

 

accordance with this chapter, is hereby declared to be a fraternal benefit society.

      Sec. 4.  A society having a supreme legislative or governing body and subordinate lodges or branches by whatever name known, into which members are elected, initiated or admitted in accordance with its constitution, laws, ritual and rules, which subordinate lodges or branches shall be required by the laws of the society to hold regular meetings at least once in each month, shall be deemed to be operating on the lodge system.

      Sec. 5.  A society shall be deemed to have a representative form of government when:

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

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

      3.  The meetings of the supreme legislative or governing body and the election of officers, representatives or delegates are held as often as once in 4 calendar years;

      4.  Each insured member shall be eligible for election to act or serve as a delegate to such meeting;

      5.  The society has a board of directors charged with the responsibility of managing its affairs in the interim between meetings of its supreme legislative or governing body, subject to control by such body and having powers and duties delegated to it in the constitution or laws of the society;

      6.  The board of directors is elected by the supreme legislative or governing body, except in case of filling a vacancy in the interim between meetings of such body;

      7.  The officers are elected either by the supreme legislative or governing body or by the board of directors; and

      8.  The members, officers, representatives or delegates shall not vote by proxy.

      Sec. 6.  Seven or more citizens of the United States, a majority of whom are citizens of this state, who desire to form a fraternal benefit society, may make, sign and acknowledge before some officer, competent to take acknowledgment of deeds, articles of incorporation, in which shall be stated:

      1.  The proposed corporate name of the society, which shall not so closely resemble the name of any society or insurance company as to be misleading or confusing;

      2.  The purposes for which it is being formed, which shall not include more liberal powers than are granted by this chapter, but any lawful, social, intellectual, educational, charitable, benevolent, moral, fraternal or religious advantages may be set forth among the purposes of the society;


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

ê1963 Statutes of Nevada, Page 233 (Chapter 157, AB 77)ê

 

      3.  The mode in which its corporate powers are to be exercised; and

      4.  The names and residences of the incorporators and the names, residences and official titles of all the officers, trustees, directors or other persons who are to have and exercise the general control of the management of the affairs and funds of the society for the first year or until the ensuing election at which all such officers shall be elected by the supreme legislative or governing body, which election shall be held not later than 1 year from the date of the issuance of the permanent certificate.

      Sec. 7.  1.  The articles of incorporation, duly certified copies of the constitution, laws and rules, copies of all proposed forms of certificates, applications therefor, and circulars to be issued by the society and a bond conditioned upon the return to applicants of the advanced payments if the organization is not completed within 1 year shall be filed with the commissioner, who may require such further information as he deems necessary. The bond with sureties approved by the commissioner shall be in such amount, not less than $5,000 nor more than $25,000, as required by the commissioner. All documents filed shall be in the English language. If the purposes of the society conform to the requirements of this chapter and all provisions of the law have been complied with, the commissioner shall so certify, retain and file the articles of incorporation and furnish the incorporators a preliminary certificate authorizing the society to solicit members as provided in this chapter.

      2.  No preliminary certificate granted under the provisions of this section shall be valid after 1 year from its date or after such further period, not exceeding 1 year, as may be authorized by the commissioner upon cause shown, unless 500 applicants have been secured and the organization has been completed as provided in this chapter. The articles of incorporation and all proceedings thereunder shall become void in 1 year from the date of the preliminary certificate, or at the expiration of the extended period, unless the society shall have completed its organization and received a certificate of authority to do business.

      Sec. 8.  1.  Upon receipt of a preliminary certificate from the commissioner, the society:

      (a) May solicit members for the purpose of completing its organization;

      (b) Shall collect from each applicant the amount of not less than one regular monthly premium in accordance with its table of rates as provided by its constitution and laws; and

      (c) Shall issue to each such applicant a receipt for the amount so collected.

      2.  No society shall incur any liability other than for the return of such advance premium, or issue any certificate, or pay, allow, or offer or promise to pay or allow, any death or disability benefit to any person until:

      (a) Actual bona fide applications for death benefits have been secured aggregating at least $500,000 on not less than 500 lives;


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

ê1963 Statutes of Nevada, Page 234 (Chapter 157, AB 77)ê

 

      (b) All such applicants for death benefits shall have furnished evidence of insurability satisfactory to the society;

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

      (d) Ten subordinate lodges or branches have been established into which the 500 applicants have been admitted.

      (e) There has been submitted to the commissioner, under oath of the president or secretary, or corresponding officer of the society, a list of such applicants, giving their names, addresses, date each was admitted, name and number of the subordinate branch of which each applicant is a member, amount of benefits to be granted and premiums therefor; and

      (f) It shall have been shown to the commissioner, by sworn statement of the treasurer or corresponding officer of such society, that at least 500 applicants have each paid in cash at least one regular monthly premium as provided in this chapter, which premiums in the aggregate shall amount to at least $2,500, all of which shall be credited to the fund or funds from which benefits are to be paid and no part of which may be used for expenses.

      3.  The advance premiums provided for in subsection 2 shall be held in trust during the period of organization and if the society has not qualified for a certificate of authority within 1 year, as provided in this chapter, such premiums shall be returned to such applicants.

      Sec. 9.  1.  The commissioner may make such examination and require such further information as he deems advisable. Upon presentation of satisfactory evidence that the society has complied with all the provisions of law, he shall issue to the society a certificate to that effect and that the society is authorized to transact business pursuant to the provisions of this chapter.

      2.  The certificate shall be prima facie evidence of the existence of the society at the date of such certificate.

      3.  The commissioner shall cause a record of such certificate to be made. A certified copy of such record may be given in evidence with like effect as the original certificate.

      Sec. 10.  Every society shall have the power to:

      1.  Adopt a constitution and laws for the government of the society, the admission of its members, the management of its affairs and the fixing and readjusting of the rates of its members from time to time.

      2.  Change, alter, add to or amend such constitution and laws and shall have such other powers as are necessary and incidental to carrying into effect the objects and purposes of the society.

      Sec. 11.  1.  Any incorporated society authorized to transact business in this state before July 1, 1963, may thereafter exercise all the rights, powers and privileges prescribed in this chapter and in its charter or articles of incorporation as far as consistent with this chapter.

      2.  A domestic society shall not be required to reincorporate.


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

ê1963 Statutes of Nevada, Page 235 (Chapter 157, AB 77)ê

 

      Sec. 12.  1.  After July 1, 1964, no unincorporated or voluntary association shall be permitted to transact business in this state as a fraternal benefit society.

      2.  Any domestic voluntary association authorized to transact business in this state on July 1, 1963, may incorporate and shall receive from the commissioner a permanent certificate of incorporation as a fraternal benefit society when:

      (a) It shall have completed its conversion to an incorporated society not later than July 1, 1964.

      (b) It has filed its articles of incorporation and has satisfied the other requirements of sections 8 to 10, inclusive, of this act.

      (c) The commissioner shall have made such examination and procured whatever additional information he shall deem advisable.

      3.  Every voluntary association so incorporated shall incur the obligations and enjoy the benefits thereof in the same manner as though originally incorporated, and such corporation shall be deemed a continuation of the original voluntary association. The officers thereof shall serve through their respective terms as provided in its original articles of association, but their successors shall be elected and serve as provided in its articles of incorporation.

      4.  Incorporation of a voluntary association shall not affect existing suits, claims or contracts.

      Sec. 13.  1.  The principal office and principal place of business of any domestic society shall be located in this state.

      2.  The meetings of its supreme legislative or governing body may be held in any state, district, province or territory wherein such society has at least five subordinate branches, and all business transacted at such meetings shall be as valid in all respects as if such meetings were held in this state.

      Sec. 14.  1.  A domestic society may consolidate or merge with any other society by complying with the provisions of this section.

      2.  Such society shall file with the commissioner:

      (a) A certified copy of the written contract containing in full the terms and conditions of the consolidation or merger;

      (b) A sworn statement by the president and secretary or corresponding officers of each society showing the financial condition thereof on a date fixed by the commissioner, but not earlier than December 31, next preceding the date of the contract;

      (c) A certificate of such officers, duly verified by their respective oaths, that the consolidation or merger has been approved by a two-thirds vote of the supreme legislative or governing body of each society; and

      (d) Evidence that at least 60 days prior to the action of the supreme legislative or governing body of each society, the text of the contract has been furnished to all members of each society either by mail or by publication in full in the official organ of each society.

      3.  If the commissioner finds that the contract is in conformity with the provisions of this section, that the financial statements are correct and that the consolidation or merger is just and equitable to the members of each society, he shall approve the contract and issue his certificate to such effect.


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ê1963 Statutes of Nevada, Page 236 (Chapter 157, AB 77)ê

 

and that the consolidation or merger is just and equitable to the members of each society, he shall approve the contract and issue his certificate to such effect.

      4.  Upon such approval, the contract shall be in full force and effect unless any society which is a party to the contract is incorporated under the laws of any other state or territory. In such event the consolidation or merger shall not become effective unless and until it has been approved as provided by the laws of such state or territory and a certificate of such approval has been filed with the commissioner of this state or, if the laws of such state or territory contain no such provision, the consolidation or merger shall not become effective unless and until it has been approved by the commissioner of insurance of such state or territory and a certificate of such approval has been filed with the commissioner.

      5.  Upon the consolidation or merger becoming effective as provided in this chapter, all the rights, franchises and interests of the consolidated or merged societies in and to every species of property, real, personal or mixed, and things in action belonging thereto shall be vested in the society resulting from or remaining after the consolidation or merger without any other instrument, except that conveyances of real property may be evidenced by proper deeds. The title to any real estate or interest therein, vested under the laws of this state in any of the societies consolidated or merged, shall not revert or be in any way impaired by reason of the consolidation or merger but shall vest absolutely in the society resulting from or remaining after such consolidation or merger.

      6.  The affidavit of any officer of the society or of anyone authorized by it to mail any notice or document, stating that such notice or document has been duly addressed and mailed, shall be prima facie evidence that such notice or document has been furnished the addressees.

      Sec. 15.  1.  Any domestic fraternal benefit society may be converted and licensed as a mutual life insurance company by compliance with all the requirements of chapter 682 of NRS if such plan of conversion has been approved by the commissioner.

      2.  Such plan shall be prepared in writing setting forth in full the terms and conditions thereof.

      3.  The board of directors shall submit such plan to the supreme legislative or governing body of such society at any regular or special meeting thereof, by giving a full, true and complete copy of such plan with the notice of such meeting. The notice shall be given as provided in the laws of the society for the convocation of a regular or special meeting of such body, as the case may be. The affirmative vote of two-thirds of all members of such body shall be necessary for the approval of such agreement.

      4.  No such conversion shall take effect unless and until approved by the commissioner, who may give such approval if he finds that the proposed change is in conformity with the requirements of law and not prejudicial to the certificate holders of the society.

      Sec. 16.  1.  A society may admit to benefit membership any person not less than 14 1/2 years of age who has furnished evidence of insurability acceptable to the society.


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

ê1963 Statutes of Nevada, Page 237 (Chapter 157, AB 77)ê

 

not less than 14 1/2 years of age who has furnished evidence of insurability acceptable to the society.

      2.  Any such member who shall apply for additional benefits more than 6 months after becoming a benefit member shall furnish additional evidence of insurability acceptable to the society, unless such additional benefits are issued pursuant to an existing contract under the terms of which such member is entitled to purchase such additional benefits without furnishing evidence of insurability.

      3.  Any person admitted prior to attaining the age of 21 years shall be bound by the terms of the application and certificate and by all the laws and rules of the society and shall be entitled to all the rights and privileges of membership therein to the same extent as though the age of majority had been attained at the time of application.

      4.  A society may also admit general or social members who shall have no voice or vote in the management of its insurance affairs.

      Sec. 17.  1.  A domestic society may amend its articles of incorporation, constitution or laws in accordance with the provisions thereof by action of its supreme legislative or governing body at any regular or special meeting thereof or, if its articles of incorporation, constitution or laws so provide, by referendum. Such referendum may be held in accordance with the provisions of its articles of incorporation, constitution or laws by the vote of the voting members of the society, by the vote of delegates or representatives of voting members or by the vote of local lodges or branches. No amendment submitted for adoption by referendum shall be adopted unless, within 6 months from the date of submission thereof, a majority of all of the voting members of the society shall have signified their consent to such amendment by one of the methods specified in this section.

      2.  No amendment to the articles of incorporation, constitution or laws of any domestic society shall take effect unless approved by the commissioner, who shall approve such amendment if he finds that it has been duly adopted and is not inconsistent with any requirement of the laws of this state or with the character, objects and purposes of the society. Unless the commissioner shall disapprove any such amendment within 60 days after the filing of same, such amendment shall be considered approved. The approval or disapproval of the commissioner shall be in writing and mailed to the secretary or corresponding officer of the society at its principal office. If the commissioner disapproves such amendment, the reasons therefor shall be stated in such written notice.

      3.  Within 90 days from the approval thereof by the commissioner, all such amendments, or a synopsis thereof, shall be furnished to all members of the society either by mail or by publication in full in the official organ of the society. The affidavit of any officer of the society or of anyone authorized by it to mail any amendments or synopsis thereof, stating facts which show that such amendments or synopsis thereof have been duly addressed and mailed, shall be prima facie evidence that such amendments or synopsis thereof have been furnished the addressee.


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

ê1963 Statutes of Nevada, Page 238 (Chapter 157, AB 77)ê

 

      4.  Every foreign or alien society authorized to do business in this state shall file with the commissioner a duly certified copy of all amendments of, or additions to, its articles of incorporation, constitution or laws within 90 days after enactment.

      5.  Printed copies of the constitution or laws as amended, certified by the secretary or corresponding officer of the society shall be prima facie evidence of the legal adoption thereof.

      Sec. 18.  1.  It shall be lawful for a society to create, maintain and operate charitable, benevolent or educational institutions for the benefit of its members and their families and dependents and for the benefit of children insured by the society. For such purpose it may own, hold or lease personal property or real property located within or without this state, with necessary buildings thereon. Such property shall be reported in every annual statement but shall not be allowed as an admitted asset of such society.

      2.  Maintenance, treatment and proper attendance in any such institution may be furnished free or a reasonable charge may be made therefor, but no such institution shall be operated for profit.

      3.  The society shall maintain a separate accounting of any income and disbursements under this section and report them in its annual statement.

      4.  No society shall own or operate funeral homes or undertaking establishments.

      Sec. 19.  1.  A society authorized to do business in this state may provide for the payment of:

      (a) Death benefits in any form;

      (b) Endowment benefits;

      (c) Annuity benefits;

      (d) Temporary or permanent disability benefits as a result of disease or accident;

      (e) Hospital, medical or nursing benefits due to sickness or bodily infirmity or accident; and

      (f) Monument or tombstone benefits to the memory of deceased members not exceeding in any case the sum of $300.

      2.  Such benefits may be provided on the lives of members or, upon application of a member, on the lives of the member’s family, including the member, the member’s spouse and minor children, in the same or separate certificates.

      3.  The officers and members of the supreme, grand or any subordinate body of a society shall not be personally liable for payment of any benefits provided by a society.

      Sec. 20.  A society may provide for benefits on the lives of children under the minimum age for adult membership but not more than 21 years of age at the time of application therefor, upon the application of some adult person, as its laws or rules may provide. Such benefits shall be in accordance with the provisions of subsection 1 of section 19 of this act. A society may, at its option, organize and operate branches for such children. Membership and initiation in local lodges shall not be required of such children, nor shall they have a voice in the management of society.


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

ê1963 Statutes of Nevada, Page 239 (Chapter 157, AB 77)ê

 

      Sec. 21.  1.  A society may grant paid-up nonforfeiture benefits, cash surrender values, certificate loans and such other options as its laws may permit. As to certificates issued on and after July 1, 1963, a society shall grant at least one paid-up nonforfeiture benefit, except in the case of pure endowment, annuity or reversionary annuity contracts, reducing term insurance contracts or contracts of term insurance of uniform amount of 15 years or less expiring before age 66.

      2.  In the case of certificates other than those for which reserves are computed on the Commissioners 1941 Standard Ordinary Mortality Table, the Commissioners 1941 Standard Industrial Mortality Table or the Commissioners 1958 Standard Ordinary Mortality Table, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted shall not be less than the excess, if any, of:

      (a) The reserve under the certificate determined on the basis specified in the certificate; over

      (b) The sum of any indebtedness to the society on the certificate including interest due and accrued, and a surrender charge equal to 2 1/2 percent of the face amount of the certificate, which, in the case of insurance on the lives of children, shall be the ultimate face amount of the certificate, if death benefits provided therein are graded.

      3.  In the case of certificates issued on a substandard basis or in the case of certificates the reserve for which are computed upon the American Men Ultimate Table of Mortality, the term of any extended insurance benefit granted, including accompanying pure endowment, if any, may be computed upon the rates of mortality not greater than 130 percent of those shown by the mortality table specified in the certificate for the computation of the reserve.

      4.  In the case of certificates for which reserves are computed on the Commissioners 1941 Standard Ordinary Mortality Table, the Commissioners 1941 Standard Industrial Mortality Table or the Commissioners 1958 Standard Ordinary Mortality Table, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted shall not be less than the corresponding amount ascertained in accordance with the provisions of the laws of this state applicable to life insurance companies issuing policies containing like insurance benefits based upon such tables.

      Sec. 22.  1.  A member shall have the right at all times to change the beneficiary or beneficiaries in accordance with the constitution, laws or rules of the society. Every society by its constitution, laws or rules may limit the scope of beneficiaries and shall provide that no beneficiary shall have or obtain any vested interest in the proceeds of any certificate until the certificate has become due and payable in conformity with the provisions of the insurance contract.

      2.  A society may make provision for the payment of funeral benefits to the extent of such portion of any payment under a certificate as might reasonably appear to be due to any person equitably entitled thereto by reason of having incurred expense occasioned by the burial of the member, but the portion so paid shall not exceed the sum of $500.


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

ê1963 Statutes of Nevada, Page 240 (Chapter 157, AB 77)ê

 

of the member, but the portion so paid shall not exceed the sum of $500.

      3.  If, at the death of any member, there is no lawful beneficiary to whom the insurance benefits shall be payable, the amount of such benefits, except to the extent that funeral benefits may be paid as provided in subsection 2, shall be payable to the personal representative of the deceased member.

      Sec. 23.  No money or other benefit, charity, relief or aid to be paid, provided or rendered by any society shall be liable to attachment, garnishment or other process, or to be seized, taken, appropriated or applied by any legal or equitable process or operation of law to pay any debt or liability of a member or beneficiary, or any other person who may have a right thereunder, either before or after payment by the society.

      Sec. 24.  1.  Every society authorized to do business in this state shall issue to each benefit member a certificate specifying the amount of benefits provided thereby. The certificate, together with any riders or endorsements attached thereto, the charter or articles of incorporation, the constitution and laws of the society, the application for membership, and declaration of insurability, if any, signed by the applicant, and all amendments to each thereof, shall constitute the agreement, as of the date of issuance, between the society and the member, and the certificate shall so state. A copy of the application for membership and of the declaration of insurability, if any, shall be endorsed upon or attached to the certificate.

      2.  All statements purporting to be made by the member shall be representations and not warranties. Any waiver of this provision shall be void.

      3.  Any changes, additions or amendments to the charter or articles of incorporation, constitution or laws duly made or enacted subsequent to the issuance of the certificate shall bind the member and the beneficiaries, and shall govern and control the agreement in all respects in the same manner as though such changes, additions or amendments had been made prior to and were in force at the time of the application for membership, except that no change, addition or amendment shall destroy or diminish benefits which the society contracted to give the members as of the date of issuance.

      4.  Copies of any of the documents mentioned in this section, certified by the secretary or corresponding officer of the society, shall be received in evidence of the terms and conditions thereof.

      5.  A society shall provide in its constitution or laws that if its reserves as to all or any class of certificates become impaired its board of directors or corresponding body may require that there shall be paid by the member to the society the amount of the member’s equitable proportion of such deficiency as ascertained by its board, and that if the payment be not made it shall stand as an indebtedness against the certificate and draw interest not to exceed 5 percent per annum compounded annually.


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

ê1963 Statutes of Nevada, Page 241 (Chapter 157, AB 77)ê

 

      Sec. 25.  1.  After July 1, 1964, no life benefit certificate shall be delivered or issued for delivery in this state unless a copy of the form shall have been filed with the commissioner.

      2.  The certificate shall contain in substance the following standard provisions or, in lieu thereof, provisions which are more favorable to the member.

      (a) A title on the face and filing page of the certificate clearly and correctly describing its form.

      (b) A provision stating the amount of rates, premiums or other required contributions, by whatever name known, which are payable by the insured under the certificate.

      (c) A provision that the member is entitled to a grace period of not less than a full month, or 30 days at the option of the society, in which the payment of any premium after the first may be made. During such grace period the certificate shall continue in full force, but in case the certificate becomes a claim during the grace period before the overdue payment is made, the amount of such overdue payment or payments may be deducted in any settlement under the certificate.

      (d) A provision that the member shall be entitled to have the certificate reinstated at any time within 3 years from the due date of the premium in default, unless the certificate has been completely terminated through the application of a nonforfeiture benefit, cash surrender value or certificate loan, upon the production of evidence of insurability satisfactory to the society and the payment of all overdue premiums and any other indebtedness to the society upon the certificate, together with interest on such premiums and such indebtedness, if any, at a rate not exceeding 6 percent per annum compounded annually.

      (e) Except in the case of pure endowment, annuity or reversionary annuity contracts, reducing term insurance contracts, or contracts of term insurance of uniform amount of 15 years or less expiring before age 66, a provision that, in the event of default in payment of any premium after 3 full years’ premiums have been paid or after premiums for a lesser period have been paid if the contract so provides, the society will grant, upon proper request not later than 60 days after the due date of the premium in default, a paid-up nonforfeiture benefit on the plan stipulated in the certificate, effective as of such due date, of such value as specified in this chapter. The certificate may provide, if the society’s laws so specify or if the member shall so elect prior to the expiration of the grace period of any overdue premium, that default shall not occur so long as premiums can be paid under the provisions of an arrangement for automatic premium loan as may be set forth in the certificate.

      (f) A provision that one paid-up nonforfeiture benefit as specified in the certificate shall become effective automatically unless the member elects another available paid-up nonforfeiture benefit, not later than 60 days after the due date of the premium in default.

      (g) A statement of the mortality table and rate of interest used in determining all paid-up nonforfeiture benefits and cash surrender options available under the certificate, and a brief general statement of the method used in calculating such benefits.


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

ê1963 Statutes of Nevada, Page 242 (Chapter 157, AB 77)ê

 

determining all paid-up nonforfeiture benefits and cash surrender options available under the certificate, and a brief general statement of the method used in calculating such benefits.

      (h) A table showing in figures the value of every paid-up nonforfeiture benefit and cash surrender option available under the certificate for each certificate anniversary either during the first 20 certificate years or during the term of the certificate, whichever is shorter.

      (i) A provision that the certificate shall be incontestable after it has been in force during the lifetime of the member for a period of 2 years from its date of issue except for nonpayment of premiums, violation of the provisions of the certificate relating to military, aviation or naval service and violation of the provisions relating to suspension or expulsion as substantially set forth in the certificate. At the option of the society, supplemental provisions relating to benefits in the event of temporary or permanent disability or hospitalization, and provisions which grant additional insurance specifically against death by accident or accidental means, may also be excepted. The certificate shall be incontestable on the ground of suicide after it has been in force during the lifetime of the member for a period of 2 years from date of issue. The certificate may provide, as to statements made to procure reinstatement, that the society shall have the right to contest a reinstated certificate within a period of 2 years from date of reinstatement with the same exceptions as herein provided.

      (j) A provision that in case the age or sex of the member or of any other person is considered in determining the premium and it is found at any time before final settlement under the certificate that the age or sex has been misstated, and the discrepancy and premium involved have not been adjusted, the amount payable shall be such as the premium would have purchased at the correct age and sex. If the correct age or sex was not an insurable age or sex under the society’s charter or laws, only the premiums paid to the society, less any payments previously made to the member, shall be returned or, at the option of the society, the amount payable under the certificate shall be such as the premium would have purchased at the correct age and sex according to the society’s promulgated rates and any extension thereof based on actuarial principles.

      (k) A provision or provisions which recite fully, or which set forth the substance of, all sections of the charter, constitution, laws, rules or regulations of the society, in force at the time of issuance of the certificate, the violation of which will result in the termination of, or in the reduction of, the benefit or benefits payable under the certificate.

      (l) If the constitution or laws of the society provide for expulsion or suspension of a member, any member so expelled or suspended, except for nonpayment of a premium or within the contestable period for material misrepresentations in such member’s application for membership shall have the privilege of maintaining his insurance in force by continuing payment of the required premium.


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

ê1963 Statutes of Nevada, Page 243 (Chapter 157, AB 77)ê

 

      3.  Any of the provisions, or portions thereof, provided for in subsection 2 which are not applicable by reason of the plan of insurance or because the certificate is an annuity certificate may, to the extent inapplicable, be omitted from the certificate.

      Sec. 26.  After July 1, 1964, no life benefit certificate shall be delivered or issued for delivery in this state containing in substance any of the following provisions:

      1.  Any provision limiting the time within which any action at law or in equity may be commenced to less than 2 years after the cause of action shall accrue;

      2.  Any provision by which the certificate shall purport to be issued or to take effect more than 6 months before the original application for the certificate was made, except in case of transfer from one form of certificate to another in connection with which the member is to receive credit for any reserve accumulation under the form of certificate from which the transfer is made; or

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

      Sec. 27.  1.  No domestic, foreign or alien society authorized to do business in this state shall issue or deliver in this state any certificate or other evidence of any contract of accident insurance or health insurance or of any total and permanent disability insurance contract unless and until the form thereof, together with the form of application and all riders or endorsements for use in connection therewith, shall have been filed with the commissioner.

      2.  The commissioner shall have power, from time to time, to make, alter and supersede reasonable regulations prescribing the required, optional and prohibited provisions in such contracts, and such regulations shall conform, as far as practicable, to the provisions of NRS 692.130 to 692.480, inclusive.

      3.  Where the commissioner deems inapplicable, either in part or in their entirety, the provisions of the foregoing sections, he may prescribe the portions or summary thereof of the contract to be printed on the certificate issued to the member.

      Sec. 28.  1.  The constitution and laws of the society may provide that no subordinate body nor any of its subordinate officers or members shall have the power or authority to waive any of the provisions of the laws and constitution of the society.

      2.  Such provisions shall be binding on the society and every member and beneficiary of a member.

      Sec. 29.  1.  A domestic society may, by a reinsurance agreement, cede any individual risk or risks in whole or in part to an insurer, other than another fraternal benefit society, having the power to make such reinsurance and authorized to do business in this state, or if not so authorized, one which is approved by the commissioner, but no such society may reinsure substantially all of its insurance in force without the written permission of the commissioner.

      2.  A society may take credit for the reserves on such ceded risks to the extent reinsured, but no credit shall be allowed as an admitted asset or as a deduction from liability, to a ceding society for reinsurance made, ceded, renewed, or otherwise becoming effective after July 1, 1963, unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding society under the contract or contracts reinsured without diminution because of the insolvency of the ceding society.


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ê1963 Statutes of Nevada, Page 244 (Chapter 157, AB 77)ê

 

to the extent reinsured, but no credit shall be allowed as an admitted asset or as a deduction from liability, to a ceding society for reinsurance made, ceded, renewed, or otherwise becoming effective after July 1, 1963, unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding society under the contract or contracts reinsured without diminution because of the insolvency of the ceding society.

      Sec. 30.  1.  Societies which are authorized to transact business in this state on July 1, 1963, may continue such business until May 1, 1964. The authority of such societies and all societies licensed after July 1, 1963, may thereafter be renewed annually, but in all cases shall terminate on the 1st day of the succeeding May, but a license so issued shall continue in full force and effect until the new license be issued or specifically refused.

      2.  For each such license or renewal the society shall pay to the commissioner a fee of $10.

      3.  A duly certified copy or duplicate of such license shall be prima facie evidence that the licensee is a fraternal benefit society within the meaning of this chapter.

      Sec. 31.  1.  No foreign or alien society shall transact business in this state without a license issued by the commissioner.

      2.  Any such society may be licensed to transact business in this state upon a showing that its assets are invested in accordance with the provisions of this chapter and upon filing with the commissioner:

      (a) A duly certified copy of its charter or articles of incorporation;

      (b) A copy of its constitution and laws, certified by its secretary or corresponding officer;

      (c) A power of attorney to the commissioner as prescribed in section 41 of this act;

      (d) A statement of its business under oath of its president and secretary or corresponding officers in a form prescribed by the commissioner, duly verified by an examination made by the supervising insurance official of its home state or other state, territory, province or county, satisfactory to the commissioner of this state;

      (e) A certificate from the proper official of its home state, territory, province or country that the society is legally incorporated and licensed to transact business therein;

      (f) Copies of its certificate forms; and

      (g) Such other information as the commissioner may deem necessary.

      3.  Any foreign or alien society desiring admission to this state shall have the qualifications required of domestic societies organized under this chapter.

      Sec. 32.  1.  When the commissioner upon investigation finds that a domestic society:

      (a) Has exceeded its powers;

      (b) Has failed to comply with any provision of this chapter;

      (c) Is not fulfilling its contracts in good faith;

      (d) Has a membership of less than 400 after an existence of 1 year or more; or


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

ê1963 Statutes of Nevada, Page 245 (Chapter 157, AB 77)ê

 

      (e) Is conducting business fraudulently or in a manner hazardous to its members, creditors, the public or the business,

he shall notify the society of his findings, state in writing the reasons for his dissatisfaction, and require the society to show cause on a date named why it should not be enjoined from carrying on any business until the violation complained of shall have been corrected, or why an action in quo warranto should not be commenced against the society.

      2.  If on such date the society does not present good and sufficient reasons why it should not be so enjoined or why such action should not be commenced, the commissioner may present the facts relating thereto to the attorney general, who shall, if he deems the circumstances warrant, commence an action to enjoin the society from transacting business or an action in quo warranto.

      3.  The court shall thereupon notify the officers of the society of a hearing. If, after a full hearing, it appears that the society should be so enjoined or liquidated or a receiver appointed, the court shall enter the necessary order.

      4.  No society so enjoined shall have the authority to do business until:

      (a) The commissioner finds that the violation complained of has been corrected;

      (b) The costs of such action shall have been paid by the society if the court finds that the society was in default as charged;

      (c) The court has dissolved its injunction; and

      (d) The commissioner has reinstated the certificate of authority.

      5.  If the court orders the society liquidated, it shall be enjoined from carrying on any further business, whereupon the receiver of the society shall proceed at once to take possession of the books, papers, money and other assets of the society and, under the direction of the court, proceed forthwith to close the affairs of the society and to distribute its funds to those entitled thereto.

      6.  No action under this section shall be recognized in any court of this state unless brought by the attorney general upon request of the commissioner. Whenever a receiver is to be appointed for a domestic society, the court shall appoint the commissioner as such receiver.

      7.  The provisions of this section relating to hearing by the commissioner, action by the attorney general at the request of the commissioner, hearing by the court, injunction and receivership shall be applicable to a society which shall voluntarily determine to discontinue business.

      Sec. 33.  1.  When the commissioner upon investigation finds that a foreign or alien society transacting or applying to transact business in this state:

      (a) Has exceeded its powers;

      (b) Has failed to comply with any of the provisions of this chapter;

      (c) Is not fulfilling its contracts in good faith; or

      (d) Is conducting its business fraudulently or in a manner hazardous to its members or creditors or the public,

he shall notify the society of his findings, state in writing the reasons for his dissatisfaction and require the society to show cause on a date named why its license should not be suspended, revoked or refused.


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

ê1963 Statutes of Nevada, Page 246 (Chapter 157, AB 77)ê

 

for his dissatisfaction and require the society to show cause on a date named why its license should not be suspended, revoked or refused.

      2.  If on such date the society does not present good and sufficient reason why its authority to do business in this state should not be suspended, revoked or refused, the commissioner may suspend or refuse the license of the society to do business in this state until satisfactory evidence is furnished to him that such suspension or refusal should be withdrawn, or he may revoke the authority of the society to do business in this state.

      3.  Nothing contained in this section shall be taken or construed as preventing any such society from continuing in good faith all contracts made in this state during the time such society was legally authorized to transact business herein.

      Sec. 34.  The term “insurance agent” as used in sections 34 to 40, inclusive, of this act, means any authorized or acknowledged agent of a society who acts as such in the solicitation, negotiation or procurement or making of a life insurance, accident and health insurance or annuity contract, except that the term “insurance agent” shall not include:

      1.  Any regular salaried officer or employee of a licensed society who devotes substantially all of his services to activities other than the solicitation of fraternal insurance contracts from the public, and who receives for the solicitation of such contracts no commission or other compensation directly dependent upon the amount of business obtained; or

      2.  Any agent or representative of a society who devotes, or intends to devote, less than 50 percent of his time to the solicitation and procurement of insurance contracts for such society. Any person who in the preceding calendar year has solicited and procured life insurance contracts on behalf of any society in an amount of insurance in excess of $50,000, or, in the case of any other kind or kinds of insurance which the society might write, on the persons of more than 25 individuals, and who has received or will receive a commission or other compensation therefor, shall be presumed to be devoting, or intending to devote, 50 percent of his time to the solicitation or procurement of insurance contracts for such society.

      Sec. 35.  Any person who in this state acts as insurance agent for a society without having authority so to do by virtue of a license issued and in force pursuant to the provisions of sections 34 to 40, inclusive, of this act shall, except as provided in section 34 of this act, be guilty of a misdemeanor.

      Sec. 36.  No society doing business in this state shall pay any commission or other compensation to any person for any services in obtaining in this state any new contract of life, accident or health insurance, or any new annuity contract, except to a licensed insurance agent of such society or to an agent exempted under section 34 of this act.

      Sec. 37.  1.  The commissioner may issue a license to any person who has paid an annual license fee of $5 and who has complied with the requirements of this chapter authorizing such licensee to act as an insurance agent on behalf of any society named in such license, which society is authorized to do business in this state.


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

ê1963 Statutes of Nevada, Page 247 (Chapter 157, AB 77)ê

 

the requirements of this chapter authorizing such licensee to act as an insurance agent on behalf of any society named in such license, which society is authorized to do business in this state.

      2.  Before any insurance agent’s license shall be issued there shall be on file in the office of the commissioner the following documents:

      (a) A written application by the prospective licensee in such form or forms and supplements thereto, and containing such information, as the commissioner may prescribe.

      (b) A certificate by the society which is to be named in such license, stating that such society has satisfied itself that the named applicant is trustworthy and competent to act as such insurance agent and that the society will appoint such applicant to act as its agent if the license applied for is issued by the commissioner. Such certificates shall be executed and acknowledged by an officer or managing agent of such society.

      3.  No written or other examination shall be required of any individual seeking to be named as a licensee to represent a fraternal benefit society as its agent.

      Sec. 38.  1.  The commissioner may refuse to issue or renew any insurance agent’s license if in his judgment the proposed licensee is not trustworthy and competent to act as such agent, or has given cause for revocation or suspension of such license, or has failed to comply with any prerequisite for the issuance or renewal, as the case may be, of such license.

      2.  Every license issued pursuant to sections 34 to 40, inclusive, of this act, and every renewal thereof, shall expire on December 31 of the even-numbered calendar year following the calendar year in which such license or renewal license was issued.

      3.  If the application for a renewal license shall have been filed with the commissioner on or before December 31 of the year in which the existing license is to expire, such applicant named in such existing license may continue to act as insurance agent under such existing license, unless such license shall be revoked or suspended, until the issuance by the commissioner of the renewal license or until the expiration of 5 days after he shall have refused to renew such license and shall have served written notice of such refusal on the applicant. If the applicant shall, within 30 days after such notice is given, notify the commissioner in writing of his request for a hearing on such refusal, the commissioner shall, within a reasonable time after receipt of such notice, grant such hearing, and he may, in his discretion, reinstate such license.

      4.  Any such renewal license of an insurance agent may be issued upon the application of the society named in the existing license. Such application shall be in the form or forms prescribed by the commissioner and shall contain such information as he may require. Such application shall contain a certificate excluded by the president, or by a vice president, a secretary, an assistant secretary, or corresponding officer by whatever name known, or by an employee expressly designated and authorized to execute such certificate of a domestic or foreign society or by the United States manager of an alien society, stating that the addresses therein given of the agents of such society for whom renewal licenses are requested therein have been verified in each instance immediately preceding the preparation of the application.


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

ê1963 Statutes of Nevada, Page 248 (Chapter 157, AB 77)ê

 

foreign society or by the United States manager of an alien society, stating that the addresses therein given of the agents of such society for whom renewal licenses are requested therein have been verified in each instance immediately preceding the preparation of the application. Notwithstanding the filing of such application, the commissioner may, after reasonable notice to any such society, require that any or all agents of such society to be named as licensees in renewal licenses shall execute and file separate applications for the renewal of such licenses and he may also require that each such application shall be accompanied by the certificate specified in paragraph (b) of subsection 2 of section 37 of this act.

      Sec. 39.  Every society doing business in this state shall, upon the termination of the appointment of any insurance agent licensed to represent it is this state, forthwith file with the commissioner a statement, in such form as he may prescribe, of the facts relative to such termination and the cause thereof. Every statement made pursuant to this section shall be deemed a privileged communication.

      Sec. 40.  1.  The commissioner may revoke or may suspend for such period as he may determine any insurance agent’s license if, after notice and hearing as provided for in section 38 of this act, he determines that the licensee has:

      (a) Violated any provision of, or any obligation imposed by, sections 37 to 40, inclusive, of this act, or has violated any law in the course of his dealings as agent;

      (b) Made a material misstatement in the application for such license;

      (c) Been guilty of fraudulent or dishonest practices;

      (d) Demonstrated his incompetency or untrustworthiness to act as an insurance agent; or

      (e) Been guilty of rebating as defined by the laws of this state applicable to life insurance companies.

      2.  The revocation or suspension of any insurance agent’s license shall terminate forthwith the license of such agent.

      3.  No individual whose license has been revoked shall be entitled to obtain any insurance agent’s license under the provisions of this section for a period of 1 year after such revocation or, if such revocation be judicially reviewed, for 1 year after the final determination thereof affirming the action of the commissioner in revoking such license.

      Sec. 41.  1.  Every society authorized to do business in this state shall appoint in writing the commissioner and each successor in office to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served, and shall agree in such writing that any lawful process against it which is served on such attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this state. Copies of such appointment, certified by the commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted.


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

ê1963 Statutes of Nevada, Page 249 (Chapter 157, AB 77)ê

 

      2.  Service shall be made only upon the commissioner, or if absent, upon the person in charge of his office. It shall be made in duplicate and shall constitute sufficient service upon the society. When legal process against a society is served upon the commissioner, he shall forthwith forward one of the duplicate copies by registered mail, prepaid, directed to the secretary or corresponding officer.

      3.  No such service shall require a society to file its answer, pleading or defense in less than 30 days from the date of mailing the copy of the service to a society.

      4.  Legal process shall not be served upon a society except in the manner herein provided.

      5.  At the time of serving any process upon the commissioner, the plaintiff or complainant in the action shall pay to the commissioner a fee of $2.

      Sec. 42.  No application or petition for injunction against any domestic, foreign or alien society, or branch thereof, shall be recognized in any court of this state unless made by the attorney general upon request of the commissioner.

      Sec. 43.  All decisions and findings of the commissioner made under the provisions of this chapter shall be subject to review by proper proceedings in any court of competent jurisdiction in this state.

      Sec. 44.  1.  All assets shall be held, invested and disbursed for the use and benefit of the society and no member or beneficiary shall have or acquire individual rights therein or become entitled to any apportionment or the surrender of any part thereof, except as provided in the contract.

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

      3.  Every society, the admitted assets of which are less than the sum of its accrued liabilities and reserves under all of its certificates when valued according to standards required for certificates issued after July 1, 1964, shall, in every provision of the laws of the society for payments by members of such society, in whatever form made, distinctly state the purpose of the same and the proportion thereof which may be used for expenses, and no part of the money collected for mortuary or disability purposes or the net accretions thereto shall be used for expenses.

      Sec. 45.  1.  A society shall invest its funds only in such investments as are authorized by the laws of this state for the investment of assets of life insurance companies and subject to the limitations thereon.

      2.  Any foreign or alien society permitted or seeking to do business in this state which invests its funds in accordance with the laws of the state, district, territory, country or province in which it is incorporated shall be held to meet the requirements of this section for the investment of funds.

      Sec. 46.  1.  Reports shall be filed and synopses of annual statements shall be published in accordance with the provisions of sections 46 to 50, inclusive, of this act.

      2.  Every society transacting business in this state shall annually, on or before the 1st day of March, unless for cause shown such time has been extended by the commissioner, file with the commissioner a true statement of its financial condition, transactions and affairs for the preceding calendar year and pay a filing fee of $5.


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

ê1963 Statutes of Nevada, Page 250 (Chapter 157, AB 77)ê

 

on or before the 1st day of March, unless for cause shown such time has been extended by the commissioner, file with the commissioner a true statement of its financial condition, transactions and affairs for the preceding calendar year and pay a filing fee of $5. The statement shall be in general form and context as approved by the National Association of Insurance Commissioners for fraternal benefit societies and as supplemented by additional information required by the commissioner.

      3.  A synopsis of its annual statement providing an explanation of the facts concerning the condition of the society thereby disclosed shall be printed and mailed to each benefit member of the society not later than June 1 of each year, or, in lieu thereof, such synopsis may be published in the society’s official publication.

      4.  As a part of the annual statement required by subsection 2, each society shall, on or before the 1st day of March, file with the commissioner a valuation of its certificates in force on December 31 last preceding, but the commissioner may, in his discretion for cause shown, extend the time for filing such valuation for not more than 2 calendar months. Such report of valuation shall show, as reserve liabilities, the difference between the present midyear value of the promised benefits provided in the certificates of such society in force and the present midyear value of the future net premiums as such premiums are in practice actually collected, not including therein any value for the right to make extra assessments and not including any amount by which the present midyear value of future net premiums exceeds the present midyear value of promised benefits on individual certificates.

      5.  At the option of any society, in lieu of the requirements of subsection 4, the valuation may show the net tabular value. Such net tabular value as to certificates issued prior to July 1, 1964, shall be determined in accordance with the provisions of law applicable prior to July 1, 1963, and as to certificates issued on or after July 1, 1964, shall not be less than the reserves determined according to the Commissioners Reserve Valuation method as defined in section 48 of this act.

      6.  If the premium charged is less than the tabular net premium according to the basis of valuation used, an additional reserve equal to the present value of the deficiency in such premiums shall be set up and maintained as a liability. The reserve liabilities shall be properly adjusted in the event that the midyear or tabular values are not appropriate.

      Sec. 47.  A society neglecting to file the annual statement in the form and within the time provided by section 46 of this act shall forfeit $100 for each day during which such neglect continues, and, upon notice by the commissioner to that effect, its authority to do business in this state shall cease while such default continues.

      Sec. 48.  1.  Reserves according to the Commissioners Reserve Valuation method, for the life insurance and endowment benefits of certificates providing for a uniform amount of insurance and requiring the payment of uniform premiums shall be the excess, if any, of the present value, at the date of valuation, of such future guaranteed benefits provided for by such certificates, over the then-present value of any future modified net premiums therefor.


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

ê1963 Statutes of Nevada, Page 251 (Chapter 157, AB 77)ê

 

provided for by such certificates, over the then-present value of any future modified net premiums therefor. The modified net premiums for any such certificate shall be such a uniform percentage of the respective contract premiums for such benefits that the present value, at the date of issue of the certificate, of all such modified net premiums shall be equal to the sum of the then-present value of such benefits provided for by the certificate and the excess of:

      (a) A net level premium equal to the present value, at the date of issue, of such benefits provided for after the first certificate year, divided by the present value, at the date of issue, of an annuity of one per annum payable on the first and each subsequent anniversary of such certificate on which a premium falls due; over

      (b) A net 1-year term premium for such benefits provided for in the first certificate year.

      2.  The net level annual premium referred to in paragraph (a) of subsection 1 shall not exceed the net level annual premium on the 19-year premium whole life plan for insurance of the same amount at an age 1 year higher than the age at issue of such certificate.

      3.  Reserves according to the Commissioners Reserve Valuation method for:

      (a) Life insurance benefits for varying amounts of benefits or requiring the payment of varying premiums;

      (b) Annuity and pure endowment benefits;

      (c) Disability and accidental death benefits in all certificates and contracts; and

      (d) All other benefits except life insurance and endowment benefits, shall be calculated by a method consistent with the principles of this section.

      Sec. 49.  The present value of deferred payments due under incurred claims or matured certificates shall be deemed a liability of the society and shall be computed upon mortality and interest standards prescribed in section 50 of this act.

      Sec. 50.  1.  The valuation and underlying data shall be certified by a competent actuary or, at the expense of the society, verified by the actuary of the department of insurance of the state of domicile of the society.

      2.  The minimum standards of valuation for certificates issued prior to July 1, 1964, shall be those provided by the law applicable immediately prior to July 1, 1963, but not lower than the standards used in the calculating of rates for such certificates.

      3.  The minimum standard of valuation for certificates issued after July 1, 1964, shall be 3 1/2 percent interest and the following:

      (a) For certificates of life insurance, American Men Ultimate Table of Mortality, with Bowerman’s or Davis’ Extension thereof or with the consent of the commissioner, the Commissioners 1941 Standard Ordinary Mortality Table, the Commissioners 1941 Standard Industrial Mortality Table or the Commissioners 1958 Standard Ordinary Mortality Table, using actual age of the insured for male risks and an age not more than 3 years younger than the actual age of the insured for female risks;

 


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

ê1963 Statutes of Nevada, Page 252 (Chapter 157, AB 77)ê

 

age not more than 3 years younger than the actual age of the insured for female risks;

      (b) For annuity and pure endowment certificates, excluding any disability and accidental death benefits in such certificates, the 1937 Standard Annuity Mortality Table or the Annuity Mortality Table for 1949, Ultimate, or any modification of either of these tables approved by the commissioner;

      (c) For total and permanent disability benefits in or supplementary to life insurance certificates, Hunter’s Disability Table, or the Class III Disability Table (1926) modified to conform to the contractual waiting period, or the tables of Period 2 disablement rates and the 1930 to 1950 termination rates of the 1952 Disability Study of the Society of Actuaries with due regard to the type of benefit. Any such table shall, for active lives, be combined with a mortality table permitted for calculating the reserves for life insurance certificates;

      (d) For accidental death benefits in or supplementary to life Insurance Certificates, the Inter-Company Double Indemnity Mortality Table or the 1959 Accidental Death Benefits Table. Either table shall be combined with a mortality table permitted for calculating the reserves for life insurance certificates; and

      (e) For noncancellable accident and health benefits, the Class III Disability Table (1926) with conference modifications or, with the consent of the commissioner, tables based upon the society’s own experience.

      4.  The commissioner may, in his discretion:

      (a) Accept other standards for valuation if he finds that the reserves produced thereby will not be less in the aggregate than reserves computed in accordance with the minimum valuation standard herein prescribed.

      (b) Vary the standards of mortality applicable to all certificates of insurance on substandard lives or other extra-hazardous lives by any society authorized to do business in this state.

      5.  Whenever the mortality experience under all certificates valued on the same mortality table is in excess of the expected mortality according to such table for a period of 3 consecutive years, the commissioner may require additional reserves when deemed necessary in his judgment on account of such certificates.

      6.  Any society, with the consent of the commissioner of insurance of the state of domicile of the society and under such conditions, if any, which he may impose, may establish and maintain reserves on its certificates in excess of the reserves required thereunder, but the contractual rights of any insured member shall not be affected thereby.

      Sec. 51.  1.  The commissioner, or any person he may appoint, shall have the power of visitation and examination into the affairs of any domestic society and he shall make such examination at least once in every 3 years. He may employ assistants for the purpose of such examination, and he, or any person he may appoint, shall have free access to all books, papers and documents that relate to the business of the society.


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

ê1963 Statutes of Nevada, Page 253 (Chapter 157, AB 77)ê

 

of the society. The minutes of the proceedings of the supreme legislative or governing body and of the board of directors or corresponding body of a society shall be in the English language.

      2.  In making any such examination the commissioner may summon and qualify as witnesses under oath and examine its officers, agents and employees or other persons in relation to the affairs, transactions and condition of the society.

      3.  A summary of the report of the commissioner and such recommendations or statements of the commissioner as may accompany such report shall be read at the first meeting of the board of directors or corresponding body of the society following the receipt thereof, and, if directed so to do by the commissioner, shall also be read at the first meeting of the supreme legislative or governing body of the society following the receipts thereof.

      4.  A copy of the report, recommendations and statements of the commissioner shall be furnished by the society to each member of such board of directors or other governing body.

      5.  The expense of each examination and of each valuation, including compensation and actual expense of examiners, shall be paid by the society examined or whose certificates are valued, upon statements furnished by the commissioner.

      Sec. 52.  1.  The commissioner, or any person whom he may appoint, may examine any foreign or alien society transacting or applying for admission to transact business in this state. He may employ assistants and he, or any person he may appoint, shall have free access to all books, papers and documents that relate to the business of the society.

      2.  The commissioner may in his discretion accept, in lieu of such examination, the examination of the insurance department of the state, territory, district, province or country where such society is organized.

      3.  The compensation and actual expenses of the examiners making any examination or general or special valuation shall be paid by the society examined or by the society whose certificate obligations have been valued, upon statements furnished by the commissioner.

      Sec. 53.  Pending, during or after an examination or investigation of a society, either domestic, foreign or alien, the commissioner shall make public no financial statement, report or finding, nor shall he permit to become public any financial statement, report or finding affecting the status, standing or rights of any society, until a copy thereof shall have been served upon the society at its principal office and the society shall have been afforded a reasonable opportunity to answer any such financial statement, report or finding and to make such showing in connection therewith as it may desire.

      Sec. 54.  1.  No person shall cause or permit to be made, issued or circulated in any form:

      (a) Any misrepresentation or false or misleading statement concerning the terms, benefits or advantages of any fraternal insurance contract now issued or to be issued in this state, or the financial condition of any society;


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

ê1963 Statutes of Nevada, Page 254 (Chapter 157, AB 77)ê

 

      (b) Any false or misleading estimate or statement concerning the dividends or shares of surplus paid or to be paid by any society on any insurance contract; or

      (c) Any incomplete comparison of an insurance contract of one society with an insurance contract of another society or insurer for the purpose of inducing the lapse, forfeiture or surrender of any insurance contract.

      2.  A comparison of insurance contracts is incomplete if it does not compare in detail:

      (a) The gross rates, and the gross rates less any dividend or other reduction allowed at the date of the comparison; and

      (b) Any increase in cash values, and all the benefits provided by each contract for the possible duration thereof as determined by the life expectancy of the insured.

      3.  A comparison of insurance contracts is incomplete if it omits from consideration:

      (a) Any benefit or value provided in the contract;

      (b) Any differences as to amount or period of rates; or

      (c) Any differences in limitations or conditions or provisions which directly or indirectly affect the benefits.

      4.  In any determination of the incompleteness or misleading character of any comparison or statement, it shall be presumed that the insured had no knowledge of any of the contents of the contract involved.

      5.  Any person who violates any provision of this section or knowingly receives any compensation or commission by or in consequence of such violation shall upon conviction be punished by a fine of not less than $100 or more than $500 or by imprisonment in the county jail for not less than 30 days or more than 1 year, or by both fine and imprisonment, and shall in addition be liable for a civil penalty in the amount of 3 times the sum received by such violator as compensation or commission, which penalty may be recovered in a civil action by any person or society aggrieved for his or its own use and benefit.

      Sec. 55.  1.  No society doing business in this state shall make or permit any unfair discrimination between insured members of the same class and equal expectation of life in the premiums charged for certificates of insurance, in the dividends or other benefits payable thereon or in any other of the terms and conditions of the contracts it makes.

      2.  No society, by itself, or any other person, and no agent or solicitor, personally, or by any other person, shall offer, promise, allow, give, set off or pay, directly or indirectly, any valuable consideration or inducement to or for insurance, on any risk authorized to be taken by such society, which is not specified in the certificate.

      3.  No member shall receive or accept, directly or indirectly, any rebate of premium, or part thereof, or agent’s or solicitor’s commission thereon, payable on any certificate or receive or accept any favor or advantage or share in the dividends or other benefits to accrue on, or any valuable consideration or inducement not specified in, the contract of insurance.


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

ê1963 Statutes of Nevada, Page 255 (Chapter 157, AB 77)ê

 

any valuable consideration or inducement not specified in, the contract of insurance.

      Sec. 56.  Every society organized or licensed under this chapter is hereby declared to be a charitable and benevolent institution, and all of its funds shall be exempt from all and every state, county, district, municipal and school tax other than taxes on real estate and office equipment.

      Sec. 57.  Except as provided in this chapter, societies shall be governed by this chapter and shall be exempt from all other provisions of the insurance laws of this state, not only in governmental relations with the state, but for every other purpose. No law hereafter enacted shall apply to them, unless they be expressly designated therein.

      Sec. 58.  1.  Nothing contained in this chapter shall be construed to affect or apply to:

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

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

      (c) Domestic societies which limit their membership to employees of a particular city or town, designated firm, business house or corporation which provide for a death benefit of not more than $400 or disability benefits of not more than $350 to any person in any 1 year, or both; or

      (d) Domestic societies or associations of a purely religious, charitable or benevolent description, which provide for a death benefit of not more than $400 or for disability benefits of not more than $350 to any one person in any 1 year, or both.

      2.  Any society or association described in paragraphs (c) or (d) of subsection 1 which provides for death or disability benefits for which benefit certificates are issued, and any such society or association included in paragraph (d) of subsection 1 which has more than 1,000 members, shall not be exempted from the provisions of this chapter but shall comply with all requirements thereof.

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

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


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

ê1963 Statutes of Nevada, Page 256 (Chapter 157, AB 77)ê

 

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

      6.  Societies, exempted under the provisions of this section, shall also be exempt from all other provisions of the insurance laws of this state.

      Sec. 59.  1.  Any person who willfully makes a false or fraudulent statement in or relating to an application for membership or for the purpose of obtaining money from or a benefit in any society shall upon conviction be punished by a fine of not less than $100 or more than $500 or by imprisonment in the county jail for not less than 30 days or more than 1 year, or by both such fine and imprisonment.

      2.  Any person who willfully makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by this chapter, or of any material fact or thing contained in a sworn statement concerning the death or disability of a member for the purpose of procuring payment of a benefit named in the certificate, shall be guilty of perjury and shall be subject to the penalties therefor prescribed by law.

      3.  Any person who solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state shall upon conviction be punished by a fine of not less than $50 or more than $200.

      4.  Any person convicted of a willful violation of, or neglect or refusal to comply with, any provision of this chapter for which a penalty is not otherwise prescribed shall be punished by a fine of not more than $200.

      Sec. 60.  NRS 690.200 is hereby amended to read as follows:

      690.200  1.  As used in NRS 690.180 to 690.300, inclusive:

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

      (b) “Life insurance company” means any association or corporation, including a fraternal benefit society as defined by [NRS 688.010,] section 3 of this amendatory act, transacting within this state the business of insurance on the lives of persons or insurance appertaining thereto, including, but not by way of limitation, endowments and annuities.

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

      2.  A life insurance policy not matured by actual proof of the prior death of the insured shall be deemed to be matured and the proceeds thereof shall be “due and payable” within the meaning of NRS 690.180 to 690.300, inclusive, if the policy is in force when the insured shall have attained the limiting age under the mortality table on which the reserve is based.


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

ê1963 Statutes of Nevada, Page 257 (Chapter 157, AB 77)ê

 

      3.  Moneys otherwise admittedly due and payable shall be deemed to be “held and owing” within the meaning of NRS 690.180 to 690.300, inclusive, although the policy or contract shall not have been surrendered as required.

      Sec. 61.  NRS 688.010 to 688.500, inclusive, are hereby repealed.

 

________

 

 

CHAPTER 158, SB 235

Senate Bill No. 235–Senator Bay

CHAPTER 158

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

 

[Approved March 29, 1963]

 

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

do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as last amended by chapter 59, Statutes of Nevada 1961, at page 67, is hereby amended to read as follows:

      Section 2.  The district attorney shall receive an annual salary of [$5,700] $6,300 for all his services as such officer. He shall pay into the county treasury each month all moneys collected by him as fees as authorized by law without deduction of any nature. The district attorney shall be allowed only his actual expenses while attending to official business of the county or the state; provided, that no claim for expenses any part of which pertains to any private matter or to the business of any client shall be allowed or paid under the provisions of this act by the board of county commissioners. [With the consent of the board of county commissioners, the district attorney may employ a stenographer, who shall receive an annual salary, the amount of which shall be fixed by the board of county commissioners.] The district attorney may employ a stenographer, who shall receive an annual salary of $3,300.

      Sec. 2.  Section 3 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as last amended by chapter 59, Statutes of Nevada 1961, at page 67, is hereby amended to read as follows:

      Section 3.  The sheriff shall receive an annual salary of [$5,700.] $6,300. He shall pay into the county treasury each month all moneys collected by him as fees without deduction of any nature. When it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat he shall be allowed his necessary and actual traveling expenses therefor and his living expenses while away from the county seat in the discharge of his official duties. He shall also be reimbursed for all telegraph and telephone tolls necessarily made in the discharge of his official duties.


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

ê1963 Statutes of Nevada, Page 258 (Chapter 158, SB 235)ê

 

the discharge of his official duties. He shall present to the board of county commissioners an itemized bill of such necessary expenses actually paid, which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed. The sheriff may employ one under-sheriff who shall receive an annual salary of [not to exceed $5,200, which salary shall be fixed by the board of county commissioners.] $5,800. With the consent of the board of county commissioners, the sheriff may appoint additional deputies, whose compensation shall be fixed by the board of county commissioners at not to exceed [$12] $15 per day.

      Sec. 3.  Section 4 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as last amended by chapter 59, Statutes of Nevada 1961, at page 68, is hereby amended to read as follows:

      Section 4.  The county clerk and ex officio county treasurer and ex officio clerk of the district court shall receive an annual salary of [$5,700.] $6,300. He shall pay into the county treasury each month all moneys collected by him as fees without deduction of any nature.

      Sec. 4.  Section 5 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as last amended by chapter 59, Statutes of Nevada 1961, at page 68, is hereby amended to read as follows:

      Section 5.  The county recorder and ex officio auditor shall receive an annual salary of [$5,700] $6,300 as compensation for his services as such officer. He shall pay into the county treasury each month all moneys collected by him as fees without deduction of any nature. [The county recorder may appoint, from time to time when necessity requires, one deputy who shall receive an annual salary of not to exceed $3,600, which salary shall be fixed by the board of county commissioners.]

      Sec. 5.  Section 6 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as last amended by chapter 59, Statutes of Nevada 1961, at page 68, is hereby amended to read as follows:

      Section 6.  The county assessor shall receive an annual salary of [$5,700.] $6,300. He shall pay into the county treasury each month all moneys collected by him as fees and taxes without deduction of any nature. When it becomes necessary to travel a greater distance than 3 miles from the county seat the county assessor shall present to the board of county commissioners an itemized bill of such necessary travel actually incurred, which shall be certified under oath, and the board of county commissioners shall audit and may allow such claim in the same manner as other county expenses are audited and allowed.

      Sec. 6.  Section 7 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as amended by chapter 59, Statutes of Nevada 1961, at page 68, is hereby amended to read as follows:

      Section 7.  The county commissioners shall each receive an annual salary of [$2,100,] $2,700, and 10 cents per mile in going to and from the county seat when attending upon the regular monthly meeting, as a board of equalization and as a board of canvassers.


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

ê1963 Statutes of Nevada, Page 259 (Chapter 158, SB 235)ê

 

      Sec. 7.  Section 10 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as last amended by chapter 59, Statutes of Nevada 1961, at page 68, is hereby repealed.

      Sec. 8.  Section 10.5 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as added by chapter 59, Statutes of Nevada 1961, at page 69, is hereby amended to read as follows:

      Section 10.5.  With the consent of the board of county commissioners, the county officers named in this act may appoint additional deputies, stenographers, clerks and assistants, whose compensation shall be fixed by the board of county commissioners at not to exceed [$12] $15 per day.

      Sec. 9.  This act shall become effective on the first day of the first month following its passage and approval.

 

________

 

 

CHAPTER 159, AB 430

Assembly Bill No. 430–Mineral County Delegation

CHAPTER 159

AN ACT to amend an act entitled “An Act fixing the compensation of the county officers of Mineral County, Nevada; regulating the employment and compensation of deputies and other employees of such officers; providing for travel expenses; repealing certain acts in conflict herewith; and providing other matters properly relating thereto,” approved April 6, 1959.

 

[Approved April 1, 1963]

 

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 439, Statutes of Nevada 1959, at page 774, is hereby amended to read as follows:

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

      1.  The sheriff shall receive a salary of not less than [$5,400] $6,000 nor more than [$6,000] $6,600 per annum. The sheriff may appoint one undersheriff who shall receive a salary of not to exceed [$5,100] $5,400 per annum.

      2.  The county recorder and ex officio auditor shall receive a salary of not less than [$5,400] $6,000 nor more than [$6,000] $6,600 per annum. The recorder and ex officio auditor may appoint a deputy who shall receive a salary of not to exceed [$4,500] $4,800 per annum.

      3.  The county clerk and ex officio treasurer, clerk of the district court and clerk of the board of county commissioners shall receive a salary of not less than [$5,400] $6,000 nor more than [$6,000] $6,600 per annum. The county clerk and ex officio treasurer, clerk of the district court and clerk of the board of county commissioners may appoint a chief deputy who shall receive a salary of not to exceed [$4,500] $4,800 per annum.


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

ê1963 Statutes of Nevada, Page 260 (Chapter 159, AB 430)ê

 

a chief deputy who shall receive a salary of not to exceed [$4,500] $4,800 per annum.

      4.  The county assessor shall receive a salary of not less than [$5,400] $6,000 nor more than [$6,000] $6,600 per annum. The county assessor may appoint a deputy who shall receive a salary of not to exceed [$4,500] $4,800 per annum.

      5.  The district attorney shall receive a salary of not less than [$4,800] $5,400 nor more than [$5,400] $6,000 per annum.

      Sec. 2.  Section 2 of the above-entitled act, being chapter 439, Statutes of Nevada 1959, at page 774, is hereby amended to read as follows:

      Section 2.  Each county commissioner of Mineral County, Nevada, shall receive a salary of not less than $2,400 nor more than $3,000 per annum.

 

________

 

 

CHAPTER 160, AB 322

Assembly Bill No. 322–Committee on Roads, Transportation and Aviation

CHAPTER 160

AN ACT to amend NRS section 488.175, relating to the exemption of certain classes of motorboats from registration under the Nevada Boat Act, by providing that the department of motor vehicles may issue exempt numbers for motorboats not required to register under such act.

 

[Approved April 1, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 488.175 is hereby amended to read as follows:

      488.175  [A]1.  Except as provided in subsection 2, a motorboat need not be numbered pursuant to the provisions of this chapter if it is:

      [1.](a) Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or a federally approved numbering system of another state, if such boat has not been within this state for a period in excess of 90 consecutive days.

      [2.](b) A motorboat from a country other than the United States temporarily using the waters of this state.

      [3.](c) A public vessel of the United States, a state or a political subdivision of a state.

      [4.](d) A ship’s lifeboat.

      [5.](e) A motorboat belonging to a class of boats which has been exempted from numbering by the department after it has found that the numbering of motorboats of such class will not materially aid in their identification; and, if an agency of the Federal Government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, after the department has further found that the motorboat would also be exempt from numbering if it were subject to the federal law.


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

ê1963 Statutes of Nevada, Page 261 (Chapter 160, AB 322)ê

 

      2.  The department may issue exempt numbers for motorboats not required to be registered under the provisions of this chapter.

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

 

________

 

 

CHAPTER 161, AB 284

Assembly Bill No. 284–Messrs. Pozzi and Valentine

CHAPTER 161

AN ACT to amend chapter 207 of NRS, relating to miscellaneous crimes, by adding a new section providing that it is unlawful for any person, firm, company or corporation to sell, offer to sell, or display for sale any motor vehicle unless such person, firm, company or corporation is the legal or registered owner of such vehicle, is a licensed manufacturer or dealer, or a repossessor of such vehicle offering it for sale on a bid basis; providing exceptions; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 1, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 207 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  It is unlawful for any person, firm, company or corporation to sell, offer to sell, or display for sale any motor vehicle unless such person, firm, company or corporation is either:

      (a) The legal or registered owner of such vehicle;

      (b) A repossessor of such vehicle, selling the vehicle on a bid basis; or

      (c) A manufacturer or dealer licensed under the provisions of chapter 482 of NRS.

      2.  The provisions of this section do not apply to any executor, administrator, sheriff or other person who sells a motor vehicle pursuant to powers or duties granted or imposed by law.

      3.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.

 

________

 

 

CHAPTER 162, AB 215

Assembly Bill No. 215–Committee on Roads, Transportation and Aviation

CHAPTER 162

AN ACT to amend NRS section 482.345, relating to motor vehicle dealer’s licenses and bond requirements, by requiring that dealer’s and manufacturer’s bonds contain a provision allowing actions on the bond by any person injured by the acts of the dealer or manufacturer; by changing the bond requirements for such dealers; by placing limitations on recoveries on such bonds; and by providing other matters properly relating thereto.

 

[Approved April 1, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 482.345 is hereby amended to read as follows:

      482.345  1.  Before any dealer’s license, dealer’s plate or plates or special dealer’s plate or plates shall be furnished to a manufacturer or dealer as provided in this chapter, the department shall require that the applicant make application for a dealer license and dealer plate or plates, upon a form to be furnished by the department, and the applicant shall furnish such information as the department may require, including proof that the applicant has an established place of business in this state, and also, except as provided in subsection 2, procure and file with the department a good and sufficient bond in the amount of [$1,000 if such place of business is located in a county having less than 50,000 population, and in the amount of $5,000 if such place of business is located in a county having 50,000 or more population,] $10,000 with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a dealer without fraud or fraudulent representation, and without violation of the provisions of this chapter.


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

ê1963 Statutes of Nevada, Page 262 (Chapter 162, AB 215)ê

 

special dealer’s plate or plates shall be furnished to a manufacturer or dealer as provided in this chapter, the department shall require that the applicant make application for a dealer license and dealer plate or plates, upon a form to be furnished by the department, and the applicant shall furnish such information as the department may require, including proof that the applicant has an established place of business in this state, and also, except as provided in subsection 2, procure and file with the department a good and sufficient bond in the amount of [$1,000 if such place of business is located in a county having less than 50,000 population, and in the amount of $5,000 if such place of business is located in a county having 50,000 or more population,] $10,000 with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a dealer without fraud or fraudulent representation, and without violation of the provisions of this chapter. The department may, by agreement with any dealer who has been in business for 5 years or more, allow a reduction in the amount of the bond of such dealer, if the business of such dealer has been conducted satisfactorily for the preceding 5 years, but no bond shall be in an amount less than $1,000.

      2.  A manufacturer or dealer who manufactures or sells only motorcycles or trailers designed to carry boats shall file a bond as required by subsection 1 in the amount of $1,000 regardless of the [population of the county in which he has an established place of business.] length of time he has been in business.

      3.  The bond may be continuous in form and the total aggregate liability on the bond shall be limited to the payment of [$1,000 or $5,000, as the case may be.] the total amount of the bond, but in no case shall the amount of any judgment in an action on such a bond exceed the retail value of any vehicle in connection with which the action was brought.

      4.  The undertaking on the bond shall be deemed to include and shall include any fraud or fraudulent representation or violation of any of the provisions of this chapter by the salesman of any licensed dealer acting for the dealer on his behalf and within the scope of the employment of such salesman.

      5.  The bond shall provide that any person injured by the action of the dealer or his salesman in violation of any provisions of this chapter may bring an action on the bond.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 263ê

 

CHAPTER 163, AB 211

Assembly Bill No. 211–Committee on Roads, Transportation and Aviation

CHAPTER 163

AN ACT to amend NRS section 706.710, relating to hours of employment of motor carrier operators, by authorizing the public service commission of Nevada to extend to private carriers of explosives and other dangerous articles the safety rules and regulations of the commission governing for-hire carriers; and by providing other matters properly relating thereto.

 

[Approved April 1, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 706.710 is hereby amended to read as follows:

      706.710  1.  No owner or operator of a motor vehicle to which NRS 706.010 to 706.700, inclusive, applies carrying passengers or property on any road or highway in the State of Nevada shall require, suffer or permit any driver of such motor vehicle to drive any such motor vehicle in any one period longer than the time permitted for such period by the order of the public service commission of Nevada.

      2.  The commission shall have authority to extend to private carriers of explosives and other dangerous articles, as defined by the rules and regulations of the Interstate Commerce Commission, the safety rules and regulations applying to for-hire carriers of such articles.

      3.  The labor commissioner, all traffic officers of the state and any subdivision thereof, all state police, all peace officers, and inspectors acting under the authority of the public service commission of Nevada or the department of motor vehicles shall enforce the provisions of this section.

      [3.]4.  Any violation of this section shall be a misdemeanor.

 

________

 

 

CHAPTER 164, AB 187

Assembly Bill No. 187–Committee on Roads, Transportation and Aviation

CHAPTER 164

AN ACT to amend chapter 488 of NRS, relating to regulation of watercraft, by providing that vessels shall not be equipped with sirens, except for emergency vessels; by limiting the use of such sirens; and by providing other matters properly relating thereto.

 

[Approved April 1, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 488 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  No vessel shall be equipped with nor shall any person use upon a vessel a siren, except as otherwise provided in this chapter.

      2.  Any authorized emergency vessel, when approved by the department, may be equipped with a siren capable of sound audible under normal conditions from a distance of not less than 500 feet, but such siren shall not be used except when such vessel is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which event the operator of the vessel shall sound the siren when necessary to warn persons of the approach thereof.


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

ê1963 Statutes of Nevada, Page 264 (Chapter 164, AB 187)ê

 

normal conditions from a distance of not less than 500 feet, but such siren shall not be used except when such vessel is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which event the operator of the vessel shall sound the siren when necessary to warn persons of the approach thereof.

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

 

________

 

 

CHAPTER 165, AB 352

Assembly Bill No. 352–Mr. Swanson

CHAPTER 165

AN ACT to amend NRS section 616.395, relating to payment of premiums of industrial insurance, by requiring that the Nevada industrial commission accept savings bank certificates from employers for advance premiums in lieu of cash; and by providing other matters properly relating thereto.

 

[Approved April 1, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 616.395 is hereby amended to read as follows:

      616.395  1.  Every employer within, and those electing to be governed by, the provisions of this chapter, with the exception of the state, counties, municipal corporations, cities, and school districts, shall, on or before July 1, 1947, and thereafter, as required by the commission, pay to the commission, for a state insurance fund and, except as otherwise provided herein, for an accident benefit fund, premiums in such a percentage of his estimated total payroll for the ensuing 2 months as shall be fixed by order of the commission. All premium rates now in effect shall be continued in full force and effect until changed, altered or amended by order of the commission.

      2.  Every employer within, and those electing to be governed by, the provisions of this chapter, who shall enter into business or resume operations subsequent to July 1, 1947, shall, before commencing or resuming operations, as the case may be, notify the commission of such fact, accompanying such notification with an estimate of his monthly payroll, and shall make payment of the premium on such payroll for the first 2 months of operations.

      3.  The commission shall be empowered to accept as a substitute for payment of premiums, for the ensuing or first 2 months of operation as provided by this section, either a bond or pledge of assets. The amount and sufficiency of security required, other than cash, shall be determined by the commission but shall not be of a value less than the amount of cash required by this section.

      4.  The commission shall accept as a substitute for cash payment of premiums as required in this section a savings certificate issued by a bank or savings and loan association in Nevada, which certificate shall indicate an amount at least equal to the cash which would otherwise be required by this section and shall state that such amount is unavailable for withdrawal except by direct and sole order of the commission.


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

ê1963 Statutes of Nevada, Page 265 (Chapter 165, AB 352)ê

 

indicate an amount at least equal to the cash which would otherwise be required by this section and shall state that such amount is unavailable for withdrawal except by direct and sole order of the commission. Interest earned on the deposit shall accrue to the account of the employer and not the commission.

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

 

________

 

 

CHAPTER 166, SB 31

Senate Bill No. 31–Committee on Judiciary

CHAPTER 166

AN ACT to be designated as the 1963 Public Securities Validation Act; validating, ratifying, approving and confirming outstanding public securities of the state and all corporate subdivisions and agencies thereof, and acts and proceedings had or taken thereby and appertaining to public securities; repealing acts in conflict herewith; and providing other matters properly relating thereto.

 

[Approved April 1, 1963]

 

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

do enact as follows:

 

      Section 1.  This act shall be known as the 1963 Public Securities Validation Act.

      Sec. 2.  As used in this act:

      1.  “Public body” of the state means any state educational institution or other state institution, its board of regents or other governing body thereof constituting a body corporate, any county, incorporated city or incorporated town, whether incorporated or governed under a general act, special legislative act or special charter enacted, adopted or granted pursuant to sections 1 or 8, article 8, of the constitution of the state, or otherwise, any unincorporated city or unincorporated town, any school district, local improvement district, general improvement district, power district, irrigation district, drainage district, water conservancy district, water district, sanitation district, water and sanitation district, sewage, water and garbage disposal district, flood control district, swimming pool district, public cemetery district, county fire protection district, fire protection district, television maintenance district, housing authority, urban renewal agency, community redevelopment agency, any other corporate district, any corporate commission, or any other political subdivision of the state constituting a body corporate.

      2.  “Public security” means a bond, note, certificate of indebtedness, or other obligation for the payment of money, issued by this state or by any public body thereof, either a general obligation for the payment of which the state or public body issuing the obligation has pledged its full faith and credit or a special obligation payable wholly or in part from special assessments or from other designated revenues, or from both special assessments and other designated revenues.


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

ê1963 Statutes of Nevada, Page 266 (Chapter 166, SB 31)ê

 

      3.  “State” means the State of Nevada and any board, commission, department, corporation, instrumentality or agency thereof.

      Sec. 3.  All outstanding public securities of the state and of all public bodies thereof, and all acts and proceedings heretofore had or taken, or purportedly had or taken, by or on behalf of the state or any public body thereof under law or under color of law preliminary to and in the authorization, execution, sale, issuance and payment (or any combination thereof) of all such public securities are hereby validated, ratified, approved and confirmed, including but not necessarily limited to the terms, provisions, conditions and covenants of any resolution or ordinance appertaining thereto, the redemption of public securities before maturity and provisions therefor, the levy and collection of rates, tolls and charges, special assessments, and general and other taxes, and the acquisition and application of other revenues, the pledge and use of the proceeds thereof, and the establishment of liens thereon and funds therefor, appertaining to such public securities, except as hereinafter provided, notwithstanding any lack of power, authority or otherwise, other than constitutional, and notwithstanding any defects and irregularities, other than constitutional, in such public securities, acts and proceedings, and in such authorization, execution, sale, issuance and payment, including, without limiting the generality of the foregoing, such acts and proceedings appertaining to such public securities all or any part of which have heretofore not been issued nor purportedly issued. Such outstanding public securities are and shall be, and such public securities heretofore not issued nor purportedly issued shall be, after their issuance, binding, legal, valid and enforcible obligations of the state or the public body issuing them in accordance with their terms and their authorizing proceedings, subject to the taking or adoption of acts and proceedings heretofore not had nor taken, nor purportedly had nor taken, but required by and in substantial and due compliance with laws appertaining to any such public securities heretofore not issued nor purportedly issued.

      Sec. 4.  This act shall operate to supply such legislative authority as may be necessary to validate any public securities heretofore issued and any such acts and proceedings heretofore taken which the legislature could have supplied or provided for in the law under which such public securities were issued and such acts or proceedings were taken. This act, however, shall be limited to the validation of public securities, acts and proceedings to the extent to which the same can be effectuated under the state and federal constitutions. Also this act shall not operate to validate, ratify, approve, confirm or legalize any public security, act, proceeding or other matter the legality of which is being contested or inquired into in any legal proceeding now pending and undetermined, and shall not operate to confirm, validate or legalize any public security, act, proceedings or other matter which has heretofore been determined in any legal proceeding to be illegal, void or ineffective.

      Sec. 5.  This act being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes.


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

ê1963 Statutes of Nevada, Page 267 (Chapter 166, SB 31)ê

 

convenience and welfare, it shall be liberally construed to effect its purposes.

      Sec. 6.  Any act, or part thereof, in conflict with this act is hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any act, or part thereof, heretofore repealed.

      Sec. 7.  If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.

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

 

________

 

 

CHAPTER 167, SB 134

Senate Bill No. 134–Committee on Aviation, Transportation and Highways

CHAPTER 167

AN ACT to amend chapter 408 of NRS, relating to state highways and roads, by adding a new section providing for reimbursement by the state to utilities for the relocation of utility facilities located in or on highways in the federal-aid primary or secondary systems or in the interstate system on order of the state highway engineer; defining certain terms; and providing other matters properly relating thereto.

 

[Approved April 1, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 408 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  For the purposes of this section:

      (a) “Cost of relocation” means the entire amount paid by a utility properly attributable to the relocation of its facilities, including removal, reconstruction and replacement after deducting therefrom any increase in value of the new facility and any salvage value derived from the old facility, and shall include the costs of all rights and interests necessary in land and the costs of any other rights required to accomplish such relocation.

      (b) “Utility” means any privately, publicly or cooperatively owned systems for supplying telegraph, telephone, electric power and light, gas, water, sewer and like service to the public or a segment of the public.

      2.  Whenever the engineer, after consulting with the utility concerned, determines that any utility facility which now is, or hereafter may be, located in, over, along or under any highway in the federal-aid primary or secondary systems or in the interstate system, including extensions thereof within urban areas, as such systems are defined in the Federal-Aid Highway Acts and are accepted by and assented to by the State of Nevada, should be relocated, the utility owning or operating such utility facility shall relocate the same in accordance with the order of the engineer.


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

ê1963 Statutes of Nevada, Page 268 (Chapter 167, SB 134)ê

 

with the order of the engineer. The cost of any such relocation shall be ascertained and paid by the state as part of the cost of such federally aided project, provided the proportionate part of such cost shall be reimbursable from federal funds under a Federal-Aid Highway Act or any other Act of Congress under which the state shall be entitled to reimbursement for all or part of such cost.

      3.  This section shall not apply where a payment of relocation or removal costs by the state would be inconsistent with the terms of a permit issued by the engineer pursuant to NRS 408.955.

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

 

________

 

 

CHAPTER 168, SB 143

Senate Bill No. 143–Committee on Judiciary

CHAPTER 168

AN ACT to amend NRS section 439.240, relating to the state hygienic laboratory, by eliminating a reference to the director of the division of laboratories of the state department of health; and by providing other matters properly relating thereto.

 

[Approved April 1, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 439.240 is hereby amended to read as follows:

      439.240  1.  The state department of health shall maintain the state hygienic laboratory, heretofore established pursuant to the provisions of chapter 230, Statutes of Nevada 1909, and may establish and maintain such branch laboratories as may be necessary.

      2.  The purpose of the state hygienic laboratory shall be:

      (a) To make available, at such charges as may be determined upon, to health officials and licensed physicians of the state proper laboratory facilities for the prompt diagnosis of communicable diseases.

      (b) To make necessary examinations and analyses of water, natural ice, sewage, milk, food, and clinical material.

      (c) To conduct research into the nature, cause, diagnosis and control of diseases.

      (d) To undertake such other technical and laboratory duties as the state board of health may direct in the interests of the public health.

      3.  The [director of the division of laboratories of the state department of health shall be] person in charge of the state hygienic laboratory [. He] shall be a skilled bacteriologist, and shall have such technical assistants as may be appointed by the state health officer with the approval of the state board of health.

      4.  Reports of investigations conducted at the state hygienic laboratory may be published from time to time in bulletins and circulars, in the discretion of the state board of health.

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 269ê

 

CHAPTER 169, SB 120

Senate Bill No. 120–Senator Slattery

CHAPTER 169

AN ACT to amend NRS section 243.335, relating to the creation and boundaries of Storey County, by providing that such boundaries shall remain as they existed on January 1, 1963, regardless of future changes in the course of the Truckee River; and by providing other matters properly relating thereto.

 

[Approved April 1, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 243.335 is hereby amended to read as follows:

      243.335  There shall be a county, to be known as Storey County, to include all that part of the Territory of Nevada within the boundaries described as follows: Beginning at the northwestern corner of Lyon County, and running thence in an easterly direction along the northern boundary of Lyon County to the northeastern corner thereof; thence north, in a straight line, to the road leading from the lower crossing of the Truckee River to the Sink of the Humboldt; thence westerly, along the road, to the Truckee River; thence up the middle of the Truckee River to the eastern line of Washoe County; thence southerly along the line to the place of beginning. The boundaries of Storey County shall be the boundaries existing January 1, 1963, as described in this section, notwithstanding any future change in the course of the Truckee River, whether such change results from natural or other causes.

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

 

________

 

 

CHAPTER 170, SB 216

Senate Bill No. 216–Senator Slattery

CHAPTER 170

AN ACT to amend NRS sections 644.200, 644.203 and 644.205, relating to the qualifications of persons for examination as hairdressers and cosmeticians, electrologists and manicurists, by authorizing the state board of cosmetology to accept equivalent education in lieu of formal high school education from applicants for examinations as hairdressers and cosmeticians, electrologists and manicurists; and providing other matters properly relating thereto.

 

[Approved April 1, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 644.200 is hereby amended to read as follows:

      644.200  [1.  Until July 1, 1961, the board shall admit to examination for a certificate of registration as a registered hairdresser and cosmetician, at any meeting of the board duly held for the purpose of conducting examinations, any person who shall have made application to the board in proper form and paid the fee required by this chapter, and who:

 


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ê1963 Statutes of Nevada, Page 270 (Chapter 170, SB 216)ê

 

to the board in proper form and paid the fee required by this chapter, and who:

      (a) Is not less than 18 years of age.

      (b) Is of good moral character and temperate habits.

      (c) Has been a bona fide resident of Nevada for 6 months.

      2.  On and after July 1, 1961, no person may be admitted to examination for registration as a hairdresser and cosmetician unless such person meets the requirements of subsection 1 and satisfies the board that he has successfully completed the 10th grade in school and that he has:

      (a) Had training of at least 1,800 hours, extending over a school term of 10 months in a school of cosmetology approved by the board; or

      (b) Practiced the occupation of a cosmetologist for a period of 4 years outside the State of Nevada; or

      (c) Served for at least 2 years as a junior operator in a licensed cosmetological establishment in which all of the occupations of a cosmetologist are practiced.] The board shall admit to examination for a certificate of registration as a registered hairdresser and cosmetician, at any meeting of the board duly held for the purpose of conducting examinations, any person who has made application to the board in proper form and paid the fee required by this chapter, and who:

      1.  Is not less than 18 years of age.

      2.  Is of good moral character and temperate habits.

      3.  Has been a bona fide resident of Nevada for 6 months.

      4.  Has successfully completed the 10th grade in school or its equivalent.

      5.  Has had any one of the following:

      (a) Training of at least 1,800 hours, extending over a school term of 10 months, in a school of cosmetology approved by the board.

      (b) Practice of the occupation of a cosmetologist for a period of 4 years outside the State of Nevada.

      (c) Service for at least 2 years as a junior operator in a licensed cosmetological establishment in which all of the occupations of a cosmetologist are practiced.

      Sec. 2.  NRS 644.203 is hereby amended to read as follows:

      644.203  [1.  Until July 1, 1961, the] The board shall admit to examination for a certificate of registration as an electrologist any person who has made application to the board in proper form and paid the fee required by this chapter, and who:

      [(a)]1.  Is not less than 18 years of age.

      [(b)]2.  Is of good moral character and temperate habits.

      [(c)]3.  Has been a bona fide resident of Nevada for 6 months.

      4.  Has successfully completed the 12th grade in school or its equivalent.

      [(d)]5.  Has or has completed any one of the following:

             [(1)](a) A minimum training of 1,000 hours under the immediate supervision of an approved electrologist in an approved school in which the practice is taught.


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ê1963 Statutes of Nevada, Page 271 (Chapter 170, SB 216)ê

 

             [(2)](b) Study of the practice for at least 1,000 hours extending over a period of 5 consecutive months, under an electrologist licensed under this chapter, or a hairdresser and cosmetician so licensed.

             [(3)](c) A valid electrology license issued by a state whose licensing requirements are equal to or greater than those of the State of Nevada.

             [(4)](d) Either training or practice, or a combination of training and practice, in electrology outside the State of Nevada for such period as may be specified by rules of the board.

      [2.  On and after July 1, 1961, no person may be admitted to examination for registration as an electrologist unless such person meets the requirements of subsection 1 and satisfies the board that he has successfully completed the 12th grade in school.]

      Sec. 3.  NRS 644.205 is hereby amended to read as follows:

      644.205  [1.  Until July 1, 1961, the board shall admit to examination for a certificate of registration as a manicurist any person who has made application to the board in proper form and paid the fee required by this chapter, and who:

      (a) Is not less than 18 years of age.

      (b) Is of good moral character and temperate habits.

      (c) Has been a bona fide resident of Nevada for 6 months.

      2.  On and after July 1, 1961, no person may be admitted to examination for registration as a manicurist unless such person meets the requirements of subsection 1 and satisfies the board that he has completed the 10th grade in school and that he has:

      (a) Had practical training of at least 350 hours extending over a period of not less than 3 months under the immediate supervision of a licensed instructor in a licensed school in which the practice is taught; or

      (b) Practiced manicuring for a period of 1 year outside the State of Nevada.] The board shall admit to examination for a certificate of registration as a manicurist any person who has made application to the board in proper form and paid the fee required by this chapter, and who:

      1.  Is not less than 18 years of age.

      2.  Is of good moral character and temperate habits.

      3.  Has been a bona fide resident of Nevada for 6 months.

      4.  Has completed the 10th grade in school or its equivalent.

      5.  Has had any one of the following:

      (a) Practical training of at least 350 hours extending over a period of not less than 3 months under the immediate supervision of a licensed instructor in a licensed school in which the practice is taught.

      (b) Practice in manicuring for a period of 1 year outside the State of Nevada.

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

 

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ê1963 Statutes of Nevada, Page 272ê

 

CHAPTER 171, AB 86

Assembly Bill No. 86–Committee on Banking, Insurance and Corporations

CHAPTER 171

AN ACT to amend chapter 690 of NRS, relating to life insurance, by adding a new section providing a basis for calculating adjusted premiums and present values on industrial insurance policies in accordance with the Commissioners Industrial Mortality Table; and to amend NRS sections 690.520, 690.540, 690.570 and 690.600, relating to surrender values, calculation of premiums, exceptions, and valuation of policies, to conform to such new section.

 

[Approved April 1, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 690 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  In the case of industrial policies issued on or after the operative date of this section, as provided in subsection 2, all adjusted premiums and present values referred to in this chapter shall be calculated on the basis of the Commissioners 1961 Industrial Mortality Table and the rate of interest, not exceeding 3 1/2 percent per annum, specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits, except that:

      (a) In calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than those shown in the Commissioners 1961 Industrial Extended Term Insurance Table.

      (b) For insurance issued on a substandard basis, the calculations of any such adjusted premiums and present values may be based on such other table of mortality as may be specified by the company and approved by the commissioner.

      2.  After July 1, 1963, any company may file with the commissioner a written notice of its election to comply with the provisions of this section after a specified date before January 1, 1968. After the filing of such notice, upon such specified date, this section shall become operative with respect to the industrial policies thereafter issued by such company. If a company makes no such election, the operative date of this section for such company shall be January 1, 1968.

      Sec. 2.  NRS 690.520 is hereby amended to read as follows:

      690.520  1.  Any cash surrender value available under the policy in the event of default in a premium payment due on any policy anniversary, whether or not required by NRS 690.510, shall be an amount not less than the excess, if any, of the present value, on such anniversary, of the future guaranteed benefits which would have been provided for by the policy, including any existing paid-up additions, if there had been no default, over the sum of:

      (a) The then-present value of the adjusted premiums, as defined in NRS 690.540 [and 690.550,] to 690.560, inclusive, corresponding to premiums which would have fallen due on and after such anniversary; and

 


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ê1963 Statutes of Nevada, Page 273 (Chapter 171, AB 86)ê

 

premiums which would have fallen due on and after such anniversary; and

      (b) The amount of any indebtedness to the company on the policy.

      2.  Any cash surrender value available within 30 days after any policy anniversary under any policy paid up by completion of all premium payments or any policy continued under any paid-up nonforfeiture benefit, whether or not required by NRS 690.510, shall be an amount not less than the present value, on such anniversary, of the future guaranteed benefits provided for by the policy, including any existing paid-up additions, decreased by any indebtedness to the company on the policy.

      Sec. 3.  NRS 690.540 is hereby amended to read as follows:

      690.540  1.  Except as provided in subsection 3 of this section, the adjusted premiums for any policy shall be calculated on an annual basis and shall be such uniform percentage of the respective premiums specified in the policy for each policy year, excluding any extra premiums charged because of impairments or special hazards, that the present value, at the date of issue of the policy, of all such adjusted premiums shall be equal to the sum of:

      (a) The then-present value of the future guaranteed benefits provided for by the policy;

      (b) Two percent of the amount of insurance, if the insurance be uniform in amount, or of the equivalent uniform amount, as defined in this section, if the amount of insurance varies with duration of the policy;

      (c) Forty percent of the adjusted premium for the first policy year; and

      (d) Twenty-five percent of either the adjusted premium for the first policy year or the adjusted premium for a whole life policy of the same uniform or equivalent uniform amount with uniform premiums for the whole of life issued at the same age for the same amount of insurance, whichever is less.

      2.  In applying the percentages specified in paragraphs (c) and (d) of subsection 1, no adjusted premium shall be deemed to exceed 4 percent of the amount of insurance or uniform amount equivalent thereto. The date of issue of a policy for the purpose of this section shall be the date as of which the rated age of the insured is determined.

      3.  The adjusted premiums for any policy providing term insurance benefits by rider or supplemental policy provision shall be equal to (A) the adjusted premiums for an otherwise similar policy issued at the same age without such term insurance benefits, increased, during the period for which premiums for such term insurance benefits are payable, by (B) the adjusted premiums for such term insurance, the foregoing items (A) and (B) being calculated separately and as specified in subsections 1 and 2 of this section, except that, for the purposes of paragraphs (b), (c) and (d) of subsection 1, the amount of insurance or equivalent uniform amount of insurance used in the calculation of the adjusted premiums referred to in (B) shall be equal to the excess of the corresponding amount determined for the entire policy over the amount used in the calculation of the adjusted premiums in (A).


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ê1963 Statutes of Nevada, Page 274 (Chapter 171, AB 86)ê

 

excess of the corresponding amount determined for the entire policy over the amount used in the calculation of the adjusted premiums in (A).

      4.  In the case of a policy providing an amount of insurance varying with duration of the policy, the equivalent uniform amount thereof for the purpose of this section shall be deemed to be the uniform amount of insurance provided by an otherwise similar policy, containing the same endowment benefit or benefits, if any, issued at the same age and for the same term, the amount of which does not vary with duration and the benefits under which have the same present value at the date of issue as the benefits under the policy, except that, in the case of a policy providing a varying amount of insurance issued on the life of a child under 10 years of age, the equivalent uniform amount may be computed as though the amount of insurance provided by the policy prior to the attainment of age 10 were the amount provided by such policy at age 10.

      5.  Except as [otherwise] provided in NRS 690.550 [,] and 690.560, all adjusted premiums and present values referred to in [NRS 690.500 to 690.570, inclusive,] this chapter shall for all policies of ordinary insurance be calculated on the basis of the Commissioners 1941 Standard Ordinary Mortality Table, but for any category of ordinary insurance [issued] on female risks, adjusted premiums and present values may be calculated according to an age not more than 3 years younger than the actual age of the insured [. Such] , and such calculations for all policies of industrial insurance shall be made on the basis of the 1941 Standard Industrial Mortality Table.

      6.  All calculations shall be made on the basis of the rate of interest, not exceeding 3 1/2 percent per annum, specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits, but in calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than 130 percent of the rates of mortality according to such applicable table.

      7.  The calculation of any adjusted premiums and present values for insurance issued on a substandard basis may be based on such other table of mortality as may be specified by the company and approved by the commissioner.

      Sec. 4.  NRS 690.570 is hereby amended to read as follows:

      690.570  NRS 690.500 to 690.560, inclusive, shall not apply to any:

      1.  Reinsurance, group insurance, pure endowment, annuity or reversionary annuity contract;

      2.  Term policy of uniform amount, or the renewal thereof, of 15 years or less expiring before age 66, for which uniform premiums are payable during the entire term of the policy; or

      3.  Term policy of decreasing amount on which each adjusted premium, calculated as specified in NRS 690.540, [and] 690.550 [,] and section 1 of this act is less than the adjusted premium, calculated in the same manner, on a 15-year term policy issued at the same age and for the same initial amount of insurance.


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ê1963 Statutes of Nevada, Page 275 (Chapter 171, AB 86)ê

 

      4.  Policy which shall be delivered outside this state by an agent or other representative of the company issuing the policy.

      Sec. 5.  NRS 690.600 is hereby amended to read as follows:

      690.600  1.  The minimum standard for the valuation of all policies and contracts issued prior to the effective date of NRS 690.500 to 690.570, inclusive, shall be that provided by NRS 690.020.

      2.  The minimum standard for the valuation of all policies and contracts issued on or after the effective date of NRS 690.500 to 690.570, inclusive, shall be the Commissioners reserve valuation method defined in NRS 690.610, 3 1/2 percent interest, and the following tables:

      (a) For all ordinary policies of life insurance issued on the standard basis, excluding any disability and accidental death benefits in such policies, the Commissioners 1941 Standard Ordinary Mortality Table until the operative date of NRS 690.550, and, for all such policies issued after such date, the Commissioners 1958 Standard Ordinary Mortality Table, except that for any category of such policies issued on female risks all modified net premiums and present values referred to in NRS 690.580 to 690.630, inclusive, may be calculated according to an age not more than 3 years younger than the actual age of the insured.

      (b) For all industrial life insurance policies issued on the standard basis, excluding any disability and accidental death benefits in such policies, the 1941 Standard Industrial Mortality Table [.] for such policies issued prior to the operative date of section 1 of this act, and the Commissioners 1961 Standard Industrial Mortality Table for such policies issued on or after such operative date.

      (c) For individual annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the 1937 Standard Annuity Mortality Table or, at the option of the company, the Annuity Mortality Table for 1949, Ultimate, or any modification of either of these tables approved by the commissioner.

      (d) For group annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the Group Annuity Mortality Table for 1951, any modification of such table approved by the commissioner, or, at the option of the company, any of the tables or modifications of tables specified for individual annuity and pure endowment contracts.

      (e) For total and permanent disability benefits in or supplementary to ordinary policies or contracts, for policies or contracts issued on or after January 1, 1966, the tables of Period 2 disablement rates and the 1930 to 1950 termination rates of the 1952 Disability Study of the Society of Actuaries, with due regard to the type of benefit; and for policies or contracts issued on or after the effective date of NRS 690.500 to 690.570, inclusive, and prior to January 1, 1966, either such tables or, at the option of the company, the Class (3) Disability Table (1926).

      (f) For accidental death benefits in or supplementary to policies, for policies issued on or after January 1, 1966, the 1959 Accidental Death Benefits Table; and for policies issued on or after the effective date of NRS 690.500 to 690.570, inclusive, and prior to January 1, 1966, either such table or, at the option of the company, the Inter-Company Double Indemnity Mortality Table.


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ê1963 Statutes of Nevada, Page 276 (Chapter 171, AB 86)ê

 

date of NRS 690.500 to 690.570, inclusive, and prior to January 1, 1966, either such table or, at the option of the company, the Inter-Company Double Indemnity Mortality Table. Either table shall be combined with a mortality table permitted for calculating the reserves for life insurance policies.

      (g) For group life insurance, for life insurance issued on the substandard basis and for special benefits, such tables as may be approved by the commissioner.

 

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CHAPTER 172, AB 87

Assembly Bill No. 87–Committee on Banking, Insurance and Corporations

CHAPTER 172

AN ACT to amend chapter 684 of NRS, relating to insurance brokers, agents and solicitors, by adding new sections requiring that managing general agents and service representatives obtain licenses from the commissioner of insurance; to amend NRS sections 684.270 and 686.020, relating to licenses and license fees for insurance brokers, agents and solicitors, by including managing agents and service representatives within the provisions of such sections; and providing other matters properly relating thereto.

 

[Approved April 1, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 684 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  No person residing in this state shall act in this state as a managing general agent of an insurer or underwriter’s department unless licensed therefor by the commissioner. Application for the license shall be upon forms provided by the commissioner and appointments made by the insurer or underwriters on forms provided by the commissioner. Upon the receipt of the appointment, application and license fee required by NRS 686.020, the commissioner may issue the license. The managing general agent shall be so licensed for each insurer and underwriter’s department he represents.

      2.  The license shall expire annually at midnight on the last day of April and shall be subject to renewal by appointment by the insurer and the payment of the required fee.

      3.  The commissioner may refuse to license, or suspend or revoke the license, or licenses, of a managing general agent for any of the same causes and pursuant to the same procedures as are applicable to agents under NRS 684.300 and 684.310. The license as to a particular insurer or underwriter’s department shall be terminated upon request of either the insurer or the managing general agent.

      Sec. 3.  1.  No person residing in this state shall act as a service representative in this state unless licensed to do so by the commissioner. Application for such a license shall be made on forms provided by the commissioner. The license may be issued upon receipt of the application, appointment forms from the insurer or managing general agent, and the license fee as provided for in NRS 686.020.


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ê1963 Statutes of Nevada, Page 277 (Chapter 172, AB 87)ê

 

The service representative shall be so licensed for each company, group of companies, or managing general agent by whom he is employed. The license shall expire at midnight the last day of April, and shall be subject to renewal by appointment by the company, group of companies, or managing general agent and the payment of the required fee.

      2.  The commissioner may refuse to license, or suspend or revoke the license, or licenses, of a service representative for any of the same causes and pursuant to the same procedures as are applicable to agents under NRS 684.300 and 684.310. The license as to a particular insurer or managing general agent shall be terminated upon request of the insurer or managing general agent.

      Sec. 4.  (There is no section of this number.)

      Sec. 5.  NRS 684.270 is hereby amended to read as follows:

      684.270  Every license issued to an agent, nonresident agent, broker, nonresident broker, managing general agent, service representative or solicitor shall expire [on May 1] at midnight on the last day of April of each year unless an application to qualify for the renewal of any such license shall be filed with the commissioner on or before such date, in which event the license sought to be renewed shall continue in full force and effect until renewed or renewal is refused by the commissioner.

      Sec. 6.  NRS 686.020 is hereby amended to read as follows:

      686.020  1.  The commissioner shall charge, collect and give proper acquittances for the payment of the following fees and charges:

 

For filing each power of attorney..................................................        $5.00

For an annual license to each fire insurance company to transact business throughout this state................................................................      100.00

For an annual license to each life insurance company to transact business throughout this state................................................................      100.00

For an annual license to each life and accident insurance company to transact business throughout this state................................      100.00

For an annual license to each casualty and surety company to transact business throughout this state...............................................      100.00

For an annual license to each underwriter’s agency, for each company represented in such agency.....................................................        25.00

For filing an annual company statement......................................        10.00

For issuing an agent’s license.......................................................          2.00

For issuing a solicitor’s license.....................................................          2.00

For issuing a managing general agent’s license......................         5.00

For issuing a service representative’s license...........................         5.00

For issuing a nonresident broker’s license..................................        50.00

An applicant for a nonresident broker’s license residing within a 50-mile radius of the boundary of the State of Nevada, whose normal operations would include the transaction of insurance on both sides of that boundary, shall pay the resident fee of $25.

For issuing any other certificate required or permissible under the law   ...................................................................................................... 1.00 For issuing a nonresident agent’s license................ $10.00

 


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ê1963 Statutes of Nevada, Page 278 (Chapter 172, AB 87)ê

 

For issuing a nonresident agent’s license...................................      $10.00

An applicant for a nonresident agent’s license residing within a 50-mile radius of the boundary of the State of Nevada, whose normal operations would include the transaction of insurance on both sides of that boundary, shall pay the resident fee of $2.

For issuing a broker’s license........................................................        25.00

For issuing a license to a domestic insurance company’s securities salesman.....................................................................................        10.00

For each copy of the insurance laws............................................          2.50

For issuing a vending machine license, per machine per year..        20.00

 

      2.  Notwithstanding the provisions of any general or special law, the possession of a license, under the provisions of this Title, shall be authorization to transact such business as shall be indicated in such license and shall be in lieu of all licenses, whether for regulation or revenue, required to solicit insurance business within the State of Nevada, except that each city, town or county may require a license for revenue purposes only for any insurance agent whose principal place of business is located within the city or town or within the county outside the cities and towns of the county, respectively.

      3.  The amount of the expense incurred in the examination of the conditions and affairs of any company shall be paid by the company. No such charge shall be made except for necessary traveling and hotel expense and compensation of the examiner, commissioner or other department representative.

      4.  At the time of any service of process on the commissioner, as attorney for such service, the commissioner shall charge and collect the sum of $2, which may be recovered as taxable costs by the party to the suit or action causing such service to be made if he prevails in such suit or action.

 

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CHAPTER 173, SB 8

Senate Bill No. 8–Senator Slattery

CHAPTER 173

AN ACT to amend NRS sections 422.150 and 422.170, relating to appointment and salary of the state welfare director, by providing that the state welfare director shall be appointed by the governor; by removing the state welfare director from the classified service of the state; by providing that the salary of the state welfare director shall be fixed by the legislature; and providing other matters properly relating thereto.

 

[Approved April 1, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 422.150 is hereby amended to read as follows:

      422.150  [The governor shall appoint a state welfare director.] The state welfare director shall:


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ê1963 Statutes of Nevada, Page 279 (Chapter 173, SB 8)ê

 

      1.  Be appointed [on the basis of merit under the provisions of chapter 284 of NRS.] by the governor.

      2.  [Be in the classified service, except for the purposes of removal.

      3.]  Be responsible to the governor.

      [4.]3.  Serve at the pleasure of the governor.

      Sec. 2.  NRS 422.170 is hereby amended to read as follows:

      422.170  The state welfare director shall receive a salary [which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.] in an amount fixed by the legislature.

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

 

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CHAPTER 174, SB 113

Senate Bill No. 113–Senator Dial

CHAPTER 174

AN ACT to amend NRS section 634.130, relating to chiropractic license renewal fees, by requiring practicing chiropractors to attend one 2-day educational seminar each year to qualify for renewal of licenses; by providing exceptions; and by providing other matters properly relating thereto.

 

[Approved April 1, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 634.130 is hereby amended to read as follows:

      634.130  [A licensee shall pay an annual renewal fee of a minimum of $5 and not more than $10.] Every person holding a valid license and actively practicing in the State of Nevada may renew such license each year by paying a renewal fee of not less than $5 or more than $10, accompanied by satisfactory proof to the board that he has attended at least one 2-day educational seminar approved or endorsed by the board. The educational requirement of this section may be waived by the board if the licensee files with the board a statement of a chiropractic physician, osteopathic physician and surgeon or doctor of medicine certifying that the licensee is suffering from serious or disabling illness or physical disability which prevented him from attending the required educational seminar during the 12 months immediately preceding the annual licensing renewal date.

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

 

 

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ê1963 Statutes of Nevada, Page 280ê

 

CHAPTER 175, AB 406

Assembly Bill No. 406–Messrs. Petrini, Parraguirre and Viani

CHAPTER 175

AN ACT creating the Virginia City restoration commission; directing the commission to make a study regarding restoration of Virginia City and problems of financing and to report to the 53rd session of the legislature of the State of Nevada.

 

[Approved April 1, 1963]

 

      Whereas, In the year 1859, a group of hardy and intrepid men unearthed the famous Comstock Lode, “the most stupendous treasure trove of precious metals ever to dazzle the eye of man,” which was in large measure responsible for transforming Nevada from a desolate and unknown land into the great and progressive state which we of today know; and

      Whereas, Following the momentous year of this great discovery, there sprang up and flourished on the precipitous slope of Sun Mountain the justly famous Virginia City, the most colorful, celebrated and productive metropolis of the Old West; and

      Whereas, The contribution of the vast mineral wealth of the Comstock Lode helped to support the cause of the Union in the Civil War, thereby enabling Virginia City to bring statehood to Nevada 50 years before this great status would otherwise have been achieved; and

      Whereas, Such illustrious and brilliant personages as Adolph Sutro, Samuel L. Clemens, William Sharon, James Fair, William O’Brien, John Mackay and James Flood played a role in the fascinating drama of Virginia City and helped to emblazon indelibly upon the pages of history the legend of the Comstock Lode; and

      Whereas, Virginia City today serves as a reminder of the pioneer spirit, resourcefulness and indomitable courage of those people of yesteryear who, coming from all walks of life, accepted and met the challenge of building the State of Nevada; and

      Whereas, The year 1964 will mark the 100th anniversary of the admission of Nevada to the Union, a fitting occasion for Nevadans of today proudly to acknowledge the contribution of Virginia City to the achievement of statehood; and

      Whereas, The restoration of Virginia City to the magnitude and grandeur which it embodied in the early days of Nevada would enable members of the present generation to appreciate that fabled place, which represents one of the most thrilling episodes in the development of Western America; now, therefore,

 

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

do enact as follows:

 

      Section 1.  1.  The Virginia City restoration commission is hereby created.

      2.  The commission shall consist of five members, one of whom shall be a resident of Storey County, appointed by the governor and to serve at the pleasure of the governor.

      3.  The members shall serve without compensation or reimbursement for expenses.


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ê1963 Statutes of Nevada, Page 281 (Chapter 175, AB 406)ê

 

      Sec. 2.  The commission shall study and investigate the problems of restoring the Virginia City of the mid-nineteenth century, the financing of such a project, and other appropriate matters pertaining thereto, and shall report its findings to the 53rd session of the legislature of the State of Nevada.

 

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CHAPTER 176, AB 242

Assembly Bill No. 242–Messrs. Swackhamer, Jacobsen, Knisley and Pozzi

CHAPTER 176

AN ACT to amend NRS section 705.390, relating to the requirements of full train crews, by changing certain requirements concerning the number and duties of crews of freight and passenger trains; providing no person employed as a flagman on the effective date of this act shall be discharged or lose his employment by reason of the provisions of this act with some exceptions; to repeal NRS section 705.400, relating to the qualifications of flagmen; and providing other matters properly relating thereto.

 

[Approved April 1, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 705.390 is hereby amended to read as follows:

      705.390  1.  It shall be unlawful for any person, firm, company or corporation engaged in the business of common carrier, operating freight and passenger trains, or either of them, within or through the State of Nevada, to run or operate, or permit or cause to be run or operated, within or through this state, along or over its road or tracks, other than along or over the road or tracks within yard limits:

      [1.](a) Any freight or passenger train consisting of two cars or less, exclusive of caboose and engine and tenders, with less than a full crew consisting of not less than four persons, to wit, one engineer, one fireman, one conductor, and one brakeman; [, who will act in the capacity of flagman;] or

      [2.](b) Any freight or passenger train of three or more and less than 50 freight, passenger or other cars, exclusive of caboose and engine, with less than a full crew consisting of five persons, to wit, one engineer, one fireman, one conductor [, one brakeman and one flagman;] and two brakemen; or

      [3.](c) Any freight or passenger train of more than 50 freight, passenger or other cars, exclusive of caboose and engine and tender, with less than a full crew, consisting of not less than [six] five persons, to wit, one conductor, one engineer, one fireman [,] and two brakemen. [and one flagman.]

      2.  No person employed as a flagman on any railroad in this state on the effective date of this amendatory act shall be discharged or lose his employment by reason of the provisions of this amendatory act. However, whenever a flagman retires, terminates or voluntarily leaves his employment the railroad company need not replace the position so vacated, unless it is to fill a mandatory position under subsection 1.


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

ê1963 Statutes of Nevada, Page 282 (Chapter 176, AB 242)ê

 

      Sec. 2.  NRS 705.400 is hereby repealed.

      Sec. 3.  If a court of competent jurisdiction shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section or part of this act, such judgment or decree shall not affect, impair, invalidate or nullify the remainder of this act, but the effect thereof shall be confined to the clause, sentence, paragraph, section or part of this act so adjudged to be invalid or unconstitutional.

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

 

________

 

 

CHAPTER 177, AB 121

Assembly Bill No. 121–Mr. Howard (by request)

CHAPTER 177

AN ACT to amend NRS sections 412.020, 412.040, 412.120, 412.125, 412.230, 412.255, 412.520 and 412.525, relating to age limits for and periods of enlistment in the Nevada National Guard, the staff of the National Guard, the grade of the adjutant general, expenses for armories, and the oath of enlistment, by changing the age limits and the periods of enlistment; by creating positions of assistant adjutant general for Air National Guard and assistant adjutant general for Army National Guard with the commissioned grades of brigadier general; by authorizing the grade of major general for the adjutant general; by increasing the expenses allowed for armories; by changing the oath of enlistment; and by providing other matters properly relating thereto.

 

[Approved April 1, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 412.020 is hereby amended to read as follows:

      412.020  Except as otherwise provided in this chapter, the militia of the State of Nevada shall consist of all able-bodied male citizens and all other able-bodied males who have or shall have declared their intention to become citizens of the United States, who are between the ages of [18] 17 and [45] 60 years, and who are residents of the state.

      Sec. 2.  NRS 412.040 is hereby amended to read as follows:

      412.040  1.  The staff of the governor as commander in chief of the Nevada National Guard shall consist of:

      (a) The adjutant general, who shall be chief of staff.

      (b) An assistant adjutant general [, who shall be assistant chief of staff.] for Air National Guard and an assistant adjutant general for Army National Guard.

      (c) Senior officers of the several staff corps and departments of the National Guard.

      2.  The staff officers, except as otherwise provided in this chapter, shall have the rank accorded in their federal recognition as officers of the National Guard of the United States, and shall hold their respective commissions as provided in NRS 412.410.

      3.  All commissions issued to staff officers of the governor’s military or governor’s National Guard staff in conflict with this section are hereby revoked and annulled.


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

ê1963 Statutes of Nevada, Page 283 (Chapter 177, AB 121)ê

 

or governor’s National Guard staff in conflict with this section are hereby revoked and annulled.

      Sec. 3.  NRS 412.120 is hereby amended to read as follows:

      412.120  1.  The adjutant general’s department shall consist of:

      (a) The adjutant general.

      (b) An assistant adjutant general for Air National Guard and an assistant adjutant general for Army National Guard in the commissioned grades of brigadier general appointed by the commander in chief.

      (c) Other officers, appointed by the commander in chief when the work of the department shall require such appointment, who shall either be commissioned in the adjutant general’s department or detailed for duty from other arms of the service or the National Guard Reserve.

      [(c)](d) Such other officers as may be prescribed by federal law.

      2.  The officer appointed the assistant adjutant general shall be on duty in the adjutant general’s office.

      3.  The qualifications for officers for appointment in the adjutant general’s department shall be as prescribed in NRS 412.380 and 412.390. All officers appointed to the grade of major in the adjutant general’s department shall have served not less than 1 year as commissioned officers in the National Guard of Nevada or in the United States Army, or in both services combined.

      4.  All officers in the adjutant general’s department shall be appointed by the governor, taking into consideration the recommendation of the adjutant general, and shall hold their positions until they have reached the age of 64 years, unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court-martial legally convened for that purpose. The officers of the adjutant general’s department who are to be assigned to brigades shall be appointed as provided for other staff officers in NRS 412.395.

      Sec. 4.  NRS 412.125 is hereby amended to read as follows:

      412.125  1.  Whenever a vacancy shall occur in the office of adjutant general, the governor shall appoint a suitable and competent citizen of Nevada as adjutant general with the [rank] grade of brigadier general [,] or major general, or may designate any officer of the National Guard not below the [rank] grade of major for such purpose.

      2.  The governor may designate any qualified citizen as adjutant general, although preference shall be given to a qualified officer of the National Guard or a retired or honorably discharged commissioned officer of the United States Army, even though he may be occupying some other office under the state government.

      Sec. 5.  NRS 412.230 is hereby amended to read as follows:

      412.230  1.  The state board of military auditors shall provide armories suitable for drill purposes and the safekeeping of federal military property, with light, water and heat, and make such allowances as may be necessary for the payment to the commanding officers of the incidental expenses of each company of the National Guard organized in the several counties of this state.


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

ê1963 Statutes of Nevada, Page 284 (Chapter 177, AB 121)ê

 

      2.  The expenses of procuring and maintaining such armories, and the monthly allowance to cover incidental expenses which may be incurred by each company shall be paid from the appropriation for the support of the Nevada National Guard. Such expenses shall, in no instance, exceed the sum of [$100] $750 per month for rentals, which shall include light, water and heat, and an additional allowance of not to exceed $25 monthly to cover company incidental expenses. Annually, the commanding officer of each unit shall report to the adjutant general, giving an exact statement of all money so received, for what purpose disbursed, and the balance remaining in his hands at the close of the fiscal year.

      3.  All claims for rentals and incidental expenses shall be rendered in triplicate. The original and first copy, as approved by the company commander, shall be forwarded to the secretary of the state board of military auditors. The triplicate copy shall be retained in the company files. Upon receipt by the adjutant general of such claims, they shall be submitted to the state board of military auditors for approval, and thereafter audited, allowed and paid as are other claims against the state. The state controller shall draw his warrant in favor of the claimant, and the state treasurer shall pay the same. All sums so paid shall be drawn against the appropriation for the support of the National Guard.

      Sec. 6.  NRS 412.255 is hereby amended to read as follows:

      412.255  1.  The Nevada National Guard shall consist of:

      (a) The regularly enlisted and enrolled militia between the ages of [18] 17 and [45] 60 years, organized, armed and equipped as provided in this chapter.

      (b) Commissioned officers between the ages of 21 and 64 years.

      2.  The Nevada National Guard shall be comprised of such units, with the approval of the governor, as the Department of the Army may allocate and designate. It shall include the Naval Militia of this state when organized.

      Sec. 7.  NRS 412.520 is hereby amended to read as follows:

      412.520  1.  Any male who is a citizen of the United States or who has legally declared his intention of becoming a citizen, of more than [18] 17 and less than [45] 35 years of age, able-bodied, free from disease, of good character and temperate habits, may be enlisted in the National Guard of this state under the provisions of the National Defense Act of 1916, and the various amendments thereto.

      2.  Original enlistments in the National Guard shall be for [a period of 3 years, and subsequent enlistments for periods of 1 year each.] not less than 3 years for persons who have not served, and for not less than 1 year for persons who have served, in the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States, or the Organized Militia or National Guard. Reenlistments shall be for not less than 1 year. Original enlistments and reenlistments may be extended at the request of a member for not less than 6 months, or by proclamation of the President, if Congress declares an emergency, until 6 months after termination of the emergency.


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

ê1963 Statutes of Nevada, Page 285 (Chapter 177, AB 121)ê

 

      3.  The restriction as to maximum age and citizenship shall not apply to [soldiers] persons who have previously served honestly and faithfully in the [United States Army, Regular Army, the Organized Militia or the National Guard.] Army, Navy, Air Force, Marine Corps or Coast Guard of the United States, or the Organized Militia or National Guard.

      4.  The qualifications for enlistment shall be the same as those prescribed for admission to the Regular Army, and all men enlisting in the National Guard must sign an enlistment contract, and take and subscribe to the oath set forth in 32 U.S.C. § [123.] 304.

      Sec. 8.  NRS 412.525 is hereby amended to read as follows:

      412.525  [Men enlisting in the National Guard of Nevada, on becoming members and before performing duty, shall sign an enlistment contract and must take and subscribe to the following oath of enlistment:

      I do hereby acknowledge to have voluntarily enlisted this..................... day of...................................., 19........., in the National Guard of the State of................................, for the period of 3 (or 1) year......, under the conditions prescribed by law, unless sooner discharged by proper authority. I, ............................................, do solemnly swear that I will bear true faith and allegiance to the United States of America and to the State of.............................; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States and of the governor of the State of................................ and the orders of the officers appointed over me, according to law and regulations.] Each person enlisting in the National Guard of Nevada shall sign an enlistment contract and subscribe to the following oath:

      I do hereby acknowledge to have voluntarily enlisted this................ day of..........................., 19......, in the.......................... National Guard of the State of............................... for the period of............ year(s), under the conditions prescribed by law, unless sooner discharged by proper authority.

      I, .................................., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America and to the State of..........................; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States and the governor of............................... and the orders of the officers appointed over me, according to law and regulations.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 286ê

 

CHAPTER 178, AB 32

Assembly Bill No. 32–Mr. Ames

CHAPTER 178

AN ACT to amend an act entitled “An Act fixing the compensation of certain county officers of Esmeralda County, Nevada; authorizing and empowering the board of county commissioners of Esmeralda County, Nevada, to regulate the appointment, number and compensation of deputies of county officers and other county employees; repealing certain acts and parts of acts; and other matters properly relating thereto,” approved March 21, 1957, as amended.

 

[Approved April 2, 1963]

 

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 143, Statutes of Nevada 1957, as amended by chapter 65, Statutes of Nevada 1960, at page 70, is hereby amended to read as follows:

      Section 1.  The sheriff of Esmeralda County for services as sheriff shall receive an annual salary of [$2,400.] $2,700. For his services as ex officio county assessor he shall receive an annual salary of [$2,400.] $2,700. The sheriff is hereby authorized to appoint one deputy sheriff who shall receive an annual salary of [$1,950] $2,250 as deputy sheriff and an annual salary of [$1,950] $2,250 as ex officio deputy county assessor. [The sheriff may also appoint as many deputy assessors and deputy sheriffs as the board of county commissioners shall deem necessary, and the board of county commissioners shall fix the compensation of the deputies so appointed. In no case shall the compensation of such deputies exceed the sum of $12 per day.]

      Sec. 2.  Section 2 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, as amended by chapter 65, Statutes of Nevada 1960, at page 71, is hereby amended to read as follows:

      Section 2.  The county clerk and treasurer for his services as county clerk and treasurer shall receive an annual salary of [$4,200. He may appoint as many deputies as the board of county commissioners shall deem necessary, and the compensation of such deputies shall not exceed the sum of $12 per day.] $4,800.

      Sec. 3.  Section 3 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, as amended by chapter 65, Statutes of Nevada 1960, at page 71, is hereby amended to read as follows:

      Section 3.  The county recorder and ex officio auditor shall receive an annual salary of [$4,200. He may appoint as many deputies as the board of county commissioners shall deem necessary, and the compensation of such deputies shall not exceed the sum of $12 per day.] $4,800.

      Sec. 4.  Section 4 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, as amended by chapter 65, Statutes of Nevada 1960, at page 71, is hereby amended to read as follows:

      Section 4.  The district attorney for his services as district attorney shall receive an annual salary of [$4,200. He may have a clerk or stenographer to be named by him at a salary of not to exceed the sum of $12 per day. When the business of his office shall require and the board of county commissioners shall deem it necessary, he may appoint a deputy who shall be paid at the rate of not to exceed $12 per day.]


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

ê1963 Statutes of Nevada, Page 287 (Chapter 178, AB 32)ê

 

board of county commissioners shall deem it necessary, he may appoint a deputy who shall be paid at the rate of not to exceed $12 per day.] $4,800.

      Sec. 5.  The above-entitled act, being chapter 143, Statutes of Nevada 1957, at page 193, is hereby amended by adding thereto a new section to be designated as section 4.5 which shall immediately follow section 4 and shall read as follows:

      Section 4.5.  Deputies, part-time office help, clerks and stenographers may be appointed or employed by county officers when approved and considered necessary by the board of county commissioners. The compensation of such persons shall not exceed the sum of $16 per day each.

      Sec. 6.  Section 5 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, at page 193, is hereby amended to read as follows:

      Section 5.  The county commissioners of Esmeralda County shall receive the sum of [$1,800] $2,000 per annum each, and mileage at the rate of 10 cents per mile in going to and returning from the county seat when attending a session of the board.

      Sec. 7.  Section 6 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, at page 193, is hereby amended to read as follows:

      Section 6.  The salaries enumerated in sections 1, 2, 3, 4 and 5 of this act shall be paid in [equal monthly] two equal semimonthly installments and shall be full compensation for all services and ex officio services, both civil and criminal, performed by the above-named officers. All percentages collected by the sheriff as sheriff and ex officio assessor shall be by him paid into the county treasury, and no fees of any kind or character shall be allowed the above-named officers. They shall make full, true and correct reports of all fees collected by them monthly to the board of county commissioners. The board of county commissioners is authorized to allow the traveling expenses of all the above-named officers when traveling either in Esmeralda County or elsewhere in the performance of the duties of their offices.

 

________

 

 

CHAPTER 179, AB 34

Assembly Bill No. 34–Messrs. Christensen and Valentine

CHAPTER 179

AN ACT to amend NRS section 4.350, relating to clerks of justices’ courts, by deleting limits on salaries of such clerks and providing for the appointment and fixing of compensation of such clerks by boards of county commissioners.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 4.350 is hereby amended to read as follows:

      4.350  1.  [In any township wherein there are cast at a general election not less than 1,625 votes nor more than 1,750 votes, the board of county commissioners shall appoint for the justice’s court of any such township, a clerk, and provide compensation therefor not to exceed $60 per month, upon the written nomination and recommendation of the duly elected, qualified and acting justice of the peace of the township.


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

ê1963 Statutes of Nevada, Page 288 (Chapter 179, AB 34)ê

 

township, a clerk, and provide compensation therefor not to exceed $60 per month, upon the written nomination and recommendation of the duly elected, qualified and acting justice of the peace of the township.

      2.  In any township wherein the population at the last preceding census was 7,000 or more, the board of county commissioners may appoint a clerk for the justice’s court of the township, and provide compensation therefor not to exceed $350 per month, upon the written nomination and recommendation of the duly elected, qualified and acting justice of the peace of the township.

      3.]  The board of county commissioners may appoint a clerk for the justice’s court upon the recommendation of the justice of the peace. The compensation of a clerk so appointed shall be fixed by the board of county commissioners.

      2.  The justice’s clerk appointed under the provisions of [subsections 1 or 2] subsection 1 shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of such township and county.

      [4.]3.  The justice’s clerk shall have authority to administer oaths, take and certify affidavits and acknowledgments, issue process, enter suits on the docket, and do all clerical work in connection with the keeping of the records, files and dockets of the court, and shall perform such other duties in connection with the office as the justice of the peace shall prescribe.

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

 

________

 

 

CHAPTER 180, AB 408

Assembly Bill No. 408–Committee on State, County and City Affairs

CHAPTER 180

AN ACT allowing the board of county commissioners of Mineral County to waive appraisal of certain lands to be acquired from the Federal Government.

 

[Approved April 2, 1963]

 

      Whereas, The board of county commissioners of Mineral County, Nevada, is negotiating for the acquisition of 6.42 acres of land in Mineral County, the title of which is vested in the Federal Government; and

      Whereas, Before such land will be released by the Federal Government to Mineral County the same will be appraised; now, therefore,

 

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

do enact as follows:

 

      Section 1.  Notwithstanding the provisions of NRS 244.275, the board of county commissioners of Mineral County, Nevada, may waive an appraisal of 6.42 acres of real property situated in the NE 1/4 of the NE 1/4 of T. 7 N., R. 30 E., M.D.B. & M., located in Mineral County, Nevada, which the board of county commissioners may acquire for Mineral County by purchase from the Federal Government or any of its agencies or instrumentalities.


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ê1963 Statutes of Nevada, Page 289 (Chapter 180, AB 408)ê

 

County, Nevada, which the board of county commissioners may acquire for Mineral County by purchase from the Federal Government or any of its agencies or instrumentalities.

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

 

________

 

 

CHAPTER 181, AB 116

Assembly Bill No. 116–Committee on Social Welfare (by request)

CHAPTER 181

AN ACT to amend NRS section 422.300, relating to county advisory welfare boards, by providing that the judge of the juvenile court rather than the state welfare director may establish such boards; changing the composition and duties of county advisory welfare boards; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 422.300 is hereby amended to read as follows:

      422.300  1.  In [counties] any county where it is deemed advisable, the [state welfare director, with the approval of the state welfare board,] judge of the juvenile court may establish a county advisory [boards.] board.

      2.  Each county advisory board shall consist of [three persons, one of whom must be a member of the board of county commissioners appointed by the state welfare director upon the recommendation of the board of county commissioners.] five persons appointed by the judge of the juvenile court.

      3.  A county advisory board shall advise with the state welfare department [on local welfare matters.] , the board of county commissioners, the judge of the juvenile court, the governor and the legislature on child welfare matters and shall make such reports as the judge of the juvenile court deems necessary.

 

________

 

 

CHAPTER 182, SB 84

Senate Bill No. 84–Committee on Education and State University

CHAPTER 182

AN ACT to amend NRS section 281.060, relating to preferential employment by the state and to the employment of aliens, by providing that the University of Nevada is exempt from the prohibition against the employment of certain aliens by the state.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 281.060 is hereby amended to read as follows:

      281.060  1.  Only citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States shall be employed by any officer of the State of Nevada, any political subdivision of the state, or by any person acting under or for such officer in any office or department of the State of Nevada, or political subdivision of the state.


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

ê1963 Statutes of Nevada, Page 290 (Chapter 182, SB 84)ê

 

who have been honorably discharged from the military service of the United States shall be employed by any officer of the State of Nevada, any political subdivision of the state, or by any person acting under or for such officer in any office or department of the State of Nevada, or political subdivision of the state.

      2.  In all cases where persons are so employed, preference shall be given, the qualifications of the applicants being equal:

      (a) First: To honorably discharged soldiers, sailors and marines of the United States who are citizens of the State of Nevada.

      (b) Second: To other citizens of the State of Nevada.

      3.  Nothing in this section shall be construed to prevent:

      (a) The working of prisoners by the State of Nevada, or by any political subdivision of the state, on street or road work or other public work.

      (b) The working of aliens, who have not forfeited their right to citizenship by claiming exemption from military service, as common laborers in the construction of public roads, when it can be shown that citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States are not available for such employment; but any alien so employed shall be replaced by a citizen, ward or ex-service person of the United States applying for employment.

      (c) The employment of any teacher, instructor or professor authorized to teach in the United States under the teacher-exchange programs as authorized by federal laws enacted by the Congress of the United States.

      (d) Employment of aliens by the University of Nevada in the technical, graduate assistant and student help categories, but not more than 5 percent of the total number of persons employed in the technical, graduate assistant and student help categories may be aliens.

      4.  Subject to the exceptions contained in this section, no money shall be paid out of the state treasury or out of the treasury of any political subdivision of the state to any person employed on any of the work mentioned in this section unless such person shall be a citizen or ward or naturalized citizen of the United States.

      5.  Any officer of the State of Nevada, or of any political subdivision of the state, or any person acting under or for such officer, or any other person who violates 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 $100 nor more than $500, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment. The penalties provided for in this section shall not apply where violations thereof are due to misrepresentations made by the employee or employees by the production of fraudulent papers evidencing citizenship in the United States.

 

________

 

 


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ê1963 Statutes of Nevada, Page 291ê

 

CHAPTER 183, SB 162

Senate Bill No. 162–Senator Lamb

CHAPTER 183

AN ACT to amend an act entitled “An Act concerning Lincoln county officers, providing for the appointment of their deputies, defining the duties of said officers and deputies, and fixing their compensation; and repealing all acts and parts of acts inconsistent with the provisions of this act,” approved March 13, 1953, as amended.

 

[Approved April 2, 1963]

 

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 95, Statutes of Nevada 1953, as amended by chapter 139, Statutes of Nevada 1957, at page 190, is hereby amended to read as follows:

      Section 1.  The compensation of the respective officers of Lincoln County, Nevada, is hereby fixed as follows, to be allowed, audited and paid semimonthly.

      The county commissioners shall each receive an annual salary of [$1,800.] $2,400. The county clerk, the county recorder, the county treasurer, the county assessor and the district attorney shall each receive an annual salary of [$5,100.] $6,000. The sheriff shall receive an annual salary of [$5,100.] $6,000.

 

________

 

 

CHAPTER 184, AB 446

Assembly Bill No. 446–Committee on Ways and Means

CHAPTER 184

AN ACT to amend NRS section 443.105, relating to the care of indigent persons infected with active tuberculosis at state expense and legislative appropriations therefor, by requiring the state department of health to confine such expenditures within the limits of legislative appropriations.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 443.105 is hereby amended to read as follows:

      443.105  1.  Every person who, under the regulations of the board, is found to be infected with active tuberculosis, and to constitute a threat to the health and safety of the public, or who is suspected of being so infected, shall be cared for at public expense, if he produces a written statement subscribed and sworn to or affirmed before a notary public declaring that he is unable to pay for medical or hospital care.

      2.  The cost of such care shall be paid by the department from moneys provided by direct legislative appropriation [.] and within the limits of such appropriation.

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 292ê

 

CHAPTER 185, AB 423

Assembly Bill No. 423–Committee on State, County and City Affairs

CHAPTER 185

AN ACT to amend an act entitled “An Act to amend an act entitled ‘An Act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,’ approved March 16, 1903, as amended,” approved April 6, 1961, and to amend an act entitled “An Act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1903, as amended.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  Section 38 of chapter 323, Statutes of Nevada 1961, at page 644, entitled “An Act to amend an act entitled ‘An Act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,’ approved March 16, 1903, as amended,” approved April 6, 1961, is hereby amended to read as follows:

      Section 38.  1.  Section 36 of this act shall become effective upon passage and approval.

      2.  If the “council-manager” form of government is not approved by the registered voters of the City of Reno at the general election in November 1962, no section of this act, except section 36, shall become effective.

      3.  If the “council-manager” form of government is approved by the voters at the general election in 1962, all sections of this act, except [section 36,] sections 28 and 36, shall become effective on the date the results of such election are declared only for the purpose of dividing the City of Reno into five wards and conducting the primary and general municipal elections in May and June of 1963. On or before January 30, 1963, the incumbent councilmen of the City of Reno shall, by ordinance, after certification of the county clerk as provided in section 1 of this act, divide the city into five wards for the purpose of conducting such primary and general municipal elections. If the “council-manager” form of government is approved by the voters at the general election in 1962, section 28 of this act shall become effective on February 1, 1963.

      4.  If the “council-manager” form of government is approved by the voters at the general election in 1962, all sections of this act, except [section 36,] sections 28 and 36, shall become effective for all purposes, other than those specified in subsection 3, on the date the results of the general municipal election in 1963 are declared.

      Sec. 2.  Section 1 of Article XVII of chapter 102, Statutes of Nevada 1903, entitled “An Act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1903, as last amended by chapter 323, Statutes of Nevada 1961, at page 641, which amendment as a result of the approval of the city voters at the state general election in November, 1962, became effective on February 1, 1963, pursuant to section 1 of this act, is hereby amended to read as follows:

 


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

ê1963 Statutes of Nevada, Page 293 (Chapter 185, AB 423)ê

 

relating thereto,” approved March 16, 1903, as last amended by chapter 323, Statutes of Nevada 1961, at page 641, which amendment as a result of the approval of the city voters at the state general election in November, 1962, became effective on February 1, 1963, pursuant to section 1 of this act, is hereby amended to read as follows:

      Section 1.  A primary municipal election shall be held in the city on the first Tuesday after the first Monday in May, 1963, and on the same day every 4 years thereafter, at which time there shall be nominated candidates for councilmen from the second and fourth wards and one councilman at large, city attorney, city clerk and police judge. There shall also be nominated at such election in 1963 candidates for councilman from the first, third and fifth wards and one councilman at large, to serve for terms of 2 years. On the first Tuesday after the first Monday in May 1965, and on the same day every 4 years thereafter, a primary council election shall be held, at which time there shall be nominated candidates for city councilman from the first, third and fifth wards and one councilman at large.

      A candidate for any office to be voted for at a primary municipal or council election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of primary election. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of $25 for filing an affidavit of candidacy. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.

      All candidates shall be voted upon by the electors of the city at large. [The] If only two candidates file affidavits of candidacy for an office, their names shall not be placed on the ballot for the primary municipal or council election but shall be placed on the ballot for the general municipal or council election. If more than two candidates file affidavits of candidacy for an office, the names of the two candidates for each office receiving the highest number of votes in the primary municipal or council election shall be placed on the ballot for the general municipal or council election.

      A general municipal election shall be held in the city on the first Tuesday after the first Monday in June, 1963, and on the same day every 4 years thereafter, at which time there shall be elected councilmen from the second and fourth wards and one councilman at large, one city attorney, one city clerk and one police judge. There shall also be elected at such election in 1963 councilmen from the first, third and fifth wards and one councilman at large to serve for terms of 2 years. On the first Tuesday after the first Monday in June 1965, and on the same day every 4 years thereafter, a general council election shall be held, at which time there shall be elected councilmen from the first, third and fifth wards of the city and one councilman at large. All candidates at the general municipal or council election shall be voted upon by the electors of the city at large.

      All elections held under this charter shall be governed by the provisions of the [elections] election laws of the state, so far as the same can be made applicable and which are not inconsistent herewith.


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

ê1963 Statutes of Nevada, Page 294 (Chapter 185, AB 423)ê

 

can be made applicable and which are not inconsistent herewith. The conduct and carrying on of all city elections shall be under the control of the city council, and they shall by ordinance provide for the holding of the same, appoint the necessary officers thereof, and do all other or further things required to carry the same into effect.

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

 

________

 

 

CHAPTER 186, AB 436

Assembly Bill No. 436–Committee on Ways and Means

CHAPTER 186

AN ACT making an appropriation to the city of Las Vegas, Nevada, in reimbursement of the costs of curb, gutter and sidewalk improvements and street paving on 25th Street made by such city, adjacent to the National Guard armory.

 

[Approved April 2, 1963]

 

      Whereas, The city of Las Vegas, a municipal corporation located in Clark County, Nevada, has caused curb, gutter and sidewalk improvements and street paving to be done on 25th Street in such city adjacent to the National Guard armory at a cost of $4,544.10; and

      Whereas, The costs of such improvements should be paid by the State of Nevada; now, therefore,

 

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

do enact as follows:

 

      Section 1.  The sum of $4,544.10 is hereby appropriated from the general fund in the state treasury for the payment of the costs of street improvements outlined in the preamble hereof, and the state controller is hereby authorized and directed to draw his warrant in favor of the city of Las Vegas for the sum of $4,544.10, and the state controller is hereby authorized and directed to pay the same upon the presentation of a claim for the costs of such street improvements presented by the city of Las Vegas and approved by the state board of examiners.

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 295ê

 

CHAPTER 187, AB 402

Assembly Bill No. 402–Committee on Ways and Means

CHAPTER 187

AN ACT appropriating $118,300 from the fish and game fund to the state planning board for the purpose of construction work at the fish hatchery at Verdi, Washoe County, Nevada; stating the powers, duties and responsibilities of the state planning board; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  Subject to the provisions of section 2, the sum of $118,300 is hereby appropriated from the fish and game fund for the support of the state planning board for construction work at the fish hatchery at Verdi, Washoe County, Nevada.

      Sec. 2.  The state controller shall not transfer any of the moneys appropriated by section 1 nor shall the state planning board proceed with such construction work until the state planning board has received a copy of a resolution adopted by the state board of fish and game commissioners requesting that such construction work be undertaken.

      Sec. 3.  1.  The state planning board is hereby charged with the duty of carrying out the provisions of this act:

      (a) As provided in chapter 341 of NRS;

      (b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction work set forth in this act.

      2.  The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized construction work.

      3.  All construction work authorized by this act shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.

      4.  The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for sealed bids for the construction work designated in this act. Approved plans and specifications for such construction work shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on a part or parts of the construction work, and may let separate contracts for different and separate portions of the construction work. Any and all bids may be rejected for any good reason.

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 296ê

 

CHAPTER 188, AB 385

Assembly Bill No. 385–Washoe County Delegation

CHAPTER 188

AN ACT authorizing Washoe County to construct and otherwise acquire public parks, playgrounds and other recreational facilities; concerning the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $1,000,000 and the levy of taxes in connection therewith; providing other details concerning the bonds and the taxes; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

      Whereas, The County Fair and Recreation Board of Washoe County (herein sometimes designated as the “Recreation Board”), duly organized pursuant to resolution of the Board of County Commissioners (herein sometimes designated as the “County Board”) of the County of Washoe (herein sometimes designated as the “County”), ordered the submission, and there was submitted, at the general election held in the County on Tuesday, the 6th day of November 1962, to the duly qualified electors of the County, a proposal authorizing the County to incur an indebtedness by the issuance of the County’s negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of $1,000,000, or so much thereof as may be necessary, for the purpose of constructing and otherwise acquiring for the County public parks, playgrounds and other recreational facilities, including, without limiting the generality of the foregoing, buildings therefor, improvements incidental thereto, and sites and grounds, equipment and furnishings therefor (herein sometimes designated as the “Project”), such bonds to bear interest at a rate or rates not exceeding 5 percent per annum, and to mature serially commencing not later than 3 years and ending not later than 30 years from the date of the bonds, payable from general (ad valorem) taxes (except to the extent any other moneys are available therefor), and to be issued and sold in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the authorizing board may determine, including at its option, but not necessarily limited to, provisions for the redemption of bonds prior to maturity without or with the payment of a premium; and

      Whereas, Such proposal was approved by a majority voting thereon of those qualified electors who were owners of, or spouses of owners of, real property assessed on the County assessment roll and by a majority voting thereon of all other qualified electors of the County; and

      Whereas, The County Board now proposes to effect the Project itself and to issue County bonds therefor and thus avoid burdening the Recreation Board with the Project, its operation and maintenance, and with the issuance of the County’s bonds for the Project; now, therefore,

 

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

do enact as follows:

 

      Section 1.  The Board of County Commissioners of Washoe County, Nevada, in addition to the powers elsewhere conferred upon the County Board, is hereby authorized and empowered, upon behalf of the County, without the necessity of an additional election or other or further preliminaries, to issue the County’s negotiable, coupon, general obligation bonds, in the aggregate principal amount of not exceeding $1,000,000, or such lesser amount as may be necessary, for the purpose of constructing and otherwise acquiring for the County public parks, playgrounds and other recreational facilities, including, without limiting the generality of the foregoing, buildings therefor, improvements incidental thereto, and sites and grounds, equipment and furnishings therefor.


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

ê1963 Statutes of Nevada, Page 297 (Chapter 188, AB 385)ê

 

the County Board, is hereby authorized and empowered, upon behalf of the County, without the necessity of an additional election or other or further preliminaries, to issue the County’s negotiable, coupon, general obligation bonds, in the aggregate principal amount of not exceeding $1,000,000, or such lesser amount as may be necessary, for the purpose of constructing and otherwise acquiring for the County public parks, playgrounds and other recreational facilities, including, without limiting the generality of the foregoing, buildings therefor, improvements incidental thereto, and sites and grounds, equipment and furnishings therefor.

      Sec. 2.  1.  Any bonds issued pursuant hereto may be sold in such manner as may be approved by the County Board to defray the cost of the Project, including all proper incidental expenses.

      2.  Bonds shall be sold at public or private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the County Board, below par at a discount not exceeding 5 percent of the principal amount thereof and at a price which will not result in a net interest cost to the County of more than 5 percent per annum computed to maturity according to standard tables of bond values to the extent the maximum or any lesser amount of discount permitted by the County Board shall have been capitalized as a cost of the Project.

      3.  No discount (except as herein otherwise provided expressly or by necessary implication) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.

      4.  The County Board may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.

      5.  Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Project, which cost, at the option of the County Board, may include all or any part of the incidental costs appertaining to the Project, including without limiting the generality of the foregoing, preliminary expenses advanced by the County from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any construction or other reasonable period, and of a reserve fund to secure additionally the payment of the interest on and the principal of the bonds, the acquisition of properties by condemnation, or otherwise, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the County Board.


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

ê1963 Statutes of Nevada, Page 298 (Chapter 188, AB 385)ê

 

to the Project, as estimated or otherwise ascertained by the County Board.

      6.  Any unexpended balance of such bond proceeds remaining after the completion of the Project shall be paid immediately into the fund created for the payment of the principal of the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and in the proceedings authorizing their issuance.

      7.  The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the Project.

      8.  The purchaser or purchasers of any bonds shall in no manner be responsible for the application of the proceeds of the bonds by the County, the County Board, or any of the officers, agents and employees of the County.

      9.  No bonds hereby authorized shall be delivered after the expiration of 5 years from the effective date of this act.

      Sec. 3.  1.  Bonds issued pursuant hereto shall be a debt of the County, and the County shall thereby pledge its full faith and credit for their payment. Bonds may be paid out of any funds of the County available therefor, including but not necessarily limited to general tax proceeds.

      2.  The payment of bonds shall not be secured by an encumbrance, mortgage or other pledge of property of the County, except for general tax proceeds. No property of the County, subject to the use of general tax proceeds and any other moneys available therefor, shall be liable to be forfeited or taken in payment of the bonds.

      3.  Any ordinance authorizing the issuance of bonds may provide for the accumulation and maintenance of a reasonable reserve fund to secure additionally the payment of the interest on and the principal of the bonds from bond proceeds, from general taxes, or otherwise, as the County Board may determine.

      Sec. 4.  Each series of bonds shall be authorized by ordinance of the County Board.

      Sec. 5.  1.  Any ordinance authorizing any bonds hereunder may provide that each bond therein authorized shall recite that it is issued under authority hereof.

      2.  Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.

      Sec. 6.  1.  The bonds of any series hereunder shall:

      (a) Be of convenient denominations;

      (b) Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment either as to principal alone, or as to both principal and interest, or either;

      (c) Be issued at one time or from time to time in one series or more;

      (d) Mature serially in regular numerical order at annual or other designated intervals, in not exceeding 30 years from the date of the bonds, commencing not later than 3 years therefrom, and in substantially equal amounts of principal, or upon an amortization plan for such bonds so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on the bonds, or upon an amortization plan for all general obligation bonds of the County so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all outstanding bonds of the County (excluding any general obligation bonds also payable from pledged revenues), except that the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or upon any other plan as the County Board may determine;

 


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

ê1963 Statutes of Nevada, Page 299 (Chapter 188, AB 385)ê

 

bonds, commencing not later than 3 years therefrom, and in substantially equal amounts of principal, or upon an amortization plan for such bonds so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on the bonds, or upon an amortization plan for all general obligation bonds of the County so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all outstanding bonds of the County (excluding any general obligation bonds also payable from pledged revenues), except that the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or upon any other plan as the County Board may determine;

      (e) Bear interest at a rate or rates of not more than 5 percent per annum, the interest on each bond to be payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;

      (f) Have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds, unless they be registered for payment as to both principal and interest, each of which coupons shall be consecutively numbered and shall bear the number of the bond to which it is attached;

      (g) Be made payable in lawful money of the United States of America at such place or places, within or without the State of Nevada, as may be provided by the County Board; and

      (h) Be printed at such place or places, within or without the state, as the County Board may determine.

      2.  Any ordinance authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, as the County Board may determine and state therein.

      3.  Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon.

      4.  The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the County Board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.

      5.  Pending preparations of the definitive bonds, temporary bonds in such form and with such provisions as the County Board may determine may be issued.

      6.  Subject to the payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.


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

ê1963 Statutes of Nevada, Page 300 (Chapter 188, AB 385)ê

 

      7.  Notwithstanding any other provision of law, the County Board in any proceedings authorizing bonds hereunder:

      (a) May provide for the initial issuance of one or more bonds (in this subsection 7 called “bond”) aggregating the amount of the entire issue or any portion thereof;

      (b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable;

      (c) May provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond; and

      (d) May make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.

      8.  If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the County Board:

      (a) Proof of ownership;

      (b) Proof of loss or destruction;

      (c) A surety bond in twice the face amount of the bond and coupons; and

      (d) Payment of the cost of preparing and issuing the new bond.

      9.  Any other bond may be reissued upon such conditions as the County Board may determine.

      10.  Any bond shall be executed in the name of and on behalf of the County, signed by the chairman of the County Board, countersigned by the county treasurer, with the seal of the County affixed thereto.

      11.  Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the county treasurer.

      12.  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. (Such a filing is not a condition precedent to the execution of any coupon.)

      13.  The county treasurer may cause the seal of the County to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.

      14.  The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the County, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.


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

ê1963 Statutes of Nevada, Page 301 (Chapter 188, AB 385)ê

 

thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.

      15.  Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.

      Sec. 7.  Bonds issued hereunder, their transfer, and the income therefrom shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.

      Sec. 8.  1.  The bonds authorized to be issued under the provisions hereof shall be payable from general (ad valorem) taxes levied against all the taxable property in the County, including the net proceeds of mines.

      2.  Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the state, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, after making due allowances for probable delinquencies, to be levied on all such taxable property within the boundaries of the County, without limitation as to rate or amount and without regard to any statutory limitation now or hereafter existing.

      3.  It shall be the duty of the County Board, and of any other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as the same become due.

      4.  Any such tax levy shall enjoy the same priority as provided by NRS 350.250, as from time to time amended, for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.

      5.  Nothing herein contained shall be construed as prohibiting the County Board from paying such principal and interest from the proceeds of any available revenues, and the levy or levies of general taxes herein provided may be diminished to the extent such other revenues are available for the payment of such principal and interest.

      Sec. 9.  1.  Before the County Board shall cause to be delivered bonds hereunder, all such bonds shall be registered by the county treasurer in a book kept in his office for that purpose.

      2.  The register shall show:

      (a) The amount of the bonds;

      (b) The time of payment; and

      (c) The rate of interest the bonds bear.

      3.  After registration by the county treasurer, he shall cause the bonds to be delivered to the purchaser or purchasers thereof from the County Board, upon payment being made therefor on the terms of the sale or sales.

      Sec. 10.  Whenever the county treasurer shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or by stamping thereon the word “Paid,” together with the date of its payment, and sign his name thereto.


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

ê1963 Statutes of Nevada, Page 302 (Chapter 188, AB 385)ê

 

of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or by stamping thereon the word “Paid,” together with the date of its payment, and sign his name thereto.

      Sec. 11.  No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal of and the interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.

      Sec. 12.  The exercise of any power herein authorized by the County Board upon behalf of the County has been determined, and is hereby declared, to effect a public purpose; and the Project, as herein authorized, shall effect a public purpose.

      Sec. 13.  1.  This act, without reference to other statutes of the state, except as herein otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted, including but not limited to:

      (a) The Project; and

      (b) The borrowing of money and the issuance of bonds or other securities to evidence such loans.

      2.  No other act or law with regard to the authorization or issuance of securities or the exercise of any other power herein granted that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.

      3.  The provisions of no other law, either general, special or local, except as provided herein, shall apply to the doing of the things herein authorized to be done; and no public body, other than the County Board, shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done.

      4.  The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law.

      5.  No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.

      Sec. 14.  It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.

      Sec. 15.  If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.

      Sec. 16.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 303ê

 

CHAPTER 189, AB 6

Assembly Bill No. 6–Miss Herr

CHAPTER 189

AN ACT to amend NRS section 426.440, relating to income furnished to recipients of aid to the blind by relatives of such recipients, by providing that a portion of the net earnings of the spouse of a recipient of aid to the blind shall not be considered community property; and by providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 426.440 is hereby amended to read as follows:

      426.440  1.  Only such income as is actually furnished to an applicant or recipient by a relative and is not inconsequential or unpredictable may be deemed income available to the applicant or recipient for his support.

      2.  No relative of an applicant for or recipient of aid to the blind may be held liable for contributions to the support of such applicant or recipient except in the case of the parent of a minor child applying for, or receiving, aid to the blind.

      3.  The state welfare department shall advise the attorney general of the failure of a responsible parent to contribute to the support of a minor child applying for, or receiving, aid to the blind, and the attorney general shall cause appropriate legal action to be taken to enforce such support.

      4.  For the purpose of encouraging the spouse of a recipient of aid under NRS 426.010 to 426.500, inclusive, to retain or seek employment in order to be self-supporting and to avoid becoming a recipient of public aid, the net earnings of such spouse not in excess of $200 per month, after deduction for expenses incurred in connection with such earnings and for the support of any minors dependent upon such spouse, and payments of any indebtedness incurred for medical care or other necessities of life, shall not be considered community property. Where such spouse is engaged in seasonal employment, the estimated annual earnings shall be prorated on a monthly basis.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 304ê

 

CHAPTER 190, AB 75

Assembly Bill No. 75–Mr. Jacobsen

CHAPTER 190

AN ACT to amend chapter 404 of NRS, relating to road districts, by adding new sections authorizing the levy of a tax on property within road districts in counties polling not less than 1,800 votes and not more than 2,999 votes and the exchange of maintenance equipment between districts and the county; to amend NRS sections 404.070 and 404.080, relating to the establishment and designation of road districts and election of road supervisors, by making permissive rather than mandatory the establishment and designation of road districts; by deleting the provision for election of road supervisors and providing for their appointment by the board of county commissioners; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 404 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  In road districts in counties polling not less than 1,800 votes and not more than 2,999 votes, the board of county commissioners may levy a property tax on property within the road district of not more than 30 cents on each $100 of assessed valuation for the maintenance and repair of roads within the road district. The proceeds of the tax shall be placed in the road district fund of the district in which the tax is levied, and shall be used exclusively for the maintenance and repair of roads within the district.

      Sec. 3.  In road districts in counties polling not less than 1,800 votes and not more than 2,999 votes, county or road district maintenance equipment may be loaned or leased to or from other road districts or the county upon a fair rental basis as determined by the board of county commissioners.

      Sec. 4.  NRS 404.070 is hereby amended to read as follows:

      404.070  The board of county commissioners of each county polling at the last general election not less than 1,800 votes and not more than 2,999 votes [shall,] may, for the purpose of supervision of roads, divide the county into road districts, each appropriately designated.

      Sec. 5.  NRS 404.080 is hereby amended to read as follows:

      404.080  [At every election of county officers there shall also be elected one road supervisor in each road district.] The board of county commissioners shall appoint in each road district one road supervisor. The same road supervisor may serve more than one road district.

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

 

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ê1963 Statutes of Nevada, Page 305ê

 

CHAPTER 191, AB 348

Assembly Bill No. 348–Committee on Livestock

CHAPTER 191

AN ACT to amend NRS section 361.030, defining the term “personal property” as used in the property tax law, by excluding from the definition calves and lambs that have not been weaned.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 361.030 is hereby amended to read as follows:

      361.030  1.  “Personal property” means and includes:

      (a) All household and kitchen furniture.

      (b) All law, medical and miscellaneous libraries.

      (c) All goods, wares and merchandise.

      (d) All chattels of every kind and description.

      (e) Stocks of goods on hand.

      (f) Horses, mules, oxen, calves, beef cattle, hogs, sheep, goats, jacks and jennies, and cattle of every description [.] , but does not mean and include calves and lambs that have not been weaned.

      (g) Wagons, carriages, buggies, omnibuses, stages, stagecoaches, sulkies, carts, drays and all other vehicles, whether for use, pleasure or hire.

      (h) All locomotives, cars, rolling stock and other personal property used in operating any railroad within the state.

      (i) All machines and machinery, all works and improvements, all steamers, vessels and watercraft of every kind and name navigating or used upon the waters of any river or lake within this state or having a general depot or terminus within this state.

      (j) The money, property and effects of every kind, except real estate, of all banks, banking institutions or firms, bankers, moneylenders and brokers.

      (k) All property of whatever kind or nature not included in the term “real estate” as that term is defined in NRS 361.035.

      2.  Gold-bearing and silver-bearing ores, quartz or minerals from which gold or silver is extracted, when in the hands of the producers thereof, shall not mean, not be taken to mean, nor be listed and assessed under the term “personal property” as used in this section, but are specially excepted therefrom, and shall be listed, assessed and taxed as provided by law.

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

 

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ê1963 Statutes of Nevada, Page 306ê

 

CHAPTER 192, SB 200

Senate Bill No. 200–Committee on Judiciary

CHAPTER 192

AN ACT to amend chapter 159 of NRS, relating to guardianships and trusts, by adding a new section providing for the transfer of guardianship proceedings to the district court of the county in which the guardian and ward reside; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 159 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      If a guardian and ward both remove their place of residence to a county other than a county within the jurisdiction of the court which appointed such guardian, application may be made to such court for a transfer of the guardianship proceedings to the district court of the county in which the guardian and ward then reside.

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

 

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CHAPTER 193, SB 190

Senate Bill No. 190–Senator Dodge

CHAPTER 193

AN ACT fixing the minimum and maximum salary limitations for officers of Churchill County, Nevada; providing for the appointment of deputies; providing for certain travel expenses; and providing for the collection and accounting of fees; to repeal chapter 316, Statutes of Nevada 1953, as amended, relating to compensation and fees of Churchill County officers; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

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

      1.  The sheriff and ex officio license collector shall receive a salary of not less than $5,700 or more than $7,000 per annum, and his actual travel expenses in criminal cases. He shall pay to the county treasurer on or before the 5th day of each month all moneys collected by him from licenses and fees, and shall, at the same time, file with the county treasurer an itemized statement, under oath, of all such licenses and fees collected by him during the month next preceding, and also file a duplicate copy thereof with the clerk of the board of county commissioners.

      2.  The county recorder and ex officio auditor shall receive a salary of not less than $5,700 or more than $7,000 per annum. All fees authorized by law shall be collected by him and paid to the county treasurer on or before the 5th day of each month, and he shall at the same time prepare and file with the county treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month next preceding, and shall also file a duplicate copy thereof with the clerk of the board of county commissioners.


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

ê1963 Statutes of Nevada, Page 307 (Chapter 193, SB 190)ê

 

on or before the 5th day of each month, and he shall at the same time prepare and file with the county treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month next preceding, and shall also file a duplicate copy thereof with the clerk of the board of county commissioners.

      3.  The county assessor shall receive a salary of not less than $5,700 or more than $7,000 per annum.

      4.  The county clerk and ex officio clerk of the board of county commissioners and ex officio clerk of the county board of equalization and ex officio treasurer shall receive a salary of not less than $5,700 or more than $7,000 per annum.

      5.  The county commissioners shall receive a salary of not more than $2,400 per annum each.

      6.  The district attorney shall receive a salary of not less than $5,700 or more than $7,000 per annum, and shall also be allowed his actual expenses when called from the county seat in the discharge of the official duties of district attorney.

      Sec. 2.  Each of the officers designated in section 1 shall be entitled to appoint such deputies and assistants as may be authorized by the board of county commissioners for such time and at such salary as the board may specify.

      Sec. 3.  The salaries herein provided for shall be payable in 12 equal installments. The county auditor shall on the 1st day of each month draw a warrant on the salary fund in favor of each of the officers named in this act for the last preceding month, and the county treasurer shall pay the warrants out of such fund.

      Sec. 4.  Chapter 316, Statutes of Nevada 1953, at page 540, entitled “An Act concerning certain county officers in the county of Churchill, State of Nevada, fixing the salaries and compensation, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict with this act,” approved March 28, 1953, as amended, is hereby repealed.

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

 

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CHAPTER 194, SB 188

Senate Bill No. 188–Committee on Aviation, Transportation and Highways

CHAPTER 194

AN ACT to amend NRS section 37.100, relating to occupancy of property to be condemned by plaintiff prior to judgment, by allowing the State of Nevada to deposit with the clerk of the court a sum equal to the value of the property to be condemned; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 37.100 is hereby amended to read as follows:

      37.100  1.  The plaintiff may move the court or a judge thereof, at any time after the commencement of suit, on notice for such time as the court or judge may direct to the defendant, if he is a resident of the county, or has appeared in the action, otherwise by serving a notice directed to him on the clerk of the court, for an order permitting the plaintiff to occupy the premises sought to be condemned, pending the entry of judgment, and to do such work thereon as may be required for the easement, fee, or property rights sought, according to its nature.


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ê1963 Statutes of Nevada, Page 308 (Chapter 194, SB 188)ê

 

the court or judge may direct to the defendant, if he is a resident of the county, or has appeared in the action, otherwise by serving a notice directed to him on the clerk of the court, for an order permitting the plaintiff to occupy the premises sought to be condemned, pending the entry of judgment, and to do such work thereon as may be required for the easement, fee, or property rights sought, according to its nature.

      2.  The court or a judge thereof shall take proof, by affidavit or otherwise, of the value of the premises sought to be condemned and of the damages which will accrue from the condemnation, and of the reasons for requiring a speedy occupation, and shall grant or refuse the motion according to the equity of the case and the relative damages which may accrue to the parties.

      3.  If the motion is granted, the court or judge shall require the plaintiff to execute and file in court a bond to the defendant, with sureties, to be approved by the court or judge in a penal sum to be fixed by the court or judge, not less than double the value of the premises sought to be condemned and the damages which will ensue from condemnation and occupation, as the same may appear to the court or judge on the hearing, and conditioned to pay the adjudged value of the premises and all damages, in case the property is condemned, and to pay all damages arising from occupation before judgment in case the premises are not condemned, and all costs adjudged to the defendant in the action. The sureties shall justify before the court or judge, after a reasonable notice to the defendant of the time and place of justification.

      4.  In lieu of a bond the plaintiff, with the consent of the court, may deposit with the clerk of the court a sum equal to the value of the premises plus damages, as appraised by the plaintiff. Upon application of the defendant and upon notice to all parties, the court or judge may order the money deposited with the clerk of the court or any part thereof to be paid to the defendant. If the amount of the compensation awarded upon judgment is less than the sum deposited and paid to the defendant, the court shall enter judgment in favor of the plaintiff and against the defendant for the amount of the excess. Application by the defendant to the court for withdrawal of part or all of the money deposited and the payment of such money to the defendant shall not prejudice the right of the defendant to contest the amount of compensation to be finally awarded. The receipt by the defendant of a part or all of the money deposited shall be conditioned upon the waiver of all defenses except those relating to the amount of compensation.

      5.  The amount of the penal bond or the deposit shall be for the purpose of the motion only and shall not be admissible in evidence on final hearing.

      6.  The court or judge may also restrain the defendant from hindering or interfering with the occupation of the premises and the doing thereon of the work required for the easement, fee, or property rights.

      7.  The provisions of this section requiring the execution and filing of a bond shall not apply in any action or proceeding in which the State of Nevada is the plaintiff, but the public faith and credit of the State of Nevada is hereby pledged as security in lieu of the bond.


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ê1963 Statutes of Nevada, Page 309 (Chapter 194, SB 188)ê

 

State of Nevada is the plaintiff, but the public faith and credit of the State of Nevada is hereby pledged as security in lieu of the bond. The provisions of this subsection shall not be construed to prevent the State of Nevada from depositing with the clerk of the court a sum equal to the value of the premises plus damages, as provided in subsection 4, in any action or proceeding in which the State of Nevada is the plaintiff.

 

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CHAPTER 195, SB 152

Senate Bill No. 152–Senator Brown

CHAPTER 195

AN ACT to amend NRS section 81.350, relating to the procedure for formation of a nonprofit corporation for advancement of state and local interests, by deleting the provision which limits to 25 the number of trustees which such a nonprofit corporation may have.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 81.350 is hereby amended to read as follows:

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

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

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

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

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

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

      (f) Any other matter which it is provided in NRS 81.350 to 81.400, inclusive, may or should be set out in the articles of incorporation.

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

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

 

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ê1963 Statutes of Nevada, Page 310ê

 

CHAPTER 196, SB 140

Senate Bill No. 140–Committee on Judiciary

CHAPTER 196

AN ACT to amend chapter 18 of NRS, relating to costs and disbursements, by adding new sections providing procedures for filing memoranda of costs consisting of statutory fees and costs supplementary to execution and in collection of judgment, for taxing of costs upon motion of a dissatisfied party, and for a motion and order allowing costs supplementary to execution and in collection of judgment; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 18 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

      Sec. 2.  1.  A judgment creditor may claim costs for one or more of the following items:

      (a) Statutory fees for preparing or issuing an abstract of judgment.

      (b) Statutory fees for recording, receiving or filing an abstract of judgment.

      (c) Statutory fees for issuing a writ of execution, or any writ for the enforcement of any order or judgment.

      (d) Statutory fees for issuing an order of sale.

      (e) Statutory fees of sheriffs or constables in connection with serving, executing or levying any writ or making any return, or for keeping or caring for property held by virtue of such writ.

      (f) Costs or disbursements incurred in connection with any proceeding supplementary to execution which have been approved as to necessity, propriety and amount by the judge conducting the same in his order upon such proceeding.

      2.  A judgment creditor shall serve upon the adverse party either personally or by mail, and file at any time or times not more than 6 months after the items have been incurred and prior to the time the judgment is fully satisfied, a memorandum of the items of his costs and necessary disbursements, verified by him or his attorney, stating that to the best of his knowledge and belief the items are correct, and that they have been necessarily or reasonably incurred in the action or proceeding.

      3.  Any party dissatisfied with the costs claimed may, within 5 days after the service of a copy of the bill of costs, file a motion to have the same taxed by the court in which the judgment was rendered, or by the judge thereof at chambers.

      Sec. 3.  A judgment creditor claiming costs or necessary disbursements reasonably incurred in aid of the collection of a judgment or of any execution issued thereon, other than those specified in section 2 of this act, including items which have been disallowed by the judge in the supplemental proceeding, shall serve the adverse party either personally or by mail, and file, at any time or times not more than 6 months after such item has been incurred and prior to the time the judgment is fully satisfied, a notice of motion for an order allowing the same, specifying the items claimed and the amount thereof, and supported by an affidavit of the party or his attorney or agent stating that to the best of his knowledge and belief the items are correct and showing that the costs were reasonable, and the disbursements reasonably and necessarily incurred.


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ê1963 Statutes of Nevada, Page 311 (Chapter 196, SB 140)ê

 

and supported by an affidavit of the party or his attorney or agent stating that to the best of his knowledge and belief the items are correct and showing that the costs were reasonable, and the disbursements reasonably and necessarily incurred. The court or judge hearing such motion shall make such order respecting the costs or disbursements so claimed as the circumstances justify, allowing the same in whole or in part, or disallowing the same.

      Sec. 4.  Within 2 days after the costs are tried or ascertained, or after the time for making a motion to tax the same has expired, the clerk or judge shall enter the amount thereof on the margin of the judgment, and thereafter they shall be included together with the amount of the fee charged for issuance thereof in any execution issued upon such judgment.

 

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CHAPTER 197, SB 138

Senate Bill No. 138–Committee on Judiciary

CHAPTER 197

AN ACT to amend NRS section 446.050, relating to the state health officer, by defining “health officer”; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 446.050 is hereby amended to read as follows:

      446.050  “Health officer” means the state health officer [and the director of the division of public health engineering of the state department of health,] and includes any of his assistants, deputies, inspectors or any other official representative or member of the state health officer’s staff who is charged with the enforcement of this chapter.

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

 

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CHAPTER 198, SB 82

Senate Bill No. 82–Senator Dodge

CHAPTER 198

AN ACT to amend chapter 281 of NRS, relating to public offices and officers, by adding a new section exempting members of boards and commissions which regulate certain professions, occupations and businesses from the provisions of NRS sections 281.220 and 281.230, relating to conflicts of interest of public officers and employees; and by providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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:


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ê1963 Statutes of Nevada, Page 312 (Chapter 198, SB 82)ê

 

      Nothing in NRS 281.220 or 281.230 shall be construed to prohibit any member of any board or commission created by the provisions of chapters 623 to 625, inclusive, or chapters 628 to 645, inclusive, of NRS, who is engaged in the profession, occupation or business regulated by such board or commission, from contracting to supply, or supplying, in the ordinary course of his business, goods, materials or services to the state, or any agency, board, bureau, commission, department, institution, office, political subdivision or district of the state, except the board or commission of which he is a member.

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

 

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CHAPTER 199, SB 71

Senate Bill No. 71–Committee on Judiciary

CHAPTER 199

AN ACT to repeal NRS sections 82.460 to 82.510, inclusive, relating to incorporation of councils of the Boy Scouts of America; providing for organization of existing councils as nonprofit corporations; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS sections 82.460 to 82.510, inclusive, are hereby repealed.

      Sec. 2.  The Boy Scouts of America, Nevada Area Council, and all other councils organized or operated pursuant to the provisions of NRS 82.460 to 82.510, inclusive, shall be deemed to be organized under the provisions of NRS 81.290 to 81.330, inclusive, and shall, before the expiration of 6 months from the effective date of this act, file an appropriate certificate of organization with the secretary of state.

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

 

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ê1963 Statutes of Nevada, Page 313ê

 

CHAPTER 200, SB 46

Senate Bill No. 46–Committee on Judiciary

CHAPTER 200

AN ACT to repeal NRS sections 41.140, 41.150 and 41.160, relating to liability for personal injuries or death of employee or fellow servant by the wrongful act, neglect or default of a fellow servant or employer, and relating to the comparative negligence of the employer and employee, and to insurance and indemnity contracts as a defense to an action by an employee; and to preserve existing rights.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 41.140, 41.150 and 41.160 are hereby repealed.

      Sec. 2.  This act shall not affect any action commenced, or any cause of action or defense arising prior to the effective date hereof.

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

 

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CHAPTER 201, SB 10

Senate Bill No. 10–Senator Berrum

CHAPTER 201

AN ACT relating to members of the legislature who are parties or attorneys for parties to actions and proceedings in courts and before administrative bodies or witnesses therein; to amend NRS section 1.310, relating to continuances of actions or proceedings during legislative sessions if a party or an attorney for a party is a member of the legislature, by providing that the attorney shall have actually been employed prior to the commencement of such action or proceeding; to amend chapter 218 of NRS, relating to the state legislature, by adding a new section providing that subpenas issued by administrative bodies shall not command members of the legislature to appear and testify or produce tangible things during legislative sessions; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 1.310 is hereby amended to read as follows:

      1.310  1.  If a party [or an attorney for a party] to any action or proceeding in any court or before any administrative body is a member of the legislature of the State of Nevada, or is president of the senate, such fact shall be sufficient cause for the adjournment or continuance of such action or proceeding for the duration of any legislative session. [, and such adjournment or continuance shall be granted without the imposition of terms.]

      2.  If an attorney for a party to any action or proceeding in any court or before any administrative body, who was actually employed prior to the commencement of such action or proceeding, is a member of the legislature of the State of Nevada, or is president of the senate, such fact shall be sufficient cause for the adjournment or continuance of such action or proceeding for the duration of any legislative session.


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ê1963 Statutes of Nevada, Page 314 (Chapter 201, SB 10)ê

 

such fact shall be sufficient cause for the adjournment or continuance of such action or proceeding for the duration of any legislative session.

      3.  The adjournment or continuance provided for in subsections 1 and 2 shall be granted without the imposition of terms.

      Sec. 2.  Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      No subpena issued by an administrative body pursuant to law and directed to a member of the legislature of the State of Nevada, or president of the senate, as a witness shall command such member or president to attend and give testimony or produce books, papers, documents or tangible things designated therein during any legislative session.

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

 

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CHAPTER 202, AB 373

Assembly Bill No. 373–Mr. Gibson

CHAPTER 202

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

 

[Approved April 2, 1963]

 

      Whereas, Nevada’s Senators and Congressman have introduced Senate Bill No. 346 and H. R. Bill No. 2461 in the 88th Congress, which will enable the city of Henderson, Nevada, to acquire approximately 15,000 acres of land by patent from the United States; and

      Whereas, Additional or different lands may also be made available to the city by subsequent amendment and enactment of Senate Bill No. 346 and H. R. Bill No. 2461 in the 88th Congress; and

      Whereas, The best interests of the people of the city of Henderson in particular and the people of Clark County in general require that such lands be put to their maximum beneficial use when acquired; and

      Whereas, To insure maximum beneficial use of such lands it is essential that the city of Henderson be authorized to dispose of such lands from time to time; now, therefore,

 

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

do enact as follows:

 

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


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ê1963 Statutes of Nevada, Page 315 (Chapter 202, AB 373)ê

 

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

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

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

      Sec. 2.  The land authorized to be sold, leased or exchanged pursuant to section 1 consists of:

      1.  Approximately 15,000 acres in Clark County , Nevada, more particularly described as follows:

 

Township 22 South, Range 63 East, M.D.B. & M.-East one-half Section 21, Southwest Quarter Section 21, Section 27, Southwest Quarter Section 28, Sections 29, 33 and 34; Township 22 South, Range 62 East, M.D.B. & M.-Sections 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32 and 33; Township 22 South, Range 61 East, M.D.B. & M.-South one-half Section 24, Sections 25, 35 and 36; Township 23 South, Range 61 East, M.D.B. & M.-Sections 1, 2 and 3; Township 21 South, Range 63 East, M.D.B. & M.-Section 32; Township 21 South, Range 62 East, M.D.B. & M.-South one-half of the Northwest Quarter, and Southwest Quarter, and West one-half of the Southeast Quarter, and the Southeast Quarter of the Southeast Quarter, Section 34; Township 21 South, Range 62 East, M.D.B. & M.-South one-half of the Southwest Quarter, and the West one-half of the Southeast Quarter, and the Northeast Quarter of the Southwest Quarter, Section 35; and

 

      2.  Any and all additional and other lands in Clark County acquired by the city by patent from the United States as a result of any amendment of Senate Bill No. 346 and H. R. Bill No. 2461 in the 88th Congress, after the effective date of this act, which amendment authorizes the acquisition by the city of different or additional lands than those described in subsection 1 of this section.

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

 

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ê1963 Statutes of Nevada, Page 316ê

 

CHAPTER 203, AB 343

Assembly Bill No. 343–Committee on Social Welfare

CHAPTER 203

AN ACT to amend NRS sections 426.010 to 426.030, inclusive, 426.260, 426.270, 426.320, 426.340, 426.380, 426.390, 426.550, 426.560 and 426.600, relating to benefits and privileges for blind persons, by restating the purposes of the law and providing for liberal construction; providing that receipt of services shall not constitute pauperism; that a place of abode and sale proceeds thereof are considered real property; providing for the assignment of state welfare department employees whenever possible to administer aid to the blind cases; providing when aid shall be granted and the contents of applications for and payment of aid; delineating the duties of the bureau of services to the blind and the rule-making power thereof; and extending services to the blind; to amend NRS chapter 426 of NRS, relating to benefits and privileges for the blind, by adding a new section providing for payment of administrative costs; to repeal NRS 426.530, 426.540, 426.580, 426.620 and 426.730, relating to the position of field worker for the blind, programs of the bureau of services to the blind and costs of administration; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 426.010 is hereby amended to read as follows:

      426.010  The purposes of [the provisions of NRS 426.010 to 426.500, inclusive,] this chapter are:

      1.  To relieve blind persons from the distress of poverty; and

      2.  To encourage and assist blind individuals in their efforts to render themselves more self-supporting [.] ; and

      3.  To enlarge the opportunities of blind persons to obtain education, vocational training and employment.

      Sec. 2.  NRS 426.020 is hereby amended to read as follows:

      426.020  The provisions of [NRS 426.010 to 426.500, inclusive,] this chapter shall be liberally construed to effect their objects and purposes.

      Sec. 3.  NRS 426.030 is hereby amended to read as follows:

      426.030  1.  No blind person shall be deemed or designated a pauper, an indigent or a public charge because he receives aid or services under [NRS 426.010 to 426.500, inclusive,] this chapter, and no reference to pauperism, indigency or public charge shall be made on any application or other document relating to aid or services to the blind, or on any warrant drawn by the state in payment of aid or services to the blind.

      2.  [NRS 426.010 to 426.500, inclusive,] This chapter shall be construed separate and apart from any provisions of law for the aid and relief of indigents.

      3.  It is recognized that the needs of blind persons may be different from the needs of other classes of recipients of public assistance.

      Sec. 4.  NRS 426.260 is hereby amended to read as follows:

      426.260  For the purposes of NRS 426.010 to 426.500, inclusive, any place of abode of an applicant or recipient, whether house, boat, trailer, or other habitation, shall be considered real property [.]


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ê1963 Statutes of Nevada, Page 317 (Chapter 203, AB 343)ê

 

trailer, or other habitation, shall be considered real property [.] occupied by such person as a home.

      Sec. 5.  NRS 426.270 is hereby amended to read as follows:

      426.270  [Any proceeds from the conversion of real property into personal property received by an applicant or recipient of aid under NRS 426.010 to 426.500, inclusive, shall be considered real property] Proceeds from the sale of real property occupied as a home shall not affect eligibility for a period of 1 year from the time of their receipt provided such proceeds are retained for the purpose of buying a home.

      Sec. 6.  NRS 426.320 is hereby amended to read as follows:

      426.320  [1.  There may be created within the existing organization and number of personnel of the state welfare department a division for the blind devoted exclusively to carrying out the provisions of NRS 426.010 to 426.500, inclusive, and all other provisions of law relating to aid to the blind. This division may be headed by a chief, who is a trained social worker experienced in work for the blind. In selecting the chief of the division for the blind, preference shall be given to qualified blind persons. The duties of such division shall be confined to carrying out the provisions of NRS 426.010 to 426.500, inclusive. The division for the blind shall not be made a part of any other division or subdivision of the state welfare department, and the chief of the division for the blind shall be directly responsible to the director of the department.

      2.  The division for the blind shall have assigned to it from among the regular number of personnel of the state welfare department a staff to supervise the administration of aid to the blind, and all employees of the division shall be responsible to the chief of the division for the blind irrespective of their headquarters.

      3.]  In each local office of the state welfare department, one person shall be assigned additional duties to administer all aid to the blind cases [.] whenever administratively feasible.

      [4.  All personnel appointed by the state welfare department to administer the provisions of NRS 426.010 to 426.500, inclusive, shall be under the provisions of chapter 284 of NRS.]

      Sec. 7.  NRS 426.340 is hereby amended to read as follows:

      426.340  Whenever a former recipient of aid under NRS 426.010 to 426.500, inclusive, whose aid has been canceled or discontinued for any cause requests restoration of aid before the expiration of 1 year from the date of such cancellation or discontinuance, and if it is determined that he is eligible therefor, aid shall be granted to him beginning [not later than the 1st day of the month immediately following the date of such request for restoration and no new application shall be required.] as of the 1st day of the month in which request for restoration is made, provided that all factors of eligibility are met for at least a portion of that month.

      Sec. 8.  NRS 426.380 is hereby amended to read as follows:

      426.380  1.  Each applicant for aid shall file with the state welfare department an application signed by him, stating, if known:

      (a) [His age.

      (b) His sex.


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ê1963 Statutes of Nevada, Page 318 (Chapter 203, AB 343)ê

 

      (c)] Places of his residence during the preceding [5] 9 years.

      [(d)](b) His financial resources and income.

      [(e)](c) The name and address of his spouse.

      [(f)](d) The degree of his blindness.

      [(g)](e) Where and when he became blind.

      [(h) What employment and education he has had.

      (i) His general physical condition.

      (j)](f) Such other data as is necessary to establish his eligibility for aid to the blind.

      2.  The applicant’s statements in his application shall constitute prima facie evidence of the facts stated, except with respect to degree of blindness and residence.

      3.  Written statements of information herein required from applicants for or recipients of aid to the blind need not be under oath, but any person signing such statements who willfully states therein as true any material matter which he knows to be false shall be subject to penalties for perjury as provided by law.

      4.  This section shall not be interpreted to preclude an investigation by the state welfare department.

      Sec. 9.  NRS 426.390 is hereby amended to read as follows:

      426.390  1.  All applications for aid to the blind shall be acted upon promptly by the state welfare department, and the aid, if granted, shall be payable as of the 1st day of the month in which [the 30th day following the date of application occurs.

      2.  If the investigation of an application is not completed within 30 days from the date of the application, the investigation shall continue until completed, and if eligibility is established, aid shall begin as of the 1st date of the month in which the end of the 30-day period occurred.

      3.] application is made, but no payment shall be made for any month unless all factors of eligibility are met for at least a portion of that month.

      2.  The state welfare department shall immediately inform the applicant in writing of its decision, and if the aid or any part of the aid requested by the applicant is denied, such notification shall state in particular the grounds for the denial.

      Sec. 10.  NRS 426.550 is hereby amended to read as follows:

      426.550  1.  There is hereby created within the department a bureau of services to the blind, which shall be the sole agency in the state responsible for the rehabilitation of the blind.

      2.  The bureau shall be headed by a chief, who is experienced in work for the blind. Preference shall be given to qualified blind persons in filling the position of the chief of the bureau. [The duties of such bureau shall be confined to carrying out the provisions of NRS 426.540 to 426.620, inclusive.]

      3.  The bureau shall not be made a part of any other division or subdivision of the department, and the chief of the bureau of services to the blind shall be directly responsible to the director of the department.


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ê1963 Statutes of Nevada, Page 319 (Chapter 203, AB 343)ê

 

      4.  [All personnel appointed by the department to administer the provisions of NRS 426.520 to 426.620, inclusive, shall receive salaries which shall be fixed in accordance with the pay plan adopted by the state pursuant to the provisions of chapter 284 of NRS, and they shall receive subsistence and travel expense as provided by law.] The bureau shall:

      (a) Assist blind persons in achieving physical and psychological orientation, inform blind persons of available services, stimulate and assist the blind in achieving social and economic independence, and do all things which will ameliorate the condition of the blind.

      (b) Provide intensive programs of case finding, education, training, job findings and placement, physical restoration, and such other services and equipment as may assist in rendering blind persons more self-supporting and socially independent.

      Sec. 11.  NRS 426.560 is hereby amended to read as follows:

      426.560  1.  Subject to the approval of the department, the bureau shall have the power to make administrative rules and regulations to enforce the provisions of [NRS 426.540 to 426.620, inclusive, which rules and regulations shall not conflict with the provisions of NRS 426.540 to 426.620, inclusive.] this chapter related to services for the blind, which rules and regulations shall not conflict with the provisions of this chapter.

      2.  Such rules and regulations shall recognize that the needs and problems of blind persons are special to them and may differ materially from the needs and problems of other persons.

      Sec. 12.  NRS 426.600 is hereby amended to read as follows:

      426.600  No blind person [16 years of age or older] who may benefit from services authorized under NRS 426.520 to 426.620, inclusive, and who is 16 years of age or older, or who will be 16 years of age or older upon completion of such services, shall be denied such services except the services for which a determination of economic need is required by the Federal Government as a condition of reimbursement to this state.

      Sec. 13.  Chapter 426 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Costs of administration of this chapter shall be paid out on claims presented by the state welfare department in the same manner as other claims against the state are paid.

      Sec. 14.  NRS 426.530, 426.540, 426.580, 426.620 and 426.730 are hereby repealed.

      Sec. 15.  This act shall become effective upon passage and approval.

 

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ê1963 Statutes of Nevada, Page 320ê

 

CHAPTER 204, AB 307

Assembly Bill No. 307–Messrs. Young and Glaser

CHAPTER 204

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 April 2, 1963]

 

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 last amended by chapter 255, Statutes of Nevada 1961, at page 415, is hereby amended to read as follows:

      Section 1.  [1.  Until the 1st Monday in January 1963, the] 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] $8,400 per annum.

      The sheriff shall receive a salary of [not less than $6,000 nor more than $9,000] $10,000 per annum.

      The county clerk shall receive a salary of [not less than $5,400 nor more than $6,600] $8,400 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] $8,400 per annum.

      The county assessor shall receive a salary of [not less than $5,800 nor more than $7,600] $9,600 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] $8,400 per annum.

      The county commissioners of Elko County shall each receive a salary of $2,400 per annum [.] until the 1st Monday in January 1965, and a salary of $3,000 per annum on and after the 1st Monday in January 1965.

      [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.]

      Sec. 2.  This act shall become effective on January 1, 1964.

 

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ê1963 Statutes of Nevada, Page 321ê

 

CHAPTER 205, AB 255

Assembly Bill No. 255–Mr. Johnson (by request)

CHAPTER 205

AN ACT to amend NRS section 378.120, relating to charges the state librarian may collect from persons requesting copies of documents from the state library, by authorizing the state library to collect a fee not exceeding $2 for each duplicate roll made of microfilm belonging to the state library; providing for the disposition of moneys collected; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 378.120 is hereby amended to read as follows:

      378.120  1.  The state librarian is authorized to collect and receive a charge from any person who shall request any photostatic copy, or photocopy print, of any paper or document from the state library. The amount of such charge shall be set by the state librarian but shall not exceed the cost of the photographic copying process for any specific paper or document.

      2.  Where any person requests a duplicate of a roll of microfilm belonging to the state library, the state library is entitled to a fee not exceeding $2 for each duplicate made in excess of the cost of the duplicate, and shall direct the processor making the duplicate to collect such fee for the state library. The money collected from such fees shall be deposited in the state treasurer’s office and credited to the account of the state library. The receipts may be expended by the state library pursuant to the provisions of law authorizing budgeted expenditures of moneys not appropriated from the general fund by various state officers, departments, boards, agencies, commissions and institutions for specific fiscal years.

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

 

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CHAPTER 206, AB 197

Assembly Bill No. 197–Committee on Roads, Transportation and Aviation

CHAPTER 206

AN ACT to amend chapter 706 of NRS, relating to motor vehicle carriers, by adding a new section providing that applicants for or holders of mileage licenses or one-trip licenses may be required by the department of motor vehicles to obtain bonds conditioned upon payment of taxes, fees and penalties and faithful performance of the requirements of the motor vehicle carrier laws; providing for cash deposits and savings certificates deposits in lieu of bonds; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:


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ê1963 Statutes of Nevada, Page 322 (Chapter 206, AB 197)ê

 

      1.  When the department finds it necessary, or when specifically provided by this chapter, an applicant for or holder of a mileage license or one-trip license shall provide a bond executed by the applicant or holder as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada and conditioned upon the faithful performance of all the requirements of this chapter and upon the punctual payment of all fees, penalties and interest due to the State of Nevada. The total amount of the bond shall be fixed by the department, determined in such manner as the department finds appropriate, and may be increased or reduced by the department at any time subject to the limitations prescribed in this chapter, but the total amount of the bond shall not exceed $5,000.

      2.  No recovery on any bond, the execution of any new bond, or the suspension or revocation of any mileage or one-trip license shall affect the validity of any bond.

      3.  In lieu of a bond or bonds an applicant for or holder of a mileage license or one-trip license may deposit with the state treasurer, under such terms as the department may prescribe:

      (a) A like amount of lawful money of the United States, or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or

      (b) A savings certificate issued by a bank or savings and loan association in Nevada, which certificate shall indicate an amount at least equal to the amount of the bond which would otherwise be required by this section and shall state that such amount is unavailable for withdrawal except by direct and sole order of the department. Interest earned on the deposit shall accrue to the account of the applicant for or holder of the mileage license or one-trip license and not the department.

 

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CHAPTER 207, AB 166

Assembly Bill No. 166–Mr. Ames

CHAPTER 207

AN ACT to amend NRS section 281.210, relating to the prohibition of employment of relatives by officers of the state and its political subdivisions, by requiring the approval of the state department of education in an exception concerning the employment of school teachers and other employees by boards of trustees of school districts.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 281.210 is hereby amended to read as follows:

      281.210  1.  Except as provided in this section, it shall be unlawful for any individual acting as a school trustee, state, township, municipal or county official, or for any board, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, any relative of such individual or of any member of such board, within the third degree of consanguinity or affinity.


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ê1963 Statutes of Nevada, Page 323 (Chapter 207, AB 166)ê

 

      2.  This section shall not be construed to apply:

      (a) To school districts, when the teacher or other school employee so related is not related to more than one of the trustees by consanguinity or affinity and shall receive a unanimous vote of all members of the board of trustees [.] and approval by the state department of education.

      (b) To school districts, when the teacher or other school employee so related has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more prior to April 1, 1957.

      (c) To the wife of the warden of the Nevada state prison.

      (d) To relatives of blind officers and employees of the state welfare department when such relatives are employed as automobile drivers for such officers and employees.

      3.  Nothing in this section shall:

      (a) Prevent any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for any such service shall be met out of the personal funds of such officer.

      (b) Be deemed to disqualify any widow with a dependent or dependents as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.

      4.  No person employed contrary to the provisions of this section shall be entitled to or allowed compensation for such employment.

      5.  Any person violating any provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.

 

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CHAPTER 208, AB 144

Assembly Bill No. 144–Committee on State, County and City Affairs

CHAPTER 208

AN ACT to amend chapter 474 of NRS, relating to fire protection districts, by adding new sections allowing boards of county commissioners to establish fire protection districts for unincorporated areas not included in any other fire protection district; providing for the appointment of a county fire chief; providing for the financing and management of fire protection districts; and enabling other fire protection districts to be dissolved to come within the provisions of such new sections; to repeal NRS section 475.120, relating to county firewardens; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 474 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.


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ê1963 Statutes of Nevada, Page 324 (Chapter 208, AB 144)ê

 

      Sec. 2.  All territory in each county not included in any other fire district, except incorporated areas, may be organized by the board of county commissioners of the county in which such territory lies into as many fire protection districts as necessary to provide for the prevention and extinguishment of fires in the county, until such time as such territory may be included in another fire protection district formed in accordance with the provisions of chapter 473 of NRS, or NRS 474.010 to 474.120, inclusive.

      Sec. 3.  The board of county commissioners shall:

      1.  Manage and conduct the business and affairs of districts organized pursuant to the provisions of section 2 of this act.

      2.  Promulgate and enforce all regulations necessary for the administration and government of the districts and for the furnishing of fire protection.

      3.  Organize, regulate, establish and disband fire companies, departments or volunteer fire departments for the districts.

      4.  Provide for the payment of salaries to the personnel of such fire companies or fire departments.

      5.  Provide for payment from the proper fund of all the debts and just claims against the districts.

      6.  Employ agents and employees for the district sufficient to maintain and operate the property acquired for the purposes of the district.

      7.  Acquire real or personal property necessary for the purposes of the districts and dispose of the same when no longer needed.

      8.  Construct any necessary structures.

      9.  Acquire, hold and possess, either by donation or purchase, in the name of the county in behalf of the districts, any land or other property necessary for the purpose of the districts.

      10.  Eliminate and remove fire hazards from the districts wherever practicable and possible, whether on private or public premises, and to that end the board may clear the public highways, and, where permitted, private lands, of dry grass, stubble, brush, rubbish or other inflammable material in its judgment constituting a fire hazard.

      11.  Perform all other acts necessary, proper and convenient to accomplish the purposes of this act.

      Sec. 4.  1.  The board of county commissioners of each county shall plan for the prevention and extinguishment of fires in the territory of the county described by section 2 of this act, in cooperation with the state forester firewarden and the state board of forestry and fire control to coordinate the fire protection activities of the county with the fire protection provided by the state board of forestry and fire control and by federal agencies, in order that the state forester firewarden and the state board of forestry and fire control may establish a statewide plan for the prevention and control of large fires, mutual aid among the counties, training of personnel, supply, finance and other purposes to promote fire protection on a statewide basis.

      2.  Through inspection and recommendation, the state forester firewarden shall standardize the fire protection equipment and facilities of the counties to facilitate mutual aid among the counties.


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ê1963 Statutes of Nevada, Page 325 (Chapter 208, AB 144)ê

 

      Sec. 5.  The board of county commissioners shall cooperate with other agencies and counties as provided in NRS 472.040 to 472.090, inclusive, to prevent and suppress fires in wild lands, and may contribute suitable amounts of money from the sums raised as provided in section 7 of this act for such purpose to cooperating agencies, or may receive contributions from other agencies to be spent for such purpose.

      Sec. 6.  1.  The board of county commissioners may appoint a county fire chief who shall have adequate training and experience in fire control and who shall hire such employees as are authorized by the board. The county fire chief shall administer all fire control laws in the territory of the county described by section 2 of this act and perform such other duties as may be designated by the board of county commissioners and the state forester firewarden. The county fire chief shall coordinate fire protection activities in the county and shall cooperate with all other existing fire protection agencies and with the state forester firewarden for the standardization of equipment and facilities.

      2.  In lieu of or in addition to the provisions of subsection 1 of this section, the board of county commissioners may:

      (a) Provide the fire protection required by this act to the county by entering into agreements with other agencies as provided by NRS 472.060 to 472.090, inclusive, and 277.040, for the furnishing of such protection to the county; or

      (b) Support volunteer fire departments within districts organized under the provisions of this act for the furnishing of such protection to the county.

      Sec. 7.  1.  The board of county commissioners shall prepare a budget estimating the amount of money which will be needed to defray the expenses of the districts organized in accordance with section 2 of this act, and to meet unforeseen fire emergencies and determine the amount of a fire protection tax sufficient to raise such sums.

      2.  At the time of making the levy of county taxes for the year, the board of county commissioners shall levy the tax provided by subsection 1 of this section, upon all the real property, together with improvements thereon, and all telephone lines, powerlines and other public utility lines, which are defined as personal property within the provisions of NRS 361.030, in the districts. Any tax levied on interstate or intercounty telephone lines, powerlines and other public utility lines as authorized in this section shall be based upon valuations established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.

      3.  The amount of tax to be collected for the purposes of this section shall not exceed, in any 1 year, 1 percent of the value of the property described in subsection 2 of this section.

      4.  If levied, the tax shall be entered upon the assessment roll and collected in the same manner as state and county taxes.

      5.  For the purposes of this act, the county treasurer shall keep two separate funds, one to be known as the county fire protection operating fund and one to be known as the county fire emergency fund. The sums collected to defray the expenses of the districts organized pursuant to section 2 of this act shall be deposited in the county fire protection operating fund, and the sums collected to meet unforeseen emergencies shall be deposited in the county fire emergency fund.


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ê1963 Statutes of Nevada, Page 326 (Chapter 208, AB 144)ê

 

section 2 of this act shall be deposited in the county fire protection operating fund, and the sums collected to meet unforeseen emergencies shall be deposited in the county fire emergency fund. The county fire emergency fund shall be used solely for emergencies and shall not be used for regular operating expenses and shall not exceed the sum of $50,000.

      Sec. 8.  Upon dissolution of any fire protection district organized under NRS 474.040 to 474.120, inclusive, as provided by NRS 474.410 to 474.450, inclusive, the territory formerly included in such district shall be subject to the provisions of this act. Notwithstanding the provisions of NRS 474.450, the property of such dissolved fire protection district shall be retained by the board of county commissioners for use for fire protection purposes in the territory of the dissolved district.

      Sec. 9.  1.  Where 25 percent of the property owners in a fire protection district or a designated portion of a fire protection district organized as provided in chapter 473 of NRS petition the state forester firewarden to dissolve such district or to exclude the designated portion thereof and to place the territory of such district or designated portion thereof within the provisions of this act, the state forester firewarden shall determine whether or not the petition is feasible and shall notify the board of directors of the district of his decision.

      2.  Upon receipt of a notice in writing from the state forester firewarden, stating that the petition is approved, the district board of directors shall prepare a resolution describing the territory of the district or designated portion thereof, dissolving the district or excluding the designated portion therefrom and stating the reasons therefor.

      3.  Upon adoption of the resolution the board of directors shall forthwith notify the state forester firewarden of such resolution, and such district shall be dissolved or the designated portion excluded forthwith and shall come under the provisions of this act.

      4.  The state forester firewarden shall promulgate regulations for forest, watershed and brush fire control in the territory of the dissolved district or excluded portion to meet the terms of the Clarke-McNary Act, defined in NRS 473.010, and shall continue to administer this function, directly or indirectly, as he may consider in the best interest of the state.

      5.  The property and facilities of the dissolved district or excluded portion shall become the property of the county or counties in which such territory lies in a manner determined by the state forester firewarden to comply with state and federal laws and regulations.

      6.  The provisions of NRS 474.440 shall apply to any outstanding or bonded indebtedness of the district at the time of its dissolution or the exclusion of territory.

      Sec. 10.  The activities set forth under this act shall be separate and apart from other county functions except for equipment maintenance and repair.

      Sec. 11.  NRS 475.120 is hereby repealed.

 

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ê1963 Statutes of Nevada, Page 327ê

 

CHAPTER 209, AB 33

Assembly Bill No. 33–Mr. Christensen

CHAPTER 209

AN ACT to amend NRS sections 395.010, 395.040, and 395.050, relating to the education of the deaf, dumb or blind, by providing for maintenance by the state of such persons in foster homes or other residential facilities in a county which has a program for the education of the deaf, dumb or blind; and by providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 395.010 is hereby amended to read as follows:

      395.010  The superintendent of public instruction shall have the power:

      1.  To make arrangements with the governing body of any institution for the deaf, dumb or blind in any state having any such institution, for the admission, education and care of the deaf, dumb or blind of this state. [; and]

      2.  To expend moneys to provide for the support and care of any deaf, dumb or blind person in this state who meets the qualifications of NRS 395.020 by placing the deaf, dumb or blind person in a foster home or other residential facility in a county in this state having a program for the education of such persons as part of its educational structure, if the county of residence of such deaf, dumb or blind person does not have such a program.

      3.  To make all necessary contracts and agreements to carry out the provisions of this chapter.

      Sec. 2.  NRS 395.040 is hereby amended to read as follows:

      395.040  1.  Upon receipt and review of an application for benefits, the superintendent of public instruction shall make the necessary arrangements [, with the governing body of an institution for the deaf, dumb, or blind,] for the [admission,] education and care of the deaf, dumb or blind person pursuant to the provision of subsection 1 or subsection 2 of NRS 395.010.

      2.  The superintendent of public instruction shall obtain a certificate of approval from the director of the state welfare department before any deaf, dumb or blind person may be placed in any home other than the home of a person related to the deaf, dumb or blind person in the third degree of consanguinity or closer.

      Sec. 3.  NRS 395.050 is hereby amended to read as follows:

      395.050  1.  When arrangements for the [admission,] education and care of the deaf, dumb or blind person [in an institution] have been completed by the superintendent of public instruction, he shall advise the board of county commissioners to make provision, at the expense of the county, for transporting the deaf, dumb or blind person to a place designated by the superintendent of public instruction. The superintendent of public instruction shall make necessary arrangements for transporting the deaf, dumb or blind person from such designated place to the institution, foster home or other residential facility at the expense of the state.


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

ê1963 Statutes of Nevada, Page 328 (Chapter 209, AB 33)ê

 

designated place to the institution, foster home or other residential facility at the expense of the state.

      2.  The cost and expenses of maintenance of the deaf, dumb or blind person [at the institution] shall be paid by the state.

 

________

 

 

CHAPTER 210, AB 120

Assembly Bill No. 120–Mr. Christensen

CHAPTER 210

AN ACT to amend NRS section 433.240, relating to emergency temporary commitment of mentally ill persons, by providing that where a district judge is available he may order examination and temporary commitment of mentally ill persons in a hospital to be designated by him; by providing that where a district judge is not available two licensed physicians may authorize examination and temporary commitment of mentally ill persons to a hospital to be designated by them; requiring the district judge to be given notice immediately of such emergency commitments; by extending the limit on temporary commitments to 15 days; and by providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  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 their belief that the person is mentally ill and, because of his illness, is likely to injure himself or others if not immediately restrained.] 1.  Emergency temporary commitment to the hospital, or some other public or private hospital, may be made as provided in this section.

      2.  At such times as the district judge for a particular county is not available, emergency commitment of a person who suddenly becomes acutely ill mentally to the hospital, or to some other public or private hospital with the consent of the person in charge of such other hospital, may be authorized by two physicians licensed to practice medicine in the State of Nevada, who shall certify their belief that the person is mentally ill and, because of his illness, is likely to injure himself or others if not immediately restrained. If the person is committed to the hospital the superintendent shall notify the district judge immediately of such emergency commitment. If the person is committed to some other public or private hospital the person in charge of such hospital shall notify the district judge immediately of such emergency commitment.


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

ê1963 Statutes of Nevada, Page 329 (Chapter 210, AB 120)ê

 

person in charge of such hospital shall notify the district judge immediately of such emergency commitment. When the district judge is available, the district judge may authorize two physicians licensed to practice medicine in the State of Nevada to examine the person, and where they certify their belief that he is mentally ill, and, because of his illness, is likely to injure himself or others if not immediately restrained, the district judge may make an order committing the person to the hospital, or to some other public or private hospital with the consent of the person in charge of such other hospital.

      3.  All medical and hospital records of the patient shall be made available to the physicians at the time and place where the examination is to take place. Confinement shall be either at the hospital, or at some other public or private hospital with the consent of the person in charge of such other hospital, to be designated by the district judge, or if the district judge is not available, by the physicians.

      4.  The certificate or order 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 or order shall forthwith be delivered to the county clerk. No person charged with a crime shall be committed pursuant to [this subsection.] subsection 2 or 3.

      [2.]5.  Commitment under subsection [1] 2 or 3 of this section shall be for no more than [10] 15 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 or a physician certifies that in his opinion the person is mentally ill and, because of his illness, is likely to injury 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] 15th day after commitment.

      [3.]6.  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.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 330ê

 

CHAPTER 211, AB 219

Assembly Bill No. 219–Mr. Swanson

CHAPTER 211

AN ACT to amend NRS sections 645.030, 645.120, 645.190, 645.310, 645.450, 645.460, 645.630, 645.690 and 645.780 to 645.830, inclusive, which define terms and relate to the salary and qualifications of the executive secretary of the Nevada real estate commission, powers of the Nevada real estate commission, moneys received by real estate brokers and salesmen, real estate licensing generally and license fees, increasing the maximum salary of the executive secretary of the real estate commission; by providing for a reference manual; by providing for auditing trust and custodial accounts of brokers; and by amending provisions relating to examinations, license expiration, licensing and fees; to repeal NRS section 645.470, relating to salesman’s examinations; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 645.030 is hereby amended to read as follows:

      645.030  1.  Within the meaning of this chapter, a “real estate broker” is any person, copartnership, association or corporation:

      (a) Who for another and for a compensation, or who with the intention or expectation of receiving a compensation, sells, exchanges, options, purchases, rents, or leases, or negotiates [the sale, exchange, purchase, rental, or leasing of,] or offers, [or] attempts or agrees to negotiate the sale, exchange, option, purchase, rental, or [leasing] lease of, or lists or solicits prospective purchasers of, or collects or offers, attempts or agrees to collect rental for the use of, any real estate or the improvements thereon; or

      (b) [Who buys or offers to buy, sells or offers to sell, or otherwise deals in options on, real estate or the improvements thereon; or

      (c) Who collects, or offers or attempts or agrees to collect, rental for the use of real estate or the improvements thereon.

      (d)] Who engages in or offers to engage in the business of claiming, demanding, charging, receiving, collecting or contracting for the collection of an advance fee in connection with any employment undertaken to promote the sale or lease of business opportunities or real estate by advance fee listing advertising or other offerings to sell, lease, exchange or rent property.

      2.  Any person, copartnership, association or corporation who, for another and for a compensation, aids, assists, solicits or negotiates the procurement, sale, purchase, rental or lease of public lands shall be deemed to be a real estate broker within the meaning of this chapter.

      Sec. 2.  NRS 645.120 is hereby amended to read as follows:

      645.120  1.  The commission shall employ an executive secretary whose annual compensation, not to exceed [$10,000,] $10,500, shall be fixed by the commission. The executive secretary’s annual compensation shall be paid from commission funds received from regular revenue received by the commission under the provisions of this chapter.

      2.  The executive secretary shall:


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

ê1963 Statutes of Nevada, Page 331 (Chapter 211, AB 219)ê

 

      (a) Possess a broad knowledge of generally accepted real estate practice and be reasonably well informed on laws governing real estate agency contracts.

      (b) Furnish a corporate surety bond, which may be continuous in form, in an amount deemed adequate by the commission, conditioned upon the faithful performance of the duties of the office and true accounting of all funds.

      (c) Not be interested in any real estate or brokerage firm, nor shall he act as a broker or salesman or agent therefor.

      Sec. 3.  NRS 645.190 is hereby amended to read as follows:

      645.190  The commission may:

      1.  Do all things necessary and convenient for carrying into effect the provisions of this chapter.

      2.  From time to time, promulgate reasonable rules and regulations for the administration of this chapter, which rules and regulations when so promulgated by the commission shall be published in printed or mimeographed form and distributed to all licensed real estate brokers and real estate salesmen and made available to the general public upon request at any office of the commission.

      3.  Publish a reference manual or study guide for licensees or applicants for licenses, and may offer it for sale at a reasonable fee.

      Sec. 4.  NRS 645.310 is hereby amended to read as follows:

      645.310  1.  All deposits accepted by every person, copartnership, corporation or association holding a real estate broker’s license under the provisions of this chapter, which deposits are retained by such real estate broker pending consummation or termination of the transaction involved, shall be accounted for in the full amount thereof at the time of the consummation or termination.

      2.  Every real estate salesman, promptly on receipt by him of a deposit on any transaction in which he is engaged on behalf of his broker-employer, shall pay over the deposit to the real estate broker.

      3.  A real estate broker shall not commingle the money or other property of his principal with his own.

      4.  Every real estate broker who does not immediately place all funds entrusted to him by his principal or others in a mutual escrow depository or in the hands of principals shall immediately deposit such moneys of whatever kind or nature belonging to others in a separate custodial or trust fund account maintained by the real estate broker with some bank or recognized depository until the transaction involved is consummated or terminated, at which time the real estate broker shall account for the full amount received; but a real estate broker in his discretion may pay to any seller or the seller’s authorized agent the whole or any portion of such special deposit. Such real estate broker shall, nevertheless, be held personally responsible and liable for such deposit at all times. Under no circumstances shall a real estate broker permit any advance payment of funds belonging to others to be deposited in the real estate broker’s business or personal account or to be commingled with any funds he may have on deposit.


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

ê1963 Statutes of Nevada, Page 332 (Chapter 211, AB 219)ê

 

      5.  Every real estate broker required to maintain such a separate custodial or trust fund account shall keep records of all funds deposited therein, which records shall indicate clearly the date and from whom he received money, the date deposited, the dates of withdrawals, and other pertinent information concerning the transaction, and shall show clearly for whose account the money is deposited and to whom the money belongs. All such records and funds shall be subject to inspection and audit by the commission and its authorized representatives. All such separate custodial or trust fund accounts shall designate the real estate broker as trustee and all such accounts must provide for withdrawal of funds without previous notice.

      Sec. 5.  NRS 645.450 is hereby amended to read as follows:

      645.450  Examinations for licenses shall be held by the commission at least [four times] twice a year, on the [1st Monday of February, May, August and November] 2nd Monday of March and September of each year.

      Sec. 6.  NRS 645.460 is hereby amended to read as follows:

      645.460  In addition to the proof of honesty, truthfulness and good reputation required of any applicant for a real estate license, the commission shall ascertain by written examination that the applicant [for a real estate broker’s license has the following qualifications:

      1.  Appropriate knowledge of the English language, including reading, writing and spelling, and of elementary arithmetic.

      2.  A fair understanding of the rudimentary principles of real estate conveyancing, the general purpose and legal effect of deeds, mortgages, land contracts of sale, and leases, and of the elementary principal of land economics and appraisals.

      3.  A general and fair understanding of the obligations between principal and agent, of the principles of real estate practice, and the canons of business ethics pertaining thereto, as well as of the provisions of this chapter.] has an appropriate knowledge and understanding of the following:

      1.  The English language, including reading, writing and spelling.

      2.  Arithmetic.

      3.  The principles of real estate conveyancing, including the general purposes and effect of deeds, mortgages, deeds of trust, land contracts of sale and leases, and of land economics and appraisals.

      4.  The rights and obligations of principal and agent.

      5.  The principles of real estate practice and the canons of business ethics pertaining thereto.

      6.  The provisions of this chapter and the rules and regulations promulgated thereunder.

      Sec. 7.  NRS 645.630 is hereby amended to read as follows:

      645.630  The commission shall have the power to suspend or to revoke any license issued under the provisions of this chapter at any time where the licensee has, by false or fraudulent representation, obtained a license, or where the licensee in performing or attempting to perform any of the acts mentioned in this section is deemed to be guilty of:

      1.  Making any substantial misrepresentation.


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

ê1963 Statutes of Nevada, Page 333 (Chapter 211, AB 219)ê

 

      2.  Making any false promises of a character likely to influence, persuade or induce.

      3.  Pursuing a continued and flagrant course of misrepresentation, or making of false promises through agents or salesmen or advertising or otherwise.

      4.  Acting for more than one party in a transaction without the knowledge of all parties for whom he acts.

      5.  Accepting a commission or valuable consideration as a real estate salesman for the performance of any of the acts specified in this chapter from any person except his employer, who must be a licensed real estate broker.

      6.  Representing or attempting to represent a real estate broker other than the employer, without the express knowledge and consent of the employer.

      7.  Failing, within a reasonable time, to account for or to remit any moneys coming into his possession which belong to others.

      8.  Willfully using the term “realtor” or any other trade name or insignia of membership in any real estate organization of which the licensee is not a member, without the legal right so to do.

      9.  Disregarding or violating any of the provisions of this chapter [.] or of any rule or regulation promulgated thereunder.

      10.  Paying or receiving any rebate, profit, compensation or commission in violation of this chapter.

      11.  Inducing any party to a contract, sale or lease to break such contract for the purpose of substituting in lieu thereof a new contract with the same principal or a different principal, where such substitution is motivated by the personal gain of the licensee.

      12.  Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses, and has been convicted thereof in a court of competent jurisdiction of this or any other state.

      13.  Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.

      14.  Negligence, or failure to disclose or to ascertain and disclose to any person with whom such licensee is dealing, any material fact, data or information concerning or relating to the property with which such licensee is dealing, which such licensee knew.

      15.  The practice of claiming, demanding or receiving a fee, compensation or commission under any exclusive agreement authorizing or employing a licensee to sell, buy or exchange real estate for compensation or commission where such agreement does not contain a definite, specified date of final and complete termination.

      16.  The claiming or taking by a licensee of any secret or undisclosed amount of compensation, commission or profit or the failure of a licensee to reveal to the employer of such licensee the full amount of such licensee’s compensation, commission or profit under any agreement authorizing or employing such licensee to sell, buy or exchange real estate for compensation or commission prior to or coincident with the signing of such agreement evidencing the meeting of the minds of the contracting parties, regardless of the form of such agreement, whether evidenced by documents in an escrow or by any other or different procedure.


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

ê1963 Statutes of Nevada, Page 334 (Chapter 211, AB 219)ê

 

the contracting parties, regardless of the form of such agreement, whether evidenced by documents in an escrow or by any other or different procedure.

      17.  The use by a licensee of any provision allowing the licensee an option to purchase in an agreement authorizing or employing such licensee to sell, buy or exchange real estate for compensation or commission, except when such licensee, prior to or coincident with election to exercise such option to purchase, reveals in writing to the employer the full amount of licensee’s profit and obtains the written consent of the employer approving the amount of such profit.

      18.  Being unworthy or incompetent to act as a real estate broker or salesman in such manner as to safeguard the interests of the public.

      19.  Any other conduct, whether of the same or a different character from that hereinabove specified, which constitutes improper, fraudulent or dishonest dealing.

      Sec. 8.  NRS 645.690 is hereby amended to read as follows:

      645.690  1.  The hearing on the charges shall be at such time and place as the commission shall prescribe. The hearing may be held by the commission or a majority thereof, and the hearing shall be held, if the licensee so requests in writing, within the county where the licensee’s principal place of business is situated.

      2.  At the hearing the licensee shall be entitled:

      (a) To examine, either in person or by counsel, any and all persons complaining against him, as well as all other witnesses whose testimony is relied upon to substantiate the charge made.

      (b) To present such evidence, written and oral, as he may see fit, and as may be pertinent to the inquiry.

      3.  At the hearing, all witnesses shall be duly sworn by the commission, or any member thereof, and a stenographic [notes] transcript of the proceedings shall be [taken] made and filed as part of the record in the case. Any party to the proceedings desiring it shall be furnished with a copy of such [stenographic notes] transcript upon payment to the commission of such fee as it shall prescribe by general rule or regulation, not exceeding 25 cents per folio.

      Sec. 9.  NRS 645.780 is hereby amended to read as follows:

      645.780  1.  All licenses issued under the provisions of this chapter [shall expire on December 31 of each year at 12 p.m.] prior to July 1, 1963, and in effect on June 30, 1963, shall expire on December 31, 1963, at 12 p.m.

      2.  All licenses issued under the provisions of this chapter on and after July 1, 1963, shall expire on June 30 of each year at 12 p.m.

      Sec. 10.  NRS 645.790 is hereby amended to read as follows:

      645.790  An original real estate broker’s license referred to in this chapter is a license issued to an applicant therefor who had no such real estate broker’s license unrevoked and unsuspended on December 31, 1963, and thereafter on June 30 of the fiscal year prior to the fiscal year for which the license is issued.

      Sec. 11.  NRS 645.800 is hereby amended to read as follows:


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

ê1963 Statutes of Nevada, Page 335 (Chapter 211, AB 219)ê

 

      645.800  A renewal real estate broker’s license referred to in this chapter is a license issued to an applicant therefor who had a real estate broker’s license unrevoked and unsuspended on December 31, 1963, and thereafter on June 30 of the fiscal year prior to the fiscal year for which the license is issued.

      Sec. 12.  NRS 645.810 is hereby amended to read as follows:

      645.810  An original real estate salesman’s license referred to in this chapter is a license issued to an applicant therefor who had no such real estate salesman’s license unrevoked and unsuspended on December 31, 1963, and thereafter on June 30 of the fiscal year prior to the fiscal year for which the license is issued.

      Sec. 13.  NRS 645.820 is hereby amended to read as follows:

      645.820  A renewal real estate salesman’s license referred to in this chapter is a license issued to an applicant therefor who had a real estate salesman’s license unrevoked and unsuspended on December 31, 1963, and thereafter on June 30 of the fiscal year prior to the fiscal year for which the license is issued.

      Sec. 14.  NRS 645.830 is hereby amended to read as follows:

      645.830  The following fees shall be charged by and paid to the commission:

 

For each section of a real estate broker’s examination................ [$3]    $5

For each original real estate broker’s, broker-salesman’s or corporate officer’s license..................................................................................     40

For each renewal real estate broker’s, broker-salesman’s or corporate officer’s license, on and after July 1, 1964, for 1 year or fraction thereof..............................................................................................................     40

[For each license as a real estate broker issued to a member of a copartnership, association or officer of a corporation, other than the member of the copartnership, association or officer of the corporation named in the license issued to such copartnership, association or corporation.........................................................................................     40

For each annual renewal thereof...............................................    40]

For each section of a real estate salesman’s examination........... [ 3]      5

For each original real estate salesman’s license......................... [20]    25

For each renewal real estate salesman’s license, on and after July 1, 1964, for 1 year or fraction thereof..................................................... [20]    25

For each branch office broker’s license, for 1 year or fraction thereof     ............................................................................................................ 25

For each change of name or address............................................. [ 3]    10

For each transfer of real estate salesman’s license on change of employer  [ 3]...................................................................................................... 10

For each duplicate license or pocket card where the original license or pocket card is lost or destroyed, and affidavit made thereof [ 5]   10

For each reinstatement of a real estate broker’s or salesman’s license [ 3] 10 For each reinstatement of a real estate broker’s or salesman’s license when a licensee fails to give written notice to the commission within 30 days of a change of name, address or broker-employer................. [$10] $20

 


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

ê1963 Statutes of Nevada, Page 336 (Chapter 211, AB 219)ê

 

For each reinstatement of a real estate broker’s or salesman’s license when a licensee fails to give written notice to the commission within 30 days of a change of name, address or broker-employer............... [$10] $20

For each change of status from broker to broker-salesman, or the reverse   [ 3]...................................................................................................... 10

 

      Sec. 15.  NRS 645.470 is hereby repealed.

      Sec. 16.  Renewal real estate broker’s, broker-salesman’s, corporate officer’s and real estate salesman’s licenses shall be issued for the period from January 1, 1964, through June 30, 1964. The cost of such licenses shall be half the yearly cost of a renewal of any such license.

 

________

 

 

CHAPTER 212, AB 409

Assembly Bill No. 409–Committee on State, County and City Affairs

CHAPTER 212

AN ACT to amend NRS sections 269.276, 269.278, 269.286, 269.288 and 269.308, relating to public improvements in unincorporated towns, the payment of expenses of such improvements by funds or special assessments and by the town, notices of hearings and special assessments and limitations of costs to property owners, by permitting unincorporated towns to spread assessments throughout a district for the cost of improving intersections; permitting unincorporated towns to levy assessments against public property when the consent of the public body is obtained; making a legislative determination of what constitutes adequate mailed notice, and permitting unincorporated towns to levy assessments up to the reasonable market value of the property; providing that the amendment of NRS sections 269.276, 269.278 and 269.288 shall expire by limitation on December 31, 1963, and that such sections shall then revert to substantially the same language contained therein prior to their amendment; validating, ratifying and approving all action taken by any unincorporated town preliminary to and in the levy of special assessments and preliminary to and in the issuance of special assessment bonds; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 269.276 is hereby amended to read as follows:

      269.276  Such part of the expenses of making any public improvement, such as constructing sanitary, storm, or other sewers, or laying pavement, constructing sidewalks, curbs and gutters, installing street lights, or in any way improving streets and alleys, including but not necessarily limited to the expenses of so improving any interior squares or spaces formed by the intersections of streets or alleys, or streets or alleys, in any unincorporated town in this state, as the board of county commissioners, acting as the town board for any such unincorporated town within its county, 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 board 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 board may be benefited by the improvement.


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

ê1963 Statutes of Nevada, Page 337 (Chapter 212, AB 409)ê

 

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 board may be benefited by the improvement.

      Sec. 2.  NRS 269.278 is hereby amended to read as follows:

      269.278  1.  When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the town or public grounds not taxable, abutting on such improvements, such part of the expenses of such improvements as, in the opinion of the board, would be justly apportionable to such public grounds and town property [, and to any interior squares or spaces formed by the intersections of streets where the abutting property is taxable,] shall be paid from the general fund or from the proper street or district street fund, or partly from each, as the board shall determine to be just; and the balance of such expense shall be assessed upon the taxable lots and premises abutting upon such improvement or improved streets in proportion to their number of feet frontage, or, if the special assessment shall include other lands not abutting upon the improvement, then upon all the land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement [.] ; provided that such part of the expenses justly apportionable to such public grounds and town property may be assessed to such public grounds and town property with the consent of the town or public body.

      2.  When assessment is to be made upon the lots and premises in proportion to frontage, if, from the shape or size of any lot, the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the board may assess such lots for such number of feet frontage as in its opinion would be just.

      Sec. 3.  NRS 269.286 is hereby amended to read as follows:

      269.286  1.  Before ordering any of the public improvements, any part of the expense of which is to be defrayed by special assessment, the board shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and shall file such plats and diagrams with the county clerk for public examination. The board shall give notice thereof and of the proposed improvements, or work, of the location of the improvements, and, if assessments are to be according to benefits, of the district to be assessed, or, if assessments are to be by feet frontage, such notice shall state that abutting property is to be assessed according to frontage.

      2.  Such notice shall be given by publication once a week for 2 consecutive weeks in some newspaper published in the county and of general circulation in the town, by posting notices of the same, in at least one public place in the town, and in addition by posting notices in three public places near the site of the proposed work. Notice of the hearing shall also be given by first class mail, postage prepaid, deposited in the United States mails at least 10 days prior to the hearing, the notice to be addressed to each last-known owner of land to be assessed for the cost of the improvements, at his or her last-known address, such addresses and owners being those appearing on the real property assessment rolls for general (ad valorem) taxes of the county, and from any other sources as the county clerk may deem reliable.


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

ê1963 Statutes of Nevada, Page 338 (Chapter 212, AB 409)ê

 

cost of the improvements, at his or her last-known address, such addresses and owners being those appearing on the real property assessment rolls for general (ad valorem) taxes of the county, and from any other sources as the county clerk may deem reliable. Proof of such mailing shall be made by affidavit of the county clerk filed in the records of the town. The failure of any owner of such real property to receive such mailed notice or to see such published or posted notice shall not invalidate any assessment thereagainst.

      3.  The notices shall state the time when and the place where the board will meet in the town to consider any suggestions and objections that may be made by parties in interest to the proposed improvements.

      4.  Unless the owners of more than one-half of the frontage to be assessed shall file written objections thereto, such improvement or work shall be ordered and the notice shall so specify.

      Sec. 4.  NRS 269.288 is hereby amended to read as follows:

      269.288  1.  The cost and expense of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, assessments, and cost of construction.

      2.  In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed the reasonable market value of such lot or premises as [shown upon the latest tax list or assessment roll for state and county taxation.] may be determined by the board. Any cost exceeding the reasonable market value of such lot or premises which would otherwise be chargeable upon such lot or premises shall be paid from the general funds of the town.

      3.  The board shall provide that the fees and compensation properly charged in the work of making any special assessment shall be included as part of such assessment.

      Sec. 5.  NRS 269.308 is hereby amended to read as follows:

      269.308  1.  Upon receiving the report mentioned in NRS 269.306, the assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him, the whole amount or amounts of all charges so directed as aforesaid to be levied upon each of such lots or premises respectively, and when completed he shall report the assessment roll to the board.

      2.  When any special assessment shall be reported by the assessor to the board, as in this section directed, the same shall be filed in the office of the county clerk and numbered.

      3.  Before adopting the assessment, the board shall cause notice to be published in a newspaper published in the county and of general circulation in the town, once a week for 2 consecutive weeks, after the filing of the same with the county clerk, and appointing a time when the board and assessor will meet to review the assessments. Notice of the hearing shall also be given by first class mail, postage prepaid, deposited in the United States mails at least 10 days prior to the hearing, the notice to be addressed to each last-known owner of land to be assessed for the cost of the improvements, at his or her last-known address, such addresses and owners being those appearing on the real property assessment rolls for general (ad valorem) taxes of the county, and from any other sources as the county clerk may deem reliable.


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

ê1963 Statutes of Nevada, Page 339 (Chapter 212, AB 409)ê

 

other sources as the county clerk may deem reliable. Proof of such mailing shall be made by affidavit of the county clerk filed in the records of the town. The failure of any owner of such real property to receive such mailed notice or to see such published or posted notice shall not invalidate any assessment thereagainst.

      4.  Any person objecting to the assessment may file his objection thereto with the county clerk.

      5.  The notice provided for in this section may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:

 

NOTICE OF SPECIAL ASSESSMENT

      To (insert the names of persons against whom the assessment appears) and to all persons interested, take notice:

      That the roll of special assessment heretofore made by the assessor for the purpose of defraying that part of the costs which the Board of County Commissioners of..................................County, Nevada, acting as town board of the unincorporated town of......................................, decided should be paid and borne by special assessment for (describe the improvement) in such town is now on file at my office for public inspection. Notice is hereby given that the board and the county assessor will meet at.................................in such town on (insert the date fixed upon) to review the assessment, at which time and place opportunity will be given all persons interested to be heard.

      Date.........................................................

                                            ................................................................................. , County Clerk.

      Sec. 6.  NRS 269.276 is hereby amended to read as follows:

      269.276  Such part of the expenses of making any public improvement, such as constructing sanitary, storm, or other sewers, or laying pavement, constructing sidewalks, curbs and gutters, installing street lights, or in any way improving streets and alleys [, including but not necessarily limited to the expenses of so improving any interior squares or spaces formed by the intersections of streets or alleys, or streets or alleys,] in any unincorporated town in this state, as the board of county commissioners, acting as the town board for any such unincorporated town within its county, 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 board 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 board may be benefited by the improvement.

      Sec. 7.  NRS 269.278 is hereby amended to read as follows:

      269.278  1.  When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the town or public grounds not taxable, abutting on such improvements, such part of the expenses of such improvements as, in the opinion of the board, would be justly apportionable to such public grounds and town property, and to any interior squares or spaces formed by the intersections of streets where the abutting property is taxable, shall be paid from the general fund or from the proper street or district street fund, or partly from each, as the board shall determine to be just; and the balance of such expense shall be assessed upon the taxable lots and premises abutting upon such improvement or improved streets in proportion to their number of feet frontage, or, if the special assessment shall include other lands not abutting upon the improvement, then upon all the land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement.


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

ê1963 Statutes of Nevada, Page 340 (Chapter 212, AB 409)ê

 

where the abutting property is taxable, shall be paid from the general fund or from the proper street or district street fund, or partly from each, as the board shall determine to be just; and the balance of such expense shall be assessed upon the taxable lots and premises abutting upon such improvement or improved streets in proportion to their number of feet frontage, or, if the special assessment shall include other lands not abutting upon the improvement, then upon all the land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement. [; provided that such part of the expenses justly apportionable to such public grounds and town property may be assessed to such public grounds and town property with the consent of the town or public body.]

      2.  When assessment is to be made upon the lots and premises in proportion to frontage, if, from the shape or size of any lot, the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the board may assess such lots for such number of feet frontage as in its opinion would be just.

      Sec. 8.  NRS 269.288 is hereby amended to read as follows:

      269.288  1.  The cost and expense of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, assessments, and cost of construction.

      2.  In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed the [reasonable market] value of such lot or premises as [may be determined by the board.] shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding the [reasonable market] value of such lot or premises which would otherwise be chargeable upon such lot or premises shall be paid from the general funds of the town.

      3.  The board shall provide that the fees and compensation properly charged in the work of making any special assessment shall be included as part of such assessment.

      Sec. 9.  All action heretofore taken by the board of any unincorporated town, taken preliminary to and in the levy of special assessments, or taken preliminary to and in the issuance, sale, execution and delivery of special assessment bonds, is hereby validated and ratified. This provision shall also apply to any action taken in any issue undelivered or incomplete at the date of the adoption of this provision. The validation and ratification shall be notwithstanding any lack of power, authority or otherwise, other than constitutional, of any municipality or the governing board or officers thereof or of the officers or officials purporting to authorize or issue the bonds or to sell, execute and deliver them, and notwithstanding any difficulties and irregularities other than constitutional, in the proceedings or in the sale, execution and delivery, and the bonds upon their execution and delivery will and shall be legal and enforcible obligations of the municipality.

      Sec. 10.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 11.  If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.


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

ê1963 Statutes of Nevada, Page 341 (Chapter 212, AB 409)ê

 

shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.

      Sec. 12.  1.  Sections 1, 2, 3, 4 and 5 of this act shall become effective upon passage and approval of this act and sections 1, 2 and 4 of this act shall expire by limitation at 12 m. on December 31, 1963.

      2.  Sections 6, 7 and 8 of this act shall become effective at 12 m. on December 31, 1963.

      3.  Sections 9, 10 and 11 of this act shall become effective upon the passage and approval of this act.

 

________

 

 

CHAPTER 213, SB 27

Senate Bill No. 27–Committee on Public Health

CHAPTER 213

AN ACT to amend chapter 454 of NRS, relating to poisons, by adding new sections regulating the delivery, possession and use of dangerous drugs; defining terms; and providing penalties; to amend NRS section 453.020, which defines terms in the Uniform Narcotic Drug Act, by deleting the definition of “barbiturates”; and by deleting the word “barbiturates” from the definition of the term “narcotic drugs”; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 454 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 29, inclusive, of this act.

      Sec. 2.  Definitions of words and terms in sections 3 to 14, inclusive, apply to sections 2 to 29, inclusive, only.

      Sec. 3.  “Administer” means the furnishing by a physician and surgeon, dentist, chiropodist or veterinarian to his patient of such amount of drugs or medicines referred to in sections 2 to 29, inclusive, as are necessary for the immediate needs of the patient.

      Sec. 4.  “Authorized officers of the law” means legally empowered peace officers, including inspectors of the board.

      Sec. 5.  “Board” means the state board of pharmacy.

      Sec. 6.  “Dangerous drug” means any drug unsafe for self-medication, except preparations of drugs defined in subsections 5, 6, 8 and 9 of this section, designed for the purpose of feeding or treating animals (other than man) or poultry, and so labeled, and includes the following:

      1.  Any hypnotic drug.  “Hypnotic drug” includes acetyluria derivatives, barbituric acid derivatives, chloral, paraldehyde, sulfomethane derivatives, or any compounds or mixtures or preparations that may be used for producing hypnotic effects.

      2.  Aminopyrine, or compounds or mixtures thereof.


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

ê1963 Statutes of Nevada, Page 342 (Chapter 213, SB 27)ê

 

      3.  Amphetamine, desoxyephedrine, or compounds or mixtures thereof, except preparations for use in the nose and unfit for internal use.

      4.  Cinchophen, neocinchophen, or compounds or mixtures thereof.

      5.  Diethyl-stilbestrol, or compounds or mixtures thereof.

      6.  Ergot, cotton root, or their contained or derived active compounds or mixtures thereof.

      7.  Oils of croton, rue, savin or tansy or their contained or derived compounds or mixtures thereof.

      8.  Sulfanilamide or substituted sulfanilamides, or compounds or mixtures thereof, except preparations for topical application only containing not more than 5 percent strength.

      9.  Thyroid and its contained or derived active compounds or mixtures thereof.

      10.  Phenylhydantoin derivatives.

      11.  Any drug which bears the legend: “Caution: Federal law prohibits dispensing without prescription.”

      12.  Hypnotic drugs when combined and compounded with nonhypnotic drugs.

      Sec. 7.  “Dispense” means the furnishing of the medicines referred to in sections 2 to 29, inclusive, upon the legal prescription from a a physician, dentist, chiropodist or veterinarian.

      Sec. 8.  “Furnish” means to supply by any means, by sale or otherwise.

      Sec. 9.  “Laboratory” means a research, teaching or testing laboratory not engaged in the sale of drugs but using dangerous drugs for scientific or teaching purposes.

      Sec. 10.  “Manufacturer” means a person who derives, produces or prepares drugs.

      Sec. 11.  “Pharmacy” means a pharmacy licensed under the provisions of chapter 639 of NRS.

      Sec. 12.  “Physician,” “dentist,” “chiropodist,” “veterinarian” and “pharmacist” means persons authorized by a currently valid and unrevoked license to practice their respective professions in this state.

      Sec. 13.  “Prescription” means an order given individually for the person for whom prescribed, directly from the prescriber to the furnisher or indirectly by means of an order signed by the prescriber, and shall bear the name and address of the prescriber, his license classification, the name and address of the patient, the name and quantity of the drug or drugs prescribed, directions for use and the date of issue.

      Sec. 14.  “Wholesaler” means a person who supplies drugs that he himself has not derived, produced or prepared, on sales orders for resale but not on prescriptions.

      Sec. 15.  1.  No person shall furnish any dangerous drug except upon the prescription of a physician, dentist, chiropodist or veterinarian.

      2.  The provisions of this section do not apply to the furnishing of any dangerous drug by a manufacturer or wholesaler or pharmacy to each other or to a physician, dentist, chiropodist or veterinarian or to a laboratory under sales and purchase records that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity.


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

ê1963 Statutes of Nevada, Page 343 (Chapter 213, SB 27)ê

 

date, the names and addresses of the supplier and the buyer, the drug and its quantity.

      Sec. 16.  No person shall dispense any dangerous drug upon prescription except in a container correctly labeled with:

      1.  The date;

      2.  The name and address and prescription number of the furnisher;

      3.  The names of the prescriber and of the person for whom prescribed; and

      4.  The directions for use given by the prescriber.

      Sec. 17.  No prescription for any dangerous drug may be refilled except upon authorization of the prescriber, which may be given orally or at the time of giving the original prescription.

      Sec. 18.  1.  Every laboratory, manufacturer and wholesaler doing business in the State of Nevada shall be registered with the board.

      2.  Each laboratory shall keep purchase records.

      3.  Each manufacturer shall keep purchase and use records and sales records.

      4.  Each wholesaler shall keep purchase and sales records.

      Sec. 19.  All stock of any dangerous drug of a manufacturer, wholesaler, pharmacy, physician, dentist, chiropodist, veterinarian or laboratory shall be at all times, during business hours, open to inspection by agents, assistants and inspectors of the board.

      Sec. 20.  All records of manufacture and of sale or disposition of dangerous drugs shall be at all times, during business hours, open to inspection by authorized officers of the law, and shall be preserved for at least 3 years from the date of making.

      Sec. 21.  All agents, assistants and inspectors of the board, while investigating violations of sections 2 to 29, inclusive, in performance of their official duties, and any person working under their immediate direction, supervision or instruction are immune from prosecution under sections 2 to 29, inclusive.

      Sec. 22.  1.  Every person who violates any provision of sections 2 to 29, inclusive, by use of a minor as an agent or by unlawfully furnishing any dangerous drug to a minor is guilty of a felony.

      2.  Nothing contained in this section shall apply to a registered pharmacist furnishing such drugs pursuant to a prescription.

      Sec. 23.  Every person who forges or increases the quantity of dangerous drugs in any prescription or who issues a prescription bearing a forged or fictitious signature for any dangerous drug, or who obtains any dangerous drug by any forged, fictitious or altered prescription, or who has in possession any dangerous drug secured by such forged, fictitious or altered prescription, shall for the first offense be punished by a fine of not less than $100 and not more than $500, and for each subsequent offense shall be imprisoned in the county jail for not less than 6 months nor more than 1 year.

      Sec. 24.  Except as provided in sections 22 and 23, every person who violates any provision of sections 2 to 29, inclusive, is guilty of a misdemeanor.

      Sec. 25.  A conviction of the violation of any of the provisions of sections 2 to 29, inclusive, shall constitute grounds for the suspension or revocation of any license issued to such person under any of the provisions of chapters 630, 631, 633, 635, 638 or 639 of NRS.


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

ê1963 Statutes of Nevada, Page 344 (Chapter 213, SB 27)ê

 

sections 2 to 29, inclusive, shall constitute grounds for the suspension or revocation of any license issued to such person under any of the provisions of chapters 630, 631, 633, 635, 638 or 639 of NRS.

      Sec. 26.  The board shall administer and enforce sections 2 to 29, inclusive.

      Sec. 27.  1.  If the board, after a hearing following notice to persons who have filed written requests therefor with the board, finds any drug to be dangerous to the public health or safety, it may make other rules, not inconsistent with sections 2 to 29, inclusive, limiting or restricting the furnishing of such drug.

      2.  A violation of any such rule shall be punished in the same manner as is provided in sections 22 and 24.

      Sec. 28.  Notice of the adoption of further rules by the board shall be given to interested persons. No person shall be subject to any prosecution for violating such rules until the board has given public notice of the adoption of such rules.

      Sec. 29.  Upon request, the board shall furnish any person with a copy of the laws or regulations relating to dangerous drugs, the furnishing or possession of which is restricted by sections 2 to 29, inclusive, or by further rules of the board.

      Sec. 30.  NRS 453.020 is hereby amended to read as follows:

      453.020  The following words and phrases, as used in NRS 453.010 to 453.240, inclusive, shall have the following meanings, unless the context otherwise requires:

      1.  “Apothecary” means a licensed pharmacist as defined by the laws of this state and, where the context so requires, the owner of a store or other place of business where narcotic drugs are compounded or dispensed by a licensed pharmacist; but nothing in NRS 453.010 to 453.240, inclusive, shall be construed as conferring on a person who is not registered nor licensed as a pharmacist any authority, right, or privilege that is not granted to him by the pharmacy laws of this state.

      2.  [“Barbiturates” means any salt of barbituric acid and shall include, but without limitation, the following substances:

      (a) Verinal;

      (b) Barbital;

      (c) Amytal; and

      (d) Luminal.

      3.]  “Cannabis” includes all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.


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

ê1963 Statutes of Nevada, Page 345 (Chapter 213, SB 27)ê

 

      [4.]3.  “Coca leaves” includes cocaine and any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine, ecgonine, or substances from which cocaine or ecgonine may be synthesized or made.

      [5.]4.  “Dentist” means a person authorized by law to practice dentistry in this state.

      [6.]5.  “Dispense” includes distribute, leave with, give away, dispose of, or deliver.

      [7.]6.  “Federal narcotic laws” means the laws of the United States relating to opium, coca leaves, and other narcotic drugs.

      [8.]7.  “Hospital” means an institution for the care and treatment of the sick and injured, approved by the state board of pharmacy as proper to be entrusted with the custody of narcotic drugs and the professional use of narcotic drugs under the direction of a physician, dentist, or veterinarian.

      [9.]8.  “Laboratory” means a laboratory approved by the state board of pharmacy as proper to be entrusted with the custody of narcotic drugs and the use of narcotic drugs for scientific and medical purposes and for purposes of instruction.

      [10.]9.  “Manufacturer” means a person who by compounding, mixing, cultivating, growing, or other process, produces or prepares narcotic drugs, but does not include an apothecary who compounds narcotic drugs to be sold or dispensed on prescription.

      [11.]10.  “Narcotic drugs” means coca leaves, opium, isonipecaine, cannabis, [barbiturates,] and every other substance neither chemically nor physically distinguishable from them, and any other drugs to which the federal laws relating to narcotic drugs may now apply, or may hereafter apply.

      [12.]11.  “Official written order” means an order written on a form provided for that purpose by the United States Commissioner of Narcotics, under any laws of the United States making provision therefor, if such order forms are authorized and required by federal law, and if no such order form is provided, then on an official form provided for that purpose by the state board of pharmacy.

      [13.]12.  “Opium” includes morphine, codeine, and heroin, and any compound, manufacture, salt, derivative, mixture, or preparation of opium, but does not include apomorphine or any of its salts.

      [14.]13.  “Person” includes any corporation, association, copartnership, or one or more individuals.

      [15.]14.  “Physician” means a person authorized by law to practice medicine in this state, and any other person authorized by law to treat sick and injured human beings in this state, and to use narcotic drugs in connection with such treatment.

      [16.]15.  “Registry number” means the number assigned to each person registered under the federal narcotic laws.

      [17.]16.  “Sale” includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee.


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

ê1963 Statutes of Nevada, Page 346 (Chapter 213, SB 27)ê

 

      [18.]17.  “Veterinarian” means a person authorized by law to practice veterinary medicine in this state.

      [19.]18.  “Wholesaler” means a person who supplies narcotic drugs that he himself has not produced nor prepared, on official written orders, but not on prescriptions.

 

________

 

 

CHAPTER 214, SB 100

Senate Bill No. 100–Committee on Public Health

CHAPTER 214

AN ACT to amend NRS sections 450.160, 450.180 and 450.440, relating to rules and regulations adopted by boards of hospital trustees of county public hospitals and to the employees and staff of such hospitals, by conferring authority upon the boards of hospital trustees to control the admission of physicians, surgeons and internes to the staffs of such hospitals; and by providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 450.160 is hereby amended to read as follows:

      450.160  The board of hospital trustees shall make and adopt such bylaws, rules and regulations for its own guidance and for the government of the hospital, and such rules and regulations governing the admission of physicians to the staff, as may be deemed expedient for the economic and equitable conduct thereof, not inconsistent with this chapter or the ordinances of the city or town wherein such hospital is located.

      Sec. 2.  NRS 450.180 is hereby amended to read as follows:

      450.180  The board of hospital trustees shall have the power:

      1.  To appoint a suitable superintendent or matron, or both, and necessary assistants, and to fix their compensations.

      2.  To employ physicians, surgeons and internes, either full-time or part-time, as the board determines necessary, and to fix their compensations.

      3.  To remove such appointees and employees.

      4.  To control the admission of physicians, surgeons and internes to the staff by promulgating appropriate rules, regulations and standards governing such appointments.

      Sec. 3.  NRS 450.440 is hereby amended to read as follows:

      450.440  1.  The board of hospital trustees shall organize a staff of physicians composed of every regular practicing physician in the county in which the hospital is located [, and each physician shall hold his position on the staff so long as he complies with] who meets the standards fixed by the rules and regulations laid down by the board of hospital trustees.

      2.  The staff shall organize in a manner prescribed by the board so that there shall be a rotation of service among the members of the staff to give proper medical and surgical attention and service to the indigent sick, injured or maimed who may be admitted to the hospital for treatment.


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

ê1963 Statutes of Nevada, Page 347 (Chapter 214, SB 100)ê

 

so that there shall be a rotation of service among the members of the staff to give proper medical and surgical attention and service to the indigent sick, injured or maimed who may be admitted to the hospital for treatment.

      3.  No member of the staff nor any other physician who attends an indigent patient shall receive any compensation for his services except as otherwise provided in NRS 450.180.

 

________

 

 

CHAPTER 215, SB 208

Senate Bill No. 208–Committee on Aviation, Transportation and Highways

CHAPTER 215

AN ACT to amend NRS sections 387.400 and 387.595, relating to limitations on the total amount of bonds issued by school districts, by increasing the debt limit from 10 percent to 15 percent; excluding motor vehicles from the total assessed valuation; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 387.400 is hereby amended to read as follows:

      387.400  1.  The total bonded indebtedness of a county school district shall at no time exceed an amount equal to [10] 15 percent of the total of the last assessed valuation of taxable property (excluding motor vehicles) situated within the county school district less an amount equal to any total outstanding bonded indebtedness of the school districts and educational districts abolished by NRS 386.020 whose areas are now within the county school district.

      2.  In computing the limitation of the total bonded indebtedness of a county school district the outstanding bonded indebtedness of the school districts and educational districts abolished by NRS 386.020 expressly assumed by the county school district by a vote of the electors as provided in NRS 387.520 shall be deemed to constitute bonded indebtedness of the county school district.

      Sec. 2.  NRS 387.595 is hereby amended to read as follows:

      387.595  The total bonded indebtedness of a joint school district shall at no time exceed an amount equal to [10] 15 percent of the total of the last assessed valuation of taxable property (excluding motor vehicles) situated within the joint school district less an amount equal to any total outstanding bonded indebtedness of the school districts and educational districts abolished by NRS 386.020 whose areas are within the joint school district and any total outstanding bonded indebtedness of the county school districts joining to create the joint school district or subsequently uniting with a joint school district.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 348ê

 

CHAPTER 216, SB 217

Senate Bill No. 217–Senator Berrum

CHAPTER 216

AN ACT to amend NRS section 259.080, relating to coroners’ juries, by increasing the fees for members of such juries from $3 a day to $6 a day.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 259.080 is hereby amended to read as follows:

      259.080  1.  Jurors of coroners’ juries (with not more than 3 persons upon the jury) shall be entitled to receive for each day’s service [$3,] $6, to be certified to the county clerk by the coroner, and audited, allowed and paid as are other claims against the county.

      2.  When it is necessary for a coroner’s jury to travel a greater distance than 1 mile to view the remains, or to the place where the inquisition is to be held, the necessary and actual expenses incurred by the coroner for the transportation of the jury shall be allowed, audited and paid as are other claims against the county, after having been duly certified to by the coroner.

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

 

________

 

 

CHAPTER 217, SB 224

Senate Bill No. 224–Committee on Taxation

CHAPTER 217

AN ACT to amend chapter 482 of NRS, relating to vehicle licensing and registration, by adding a new section defining terms; to amend NRS sections 482.210, 482.260, 482.397, 482.480, 482.555, relating to registration, licensing and collection of personal property taxes on vehicles, by exempting from registration mobile homes not used on highways; by providing for collection by county assessors of personal property taxes on mobile homes; by providing for registration of mobile homes used on highways; and by providing penalties; to repeal NRS section 482.517, relating to penalties for delinquent registration of mobile homes; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      “Mobile home” means every trailer designed or equipped for living purposes.

      Sec. 2.  NRS 482.210 is hereby amended to read as follows:

      482.210  The provisions of this chapter requiring the registration of certain vehicles shall not apply to:

      1.  Special mobile equipment.


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

ê1963 Statutes of Nevada, Page 349 (Chapter 217, SB 224)ê

 

      2.  Implements of husbandry temporarily drawn, moved or otherwise propelled upon the highways.

      3.  Any mobile home not moved on any highway or road within the state.

      Sec. 3.  NRS 482.260 is hereby amended to read as follows:

      482.260  1.  The department and its agents in registering a vehicle shall:

      (a) Collect the annual license fee as provided for in this chapter.

      (b) Collect, as agent for the county in which the applicant resides, the personal property tax on the vehicle, whether or not the applicant is the owner of any real property.

      (c) Issue to the applicant a temporary certificate of registration valid 15 days only and not renewable, or a certificate of registration, together with the regular license plate or plates.

      2.  The amount of the personal property tax collected at the time of registration shall be determined by applying the tax rate applicable in the area in which the applicant resides to the assessed value of the vehicle based upon the schedule of values for assessment purposes fixed by the Nevada tax commission for that year.

      3.  Upon proof of ownership satisfactory to the director, he shall cause to be issued a certificate of ownership as provided in this chapter.

      4.  Any law of the State of Nevada to the contrary notwithstanding, a new or used motor vehicle being registered for the first time in Nevada shall be taxed pro rata on a monthly basis upon the amount of time remaining in the current registration year.

      5.  Notwithstanding the provisions of subsection 1, the department shall not collect the personal property tax on any mobile home. Such tax shall be collected by the county assessor as provided in chapter 361 of NRS.

      Sec. 4.  NRS 482.397 is hereby amended to read as follows:

      482.397  1.  [The owner of a trailer not used upon the highways of the state, but used as a residence or dwelling by any person, shall annually, on or before July 1, apply to the department for a trailer registration certificate and number plate.

      2.  The department shall issue a trailer registration certificate and number plate, and charge and collect a fee therefor in the sum of $1, upon proof that all personal property taxes levied against such trailer and its contents have been paid.

      3.  The number plate issued shall be attached to the outside of the trailer in a conspicuous place by the owner.

      4.  All fees collected pursuant to the provisions of this section shall be deposited in the state highway fund.

      5.  Every person who violates any of the provisions of this section shall be guilty of a misdemeanor.] The owner of any mobile home moved upon any highway or road in the state shall, prior to such movement, apply to the department for a mobile home registration certificate and license plate for the current registration period.

      2.  The department shall issue such certificate and plate only after payment of the fee required by NRS 482.480 and presentation of a receipt from a county assessor showing that all personal property taxes levied against such mobile home and its contents have been paid.


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ê1963 Statutes of Nevada, Page 350 (Chapter 217, SB 224)ê

 

receipt from a county assessor showing that all personal property taxes levied against such mobile home and its contents have been paid. The department may accept a certified letter from a county assessor in lieu of a tax receipt.

      3.  The license plate shall be displayed on the rear of the mobile home at all times during which the mobile home is moved upon any highway or road.

      4.  If a mobile home is moved upon any highway or road in the state in violation of any of the provisions of this section, the department, any member of the Nevada highway patrol or any peace officer in the state shall seize and hold such mobile home until presented with a receipt or certified letter from the county assessor of the situs county of such mobile home showing that all personal property taxes levied against such mobile home and its contents have been paid, and until the mobile home is properly registered as required in this chapter.

      Sec. 5.  NRS 482.480 is hereby amended to read as follows:

      482.480  There shall be paid to the department for the registration or transfer of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

      1.  For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a flat registration fee of $5.50.

      2.  For every motorcycle, the sum of $3.50.

      3.  For every truck or trailer having an unladened weight of 3,500 pounds or less, as shown by a public weighmaster’s certificate, a flat registration fee of $5.50.

      4.  For every trailer having an unladened weight of 1,000 pounds or less, a flat registration fee of $2.50.

      5.  For every truck, trailer, except [trailers designed or equipped for living purposes,] mobile homes, truck-tractor and semitrailer, 50 cents per 100 pounds, or major fraction thereof, of unladened weight as shown by a public weighmaster’s certificate. At the time of weighing, each vehicle shall have in place each and every accessory and appliance belonging to and used on such vehicle in the transportation of property.

      6.  For every [trailer designed for the installation of or equipped with household appliances used therein for living purposes,] mobile home, the registration fee shall be $5.50. [in addition to the assessed personal property tax on such trailer.]

      7.  Except as provided in subsection 8, for each transfer of registration the fee shall be $2.

      8.  The fee for transfer of a registration to any motor vehicle enumerated in subsection 5 shall be $2 plus the excess, if any, of the fee which would have been payable for an original registration of such vehicle over the fee paid for registration of the vehicle from which the registration is transferred.

      [9.  Despite the provisions of subsections 6 and 7, for every trailer designed for the installation of or equipped with household appliances used therein for living purposes and not used on the highways of the state, the registration fee shall be $1 in addition to the assessed personal property tax on such trailer, and the fee for transfer of a registration shall be $1.]

 


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ê1963 Statutes of Nevada, Page 351 (Chapter 217, SB 224)ê

 

property tax on such trailer, and the fee for transfer of a registration shall be $1.]

      Sec. 6.  NRS 482.555 is hereby amended to read as follows:

      482.555  1.  In addition to any other penalty provided by this chapter, it shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this state declared to be a gross misdemeanor or a felony.

      2.  Every person convicted of a misdemeanor, as provided by subsection 1, for the violation of any provision of this chapter 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.

      3.  Notwithstanding the provisions of subsections 1 and 2 of this section, any owner who moves or permits his mobile home to be moved, and any transporter who moves such mobile home for remuneration, in violation of any of the provisions of NRS 482.397 is guilty of a misdemeanor and shall be punished by a fine of:

      (a) Not less than $50 in the case of an owner.

      (b) Not less than $200 in the case of a transporter.

      Sec. 7.  NRS 482.517 is hereby repealed.

 

________

 

 

CHAPTER 218, SB 266

Senate Bill No. 266–Senator Monroe

CHAPTER 218

AN ACT authorizing the city of Elko, Nevada, to develop, enlarge, improve and equip the city’s airport; concerning the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $500,000 and the levy of taxes in connection therewith; providing other details concerning the bonds and the taxes; and providing other matters properly relating thereto.

 

[Approved April 2, 1963]

 

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

do enact as follows:

 

      Section 1.  Subject to the provisions of section 1.5 of this act, the board of supervisors of the city of Elko (herein sometimes designated as the “board” and the “city,” respectively), in the county of Elko and State of Nevada, in addition to the powers elsewhere conferred upon the board, is hereby authorized and empowered, upon behalf of the city, to develop, enlarge, improve and equip the city’s public airport (herein sometimes designated as the “Project”), and to issue the city’s negotiable, coupon, general obligation bonds, in the aggregate principal amount of not exceeding $500,000 or such lesser amount as may be determined by the board, for the purpose of financing the Project.


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ê1963 Statutes of Nevada, Page 352 (Chapter 218, SB 266)ê

 

      Sec. 1.5.  1.  The board may by resolution adopted and entered in its minutes submit the question of issuing such general obligation bonds to the electors qualified to vote thereon at the next city general election or at a special election to be held for that purpose, held in accordance with NRS 350.010 to 350.070, inclusive, all laws amendatory thereof, and the laws of the State of Nevada relating to elections insofar as the same can be made applicable.

      2.  If the bond question is submitted at the next city general election no notice of registration of electors is required other than that required by the general election laws for such election.

      3.  If the bond question is submitted at a city special election, the city clerk shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the election, in a newspaper published within the city and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as hereinafter provided.

      4.  Except as provided in subsection 5, the office of the county clerk shall be open for such a special election, from 9 a. m. to 12 m. and from 1 p. m. to 5 p. m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.

      5.  During the 5 days preceding the close of registration before such a special election, the office of the county clerk shall be open from 9 a. m. to 5 p. m. and from 7 p. m. to 9 p. m. on Monday through Saturday, with Sundays and any legal holidays excepted.

      6.  The office of the county clerk shall be opened for registration of voters for such a special election from and including the 20th day next preceding such election up to but excluding the 10th day next preceding such election and during regular office hours.

      7.  Following the adoption of a resolution as provided in subsection 1, designating that the election shall be submitted at the next city general election, the city clerk shall cause a notice of the bond election to be published in some newspaper printed in and having a general circulation in the city at least once a week for 2 consecutive weeks by two weekly insertions a week apart, immediately preceding the date of the election.

      8.  Following the adoption of a resolution as provided in subsection 1, designating the bond election as a special election, the city clerk shall cause a notice of the election to be published in some newspaper printed in and having a general circulation in the city at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 14 days nor less than 8 days next preceding the election.

      9.  The notice of election shall contain:

      (a) The time and places (by specific delineation or general reference) of holding the election.

      (b) The hours during the day in which the polls will be open, which shall be the same as provided for general elections.

 

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