[Rev. 6/2/2018 11:34:36 AM]

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ê1963 Statutes of Nevada, Page 529 (Chapter 292, AB 325)ê

 

permit or license shall have and continue to have such certificate, permit or license or any renewal thereof, and shall not be in default of any payment for any license, or of any liability insurance policy, or certificate of insurance or bond provided by this chapter.

      (b) United States mail carriers operating star routes when not engaged in other business as a common or contract carrier.

      (c) [City or town draymen and private] Private motor carriers of property operating within a 5-mile radius of the limits of a city or town. [, except any person engaging in the moving of new and used furniture and household effects for hire.]

      (d) [The transportation of livestock and farm products to market by the producer thereof, or such producer’s employee, or merchandise and supplies for his own use in his own motor vehicle.] Farm vehicles, or to the transportation of livestock by the owner thereof in his own single unit truck of 10,000 pounds or less unladened weight.

      (e) The transportation of children to and from school.

      (f) [The transportation of passengers in chartered motor vehicles on education or sightseeing tours; but only five such trips shall be allowed any one person during any fiscal year.

      (g)]The transportation of a contractor’s own equipment in his own motor vehicle from job to job.

      [(h)] (g) The transportation of ore or minerals or mining supplies in the producer’s own vehicle; but only one vehicle having an unladened weight not exceeding 10,000 pounds shall be exempted from the transportation of ore or minerals or mining supplies. No exemption whatever shall be granted if the vehicle exceeds 10,000 pounds unladened.

      [(i)] (h) Any person engaged in transporting his own personal [property] effects in his own motor vehicle [.] , but the provisions of this paragraph do not apply to any person engaged in transportation by motor vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise, or to the carriage of any property for hire.

      2.  Any city or town drayman who on January 1, 1959, was currently engaged in the moving of new or used furniture or household effects for hire under the exemptions provided in paragraphs (a) and (c) of subsection 1 shall be granted a certificate of public convenience and necessity if application is made within 90 days after July 1, 1959, and such application contains satisfactory evidence of the lawful nature and scope of the applicant’s operation existing on January 1, 1959. Such certificate, when issued, shall authorize the recipient thereof to operate within the corporate or municipal limits of the city or town wherein the applicant was lawfully operating on January 1, 1959, and within a 5-mile radius of the limits of such city or town as those limits are now, or may hereafter be, officially determined.

      3.  Any person who is a private carrier of property transporting his own goods, wares and merchandise, other than livestock or farm produce, or ore or minerals or mining supplies, in the producer’s own vehicle, being transported for the purpose of sale or resale, may secure a private carrier’s license at a rate of $25 per year, if the vehicle does not exceed 10,000 pounds unladened weight.


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ê1963 Statutes of Nevada, Page 530 (Chapter 292, AB 325)ê

 

vehicle, being transported for the purpose of sale or resale, may secure a private carrier’s license at a rate of $25 per year, if the vehicle does not exceed 10,000 pounds unladened weight. [Such] Except for the additional license fee required by NRS 706.555, such fee shall be the only license fee required of such person, notwithstanding any other provision of NRS 706.010 to 706.700, inclusive, to the contrary; but only one such motor vehicle shall be permitted to be used by such person under the terms of this particular exemption, regardless of the number of his business branches located in the State of Nevada or elsewhere. Nothing in this subsection shall be construed as applying to tractor-trucks, trailers or semitrailers, but shall be deemed to apply to motor trucks and passenger cars.

      Sec. 11.  Any city or town drayman who, on January 1, 1963, was engaged in the hauling of property for hire under the exemptions provided in paragraphs (a) or (c) of subsection 1 of NRS 706.670 prior to its amendment by this act shall be granted a certificate of public convenience and necessity if he makes an application therefor on or before September 30, 1963, and such application contains evidence satisfactory to the public service commission of Nevada of the lawful nature and scope of the applicants operation on and before January 1, 1963. The certificate shall authorize the recipient thereof to operate within the corporate limits of the city or town wherein he was lawfully operating on January 1, 1963, and within a 5-mile radius of the limits of such city or town, as such limits may be officially determined on July 1, 1963, or thereafter, but the certificate shall not permit the movement of new or used furniture, household effects, mobile homes or explosives or other dangerous articles as defined by the safety rules and regulations of the Interstate Commerce Commission, or the operation of an armored car or truck service.

      Sec. 12.  NRS 706.470 and 706.610 are hereby repealed.

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

 

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ê1963 Statutes of Nevada, Page 531ê

 

CHAPTER 293, AB 326

Assembly Bill No. 326–Committee on Education

CHAPTER 293

AN ACT to amend chapter 451 of NRS, relating to dead human bodies, by providing for the creation of a committee on anatomical dissection; providing that the members of such committee shall serve without salary; providing for the procurement and handling of human remains; authorizing any person to direct the disposition of his own body to prescribed institutions and organizations; providing for the handling and disposition of unclaimed bodies; providing for specified persons to claim human bodies in the hands of the committee; and providing for written authorization for autopsies to remove parts of bodies for therapeutic or scientific use; to amend NRS section 451.010, relating to the dissection of dead human bodies, by authorizing dissection in cases provided for in this act; and providing other matters properly relating thereto.

 

[Approved April 9, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 451 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 15, inclusive, of this act, “committee” means the committee on anatomical dissection established by the University of Nevada.

      Sec. 3.  The University of Nevada shall have power to establish a committee on anatomical dissection which shall be composed as follows:

      1.  One doctor of medicine appointed by the Nevada State Medical Association.

      2.  One doctor of dentistry appointed by the Nevada State Dental Association.

      3.  One pathologist appointed by the Nevada State Society of Pathologists.

      4.  One member appointed by the president of the University of Nevada from the faculty of the University of Nevada in Reno.

      5.  One member appointed by the president of the University of Nevada from the faculty of Nevada Southern.

      6.  The state health officer or one of his staff appointed by him.

      7.  One member appointed by the Nevada Funeral Service Association.

      Sec. 4.  The committee shall keep full and complete minutes of each meeting of the committee and a complete record of all dead human bodies received and distributed by it and of the persons to whom such bodies may be distributed. Such minutes and records shall be open at all times to the inspection of each member of the committee and of the district attorney of any county within the state. A report of the activities of the committee shall be made annually to the president of the University of Nevada and to the state board of health. One of the University of Nevada committee members shall act as secretary and shall be responsible for preparing and maintaining a complete file of such minutes and records.


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ê1963 Statutes of Nevada, Page 532 (Chapter 293, AB 326)ê

 

      Sec. 5.  The members of the committee shall serve without salary.

      Sec. 6.  The committee shall from time to time adopt such rules and regulations as it may deem necessary for the performance of its duties. The committee shall meet once a year and at such other times as it deems necessary.

      Sec. 7.  1.  All public officers, agents or employees of every county, city or town, every person in charge of any prison, morgue, hospital, funeral parlor or mortuary, and all other persons coming into possession, charge or control of any dead human body which is unclaimed or which is required to be buried at public expense are hereby required to notify the committee immediately, or such person as may from time to time be designated by the committee.

      2.  Every such person shall, upon the request of the committee and without fee, deliver such dead body to the committee, or to such agent, institution or person as the committee shall designate.

      Sec. 8.  All bodies received by the committee shall be retained in receiving vaults for a period of not less than 60 days before allowing their use for medical science. If at any time more bodies are made available to the committee than can be used for medical science under its jurisdiction, or a body shall be deemed to the committee to be unfit for anatomical purposes, the committee may notify, in writing, the county commissioners of the county where the death occurred. Upon receiving such notification, the county commissioners shall direct some person to take charge of such body and cause it to be buried in accordance with the existing rules, laws and practices for disposing of unclaimed bodies within such county.

      Sec. 9.  Notice of death shall be given to the committee in all cases of unclaimed indigent persons. No body shall be delivered to the committee if any relative, by blood or marriage, claims the body for burial at the expense of such relative, but the body shall be surrendered to the claimant for interment. No such body shall be delivered to the committee if any friend of the deceased, any representative of a fraternal society of which the deceased was a member, or any representative of any charitable or religious organization claims the body for burial at its expense. No body shall be delivered to the committee if the deceased person was an honorably discharged member of the Armed Forces of the United States or the state but the body shall be buried in accordance with the provisions of the existing laws.

      Sec. 10.  Any dead human body which has been delivered to the committee may be claimed by any friend of the deceased, any representative of a fraternal society of which the deceased was a member, or any representative of any charitable or religious organization. Upon receipt of such claim, the body shall be surrendered to the claimant by the committee after the payment to the committee of the expenses incurred in obtaining and handling such body.

      Sec. 11.  1.  The committee is prohibited from entering into any contract, oral or written, whereby any sum of money shall be paid to any living person in exchange for which the body of such person shall be delivered to the committee when such living person dies.


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ê1963 Statutes of Nevada, Page 533 (Chapter 293, AB 326)ê

 

      2.  If any person executes a will leaving his body to the committee for the advancement of medical science and such person dies within the geographical limits of the state, the committee is hereby empowered to accept and receive such body.

      Sec. 12.  The committee or its duly authorized agent shall take and receive the bodies delivered to it under the provisions of this chapter and shall distribute such bodies proportionately and equitably, among schools, teaching hospitals wherein the resident training program requires cadaveric material for study, and such other groups as the committee may determine to be eligible to receive such bodies.

      Sec. 13.  No university, school, college, teaching hospital or association shall be allowed or permitted to receive any such body until a bond, approved as to form by the attorney general, has been given to the committee. Such bond shall be in the penal sum of $1,000 conditioned that all such bodies received by such university, school, college, teaching hospital or association shall be used for no other purpose than the promotion of medical science within this state.

      Sec. 14.  1.  Except as otherwise required by subsection 2, at any time any body, or part of any body, has been used and deemed of no further value to medical or dental science, the person having charge of such body or parts of such body may dispose of the remains by cremation.

      2.  A person, prior to his death, may direct the preparation for and the type and place of interment of his remains by either oral or written instructions. If such instructions are in a will or other written instrument, he may direct that the whole or any part of his remains be given to a teaching institution, university, college or licensed hospital, or to or for the use of any nonprofit blood bank, artery bank, eye bank or other therapeutic service operated by any agency approved by the state board of health under rules and regulations established by the state board of health. The person or persons otherwise entitled to control the disposition of the remains under the provisions of this section shall faithfully carry out the directions of the decedent.

      3.  If such instructions are contained in a will or other written instrument, they shall be immediately carried out, regardless of the validity of the will in other respects or of the fact that the will may not be offered for or admitted to probate until a later date.

      4.  This section shall be administered and construed to the end that such expressed instructions of any person shall be faithfully and promptly performed.

      5.  No funeral director, physician or cemetery authority shall be liable to any person for carrying out such instructions of the descendent.

      Sec. 15.  Pursuant to any written authorization, by a relative qualified to authorize an autopsy, to remove any structure or organ from any human remains for therapeutic or scientific use, any structure or organ may be given to any therapeutic or scientific service operated by any agency approved by the state board of health, including, but not limited to, a teaching institution, university, college, licensed hospital, nonprofit blood bank, nonprofit artery bank or nonprofit eye bank.


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ê1963 Statutes of Nevada, Page 534 (Chapter 293, AB 326)ê

 

bank. The person performing any such autopsy shall do so without delay and shall not exceed the removal permission contained in such written authorization. The remains shall not be mutilated nor shall any portion thereof be removed for purposes other than those expressly permitted in this section.

      Sec. 16.  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] chapter 135, Statutes of Nevada 1963, 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.

      (d) Where authorized by the provisions of sections 2 to 15, inclusive, of this act.

      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.

      Sec. 17.  This act shall become effective upon passage and approval.

 

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CHAPTER 294, AB 296

Assembly Bill No. 296–Messrs. Knisley, Johnson, Delaney and Howard

CHAPTER 294

AN ACT to amend NRS section 322.050, relating to leases of and easements over state lands, by authorizing the director of the state department of conservation and natural resources to lease or grant easements over contract lands with the consent of the contractee; and by providing other matters properly relating thereto.

 

[Approved April 9, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 322.050 is hereby amended to read as follows:

      322.050  The director of the state department of conservation and natural resources, with the concurrence of the governor, is authorized, in addition to the authority to lease provided in NRS 322.010 to 322.030, inclusive, to lease or grant easements over or upon any land now or hereafter owned by the State of Nevada, or which may hereafter be granted it by the United States of America, [except contract lands,] upon terms as provided in NRS 322.060. Leases or grants of easements over or upon contract lands may be made only with the consent of the contractee, who shall be paid all moneys received from any such lease or grant.


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ê1963 Statutes of Nevada, Page 535 (Chapter 294, AB 296)ê

 

any such lease or grant. Easements over or upon any lands which are used by any office, department, board, commission, bureau, institution or other agency of the State of Nevada may be granted only with the concurrence of such agency.

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

 

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CHAPTER 295, SB 191

Senate Bill No. 191–Senator Dial

CHAPTER 295

AN ACT authorizing the state planning board to purchase certain land in Carson City for the state and making an appropriation therefor; and providing other matters properly relating thereto.

 

[Approved April 9, 1963]

 

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

do enact as follows:

 

      Section 1.  1.  The state planning board is hereby authorized to purchase in the name of the State of Nevada the following described parcel of land:

 

All that real property situate in the City of Carson City, County of Ormsby, State of Nevada, described as follows: Commencing at a point in Caroline Street on the West line of Mountain Street, 20 feet South of the center of the South tract of the Virginia & Truckee Railroad Company and running westerly along the North line of the property now or formerly belonging to E. R. Yerington, 158 feet; thence at a right angle southerly along the West line of said Yerington property 56 feet; thence at a right angle westerly 12 feet, thence at a right angle southerly along the West line of the property of the State of Nevada (on which is situated the governor’s mansion) 155.1 feet to the northerly line of Robinson Street extended; thence at a right angle westerly along the northerly line of Robinson Street extended 66 feet to the easterly line of the Davis lot; thence at a right angle northerly along the line of the Davis lot 74 feet; thence at a right angle westerly along the northerly line of the Davis lot 80 feet; thence at right angle northerly 200.23 feet to the line of fence enclosing such property on the North; and thence southeasterly along the line of fence 322.65 feet to the West line of Mountain Street and place of beginning. Save and except that portion of Block 19 of Phillips Addition to Carson City, Ormsby County, Nevada, which lies within the exterior boundaries of the above-described parcel.

 

      2.  There is hereby appropriated from the general fund in the state treasury to the state planning board the sum of $20,000 for the purchase of the land described in subsection 1.


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ê1963 Statutes of Nevada, Page 536 (Chapter 295, SB 191)ê

 

      3.  If the offer of the state planning board to purchase such land is rejected the moneys herein appropriated shall revert to the general fund in the state treasury. If the offer of the state planning board is accepted and the sale of the land to the State of Nevada is subsequently confirmed by the district court, any balance of the moneys herein appropriated remaining thereafter shall revert to the general fund in the state treasury.

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

 

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CHAPTER 296, SB 203

Senate Bill No. 203–Committee on Judiciary

CHAPTER 296

AN ACT to amend NRS section 439.137, relating to the director of the bureau of mental health, by placing the director in the classified service of the state; fixing his salary; and providing other matters properly relating thereto.

 

[Approved April 9, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 439.137 is hereby amended to read as follows:

      439.137  1.  The state health officer shall appoint a director of the bureau of mental health who shall:

      (a) Hold a degree of doctor of medicine from a medical school accredited by the American Medical Association.

      (b) Be licensed to practice medicine in Nevada.

      (c) Have training and experience in the field of psychiatry.

      (d) Be in the [unclassified] classified service of the state.

      (e) Receive an annual salary [not to exceed] of $20,000.

      2.  The state health officer shall appoint, pursuant to the provisions of chapter 284 of NRS, such other professional, technical, clerical and operational staff as may be necessary to carry out the provisions of chapter 436 of NRS.

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

 

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ê1963 Statutes of Nevada, Page 537ê

 

CHAPTER 297, AB 298

Assembly Bill No. 298–Clark County Delegation

CHAPTER 297

AN ACT to amend chapter 311 of NRS, relating to water and sanitation districts, by placing such districts under the jurisdiction of the public service commission of Nevada in regard to rates, services and facilities; to amend NRS section 311.130, relating to general powers of boards of directors of water and sanitation districts, by providing that the board shall apply to the public service commission to fix, increase or decrease any rates; and providing other matters properly relating thereto.

 

[Approved April 9, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 311 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Each water and sanitation district shall be under the jurisdiction of the public service commission of Nevada in regard to rates charged and services and facilities furnished in the same manner as a public utility as defined in NRS 704.020.

      Sec. 2.  NRS 311.130 is hereby amended to read as follows:

      311.130  For and on behalf of the district the board shall have the following powers:

      1.  To have perpetual existence.

      2.  To have and use a corporate seal.

      3.  To sue and be sued, and be a party to suits, actions and proceedings.

      4.  Except as otherwise provided in this chapter, to enter into contracts and agreements affecting the affairs of the district, including contracts with the United States of America and any of its agencies or instrumentalities. Except in cases in which a district will receive aid from a governmental agency, a notice shall be published for bids on all construction contracts for work, or material, or both, involving an expense of $5,000 or more. The district may reject any and all bids, and if it shall appear that the district can perform the work or secure material for less than the lowest bid, it may proceed so to do.

      5.  To borrow money and incur indebtedness and evidence the same by certificates, notes or debentures and to issue bonds, in accordance with the provisions of this chapter.

      6.  To acquire, dispose of and encumber real and personal property, water, water rights, water and sewer works and plants, and any interest therein, including leases and easements.

      7.  To refund any bonded indebtedness of the district without an election. Otherwise, the terms and conditions of refunding bonds shall be substantially the same as those of an original issue of bonds; provided:

      (a) That the refunding bonds may be exchanged dollar for dollar for the bonds to be refunded or may be sold publicly or privately, in which case the proceeds derived from the sale of the bonds shall be used to redeem the bonds being refunded; and


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ê1963 Statutes of Nevada, Page 538 (Chapter 297, AB 298)ê

 

      (b) That the refunding bonds, or at the option of the board the refunding bonds and all outstanding bonds of the district, shall mature serially and be payable and due commencing not later than 3 years and extending not more than 30 years from the date of the refunding bonds, at the option of the board and insofar as practicable either in substantially equal annual installments of principal, or upon an amortization plan for the bonds so that substantially equal amounts shall be required annually for the payment of the principal of and the interest on the bonds, but the first and last installment of principal, or both of those installments of principal, may be for greater or lesser amounts than required by either of the aforesaid limitations.

      8.  To have the management, control and supervision of all the business and affairs of the district, and the construction, installation, operation and maintenance of district improvement therein.

      9.  To hire and retain agents, employees, engineers and attorneys.

      10.  To have and exercise the power of eminent domain and in the manner provided by law for the condemnation of private property for public use to take any property necessary to the exercise of the powers herein granted, both within and without the district.

      11.  To construct and maintain works and establish and maintain facilities across or along any public street or highway, and in, upon, or over any vacant public lands, which public lands are now, or may become, the property of the State of Nevada, and to construct works and establish and maintain facilities across any stream of water or watercourse. The district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to completely or unnecessarily impair the usefulness thereof.

      12.  To [fix and from time to time to] apply to the public service commission, in accordance with the provisions of chapter 704 of NRS, to fix, increase or decrease water and sewer rates, tolls or charges for services or facilities furnished by the district, and to pledge [such] revenue received for the payment of any indebtedness of the district. The board shall [fix] charge such rates, tolls or charges as shall be [approved] fixed by the public service commission of the State of Nevada. Until paid, all rates, tolls or charges shall constitute a perpetual lien on and against the property served, and any such lien may be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics’ liens. The board shall shut off or discontinue service for delinquencies in the payment of such rates, tolls or charges, or in the payment of taxes levied pursuant to this chapter, and prescribe and enforce rules and regulations for the connection with and disconnection from properties of the facilities of the district. For health and sanitary purposes the board shall have the power to compel the owners of inhabited property within a sanitation district to connect their property with the sewer system of such district, and upon a failure so to connect within 60 days after written notice by the board so to do the board may cause such connection to be made and a lien to be filed against the property for the expense incurred in making such connection; but no owner shall be compelled to connect his property with such system unless a service line is brought, by the district, to a point within 400 feet of his dwelling place.


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ê1963 Statutes of Nevada, Page 539 (Chapter 297, AB 298)ê

 

in making such connection; but no owner shall be compelled to connect his property with such system unless a service line is brought, by the district, to a point within 400 feet of his dwelling place.

      13.  To adopt and amend bylaws, not in conflict with the constitution and laws of the state, for carrying on the business, objects and affairs of the board and of the district.

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

      15.  When a district lies entirely within an incorporated city and when all of its indebtedness has been fully paid or satisfied, to convey to such city with the consent of the governing authority thereof all of the property of such district upon the condition that such city will operate and maintain such property. Upon such conveyance the district shall be dissolved and a certificate to such effect shall be signed by the clerical officer of the city and filed with the county clerk of the counties in which the order establishing the district is filed.

      16.  When two or more districts are using the same or joint facilities and when the obligations of each district are fully paid or satisfied, to consolidate such districts into one. In such an event the consolidated district shall be under the control of a joint board, consisting of the members of each board, until by the occurrence of vacancies or expiration of terms of office the board is reduced to five members. Thereafter the members of the board shall be elected as provided in NRS 311.120.

 

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CHAPTER 298, SB 111

Senate Bill No. 111–Committee on Finance

CHAPTER 298

AN ACT to amend NRS section 2.220, relating to the salary of the clerk of the supreme court, by authorizing the supreme court to set the salary of the clerk of the supreme court within the statutory limit.

 

[Approved April 9, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 2.220 is hereby amended to read as follows:

      2.220  [1.  The annual salary of the clerk of the supreme court shall be $6,600. From and after the expiration of the present term of the clerk of the supreme court, his successor and successors in office thereafter shall receive an annual salary of $8,000.

      2.  From July 1, 1957, until 12 p.m. of the 1st Monday of January 1959, the clerk of the supreme court as ex officio reporter of decisions shall receive an annual salary of $1,400, payable out of the general fund at the times and in the manner provided by law.]


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ê1963 Statutes of Nevada, Page 540 (Chapter 298, SB 111)ê

 

shall receive an annual salary of $1,400, payable out of the general fund at the times and in the manner provided by law.] The supreme court shall fix the annual salary of the clerk of the supreme court in an amount not to exceed $10,000.

 

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CHAPTER 299, SB 182

Senate Bill No. 182–Senator Dodge

CHAPTER 299

AN ACT to amend chapter 710 of NRS, relating to utilities and carriers owned by local governments, by adding new sections providing for an extension of the territorial limits of a telephone system and permitting the county commissioners to issue revenue bonds; providing the procedure for the sale or lease of county-owned telephone systems after general or special elections; to amend NRS sections 710.010 and 710.040, relating to the purchase and construction of county telephone systems, by allowing a charge to provide a reasonable reserve for expansion; authorizing the issuance of bonds after special election; increasing the limitation on issuance of county bonds to 10 percent of assessed value of county property; to repeal NRS section 710.150, relating to the sale or lease of county-owned telephone systems; and providing other matters properly relating thereto.

 

[Approved April 9, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 710 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

      Sec. 2.  1.  Notwithstanding the provisions of any other statute, a telephone system which is under the control and management of a county may extend its operation across county boundaries if the public service commission of Nevada has, in an action commenced under NRS 704.330 and after 20 days’ notice to all telephone utilities providing service in the county into which such operation is to be extended, determined that no other telephone service can reasonably serve the area into which the extension is to be made and approves the extension of such system.

      2.  No such extension may be permitted for a distance of more than 10 miles.

      3.  Except as provided in subsection 1, nothing in the section shall be construed to vest jurisdiction over a county telephone system in the public service commission of Nevada.

      Sec. 3.  1.  Notwithstanding the provisions of NRS 710.030, the board of county commissioners of any county controlling and managing a telephone system may issue revenue bonds in an amount equal to 20 percent of the appraised value of such system if:

      (a) The determination to issue revenue bonds is by a resolution unanimously adopted by such board and entered upon the minutes of such board; and

      (b) The credit of the telephone system only is pledged.


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ê1963 Statutes of Nevada, Page 541 (Chapter 299, SB 182)ê

 

      2.  The preparation, maximum interest rate, manner of paying interest, amount, sale and disposition of sale proceeds of any bonds issued under the provisions of this section shall be the same as in the case of bonds issued under the provisions of NRS 710.030.

      Sec. 4.  Notwithstanding the provisions of NRS 710.030, the board of county commissioners of any county controlling and managing a telephone system may, at any time, call a special election for the purpose of submitting to the registered voters of the county a proposal to issue bonds of the county for the purpose of extending or improving the system. Such special election shall be called and held and registration of electors provided for substantially in compliance with the provisions of sections 8 to 11, inclusive, of this amendatory act relating to the sale or lease of a county-owned telephone system.

      Sec. 5.  NRS 710.010 is hereby amended to read as follows:

      710.010  1.  The board of county commissioners of any county is authorized, upon there being filed with it a petition signed by two-thirds of the taxpayers of the county requesting the board so to do, to purchase or construct a telephone line or lines within the limits of the county, if in the judgment of the board it would be to the interest of the county to do so, and to pay for the same out of the county general fund.

      2.  The title to any telephone line or lines constructed or acquired by or under the authority of any board of county commissioners as provided in subsection 1 shall be vested in the county and under its control and management.

      3.  Any telephone system which is under the control and management of a county, notwithstanding the method used in acquiring the system, may include within its charges for service to each user an amount sufficient to provide a reasonable reserve to be used for the purpose of expansion of the telephone facility.

      Sec. 6.  NRS 710.040 is hereby amended to read as follows:

      710.040  The total of [such] all bonds, other than revenue bonds, issued to finance the construction, acquisition, extension or improvement of a county telephone system shall be an amount not to exceed [2] 10 percent of the assessed valuation of all property in the county for the year in which the bonds shall be issued.

      Sec. 7.  Chapter 710 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 12, inclusive, of this act.

      Sec. 8.  1.  Proceedings to sell or lease a county-owned telephone system may be instituted either by:

      (a) Twenty-five percent or more of the freeholders of the county filing a petition with the board of county commissioners requesting the sale or lease of the system; or

      (b) The adoption of a resolution by the board of county commissioners proposing to sell or lease the system.

      2.  After receipt of a petition provided for in paragraph (a) of subsection 1, the board of county commissioners shall cause the proposal contained in the petition to be placed upon the ballot of the next general election for acceptance or rejection by the registered voters of the county.


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

ê1963 Statutes of Nevada, Page 542 (Chapter 299, SB 182)ê

 

      3.  The resolution adopted pursuant to the provisions of paragraph (b) of subsection 1 shall:

      (a) Call an election for submission of the question of the sale or lease of the system;

      (b) Designate whether the election shall be consolidated with the next general election, or shall be a special election which the board of county commissioners is authorized to call; and

      (c) Fix the date of the election.

      Sec. 9.  1.  If the question of the sale or lease of the county-owned telephone system is submitted at a general election, no notice of registration of electors is required other than that required by the general election laws for such election. If the question is submitted at a special election, the county clerk shall cause to be published at least once a week for 5 consecutive weeks by five weekly insertions a week apart, the first publication to be not more than 60 days nor less than 45 days next preceding the election, in a newspaper published within the county 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 provided in this section.

      2.  Except as provided in this subsection, 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. 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 Sunday and any legal holidays excepted.

      3.  The office of the county clerk shall be opened for registration of voters for such special election from and including the 20th day next preceding such election and up to but excluding the 10th day next preceding such election and during regular office hours.

      Sec. 10.  1.  If the resolution adopted pursuant to paragraph (b) of subsection 1 of section 8 calls a special election, the county clerk shall cause a notice of the election to be published in some newspaper printed in and having a general circulation in the county 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.

      2.  The notice of the special election shall contain:

      (a) The time and places 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.

      (c) A statement of the question in substantially the same form as it will appear on the ballots.

      Sec. 11.  1.  The county clerk may consolidate or otherwise modify voting precincts, shall designate the polling places, shall appoint officers of the election for each precinct in such number as he may determine, and shall fix their duties and compensation.


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

ê1963 Statutes of Nevada, Page 543 (Chapter 299, SB 182)ê

 

      2.  Any qualified elector who is properly registered shall be qualified to vote at the special election.

      Sec. 12.  1.  If at the general or special election it is shown that a majority of the ballots cast favors the sale or lease of the telephone system, three disinterested persons shall be appointed by the district judge of the county to make a true and correct appraisement of the gross value of the telephone system.

      2.  Upon the return of the appraisement, the board of county commissioners shall advertise the sale or lease, for a term of years agreed upon by the board, of such telephone system by notice published at least once a week for 5 consecutive weeks by five weekly insertions a week apart in a newspaper published within the county and having a general circulation therein. The notice shall require sealed bids, to be accompanied by a certified check for at least 5 percent of the sum bid, to be deposited with the county clerk of the county on or before the date stated in the notice. If the notice is for the sale of the telephone system, no bids shall be accepted by the board of county commissioners for a sum less than the amount of the appraisement of the telephone system. If the notice is for the lease of the telephone system, no bids shall be accepted by the board of county commissioners for a sum less than an amount to realize not less than 7 percent per annum upon the value of the telephone system as so appraised. If the telephone system is leased, the board shall safeguard the county’s interest by demanding a bond for the faithful performance of the covenants contained in the lease. The board may reject any and all bids made for such sale or lease.

      Sec. 13.  NRS 710.150 is hereby repealed.

      Sec. 14.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 300, AB 489

Assembly Bill No. 489–Committee on Judiciary

CHAPTER 300

AN ACT to amend NRS sections 125.070 and 125.110, relating to the use of juries and verdicts of juries in divorce proceedings, by providing that all questions of law and fact in such proceedings shall be determined by the judge of the court; by eliminating references to jury verdicts in such sections; and by providing other matters properly relating thereto.

 

[Approved April 9, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 125.070 is hereby amended to read as follows:

      125.070  [Either party, on application to the court, may be entitled, at the trial, to have the issue of fact involved in such case and presented by the pleadings tried by a jury, in accordance with the general rules covering the trial of civil actions in the district court. The jury, however, shall not consider nor determine any issue as to the custody or support of minor and dependent children, or of property matters or rights, or as to the right of the wife to alimony, but all such issues and matters shall be determined solely by the judge of the court.]


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

ê1963 Statutes of Nevada, Page 544 (Chapter 300, AB 489)ê

 

as to the custody or support of minor and dependent children, or of property matters or rights, or as to the right of the wife to alimony, but all such issues and matters shall be determined solely by the judge of the court.] The judge of the court shall determine all questions of law and fact arising in any divorce proceeding under the provisions of this chapter.

      Sec. 2.  NRS 125.110 is hereby amended to read as follows:

      125.110  1.  In any action for divorce, the following papers and pleadings in the action shall be open to public inspection in the clerk’s office:

      (a) In case the complaint is not answered by the defendant, the summons, with the affidavit or proof of service; the complaint with memorandum endorsed thereon that the default of the defendant in not answering was entered, and the judgment; and in case where service is made by publication, the affidavit for publication of summons and the order directing the publication of summons.

      (b) In all other cases, the pleadings, the [verdict of the jury, or] finding of the court, any order made on motion as provided in Nevada Rules of Civil Procedure, and the judgment.

      2.  All other papers, records, proceedings and evidence, including exhibits and transcript of the testimony, shall, upon the written request of either party to the action, filed with the clerk, be sealed and shall not be open to inspection except to the parties or their attorneys, or when required as evidence in another action or proceeding.

 

________

 

 

CHAPTER 301, SB 213

Senate Bill No. 213–Committee on Judiciary

CHAPTER 301

AN ACT to amend NRS sections 282.230, 282.240, 282.280, 282.300, 282.320 and 282.330, relating to the bond trust fund, conditions in surety bonds of public officials, payment and disposition of premiums on such bonds, and the procedure for restitution in case of losses caused by the breach of conditions in such bonds, by providing that the bond trust fund shall cover losses resulting from certain acts of God, nature, fire, theft and other causes; by providing that such bonds shall not assure against losses caused by tortious misconduct or other wrongful acts; by making it permissive, rather than mandatory, for public officials to apply to the state board of examiners for surety bonds; by establishing a minimum for the premium on such bonds; by providing that no premiums or interest in the bond trust fund may be distributed to the state general fund; and by providing other matters properly relating thereto.

 

[Approved April 9, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 282.230 is hereby amended to read as follows:

      282.230  1.  There is hereby created a fund to be known as the bond trust fund.


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

ê1963 Statutes of Nevada, Page 545 (Chapter 301, SB 213)ê

 

      2.  The purpose of the bond trust fund is to assure the State of Nevada and the several counties, townships, incorporated cities and irrigation districts thereof against loss through defalcation, misappropriation or negligent loss of public funds [, tortious misconduct or other wrongful acts] by state or county officials, or officials of townships, incorporated cities or irrigation districts in the State of Nevada, whose official duties have to do with the handling of funds of the state, counties, townships, incorporated cities or irrigation districts and who are required by law to furnish personal or surety bonds [.] , and also against loss resulting from failure of such officials faithfully to perform the duties of their offices.

      Sec. 2.  NRS 282.240 is hereby amended to read as follows:

      282.240  1.  Every state, county and township official and his deputy, and officials of incorporated cities and irrigation districts and their deputies, in the State of Nevada, required by law in his or their official capacity to furnish a surety bond or bonds, and any employee of any county, township, incorporated city or irrigation district required by order of the board of county commissioners of any county or the governing board of any incorporated city or any irrigation district to furnish a surety bond or bonds, [shall] may apply to the state board of examiners for surety.

      2.  If, upon investigation by the state board of examiners, the applicant is found to be of good moral character, enjoys a reputation for honesty and integrity, and has never been denied a surety bond for personal reasons, the state board of examiners shall issue a surety bond to him. The bond shall be patterned according to instruments of this nature and to meet the provisions of NRS 282.230 to 282.350, inclusive.

      3.  The bond shall have full force and effect as a surety bond against defalcation, misappropriation or negligent loss of public funds, [tortious misconduct or other wrongful acts] and shall serve all purposes of bonds required by law from state and county officials and officials of incorporated cities, townships or irrigation districts in the State of Nevada.

      Sec. 3.  NRS 282.280 is hereby amended to read as follows:

      282.280  1.  Surety bonds issued under the provisions of NRS 282.230 to 282.350, inclusive, shall be understood to be conditioned upon faithful performance of duty and upon assurance against losses through misappropriation or defalcation in breach of trust or negligent loss of public funds. [, or tortious misconduct or other wrongful acts.]

      2.  Surety bonds issued under the provisions of NRS 282.230 to 282.350, inclusive, shall [not] apply to losses resulting from acts of God or nature, fire, burglary, holdup or other cause over which the person bonded exercised no control or influence. [, was free from participation therein, and provided he exercised reasonable diligence in safeguarding the funds and securities committed to his care.]

      Sec. 4.  NRS 282.300 is hereby amended to read as follows:

      282.300  1.  In the case of county and township officials, each county shall pay from the county general fund into the state treasury at the rate of not less than $5 per $1,000 annually, premiums on all such surety bonds issued to its officials.


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

ê1963 Statutes of Nevada, Page 546 (Chapter 301, SB 213)ê

 

shall pay from the county general fund into the state treasury at the rate of not less than $5 per $1,000 annually, premiums on all such surety bonds issued to its officials.

      2.  In the case of city officials, each city shall pay from the city general fund into the state treasury, at the rate of not less than $5 per $1,000 annually, premiums on all such surety bonds issued to its officials.

      3.  In the case of state officials, the state shall pay from the state general fund into the state treasury, at the rate of not less than $5 per $1,000 annually, premiums on surety bonds issued to its officials.

      4.  In the case of irrigation district officials, each irrigation district shall pay from its general fund into the state treasury, at the rate of not less than $5 per $1,000 annually, premiums on all such surety bonds issued to its officials.

      Sec. 5.  NRS 282.320 is hereby amended to read as follows:

      282.320  1.  The state board of finance shall:

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

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

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

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

      Sec. 6.  NRS 282.330 is hereby amended to read as follows:

      282.330  1.  Losses to counties which might occur from defalcation, misappropriation or negligent loss of public funds [, tortious misconduct or other wrongful acts] or from failure faithfully to perform the duties of his office on the part of a county or township official shall be reported by the district attorney of that county to the state board of examiners.

      2.  Losses to cities which might occur from defalcation, misappropriation or negligent loss of public funds [, tortious misconduct or other wrongful acts] or from failure faithfully to perform the duties of his office on the part of a city official shall be reported by the city attorney of that city to the state board of examiners.


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

ê1963 Statutes of Nevada, Page 547 (Chapter 301, SB 213)ê

 

of his office on the part of a city official shall be reported by the city attorney of that city to the state board of examiners.

      3.  In the case of the state, any losses shall be reported to the state board of examiners by the attorney general.

      4.  In the case of an irrigation district, any losses shall be reported to the state board of examiners by the board of directors of the irrigation district.

      5.  In each case the state board of examiners shall make, or cause to be made, a full investigation. If, from the investigation, the state board of examiners determines that the loss comes under the conditions of the surety bond, the state board of examiners shall order that restitution be made in the following manner:

      (a) If there be a sufficient amount in the bond trust fund to cover the loss, the state controller shall be authorized and directed to draw a warrant on the bond trust fund for the full amount of the loss as covered by the surety bond, in the manner in which claims against the state are usually paid, and the state treasurer shall pay the warrant.

      (b) If there are insufficient funds in the bond trust fund to cover the loss, then the state controller shall draw a warrant for the full amount in the bond trust fund for the purpose of making restitution in part, and he shall report the condition of the bond trust fund to the governor. The governor shall take the necessary steps to have the balance due included in the budget, and report to the next succeeding legislature. When the balance is thus secured, the restitution shall be completed.

 

________

 

 

CHAPTER 302, AB 509

Assembly Bill No. 509–Committee on State, County and City Affairs

CHAPTER 302

AN ACT to amend an act entitled “An Act to create a water district in the Las Vegas valley, Clark County, Nevada; to provide for the procurement, storage, distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the ground-water resources of the Las Vegas valley, and to create authority to purchase, acquire, and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto,” approved March 27, 1947.

 

[Approved April 10, 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 167, Statutes of Nevada 1947, as last amended by chapter 425, Statutes of Nevada 1955, at page 872, is hereby amended to read as follows:


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

ê1963 Statutes of Nevada, Page 548 (Chapter 302, AB 509)ê

 

      Section 1.  A water district may be created in the Las Vegas valley, as hereinafter provided for, for the following objects and purposes:

      1.  To have perpetual succession.

      2.  To sue and be sued in the name of said district in all actions and proceedings in all courts and tribunals of competent jurisdiction.

      3.  To adopt a seal and alter it at pleasure.

      4.  To take by grant, purchase, gift, devise, or lease, or otherwise, and to hold, use, enjoy, and to lease, or dispose of real or personal property of every kind within or without the district necessary or convenient to the full exercise of its power.

      5.  To acquire, by purchase, lease, construction, or otherwise, or contract to acquire, lands, rights of way, easements, privileges, and property of every kind, whether real or personal, and to construct, maintain, and operate any and all works or improvements within or without the district necessary or proper to carry out any of the objects or purposes of this act, and to complete, extend, add to, repair, or otherwise improve any works or improvements or property acquired by it as authorized by this act.

      6.  To store water in surface or underground reservoirs within the district for the common benefit of the district; to conserve and reclaim water for present and future use within the district; to appropriate and acquire water and water rights, and import water into the district, and to conserve same within the district, for any useful purpose to the district; to commence, maintain, intervene in, and compromise in the name of the district, or otherwise, and to assume the costs and expenses of any action or proceeding involving or affecting the ownership or use of waters or water rights within the district used or useful for any purpose of the district or of common benefit to any land situated therein, or involving the wasteful use of water therein; to commence, maintain, intervene in, defend, and compromise, and to assume the cost and expenses of, any and all actions and proceedings now or hereafter begun; to prevent interference with or diminution of; to prevent contamination, pollution or otherwise rendering unfit for beneficial use of the surface or subsurface water used in said district, and to commence, maintain, and defend actions and proceedings to prevent any such interference with the aforesaid waters as may endanger or damage the inhabitants, lands or use of water in the district.

      7.  To have and exercise in the State of Nevada the right of eminent domain, either within or without said district, and in the manner provided by law for the condemnation of private property for public use, to take any property necessary to carry out any of the objects or purposes of this act, whether such property be already devoted to the same use by any district or other public corporation or agency or otherwise, and to condemn any existing works or improvements in said district now or hereafter used. The power of eminent domain vested in the board of directors of said district shall include the power to condemn, in the name of the district, either the fee simple or any lesser estate or interest in any real property which said board by resolution shall determine is necessary for carrying out the purposes of this act.


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

ê1963 Statutes of Nevada, Page 549 (Chapter 302, AB 509)ê

 

any lesser estate or interest in any real property which said board by resolution shall determine is necessary for carrying out the purposes of this act. Such resolution shall be prima-facie evidence that the taking of the fee simple or easement, as the case may be, is necessary.

      8.  To enter upon any land, to make surveys and locate the necessary works of improvement and the lines for channels, conduits, canals, pipelines, roadways, and other rights of way; to acquire by purchase, lease, contract, condemnation, gift, or other legal means, all lands and water and water rights and other property necessary or convenient for the construction, use, supply, maintenance, repair, and improvement of said works, including works constructed and being constructed by private owners, lands for reservoirs for storage of necessary water, and all necessary appurtenances, and also where necessary or convenient to said end, and for said purposes and uses, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions, or rights; to enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county, district of any kind, public or private corporation, association, firm or individual, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair, or operation of any rights, works, or other property of a kind which might be lawfully acquired or owned by said water district; to acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the district; to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the district, or to carry such water through any tunnel, canal, ditch, or conduit of the district; to enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or individual, or any number of them, for the transfer or delivery to any such district, corporation, association, firm, or individual of any water right or water pumped, stored, appropriated, or otherwise acquired or secured for the use of the said district, or for the purpose of exchanging the same for other water, water right, or water supply in exchange for water, water right, or water supply to be delivered to said district by the other party to said agreement; to cooperate with, and to act in conjunction with, the State of Nevada, or any of its engineers, officers, boards, commissions, departments, or agencies, or with the government of the United States, or any of its engineers, officers, boards, commissions, departments, or agencies, or with any public or private corporation, in the construction of any work for the importation and distribution of water of said district, or for the protection of life or property therein, or for the purpose of conserving said waters for beneficial use within said district, or in any other works, acts, or purposes provided for herein, and to adopt and carry out any definite plan or system of work for any such purpose.


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

ê1963 Statutes of Nevada, Page 550 (Chapter 302, AB 509)ê

 

      9.  To carry on technical and other investigations of all kinds, make measurements, collect data, and make analyses, studies, and inspections pertaining to water supply, water rights, control of floods and use of water, both within and without said district, and for this purpose said district shall have the right of access through its authorized representative to all lands and premises within said district.

      10.  To incur indebtedness and to issue bonds in the manner herein provided.

      11.  To cause taxes to be levied and collected for the purpose of paying any obligation of the district during its organizational state, including necessary engineering costs and further to assist in the operational expenses of said district until such taxes are no longer required therefor.

      12.  To supplement the ground-water resources of Las Vegas valley by the importation and use of the waters of Lake Mead, under the Nevada allocation, for industrial, irrigation, municipal, and domestic uses.

      13.  To make contracts, and to employ labor, and to do all acts necessary for the full exercise of all powers vested in said district, or any of the officers thereof, by this act.

      14.  To supply water under contract, agreement, or in other legal manner to the United States of America, or any department thereof, the State of Nevada, Clark County, and any city, town, corporation, individual, association, or partnership situated within Clark County, Nevada, for an appropriate charge, consideration, or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the primary functions and operations of the district.

      15.  To have the right to provide from revenues or other available funds an adequate depreciation fund for the replacement of parts of the works and properties of the district.

      16.  To create assessment districts for the purpose of extending mains, improving distribution systems, and acquiring presently operating private water companies and mutual water distributing systems.

      Sec. 2.  The above-entitled act, being chapter 167, Statutes of Nevada 1947, at page 553, is hereby amended by adding thereto a new section to be designated section 9.1, which shall immediately follow section 9 and shall read as follows:

      Section 9.1.  On or before June 1, 1963, and thereafter on or before June 1 of each year following a year in which the Federal Government makes a census enumeration of the entire area encompassed by the district, the board of directors of the district shall redesignate the boundaries of the seven divisions thereof in order that all divisions will be as nearly equal in population as practicable.

      Sec. 3.  Section 13 of the above-entitled act, being chapter 167, Statutes of Nevada 1947, at page 564, is hereby amended to read as follows:

      Section 13.  The members of the board of directors shall each receive [fifteen] not more than twenty-five dollars per day, as determined by the board of directors, and actual traveling expenses for each day spent attending meetings of said board or while engaged in official business under the order of the board [.]


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

ê1963 Statutes of Nevada, Page 551 (Chapter 302, AB 509)ê

 

each day spent attending meetings of said board or while engaged in official business under the order of the board [.] , but compensation, exclusive of traveling expenses, shall not exceed one hundred dollars in any month for any member. The board shall fix the compensation to be paid to the other officers named in this act; provided, that said board shall, upon the petition of a majority of the electors within such district, submit to the electors at any general election of said district a schedule of salaries and fees to be paid the directors and officers thereof. Such petition shall be presented to the board twenty days prior to such general election, and a schedule fee submitted upon a two-thirds vote therefor shall be put into effect upon the first of the month next ensuing.

      Sec. 4.  Section 23 of the above-entitled act, being chapter 167, Statutes of Nevada 1947, as added by chapter 130, Statutes of Nevada 1949, at page 216, is hereby amended to read as follows:

      Section 23.  That all proceedings heretofore had in connection with the creation of the Las Vegas valley water district and in the organization of its board of directors, including specifically the petition filed for the creation of the district, the order entered by the board of county commissioners of Clark County, Nevada, on August 30, 1948, creating said district, the election held therein on October 19, 1948, at which such creation was approved by the voters, the proceedings had by the board of county commissioners on November 3, 1948, canvassing such election results and confirming the creation of such district, and the proceedings had by the board of directors of such district on November 4, 1948, organizing as the governing body of the district are, despite any irregularities which may have occurred therein and despite any failure which may have occurred to comply with pertinent statutory provisions, hereby legalized, ratified, validated and confirmed, and the Las Vegas valley water district is hereby declared to be a validly created and legally existing district under the provisions of chapter 167, Statutes of Nevada 1947, as amended, with the following boundaries: [Beginning at the NW corner of section 6, township 19 south, range 60 east; thence running south 9 miles to the SW corner of section 18, township 20 south, range 60 east; thence east 3 miles to the SW corner of section 15, township 20 south, range 60 east; thence south 3 miles to the SW corner of section 34, township 20 south, range 60 east; thence westerly along the fifth standard parallel south to the NW corner of section 3, township 21 south, range 60 east; thence south 9 miles to the SW corner of section 15, township 22 south, range 60 east; thence east 15 miles to the SE corner of section 13, township 22 south, range 62 east; thence south 1 mile to the SW corner of section 19, township 22 south, range 63 east; thence east 2 miles to the SE corner of section 20, township 22 south, range 63 east; thence north 4 miles to the NE corner of section 5, township 22 south, range 63 east; thence east 1 mile to the SE corner of section 33, township 21 south, range 63 east; thence north 2 miles to the NE corner of section 28, township 21 south, range 63 east; thence west 4 miles to the SE corner of section 23, township 21 south, range 62 east; thence north 4 miles to the NE corner of section 2, township 21 south, range 62 east; thence east along the fifth standard parallel south to the SE corner of section 35, township 20 south, range 62 east; thence north 9 miles to the NE corner of section 23, township 19 south, range 62 east; thence west 11 miles to the SE corner of section 13, township 19 south, range 60 east; thence north 3 miles to the NE corner of section 1, being also the NE corner of township 19 south, range 60 east; thence west 6 miles to the place of beginning, the NW corner of township 19 south, range 60 east.


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

ê1963 Statutes of Nevada, Page 552 (Chapter 302, AB 509)ê

 

62 east; thence east along the fifth standard parallel south to the SE corner of section 35, township 20 south, range 62 east; thence north 9 miles to the NE corner of section 23, township 19 south, range 62 east; thence west 11 miles to the SE corner of section 13, township 19 south, range 60 east; thence north 3 miles to the NE corner of section 1, being also the NE corner of township 19 south, range 60 east; thence west 6 miles to the place of beginning, the NW corner of township 19 south, range 60 east.

      The above description includes all of township 19 south, range 60 east, sections 1-18, 22-27, and 34-36, inclusive, of township 20 south, range 60 east; sections 1-3, 10-15, 22-27, and 34-36, inclusive, of township 21 south, range 60 east; sections 1-3 and 10-15, inclusive, of township 22 south, range 60 east; sections 19-36, inclusive, township 19 south, range 61 east; all of township 20 south, range 61 east; all of township 21 south, range 61 east; and sections 1-18, inclusive, township 22 south, range 61 east; sections 19-23 and 26-35, inclusive, township 19 south, range 62 east; sections 2-11, 14-23, and 26-35, inclusive, township 20 south, range 62 east; sections 2-11, 14-23, and 25-36, inclusive, township 21 south, range 62 east; sections 1-18, inclusive, township 22 south, range 62 east; sections 28-33, inclusive, of township 21 south, range 63 east; sections 5-8 and 17-20, inclusive, of township 22 south, range 63 east;] Beginning at the NW corner of section 6, T. 19 S., R. 60 E.; thence running south 12 miles to the SW corner of section 31, T. 20 S., R. 60 E.; thence westerly along the 5th standard parallel S. to the NE corner of section 1, T. 21 S., R. 60 E.; thence south 9 miles to the SW corner of section 18, T. 22 S., R. 62 E.; thence east 18 miles to the SE corner of T. 22 S., R. 62 E.; thence south 1 mile to the SW corner of section 19, T. 22 S., R. 63 E.; thence east 2 miles to the SE corner of section 20, T. 22 S., R. 63 E.; thence north 4 miles to the NE corner of section 5, T. 22 S., R. 63 E.; thence east 1 mile to the SE corner of section 33, T. 21 S., R. 63 E.; thence north 2 miles to the NE corner of section 28, T. 21 S., R. 63 E.; thence west 4 miles to the SE corner of section 23, T. 21 S., R. 62 E.; thence north 4 miles to the NE corner of section 2, T. 21 S., R. 62 E.; thence east along the fifth standard parallel south to the SE corner of section 35, T. 20 S., R. 62 E.; thence north 9 miles to the NE corner of section 23, T. 19 S., R. 62 E.; thence west 11 miles to the SE corner of section 13, T. 19 S., R. 60 E.; thence north 3 miles to the NE corner of section 1, being also the NE corner of T. 19 S., R. 60 E.; thence west 6 miles to the place of beginning, the NW corner of T. 19 S., R. 60 E.

      The above description includes all of T. 19 S., R. 60 E.; all of T. 20 S., R. 60 E.; all of T. 21 S., R. 60 E.; and all of the north one-half of T. 22 S., R. 60 E.; all of T. 19 S., R. 61 E.; all of T. 20 S., R. 61 E.; all of T. 21 S., R. 61 E., and sections 1-18, inclusive, T. 22 S., R. 61 E.; sections 19-23 and 26-35, inclusive, T. 19 S., R. 62 E.; sections 2-11, 14-23, and 26-35, inclusive, T. 20 S., R. 62 E.; sections 2-11, 14-23 and 25-36, inclusive, T. 21 S., R. 62 E.; sections 1-18, inclusive, T. 22 S., R. 62 E.; sections 28-33, inclusive, of T. 21 S., R. 63 E.; sections 5-8 and 17-20, inclusive, of T. 22 S., R. 63 E.;


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

ê1963 Statutes of Nevada, Page 553 (Chapter 302, AB 509)ê

 

and the governing body thereof is hereby declared to be a board of directors consisting of Harry Miller, president, Thomas Campbell, vice president, Spencer Butterfield, secretary-treasurer, Victor Shurtliff, member, E. O. Underhill, member, James Cashman, member, John Bunch, member, as so created, and under said board of directors and the successors thereto elected as provided in chapter 167 aforesaid, said district is hereby authorized to carry out all of the powers imposed in it by the provisions of chapter 167 aforesaid as it now exists and as it may hereafter be amended.

      Sec. 5.  The above-entitled act, being chapter 167, Statutes of Nevada 1947, at page 553, is hereby amended by adding thereto a new section to be designated section 23.1, which shall immediately follow section 23 and shall read as follows:

      Section 23.1  1.  The boundaries of the district may be enlarged by the inclusion of additional real property in the manner provided in this section.

      2.  Persons constituting all the fee owners of real property in an area lying outside of the district desiring to be served water may petition the board of directors to include such area within the district. The petition shall:

      (a) Set forth an accurate legal description of the property to be included in the district.

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

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

      3.  After consideration of the petition by the board of directors, the petition shall not be withdrawn and no objections shall be considered except in case of fraud or misrepresentation.

      4.  The board of directors shall hear the petition at an open meeting after publishing a notice of the filing of the petition, of the place, time and date of the meeting, and of the names and addresses of the petitioners. The board of directors shall grant or deny the petition, and the action of the board of directors shall be final and conclusive. If the petition is granted as to all or any of the real property therein described, the board of directors shall make an order to that effect.

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

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 554ê

 

CHAPTER 303, AB 124

Assembly Bill No. 124–Committee on Banking, Insurance and Corporations

CHAPTER 303

AN ACT to amend chapter 692 of NRS, relating to accident and health insurance, by adding new sections providing for the issuing of blanket accident and sickness insurance policies covering certain groups of persons; setting forth minimum required provisions to be included in any such policy; eliminating the necessity of individual applications therefor; and providing for the payment of benefits; to amend NRS section 692.060, relating to group accident and health insurance, by restricting coverage of certain partners and corporate officers; and providing other matters properly relating thereto.

 

[Approved April 10, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 692 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  Blanket accident and sickness insurance is hereby declared to be the form of accident or sickness insurance, or both, covering groups of persons enumerated in this section under a policy or contract issued to:

      1.  A common carrier or an operator, owner or lessee of a means of transportation, who or which shall be deemed the policyholder, covering a group of persons who may become passengers defined by reference to their travel status on such common carrier or such means of transportation.

      2.  An employer, who shall be deemed the policyholder, covering any group of employees, dependents or guests, defined by reference to specified hazards incident to an activity or activities or operations of the policyholder.

      3.  A college, school or other institution of learning, a school district or districts, or school jurisdictional unit, or the head, principal or governing board of any such educational unit, who or which shall be deemed the policyholder, covering students, teachers or employees.

      4.  A religious, charitable, recreational, educational or civic organization, or branch thereof, which shall be deemed the policyholder, covering any group of members or participants defined by reference to specified hazards incident to an activity or activities or operations sponsored or supervised by such policyholder.

      5.  A sports team, camp or sponsor thereof, which shall be deemed the policyholder, covering members, campers, employees, officials or supervisors.

      6.  A volunteer fire department, first aid, civil defense, or other such volunteer organization, which shall be deemed the policyholder, covering any group of members or participants defined by reference to specified hazards incident to an activity or activities or operations sponsored or supervised by such policyholder.

      7.  A newspaper or other publisher, which shall be deemed the policyholder, covering its carriers.

      8.  An association, including a labor union, 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, which shall be deemed the policyholder, covering any group of members or participants defined by reference to specified hazards incident to an activity or activities or operations sponsored or supervised by such policyholder.


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

ê1963 Statutes of Nevada, Page 555 (Chapter 303, AB 124)ê

 

good faith for purposes other than that of obtaining insurance, which shall be deemed the policyholder, covering any group of members or participants defined by reference to specified hazards incident to an activity or activities or operations sponsored or supervised by such policyholder.

      9.  Cover any other risk or class of risks which, in the discretion of the commissioner, may be properly eligible for blanket accident and sickness insurance. The discretion of the commissioner may be exercised on an individual risk basis or class of risks, or both.

      Sec. 3.  Any insurer authorized to write accident and sickness insurance in this state may issue blanket accident and sickness insurance. No such blanket policy may be issued or delivered in this state unless a copy of the form thereof has been filed and approved by the commissioner. Every such blanket policy shall contain provisions which in the opinion of the commissioner are not less favorable to the policyholder and the individual insured than the following:

      1.  A provision that the policy, including endorsements and a copy of the application, if any, of the policyholder and the persons insured constitutes the entire contract between the parties, that any statement made by the policyholder or by a person insured shall, in the absence of fraud, be deemed a representation and not a warranty, and that no such statements shall be used in defense to a claim under the policy, unless contained in a written application. Such person, his beneficiary or assignee, shall have the right to make written request to the insurer for a copy of such application, and the insurer shall, within 15 days after the receipt of such request at its home office or any branch office of the insurer, deliver or mail to the person making such request a copy of such application. If such copy is not so delivered to mailed, the insurer shall be precluded from introducing such application as evidence in any action based upon or involving any statements contained therein.

      2.  A provision that written notice of sickness or of injury must be given to the insurer within 20 days after the date when such sickness or injury occurred. Failure to give notice within such time shall not invalidate or reduce any claim if it is shown not to have been reasonably possible to give such notice and that notice was given as soon as reasonably possible.

      3.  A provision that the insurer will furnish either to the claimant or to the policyholder for delivery to the claimant such forms as are usually furnished by it for filing proof of loss. If such forms are not furnished before the expiration of 15 days after giving of such notice, the claimant shall be deemed to have complied with the requirements of the policy as to proof of loss upon submitting, within the time fixed in the policy for filing proof of loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made.

      4.  A provision that in the case of claim for loss of time for disability, written proof of such loss must be furnished to the insurer within 90 days after the commencement of the period for which the insurer is liable, that subsequent written proofs of the continuance of such disability must be furnished to the insurer at such intervals as the insurer may reasonably require, and that in the case of claim for any other loss, written proof of such loss must be furnished to the insurer within 90 days after the date of such loss.


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

ê1963 Statutes of Nevada, Page 556 (Chapter 303, AB 124)ê

 

of such disability must be furnished to the insurer at such intervals as the insurer may reasonably require, and that in the case of claim for any other loss, written proof of such loss must be furnished to the insurer within 90 days after the date of such loss. Failure to furnish such proof within such time shall not invalidate or reduce any claim if it is shown not to have been reasonably possible to furnish such proof and that such proof was furnished as soon as was reasonably possible.

      5.  A provision that all benefits payable under the policy other than benefits for loss of time will be payable immediately upon receipt of due written proof of such loss, that, subject to due proof of loss, all accrued benefits payable under the policy for loss of time will be paid not less frequently than monthly during the continuance of the period for which the insurer is liable, and that any balance remaining unpaid at the termination of such period will be paid immediately upon receipt of such proof.

      6.  A provision that the insurer, at its own expense, shall have the right and opportunity to examine the person of the insured when and so often as it may reasonably require during the pendency of claim under the policy and also the right and opportunity to make an autopsy where it is not prohibited by law.

      7.  A provision that no action at law or in equity shall be brought to recover under the policy prior to the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements of the policy and that no such action shall be brought after the expiration of 3 years after the time written proof of loss is required to be furnished.

      Sec. 4.  An individual application need not be required from a person covered under a blanket accident and sickness policy or contract, nor shall it be necessary for the insurer to furnish each person a certificate.

      Sec. 5.  Except as otherwise provided in this section, all benefits under any blanket accident and sickness policy or contract shall be payable to the person insured, to his designated beneficiary or beneficiaries, or to his estate, except that if the person insured is a minor or otherwise not competent to give a valid release, such benefits may be made payable to his parent, guardian or other person actually supporting him. The policy may provide that all or a portion of any indemnities provided by any such policy on account of hospital, nursing, medical or surgical services may, at the option of the insurer and unless the insured requests otherwise in writing not later than the time of filing of proofs of such loss, be paid directly to the hospital or person rendering such services, but the policy may not require that the service be rendered by a particular hospital or person. Payment so made shall discharge the obligation of the insurer with respect to the amount of insurance so paid.

      Sec. 6.  Nothing contained in sections 2 to 5, inclusive, of this act shall be deemed to affect the legal liability of policyholders for death of or injury to any member insured under a blanket insurance policy.


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

ê1963 Statutes of Nevada, Page 557 (Chapter 303, AB 124)ê

 

death of or injury to any member insured under a blanket insurance policy.

      Sec. 7.  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. No director of a corporate employer or any partner in a partnership shall be eligible for insurance under the policy unless such person is otherwise eligible by being actively engaged in and devoting a substantial part of his time to the conduct of the business of the corporation or partnership. “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.

      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.


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

ê1963 Statutes of Nevada, Page 558 (Chapter 303, AB 124)ê

 

      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 304, AB 501

Assembly Bill No. 501–Committee on Ways and Means

CHAPTER 304

AN ACT providing an additional and supplemental appropriation from the general fund in the state treasury for the support of the Nevada youth training center for the fiscal year ending June 30, 1963.

 

[Approved April 10, 1963]

 

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

do enact as follows:

 

      Section 1.  For the fiscal year ending June 30, 1963, there is hereby appropriated from the general fund in the state treasury the sum of $30,679 for the support of the Nevada youth training center as an additional and supplemental appropriation to that allowed and made by section 39 of chapter 316, Statutes of Nevada 1961.

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

 

________

 

 

CHAPTER 305, SB 244

Senate Bill No. 244–Committee on Aviation, Transportation and Highways

CHAPTER 305

AN ACT to amend chapter 408 of NRS, relating to highway and roads, by adding a new section defining terms, authorizing the department of highways to make relocation payments in connection with federal aid highway projects; specifying limits on such payments; and providing other matters properly relating thereto.

 

[Approved April 10, 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.  As used in this section:

      (a) “Eligible person” means any individual, family, business concern, including the operation of a farm, or nonprofit organization, which has occupied, either as the owner or as a tenant, real property acquired or to be acquired for a federal aid highway project in this state for at least 60 days prior to the date the engineer gives written notice to the record owner that the property is to be acquired for a federal aid highway project.


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

ê1963 Statutes of Nevada, Page 559 (Chapter 305, SB 244)ê

 

state for at least 60 days prior to the date the engineer gives written notice to the record owner that the property is to be acquired for a federal aid highway project.

      (b) “Relocation payment” means payment of or reimbursement for reasonable and necessary moving expenses, or payment of fixed amounts in lieu of reasonable and necessary moving expenses.

      (c) “Moving expenses” means the actual cost of transporting the personal property of a displaced person or business to a new location, but does not include incidental expenses, damages to property, or loss of property resulting from the act of moving.

      2.  Relocation payments shall be made to an eligible person in accordance with the provisions of this section and pursuant to such rules and regulations as shall be prescribed by the board.

      3.  The amount of relocation payments shall be established by the engineer and shall not exceed $200 in the case of an individual or a family, or $3,000 in the case of a business concern, including the operation of a farm, or nonprofit organization.

      4.  In the case of a business, including the operation of a farm, or a nonprofit organization, the allowable expenses for transportation under this section shall not exceed the cost of moving up to 50 miles from the point from which such business or organization is displaced.

      5.  The rules and regulations prescribed by the board may include provisions authorizing payments to individuals and families of fixed amounts, not to exceed $200 in any case, in lieu of reasonable and necessary moving expenses.

      6.  This section shall be inapplicable in any instance where and to whatever extent its applicability would render the state or the department ineligible for reimbursement from federal funds under any existing or subsequent federal laws or amendments thereto.

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

 

________

 

 

CHAPTER 306, AB 212

Assembly Bill No. 212–Committee on Roads, Transportation and Aviation

CHAPTER 306

AN ACT to amend NRS section 482.240, relating to certificates of registration and ownership of motor vehicles, by providing that a title fee of $2 shall be paid by each applicant upon issuance of a certificate of ownership.

 

[Approved April 10, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 482.240 is hereby amended to read as follows:

      482.240  1.  Upon a registration of a vehicle the department shall issue a certificate of registration to the owner and a certificate of ownership to the legal owner, or both to a person who is both owner and legal owner.


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

ê1963 Statutes of Nevada, Page 560 (Chapter 306, AB 212)ê

 

      2.  When an applicant for registration or transfer of registration shall be unable, for any reason, to submit to the department in support of such application for registration, or transfer or registration, such documentary evidence of legal ownership as, in the opinion of the department, is sufficient to establish the legal ownership of the vehicle concerned in the application for registration or transfer of registration, then the department may issue to such applicant only a certificate of registration.

      3.  The department may, upon proof of ownership satisfactory to it, issue a certificate of ownership prior to registration of the vehicle concerned.

      4.  At the time of the issuance of a certificate of ownership, the applicant shall pay a title fee of $2.

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

 

________

 

 

CHAPTER 307, AB 391

Assembly Bill No. 391–Committee on Roads, Transportation and Aviation

CHAPTER 307

AN ACT to amend chapter 484 of NRS, relating to traffic laws, by adding new sections enacting the Vehicle Equipment Safety Compact; defining terms; creating a commission; providing powers; and providing other matters properly relating thereto.

 

[Approved April 10, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  The Vehicle Equipment Safety Compact, as set forth in full in this section, is hereby enacted into law and entered into with all other jurisdictions legally joining therein.

 

Article I

 

Findings and Purposes

 

      (a) The party states find that:

             (1) Accidents and deaths on their streets and highways present a very serious human and economic problem with a major deleterious effect on the public welfare.

             (2) There is a vital need for the development of greater interjurisdictional cooperation to achieve the necessary uniformity in the laws, rules, regulations and codes relating to vehicle equipment, and to accomplish this by such means as will minimize the time between the development of demonstrably and scientifically sound safety features and their incorporation into vehicles.

      (b) The purposes of this compact are to:


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

ê1963 Statutes of Nevada, Page 561 (Chapter 307, AB 391)ê

 

             (1) Promote uniformity in regulation of and standards for equipment.

             (2) Secure uniformity of law and administrative practice in vehicular regulation and related safety standards to permit incorporation of desirable equipment changes in vehicles in the interest of greater traffic safety.

             (3) To provide means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in subdivision (a) of this article.

      (c) It is the intent of this compact to emphasize performance requirements and not to determine the specific detail of engineering in the manufacture of vehicles or equipment except to the extent necessary for the meeting of such performance requirements.

 

Article II

 

Definitions

 

      As used in this compact:

      (a) “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

      (b) “State” means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

      (c) “Equipment” means any part of a vehicle or any accessory for use thereon which affects the safety of operation of such vehicle or the safety of the occupants.

 

Article III

 

The Commission

 

      (a) There is hereby created an agency of the party states to be known as the “Vehicle Equipment Safety Commission” hereinafter called the commission. The commission shall be composed of one commissioner from each party state who shall be appointed, serve and be subject to removal in accordance with the laws of the state which he represents. If authorized by the laws of his party state, a commissioner may provide for the discharge of his duties and the performance of his functions on the commission, either for the duration of his membership or for any lessor period of time, by an alternate. No such alternate shall be entitled to serve unless notification of his identity and appointment shall have been given to the commission in such form as the commission may require. Each commissioner, and each alternate, when serving in the place and stead of a commissioner, shall be entitled to be reimbursed by the commission for expenses actually incurred in attending commission meetings or while engaged in the business of the commission.

      (b) The commissioners shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners, or their alternates, are present.


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

ê1963 Statutes of Nevada, Page 562 (Chapter 307, AB 391)ê

 

only at a meeting at which a majority of the commissioners, or their alternates, are present.

      (c) The commission shall have a seal.

      (d) The commission shall elect annually, from among its members, a chairman, a vice chairman and a treasurer. The commission may appoint an Executive Director and fix his duties and compensation. Such Executive Director shall serve at the pleasure of the commission, and together with the Treasurer shall be bonded in such amount as the commission shall determine. The Executive Director also shall serve as secretary. If there be no Executive Director, the commission shall elect a Secretary in addition to the other officers provided by this subdivision.

      (e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the Executive Director with the approval of the commission, or the commission if there be no Executive Director, shall appoint, remove or discharge such personnel as may be necessary for the performance of the commission’s functions, and shall fix the duties and compensation of such personnel.

      (f) The commission may establish and maintain independently or in conjunction with any one or more of the party states, a suitable retirement system for its full time employees. Employees of the commission shall be eligible for social security coverage in respect of old age and survivor’s insurance provided that the commission takes such steps as may be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.

      (g) The commission may borrow, accept or contract for the services of personnel from any party state, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party states or their subdivisions.

      (h) The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency and may receive, utilize and dispose of the same.

      (i) The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.

      (j) The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. The bylaws shall provide for appropriate notice to the commissioners of all commission meetings and hearings and the business to be transacted at such meetings or hearings. Such notice shall also be given to such agencies or officers of each party state as the laws of such party state may provide.


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

ê1963 Statutes of Nevada, Page 563 (Chapter 307, AB 391)ê

 

agencies or officers of each party state as the laws of such party state may provide.

      (k) The commission annually shall make to the Governor and legislature of each party state a report covering the activities of the commission for the preceding year, and embodying such recommendations as may have been issued by the commission. The commission may make such additional reports as it may deem desirable.

 

Article IV

 

Research and Testing

 

      The commission shall have power to:

      (a) Collect, correlate, analyze and evaluate information resulting or derivable from research and testing activities in equipment and related fields.

      (b) Recommend and encourage the undertaking of research and testing in any aspect of equipment or related matters when, in its judgment, appropriate or sufficient research or testing has not been undertaken.

      (c) Contract for such equipment research and testing as one or more governmental agencies may agree to have contracted for by the commission, provided that such governmental agency or agencies shall make available the funds necessary for such research and testing.

      (d) Recommend to the party states changes in law or policy with emphasis on uniformity of laws and administrative rules, regulations or codes which would promote effective governmental action or coordination in the prevention of equipment-relating highway accidents or the mitigation of equipment-related highway safety problems.

 

Article V

 

Vehicular Equipment

 

      (a) In the interest of vehicular and public safety, the commission may study the need for or desirability of the establishment of or changes in performance requirements or restrictions for any item of equipment. As a result of such study, the commission may publish a report relating to any item or items of equipment, and the issuance of such a report shall be a condition precedent to any proceedings or other action provided or authorized by this article. No less than sixty days after the publication of a report containing the results of such study, the commission upon due notice shall hold a hearing or hearings at such place or places as it may determine.

      (b) Following the hearing or hearings provided for in subdivision (a) of this article, and with due regard for standards recommended by appropriate professional and technical associations and agencies, the commission may issue rules, regulations or codes embodying performance requirements or restrictions for any item or items of equipment covered in the report, which in the opinion of the commission will be fair and equitable and effectuate the purposes of this compact.

      (c) Each party state obligates itself to give due consideration to any and all rules, regulations and codes issued by the commission and hereby declares its policy and intent to be the promotion of uniformity in the laws of the several party states relating to equipment.


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

ê1963 Statutes of Nevada, Page 564 (Chapter 307, AB 391)ê

 

and all rules, regulations and codes issued by the commission and hereby declares its policy and intent to be the promotion of uniformity in the laws of the several party states relating to equipment.

      (d) The commission shall send prompt notice of its action in issuing any rule, regulation or code pursuant to this article to the appropriate motor vehicle agency of each party state and such notice shall contain the complete text of the rule, regulation or code.

      (e) If the constitution of a party state requires, or if its statutes provide, the approval of the legislature by appropriate resolution or act may be made a condition precedent to the taking effect in such party state of any rule, regulation or code. In such event, the commissioner of such party state shall submit any commission rule, regulation or code to the legislature as promptly as may be in lieu of administrative acceptance or rejection thereof by the party state.

      (f) Except as otherwise specifically provided in or pursuant to subdivisions (e) and (g) of this article, the appropriate motor vehicle agency of a party state shall in accordance with its constitution or procedural laws adopt the rule, regulation or code within six months of the sending of the notice, and, upon such adoption, the rule, regulation or code shall have the force and effect of law therein.

      (g) The appropriate motor vehicle agency of a party state may decline to adopt a rule, regulation or code issued by the commission pursuant to this article if such agency specifically finds, after public hearing on due notice, that a variation from the commission’s rule, regulation or code is necessary to the public safety, and incorporates in such finding the reasons upon which it is based. Any such finding shall be subject to review by such procedure for review of administrative determinations as may be applicable pursuant to the laws of the party state. Upon request, the commission shall be furnished with a copy of the transcript of any hearings held pursuant to this subdivision.

 

Article VI

 

Finance

 

      (a) The commission shall submit to the executive head or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that party state for presentation to the legislature thereof.

      (b) Each of the commission’s budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The total amount of appropriations under any such budget shall be apportioned among the party states as follows: one-third in equal shares; and the remainder in proportion to the number of motor vehicles registered in each party state. In determining the number of such registrations, the commission may employ such source or sources of information as in its judgment present the most equitable and accurate comparisons among the party states. Each of the commission’s budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning vehicular registrations.


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

ê1963 Statutes of Nevada, Page 565 (Chapter 307, AB 391)ê

 

      (c) The commission shall not pledge the credit of any party state. The commission may meet any of its obligations in whole or in part with funds available to it under Article III (h) of this compact, provided that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it under Article III (h) hereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.

      (d) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its rules. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual reports of the commission.

      (e) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.

      (f) Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

 

Article VII

 

Conflict of Interest

 

      (a) The commission shall adopt rules and regulations with respect to conflict of interest for the commissioners of the party states, and their alternates, if any, and for the staff of the commission and contractors with the commission to the end that no member or employee or contractor shall have a pecuniary or other incompatible interest in the manufacture, sale or distribution of motor vehicles or vehicular equipment or in any facility or enterprise employed by the commission or on its behalf for testing, conduct of investigations or research. In addition to any penalty for violation of such rules and regulations as may be applicable under the laws of the violator’s jurisdiction of residence, employment or business, any violation of a commission rule or regulation adopted pursuant to this article shall require the immediate discharge of any violating employee and the immediate vacating of membership, or relinquishing of status as a member on the commission by any commissioner or alternate. In the case of a contractor, any violation of any such rule or regulation shall make any contract of the violator with the commission subject to cancellation by the commission.

      (b) Nothing contained in this article shall be deemed to prevent a contractor for the commission from using any facilities subject to his control in the performance of the contract even though such facilities are not devoted solely to work of or done on behalf of the commission; nor to prevent such a contractor from receiving remuneration or profit from the use of such facilities.


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

ê1963 Statutes of Nevada, Page 566 (Chapter 307, AB 391)ê

 

Article VIII

 

Advisory and Technical Committees

 

      The commission may establish such advisory and technical committees as it may deem necessary, membership on which may include private citizens and public officials, and may cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities.

 

Article IX

 

Entry Into Force and Withdrawal

 

      (a) This compact shall enter into force when enacted into law by any six or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.

      (b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

 

Article X

 

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 state or of the United States or 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 participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

      Sec. 3.  The legislature finds that:

      1.  The public safety necessitates the continuous development, modernization and implementation of standards and requirements of law relating to vehicle equipment, in accordance with expert knowledge and opinion.

      2.  The public safety further requires that such standards and requirements be uniform from jurisdiction to jurisdiction, except to the extent that specific and compelling evidence supports variation.

      3.  The department of motor vehicles, acting upon recommendations of the Vehicle Equipment Safety Commission and pursuant to the Vehicle Equipment Safety Compact, provides a just, equitable and orderly means of promoting the public safety in the manner and within the scope contemplated by this act.


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

ê1963 Statutes of Nevada, Page 567 (Chapter 307, AB 391)ê

 

      Sec. 4.  Pursuant to Article V (e) of the Vehicle Equipment Safety Compact, it is the intention of this state and it is hereby provided that no rule, regulation or code issued by the Vehicle Equipment Safety Commission in accordance with Article V of the compact shall take effect until approved by act of the legislature.

      Sec. 5.  The commissioner of this state on the Vehicle Equipment Safety Commission shall be the director of the department of motor vehicles. The commissioner of this state appointed pursuant to this section may designate an alternate from among the officers and employees of his agency to serve in his place and stead on the Vehicle Equipment Safety Commission. Subject to the provisions of the compact and bylaws of the Vehicle Equipment Safety Commission, the authority and responsibilities of such alternate shall be as determined by the commissioner designating such alternate.

      Sec. 6.  Within appropriations available therefor, the departments, agencies and officers of the government of this state may cooperate with and assist the Vehicle Equipment Safety Commission within the scope contemplated by Article III (h) of the compact. The departments, agencies and officers of the government of this state are authorized generally to cooperate with such commission.

      Sec. 7.  Filing of documents as required by Article III (j) of the compact shall be with the secretary of state. Any and all notices required by commission bylaws to be given pursuant to Article III (j) of the compact shall be given to the commissioner of this state, his alternate, if any, and the department of motor vehicles.

      Sec. 8.  Pursuant to Article VI (a) of the compact, the Vehicle Equipment Safety Commission shall submit its budgets to the department of motor vehicles.

      Sec. 9.  Pursuant to Article VI (e) of the compact, the director of the budget is hereby empowered and authorized to inspect the accounts of the Vehicle Equipment Safety Commission.

      Sec. 10.  The term “executive head” as used in Article IX (b) of the compact shall, with reference to this state, mean the governor.

 

________

 

 

CHAPTER 308, SB 150

Senate Bill No. 150–Senator Monroe

CHAPTER 308

AN ACT to amend an act entitled “An Act to incorporate the town of Elko, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 14, 1917, as amended.

 

[Approved April 10, 1963]

 

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

do enact as follows:

 

      Section 1.  Section 19 of Chapter II of the above-entitled act, being chapter 84, Statutes of Nevada 1917, at page 140, is hereby amended to read as follows:


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

ê1963 Statutes of Nevada, Page 568 (Chapter 308, SB 150)ê

 

      Section 19.  The board of supervisors of [said] the city shall be vested with the power and charged with the duty of making all laws or ordinances not inconsistent with the constitution of this state or with this charter touching every object, matter and subject within the local government instituted by this act, and the style of all ordinances shall be: “Be it ordained by the Board of Supervisors of the City of Elko,” but such caption may be omitted when [said] such ordinances are published in book form. [or are revised and digested under order of the board.]

      Sec. 2.  The above-entitled act, being chapter 84, Statutes of Nevada 1917, at page 127, is hereby amended by adding thereto a new section to be designated as section 29.3 of Chapter II, which shall immediately follow section 29 of Chapter II, and shall read as follows:

      Section 29.3.  An ordinance adopting any specialized or uniform building, plumbing or electrical code or codes, printed in book or pamphlet form, or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city, and with such other changes as may be desirable, by reference thereto, without the necessity of reading the same at length as provided in section 29. Such code, upon adoption, need not be published as required by section 29 if an adequate number of copies of such code, either typewritten or printed, with such changes, if any, has been filed for use and examination by the public in the office of the city clerk at least 1 week prior to the passage of the ordinance adopting the code, or any amendment thereto. Notice of such filing shall be given by one publication in a newspaper in the city, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, at least 1 week prior to the passage of the ordinance adopting the code.

      Sec. 3.  The above-entitled act, being chapter 84, Statutes of Nevada 1917, at page 127, is hereby amended by adding thereto a new section to be designated as section 29.5 of Chapter II, which shall immediately follow section 29.3 of Chapter II, and shall read as follows:

      Section 29.5.  1.  The board of supervisors shall have the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board of supervisors, have incorporated therein a copy of this charter and such additional data as the board of supervisors may prescribe. When such a publication is published, two copies shall be filed with the librarian of the Nevada state library, and thereafter the same shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.

      2.  The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.

      3.  The codification shall be adopted by an ordinance which shall not contain any substantive changes, modifications or alterations of existing ordinances, and the only title necessary for the ordinance shall be “An ordinance for codifying and compiling the general ordinances of the City of Elko.”

 


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

ê1963 Statutes of Nevada, Page 569 (Chapter 308, SB 150)ê

 

be “An ordinance for codifying and compiling the general ordinances of the City of Elko.”

      4.  The codification may, by ordinance regularly passed, adopted and published, be amended or extended.

      Sec. 4.  Section 47 of Chapter II of the above-entitled act, being chapter 84, Statutes of Nevada 1917, at page 162, is hereby amended to read as follows:

      Section 47.  [City Moneys Kept Intact.  The treasurer shall keep all money belonging to the city separate and distinct from his own money.] Deposit of City Funds in Banks; Funds to be Kept Separate.

      1.  The treasurer shall keep all money belonging to the city separate and distinct from all other moneys held by him for any other purpose or fund whatsoever, and may, when a state or national bank is located in the city, deposit, with unanimous consent of his bondsmen, city funds in such bank or banks upon open account. When no such bank or banks exist in the city, he may deposit, with the unanimous consent of his bondsmen, city funds with any state or national bank in the State of Nevada.

      2.  Such accounts shall be kept in the name of the city in such manner as the board of supervisors may prescribe and under such terms and conditions for the protection of the funds as the board of supervisors may determine, not inconsistent with other laws of the State of Nevada regulating the deposit of public funds.

      3.  The balances in banks, as certified to by the proper officer thereof, and by the oath of the treasurer, may be counted as cash.

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

 

________

 

 

CHAPTER 309, SB 167

Senate Bill No. 167–Senator McGowan

CHAPTER 309

AN ACT fixing the compensation of the county officers of Pershing County, Nevada; empowering the board of county commissioners of Pershing County, Nevada, to authorize the employment of deputies, clerks and assistants by county officers and providing for the allowance of compensation for such employment; repealing all acts and parts of acts in conflict herewith; and providing other matters properly relating thereto.

 

[Approved April 10, 1963]

 

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

do enact as follows:

 

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

      The county commissioners shall each receive a salary of $2,400 per annum, and mileage.

      The county clerk, as such, and as ex officio county treasurer, shall receive a salary of $6,600 per annum.


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

ê1963 Statutes of Nevada, Page 570 (Chapter 309, SB 167)ê

 

      The sheriff shall receive a salary of $6,600 per annum.

      The county assessor shall receive a salary of $6,600 per annum.

      The county recorder, as such, and as ex officio county auditor, shall receive a salary of $6,600 per annum.

      The district attorney shall receive a salary of $6,600 per annum.

      The board of county commissioners of Pershing County is hereby authorized and directed to allow such compensation as may be necessary for the payment of such deputies, clerks and assistants as the board of county commissioners may from time to time authorize in the offices of the county clerk and county treasurer, county recorder and county auditor, sheriff, county assessor and district attorney, respectively, and such compensation shall be allowed and paid as other claims against the county.

      Sec. 2.  The salaries set forth in section 1 shall be full compensation for all services whatsoever rendered by such officers.

      Sec. 3.  Chapter 292, Statutes of Nevada 1953, at page 451, entitled “An Act concerning certain county officers of the county of Pershing, State of Nevada, providing for their compensation, and other matters properly relating thereto,” approved March 27, 1953, and all acts amendatory thereof are hereby repealed. All other acts or parts of acts in conflict with this act are hereby repealed.

      Sec. 4.  This act shall become effective on January 1, 1964.

 

________

 

 

CHAPTER 310, SB 169

Senate Bill No. 169–Committee on Judiciary

CHAPTER 310

AN ACT to amend NRS sections 318.050, 318.055 and 318.255, relating to general improvement districts and the jurisdiction of boards of county commissioners, ordinances initiating the organization of districts and the prohibition against the formation of a district within 7 miles from an incorporated city or unincorporated town, by authorizing the organization and creation of general improvement districts within 7 miles from incorporated cities or unincorporated towns if such cities and towns have refused to annex the lands within 7 miles from the city or town boundaries; and providing other matters properly relating thereto.

 

[Approved April 10, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 318.050 is hereby amended to read as follows:

      318.050  1.  [The] Except as otherwise provided in this chapter, the board of county commissioners of any county within this state is hereby vested with jurisdiction, power and authority to create districts within the county which it serves.

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


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

ê1963 Statutes of Nevada, Page 571 (Chapter 310, SB 169)ê

 

      Sec. 2.  NRS 318.055 is hereby amended to read as follows:

      318.055  1.  The organization of a district shall be initiated by the adoption of an ordinance by the board of county commissioners, which ordinance is in this chapter sometimes designated the “initiating ordinance.” No initiating ordinance may be adopted by the board of county commissioners if the proposed district includes lands within 7 miles from the boundary of an incorporated city or unincorporated town unless a petition for annexation to or inclusion within such incorporated city or unincorporated town of such lands has first been filed with the governing body of such incorporated city or unincorporated town pursuant to law and the governing body thereof has refused to annex or include such lands and has entered the fact of such refusal in its minutes.

      2.  The initiating ordinance shall set forth:

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

      (b) A statement of the general purposes for which the district is proposed to be created (for instance, by way of illustration, “for paving, curb and gutters, sidewalks, storm drainage and sanitary sewer improvements within the district”). The purpose or purposes stated in the initiating ordinance shall be any or all of those authorized in NRS 318.120 to 318.145, inclusive, or any part or parts thereof.

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

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

      Sec. 3.  NRS 318.255 is hereby amended to read as follows:

      318.255  1.  A district shall be entirely within one county and shall not include lands included in any city or unincorporated town or lands within 7 miles from the boundary thereof [.] unless the governing body of such city or unincorporated town has refused to annex or include such lands within 7 miles from the boundary thereof as provided in NRS 318.055.

      2.  A district may consist of noncontiguous tracts or parcels of land.

      3.  No area within a district may be annexed to a city or town, but nothing contained in this section shall be construed as preventing the dissolution of a district or the exclusion therefrom of any land therein, as authorized in this chapter, for the purpose of permitting such an annexation.

      4.  No districts created under this chapter or under chapter 309 of NRS for the same purpose may overlap each other, but nothing contained in this section shall be construed as preventing any tract or parcel of land being simultaneously situate in overlapping districts which have no common purposes as provided in this chapter.

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 572ê

 

CHAPTER 311, AB 401

Assembly Bill No. 401–Committee on Ways and Means

CHAPTER 311

AN ACT to amend an act entitled “An Act authorizing and directing the state planning board to sell or exchange certain parcels of real property in Ormsby County, Nevada, belonging to the State of Nevada; defining the powers and duties of the state planning board, the chairman thereof, and the attorney general in connection therewith; and providing other matters properly relating thereto,” approved March 17, 1960, as amended.

 

[Approved April 10, 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 229, Statutes of Nevada 1960, as amended by chapter 341, Statutes of Nevada 1961, at page 677, is hereby amended to read as follows:

      Section 2.  The state planning board is hereby authorized and directed, subject to the restrictions and conditions hereinafter contained, to sell for cash at not less than the appraised value any or all of the following-described parcels of real property and any improvements thereon belonging to the State of Nevada and lying and being in Ormsby County, Nevada, and described as follows:

      (a) [Five acres more or less bounded on the east by U.S. Highway 395, on the west by an Ormsby County road, and on the north by the United States Forest Service administrative site.]

      A parcel of land situated in sections 19 and 20, T. 15 N., R. 20 E., M.D.B. & M., containing 68 acres, more or less, subject to county road right-of-way as defined by Record of Survey No. 35134, filed in the office of the Ormsby County Recorder on September 21, 1960, such parcel being more specifically described as follows:

      The NE 1/4 of the SE 1/4 of section 19, T. 15 N., R. 20 E., M.D.B. & M., except two certain tracts containing a total of 1 1/2 acres, more or less, conveyed from Gardner to Smith by deeds recorded on page 598, Volume 18, and page 169, Volume 32, Ormsby County Records;

      That portion of the SW 1/4 of the NW 1/4 of section 20, T. 15 N., R. 20 E., M.D.B. & M., which is bounded on the north by lands conveyed to the U. S. Forest Service by deed recorded on page 579, Book 46, Ormsby County Records, and is bounded on the east by the westerly 200-foot right-of-way line of State Highway Route 3 (U. S. 50);

      That portion of the NW 1/4 of the SW 1/4 of section 20, T. 15 N., R. 20 E., M.D.B. & M., which is bounded on the south by the north line and the north line extended of that parcel conveyed by Gardner to Barker by deed recorded on pages 222 and 223, Book 28, Ormsby County Records, and is bounded on the east by the westerly 200-foot right-of-way line of State Highway Route 3 (U. S. 50).

      (b) [The E 1/2 of the NE 1/4 of section 12, T. 15 N., R. 19 E., M.D.B. & M., containing 80 acres more or less.

      (c) The SW 1/4 of the NE 1/4 of section 12, T. 15 N., R. 19 E., M.D.B. & M., containing 40 acres more or less.


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

ê1963 Statutes of Nevada, Page 573 (Chapter 311, AB 401)ê

 

      (d)] A parcel 8 rods by 8 rods in the southwest corner of the SE 1/4 of the SW 1/4 of section 6, T. 15 N., R. 20 E., M.D.B. & M.

      [(e)] (c) A parcel south of Carson City, Nevada, bounded on the north by the section line separating sections 17 and 20, T. 15 N., R. 20 E., M.D.B. & M., on the east by Stewart Street and on the west by U.S. Highway 395, the parcel being a triangle with its apex on the south at the junction of Stewart Street and U.S. Highway 395.

      Sec. 2.  Section 4 of the above-entitled act, being chapter 229, Statutes of Nevada 1960, as amended by chapter 341, Statutes of Nevada 1961, at page 678, is hereby amended to read as follows:

      Section 4.  Notice of intention to sell any of the real property described in sections 1 and 2 shall be given by publication in a newspaper of general circulation published in Ormsby County, Nevada, once a week for 3 successive weeks. Except as otherwise provided in this section, any such sale shall be made to the highest responsible bidder at public auction at not less than the appraised value. All expenses of any such sale shall be paid by the state planning board from the proceeds of the sale. The net proceeds received by the state planning board from any such sale shall be deposited forthwith in the general fund in the state treasury, except that the net proceeds received from the sale of the real property described in subsection [(e)] (c) of section 2 shall be deposited forthwith in the state highway fund. Sale of the real property described in subsection [(e)] (c) of section 2 shall be effected by negotiation or public auction under the supervision of the state highway engineer, and shall not be effected until the highway department has completed new facilities or relocated facilities to replace those existing on such property.

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

 

________

 

 

CHAPTER 312, AB 476

Assembly Bill No. 476–Committee on State, County and City Affairs

CHAPTER 312

AN ACT to amend NRS section 543.150, relating to loans to governmental subdivisions from the state flood repair and disaster relief fund, by increasing the period which may be allowed for repayment of loans and authorizing the director of the state department of conservation and natural resources to determine the schedule of repayment of such loans.

 

[Approved April 10, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 543.150 is hereby amended to read as follows:

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


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

ê1963 Statutes of Nevada, Page 574 (Chapter 312, AB 476)ê

 

the public by governmental subdivisions, thus insuring the public’s health and safety.

      2.  Whenever the water distribution system of a governmental subdivision of this state has been damaged by flood or other act of God, resulting in an emergency condition of water shortage for public use, the governing body of such governmental subdivision may make application to the director for a loan to assist in repairing such damage. Such application shall be made in the manner and form prescribed by the director. The director shall transmit the application to the bureau of environmental health of the state department of health, requesting an investigation and survey of the damage, and a report thereon. If the report of the bureau of environmental health of the state department of health finds that the damage has resulted in a lack of water service and a threat to public health because of the emergency condition resulting from a water shortage, the director may loan moneys from the state flood repair and disaster relief fund to repair such damage or to reimburse such governmental subdivision for moneys expended by it to repair such damage. The director shall determine the period to be allowed for repayment of the money loaned, which period shall not be longer than [10] 20 years from the date of the loan. He shall also determine the schedule of repayment of such loans. All money received by the director as repayments of loans shall be deposited in the state flood repair and disaster relief fund.

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

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

 

________

 

 

CHAPTER 313, SB 241

Senate Bill No. 241–Committee on Aviation, Transportation and Highways

CHAPTER 313

AN ACT to amend NRS section 408.160, relating to the state highway engineer, by providing that the state highway engineer shall be head of the department of highways.

 

[Approved April 10, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 408.160 is hereby amended to read as follows:

      408.160  1.  The board shall select a state highway engineer [.] who shall be head of the department.

      2.  The engineer shall be a competent engineer, skilled and experienced in highway and bridge design, who shall have had at least 5 years’ experience in highway construction.

      3.  The engineer shall be in the unclassified service of the state.

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 575ê

 

CHAPTER 314, SB 187

Senate Bill No. 187–Committee on Aviation, Transportation and Highways

CHAPTER 314

AN ACT to amend chapter 239 of NRS, relating to the storage, inspection, microphotographing, disposal and restoration of public records, by adding a new section authorizing the state highway engineer to destroy obsolete records of the department of highways; to amend NRS sections 239.050, 239.080, 382.060 and 408.215, relating to microphotographing and destruction of public records, the preservation of old public records by the Nevada historical society and the keeping of department of highways records, by authorizing the state highway engineer to destroy department of highways records which have been microphotographed; and providing other matters properly relating thereto.

 

[Approved April 10, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 239 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Whenever the state highway engineer determines that old or obsolete papers, books, pamphlets or documents of the highway department are no longer of value to the department, he may lawfully order any such papers, books, pamphlets or documents removed from storage and destroyed.

      2.  The department of highways shall keep a record showing when any of the papers, books, pamphlets and documents mentioned in subsection 1 was destroyed, and the kind and nature thereof.

      3.  If any of the papers, books, pamphlets and documents has a historical value, it may be presented to the Nevada historical society for preservation.

      Sec. 2.  NRS 239.050 is hereby amended to read as follows:

      239.050  1.  Whenever any department, commission, board or officer of the State of Nevada, except the department of highways, or its political subdivisions shall have photographed or microphotographed or filmed all or any part of the records kept by or in such department, commission, board or by such officer in the manner and on film or paper that complies with the minimum standards of quality approved for such photographic records by the National Bureau of Standards, and whenever such photographs or microphotographs or films shall be placed in conveniently accessible files and provision made for preserving, examining and using the same, the department, commission, board or officer may, upon the approval of the state board of examiners or order of the district court, cause the original records from which the photographs or microphotographs or films have been made, or any part thereof, to be disposed of or destroyed.

      2.  Whenever the state highway engineer shall have photographed or microphotographed or filmed all or any part of the records of the highway department required by NRS 408.215 to be kept by him, in the manner and on film or paper that complies with the minimum standards of quality approved for such photographic records by the National Bureau of Standards, and whenever such photographs or microphotographs or films shall be placed in conveniently accessible files and provisions made for preserving, examining and using the same, the state highway engineer may cause the original records from which the photographs or microphotographs or films have been made, or any part thereof, to be disposed of or destroyed.


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

ê1963 Statutes of Nevada, Page 576 (Chapter 314, SB 187)ê

 

microphotographs or films shall be placed in conveniently accessible files and provisions made for preserving, examining and using the same, the state highway engineer may cause the original records from which the photographs or microphotographs or films have been made, or any part thereof, to be disposed of or destroyed.

      Sec. 3.  NRS 239.080 is hereby amended to read as follows:

      239.080  1.  Upon request made by any state board or officer to the state board of examiners, it shall be lawful for the state board of examiners to order the removal from storage or other place where old and obsolete state papers, books, pamphlets and documents are kept and to order the destruction thereof, if the state board of examiners is satisfied that any such papers, books, pamphlets and documents are no longer of value to the state.

      2.  The state board of examiners shall keep a record showing when any of the papers, books, pamphlets and documents mentioned in subsection 1 was destroyed, and the kind and nature thereof.

      3.  If any of the papers, books, pamphlets and documents has a historical value, it may be presented to the Nevada historical society for preservation.

      4.  The provisions of this section are not applicable to the papers, books and documents of the department of highways.

      Sec. 4.  NRS 382.060 is hereby amended to read as follows:

      382.060  The Nevada historical society shall preserve all old and obsolete property and obsolete and noncurrent public records presented to it under the provisions of NRS 239.080 and 239.090 [.] , and section 1 of this act.

      Sec. 5.  NRS 408.215 is hereby amended to read as follows:

      408.215  1.  The engineer shall have charge of all the records of the department, keeping records of all proceedings pertaining to the department and keeping on file information, plans, specifications, estimates, statistics and records prepared by the department, except those financial statements described in NRS 408.870, which shall not become matters of public record.

      2.  The engineer may photograph, microphotograph or film or dispose of the records of the department referred to in subsection 1 as provided in NRS 239.050 to 239.080, inclusive, and section 1 of this act.

      3.  The engineer shall maintain an index or record of deeds or other references of title or interests in and to all lands or interests in land owned or acquired by the department of highways.

      [3.] 4.  The engineer shall promulgate such rules and regulations as may be necessary to carry out and enforce the provisions of this chapter.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 577ê

 

CHAPTER 315, AB 495

Assembly Bill No. 495–Committee on Public Health and Public Morals

CHAPTER 315

AN ACT to amend Title 40 of NRS, relating to public health and safety, by adding a new chapter relating to the state radiation control agency; defining terms; designating the state board of health as the state radiation control agency; authorizing the board to develop programs and formulate, adopt and promulgate rules and regulations compatible with federal programs for the licensing and regulation of byproduct materials, source materials, special nuclear materials and other radioactive materials; providing for exemption from licensing requirements under certain circumstances; authorizing the board to inspect public and private property for the purpose of ascertaining compliance with the rules and regulations of the board; requiring persons using or possessing sources of ionizing radiation to maintain certain records; authorizing the governor and the board to enter into certain agreements with the Federal Government, interstate agencies and other states; providing for hearings by the board; authorizing actions to enjoin violations of the rules and regulations of the board; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 10, 1963]

 

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

do enact as follows:

 

      Section 1.  Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 17, inclusive, of this act.

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

      1.  “Byproduct material” means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

      2.  “General license” means a license effective pursuant to regulations promulgated by the state board of health without the filing of an application to transfer, acquire, own, possess or use quantities of, or devices or equipment for utilizing, byproduct material, source material, special nuclear material or other radioactive material occurring naturally or produced artificially.

      3.  “Ionizing radiation” means gamma rays and X-rays, alpha and beta particles, high-speed electrons, neutrons, protons and other nuclear particles, but not sound or radio waves, or visible, infrared or ultraviolet light.

      4.  “Person” means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or agency of this state or of any other state, and any legal successor, representative, agent or agency of any of the foregoing, but does not include the United States Atomic Energy Commission or any successor thereto, or any federal agency licensed by the United States Atomic Energy Commission or any successor to any such federal agency.

      5.  “Source material” means:

      (a) Uranium, thorium or any other material which the governor declares by order to be source material after the United States Atomic Energy Commission or any successor thereto has determined such material to be source material.


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

ê1963 Statutes of Nevada, Page 578 (Chapter 315, AB 495)ê

 

Energy Commission or any successor thereto has determined such material to be source material.

      (b) Any ore containing one or more of the materials enumerated in paragraph (a) in such concentration as the governor declares by order to be source material after the United States Atomic Energy Commission or any successor thereto has determined such material in such concentration to be source material.

      6.  “Special nuclear material” means:

      (a) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235 and any other material which the governor declares by order to be special nuclear material after the United States Atomic Energy Commission or any successor thereto has determined such material to be special nuclear material, but does not include source material.

      (b) Any material artificially enriched by any of the materials enumerated in paragraph (a), but does not include source material.

      7.  “Specific license” means a license issued pursuant to the filing of an application to use, manufacture, produce, transfer, receive, acquire, own or possess quantities of, or devices or equipment for utilizing, byproduct material, source material, special nuclear material or other radioactive material occurring naturally or produced artificially.

      Sec. 3.  The state board of health is hereby designated as the state radiation control agency, and is authorized to take all action necessary or appropriate to carry out the provisions of this chapter.

      Sec. 4.  For the protection of public health and safety, the state board of health shall:

      1.  Develop and conduct programs for the evaluation of hazards associated with the use of sources of ionizing radiation.

      2.  Develop programs and formulate, adopt and promulgate rules and regulations, with due regard for compatibility with federal programs, for:

      (a) Licensing and regulation of byproduct materials, source materials, special nuclear materials and other radioactive materials.

      (b) Control of other sources of ionizing radiation.

      3.  Formulate, adopt and promulgate such additional rules and regulations as may be necessary to administer the provisions of this chapter.

      4.  Collect and disseminate information relating to control of sources of ionizing radiation, including:

      (a) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions and revocations.

      (b) Maintenance of a file of registrants possessing sources of ionizing radiation which require registration under the provisions of this chapter, such file to include a record of any administrative or judicial action pertaining to such registrants.

      (c) Maintenance of a file of all rules and regulations, pending or promulgated, relating to the regulation of sources of ionizing radiation, and any proceedings pertaining to such rules and regulations.


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

ê1963 Statutes of Nevada, Page 579 (Chapter 315, AB 495)ê

 

      Sec. 5.  1.  The state board of health shall provide by rule or regulation for general or specific licensing of persons to receive, possess or transfer radioactive materials, or devices or equipment utilizing such materials. Every such rule or regulation shall provide for amendment, suspension or revocation of licenses.

      2.  The state department of health may require:

      (a) Registration and inspection of sources of ionizing radiation which do not require specific licensing.

      (b) Compliance with specific standards to be promulgated by the state board of health.

      3.  The state board of health may exempt certain sources of ionizing radiation, or kinds of uses or users of such sources, from the licensing or registration requirements set forth in this section if the board makes a finding that the exemption of such sources of ionizing radiation, or kinds of uses or users of such sources, will not constitute a significant risk to the health and safety of the public.

      4.  Rules and regulations promulgated pursuant to this chapter may provide for recognition of such other state or federal licenses as the state board of health may consider desirable, subject to such registration requirements as the state board of health may prescribe.

      Sec. 6.  1.  Any authorized representative of the state board of health may enter at any reasonable time upon any private or public property for the purpose of determining whether there is compliance with or violation of the provisions of this chapter, or of the rules and regulations promulgated under this chapter, and the owner, occupant or person in charge of such property shall permit such entry and inspection.

      2.  Entry into areas under the jurisdiction of the Federal Government shall be effected only with the concurrence of the Federal Government or its duly designated representative.

      3.  Any report of investigation or inspection, or any information concerning trade secrets or secret industrial processes obtained under this chapter, shall not be disclosed or opened to public inspection except as may be necessary for the performance of the functions of the state board of health.

      Sec. 7.  1.  The state board of health shall require each person who acquires, possesses or uses a source of ionizing radiation to maintain:

      (a) Records relating to the receipt, storage, transfer or disposal of such source.

      (b) Appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by the rules and regulations of the state board of health.

      (c) Such other records as the board may require, subject to such exemptions as may be provided by any rule or regulation promulgated by the board.

      2.  Copies of any record enumerated in subsection 1 shall be submitted to the state board of health upon request by the board.

      Sec. 8.  1.  The state board of health shall adopt reasonable regulations, compatible with those of the United States Atomic Energy Commission, pertaining to reports of exposure of personnel.


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

ê1963 Statutes of Nevada, Page 580 (Chapter 315, AB 495)ê

 

      2.  Such regulations shall require that reports of excessive exposure be made to the individual exposed and to the state board of health, and shall make provision for periodic and terminal reports to individuals for whom personnel monitoring is required.

      3.  The provisions of this chapter shall not be construed to limit the kind or amount of radiation which may be intentionally applied to a person for diagnostic or therapeutic purposes by or under the direction of a licensed practitioner of the healing arts.

      Sec. 9.  1.  The governor, on behalf of this state, may enter into agreements with the Federal Government providing for discontinuance of certain responsibilities of the Federal Government relating to sources of ionizing radiation and the assumption of such responsibilities by this state.

      2.  Any person who, on the effective date of any such agreement, possesses a license issued by the Federal Government shall be deemed to possess such license pursuant to the provisions of this chapter.

      3.  Such license shall expire either 90 days after receipt from the state board of health of a notice of expiration of such license, or on the date of expiration specified in such license, whichever is the earlier.

      Sec. 10.  1.  The state board of health, on behalf of the state, may enter into one or more agreements with the Federal Government, any interstate agency or any other state committing this state to perform on a cooperative basis with the Federal Government, any interstate agency or any other state inspections or other functions relating to the control of sources of ionizing radiation.

      2.  The state board of health may institute training programs for the purpose of qualifying personnel to carry out the provisions of subsection 1, and may make such personnel available for participation in any program or programs of the Federal Government, any interstate agency or any other state in furtherance of the purposes of this chapter.

      Sec. 11.  1.  In any proceeding under this chapter for the granting, amending, suspension or revocation of any license, or for determining compliance with, or granting exceptions to, rules and regulations promulgated in accordance with this chapter, the state board of health shall afford an opportunity for a hearing on the record upon the request of any person whose interest may be affected by such proceeding, and shall admit any such person as a party to such proceeding.

      2.  Any such person who applies for a hearing before the state board of health may appear at such hearing before the board in person or by counsel, and may produce witnesses and introduce evidence orally or in written form.

      3.  Any testimony at such hearing shall be given under oath.

      4.  The rules of evidence shall not obtain in a hearing before the state board of health under this section.

      5.  The board shall render a written decision at the conclusion of every hearing, and the record and decision in every hearing shall be available for inspection by any interested person.


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

ê1963 Statutes of Nevada, Page 581 (Chapter 315, AB 495)ê

 

      Sec. 12.  Any adoption, repeal or amendment of rules and regulations promulgated pursuant to this chapter shall be accomplished in conformity with the provisions of NRS 439.200.

      Sec. 13.  1.  If the state board of health finds that an emergency exists requiring immediate action to protect the public health and safety, the board may, without notice or hearing, issue a regulation or order reciting the existence of such emergency and requiring that such action be taken as is considered necessary to meet the emergency.

      2.  Notwithstanding any other provision of this chapter, any such regulation or order shall be effective immediately.

      3.  Any person to whom such regulation or order is directed shall comply immediately with such regulation or order, but on application to the state board of health he shall be afforded a hearing.

      4.  Such emergency regulation or order shall be continued, modified or revoked within 30 days after such hearing.

      Sec. 14.  Every final order entered in any proceeding under sections 5, 6 and 11 of this act shall be subject to judicial review in the manner prescribed by NRS 34.010 to 34.140, inclusive.

      Sec. 15.  1.  If, in the judgment of the state board of health, any person is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of this chapter or any rule, regulation or order issued under this chapter, the board may request the attorney general to apply to the district court for an order enjoining such act or practice, or for an order directing compliance with any provision of this chapter or any rule, regulation or order issued under this chapter.

      2.  Upon a showing by the state board of health that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order or other appropriate order may be granted by the court.

      Sec. 16.  In the event of an emergency, the state board of health may impound, or order the impounding of, sources of ionizing radiation in the possession of any person who is not equipped to observe, or who fails to observe, any provision of this chapter or any rules or regulations issued under this chapter.

      Sec. 17.  Every person is guilty of a misdemeanor who:

      1.  Uses, manufactures, produces, or knowingly transports, transfers, receives, acquires, owns or possesses any source of ionizing radiation which has not been licensed or registered by the state department of health in accordance with the provisions of this chapter and the rules and regulations issued under this chapter.

      2.  Violates any of the provisions of this chapter, or any rule, regulation or order in effect pursuant to the provisions of this chapter.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 582ê

 

CHAPTER 316, AB 300

Assembly Bill No. 300–Clark County Delegation

CHAPTER 316

AN ACT to amend chapter 62 of NRS, relating to procedure in juvenile cases, by adding new sections allowing appointment of a director of court services in certain judicial districts; defining his duties; establishing the method of his appointment; providing for his compensation; enumerating his powers; and providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The judge or judges of each judicial district which includes a county having a population of 120,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, may appoint a director of court services directly responsible to the court to coordinate the services of and serve as liaison between the court and all agencies in the judicial district dealing with juveniles, including, but not limited to, the state welfare department, the public schools of the judicial district, all law enforcement agencies of the judicial district, the probation committee, and detention home or facilities of the judicial district.

      2.  The director of court services shall be appointed from a list of eligible persons established through competitive examinations conducted by the probation committee.

      3.  The director of court services shall serve at the pleasure of the court and be subject to removal or discharge only after having been given reasons therefor, in writing, and after having been afforded an opportunity to be heard before the judge to answer thereto.

      4.  The director of court services shall have such staff of employees to assist in the performance of his duties as the probation committee finds necessary.

      5.  The salaries of the director of court services and his staff of employees shall be fixed by the judge or judges with the advice of the probation committee and the consent of the board or boards of county commissioners of the county or counties served by the judicial district.

      Sec. 3.  The director of court services shall have the full power and authority of a peace officer in his judicial district.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 583ê

 

CHAPTER 317, SB 246

Senate Bill No. 246–Committee on Aviation, Transportation and Highways

CHAPTER 317

AN ACT to amend chapter 484 of NRS, relating to traffic laws, by adding a new section requiring that the state highway engineer adopt a manual and specifications for a uniform system of traffic control signals and devices; providing for such manual to be correlated with the system approved by the American Association of State Highway Officials; providing for the erection of such devices by the department of highways; requiring local authorities to conform to the requirements of such manual, except where such authorities have exclusive jurisdiction; and providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The state highway engineer shall adopt a manual and specifications for a uniform system of traffic control signals and uniform state standards for the manufacture, display, erection and location of all signs, signals, signboards, guideposts and other traffic control devices upon all state highways, county roads and streets within incorporated areas to furnish information to persons traveling thereon regarding traffic regulations, directions, distances, points of danger and conditions requiring caution, and to impose restrictions upon persons operating vehicles thereon.

      2.  Such manual and specifications shall correlate with and, so far as possible, conform to the system, then current, approved by the American Association of State Highway Officials. The state highway engineer shall prepare plans and specifications for such traffic control devices, signs and signals showing the materials, colors and designs thereof, and shall, upon the issuance or revision of such manual, upon request, furnish a copy to any county or city within the state.

      3.  All traffic control devices, signals, signs, road markers and guideposts provided for in contracts for construction of state highways or erected by the department of highways pursuant to NRS 408.950 shall conform to the manual and specifications adopted by the state highway engineer.

      4.  Traffic control devices, signals and signs hereafter erected by local authorities at new locations, or replacements of such devices, signals and signs at existing locations, on any county road or street within an incorporated area, including extensions of state highways into or through incorporated areas, shall conform to the uniform state standard so prescribed by the state highway engineer for the manufacture, display, erection and location of such devices, signals and signs.

      5.  No local authority shall, after July 1, 1963, erect and maintain any stop sign or traffic control signal at any location so as to require the traffic on any state highway, including extensions thereof into or through incorporated areas, to stop before entering or crossing any intersecting county road or street within incorporated areas unless approval in writing has first been obtained from the state highway engineer.


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

ê1963 Statutes of Nevada, Page 584 (Chapter 317, SB 246)ê

 

intersecting county road or street within incorporated areas unless approval in writing has first been obtained from the state highway engineer.

      6.  Nothing contained in this section shall be construed as changing the existing statutory power of local authorities to control the use of roads and streets under their jurisdiction.

 

________

 

 

CHAPTER 318, SB 76

Senate Bill No. 76–Senators Brown and Dodge

CHAPTER 318

AN ACT to amend Title 7 of NRS, relating to corporations, associations and partnerships, by creating a new chapter prohibiting public intrastate offerings of securities unless disclosure statements are filed with the secretary of state; providing for filing fees; requiring the registration of certain broker-dealers and agents; designating fraudulent and other prohibited practices; defining words and terms; providing for administration, enforcement, investigations, subpenas, injunctions, criminal penalties, civil liabilities and service of process; to repeal NRS sections 205.425 and 205.430, relating to the publication of false financial statements and fraud in stock subscriptions; and providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  Title 7 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 22, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act, shall have the meaning ascribed to them in sections 3 to 10, inclusive, of this act.

      Sec. 3.  “Administrator” means the secretary of state, as designated in subsection 1 of section 17 of this act.

      Sec. 4.  1.  “Agent” means any individual other than a broker-dealer who represents a broker-dealer or issuer in effecting or attempting to effect purchases or sales of securities.

      2.  “Agent” does not include an individual who represents an issuer in effecting transactions with existing employees, partners or directors of the issuer, or any of its subsidiaries, if no commission or other remuneration is paid or given directly or indirectly for soliciting any person in this state.

      3.  A partner, officer or director of a broker-dealer or issuer, or a person occupying a similar status or performing similar functions is an agent only if he otherwise comes within this definition.

      Sec. 5.  “Broker-dealer” means any person engaged in the business of effecting transactions in securities for the account of others or for his own account.


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

ê1963 Statutes of Nevada, Page 585 (Chapter 318, SB 76)ê

 

of effecting transactions in securities for the account of others or for his own account. “Broker-dealer” does not include:

      1.  An agent;

      2.  An issuer;

      3.  A broker or dealer registered pursuant to the provisions of the Securities Exchange Act of 1934 (15 U.S.C. § 78a et seq.).

      4.  A person who is a member of the National Association of Securities Dealers, Inc.

      5.  A bank, savings institution or trust company;

      6.  A person who has no place of business in this state if:

      (a) He effects transactions exclusively with or through:

             (1) The issuers of the securities involved in the transactions;

             (2) Other broker-dealers;

             (3) Banks, savings institutions, trust companies, insurance companies, investment companies as defined in the Investment Company Act of 1940 (15 U.S.C. § 80a-1 et seq.), pension or profit-sharing trusts, or other financial institutions or institutional buyers, whether acting for themselves or as trustees; or

      (b) During any period of 12 consecutive months he does not direct more than 15 offers to sell or buy into this state in any manner to persons other than those specified in paragraph (a) of this subsection 6, whether or not the offeror or any of the offerees is then present in this state.

      Sec. 6.  “Fraud,” “deceit” and “defraud” are not limited to common law deceit.

      Sec. 7.  “Issuer” means any person who issues or proposes to issue any security, except that with respect to:

      1.  Certificates of deposit, voting-trust certificates or collateral-trust certificates, or with respect to certificates of interest or shares in an unincorporated investment trust not having a board of directors or persons performing similar functions or of the fixed, restricted management or unit type, the term “issuer” means the person or persons performing the acts and assuming the duties of depositor or manager pursuant to the provisions of the trust or other agreement or instrument under which the security is issued; and

      2.  Certificates of interest or participation in oil, gas or mining titles or leases or in payments out of production under such titles or leases, there is not considered to be any “issuer.”

      Sec. 8.  “Person” means an individual, a corporation, a partnership, an association, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government or a political subdivision of a government.

      Sec. 9.  1.  “Sale” or “sell” includes every contract of sale of, contract to sell, or disposition of, a security or interest in a security for value.

      2.  “Offer” or “offer to sell” includes every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security for value.

      3.  Any security given or delivered with, or as a bonus on account of, any purchase of securities or any other thing is considered to constitute part of the subject of the purchase and to have been offered and sold for value.


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

ê1963 Statutes of Nevada, Page 586 (Chapter 318, SB 76)ê

 

of, any purchase of securities or any other thing is considered to constitute part of the subject of the purchase and to have been offered and sold for value.

      4.  A purported gift of assessable stock is considered to involve an offer and sale.

      5.  Every sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer, as well as every sale or offer of a security which gives the holder a present or future right or privilege to convert into another security of the same or another issuer, is considered to include an offer of the other security.

      6.  The terms defined in this subsection do not include:

      (a) Any bona fide pledge or loan;

      (b) Any stock dividend, whether the corporation distributing the dividend is the issuer of the stock or not, if nothing of value is given by stockholders for the dividend other than the surrender of a right to a cash or property dividend when each stockholder may elect to take the dividend in cash or property or in stock;

      (c) Any act incident to a class vote by stockholders, pursuant to the certificate of incorporation or the applicable corporation statute, on a merger, consolidation, reclassification of securities, or sale of corporate assets in consideration of the issuance of securities of another corporation; or

      (d) Any act incident to a judicially approved reorganization in which a security is issued in exchange for one or more outstanding securities, claims or property interests, or partly in such exchange and partly for cash.

      Sec. 10.  1.  “Security” means any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, or, in general, any interest or instrument commonly known as a “security,” or any certificate of interest or participation in, temporary or interim certificate for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing.

      2.  “Security” does not include any insurance or endowment policy or annuity contract under which an insurance company promises to pay money either in a lump sum or periodically for life or some other specified period.

      Sec. 11.  In any proceeding under this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming it.

      Sec. 12.  It is unlawful for any person, in connection with the offer, sale or purchase of any security, directly or indirectly:

      1.  To employ any device, scheme or artifice to defraud.

      2.  To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or

 


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

ê1963 Statutes of Nevada, Page 587 (Chapter 318, SB 76)ê

 

in the light of the circumstances under which they are made, not misleading; or

      3.  To engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person.

      Sec. 13.  1.  It is unlawful for any person to transact business in this state as a broker-dealer or agent unless he is registered under this act.

      2.  It is unlawful for any broker-dealer or issuer to employ an agent unless the agent is registered. The registration of an agent is not effective during any period when he is not associated with a particular broker-dealer registered under this act or a particular issuer. When an agent begins or terminates a connection with a broker-dealer or issuer, or begins or terminates those activities which make him an agent, the agent as well as the broker-dealer or issuer shall promptly notify the administrator.

      3.  Every registration expires 1 year from its effective date unless renewed.

      Sec. 14.  1.  A broker-dealer or agent may obtain an initial or renewal registration by filing with the administrator:

      (a) A written application verified by or in behalf of the applicant.

      (b) A consent to service of process pursuant to subsection 6 of section 22 of this act.

      2.  The application shall contain whatever the administrator by rule requires concerning such matters as:

      (a) The applicant’s form and place of organization;

      (b) The applicant’s proposed method of doing business;

      (c) The qualifications and business history of the applicant, and, in the case of a broker-dealer, the qualifications and business history of any partner, officer or director, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the broker-dealer;

      (d) Any injunction or administrative order or conviction of a misdemeanor involving a security or any aspect of the securities business and any conviction of a felony; and

      (e) The applicant’s financial condition and history.

      3.  If the applicant is a corporation or association organized under the laws of any other state, territory or government, it shall file with its application:

      (a) A copy of its articles of incorporation or association; and

      (b) A certificate executed by the proper officer of the state, territory or government under the laws of which it is organized, and executed not more than 30 days before the filing of the application, showing that the applicant is authorized to transact business in that state, territory or government.

      4.  Every applicant shall, as part of his application, be fingerprinted, and in the case of a broker-dealer, any partner, officer or director and any person occupying a similar status or performing similar functions shall be fingerprinted. Each such individual shall, at his own expense, arrange to be fingerprinted by any police or sheriff’s office and shall request such office, in writing, to forward a copy of the Federal Bureau of Investigation’s report to be obtained on his fingerprints to the administrator.


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

ê1963 Statutes of Nevada, Page 588 (Chapter 318, SB 76)ê

 

sheriff’s office and shall request such office, in writing, to forward a copy of the Federal Bureau of Investigation’s report to be obtained on his fingerprints to the administrator. A copy of the individual’s request to the police or sheriff’s office shall accompany the application.

      5.  Every applicant for initial or renewal registration shall pay a filing fee of $50 in the case of a broker-dealer and $25 in the case of an agent. When an application is withdrawn the administrator shall retain the fee.

      6.  The administrator may, by rule, require registered broker-dealers and agents to post surety bonds in amounts up to $10,000, and may determine their conditions. Any appropriate deposit in cash or securities shall be accepted in lieu of any bond so required. No bond may be required of any registrant whose net capital, which may be defined by rule, exceeds $25,000. Every bond shall provide for suit thereon by any person who has a cause of action under section 21 of this act and, if the administrator by rule requires, by any person who has a cause of action not arising under this act. Every bond shall provide that no suit may be maintained to enforce any liability on the bond unless brought within 2 years after the sale or other act upon which it is based.

      7.  Registration becomes effective when the application is approved by the administrator. Registration of a broker-dealer automatically constitutes registration of any agent who is a partner, officer or director, or a person occupying a similar status or performing similar functions.

      Sec. 15.  1.  It is unlawful for any person to offer or sell any security in this state by means of a public intrastate offering unless:

      (a) He has filed a statement with the administrator concerning such security as described in section 16 of this act;

      (b) He has paid a filing fee of $500 therefor; and

      (c) The administrator has approved such statement.

      2.  When a statement is withdrawn the administrator shall retain the filing fee.

      3.  As used in this section, “public intrastate offering” means every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security for value made solely within this state to 25 persons or more by means of any news media, including but not limited to newspapers, magazines, radio and television, or through the use of the United States mails, or by direct solicitation by an agent, except such offerings as are registered under the Securities Act of 1933 (15 U.S.C. § 77a et seq.) or exempt from registration thereunder other than by reason of the intrastate character thereof.

      Sec. 16.  1.  The statement required by subsection 1 of section 15 of this act shall be in writing and verified as provided in NRS 15.010 for the verification of pleadings.

      2.  The statement shall contain the following information and shall be accompanied by the following documents:

      (a) The names, residences and post office addresses of the officers.

      (b) The location of the principal office and the principal place of business.


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

ê1963 Statutes of Nevada, Page 589 (Chapter 318, SB 76)ê

 

      (c) An itemized account of the issuer’s financial condition and the amount and character of all assets and liabilities prepared by an independent certified public accountant who holds a certificate issued pursuant to the provisions of chapter 628 of NRS.

      (d) A detailed statement of the plan upon which business is proposed to be transacted.

      (e) A copy of the issuer’s articles of incorporation or partnership or association, as the case may be, and of any amendments thereto, and all other papers pertaining to its organization.

      (f) A copy of any security proposed to be issued.

      (g) A copy of any contract proposed to be made concerning such security.

      (h) A copy of any prospectus or advertisement or other description of such security prepared by or for the issuer for distribution or publication.

      (i) The date upon which it is proposed to commence to sell such securities.

      (j) The number, kind and amount of securities proposed to be sold.

      (k) The par or face value, if any, and the price at which it is proposed to sell such securities.

      (l) The commission or compensation to be paid for the sale of such securities.

      (m) The states in which a statement or similar document in connection with the offering has been or is to be filed.

      (n) A copy of any adverse order, judgment or decree entered in connection with the offering by the regulatory authorities in each state, by any court or by the Securities and Exchange Commission.

      (o) The consent to service of process as required by subsection 6 of section 22 of this act.

      (p) Such additional information concerning the issuer, its conditions and affairs, as the administrator may, by regulation, require.

      3.  If the person filing the statement is a trustee, the statement shall also be accompanied by a copy of all instruments by which the trust is created and in which it is accepted, acknowledged or declared.

      4.  If the person filing the statement is a corporation, the statement shall also be accompanied by:

      (a) A copy of its bylaws and of any amendments thereto.

      (b) A copy of all minutes of any proceeding of its directors, stockholders or members relating to or affecting the issue of the security.

      5.  If the person filing the statement is a corporation or association organized under the laws of any other state, territory or government, the statement shall also be accompanied by a certificate executed by the proper officer of that state, territory or government not more than 30 days before the filing of the statement, showing that such corporation or association is authorized to transact business in that state, territory or government.

      Sec. 17.  1.  This chapter shall be administered by the secretary of state. The secretary of state may appoint a deputy and employ other personnel pursuant to chapter 284 of NRS necessary to administer the provisions of this chapter.


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

ê1963 Statutes of Nevada, Page 590 (Chapter 318, SB 76)ê

 

the provisions of this chapter. The position of the deputy shall be unclassified and in addition to the two unclassified positions in the office of the secretary of state authorized by subsection 3 of NRS 284.140.

      2.  It is unlawful for the administrator or any of his deputies or employees to use for personal benefit any information which is obtained by the administrator and which is not made public. No provision of this chapter authorizes the administrator or any of his deputies or employees to disclose any such information except among themselves or when necessary or appropriate in a proceeding or investigation under this chapter. No provision of this chapter either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpena directed to the administrator or any of his deputies or employees.

      3.  All applications, statements, documents and other information filed with the administrator pursuant to the provisions of this act are public records and shall be open at all times during office hours to inspection by any person.

      Sec. 18.  1.  The administrator in his discretion may:

      (a) Make such public or private investigations as he deems necessary to determine whether any person has violated or is about to violate any provision of this chapter, or to aid in the enforcement of this chapter;

      (b) Require or permit any person to file a statement in writing, under oath or otherwise as the administrator determines, as to all the facts and circumstances concerning the matter to be investigated; and

      (c) Publish information concerning any violation of this chapter.

      2.  For the purpose of any investigation or proceeding under this chapter, the administrator or any deputy designated by him may administer oaths and affirmation, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records which the administrator deems relevant or material to the inquiry.

      3.  In case of contumacy by, or refusal to obey a subpena issued to, any person, any district court of the State of Nevada, upon application by the administrator, through the attorney general, may issue to the person an order requiring him to appear before the administrator or any deputy designated by him, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as a contempt of court.

      4.  No person is excused from attending and testifying or from producing any document or record before the administrator, or in obedience to the subpena of the administrator or any deputy designated by him, or in any proceeding instituted by the administrator, on the ground that the testimony or evidence (documentary or otherwise) required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after claiming his privilege against self-incrimination, to testify or produce evidence (documentary or otherwise), except that the individual testifying is not exempt from prosecution and punishment for perjury or contempt committed in testifying.


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

ê1963 Statutes of Nevada, Page 591 (Chapter 318, SB 76)ê

 

penalty or forfeiture; but no individual may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after claiming his privilege against self-incrimination, to testify or produce evidence (documentary or otherwise), except that the individual testifying is not exempt from prosecution and punishment for perjury or contempt committed in testifying.

      Sec. 19.  Whenever it appears to the administrator that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter, he may in his discretion, through the attorney general, bring an action in any district court of the State of Nevada to enjoin the acts or practices and to enforce compliance with this chapter. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant’s assets. The court may not require the administrator to post a bond.

      Sec. 20.  1.  Any person who willfully and knowingly violates any provision of this chapter shall, upon conviction, be punished by a fine of not more than $5,000, or by imprisonment in the state prison for not more than 3 years, or by both such fine and imprisonment. No indictment or information may be returned under this chapter more than 5 years after the alleged violation.

      2.  The administrator may refer such evidence as is available concerning violations of this chapter to the attorney general, who may, with or without such a reference, institute the appropriate criminal proceedings under this chapter.

      Sec. 21.  1.  Any person who offers or sells a security by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading (the buyer not knowing of the untruth or omission), and who does not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the untruth or omission, is liable to the person buying the security from him, who may sue either at law or in equity to recover the consideration paid for the security, together with interest at 6 percent per year from the date of payment, costs, and reasonable attorneys’ fees, less the amount of any income received on the security, upon the tender of the security and any income received on it, or for damages if he no longer owns the security. Damages are the amount that would be recoverable upon a tender less the value of the security when the buyer disposed of it and interest at 6 percent per year from the date of disposition.

      2.  Every person who directly or indirectly controls a seller liable under subsection 1, every partner, officer, or director of such a seller, every person occupying a similar status or performing similar functions, every employee of such a seller who materially aids in the sale, and every broker or dealer or employee of a broker or dealer who materially aids in the sale are also liable jointly and severally with and to the same extent as the seller, unless the nonseller who is so liable sustains the burden of proof that he did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.


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

ê1963 Statutes of Nevada, Page 592 (Chapter 318, SB 76)ê

 

and to the same extent as the seller, unless the nonseller who is so liable sustains the burden of proof that he did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. There is contribution as in cases of contract among the several persons so liable.

      3.  Any tender specified in this section may be made at any time before entry of judgment.

      4.  Every cause of action under this chapter survives the death of any person who might have been a plaintiff or defendant.

      5.  No person may sue under this section more than 2 years after the contract of sale. No person may sue under this section:

      (a) If the buyer received a written offer, before suit and at a time when he owned the security, to refund the consideration paid together with interest at 6 percent per year from the date of payment, less the amount of any income received on the security, and he failed to accept the offer within 30 days of its receipt; or

      (b) If the buyer received such an offer before suit and at a time when he did not own the security, unless he rejected the offer in writing within 30 days of its receipt.

      6.  No person who has made or engaged in the performance of any contract in violation of any provision of this chapter, or who has acquired any purported right under any such contract with knowledge of the facts by reason of which its making or performance was in violation, may base any suit of the contract.

      7.  Any condition, stipulation or provision binding any person acquiring any security to waive compliance with any provision of this chapter is void.

      8.  The rights and remedies provided by this chapter are in addition to any other rights or remedies that may exist at law or in equity, but this chapter does not create any cause of action not specified in this section.

      Sec. 22.  1.  Section 12 of this act applies to persons who sell or offer to sell when:

      (a) An offer to sell is made in this state; or

      (b) An offer to buy is made and accepted in this state.

      2.  Section 12 of this act applies to persons who buy or offer to buy when:

      (a) An offer to buy is made in this state; or

      (b) An offer to sell is made and accepted in this state.

      3.  For the purpose of this section, an offer to sell or to buy is made in this state, whether or not either party is then present in this state, when the offer:

      (a) Originates from this state; or

      (b) Is directed by the offeror to this state and received at the place to which it is directed (or at any post office in this state in the case of a mailed offer).

      4.  For the purpose of this section, an offer to buy or to sell is accepted in this state when acceptance:


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

ê1963 Statutes of Nevada, Page 593 (Chapter 318, SB 76)ê

 

      (a) Is communicated to the offeror in this state; and

      (b) Has not previously been communicated to the offeror, orally or in writing, outside this state;

and acceptance is communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received at the place to which it is directed (or at any post office in this state in the case of a mailed acceptance).

      5.  An offer to sell or to buy is not made in this state when:

      (a) The publisher circulates or there is circulated on his behalf in this state any bona fide newspaper or other publication of general, regular and paid circulation which is not published in this state, or which is published in this state but has had more than two-thirds of its circulation outside this state during the past 12 months; or

      (b) A radio or television program originating outside this state is received in this state.

      6.  Every application and statement filed with the administrator pursuant to the provisions of section 14 and subsection 1 of section 15 of this act shall be accompanied with, in such form as the administrator by regulation prescribes, an irrevocable consent appointing the administrator or his successor in office to be his attorney to receive service of any lawful process in any noncriminal suit, action or proceeding against him or his successor executor or administrator which arises under this chapter after the consent has been filed, with the same force and validity as if served personally on the person filing the consent. A person who has filed such a consent in connection with a previous statement need not file another. Service may be made by leaving a copy of the process in the office of the administrator, but it is not effective unless:

      (a) The plaintiff, who may be the administrator in a suit, action or proceeding instituted by him, forthwith sends notice of the service and a copy of the process by registered mail to the defendant or respondent at his last address on file with the administrator; and

      (b) The plaintiff’s affidavit of compliance with this subsection is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.

      7.  When any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this chapter, and personal jurisdiction over him cannot otherwise be obtained in this state, that conduct shall be considered equivalent to his appointment of the administrator or his successor in office to be his attorney to receive service of any lawful process in any noncriminal suit or against him or his successor, executor or administrator which grows out of that conduct and which is brought under this chapter, with the same force and validity as if served on him personally. Service may be made by leaving a copy of the process in the office of the administrator, and it is not effective unless:

      (a) The plaintiff, who may be the administrator in a suit or action instituted by him, forthwith sends notice of the service and a copy of the process by registered mail to the defendant or respondent at his last-known address or takes other steps which are reasonably calculated to give actual notice; and

 


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

ê1963 Statutes of Nevada, Page 594 (Chapter 318, SB 76)ê

 

the process by registered mail to the defendant or respondent at his last-known address or takes other steps which are reasonably calculated to give actual notice; and

      (b) The plaintiff’s affidavit of compliance with this subsection is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.

      When process is served under this section, the court shall order such continuance as may be necessary to afford the defendant reasonable opportunity to defend.

      Sec. 23.  If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.

      Sec. 24.  NRS 205.425 and 205.430 are hereby repealed, but those sections exclusively govern all prosecutions which are pending or which may be initiated on the basis of facts or circumstances occurring before the effective date of this act.

 

________

 

 

CHAPTER 319, AB 512

Assembly Bill No. 512–Clark County Delegation

CHAPTER 319

AN ACT authorizing Clark County to develop, enlarge, reconstruct, improve and equip the Clark County hospital, sometimes designated as the Southern Nevada Memorial Hospital of Las Vegas; concerning the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $8,500,000 and the levy of taxes in connection therewith; prescribing other details concerning such bonds and such taxes; and providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  In addition to the powers conferred upon the board of county hospital trustees of Clark County, Nevada, and upon the board of county commissioners of that county, by the general statutes of the State of Nevada, including, without limiting the generality of the foregoing, NRS 450.270 to 450.380, inclusive, and all laws amendatory thereof or supplemental thereto, the board of county commissioners shall by ordinance submit the question of issuing bonds in the aggregate principal amount of not exceeding $8,500,000, for the development, enlargement, reconstruction, improvement and equipment of the Clark County hospital, sometimes designated as the Southern Nevada Memorial Hospital of Las Vegas, following the request by resolution of the board of county hospital trustees for an annual tax to be levied therefor, to the qualified electors of the county at a special election to be held for that purpose.


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

ê1963 Statutes of Nevada, Page 595 (Chapter 319, AB 512)ê

 

      Sec. 2.  1.  The ordinance shall be effective at least 43 days prior to the election, and the county 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 county 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.

      2.  Except as provided in subsection 3, the office of the county clerk shall be open for such 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.

      3.  During the 5 days preceding the close of registration before such 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 Sunday and any legal holidays excepted.

      4.  The office of the county clerk shall be opened for registration of voters for such special bond 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.

      5.  No special registration shall be held for such special bond election not held at the same time as a primary or general election if such election is held within 90 days of an election for which a countywide registration was held.

      Sec. 3.  Following the adoption of an ordinance, as provided in section 1 hereof, designating the county hospital bond election as a special election, the county clerk shall cause a notice of the election to be published in some newspaper printed in and having a general circulation in the county 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.

      Sec. 4.  The notice of election shall contain:

      1.  The time and places (by specific delineation or general reference) of holding the election.

      2.  The hours during the day in which the polls will be open, which shall be the same as provided for general elections.

      3.  The purpose for which the bonds are to be issued.

      4.  The maximum amount of the bonds.

      5.  The maximum rate of interest, not to exceed 5 percent per annum.

      6.  The maximum number of years, not exceeding 30, which the bonds are to run.

      Sec. 5.  1.  Any qualified elector who is properly registered shall be qualified to vote on such a bond question. Absentee voting shall not be permitted thereon. Voting machines may be used for the submission of such a bond question.

      2.  The county clerk may consolidate or otherwise modify voting precincts, shall designate the polling places, shall appoint officers of the election for each precinct in such number as he may determine, and shall fix their duties and compensation.


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

ê1963 Statutes of Nevada, Page 596 (Chapter 319, AB 512)ê

 

precincts, shall designate the polling places, shall appoint officers of the election for each precinct in such number as he may determine, and shall fix their duties and compensation.

      3.  Except as specifically provided or necessarily implied herein, the bond election and any registration of voters therefor shall be had and conducted in accordance with NRS 350.010 to 350.070, inclusive, and with the general election laws of the State of Nevada, and all laws amendatory thereof and supplemental thereto.

      Sec. 6.  In the event a majority of the paper ballots and voting machine ballot labels of each color on the question is in favor of the issuance of the bonds, the proposal to issue the bonds shall have carried, and the board of county commissioners shall proceed at its next regular meeting, or at some subsequent time, to adopt an ordinance or ordinances providing for the issuance of the bonds. If a majority of either the white paper ballots and white ballot labels or the colored paper ballots and colored ballot labels on the question, or a majority of both colors, is against the issuance of the bonds referred to in the proposal, then the proposal shall have failed and the election officers shall certify the result of the election to the board of county commissioners, which shall proceed no further in connection with the proposal.

      Sec. 7.  1.  Any ordinance authorizing any bonds hereunder may provide that each bond therein authorized shall recite that it is issued under authority hereof. 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.

      2.  General obligation bonds shall specifically pledge the full faith and credit of the county for their payment.

      3.  General obligation bonds shall not bear interest at a rate or rates exceeding 5 percent per annum.

      4.  Any general obligation bonds herein authorized to be issued shall bear such date or dates, shall 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 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 board may determine, shall bear interest evidenced by one or two sets of coupons, 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 as may be prescribed by ordinance, shall be payable in such medium of payment at such place or places within or without the state, including but not limited to the office of the county treasurer, and at the option of the board may be in one or more series, may be made subject to prior redemption in advance of maturity in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed.


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

ê1963 Statutes of Nevada, Page 597 (Chapter 319, AB 512)ê

 

at such place or places within or without the state, including but not limited to the office of the county treasurer, and at the option of the board may be in one or more series, may be made subject to prior redemption in advance of maturity in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed.

      5.  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; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.

      6.  Pending preparations of the definite bonds, interim receipts or certificates, in such form and with such provisions as the board may determine, may be issued.

      7.  The bonds, any interest coupons thereto attached, and such interim receipts or certificates shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.

      8.  Notwithstanding any other provision of law, the board may in any proceedings authorizing bonds hereunder:

      (a) Provide for the initial issuance of one or more bonds (in this subsection called “bond”) aggregating the amount of the entire issue or any portion thereof:

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

      (c) 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.

      The board 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, or principal and interest, or both.

      9.  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 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.

      10.  Any bond shall be executed in the name of and on behalf of the county and signed by the chairman of the board, countersigned by the county treasurer, with the seal of the county affixed thereto and attested by the county clerk.


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

ê1963 Statutes of Nevada, Page 598 (Chapter 319, AB 512)ê

 

the county and signed by the chairman of the board, countersigned by the county treasurer, with the seal of the county affixed thereto and attested by the county clerk.

      11.  Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds 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.

      13.  The county treasurer may cause the county’s seal 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.

      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. 8.  1.  Any general obligation bonds issued hereunder shall be sold at public sale, in accordance with NRS 350.120 to 350.160, inclusive, for not less than the principal amount thereof and accrued interest, or at the board’s option 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.

      2.  No discount (except as hereinabove provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.

      3.  The board may employ legal, fiscal, engineering and other expert services in connection with any facilities herein authorized and the authorization, issuance and sale of bonds.

      Sec. 9.  1.  All moneys received from the issuance of any bonds herein authorized shall be used solely for the purpose for which issued, including, without limiting the generality of the foregoing, if so authorized, the payment of preliminary expenses.

      2.  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.


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

ê1963 Statutes of Nevada, Page 599 (Chapter 319, AB 512)ê

 

      3.  Any unexpended balance of such bond proceeds remaining after the completion of the facilities for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of such 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 the proceedings authorizing their issuance.

      4.  The validity of such bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.

      5.  The purchaser or purchasers of the bond shall in no manner be responsible for the application of the proceeds of the bonds by the county or any of its officers, agents and employees.

      Sec. 10.  1.  To levy and collect taxes, the board shall determine, in each year, the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the county, and shall fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the county, and together with other revenues, will raise the amount required by the county annually to pay in full, when due, all interest on and principal of general obligation bonds of the county, including but not necessarily limited to those bonds issued hereunder. In the event of accruing defaults or deficiencies, an additional levy may be made as provided in subsection 2 of this section 10.

      2.  The board, in certifying annual levies, shall take into account the maturing general obligation bonds and interest thereon, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof. In case the moneys produced from such levies, together with other revenues of the county, are not sufficient punctually to pay the annual installments on such obligations, and interest thereon, and to pay defaults and deficiencies, the board shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be made and continue to be levied until the general obligation indebtedness of the county shall be fully paid.

      Sec. 11.  1.  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 county, 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 county, and without regard to any statutory limitations now or hereafter existing.

      2.  It shall be the duty of the board, and of any other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances of other available revenues and probable delinquencies, to assure the prompt payment of all such principal and interest as the same becomes due.


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

ê1963 Statutes of Nevada, Page 600 (Chapter 319, AB 512)ê

 

      3.  In any year in which the total taxes levied against the property in the county by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the state, 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. 12.  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. 13.  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 stamping thereon the word “Paid,” together with the date of its payment, sign his name thereto, and transmit the same to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners. The county auditor shall credit the treasurer on his books for the amount so paid.

      Sec. 14.  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. 15.  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. 16.  This act, without reference to other statutes of the state or to action heretofore taken by the county or its officers, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise provided. The bonds may be issued, and such development, enlargement, reconstruction, improvement and equipment of the county hospital may be had without adherence to NRS 450.010 to 450.060 and 450.270 to 450.380, all inclusive; and 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 to and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or any part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.


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

ê1963 Statutes of Nevada, Page 601 (Chapter 319, AB 512)ê

 

      Sec. 17.  This act being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes.

      Sec. 18.  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. 19.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 320, AB 498

Assembly Bill No. 498–Committee on State, County and City Affairs

CHAPTER 320

AN ACT to amend an act entitled “An Act to incorporate the city of North Las Vegas in Clark county, and defining the boundaries thereof, and to authorize the establishment of a city government therefor; and other matters relating thereto,” approved March 27, 1953, as amended.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  The above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 393, is hereby amended by adding thereto a new section designated section 32.5 of chapter II, which shall immediately follow section 32 of chapter II and shall read as follows:

      Section 32.5.  Codification of Ordinances; Publication of Municipal Code.

      1.  The city council shall have the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the city council, have incorporated therein a copy of this charter and such additional data as the city council may prescribe. When such a publication is published, two copies shall be filed with the librarian of the Nevada state library, and thereafter the same shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.

      2.  The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.

      3.  The codification shall be adopted by an ordinance which shall not contain any substantive changes, modifications or alterations of existing ordinances and the only title necessary for the ordinance shall be “An ordinance for codifying and compiling the general ordinances of the City of North Las Vegas.”

      4.  The codification may, by ordinance regularly passed, adopted and published be amended or extended.

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 602ê

 

CHAPTER 321, AB 496

Assembly Bill No. 496–Washoe County Delegation

CHAPTER 321

AN ACT concerning certain county officers of Washoe County, Nevada; fixing the salaries of such officers until January 1, 1967; providing that such salaries on and after January 1, 1967, shall be fixed by ordinance enacted by the board of county commissioners of Washoe County, Nevada; providing for travel expenses for certain county officers of Washoe County, Nevada; repealing all acts and parts of acts in conflict herewith; and providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  Until the 1st Monday in January 1967, the officers of Washoe County, Nevada, designated in this section shall receive the following annual salaries, to be allowed, audited and fixed monthly:

 

Sheriff................................................................................................ $10,000

County clerk and ex officio clerk of the district court and of the board of county commissioners............................................................... 12,000

County assessor................................................................................ 12,000

District attorney................................................................................. 15,000

County treasurer................................................................................ 10,200

County recorder and auditor........................................................... 12,000

 

      Sec. 2.  On an after the 1st Monday in January 1967, each of the officers of Washoe County designated in section 1 of this act shall receive an annual salary to be fixed by ordinance enacted by the board of county commissioners of Washoe County. The first such ordinance shall be enacted in June 1966, and a like ordinance shall be enacted in June of every fourth year thereafter. The annual salary of each of such officers so fixed by ordinance shall become effective on the 1st Monday in January of the year immediately following the enactment of such ordinance, and shall remain in effect throughout the term of office of each of such officers. No such ordinance may be amended or repealed during the term of office of any of such officers.

      Sec. 3.  The annual salary fixed by ordinance as provided in section 2 of this act shall be not less than $15,000 or more than $18,000 for the district attorney and not less than $12,000 or more than $15,000 for the county clerk and ex officio clerk of the district court and of the board of county commissioners, the county assessor and the county recorder and auditor. The annual salary of the sheriff as fixed by ordinance shall be not less than $10,000 or more than $11,000. The annual salary of the county treasurer as fixed by ordinance shall be not less than $10,200 or more than $13,200 during such time as the county treasurer receives from the City of Reno an annual salary of $1,800. From and after the time the county treasurer no longer receives such annual salary from the City of Reno, his annual salary fixed by ordinance as provided in section 2 of this act shall be not less than $12,000 or more than $15,000.


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

ê1963 Statutes of Nevada, Page 603 (Chapter 321, AB 496)ê

 

      Sec. 4.  Each member of the board of county commissioners of Washoe County shall receive an annual salary of $6,000, to be allowed, audited and fixed monthly.

      Sec. 5.  In addition to his annual salary, the sheriff shall receive his actual travel expenses necessarily incurred in criminal cases when it becomes necessary to travel a greater distance than 5 miles from the county seat. He shall also receive his actual travel expenses necessarily incurred in civil cases in which the county of Washoe is a party.

      Sec. 6.  In addition to his annual salary, the county assessor shall receive not more than $500 annually for travel expenses.

      Sec. 7.  The district attorney may employ, subject to the approval of the board of county commissioners, special investigators at salaries to be fixed by the board of county commissioners. The district attorney, his deputies, investigators and agents shall also receive their actual travel expenses necessarily incurred in the performance of their official duties.

      Sec. 8.  The salaries fixed by ordinance as provided in section 2 of this act and the salaries prescribed by sections 1 and 4 of this act shall be in full compensation for all services rendered Washoe County by each of the officers designated in sections 1 and 4 of this act.

      Sec. 9.  Chapter 102, Statutes of Nevada 1945, at page 158, entitled “An Act concerning and relating to certain county officers in Washoe County, Nevada, and fixing their compensation and allowances,” approved March 21, 1945, and all acts amendatory thereof are hereby repealed.

 

________

 

 

CHAPTER 322, AB 472

Assembly Bill No. 472–Nye County Delegation

CHAPTER 322

AN ACT to amend an act entitled “An Act fixing the compensation of certain officers in Nye county, and other matters properly relating thereto; and repealing certain acts and parts of acts,” approved February 26, 1953, as amended.

 

[Approved April 12, 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 26, Statutes of Nevada 1953, as last amended by chapter 174, Statutes of Nevada 1961, at page 275, is hereby amended to read as follows:

      Section 1.  The sheriff of Nye County shall receive an annual salary of [$6,000,] $6,600, payable in equal monthly installments, in full compensation for his services to Nye County as sheriff and all official and ex-officio duties of any kind whatsoever, and shall have one undersheriff, to be selected by him, and such other deputies, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct.


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

ê1963 Statutes of Nevada, Page 604 (Chapter 322, AB 472)ê

 

direct. The undersheriff shall receive a salary not to exceed [$450] $475 per month, and the deputies shall receive salaries not to exceed [$450] $475 per month. The sheriff shall be allowed all his actual traveling expenses to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners; provided, however, that the sheriff shall collect for all services in his office, and pay over monthly into the county treasury such fees as are provided for in NRS 248.290; provided, that in lieu of the mileage provided in NRS 248.290 the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputies in the service of any summons and complaints, or other process issuing out of the district court; provided further, that where there is a deputy or other officer so located as to perform such service, without the sheriff or his deputy actually incurring any traveling expenses, no mileage shall be charged.

      Sec. 2.  Section 2 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, as last amended by chapter 174, Statutes of Nevada 1961, at page 275, is hereby amended to read as follows:

      Section 2.  The county clerk and treasurer of Nye County shall receive an annual salary of [$6,000,] $6,600, payable in equal monthly installments, in full compensation for his services to Nye County as such officer or in any ex officio capacity of any kind whatsoever, and shall be allowed such deputies, to be named by him, to be paid a salary not to exceed [$450] $475 per month, and such other typists or stenographers, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, not to exceed [$375] $475 per month. The county clerk and treasurer shall be allowed all his actual traveling expenses, or that of his deputies, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, the expenses shall be first audited and allowed by the board of county commissioners.

      The county clerk and treasurer shall collect in advance and pay over monthly into the county treasury, such fees and compensation as are now provided by law for services in this office.

      Sec. 3.  Section 3 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, as last amended by chapter 174, Statutes of Nevada 1961, at page 276, is hereby amended to read as follows:

      Section 3.  The county recorder and auditor of Nye County shall receive an annual salary of [$6,000,] $6,600, payable in equal monthly installments, in full compensation for all his services to the county as such officer, and shall have one deputy to be selected by him, and to be paid a salary not to exceed [$450] $475 per month, and such other deputies, typists or stenographers, to be selected by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, at a salary not to exceed [$375] $475 per month.


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

ê1963 Statutes of Nevada, Page 605 (Chapter 322, AB 472)ê

 

direct, at a salary not to exceed [$375] $475 per month. The county recorder and auditor shall be allowed all of his actual traveling expenses, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, the expenses shall be first audited and allowed by the board of county commissioners. The county recorder and auditor shall collect in advance and pay over monthly into the county treasury, such fees and compensation as are provided by law for services in his office.

      Sec. 4.  Section 4 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, as last amended by chapter 174, Statutes of Nevada 1961, at page 276, is hereby amended to read as follows:

      Section 4.  The district attorney of Nye County shall receive an annual salary of [$6,000,] $6,600, payable in equal monthly installments, for all his services as such officer. He may have such deputy or deputies, typists or stenographers, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, at a salary not to exceed [$450] $475 per month. He shall be allowed all his actual traveling expenses, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, the expenses shall be first audited and allowed by the board of county commissioners. The district attorney shall receive no fees or compensation other than as herein provided for the performance of his official duties.

      Sec. 5.  Section 5 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, as last amended by chapter 43, Statutes of Nevada 1963, is hereby amended to read as follows:

      Section 5.  The county assessor of Nye County shall be paid an annual salary of [$6,000,] $6,600, payable in equal monthly installments, for all his services as such officer. He shall have one deputy to be selected by him, and to be paid a salary not to exceed [$450] $475 per month, and such other deputies, typist or stenographers, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, at a salary not to exceed [$450] $475 per month. The county assessor shall be allowed his travel expenses in the same manner as are other county officers.

      Sec. 6.  Section 6 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, as last amended by chapter 174, Statutes of Nevada 1961, at page 277, is hereby amended to read as follows:

      Section 6.  The members of the board of county commissioners of Nye County shall each receive for their services as county commissioners [$175] $200 per month, and $50 per month each as compensation for their services on the board of county commissioners while acting as a governing board for the towns of Tonopah, Round Mountain, Manhattan and Beatty.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 606ê

 

CHAPTER 323, SB 87

Senate Bill No. 87–Senator Parks

CHAPTER 323

AN ACT to amend NRS section 391.130, relating to reemployment of teachers, by providing that notice of reemployment be given on or before the 1st day of April of each year; and providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 391.130 is hereby amended to read as follows:

      391.130  1.  On or before [May] April 1 of each year, boards of trustees of the several school districts shall notify in writing the teachers in their employ concerning the reemployment of such teachers for the ensuing year. If the board, through its proper official, shall fail so to notify its teachers, then those teachers who are employed and who have been so employed for the major part of the current year shall be deemed reemployed on the same terms as for the then-closing school year, and the board shall issue the regular contracts in such cases as though the board had employed the teachers in the usual manner.

      2.  Any teacher who shall have been informed of his reemployment by written notice from the board, or who shall have been automatically reemployed in accordance with the provisions of this section, shall, within 10 days thereafter, present to the board in writing his acceptance of the position. Failure on the part of the teacher to notify the board of his acceptance as provided in this subsection shall be regarded as conclusive evidence of his nonacceptance of the position.

      3.  Each teacher notified by the board, through its proper official, that he is not reemployed for the ensuing year may, within 10 days of receipt of such notification, make written request to appear at the next regular board meeting. At such meeting the board shall inform the teacher of the reasons for not reemploying him and shall provide an opportunity for the teacher to reply thereto.

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 607ê

 

CHAPTER 324, SB 88

Senate Bill No. 88–Senator Dial

CHAPTER 324

AN ACT relating to public education; to amend chapter 386 of NRS, relating to the administrative organization of school districts, by adding a new section authorizing boards of trustees of school districts to acquire and maintain membership in school board associations and to pay dues, travel expenses and per diem allowances in connection therewith; to amend NRS section 386.290, relating to compensation and travel expenses of trustees, by deleting certain provisions relating to travel expenses and per diem allowances; to amend chapter 387 of NRS, relating to the financial support of the public school system, by adding a new section authorizing payment of travel expenses and per diem allowances for travel performed by school district trustees in the transaction of official business of school districts; and providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 386 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The board of trustees of a school district may:

      (a) Acquire and maintain membership in county, state and national school board associations and pay dues to such associations.

      (b) Notwithstanding any limitations contained in NRS 386.290, pay the travel expenses and per diem allowances of:

             (1) Trustees at the same rate authorized by law for state officers when such trustees attend meetings of such county and state associations within the state.

             (2) Not more than one trustee of any school district at the same rate authorized by law for state officers when such trustees attend any meeting of such national associations outside the state.

      2.  Claims for dues, travel expenses and per diem allowances authorized in subsection 1 shall be presented and allowed as provided by law for other claims against the school district.

      Sec. 2.  NRS 386.290 is hereby amended to read as follows:

      386.290  1.  No trustee shall be entitled to or be allowed any compensation for his services as trustee. This subsection shall not be construed to prevent payment of a salary to any trustee elected as clerk of a board of trustees.

      2.  Except as provided in subsection [4,] 3, a trustee shall be allowed:

      (a) His traveling expenses for traveling each way between his home and the place where board meetings are held at the rate authorized by law for state officers.

      (b) His living expenses necessarily incurred while in actual attendance at board meetings at the rate authorized by law for state officers.

      3.  [One member of the board of trustees of any school district may be allowed travel expenses and per diem allowances at the same rate authorized by law for state officers when he attends a meeting of the State School Board Association or Nevada Association of School Administrators.


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

ê1963 Statutes of Nevada, Page 608 (Chapter 324, SB 88)ê

 

      4.] Claims for mileage and per diem allowances shall be allowed and paid in the same manner as other claims against the school district fund are paid, but no claim for mileage and per diem allowances for living expenses shall be allowed or paid to a trustee residing not more than 5 miles from the place where board meetings are held.

      Sec. 3.  Chapter 387 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Any travel by trustees of the school district, other than as provided for in NRS 386.290, required for the transaction of official business of the school district shall first be authorized by the board of trustees. When such travel is authorized, trustees of the school district shall receive the travel expenses and per diem allowances authorized by law for state officers.

      2.  Claims for travel expenses and per diem allowances authorized in subsection 1 shall be presented and allowed as provided by law for other claims against the school district.

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

 

________

 

 

CHAPTER 325, SB 18

Senate Bill No. 18–Senator Gallagher (by request)

CHAPTER 325

AN ACT to amend NRS sections 632.010 to 632.040, inclusive, 632.060 to 632.110, inclusive, 632.140, 632.160, 632.180 to 632.200, inclusive, 632.220, 632.230, 632.250, 632.270, 632.290 to 632.300, inclusive, 632.320 to 632.350, inclusive, 632.410 and 632.450, relating to the state board of nurse examiners, nursing, disciplinary proceedings and nursing schools, by changing the name of the state board of nurse examiners to state board of nursing; by adding two practical nurse members to such board; by amending provisions relating to the board generally; by clarifying terms; by increasing fees; by amending provisions relating to the practice of nursing generally; by providing for 2-year schools of professional nursing; to amend chapter 632 of NRS, relating to the licensing and regulation of nursing, by adding a new section requiring every hospital employing nurses to submit a list thereof to the state board of nursing three times annually; and providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 632.010 is hereby amended to read as follows:

      632.010  As used in this chapter:

      1.  “Accredited school of nursing” means a school of nursing which has been accredited by the board or other body or agency authorized by law to accredit or approve schools of nursing in the state in which the school is located.

      2.  “Board” means the state board of [nurse examiners.

      3.  “Practice of practical nursing” shall apply to any person who for compensation performs such duties as are required in the physical care of the sick and carries out medical orders prescribed in connection therewith by a licensed physician, and who has a knowledge of simple nursing procedures as distinguished from the professional knowledge, training and skills required for professional nursing.


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ê1963 Statutes of Nevada, Page 609 (Chapter 325, SB 18)ê

 

care of the sick and carries out medical orders prescribed in connection therewith by a licensed physician, and who has a knowledge of simple nursing procedures as distinguished from the professional knowledge, training and skills required for professional nursing.

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

      5.] nursing.

      3.  “Licensed practical nurse” means a person who is licensed to practice practical nursing as defined in subsection 4 of this section and as provided in this chapter.

      4.  “Practice of practical nursing” means the performance for compensation of selected acts in the care of the ill, injured or infirm under the direction of a registered professional nurse, a licensed physician, a licensed dentist or a licensed chiropodist, not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.

      5.  “Practice of professional nursing” means the performance for compensation of any act in the observation, care and counsel of the ill, injured or infirm, in the maintenance of health or prevention of illness of others, in the supervision and teaching of other personnel, or in the administration of medications and treatments as prescribed by a licensed physician, a licensed dentist or licensed chiropodist, requiring substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social science, but does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.

      6.  “Registered nurse” means a person who is licensed to practice professional nursing.

      7.  Unless the context otherwise requires, the masculine gender shall include the feminine gender, and the singular number shall include the plural number.

      Sec. 2.  NRS 632.020 is hereby amended to read as follows:

      632.020  [The state board of nurse examiners consisting of five members appointed by the governor is hereby created.] 1.  The state board of nursing consisting of five registered nurses and two practical nurses is hereby created.

      2.  The members of the board shall be appointed by the governor.

      3.  The two licensed practical nurses shall serve as members of the board only in relation to and for the purpose of administering the provisions of this chapter which relate to licensed practical nurses.

      Sec. 3.  NRS 632.030 is hereby amended to read as follows:

      632.030  1.  Each registered nurse member of the board shall:

      (a) Be a citizen of the United States.

      (b) Be a resident of the State of Nevada.

      (c) Have been graduated from an accredited school of nursing.

      (d) Be licensed as a professional nurse in the State of Nevada.


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ê1963 Statutes of Nevada, Page 610 (Chapter 325, SB 18)ê

 

      (e) Have had at least 3 years of experience in nursing following graduation.

      2.  Each licensed practical nurse member of the board shall:

      (a) Be a citizen of the United States.

      (b) Be a resident of the State of Nevada.

      (c) Have been graduated from an accredited school of practical nursing.

      (d) Be licensed as a practical nurse in the State of Nevada.

      (e) Have had at least 3 years of experience in nursing following graduation.

      3.  No member of the board shall serve more than two consecutive terms.

      Sec. 4.  Chapter 632 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Each hospital or agency in the state employing professional or practical nurses shall submit a list of such nursing personnel to the board at least three times annually as directed by the board.

      Sec. 5.  NRS 632.040 is hereby amended to read as follows:

      632.040  1.  All appointments to the board, except those to fill unexpired terms, shall be for terms of 4 years each.

      2.  All appointments to the board shall be made by the governor within 60 days from the time a vacancy occurs. [Appointments shall be made from a list of qualified persons submitted to him by the Nevada State Nurses’ Association. The list shall contain the names of qualified persons in at least twice the number of appointments so to be made, and the list shall be presented to the governor at least 15 days before the expiration of any term of any member of the board.]

      3.  At least 15 days before the expiration of any term of a registered nurse member, the Nevada State Nurses’ Association shall submit to the governor a list of its membership qualified for appointment to the board in the number of not less than twice the number of vacancies to be filled. Appointments shall be made by the governor from such list.

      4.  At least 15 days before the expiration of any term of a licensed practical nurse member, the Nevada Licensed Practical Nurses’ Association shall submit to the governor a list of its membership qualified for appointment to the board in the number of not less than twice the number of vacancies to be filled. Appointments shall be made by the governor from such list.

      5.  If any vacancy occurs in the membership of the board by reason of death, resignation, removal or otherwise, the list shall be presented to the governor within 30 days after such vacancy occurs.

      Sec. 6.  NRS 632.060 is hereby amended to read as follows:

      632.060  1.  At the meeting of the board to be held [on June 1] in June of each year, the board shall elect from its members a president, a vice president and a secretary. [who shall also be the treasurer. The secretary and treasurer of the board shall receive, in addition to actual and necessary expenses, a monthly salary which shall be set by the board.


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ê1963 Statutes of Nevada, Page 611 (Chapter 325, SB 18)ê

 

by the board. All payments and reimbursements to the secretary and treasurer shall be made from fees received by the board.]

      2.  The board may appoint and employ an executive secretary who need not be a member of the board. The executive secretary appointed by the board shall be a professional nurse licensed to practice nursing in the State of Nevada. The executive secretary shall perform such duties as the board may direct and shall receive compensation as set by the board. The executive secretary shall be reimbursed for his actual and necessary expenses incurred in the performance of his duties, and all such payments and reimbursements shall be made from [fees received by the board.] the state board of nursing fund.

      Sec. 7.  NRS 632.070 is hereby amended to read as follows:

      632.070  1.  The board shall meet regularly once every 4 months [on February 1, June 1 and October 1,] in February, June and October, for the purpose of [holding examinations for the licensing of professional nurses and for the transaction of] transacting such [other] business as may properly come before the board.

      2.  The board shall hold not less than two examinations each year at such times and places as the board may determine.

      3.  Special meetings of the board may be held on the call of the president or upon the call of any three members. A written notice of the time, place and object of any special meeting shall be mailed by the executive secretary to all members of the board who are not parties to the call at least 15 days prior to the day of such meeting.

      [3.]4.  A majority of the board shall constitute a quorum at any meeting.

      Sec. 8.  NRS 632.080 is hereby amended to read as follows:

      632.080  [1.  Each member of the board shall receive:

      (a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.

      (b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.

      2.  All such payments and reimbursements shall be made from fees received by the board.] The compensation of the members of the board shall be fixed by the board, but shall not exceed the sum of $25 for each day spent by each member in the discharge of his official duties. The members of the board shall receive travel expenses and subsistence allowances in the performance of their duties as provided by NRS 281.160. All such sums shall be paid from the state board of nursing fund.

      Sec. 9.  NRS 632.090 is hereby amended to read as follows:

      632.090  1.  All fees received by the board shall be paid to the [treasurer] executive secretary of the board, who shall deposit the same [in banks or savings and loan associations in the State of Nevada.

      2.  All money so deposited] at the end of each month with the state treasurer.


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ê1963 Statutes of Nevada, Page 612 (Chapter 325, SB 18)ê

 

      2.  The state treasurer shall place the money to the credit of a fund to be known as the state board of nursing fund. All money paid into this fund shall be held subject to withdrawal on order of the board for the purpose of meeting expenses necessarily incurred in the performance of the special duties imposed by this chapter and for the elevation of the standards of nursing care in this state, as the board may in its discretion direct.

      3.  All disbursements of money made pursuant to this chapter shall be made only on verified claims therefor.

      Sec. 10.  NRS 632.100 is hereby amended to read as follows:

      632.100  1.  The board shall make and keep a full and complete record of all its proceedings, including a file of all applications for licenses under this chapter, together with the action of the board upon each such application, and including a register of all nurses licensed to practice nursing [as professional nurses] in this state.

      2.  The board shall maintain in its main office a public docket or other record in which it shall record, from time to time as made, the rulings or decisions upon all complaints filed with it, and all investigations instituted by it in the first instance, upon or in connection with which any hearing shall have been had, or in which the licensee charged shall have made no defense.

      3.  At least semiannually, the board shall publish a list of the names and addresses of persons licensed by it under the provisions of this chapter, and of all applicants and licensees whose licenses have been refused, suspended or revoked within 1 year, together with such other information relative to the enforcement of the provisions of this chapter as it may deem of interest to the public. One of the lists shall be mailed to each county clerk and shall be filed by him as a public record. Lists shall also be mailed by the board to any person in this state upon request.

      Sec. 11.  NRS 632.110 is hereby amended to read as follows:

      632.110  Annually the board shall transmit to the governor, [and] to the Nevada State Nurses’ Association and to the Nevada Licensed Practical Nurses’ Association a full and true report of all its proceedings, together with a report of all its receipts and disbursements.

      Sec. 12.  NRS 632.140 is hereby amended to read as follows:

      632.140  1.  Every applicant for a license to practice as a professional nurse in the State of Nevada shall submit to the board written evidence under oath that he:

      (a) [Is at least 20 years of age.

      (b)] Is of good moral character.

      [(c)] (b) Is in good physical and mental health.

      [(d)] (c) Has completed a course of study in an accredited school of professional nursing and holds a diploma therefrom.

      [(e)] (d) Meets such other reasonable preliminary qualification requirements as the board may from time to time prescribe.

      2.  Each applicant shall remit a fee of [$15] $30 with his application for a license to practice as a professional nurse in this state. In case application for a license by examination is not granted, the fee shall not be refunded.


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ê1963 Statutes of Nevada, Page 613 (Chapter 325, SB 18)ê

 

      Sec. 13.  NRS 632.160 is hereby amended to read as follows:

      632.160  1.  The board may, without examination, issue a license to practice nursing as a professional nurse to any applicant who meets the qualifications required of professional nurses in this state and who has been duly licensed or registered as a registered nurse, after examination, under the laws of any other state, territory or foreign county.

      2.  Each applicant shall remit with his application for a license to practice as a professional nurse in this state without examination a fee of [$15.] $30. In case application for license without examination is not granted, the fee shall not be refunded.

      Sec. 14.  NRS 632.180 is hereby amended to read as follows:

      632.180  1.  The license of every professional nurse licensed under the provisions of this chapter shall be renewed biennially as provided in this section.

      2.  [On or before January 1, 1956, and on] On or before January 1 of every even-numbered year [thereafter,] the executive secretary of the board shall mail a form of application for renewal of license to every person holding a valid and subsisting license or certificate of registration as a professional nurse issued pursuant to the provisions of this chapter.

      3.  Each applicant for renewal of license shall complete and execute the application form and return the same to the executive secretary of the board, together with a renewal fee of [$3,] $10, before March 1.

      4.  Upon receipt of such application and fee, the board, upon being satisfied as to the contents of the application, shall issue to the applicant a certified renewal of license for the next succeeding biennium commencing with March 1 and expiring the last day of the succeeding February. Such certificate or renewal of license shall entitle the holder thereof to practice nursing as a professional nurse in this state for the period stated on the certificate of renewal.

      Sec. 15.  NRS 632.190 is hereby amended to read as follows:

      632.190  Any licensee who permits his license to lapse by failing to renew the same as provided in NRS 632.180 may have his license reinstated by the board [upon satisfactorily explaining such failure and] upon payment of a fee of $5 in addition to the renewal fee as provided in NRS 632.180. The fee shall in no case be refunded.

      Sec. 16.  NRS 632.200 is hereby amended to read as follows:

      632.200  1.  Upon application, the board may, without examination, grant a temporary license to practice nursing as a professional nurse for a period not to exceed 4 months. Only one temporary license may be issued during any 12-month period to any one person.

      2.  Application shall be made in such form as the board may deem proper and shall be accompanied by a fee of [$5,] $8, which shall in no case be refunded. Such fee shall be credited toward the fee provided in NRS 632.140 or 632.160 if the applicant applies for a license as provided in such sections.

      Sec. 17.  NRS 632.220 is hereby amended to read as follows:

      632.220  The board shall have power to deny, revoke or suspend any license to practice nursing as a professional nurse applied for or issued under this chapter or otherwise to discipline a licensee upon proof that he:

 


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ê1963 Statutes of Nevada, Page 614 (Chapter 325, SB 18)ê

 

under this chapter or otherwise to discipline a licensee upon proof that he:

      1.  Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing as a professional nurse.

      2.  Is guilty of a felony or any offense involving moral turpitude [.] , in which case the record of conviction shall be conclusive evidence thereof.

      3.  Is unfit or incompetent by reason of gross negligence [or habits.] in carrying out usual nursing functions.

      4.  Is habitually intemperate or is addicted to the use of habit-forming drugs.

      5.  Is mentally incompetent.

      6.  Is guilty of unprofessional conduct [.] , which includes but is not limited to the following:

      (a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction shall be conclusive evidence thereof.

      (b) Procuring, or aiding, abetting, attempting, agreeing, or offering to procure or assist at, a criminal abortion.

      (c) Impersonating any applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license.

      (d) Impersonating another relicensed practitioner.

      (e) Permitting or allowing another person to use his certificate for the purpose of nursing the sick or afflicted.

      7.  Has willfully or repeatedly violated the provisions of this chapter.

      Sec. 18.  NRS 632.230 is hereby amended to read as follows:

      632.230  After the revocation of any license of a professional nurse by the board as provided in this chapter, no new license shall be issued to the same licensee within a period of 1 year from and after the date of revocation, nor at any time thereafter except in the sole discretion of the board. [, and then only provided that the licensee satisfies all the requirements for an original licensee.]

      Sec. 19.  NRS 632.250 is hereby amended to read as follows:

      632.250  None of the provisions of NRS 632.130 to 632.240, inclusive, shall be construed as prohibiting:

      1.  The practice of nursing in this state by any legally qualified nurse of another state whose engagement requires him to accompany or care for a patient temporarily residing in this state during the period of one such engagement not to exceed 6 months in length, provided such person does not represent or hold himself out as a nurse licensed to practice in this state.

      2.  The practice of any legally qualified nurse of another state who is employed by the United States Government or any bureau, division or agency thereof, which in the discharge of his official duties in this state.

      3.  Gratuitous nursing by friends or by members of the family of the patient.

      4.  Nursing assistance in the case of an emergency.


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ê1963 Statutes of Nevada, Page 615 (Chapter 325, SB 18)ê

 

      5.  The practice of nursing by students enrolled in accredited schools of professional nursing, or by graduates of such schools or courses pending the results of the first licensing examination scheduled by the board following such graduation.

      Sec. 20.  NRS 632.270 is hereby amended to read as follows:

      632.270  1.  [Prior to June 1, 1962, each applicant for a license to practice as a practical nurse shall submit to the board written evidence, under oath, that he:

      (a) Is of good moral character.

      (b) Has completed 2 years of high school or its equivalent and has such other preliminary qualification requirements as the board may prescribe.

      (c) Is at least 18 years of age.

      (d) Has successfully completed the prescribed course of study in an accredited school of practical nursing, or has had 2 years’ experience in the physical care of the sick in a general hospital licensed by the State of Nevada.

      2.  On and after June 1, 1962, each]  Each applicant for a license to practice as a practical nurse shall submit to the board written evidence, under oath, that he:

      (a) Is of good moral character.

      (b) Has completed 2 years of high school or its equivalent and has such other preliminary qualification requirements as the board may prescribe.

      (c) Is at least 18 years of age.

      (d) Has successfully completed the prescribed course of study in an accredited school of practical nursing.

      [3.]2.  Each application for a license to practice as a practical nurse shall be accompanied by a fee [in the sum of $10,] of $20, which shall be paid to the board. If the application for a license is not granted, the fee shall not be refunded. All funds received by the board pursuant to the provisions of NRS 632.260 to 632.340, inclusive, shall be disbursed and accounted for in the manner prescribed by NRS 632.090.

      Sec. 21.  NRS 632.290 is hereby amended to read as follows:

      632.290  1.  Every license to practice practical nursing issued pursuant to this chapter shall be valid until March 1, 1952, or, if issued after that date, until March 1 of the next succeeding even-numbered year.

      2.  On or before January 20, 1952, and on or before January 20 of each even-numbered year thereafter, the executive secretary of the board shall mail a form of application for renewal of license to every person holding a valid and subsisting license.

      3.  Each license may be renewed by the holder thereof by submitting to the board the application for renewal in such form as shall be determined by the board. Each application for renewal of license shall be accompanied by [a fee of $3.] a renewal fee of $10.

      4.  The board shall issue a renewal license good for a period of 2 years to every qualified applicant therefor who submits a properly completed and executed application for renewal of license together with the fee of [$3.] $10, before March 1.


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ê1963 Statutes of Nevada, Page 616 (Chapter 325, SB 18)ê

 

      Sec. 22.  NRS 632.295 is hereby amended to read as follows:

      632.295  Any practical nurse licensed under the provisions of this chapter who permits his license to lapse by failing to renew the same as provided in NRS 632.290 may have his license reinstated by the board [upon satisfactorily explaining such failure and] upon payment of a fee of $5 in addition to the renewal fee as provided in NRS 632.290. The fee shall in no case be refunded.

      Sec. 23.  NRS 632.300 is hereby amended to read as follows:

      632.300  1.  Upon application, the board may, without examination, grant a temporary license to practice as a practical nurse for a period not to exceed 4 months to an individual licensed in another state, territory or country. Only one temporary license may be issued during any 12-month period to any one person.

      2.  Application shall be made in such form as the board may deem proper and shall be accompanied by a fee of [$3.] $5, which shall in no case be refunded. Such fee shall be credited toward the fee provided in NRS 632.270 or 632.280 if the applicant applies for a license as provided in such sections.

      Sec. 24.  NRS 632.320 is hereby amended to read as follows:

      632.320  The board shall have power to deny, revoke or suspend any license to practice nursing as a practical nurse applied for or issued under this chapter, or otherwise to discipline a licensee upon proof that he:

      1.  Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing as a practical nurse.

      2.  Is guilty of a felony or any offense involving moral turpitude [.] , in which case the record of conviction shall be conclusive evidence thereof.

      3.  Is unfit or incompetent by reason of gross negligence [or habits.] in carrying out usual nursing functions.

      4.  Is habitually intemperate or is addicted to the use of habit-forming drugs.

      5.  Is mentally incompetent.

      6.  Is guilty of unprofessional conduct [.] , which includes but is not limited to the following:

      (a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction shall be conclusive evidence thereof.

      (b) Procuring, or aiding, abetting, attempting, agreeing, or offering to procure or assist at, a criminal abortion.

      (c) Impersonating any applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license.

      (d) Impersonating another licensed practitioner.

      (e) Permitting or allowing another person to use his certificate for the purpose of nursing the sick or afflicted.

      7.  Has willfully or repeatedly violated the provisions of this chapter.

      Sec. 25.  NRS 632.330 is hereby amended to read as follows:

      632.330  After the revocation of any license of a practical nurse by the board as provided in this chapter, no new license shall be issued to the same licensee within a period of 1 year from and after the date of revocation, nor at any time thereafter except in the sole discretion of the board.


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ê1963 Statutes of Nevada, Page 617 (Chapter 325, SB 18)ê

 

the board as provided in this chapter, no new license shall be issued to the same licensee within a period of 1 year from and after the date of revocation, nor at any time thereafter except in the sole discretion of the board. [, and then only provided that the licensee satisfies all the requirements for an original license.]

      Sec. 26.  NRS 632.340 is hereby amended to read as follows:

      632.340  [1.]  None of the provisions of NRS 632.260 to 632.330, inclusive, shall be construed as prohibiting:

      [(a)]1.  Gratuitous nursing by friends or by members of the family.

      [(b)]2.  The incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter.

      [(c)]3.  Nursing assistance in the case of an emergency.

      [(d)]4.  The practice of nursing by students enrolled in accredited schools of [professional nursing or in schools of] practical nursing, or by graduates of such schools or courses pending the results of the first licensing examination scheduled by the board following such graduation.

      [(e)]5.  The practice of nursing in this state by any legally qualified nurse of another state whose engagement requires him to accompany and care for a patient temporarily residing in this state during the period of one such engagement, not to exceed 6 months in length, provided such person does not represent or hold himself out as a nurse licensed to practice in this state.

      [(f)]6.  The practice of any legally qualified nurse of another state who is employed by the United States Government or any bureau, division, or agency thereof, while in the discharge of his official duties in this state.

      [2.  The provisions of NRS 632.260 to 632.330, inclusive, shall not be construed as applying to employees of licensed general hospitals performing their duties therein under the supervision of a licensed professional nurse or nurses.]

      Sec. 27.  NRS 632.350 is hereby amended to read as follows:

      632.350  1.  Before suspending or revoking any license the board shall notify the licensee in writing of the charges against him, accompanying the notice with a copy of the complaint, if any is filed, and the board shall grant the licensee an opportunity to be heard thereon in person or by counsel.

      2.  Written notice may be served by delivery of the same personally to the licensee, or by mailing the same by registered mail to the last-known residence address of the licensee.

      3.  If the licensee shall so desire, the board shall:

      (a) Grant a hearing upon the charges, which hearing shall be held not less than 10 days after prior notice in writing to the licensee nor more than 30 days after the filing of any complaint; and

      (b) Furnish the licensee, at the time of giving the notice, copies of any and all communications, reports and affidavits in possession of the board, touching upon or relating to the matter in question.

      4.  The hearing on the charges may be held by the board, or a majority thereof, at such time and place as the board shall prescribe, but the hearing should be held, if the licensee so desires, within the county where he resides.


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ê1963 Statutes of Nevada, Page 618 (Chapter 325, SB 18)ê

 

majority thereof, at such time and place as the board shall prescribe, but the hearing should be held, if the licensee so desires, within the county where he resides.

      5.  Any party to a hearing before the board shall have the right to the attendance of witnesses in his behalf at the hearing or upon deposition, as set forth in this chapter, upon making request therefor to the board and designating the names and addresses of the person sought to be subpenaed.

      6.  At the hearing all witnesses shall be sworn by the board or a member thereof, and stenographic notes of the proceedings shall be taken and filed as part of the record in the case. Any party to the proceedings desiring it shall be furnished with a copy of the stenographic notes upon the payment to the board of [such fee as the board shall prescribe by general rule or regulation, but the fee shall not exceed 50 cents per folio.] the actual cost of the transcript.

      7.  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.

      Sec. 28.  NRS 632.410 is hereby amended to read as follows:

      632.410  1.  A ruling or decision of the board shall be final when in favor of the licensee.

      2.  If a ruling or decision of the board is against the licensee, he may, within 10 days from the date of the decision, appeal therefrom to the district court in and for the county in which he resides by:

      (a) Serving upon [the president or] the executive secretary [and treasurer] of the board a notice of appeal, and a demand in writing for a certified transcript of all the papers on file in the office of the board affecting or relating to the decision, and all the evidence taken on the hearing; and

      (b) Paying [not more than 50 cents for each folio] the actual cost of the transcript and $1 for the certification thereof.

      3.  When the provisions of subsection 2 have been complied with by the licensee, the executive secretary, [and treasurer,] or, in his absence or inability to act, the president, shall, within 30 days, make and certify the transcript, and the appellant shall, within 5 days after receiving the same, file it and the notice of appeal with the clerk of the district court.

      4.  Upon the hearing of the appeal, the burden of proof shall be upon the appellant. The court shall receive and consider any pertinent evidence, whether oral or documentary, concerning the action of the board from which the appeal is taken, but shall be limited solely to a consideration and determination of the question whether there has been an abuse of discretion on the part of the board in making such decision.

      Sec. 29.  NRS 632.450 is hereby amended to read as follows:


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

ê1963 Statutes of Nevada, Page 619 (Chapter 325, SB 18)ê

 

      632.450  Any institution desiring to conduct a school of professional nursing in this state shall submit evidence to the board that it is prepared [:

      1.  To give a 36-month course of theoretical instruction and practical experience in nursing, embracing a curriculum prescribed by the board; and

      2.  To meet such other standards as may be established by the board from time to time.] to give:

      1.  A 36-month course of theoretical instruction and practical experience in nursing, embracing a curriculum prescribed by the board, and to meet such other standards as may be established by the board from time to time; or

      2.  A course of instruction prescribed by the board covering not less than 2 years and to meet such other standards as may be established by the board from time to time. The course of instruction prescribed by the board for such instruction of not less than 2 years shall provide a quality of education not less than the current standards established and adopted for a basic 2-year course of professional nursing education by both the National League for Nursing and the American Association of Junior Colleges.

      Sec. 30.  1.  The members of the state board of nurse examiners who are incumbents in such office on the effective date of this act shall be entitled to serve as members of the state board of nursing for periods equal to the remainder of the terms for which they were appointed as members of the state board of nurse examiners.

      2.  As soon as practicable after the effective date of this act, the governor shall appoint to the state board of nursing one licensed practical nurse for a term of 2 years and one licensed practical nurse for a term of 4 years. Such appointments shall be made from a list of qualified persons submitted to the governor by the Nevada Licensed Practical Nurses’ Association.

      Sec. 31.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 326, SB 29

Senate Bill No. 29–Committee on Judiciary

CHAPTER 326

AN ACT to amend NRS section 397.050, relating to the sources and uses of funds appropriated for participation of the State of Nevada in the Western Regional Higher Education Compact, by creating the Western Regional Higher Education Compact fund, and by establishing the non-reverting status of the fund; transferring funds; to repeal chapter 321, Statutes of Nevada 1959, relating to the Western Regional Higher Education Compact fund; and providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 397.050 is hereby amended to read as follows:

      397.050  1.  Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund.


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

ê1963 Statutes of Nevada, Page 620 (Chapter 326, SB 29)ê

 

      2.  [Funds so appropriated may be used:] There is hereby created in the state treasury a special fund which shall be known as the Western Regional Higher Educational Compact fund.

      3.  Moneys in such fund may be used by the commissioners appointed pursuant to NRS 397.030:

      (a) To pay dues to the Western Interstate Commission for Higher Education.

      (b) To provide contract places for Nevada residents in graduate or professional schools.

      (c) To meet necessary administrative expenses.

      4.  Any moneys remaining in such fund at the end of any fiscal year shall continue as a part of such fund and shall not revert to the general fund in the state treasury.

      Sec. 2.  Any moneys appropriated to the Western Regional Higher Education Compact fund created by chapter 321, Statutes of Nevada 1959, and remaining in such fund on the effective date of this act, are hereby transferred to the Western Regional Higher Education Compact fund created by this act.

      Sec. 3.  Chapter 321, Statutes of Nevada 1959, at page 484, is hereby repealed.

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

 

________

 

 

CHAPTER 327, SB 184

Senate Bill No. 184–Committee on Aviation, Transportation and Highways

CHAPTER 327

AN ACT authorizing and directing the superintendent of the Nevada state children’s home to convey to the State of Nevada, department of highways, without consideration, certain real property owned by the State of Nevada; providing that the department of highways may convey any portion of such property to the state department of buildings and grounds; and providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  The superintendent of the Nevada state children’s home is hereby authorized and directed to convey to the State of Nevada, department of highways, in fee simple, without consideration therefor, for highway purposes, that property owned by such home and situated in the county of Ormsby, State of Nevada, further described as being a piece or parcel of land, lying and being in the SW 1/4 of the NW 1/4 of Section 20, T. 15 N., R. 20 E., M.D.B. & M., and more fully described by metes and bounds as follows:

      Beginning at a point on the North-South 1/16 section line of the NW 1/4 of Section 20, T. 15 N., R. 20 E., M.D.B. & M., such point of beginning being further described as bearing S. 62°24′52ʺ W. a distance of 4465.56 feet from the Northeast corner of Section 20; thence N. 89°50′40ʺ W. a distance of 111.27 feet to a point; thence N.


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

ê1963 Statutes of Nevada, Page 621 (Chapter 327, SB 184)ê

 

N. 14°48′30ʺ E. a distance of 440.83 feet to a point; thence S. 0°11′13ʺ W. a distance of 426.48 feet to the point of beginning. Such parcel contains an area of 0.545 acres, more or less.

      Sec. 2.  Upon acquiring title to the land described in section 1 of this act, the department of highways may convey to the state department of buildings and grounds, in fee simple, without consideration therefor, and the state department of buildings and grounds may accept, any portion of such property.

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

 

________

 

 

CHAPTER 328, SB 243

Senate Bill No. 243–Committee on Aviation, Transportation and Highways

CHAPTER 328

AN ACT to amend NRS section 408.135, relating to the powers and duties of the board of directors of the department of highways, by providing that the board shall approve certain instruments and documents; by providing that the members of the board, acting individually, may execute or approve certain instruments and documents in the name of the state or department under certain circumstances; and by providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 408.135 is hereby amended to read as follows:

      408.135  The board shall:

      1.  Consider, at its meetings, all questions relating to the general policy of the department and transact such business as may properly come before it.

      2.  Receive and consider, at such time as the board may select, the annual report of the engineer.

      3.  Act for the department in all matters relating to recommendations, reports and such other matters as the board finds advisable to submit to the legislature.

      4.  Maintain a record of all proceedings of the board.

      5.  Execute or approve all instruments and documents in the name of the state or the department necessary for the carrying out of the provisions of this chapter. Where the exigencies of the circumstances warrant or where it is impracticable to hold a meeting of the board as provided by NRS 408.130, the members of the board, acting individually, may execute or approve such instruments and documents in the name of the state or department.

      6.  Delegate to the engineer such authority as it deems necessary under the provisions of this chapter.

      7.  Act by resolution, vote or order entered in its records.

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 622ê

 

CHAPTER 329, SB 142

Senate Bill No. 142–Committee on Judiciary

CHAPTER 329

AN ACT to amend NRS section 284.115, relating to administration costs of the state personnel system, by providing that state agencies subject to federal law or regulation may pay administration costs to the state department of personnel in accordance with such federal law or regulation; and by providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 284.115 is hereby amended to read as follows:

      284.115  1.  The director shall:

      (a) Maintain accurate records reflecting the costs of administering the provisions of this chapter.

      (b) Between July 1 and August 1 of each even-numbered year, determine, on the basis of experience during the 2 preceding fiscal years, the estimated costs per budgeted classified position of carrying out the functions of the department for the 2 succeeding fiscal years, and inform each department, agency and institution operating under the provisions of this chapter of such cost.

      2.  Each department, agency and institution shall include in its budget for each of the 2 succeeding fiscal years an amount of money equal to the cost per budgeted classified position, as determined by the director, multiplied by the number of budgeted classified positions provided for in the budget of such department, agency or institution.

      3.  [On] Except as provided in subsection 5, on July 1 of each year each department, agency and institution shall pay to the director for deposit in the personnel operating fund the amount of money appropriated to or authorized for such department, agency or institution for personnel administration costs pursuant to its budget.

      4.  Any moneys remaining in the personnel operating fund on July 1 of any year shall revert to the fund to which originally appropriated in proportion to the contribution from such fund.

      5.  Any state department, agency or institution may pay the personnel administration costs required by subsection 3 on a date or dates other than July 1 if compliance with federal law or regulation so requires.

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 623ê

 

CHAPTER 330, AB 471

Assembly Bill No. 471–Clark County Delegation

CHAPTER 330

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

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  The above-entitled act, being chapter 132, Statutes of Nevada 1911, at page 145, is hereby amended by adding thereto a new section to be designated as section 1.5 of Chapter I, which new section shall immediately follow section 1 of Chapter I, and shall read as follows:

      Section 1.5.  That portion of the N 1/2 of the SW 1/4 of Section 1, T. 21 S., R. 61 E., M.D.B. & M., in the City of Las Vegas, Clark County, Nevada, described as follows:

 

Commencing at the northwest corner of the southeast quarter, thence along the north line of the southeast quarter North 89°56′35ʺ East 351.76 feet to a point in the southwesterly line of U.S. Highway No. 93-95-466 (200 feet wide), thence along the southwesterly line South 42°27′ East 1,380 feet to the most easterly corner of the land described in the deed to Orra F. Johnson et al., Records January 18, 1951, as document No. 261250, Clark County, Nevada Records, such point being the true point of beginning; thence along the southwesterly line of such land; thence South 42°27′ East 700 feet to the most westerly corner of Parcel 2 of the land described in the deed to Harry Mack et al., recorded December 12, 1953, as document No. 4200380 of the Clark County Records, thence North 47°33′ East 300 feet to a point in the southwest line of U.S. Highway No. 93-95-466 (200 feet wide); thence along the southwest line North 42°27′ West 700 feet; thence South 47°33′ West 300 feet; thence South 42°27′ East 200 feet to the true point of beginning. Save and except that portion dedicated as St. Louis Avenue (80 feet in width) more particularly described by Document 42717, Recorded April 8, 1955, Official Records of Clark County, Nevada,

 

is hereby detached and excluded from the City of Las Vegas.

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 624ê

 

CHAPTER 331, AB 337

Assembly Bill No. 337–Mr. McNamee

CHAPTER 331

AN ACT to amend NRS section 122.070, relating to solemnization of marriages by licensed ministers holding a certificate of permission to perform marriages, by authorizing the district judge with whom an application for a certificate has been filed to request evidence from the congregation of the applicant and assistance from the district attorney and the sheriff in conducting an investigation of the applicant; by establishing the period of validity of such certificates and requiring their annual renewal; by providing for revocation of the certificate of a minister who severs ties with his congregation or moves from the county in which his certificate was issued; by authorizing district judges to revoke the certificate of a minister for good cause shown after hearing; requiring ministers holding certificates issued prior to July 1, 1963, to secure new certificates; and providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 122.070 is hereby amended to read as follows:

      122.070  1.  Any licensed or ordained minister in good standing within his denomination, whose denomination, governing body and church, or any of them, are incorporated or organized and established in the State of Nevada, may join together as husband and wife persons who present a marriage license obtained from any county clerk of the state, if such minister first obtains a certificate of permission to perform marriages as provided in this section. The fact that a minister is retired shall not disqualify him from obtaining a certificate of permission to perform marriages if, prior to such retirement, he had active charge of a congregation within this state for a period of at least 3 years.

      2.  An application for such certificate shall be filed by the minister with the judge of the district court of the county in which such minister resides, and shall contain information showing the date of licensure or ordination, or both, of the minister, the name of the denomination, governing body and church, or any of them, with which he is affiliated. Each application shall be accompanied by a copy of the denominational standing of such minister, a copy of which the district judge shall file with the secretary of state.

      3.  For the purpose of determining the qualifications of any minister who has filed an application for a certificate, the district judge with whom such application has been filed may request that:

      (a) The congregation of such minister furnish any evidence which the judge considers necessary or helpful, and the congregation shall furnish such evidence.

      (b) The district attorney and the sheriff conduct an investigation of the background and present activities of such minister.

      4.  If the judge of the district court approves [such] an application, he shall notify the secretary of state of such approval within 10 days thereafter. After receipt of such notification, the secretary of state shall immediately certify the name of such minister to each county clerk and county recorder in the state.


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

ê1963 Statutes of Nevada, Page 625 (Chapter 331, AB 337)ê

 

state shall immediately certify the name of such minister to each county clerk and county recorder in the state.

      [4.  If any minister is disqualified by a judge of the district court from performing marriages, he] 5.  A certificate of permission shall be issued only for the period of July 1 to June 30, inclusive, and if issued after July 1 shall be valid only until the following June 30. All certificates may be renewed annually.

      6.  If any minister to whom a certificate of permission has been issued severs ties with his congregation or moves from the county in which his certificate was issued, the certificate shall expire immediately upon such severance or move, and the trustee, warden or other officer of the congregation authorized to speak for it shall, within 5 days following the severance or move, give written notice of the fact of such severance or move to the district judge who issued the certificate.

      7.  Any district judge who has issued a certificate of permission to a minister may revoke such certificate for good cause shown after hearing.

      8.  If the certificate of any minister is revoked as provided in subsections 6 and 7, the district judge shall inform the secretary of state of such fact, and the secretary of state shall immediately remove the name of such minister from the list and shall notify each county clerk and county recorder of such fact.

      [5.]9.A temporary replacement for a licensed or ordained minister certified pursuant to this section may solemnize marriages pursuant to subsection 1 during such time as he may be authorized to do so by a district judge in the county in which he is a temporary replacement, for a period not to exceed 90 days. The minister whom he temporarily replaces shall provide him with a written authorization which shall state the period of time during which it is effective.

      Sec. 2.  All certificates of permission issued prior to July 1, 1963, shall expire on that date, and no minister may thereafter join persons together as husband and wife unless he has complied with the provisions of NRS 122.070, as amended by this act.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 626ê

 

CHAPTER 332, AB 138

Assembly Bill No. 138–Mr. Parraguirre (by request)

CHAPTER 332

AN ACT to amend chapter 318 of NRS, relating to general improvement districts, by adding new sections granting additional district powers concerning street lighting and garbage and refuse collection and disposal; providing procedure for collection of service, water drainage and sewer connection charges, a procedure for including in bond issue amounts special service charges, bond reserves, working capital and capitalization of interest for a limited period; providing for the appointment of paying and fiscal agents, in rem court-validating procedures, substantive provisions for acquisition of improvements, payment of cash assessments after bond issuance and calling of bonds prior to maturity; to amend NRS sections 318.100, 318.200, 318.320, 318.330, 318.370, 318.420 and 318.460, relating to general improvement districts, by adding substantive provisions for improvement acquisitions; enlarging provisions for the collection of sewer charges to include water, lighting and garbage and refuse; permitting single-issue multipurpose revenue bond issues; changing rate pledge procedures and the limitation on the amount of assesments; changing interest rates and providing for bearer bonds; and providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 318 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.

      Sec. 2.  The board may elect to add powers not provided in its formation, in which event the board shall cause proceedings to be had by the board of county commissioners similar, as nearly as may be, to those provided for the formation of the district, and with like effect.

      Sec. 3.  The board shall have the power to acquire, construct, reconstruct, improve, extend or better a works, system or facilities for lighting public streets, ways and places. It may also, without calling for bids, contract for providing such facilities and the electrical current necessary therefor, or such current, with any public utility serving in the district, at uniform rates and charges established for the utility operator.

      Sec. 4.  The board shall have the power to acquire, by purchase or lease, sites for the disposal of garbage and refuse, and to own and operate equipment for the collection and disposal of, and collect and dispose of, garbage and reduce, or to contract, without calling for bids, for the collection and disposal of garbage and refuse from within the district.

      Sec. 5.  1.  Any board which has adopted rates pursuant to this chapter may, by such ordinance or by separate ordinances, elect to have such charges for the forthcoming fiscal year collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes. In such event, it shall cause a written report to be prepared and filed with the secretary, which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the charge for each parcel for such year, computed in conformity with the charges prescribed by the ordinance.


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

ê1963 Statutes of Nevada, Page 627 (Chapter 332, AB 138)ê

 

of the charge for each parcel for such year, computed in conformity with the charges prescribed by the ordinance.

      2.  The powers authorized by this section shall be alternative to all other powers of the district, and alternative to other procedures adopted by the board for the collection of such charges.

      3.  The real property may be described by reference to maps prepared by and on file in the office of the county assessor or by descriptions used by him, or by reference to plats or maps on file in the office of the secretary.

      4.  The board may make the election specified in subsection 1 with respect only to delinquent charges and may do so by preparing and filing the written report, giving notice and holding the hearing therein required only as to such delinquencies.

      5.  The secretary shall cause notice of the filing of the report and of a time and place of hearing thereon to be published once a week for 2 weeks prior to the date set for hearing, in a newspaper of general circulation printed and published within the district if there is one and if not then in such paper printed and published in the county within which the district is located.

      6.  Before the board may have such charges collected on the tax roll for the first time following the effective date of this section, the secretary shall cause a notice in writing of the filing of the report proposing to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in the report is assessed in the last equalized assessment roll available on the date the report is prepared, at the address shown on the assessment roll or as known to the secretary. If the board adopts the report, then the requirements for notice in writing to the persons to whom parcels of real property are assessed shall not apply to hearings on reports prepared in subsequent fiscal years but notice by publication as herein provided shall be adequate.

      7.  At the time stated in the notice, the board shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time. If the board finds that protest is made by the owners of a majority of separate parcels of property described in the report, then the report shall not be adopted and the charges shall be collected separately from the tax roll and shall not constitute a lien against any parcel or parcels of land.

      8.  Upon the conclusion of the hearing, the board may adopt, revise, change, reduce or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in the report, which determination shall be final.

      9.  Prior to the time the county treasurer posts taxes to the county tax roll each year following such final determination, the secretary shall file with him a copy of the report with a statement endorsed thereon over his signature that it has been finally adopted by the board, and the county treasurer shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll.


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

ê1963 Statutes of Nevada, Page 628 (Chapter 332, AB 138)ê

 

charges against the respective lots or parcels of land as they appear on the current assessment roll. Where any such parcels are outside the boundaries of the district they shall be added to the assessment roll of such district for the purpose of collecting such charges. If the property is not described on the roll, the county treasurer may enter the description thereon together with the amounts of the charges, as shown in the report.

      10.  The amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of the time when the lien of taxes on the roll attach.

      11.  The county treasurer shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land. Thereafter the amount of the charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the district, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.

      12.  All laws applicable to the levy, collection and enforcement of general taxes of the district, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund, redemption and sale, are applicable to such charges.

      13.  The county treasurer may, in his discretion, issue separate bills for such charges and separate receipts for collection on account of such charges.

      Sec. 6.  1.  The board shall have the power by ordinance:

      (a) To fix fees or charges for the privilege of connecting to its water, drainage or sewerage facilities;

      (b) To fix the time or times at which such fees or charges shall become due;

      (c) To provide for the payment of such fees or charges prior to connection or in installments over a period of not to exceed 15 years; and

      (d) To provide the rate of interest, not to exceed 6 percent per annum, to be charged on the unpaid balance of such fees or charges.

      2.  The amount of such fees or charges and the interest thereon shall constitute a lien against the respective lots or parcels of land to which the facilities are connected. Prior to making such fees or charges a lien against the land, the board shall give notice to the owners of the lots or parcels of land affected.

      3.  The notice shall set forth:

      (a) The schedule of fees or charges to be imposed.

      (b) A description of the property subject to such fees or charges, which description may be as provided in subsection 3 of section 5 of this act.

      (c) The time or times at which such fees or charges shall become due.

      (d) The number of installments in which such fees or charges shall be payable.

      (e) The rate of interest, not to exceed 6 percent per annum, to be charged on the unpaid balance of such fees or charges.

      (f) That it is proposed that the fees or charges and interest thereon shall constitute a lien against the lots or parcels of land to which the facilities are furnished.


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

ê1963 Statutes of Nevada, Page 629 (Chapter 332, AB 138)ê

 

shall constitute a lien against the lots or parcels of land to which the facilities are furnished.

      (g) The time and place at which the board will hold a hearing at which persons may appear and present any and all objections they may have to the imposition of the fees or charges as a lien against the land.

      4.  The notice shall be published once a week for 2 weeks prior to the date set for hearing. At least 10 days prior to the date of hearing, written notice thereof shall be mailed to all persons owning land subject to such fees or charges, whose names and addresses appear on the last equalized assessment roll.

      5.  At the time stated in the notice the board shall hear and consider all objections or protests, if any, to the imposition of the fees or charges as set forth in the notice and may continue the hearing from time to time.

      6.  Upon the conclusion of the hearing, the board may adopt, revise, change, reduce or modify the fees or charges or may overrule any or all objections and make its determination, which determination shall be final.

      7.  Prior to the time the county treasurer posts taxes to the county tax roll following such final determination, the board shall certify to the county auditor a list of the lots or parcels of land, as they appear on the current assessment roll, subject to such fees or charges and the amounts of the installments of such fees or charges and interest to be entered against such lots or parcels on the assessment roll. If a lot or parcel connected to the facilities is subsequently divided into two or more lots or parcels as shown on the current assessment roll, the board shall designate the lot or parcel that remains connected to the facilities and against which the installments of the fees or charges and interest are to be entered.

      8.  The county treasurer shall annually collect the charges or the respective installments thereof as provided in subsections 10 to 13, inclusive, of section 5 of this act.

      9.  The charges provided for in this section are of local benefit to the properties affected and may be collected by special assessment proceedings.

      Sec. 7.  In determining the amount of bonds to be issued, the board may include:

      1.  All costs and estimated costs incidental to or connected with the acquisition, construction, improving or financing of the project.

      2.  All engineering, inspection, legal and fiscal agent’s fees, costs of the bond election and of the issuance of the bonds, bond reserve funds and working capital and bond interest estimated to accrue during the construction period and for a period of not to exceed 12 months after completion of construction.

      Sec. 8.  The board may provide by resolution or resolutions for the issuance of any bonds in separate divisions having differing dates and dates of maturity.

      Sec. 9.  The board may provide for the appointment of a paying or fiscal agency within or without the state, in relation to any general obligation, revenue or assessment bonds of the district, which shall be a bank possessing trust powers and which shall act in a fiduciary capacity and not as a depositary, and may:

 


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

ê1963 Statutes of Nevada, Page 630 (Chapter 332, AB 138)ê

 

or fiscal agency within or without the state, in relation to any general obligation, revenue or assessment bonds of the district, which shall be a bank possessing trust powers and which shall act in a fiduciary capacity and not as a depositary, and may:

      1.  Provide for the powers, duties, functions and compensation of the agent.

      2.  Limit the liabilities of the agent.

      3.  Prescribe a method for his resignation and removal, and the merger or consolidation of agents.

      4.  Prescribe a method for the appointment of a successor agent and the transfer of rights and properties to the successor.

      Sec. 10.  1.  At any time after the adoption of a resolution for the issuance of any bonds and prior to their delivery to a purchaser, the board may bring an action to determine the validity of the district, any annexation thereto, any bonds, the proceedings leading up to their issuance, and any taxes, assessments or charges necessary for their servicing, in the district court of the county in which the office of the board is located.

      2.  The action is a proceeding in rem.

      3.  Jurisdiction of all parties interested is had by publication of summons once a week for 3 weeks in a newspaper, designated by the court, of general circulation published in the county where the action is pending.

      4.  Jurisdiction is complete within 10 days after full publication.

      5.  At any time before the expiration of the 10 days any person interested may appear and contest the validity of the bonds.

      6.  The action shall be speedily tried and judgment rendered declaring the bonds either valid or invalid.

      7.  Either party may appeal to the supreme court within 30 days after entry of judgment.

      Sec. 11.  Any improvement may be acquired before, while or after it comes into being, or it or any part thereof may be constructed, either singly or in combination with other improvements. If it is to be constructed, a contract shall be let as provided in NRS 318.375.

      Sec. 12.  The unpaid balance of any assessment as to which bonds have been issued may be paid by depositing with the county treasurer the following:

      1.  The amount of any delinquent installments, together with penalties, interest and costs due thereon.

      2.  Any installment of principal and interest which has been posted to the tax roll for the fiscal year.

      3.  The unpaid balance of principal thereof.

      4.  Interest to the date of call, subject to subsection 2. If the amount of principal is in excess of the amount for which bonds may be called, additional interest shall be collected for such period as is necessary to avoid a shortage in the interest but for not less than 6 months.

      5.  An amount to be fixed by the county treasurer for publishing the notice calling bonds, if the notice is to be published.


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

ê1963 Statutes of Nevada, Page 631 (Chapter 332, AB 138)ê

 

      Sec. 13.  1.  The district treasurer shall advance the maturity of bonds called in the amount of surplus principal determined pursuant to section 12 of this act.

      2.  The district treasurer shall give written notice of advanced maturity, entitled “To Whom It May Concern,” to the holder or owner of each bond that is called, at least 14 days before the day of call. The notice may be given by personal service, by registered mail addressed to the last-known address of the holder or owner, or by one publication in the district or in a financial paper in the United States. When given by publication, it shall also be mailed to the last-known address of the holder or owner and if not known to the address of the original purchaser of the bonds.

      3.  If notice of advanced maturity is given, the bond shall mature and become payable on the date fixed for maturity in the notice. The holder or owner of the bond may surrender it prior to the date of advanced maturity and receive the principal and interest thereon to the date of payment.

      4.  If the bond has not been sooner surrendered, on the date fixed for advanced maturity the district treasurer shall set aside to the credit of the owner of the bond the amount of principal and accrued interest then due on the bond, and the bond shall then be deemed to have matured and interest shall cease to accrue on the bond. The amount so set aside shall upon demand and upon the surrender and cancellation of the bond be paid to the holder or owner of the bond.

      5.  The cost of serving or publishing the notice of advanced maturity shall be paid from the redemption fund.

      6.  More than one bond may be included in a single notice of advanced maturity. All bonds called and redeemed shall be canceled and destroyed.

      7.  Prior to the surrender of any bond or the setting aside of any funds, the district treasurer may waive and vacate any notice of advanced maturity upon being tendered for cancellation some other bond or bonds of an equivalent amount and of a maturity not earlier than that noticed, if 10 days’ notice of his intention so to do is first given by mail or otherwise to the holder or owner of the bond noticed for advanced maturity and such holder or owner has not objected to such action.

      8.  In selecting a bond for retirement, the lowest numbered bond of the annual series midway to the end of the bond term shall be chosen. Successive bonds shall be chosen from the lowest number of each annual series on either side thereof, so that bonds called shall be a pro rata part of each annual series after the one for which a levy has been posted to the county roll. It is intended that the relationship of unpaid assessments to bonds outstanding be disturbed as little as possible by the call of bonds. The decision of the district treasurer shall be final and conclusive.

      Sec. 14.  NRS 318.100 is hereby amended to read as follows:

      318.100  For and on behalf of the district the board shall have the powers enumerated in [NRS 318.105 to 318.215, inclusive.]


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ê1963 Statutes of Nevada, Page 632 (Chapter 332, AB 138)ê

 

powers enumerated in [NRS 318.105 to 318.215, inclusive.] this chapter. The board may acquire or construct any improvement and finance the costs thereof by any of the procedures provided in this chapter. When it is proposed to construct an improvement the work shall be performed as provided in this chapter.

      Sec. 15.  NRS 318.200 is hereby amended to read as follows:

      318.200  1.  The board shall have the power to fix, and from time to time increase or decrease, sewer, water, lighting, garbage or refuse rates, tolls or charges (other than special assessments), including but not necessarily limited to [use] service charges [, connection fees] and standby service charges, for services or facilities furnished by the district, and to pledge such revenue for the payment of any indebtedness of the district.

      2.  Until paid, all rates, tolls or charges shall constitute a perpetual lien on and against the property served, and any such lien may be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics’ liens. Before any such lien is foreclosed the board shall hold a hearing thereon after notice thereof by publication and by registered first class mail, postage prepaid, addressed to the last-known owner at his last-known address according to the records of the district and the real property assessment roll in the county in which the property is located.

      [2.]3.  The board shall prescribe and enforce rules and regulations for the connection with and the disconnection from properties of the facilities of the district [.] and the taking of its services.

      [3.]4.  For health and sanitary purposes the board shall have the power to compel owners of inhabited property within a sewer district to connect their property with the sanitary or storm water sewer system of such district, and to use the garbage or refuse service provided by the district, and upon a failure so to connect to the district sanitary or storm water sewer system within 60 days after such written, mailed notice by the board so to do the board may cause such connection to be made and a lien to be filed against the property for the expense incurred in making such connection. No owner shall be compelled to connect his property with such system unless a service line is brought, by the district, to a point within 400 feet of his dwelling place. A person who fails to use the garbage and refuse systems of the district shall nevertheless be subject to the rates and charges established therefor and shall also be subject to mandatory and prohibitory injunction.

      5.  The board may provide for the collection of charges. Provisions may be made for, but are not limited to:

      (a) The granting of discounts for prompt payment of bills.

      (b) The requiring of deposits or the prepayment of charges in an amount not exceeding 1 year’s charges either from persons receiving service and using the facilities of the enterprise or from the owners of property on which or in connection with which such services and facilities are to be used; but in case of nonpayment of all or part of a bill such deposits or prepaid charges shall be applied only insofar as necessary to liquidate the cumulative amount of such charges plus penalties and costs of collection.


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ê1963 Statutes of Nevada, Page 633 (Chapter 332, AB 138)ê

 

of a bill such deposits or prepaid charges shall be applied only insofar as necessary to liquidate the cumulative amount of such charges plus penalties and costs of collection.

      (c) The requiring of a guaranty by the owner of property that the bills for service to the property or the occupants thereof will be paid.

      6.  The board may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. The basic penalty shall not be more than 10 percent of each month’s charges for the first month delinquent. In addition to the basic penalty it may provide for a penalty of not exceeding 1.5 percent per month for nonpayment of the charges and basic penalty. On the 1st day of the calendar month following the date of payment specified in the bill the charge shall become delinquent if the bill or that portion thereof which is not in bona fide dispute remains unpaid. It may provide for collection of the penalties herein provided for.

      7.  The board may provide that charges for any service shall be collected together with and not separately from the charges for any other service rendered by it, and that all charges shall be billed upon the same bill and collected as one item.

      8.  The board may enter into a written contract with any person, firm or public or private corporation providing for the billing and collection by such person, firm or corporation of the charges for the service furnished by any enterprise. If all or any part of any bill rendered by any such person, firm or corporation pursuant to any such contract is not paid and if such person, firm or corporation renders any public utility service to the person billed, such person, firm or corporation may discontinue its utility service until such bill is paid, and the contract between the board and such person, firm or corporation may so provide.

      9.  As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the district in any court of competent jurisdiction against the person or persons who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all of such persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.

      10.  Industrial property shall be exempt from the provisions of this section if suitable arrangements have been made with local health authorities for the disposal of garbage and refuse.

      Sec. 16.  NRS 318.320 is hereby amended to read as follows:

      318.320  A district created wholly or in part for sanitary sewer or water or lighting or garbage or refuse purposes may issue bonds (without the necessity of holding an election and as an alternative or in addition to other forms of borrowing authorized in this chapter) for the purpose of acquiring or improving a sanitary sewer or water or lighting or garbage or refuse system, and such bonds shall be made payable solely out of the net revenues derived from the operation of such system [.]


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ê1963 Statutes of Nevada, Page 634 (Chapter 332, AB 138)ê

 

of such system [.] or systems; but a single bond issue may be had for more than one of such services and the revenues for any and all of the services provided by the district may be pledged to pay for any other service. To that end, a single utility fund for all or any number of such services may be established and maintained.

      Sec. 17.  NRS 318.330 is hereby amended to read as follows:

      318.330  In order to insure the payment of any such revenue bonds, or of such general obligation bonds the payment of which is additionally secured by a pledge of the revenues of such [sanitary sewer] facilities, the board shall establish and maintain, and from time to time revise, a schedule or schedules of rates, fees, tolls or charges for services and facilities rendered by or through such system in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the board authorizing the issuance of any of such bonds, including any covenant for the establishment of reasonable reserve funds.

      Sec. 18.  NRS 318.370 is hereby amended to read as follows:

      318.370  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:

      (a) In counties of 50,000 population or over, shall the amount of any special assessment upon any lot or premises for any one improvement exceed the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding the 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 district.

      (b) In counties of less than 50,000 population, shall the amount of any special assessment upon any lot or premises for any one improvement exceed the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation, except upon a written petition to the board, signed by 70 percent of the property owners in the district, who must own not less than 70 percent of the property in the district, requesting that the amount of a special assessment exceed assessed valuation, in which case the assessment may exceed such assessed valuation; but in no case shall any special assessment exceed three times the value of such lot or premises as shown upon such latest tax list or assessment roll.] In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding the value of such lot or premises which would otherwise be chargeable upon such lot or premises which would otherwise be chargeable upon such lot or premises shall be paid from the general funds of the district.

      3.  The board shall provide that the fees and compensation properly charged in the work of making any special assessment, including engineering, legal and fiscal fees and bond discount, if any, shall be included as part of such assessment.


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ê1963 Statutes of Nevada, Page 635 (Chapter 332, AB 138)ê

 

      4.  The limitations on the amount of the assessments shall not apply when all of the owners of more than 60 percent in area of the property subject to assessment for the proposed improvement have signed and filed with the secretary of the board undertaking the proceedings a written petition for the improvements and a waiver of the limitation.

      5.  Owners of land within the meaning of subsection 4 are those persons, and those persons only, who, at the time that the petition is filed with the secretary of the board appear to be such upon the county assessor’s roll or, in the case of transfers of land, or parts thereof, subsequent to the date upon which the last county assessor’s roll was prepared, appear to be such on the records in the county assessor’s office which the county assessor will use to prepare the next-ensuing county assessor’s roll. If any person signing owns property as a joint tenant or tenant in common, or owns property in community or copartnership, such property shall be counted as if all such owners had signed.

      6.  The limitations on amounts of assessments shall not apply to proceedings for the construction of sanitary sewers, storm water drains, or sewage or drainage disposal works, including the acquisition of sewer and storm water drain lands and rights-of-way and easements necessary in connection with such improvement, or a capacity right or right of disposal therein, when the health officer having jurisdiction of the area within the assessment district has recommended in writing and spread upon the minutes of the board conducting the proceedings that such improvements will serve the public health and welfare, and the same is found to exist by resolution adopted by the affirmative vote of four-fifths of the members thereof. The findings and determinations made by the board pursuant to this section shall be final and conclusive.

      7.  The limitations on amounts of assessments shall not apply to proceedings for the construction of sidewalks when required for the safety of pupils attending school, and the necessity for such requirement is found to exist by the board conducting the proceedings, which necessity is expressed by resolution adopted by the affirmative vote of four-fifths of the members thereof. The findings and determinations made by the board pursuant to this section shall be final and conclusive.

      8.  Notwithstanding anything in this section, if the board, prior to the adoption of the resolution ordering the acquisition or improvement, finds by a four-fifths vote of all members thereof entered upon its minutes that the proposed project is feasible and that the lands to be assessed will be able to carry the burden of such proposed assessment, the limitations on the amounts of assessments provided for herein may be disregarded. However, if, at the hearing on the report, protests in writing are filed by the owners, as defined in subsection 4, of a majority in area of the lands to be assessed, such limitations shall not be exceeded except as to proceedings had under subsections 4, 5 and 6. A finding and determination by the board that the limitation on assessments herein provided may be disregarded shall be final and conclusive.


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ê1963 Statutes of Nevada, Page 636 (Chapter 332, AB 138)ê

 

      9.  Each type of improvement, such as grading, paving, curbs and gutters, sanitary sewerage facilities or storm drainage facilities, shall constitute an improvement. Sidewalks shall be a distinct improvement when not monolithic with curbs and gutters. More than one improvement may be combined in one local improvement proceeding when the board determines that it will be economical so to do. If in the combination improvements are separate and distinct by reason of substantial difference in their character or location or otherwise, each such improvement shall be designated and treated as a separate unit or district or proceeding in the proceeding for the purpose of objection and assessment. The costs of each unit shall be segregated for the levy of the assessment and an equitable share of the incidental expenses shall be allocated to each assessment unit. The determinations of the board shall be final and conclusive.

      Sec. 19.  NRS 318.420 is hereby amended to read as follows:

      318.420  1.  All special assessments shall from the date of approval thereof constitute a lien upon the respective lots or parcels of land assessed coequal with the lien of general taxes, not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes, and prior and superior to all liens, claims, encumbrances and titles other than liens of general taxes.

      2.  Upon the approval of any assessment, the amount thereof may be divided into not more than 15 annual or 30 semiannual installments to be collected at such time, with such interest, at a rate not to exceed [8] 7 percent per annum, and with such penalties to be collected upon delinquent payments, as the board may determine; but at the option of the owner of property assessed, the whole or any part of the unpaid principal, with interest accruing thereon to the next interest payment date, is payable at any time.

      Sec. 20.  NRS 318.460 is hereby amended to read as follows:

      318.460  1.  When the board determines to make any public improvements and determines to defray the whole or any part of the cost or expense thereof by special assessment, the board may, by resolution, at the time it directs such special assessment to be made by the assessor, or at any time thereafter while any part of the assessment remains unpaid, without submitting the question to the electors of the general improvement district at any general or special election, cause to be issued bonds of such district, not exceeding the amount of the assessments outstanding and unpaid, for the purpose of defraying all or part of the cost or expense of such improvements.

      2.  The bonds shall:

      (a) Be signed by the chairman of the district and countersigned by the secretary of the district.

      (b) Each be in a denomination in a multiple of $100, but not exceeding $1,000, except bond numbered one may be in an odd denomination.

      (c) Be serial in form and maturity, the various annual maturities commencing not later than the third year and ending not later than 15 years after date of issue, and shall mature in equal annual installments; but the first and last installments may be for a greater or lesser amount than the other installments.


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ê1963 Statutes of Nevada, Page 637 (Chapter 332, AB 138)ê

 

      (d) Be subject to prior redemption at the option of the district, whenever funds are available therefor, on any interest payment date prior to maturity, at a price equal to the principal amount thereof and with accrued interest to the redemption date.

      3.  [Interest on all such bonds shall be at a rate at least 1 percent per annum less than the interest on the installments of principal assessments outstanding and unpaid, but shall in no event exceed the rate of 7 percent per annum, and shall be payable annually or semiannually at such times as the board may direct.] The bonds and coupons shall be payable to bearer and shall be transferable by delivery.

      4.  The principal of the assessments shall be payable and be collected in semiannual or annual installments, as determined in the resolution providing for the issuance of the bonds, in annual amounts equal to the principal determined each year to accrue for such year on bonds then outstanding, as nearly as may be, and NRS 318.420 shall not apply.

      5.  Interest on the unpaid assessments shall be at the rate stated in the bonds, and shall be payable and be collected in semiannual or annual amounts sufficient to pay the interest to accrue for such year on bonds then outstanding.

      Sec. 21.  This act shall become effective upon passage and approval.

 

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CHAPTER 333, AB 320

Assembly Bill No. 320–Committee on Roads, Transportation and Aviation

CHAPTER 333

AN ACT to amend NRS section 366.610, relating to the priority of the lien attaching to a motor vehicle for nonpayment of the special fuel tax, by providing that such lien shall be subordinate to certain private liens or encumbrances upon such vehicle; and by providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 366.610 is hereby amended to read as follows:

      366.610  The lien shall be paramount to all private liens or encumbrances of whatever character upon the motor vehicle, and to the rights of any conditional vendor or any other holder of the legal title in or to such motor vehicle [.] , with the following exceptions:

      1.  The lien shall not be enforcible against any motor vehicle which was transferred in good faith to a bona fide transferee before physical possession of the motor vehicle was taken by the State of Nevada pursuant to the lien.

      2.  The lien shall be subject to any lien of indebtedness secured by a chattel mortgage or conditional sales agreement which existed against a motor vehicle prior to the time when the lien provided for by NRS 366.590 attached to such motor vehicle if:


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ê1963 Statutes of Nevada, Page 638 (Chapter 333, AB 320)ê

 

      (a) Such indebtedness was incurred in good faith to secure a portion of the purchase price of such motor vehicle; and

      (b) Such indebtedness is secured by a chattel mortgage or conditional sales agreement perfected as required by law; and

      (c) Such chattel mortgage, whether a purchase money mortgage or otherwise, or conditional sales agreement was not given, directly or indirectly, to any officer or stockholder of a corporation having the lawful use or control of such motor vehicle.

      3.  Notwithstanding the provisions of subsection 2, the lien provided for by NRS 366.590 shall be enforcible as to any equity which may remain in a motor vehicle subject to such lien after the encumbrance of any chattel mortgage or conditional sales agreement has been removed by repossession and sale of such motor vehicle by a chattel mortgagee or conditional vendor, but no such sale, either public or private, may be had unless such chattel mortgagee or conditional vendor shall have served, by registered mail, at least 5 days prior to the date set for sale, notice upon the director of the department of the time and place of such sale. The department shall notify the legal owner, if the name of the legal owner is known to the department, at the time the lien attaches to any vehicle, or as soon thereafter as the department learns that the lien has attached.

 

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CHAPTER 334, AB 218

Assembly Bill No. 218–Clark County Delegation

CHAPTER 334

AN ACT to amend an act entitled “An Act fixing the salaries and compensation of officers, deputy officers and employees of Clark County, Nevada, and repealing all other acts and parts of acts in conflict therewith,” approved March 24, 1955, as amended.

 

[Approved April 12, 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 206, Statutes of Nevada 1955, as last amended by chapter 305, Statutes of Nevada 1961, at page 585, is hereby amended to read as follows:

      Section 1.  From and after the first Monday in January 1963, the county officers and deputy county officers and employees of Clark County, Nevada, shall receive the following salaries and compensation for all services rendered:

      1.  The sheriff of Clark County shall receive an annual salary of $14,400, payable in equal monthly installments, which shall be in lieu of all commissions, fees and allowances collected in his capacity as ex officio license collector, and he shall have one undersheriff to be selected by him who shall receive a monthly salary of not less than $750, and such other deputies and clerical help, to be named by him, as the work in his office may justify, subject to the consent of the board of county commissioners, for such compensation as shall be fixed by the board of county commissioners.


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ê1963 Statutes of Nevada, Page 639 (Chapter 334, AB 218)ê

 

by him, as the work in his office may justify, subject to the consent of the board of county commissioners, for such compensation as shall be fixed by the board of county commissioners. He shall be allowed his actual traveling expenses, or those of his deputy, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.

      2.  The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive an annual salary of $10,000, payable in equal monthly installments, for all services in the office, and may be allowed such deputies and clerical help, to be named by such clerk, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, that the chief deputy county clerk shall receive a monthly salary of not less than $600. The county clerk shall be allowed actual traveling expenses, or those of a deputy, to consist of actual costs of transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.

      3.  The county assessor shall receive an annual salary of $10,000, payable in equal monthly installments, as compensation for all services as such officer or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipality or political subdivision shall be deposited by the assessor to the credit of the county in the county general fund. The county assessor may be allowed a chief deputy who shall receive a monthly salary of not less than $600, and other deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners. The county assessor, or his deputy, shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.

      4.  The county treasurer and ex officio tax collector shall receive an annual salary of $9,600, payable in equal monthly installments for all his services as such treasurer or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipality or political subdivision shall be deposited by the treasurer to the credit of the county in the county general fund, and he may be allowed such deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, the chief deputy county treasurer shall receive a monthly salary of not less than $600. The county treasurer shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties, providing that the expenses shall be first audited and allowed by the board of county commissioners.


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ê1963 Statutes of Nevada, Page 640 (Chapter 334, AB 218)ê

 

consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties, providing that the expenses shall be first audited and allowed by the board of county commissioners.

      5.  The county recorder and auditor shall receive an annual salary of $9,600, payable in equal monthly installments as compensation for all his services as such county recorder and auditor or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipal corporation or political subdivision shall be deposited by the recorder and auditor to the credit of the county in the county general fund. The county recorder and auditor may be allowed such deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, the chief deputy in the office shall receive a monthly salary of not less than $600. The county recorder and auditor shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual cost of transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.

      6.  The district attorney shall receive an annual salary of $17,000, payable in equal monthly installments for all his services as such officer. He may have such deputies, clerical help or other personnel, to be named by him, as the board of county commissioners may deem necessary and at salaries to be fixed by the board of county commissioners; provided, however, the two chief deputy district attorneys, one for civil matters and one for criminal matters, shall receive a monthly salary of not less than $1,000. The district attorney shall be allowed to employ, subject to the approval of the board of county commissioners, special investigators at salaries to be fixed by the board of county commissioners. [, but in no event shall the salary of any special investigator exceed the sum of $6,600 per annum.] The district attorney shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners. The district attorney and his chief deputies shall not engage in the private practice of law.

      7.  The county commissioners shall each receive an annual salary of $6,000, payable in equal monthly installments, which shall be in full compensation for all services whatsoever required of such commissioners. They shall be allowed all their actual traveling expenses, to consist of actual costs of their transportation and living expenses while absent from the county seat in the performance of their official duties, provided the expenses shall be first audited and allowed by a majority of the board of county commissioners. Each commissioner shall be entitled to traveling expenses in the sum of 10 cents per mile in traveling to and from the meetings of the commissioners. The chairman of the board of county commissioners without additional compensation, shall be ex officio purchasing agent of the county with such powers and duties as may be prescribed by the board of county commissioners.


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ê1963 Statutes of Nevada, Page 641 (Chapter 334, AB 218)ê

 

county commissioners without additional compensation, shall be ex officio purchasing agent of the county with such powers and duties as may be prescribed by the board of county commissioners.

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

 

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CHAPTER 335, SB 269

Senate Bill No. 269–Committee on Judiciary

CHAPTER 335

AN ACT to amend chapter 267 of NRS, relating to cities having the commission form of municipal government, by adding a new section authorizing the governing body of such a city to create a land improvement fund; specifying the sources and uses of such fund; and providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 267 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The governing body of a city having the type of commission form of government described in paragraph (b) of subsection 1 of NRS 267.010, which has acquired by the provisions of any federal or any other law real property within its corporate boundaries, and which has adopted a policy, by its charter, of leasing or selling such real property, or portions thereof, in a manner that will result in the maximum benefit accruing to the city from such leases and sales, may, by ordinance, with the approval of the Nevada tax commission, create a land improvement fund, which fund shall not be subject to the provisions of NRS 354.330 to 354.400, inclusive.

      2.  The land improvement fund may be composed of:

      (a) Moneys transferred from any capital improvement fund existing pursuant to the provisions of the charter when so authorized by the registered voters of the city at an election.

      (b) Moneys contributed from the general fund of the city by action of the governing body, which contributions need not be repaid to the general fund of the city.

      (c) Such portion of the proceeds received by the city from the lease and sale of the real property as may be provided for by the charter or by city ordinance.

      (d) Any other moneys the deposit of which in the land improvement fund is budgeted for by the governing body or authorized by the registered voters of the city.

      3.  Moneys in the land improvement fund may be expended for:

      (a) Preparation of real property for sale or lease and costs incidental thereto.


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ê1963 Statutes of Nevada, Page 642 (Chapter 335, SB 269)ê

 

      (b) Acquisition and construction of improvements on such real property prior to its sale or lease.

      Sec. 2.  This act shall operate to supply such legislative authority as may be necessary to validate any acts and proceedings heretofore taken by the city, its officers and employees appertaining to the expenditures of moneys for the sale and lease of city-owned real property which the legislature could have supplied or provided for in the law under which such acts or proceedings were taken; but this act shall be limited to such 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 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 act, proceeding or other matter which has heretofore been determined in any legal proceeding to be illegal, void or ineffective.

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

 

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CHAPTER 336, SB 261

Senate Bill No. 261–Senator Bissett (by request)

CHAPTER 336

AN ACT to amend NRS section 463.027, relating to the organization of the Nevada gaming commission, by increasing the authorized maximum salary of the secretary of such commission.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 463.027 is hereby amended to read as follows:

      463.027  1.  The commission may:

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

      (b) Employ and discharge an executive secretary, who shall receive an annual salary not to exceed [$12,000,] $12,600, the amount to be set by the commission, and who shall perform such duties as the commission may require, and such other personnel as it may deem necessary.

      (c) Acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and all other things as it may deem necessary or desirable in carrying out its functions.

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

      2.  Except as otherwise provided in this chapter, all costs of administration incurred by the commission shall be paid out on claims from the general fund in the state treasury in the same manner as other claims against the state are paid.


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ê1963 Statutes of Nevada, Page 643 (Chapter 336, SB 261)ê

 

      3.  The commission shall classify its employees as executive, supervisory, investigative and clerical, as it shall deem appropriate. No member or employee of the commission, other than those designated as clerical employees, shall be included in the classified service nor be subject to any of the provisions of chapter 284 of NRS or any acts amendatory of or supplemental thereto.

 

________

 

 

CHAPTER 337, SB 245

Senate Bill No. 245–Committee on Aviation, Transportation and Highways

CHAPTER 337

AN ACT to amend chapter 361 of NRS, relating to property taxes, by adding a new section providing for abatement of taxes on real property acquired by the state for highway purposes; and providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  As used in this section:

      (a) “Acquired” means acquired either by purchase and deed or by condemnation proceedings pursuant to chapter 37 of NRS.

      (b) “For highway purposes” means for the purposes set forth in NRS 408.970.

      2.  Taxes levied on real property which is acquired by the State of Nevada for highway purposes shall be abated ratably for the portion of the fiscal year such real property is owned by the state.

      3.  For the purposes of such abatement, the State of Nevada shall be deemed to own real property acquired by purchase commencing with the date the deed is recorded and to own real property acquired by condemnation from the date of judgment pursuant to NRS 37.160 or the date of occupancy of the property pursuant to NRS 37.100, whichever occurs earlier.

 

________

 

 


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ê1963 Statutes of Nevada, Page 644ê

 

CHAPTER 338, SB 240

Senate Bill No. 240–Committee on Aviation, Transportation and Highways

CHAPTER 338

AN ACT to amend NRS sections 408.295 to 408.842, inclusive, describing the routes comprising the state highway system, by describing the routes uniformly in westerly to easterly and southerly to northerly directions; changing certain termini and eliminating the overlapping of certain routes; modernizing locational and directional words describing the routes; and providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 408.295 is hereby amended to read as follows:

      408.295  [Route 1 begins at a point on the Utah-Nevada state line near Wendover, thence in a westerly direction through Wells, Elko, Carlin, Battle Mountain, Winnemucca, Lovelock, Fernley and Wadsworth to the city of Reno; thence westerly through Verdi to a connection with the California state highway system.] Route 1 begins at a point on the California-Nevada state line, thence easterly via Verdi, Reno, Wadsworth, Fernley, Lovelock, Winnemucca, Battle Mountain, Carlin, Elko and Wells to a point on the Nevada-Utah state line by Wendover.

      Sec. 2.  NRS 408.300 is hereby amended to read as follows:

      408.300  [Route 1a begins at a point on Route 1 at or near Miriam, thence by the most direct and feasible route to Fallon; thence by the most direct and feasible route to a connection with Route 3 at or near Schurz.] Route 1a begins at a point on Route 3 near Schurz, thence northerly via Fallon to a point on Route 1 southwest of the Churchill-Pershing County line.

      Sec. 3.  NRS 408.305 is hereby amended to read as follows:

      408.305  [Route 1b begins at a point on Route 1 in Fernley, Lyon County, thence in a southerly direction to a connection with Route 2b at the Towle ranch.] Route 1b begins at a point on Route 2b near Weeks, thence northerly to a point on Route 1 at Fernley.

      Sec. 4.  NRS 408.310 is hereby amended to read as follows:

      408.310  [Route 1c begins on Route 2a at a point 3.4 miles west of the intersection with Route 1b, thence southeasterly to a connection with Route 1b 4 miles, more or less, north of the Towle ranch.] Route 1c begins at a point on Route 1b north of Weeks, thence northwesterly to a point on Route 2a west of Silver Springs.

      Sec. 5.  NRS 408.315 is hereby amended to read as follows:

      408.315  [Route 2 begins at a point on the Utah-Nevada state line near Ibapah, Utah, thence in a southwesterly direction to the city of Ely; thence westerly through Eureka, Austin, Fallon and Hazen to a connection with Route 1 at a point near Fernley.] Route 2 begins at a point on Route 1 east of Fernley, thence southeasterly by Hazen and via Fallon, and thence easterly via Austin, Eureka and Ely, and thence northeasterly to a point on the Nevada-Utah state line near Ibapah, Utah.


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

ê1963 Statutes of Nevada, Page 645 (Chapter 338, SB 240)ê

 

      Sec. 6.  NRS 408.320 is hereby amended to read as follows:

      408.320  [Route 2a begins at a point on Route 2 at or near Leeteville, Churchill County, thence via Lahontan and Dayton to a connection with Route 3 in Carson City.] Route 2a begins at a point on Route 3 at Carson City, thence easterly via Dayton to a point on Route 2 near Leeteville.

      Sec. 7.  NRS 408.325 is hereby amended to read as follows:

      408.325  [Route 2b begins at a point on Route 2a approximately 5 miles northeast of Dayton, thence in an easterly direction to the Towle ranch near Fort Churchill; thence southerly through Wabuska to a connection with Route 3 in the city of Yerington.] Route 2b begins at a point on Route 2a northeast of Dayton, thence easterly along the Carson River, and thence southerly by Weeks and Wabuska to a junction with Route 3 at Yerington.

      Sec. 8.  NRS 408.330 is hereby amended to read as follows:

      408.330  [Route 2c begins at a point in the city of Yerington, Lyon County, where Route 3 (or Main Street) intersects Bridge Street in the city of Yerington, thence east 1 mile along East Bridge Street; thence southeasterly through the so-called Reese River Pass to a connection with Route 3, again, at or near Lakeview on Walker Lake, Mineral County.] Route 2c begins at a point on Route 3 at Yerington, thence easterly along East Bridge Street, and thence southeasterly by Reese River Pass to a junction with Route 3 near Walker Lake.

      Sec. 9.  NRS 408.335 is hereby amended to read as follows:

      408.335  [Route 3 begins at a point on Route 1 in the city of Reno, thence southerly through Carson City to a point approximately 3 miles southerly therefrom; thence westerly to Lake Tahoe, near Glenbrook; thence in a southerly direction to a connection with the California state highway system at or near Lakeside. Route 3 begins again at a point approximately 3 miles south of Carson City, thence to the city of Yerington by way of Minden, Gardnerville and Wellington; thence to the northerly end of Walker Lake by the most available and practicable route, thence along the west side of Walker Lake to the town of Hawthorne; thence to and through the towns of Luning and Mina to the town of Tonopah; thence southerly through the town of Goldfield to a point approximately 15 miles southerly; thence westerly by way of Lida and Palmetto Canyon to a connection with the California state highway system.] Route 3 begins at a point on the California-Nevada state line, thence easterly by Lida to the junction of Route 5, thence northerly via Goldfield, Tonopah, Mina, Luning and Hawthorne to the junction of Route 1a near Schurz, thence westerly by Yerington, Wellington, Gardnerville, Minden and via Carson City to a point on Route 1 at Reno. Route 3 begins again at a point on the California-Nevada state line by Stateline, thence northerly and easterly to a junction with itself at Clear Creek Junction.

      Sec. 10.  NRS 408.340 is hereby amended to read as follows:

      408.340  [Route 3a begins at a point on Route 15, approximately 7 miles west of Coaldale, thence in a southerly direction through Fish Lake Valley to a connection with the California state highway system.]


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

ê1963 Statutes of Nevada, Page 646 (Chapter 338, SB 240)ê

 

system.] Route 3a begins at a point on the California-Nevada state line south of Dyer, thence northerly through Fish Lake Valley to a point on Route 15 west of Coaldale.

      Sec. 11.  NRS 408.345 is hereby amended to read as follows:

      408.345  [Route 3b begins at a point on Route 3 approximately 5 miles southerly from its junction with Routes 17 and 27, thence southerly via the east side of Washoe Lake, connecting again with Route 3 at a point approximately 3 miles north of Carson City.] Route 3b begins at a point on Route 3 north of Carson City, thence in a northerly direction along the east side of Washoe Lake to a point on Route 3 near Washoe City.

      Sec. 12.  NRS 408.350 is hereby amended to read as follows:

      408.350  [Route 3c begins at a point on Route 3 approximately 7 miles south of Yerington, thence southeasterly and southerly along or near the East Walker River to Wichman; thence southerly to the Nevada-California state line en route to Bodie, California.] Route 3c begins at a point on the California-Nevada state line north of Bodie, California, thence northerly by Wichman and near the East Walker River to a point on Route 3 south of Yerington.

      Sec. 13.  NRS 408.355 is hereby amended to read as follows:

      408.355  [Route 4 begins at a point on Route 2 in the city of Ely, thence in a general southwesterly direction to a connection with Route 3 in Tonopah.] Route 4 begins at a point on Route 3 at Tonopah, thence northeasterly to a point on Route 2 in Ely.

      Sec. 14.  NRS 408.360 is hereby amended to read as follows:

      408.360  [Route 5 begins at a point on Route 3 approximately 15 miles southerly from Goldfield, thence southeasterly to Beatty; thence to Las Vegas; thence through Searchlight to a connection with the California state highway system.] Route 5 begins at a point on the California-Nevada state line, thence northerly via Searchlight, Las Vegas and Beatty to a point on Route 3 south of Goldfield.

      Sec. 15.  NRS 408.365 is hereby amended to read as follows:

      408.365  [Route 5a begins at a point on Route 5 at the intersection of Bonanza Road and Main Street in the city of Las Vegas, thence southeasterly along or near Bonanza Road to a connection with Route 6b at Fifth Street.] Route 5a begins at a point on Route 6b in Las Vegas, thence northwesterly along Bonanza Road to a point on Route 5 (North Main Street).

      Sec. 16.  NRS 408.370 is hereby amended to read as follows:

      408.370  [Route 5b begins at a point on Route 5a in the city of Las Vegas at or near its junction with Second Street extended, thence southwesterly along or near Second Street to a connection with Route 5 at Fremont Avenue.] Route 5b begins at a point on Route 5 (Fremont Street) in Las Vegas, thence northeasterly along North Second Street to a point on Route 5a.

      Sec. 17.  NRS 408.375 is hereby amended to read as follows:

      408.375  [Route 5c begins at a point on Route 5 near the junction of Bonanza Road and Tonopah Drive in the city of Las Vegas, thence southerly to Charleston Boulevard; thence easterly along Charleston Boulevard to a connection with Route 5, again, near the east city limits of Las Vegas.]


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

ê1963 Statutes of Nevada, Page 647 (Chapter 338, SB 240)ê

 

Boulevard to a connection with Route 5, again, near the east city limits of Las Vegas.] Route 5c begins at a point on Route 5 (Fremont Street) in Las Vegas, thence westerly and northerly along Charleston Boulevard and Rancho Road to a point on Route 5 (Bonanza Road).

      Sec. 18.  NRS 408.380 is hereby amended to read as follows:

      408.380  [Route 6 begins at the Arizona-Nevada state line near Mesquite, thence southwesterly through Las Vegas and Jean to a connection with the California state highway system.] Route 6 begins at a point on the California-Nevada state line, thence northerly via Jean to a point on Route 5 (Fremont Street) in Las Vegas. Route 6 begins again at a point on Route 5 (Bonanza Road) in Las Vegas, thence northeasterly to a point on the Nevada-Arizona state line near Mesquite.

      Sec. 19.  NRS 408.385 is hereby amended to read as follows:

      408.385  [Route 6a begins at a point on Route 6 at or near the junction of First and Fifth Streets in the city of Las Vegas, thence northerly to and along Main Street to a connection with Route 6, again, at Fremont Avenue.] Route 6a begins at a point on Route 6 (Las Vegas Boulevard South) in Las Vegas, thence northerly via Main Street to a point on Route 5 (Fremont Street).

      Sec. 20.  NRS 408.390 is hereby amended to read as follows:

      408.390  [Route 6b begins at a point on Route 6 at the intersection of Fifth Street and Fremont Avenue in the city of Las Vegas, thence northerly along or near Fifth Street to a connection with Route 6, again, near the north city limits of Las Vegas.] Route 6b begins at a point on Route 5 (Fremont Street) in Las Vegas, thence northerly along Las Vegas Boulevard North to a point on Route 6 in North Las Vegas.

      Sec. 21.  NRS 408.395 is hereby amended to read as follows:

      408.395  [Route 6c begins at a point on Route 6 approximately 3 miles south of the south city limits of Las Vegas, thence northeasterly to an intersection with Route 5 near the east city limits of Las Vegas; thence northerly to a connection with Route 6, again, approximately 1.5 miles northeast of the north city limits of Las Vegas.] Route 6c begins at a point on Route 6 approximately 3 miles south of Sahara Avenue, thence northeasterly to an intersection with Route 5, thence northerly to a junction with Route 6 northeast of Las Vegas.

      Sec. 22.  NRS 408.400 is hereby amended to read as follows:

      408.400  [Route 7 begins at a point on Route 2 in the city of Ely, thence southerly through Pioche to Caliente; thence through Crystal Springs to Alamo in Lincoln County, thence to Moapa in Clark County to a connection with Route 6 at or near Glendale.] Route 7 begins at a point on Route 6 at Glendale, thence northerly by Moapa and Alamo and northeasterly via Caliente and Pioche to a point on Route 2 at East Ely.

      Sec. 23.  NRS 408.405 is hereby amended to read as follows:

      408.405  [Route 8 begins at a point on Route 1 in the city of Winnemucca, thence northerly on the most feasible route via Paradise Hill to a connection with the Oregon state highway system at McDermitt.]


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

ê1963 Statutes of Nevada, Page 648 (Chapter 338, SB 240)ê

 

McDermitt.] Route 8 begins at a point on Route 1 in Winnemucca, thence northerly by Paradise Hill to a point on the Nevada-Oregon state line at McDermit.

      Sec. 24.  NRS 408.410 is hereby amended to read as follows:

      408.410  [Route 8a begins on Route 8 at or near Paradise Hill, thence northwesterly by the most feasible route through Amos, Quinn River Crossing; and thence to Denio; thence westerly through Thousand Creek to Massacre Lake; thence westerly through Vya and the ’49 Station to a connection with the California state highway system. Route 8a begins again in Battle Mountain on Route 1; thence in a southerly direction over what is known as the Jenkins Highway along the east side of Reese River Valley to a connection with Route 2 near Austin; thence easterly along Route 2 to the mouth of Blackbird Canyon; thence southerly through Big Smoky Valley by the most feasible route to a connection with Route 4 near Tonopah.]

      Route 8a begins at a point on Route 4 east of Tonopah, thence northerly through Smoky Valley to a point on Route 2 east of Austin. Route 8a begins again at a point on Route 2 west of Austin, thence northerly through the Reese River Valley to a point on Route 1 at Battle Mountain. Route 8a begins again at a point on Route 8 north of Paradise Hill, thence northwesterly to a point on the Nevada-Oregon state line at Denio. Route 8a begins again at the California-Nevada state line east of Cedarville, California, thence easterly by Vya, Massacre Lake and Thousand Creek to a junction with itself south of Denio.

      Sec. 25.  NRS 408.415 is hereby amended to read as follows:

      408.415  [Route 8b begins at the south base of Paradise Hill in Humboldt County on Route 8, thence through Paradise Valley to Indian Creek in the Santa Rosa National Forest by the most feasible and direct route.] Route 8b begins at a point on Route 8 near Paradise Hill, thence northeasterly via Paradise Valley to the south boundary of the Humboldt National Forest south of Indian Creek.

      Sec. 26.  NRS 408.420 is hereby amended to read as follows:

      408.420  [Route 9 begins at the junction of Routes 1 and 3 in the city of Reno, thence northerly to a connection with the California state highway system near Purdy.] Route 9 begins at a point on Route 1 at Reno, thence northerly to a point on the California-Nevada state line near Hallelujah Junction, California.

      Sec. 27.  NRS 408.425 is hereby amended to read as follows:

      408.425  [Route 10 begins at a point approximately 8 miles south of Mina, thence southwesterly by way of Montgomery Pass to a connection with the California state highway system.] Route 10 begins at a point on the California-Nevada state line west of Basalt, thence easterly by Montgomery Pass and northerly to a point on Route 3 south of Mina.

      Sec. 28.  NRS 408.430 is hereby amended to read as follows:

      408.430  [Route 11 begins at a point on the Idaho-Nevada state line near Owyhee, thence in a southerly direction via White Rock, Deep Creek and Independence Valley to a connection with Route 1 in the city of Elko; thence easterly on Route 1 to a point at or near Halleck; thence southeasterly through Secret Pass to a connection with Route 13.]


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ê1963 Statutes of Nevada, Page 649 (Chapter 338, SB 240)ê

 

in the city of Elko; thence easterly on Route 1 to a point at or near Halleck; thence southeasterly through Secret Pass to a connection with Route 13.] Route 11 begins at a point on Route 13 south of Wells, thence northwesterly by Secret Pass and Halleck to a point on Route 1. Route 11 begins again on Route 1 at Elko, thence northerly by Independence Valley, Deep Creek, White Rock and Owyhee to a a point on the Nevada-Idaho state line north of Owyhee.

      Sec. 29.  NRS 408.435 is hereby amended to read as follows:

      408.435  [Route 11a begins at a point on the Idaho-Nevada state line at or near Owyhee, thence in a southeasterly direction to Mountain City in Elko County; thence in a southerly direction to a connection with Route 11 at or near Deep Creek in Elko County.] Route 11a begins at a point on Route 11 near Deep Creek, thence northeasterly by Mountain City to a point on Route 11 south of Owyhee.

      Sec. 30.  NRS 408.440 is hereby amended to read as follows:

      408.440  [Route 12 begins at a point on Route 6 approximately 3 miles east of the Muddy River, thence in a southeasterly direction through Logandale and Overton to Lake Mead.] Route 12 begins at Lake Mead south of Overton, thence northerly via Overton and Logandale to a point on Route 6 east of Glendale.

      Sec. 31.  NRS 408.445 is hereby amended to read as follows:

      408.445  [Route 13 begins at a point on the Idaho-Nevada state line north of Contact, thence southerly through Contact to a connection with Route 1 in Wells; thence continuing southerly to a connection with Route 24 at a point approximately 5 miles south of the Elko-White Pine County Line.] Route 13 begins at a point on Route 24 south of the White Pine-Elko County line, thence northerly via Wells and Contact to a point on the Nevada-Idaho state line north of Jackpot.

      Sec. 32.  NRS 408.450 is hereby amended to read as follows:

      408.450  [Route 14 begins at a point on Route 7 at or near Connor’s Pass, thence in an easterly direction to a connection with the Utah state highway system near Baker, Nevada.] Route 14 begins at a point on Route 7 near the east foot of Connors Pass, thence easterly to the Nevada-Utah state line northeast of Baker.

      Sec. 33.  NRS 408.455 is hereby amended to read as follows:

      408.455  [Route 15 begins on Route 3 at Coaldale, thence westerly to a connection with Route 10 at or near Basalt.] Route 15 begins at a point on Route 10 near Basalt, thence easterly to a point on Route 3 near Coaldale.

      Sec. 34.  NRS 408.460 is hereby amended to read as follows:

      408.460  [Route 16 begins at a point on Route 5 at or near what was formerly known as Amargosa Station, thence southerly through or near Johnnie Town; thence southerly through Pahrump Valley to a connection with the California state highway system at or near the 36th parallel.] Route 16 begins at a point on the California-Nevada state line near the 36th parallel, thence northerly through Pahrump Valley and by Johnnie to a point on Route 5 southeast of Lathrop Wells.

      Sec. 35.  NRS 408.465 is hereby amended to read as follows:


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

ê1963 Statutes of Nevada, Page 650 (Chapter 338, SB 240)ê

 

      408.465  [Route 17 begins at a point on Route 3 approximately 10 miles south of Reno, thence through Virginia City to a connection with Route 2a at or near Mound House.] Route 17 begins at a point on Route 2a east of Carson City, thence northerly via Virginia City to a point on Route 3 south of Reno.

      Sec. 36.  NRS 408.470 is hereby amended to read as follows:

      408.470  [Route 18 begins at a point on Route 11 at or near Tuscarora, thence by the most feasible route to Midas; thence southwesterly by the most feasible and practicable route to a connection with Route 1 at or near Golconda.] Route 18 begins at a point on Route 1 at Golconda, thence easterly by Midas and Tuscarora to a point on Route 11 east of Tuscarora.

      Sec. 37.  NRS 408.475 is hereby amended to read as follows:

      408.475  [Route 18a begins at the intersection of U.S. 40 with the road commonly known as the Battle Mountain-North Battle Mountain Road; thence north to North Battle Mountain railroad station, thence northwesterly to the connection with the Getchell Mine Road on Route 18] Route 18a begins at a point on Route 1 at Battle Mountain, thence northerly to North Battle Mountain, and thence westerly to Route 18 south of Getchell Mine.

      Sec. 38.  NRS 408.480 is hereby amended to read as follows:

      408.480  [Route 19 begins at a point on Route 3 near the California-Nevada state line at the south end of Lake Tahoe, thence easterly through Kingsbury Canyon toward Genoa; thence by the most feasible route to a connection with Route 3 near Minden; thence southerly along Route 3 to a point south of Holbrook; thence southerly near Topaz Lake to a connection with the California state highway system near Coleville, California.] Route 19 begins at a point on the California-Nevada state line near Topaz Lake, thence northerly to a point on Route 3 southeast of Gardnerville. Route 19 begins again at a point on Route 3 near Stateline, thence easterly by Kingsbury Canyon to a point on Route 3 northwest of Minden.

      Sec. 39.  NRS 408.485 is hereby amended to read as follows:

      408.485  [Route 20 begins at a point on Route 1 about 6 miles north of Palisade, thence southerly through Palisade and Pine Valley; thence by the most feasible and direct route to the town of Eureka; thence from a point on Route 2 near the east Eureka County line to Fish Creek; thence by the most direct and feasible route to a connection with Route 4 at Callaway’s ranch.] Route 20 begins at a point on Route 4 near Currant, thence northerly by Duckwater to a point on Route 2 west of the Eureka-White Pine County line. Route 20 begins again at a point on Route 2 northwest of Eureka, thence northerly by Pine Valley to a point on Route 1 at Carlin.

      Sec. 40.  NRS 408.490 is hereby amended to read as follows:

      408.490  [Route 21 begins at a point on Route 1 between Dunphy and Primeaux, thence to Beowawe; thence along the most feasible route via Tenabo to Cortez; thence southwesterly on the most feasible route through Grass Valley to a connection with Route 2 near Austin; thence westerly along Route 2 approximately 15 miles to a connection with the Austin-Ione post road; thence along the Austin-Ione post road to Ione.]


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

ê1963 Statutes of Nevada, Page 651 (Chapter 338, SB 240)ê

 

with the Austin-Ione post road; thence along the Austin-Ione post road to Ione.] Route 21 begins at the northern terminus of Route 91 at Ione, thence northeasterly to a point on Route 2 west of Austin. Route 21 begins again at a point on Route 2 southeast of Austin, thence northerly through Grass Valley via Cortez and Beowawe to a point on Route 1 east of Dunphy.

      Sec. 41.  NRS 408.495 is hereby amended to read as follows:

      408.495  [Route 22 begins at a point on Route 3 at or near Wellington, thence southerly by the most feasible route to Sweetwater; thence southwesterly to a connection with the California state highway system leading to Bridgeport, California.] Route 22 begins at a point on the California-Nevada state line north of Bridgeport, California, thence northerly by Sweetwater to a point on Route 3 at Wellington.

      Sec. 42.  NRS 408.500 is hereby amended to read as follows:

      408.500  [Route 23 begins at a point near Luning on Route 3, thence northerly to Quartz Mountain; thence northerly along the most feasible route to a connection with Route 2 in Churchill County.] Route 23 begins at a point on Route 3 by Luning, thence northerly via Gabbs to a point on Route 2 near Middlegate.

      Sec. 43.  NRS 408.505 is hereby amended to read as follows:

      408.505  [Route 24 begins at a point on Route 1 near Wendover, thence in a southwesterly direction to a connection with Route 2 in Steptoe Valley between Magnuson’s ranch and Currie.] Route 24 begins at a point on Route 2 near Schellbourne, thence northeasterly to a point on Route 1 at Eastline.

      Sec. 44.  NRS 408.510 is hereby amended to read as follows:

      408.510  [Route 25 begins at a point east of Tonopah on Route 4, thence easterly to a connection in Lincoln County with Route 7 at Crystal Springs. Route 25 begins again at a point on Route 7 near Panaca, thence through the town of Panaca to a connection with the Utah state highway system.] Route 25 begins at a point on Route 4 at Warm Springs, thence easterly to a point on Route 7 at Crystal Springs. Route 25 begins again at a point on Route 7 west of Panaca, thence easterly via Panaca to a point on the Nevada-Utah state line.

      Sec. 45.  NRS 408.515 is hereby amended to read as follows:

      408.515  [Route 26 begins at a point on Route 5, approximately 18 miles southeast of Las Vegas, thence by the shortest and most feasible route through Boulder City to a connection with the Arizona state highway system at the Boulder Dam.] Route 26 begins at a point on Route 5 at Railroad Pass, thence easterly via Boulder City to the Nevada-Arizona state line on Hoover Dam.

      Sec. 46.  NRS 408.520 is hereby amended to read as follows:

      408.520  [Route 27 begins at a point on Route 3 near Steamboat Springs, thence in a westerly direction by the shortest and most feasible route to a connection with Route 28 near Incline.] Route 27 begins at a point on Route 28 at Incline Village, thence easterly to a point on Route 3 north of Steamboat Springs.

      Sec. 47.  NRS 408.525 is hereby amended to read as follows:

      408.525  [Route 28 begins at a point on Route 3 at Spooners, thence northerly along the east side of Lake Tahoe to a connection with the California state highway system near Cal-Neva.]


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

ê1963 Statutes of Nevada, Page 652 (Chapter 338, SB 240)ê

 

northerly along the east side of Lake Tahoe to a connection with the California state highway system near Cal-Neva.] Route 28 begins at a point on Route 3 near Spooners Summit, thence northerly to a point on the Nevada-California state line at Crystal Bay.

      Sec. 48.  NRS 408.530 is hereby amended to read as follows:

      408.530  [Route 29 begins at a convenient point between Carrara and Rosewell on Route 5, thence southwesterly to a connection with the California state highway system near Death Valley Junction, California.] Route 29 begins at a point on the California-Nevada state line near Death Valley Junction, California, thence northerly to a point on Route 5 at Lathrop Wells.

      Sec. 49.  NRS 408.535 is hereby amended to read as follows:

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

      Sec. 50.  NRS 408.540 is hereby amended to read as follows:

      408.540  [Route 31 begins at a point on Route 3 in or near Hawthorne, thence southerly and westerly along the approximate location of the Navy powerline to the Nevada-California state line en route to the Mono Lake area.] Route 31 begins at a point on the California-Nevada state line in the Toiyabe National Forest, thence northerly via Thorne and Nevada Scheelite to a connection with State Route 2 (U.S. 50) near Frenchman Station.

      Sec. 51.  NRS 408.545 is hereby amended to read as follows:

      408.545  [Route 32 begins at the intersection of Eighth Street and Route 1 in the city of Sparks, thence north on Eighth Street to a connection with Route 33 near Wedekind.] Route 32 begins at a point on Route 1 at Sparks, thence northerly via Pyramid Way to a point on Route 33.

      Sec. 52.  NRS 408.550 is hereby amended to read as follows:

      408.550  [Route 32a begins at the intersection of Prater Way and Route 1 in the city of Sparks, thence northeasterly on Prater Way to a connection with Route 32 in the city of Sparks.] Route 32a begins at a point on Route 1 at Sparks, thence northeasterly via Prater Way to a point on Route 32.

      Sec. 53.  NRS 408.555 is hereby amended to read as follows:

      408.555  [Route 33 begins at the junction of Alameda Avenue and Route 1 in the city of Reno, thence in a northeasterly direction by the shortest and most feasible route to Pyramid Lake at or near Sutcliffe.] Route 33 begins at a point on Route 1 at Reno, thence northeasterly along Wells Avenue, thence northeasterly to Pyramid Lake at Sutcliffe.

      Sec. 54.  NRS 408.560 is hereby amended to read as follows:

      408.560  [Route 33a begins at a point on Route 1 at the junction of West Fourth Street and Sierra Street in the city of Reno, thence northerly and southerly on Sierra Street to a connection on the north with Route 9 near the north Reno city limits and to a connection on the south with Route 3 near the south Reno city limits.] Route 33a begins at a point on Route 3 in Reno, thence westerly along Moana Lane and northerly along Plumas Street and Sierra Street to a point on Route 9 near the north city limits of Reno.


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ê1963 Statutes of Nevada, Page 653 (Chapter 338, SB 240)ê

 

Lane and northerly along Plumas Street and Sierra Street to a point on Route 9 near the north city limits of Reno.

      Sec. 55.  NRS 408.565 is hereby amended to read as follows:

      408.565  [Route 33b begins at a point on Route 3 at the junction of South Virginia Street and Second Street in the city of Reno, thence westerly along West Second Street to a connection with Route 1 near the west Reno city limits.] Route 33b begins at a point on Route 1 at Reno, thence easterly along West Second Street to a point on Route 3.

      Sec. 56.  NRS 408.570 is hereby amended to read as follows:

      408.570  [Route 34 begins on Route 1 at Wadsworth, thence in a northerly direction through Nixon and passing between Pyramid and Winnemucca Lakes to Gerlach; thence by the shortest and most feasible route to an intersection with Route 8a near Vya; thence northerly to the Nevada-Oregon state line.] Route 34 begins at a point on Route 1 at Wadsworth, thence northerly via Nixon and Gerlach to a point on Route 8a south of Vya. Route 34 begins again at a point on Route 8a south of Vya, thence northerly to the Nevada-Oregon State line.

      Sec. 57.  NRS 408.575 is hereby amended to read as follows:

      408.575  [Route 34a begins at a point on Route 34 approximately 20 miles northerly from Vya, thence easterly through Sheldon National Antelope Refuge to a connection with Route 8a near the Washoe-Humboldt County line.] Route 34a begins at a point on Route 34 north of Vya, thence easterly through the Sheldon National Antelope Refuge to a point on Route 8a east of the Washoe-Humboldt County line.

      Sec. 58.  NRS 408.580 is hereby amended to read as follows:

      408.580  [Route 35 begins at a junction on Route 2 14 miles north of Magnuson’s ranch, thence in a westerly direction by the shortest and most feasible route to Cherry Creek.] Route 35 begins at a point at Cherry Creek, thence easterly to a point on Route 24 north of Schellbourne.

      Sec. 59.  NRS 408.585 is hereby amended to read as follows:

      408.585  [Route 36 begins at a point on Route 3 approximately 3 miles south of Carson City, thence in a southeasterly direction to the Stewart Indian Institute.] Route 36 begins at a point on Route 3 south of Carson City, thence southeasterly to Stewart.

      Sec. 60.  NRS 408.590 is hereby amended to read as follows:

      408.590  [Route 38 begins at a point on Route 4 approximately 23 miles southeast of Ely, thence in a southerly direction through Preston and Lund, via Sunnyside and Hiko, to a connection with Route 25 near Crystal Springs.] Route 38 begins at a point on Route 25 at Crystal Springs, thence northerly via Hiko, Lund and Preston to a point on Route 4 southwest of Ely.

      Sec. 61.  NRS 408.595 is hereby amended to read as follows:

      408.595  [Route 39 begins at a point on Route 5 approximately 15 miles northwest of Las Vegas, thence in a westerly direction by the shortest and most feasible route to Mount Charleston Park.] Route 39 begins at Charleston Park in the Nevada National Forest, thence easterly to a point on Route 5 northwest of Las Vegas.


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ê1963 Statutes of Nevada, Page 654 (Chapter 338, SB 240)ê

 

      Sec. 62.  NRS 408.600 is hereby amended to read as follows:

      408.600  [Route 40 begins on Route 6 at or near Crystal, thence in an easterly direction through the Valley of Fire to a connection with Route 12 near Lake Mead.] Route 40 begins at a point on Route 6, thence easterly through the Valley of Fire State Park to a point on Route 12 south of Overton.

      Sec. 63.  NRS 408.605 is hereby amended to read as follows:

      408.605  [Route 41 begins on interstate Route 15 at or near Sloan, thence in an easterly direction via Henderson and southerly along Lake Shore Road to a connection with Route 26 between Boulder City and Hoover Dam.] Route 41 begins at a point on Interstate 15 north of Sloan, thence northeasterly via Henderson and southeasterly along the west shore of Lake Mead to a point on Route 26 east of Boulder City.

      Sec. 64.  NRS 408.610 is hereby amended to read as follows:

      408.610  [Route 41a begins at the West End Chemical Mine, thence southwesterly to a junction with Route 41.] Route 41a begins at a point on Route 41 near Las Vegas Wash, thence northeasterly to the West End Chemical Mine.

      Sec. 65.  NRS 408.615 is hereby amended to read as follows:

      408.615  [Route 42 begins at a point on Route 2 approximately one-half mile east of Fallon, thence easterly and northeasterly by the shortest and most feasible route to Stillwater.] Route 42 begins at a point on Route 2 east of Fallon, thence northeasterly to Stillwater.

      Sec. 66.  NRS 408.620 is hereby amended to read as follows:

      408.620  [Route 43 begins at a point on Route 11a near Mountain City, thence in a southerly direction via Owyhee Canyon and Johnson ranch by the shortest and most feasible route to a connection with Route 11 at or near Weiland, Nevada.] Route 43 begins at a point on Route 11 north of Dinner Station, thence northerly through the Owyhee River Canyon to a point on Route 11a south of Mountain City.

      Sec. 67.  NRS 408.625 is hereby amended to read as follows:

      408.625  [Route 44 begins at a point on Route 2 at Keystone, thence in a westerly direction to Ruth, with a spur connection to Kimberly.] Route 44 begins at a point southeast of New Ruth, thence northerly to a point on Route 2 at Keystone. Route 44 begins again at Kimberly, thence easterly to a junction with itself northeast of New Ruth.

      Sec. 68.  NRS 408.630 is hereby amended to read as follows:

      408.630  [Route 45 begins at a point on Route 17 approximately 2 miles north of Virginia City, thence in a northerly direction to a connection with Route 1 approximately 6 miles east of Sparks.] Route 45 begins at a point on Route 17 north of Virginia City, thence northerly to a point on Route 1 east of Sparks.

      Sec. 69.  NRS 408.635 is hereby amended to read as follows:

      408.635  [Route 46 begins at a point on Route 1 in the city of Elko, thence in a southerly direction through or near Jiggs, Huntington Valley, Railroad Canyon and Diamond Valley to a connection with Route 2 at or near Eureka.] Route 46 begins at a point on Route 2 at Eureka, thence northerly via Diamond Valley, Railroad Pass, Huntington Valley and Jiggs to a point on Route 1 at Elko.


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ê1963 Statutes of Nevada, Page 655 (Chapter 338, SB 240)ê

 

Eureka, thence northerly via Diamond Valley, Railroad Pass, Huntington Valley and Jiggs to a point on Route 1 at Elko.

      Sec. 70.  NRS 408.640 is hereby amended to read as follows:

      408.640  [Route 47 begins at a point on Route 3 near Blair Junction, thence southerly to Silver Peak; thence southwesterly to Nivloc.] Route 47 begins at Nivloc, thence northeasterly by Silver Peak and northerly to a point on Route 3 east of Coaldale.

      Sec. 71.  NRS 408.645 is hereby amended to read as follows:

      408.645  [Route 48 begins at a point on Route 1 at or near Lovelock, thence in a northwesterly direction along a route near Seven Troughs to a connection with Route 34 at or near Gerlach.] Route 48 begins at a point on Route 34 south of Gerlach, thence southeasterly by Vernon to a point on Route 1 at Lovelock.

      Sec. 72.  NRS 408.650 is hereby amended to read as follows:

      408.650  [Route 49 begins at or near Winnemucca on Route 1, thence in a westerly direction through or near Jungo and Sulphur by the shortest and most feasible route to a connection with Route 48 near Gerlach.] Route 49 begins at a point on Route 48 southeast of Gerlach, thence easterly by Sulphur and Jungo to a point on Route 8 at Winnemucca.

      Sec. 73.  NRS 408.655 is hereby amended to read as follows:

      408.655  [Route 50 begins at a point on Route 1 between Imlay and Mill City, thence in a southerly direction through or near Unionville; thence southerly through Spring Valley and Spring Valley Canyon; thence through Limerick Canyon to an intersection with the Rochester Road; thence westerly to a connection with Route 1 near Oreana.] Route 50 begins at a point on Route 1 at Oreana, thence easterly through Limerick Canyon and northerly by Unionville to a point on Route 1 at Mill City.

      Sec. 74.  NRS 408.660 is hereby amended to read as follows:

      408.660  [Route 51 begins at a point on Route 17 near Silver City, thence in an easterly direction to a connection with Route 2a in Dayton.] Route 51 begins at a point on Route 17 south of Silver City, thence easterly to a point on Route 2a at Dayton.

      Sec. 75.  NRS 408.665 is hereby amended to read as follows:

      408.665  [Route 52 begins at a point near Owens on Route 5, thence via Lee’s Canyon, Clark Canyon and Pahrump ranch to a connection with the California state highway system.] Route 52 begins at a point on the California-Nevada state line, thence easterly via Pahrump Valley to a point on Route 16. Route 52 begins again at a point on Route 16 in Pahrump Valley thence easterly to a point west of the Nevada National Forest. Route 52 begins again at a point near the Forest Service Camp in Lee Canyon, thence easterly to a point on Route 5 southeast of Indian Springs.

      Sec. 76.  NRS 408.670 is hereby amended to read as follows:

      408.670  [Route 53 begins on Route 6 near Jean, thence in a westerly direction through Goodsprings and Sandy to a connection with the California state highway system.] Route 53 begins at a point on the California-Nevada state line west of Sandy, thence northeasterly via Sandy and southeasterly via Goodsprings to a point on Route 6 at Jean.


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ê1963 Statutes of Nevada, Page 656 (Chapter 338, SB 240)ê

 

via Sandy and southeasterly via Goodsprings to a point on Route 6 at Jean.

      Sec. 77.  NRS 408.675 is hereby amended to read as follows:

      408.675  [Route 54 begins on Route 7 1 mile north of Panaca, thence in a northwesterly direction to Cathedral Gorge.] Route 54 begins at a point on Route 7 northwest of Panaca, thence northerly to Cathedral Gorge.

      Sec. 78.  NRS 408.680 is hereby amended to read as follows:

      408.680  [Route 55 begins on Route 7 approximately 1 mile west of Caliente, thence south and east to Kershaw Canyon-Ryan state park.] Route 55 begins at Kershaw Canyon-Ryan State Park, thence westerly and northerly to a point on Route 7 at Caliente.

      Sec. 79.  NRS 408.685 is hereby amended to read as follows:

      408.685  [Route 56 begins in Gardnerville on Route 3, thence southwesterly to a connection with Route 37 at Centerville.] Route 56 begins at a point on Route 88 at Centerville, thence northeasterly to a point on Route 3 at Gardnerville.

      Sec. 80.  NRS 408.690 is hereby amended to read as follows:

      408.690  [Route 57 begins at Genoa, thence easterly to a connection with Route 3 approximately 5 miles north of Minden.] Route 57 begins at Genoa, thence easterly to a point on Route 3 north of Minden.

      Sec. 81.  NRS 408.695 is hereby amended to read as follows:

      408.695  [Route 58 begins at a point on Route 5 in Beatty, thence southwesterly via Daylight Pass to a connection with the California state highway system near Death Valley National Monument.] Route 58 begins at a point on the California-Nevada state line near Death Valley National Monument, thence northeasterly to a point on Route 5 at Beatty.

      Sec. 82.  NRS 408.700 is hereby amended to read as follows:

      408.700  [Route 59 begins at a point on Route 1 in the city of Lovelock, thence southerly a distance of approximately 7 miles.] Route 59 begins at a point in Lower Valley approximately 7 miles south of Lovelock, thence northerly to a point on Route 1 at Lovelock.

      Sec. 83.  NRS 408.705 is hereby amended to read as follows:

      408.705  [Route 60 begins at a point on Route 5 approximately 10 miles south of Railroad Pass in Clark County, thence southeasterly to Nelson; thence easterly by way of Eldorado Canyon to the Colorado River. Route 60 begins again at Nelson, thence southwesterly to a connection with Route 5, again, approximately 6 miles north of Searchlight.] Route 60 begins at a point on Route 5 approximately 10 miles south of Railroad Pass, thence southeasterly by Nelson and easterly via Eldorado Canyon to the Colorado River. Route 60 begins again at a point on Route 5 north of Searchlight, thence northeasterly to a junction with itself at Nelson.

      Sec. 84.  NRS 408.710 is hereby amended to read as follows:

      408.710  [Route 61 begins at a point on Route 1a approximately 1 mile south of Fallon, thence westerly along Scheckler Lane 1 mile; thence southerly 1 mile; thence westerly 2.5 miles. Route 61 begins again at a point 2 miles east of the west extremity of the last-described course, thence southerly approximately one-half mile.]


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ê1963 Statutes of Nevada, Page 657 (Chapter 338, SB 240)ê

 

course, thence southerly approximately one-half mile.] Route 61 begins at the intersection of St. Clair Lane and Conrad Place, thence easterly via St. Clair Lane and northerly to Scheckler Road, thence easterly to a point on Route 1a south of Fallon. Route 61 begins again at a point on Bass Road, thence northerly along Bass Road for approximately one-half mile to a point on Route 61 (St. Clair Lane).

      Sec. 85.  NRS 408.715 is hereby amended to read as follows:

      408.715  [Route 62 begins at a point on Route 2 approximately 1 mile south of Fallon, thence easterly 1 mile; thence southeasterly approximately 2 miles.] Route 62 begins at a point on Harrigan Lane southeast of Fallon, thence southeasterly along Wildes Road for approximately 3 miles.

      Sec. 86.  NRS 408.720 is hereby amended to read as follows:

      408.720  [Route 63 begins at a point on Route 3 approximately 2 miles south of Reno, thence easterly approximately 1.5 miles to the Reno Municipal Airport.] Route 63 begins at a point on Route 3 at Reno, thence easterly via Airport Road (Gentry Way) approximately 1.5 miles.

      Sec. 87.  NRS 408.725 is hereby amended to read as follows:

      408.725  [Route 64 begins at a point on Route 3 approximately 3 miles south of Reno, thence southeasterly a distance of approximately 2 miles along what is known as Peckham Lane.] Route 64 begins at a point on Route 3 at Reno, thence southeasterly along Peckham Lane for approximately 2 miles.

      Sec. 88.  NRS 408.730 is hereby amended to read as follows:

      408.730  [Route 65 begins at a point on Route 3 in Carson City, thence easterly by way of the Nevada state prison a distance of approximately 3 miles. Route 65 begins again at a point approximately one-half mile east of the Nevada state prison, thence southerly and easterly through Eagle Valley to the Carson River.] Route 65 begins at a point on Route 3 at Carson City, thence easterly by the Nevada state prison for approximately 3 miles. Route 65 begins again at the Carson River, thence westerly and northerly to a junction with itself approximately one-half mile east of the Nevada state prison.

      Sec. 89.  NRS 408.735 is hereby amended to read as follows:

      408.735  [Route 66 begins at a point on Route 1 in the city of Lovelock, thence northerly a distance of approximately 2.5 miles.] Route 66 begins at a point on Route 48 at Lovelock, thence northerly for approximately 2.5 miles.

      Sec. 90.  NRS 408.740 is hereby amended to read as follows:

      408.740  [Route 67 begins at the intersection of Route 1 and Alameda Avenue in the city of Reno, thence southerly along Alameda Avenue and Wells Avenue in the city of Reno to a connection with Route 3 at or near the south Reno city limits.] Route 67 begins at a point on Route 3 at Reno, thence northerly along Wells Avenue to a point on Route 1.

      Sec. 91.  NRS 408.745 is hereby amended to read as follows:

      408.745  [Route 68 begins at a point on Route 5 at Searchlight, thence westerly by the shortest and most feasible route to a connection with the California state highway system near Nipton.]


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ê1963 Statutes of Nevada, Page 658 (Chapter 338, SB 240)ê

 

with the California state highway system near Nipton.] Route 68 begins at a point on the California-Nevada state line east of Nipton, California, thence easterly to a point on Route 5 at Searchlight.

      Sec. 92.  NRS 408.750 is hereby amended to read as follows:

      408.750  [Route 69 begins at a point on Route 8a approximately 37 miles north of its junction with Route 4, thence easterly to Manhattan.] Route 69 begins at a point on Route 8a north of Tonopah, thence easterly to Manhattan.

      Sec. 93.  NRS 408.755 is hereby amended to read as follows:

      408.755  [Route 70 begins at a point on Route 8a approximately 49 miles north of its junction with Route 4, thence easterly and southeasterly to Round Mountain.] Route 70 begins at a point on Route 8a north of Tonopah, thence easterly to Round Mountain.

      Sec. 94.  NRS 408.760 is hereby amended to read as follows:

      408.760  [Route 71 begins at a point on Route 3 approximately 7.5 miles southwest of its junction with Route 5, thence southwesterly to Gold Point; thence southerly and southwesterly via Oriental Wash to the Nevada-California state line en route to Sand Springs, California.] Route 71 begins at a point on the California-Nevada state line southwest of Gold Point, thence northeasterly via Oriental Wash and by Gold Point to a point on Route 3 east of Lida.

      Sec. 95.  NRS 408.765 is hereby amended to read as follows:

      408.765  [Route 72 begins at a point on Route 5 approximately 19 miles southeast of its junction with Route 3, thence southwesterly via Grapevine Canyon to the Nevada-California state line en route to “Scotty’s” Castle.] Route 72 begins at a point on the California-Nevada state line northeast of Death Valley Scotty’s, thence northeasterly via Grapevine Canyon to a point on Route 5 north of Beatty.

      Sec. 96.  NRS 408.770 is hereby amended to read as follows:

      408.770  [Route 73 begins at a point on Route 14 north of Baker, thence southeasterly through Baker to the Nevada-Utah state line en route to Milford, Utah.] Route 73 begins at a point on the Utah-Nevada state line, thence northwesterly via Baker to a point on Route 14.

      Sec. 97.  NRS 408.775 is hereby amended to read as follows:

      408.775  [Route 74 begins at a point on Route 73 near Baker, thence westerly to Lehman Caves in Lehman Caves National Monument.] Route 74 begins at Lehman Caves in Lehman Caves National Monument, thence easterly to a point on Route 73 at Baker.

      Sec. 98.  NRS 408.780 is hereby amended to read as follows:

      408.780  [Route 75 begins at a point on Route 25 approximately 9 miles east of Panaca, thence southerly to Crestline; thence easterly to the Nevada-Utah state line en route to Enterprise, Utah.] Route 75 begins at a point on Route 25 east of Panaca, thence southerly by Crestline and easterly to the Nevada-Utah state line.

      Sec. 99.  NRS 408.785 is hereby amended to read as follows:

      408.785  [Route 76 begins at a point on Route 5 near the Nevada-California state line, thence southeasterly to Fort Mohave.] Route 76 begins at the Colorado River in the Fort Mohave Indian Reservation, thence northwesterly to a point on Route 77.


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ê1963 Statutes of Nevada, Page 659 (Chapter 338, SB 240)ê

 

      Sec. 100.  NRS 408.790 is hereby amended to read as follows:

      408.790  [Route 77 begins at a point on Route 5 near the Nevada-California state line, thence in an easterly direction to Bullshead Dam site.] Route 77 begins at a point on Route 5 north of the California-Nevada state line, thence easterly to the Nevada-Arizona state line on Davis Dam.

      Sec. 101.  NRS 408.795 is hereby amended to read as follows:

      408.795  [Route 78 begins at a point on Route 6 at or near New Comstock, thence northeasterly to a connection with Route 7 at or near Moapa.] Route 78 begins at a point on Route 6 southwest of Glendale, thence northeasterly to a point on Route 7 at Moapa.

      Sec. 102.  NRS 408.800 is hereby amended to read as follows:

      408.800  [Route 79 begins at a point on Route 17 in Virginia City, thence easterly via Six-mile Canyon to a connection with Route 2a approximately 5 miles northeast of Dayton.] Route 79 begins at a point on Route 17 at Virginia City, thence easterly via Six-mile Canyon to a point on Route 2a northeast of Dayton.

      Sec. 103.  NRS 408.805 is hereby amended to read as follows:

      408.805  [Route 80 begins at a point on Route 17 in Virginia City, thence southerly through Gold Hill and Silver City to a connection with Route 17, again, approximately one-half mile southeast of Silver City.] Route 80 begins at a point on Route 17 southeast of Silver City, thence northerly via Silver City and Gold Hill to a point on Route 17 at Virginia City.

      Sec. 104.  NRS 408.810 is hereby amended to read as follows:

      408.810  [Route 81 begins on Route 34 at Gerlach, thence northwesterly through Squaw Valley and Duck Flat to the Nevada-California boundary at the southerly end of Surprise Valley, approximately 56 miles.] Route 81 begins at a point on Route 34 at Gerlach, thence northwesterly via Squaw Valley and Duck Flat to the Nevada-California state line near the south end of Surprise Valley.

      Sec. 105.  NRS 408.815 is hereby amended to read as follows:

      408.815  [Route 82 begins at a point on Route 8a at a point approximately 12 miles north of its junction with Route 4, thence northeasterly via Belmont to Potts ranch; thence via Antelope Valley to a connection with Route 2 approximately 20 miles west of Eureka.] Route 82 begins at a point on Route 8a north of Tonopah, thence northeasterly via Belmont and Antelope Valley to a point on Route 2 west of Eureka.

      Sec. 106.  NRS 408.820 is hereby amended to read as follows:

      408.820  [Route 83 is from the Comet Coalition Mine southerly, easterly and northerly to the Caselton Mill.] Route 83 begins at the Comet Coalition mining district, thence southerly, easterly and northerly to the Caselton Mill.

      Sec. 107.  NRS 408.825 is hereby amended to read as follows:

      408.825  [Route 84 is from Ely Valley mine easterly to the Pioche Consolidated Mines Co. Mill.] Route 84 begins at the Ely Valley Mine, thence easterly to a point on Route 7 approximately 2 miles north of Pioche. Route 84 begins again at a point on Route 7 approximately one-half mile north of Pioche thence easterly to the Pioche Consolidated Mines Company Mill.


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ê1963 Statutes of Nevada, Page 660 (Chapter 338, SB 240)ê

 

      Sec. 108.  NRS 408.830 is hereby amended to read as follows:

      408.830  [Route 85 is from a connection with Route 16 near the Nevada-California state line, easterly via the southerly end of the Spring Mountains to a connection with Route 5c in the city of Las Vegas.] Route 85 begins at a point on Route 16 near the California-Nevada state line, thence easterly via the southerly end of the Spring Mountains to a point on Route 5c in Las Vegas.

      Sec. 109.  NRS 408.835 is hereby amended to read as follows:

      408.835  [Route 88 begins on Route 3 approximately one-half mile northwest of Minden, thence in a southerly direction by the shortest and most feasible route to a connection with the California state highway system near Woodfords, California.] Route 88 begins at the California-Nevada state line north of Woodfords, California, thence northerly to a point on Route 3 northwest of Minden.

      Sec. 110.  NRS 408.840 is hereby amended to read as follows:

      408.840  [Route 89 begins on U.S. 95 approximately 3 miles north of Tonopah, extending northerly in Nye County to Gabbs.] Route 89 begins at a point on Route 3 northwest of Tonopah, thence northwesterly to a point on Route 23 south of Gabbs.

      Sec. 111.  NRS 408.841 is hereby amended to read as follows:

      408.841  [Route 90 begins at Rhyolite, thence easterly to a junction with Route 58 at a point approximately 2.5 miles west of Beatty.] Route 90 begins at Rhyolite, thence easterly to a point on Route 58 west of Beatty.

      Sec. 112.  NRS 408.842 is hereby amended to read as follows:

      408.842  [Route 9 begins at a point near Gabbs, thence easterly to the Stokes iron mine, continuing easterly to Ione, a distance of approximately 20 miles.] Route 91 begins at a point on Route 23 north of Gabbs, thence easterly and northerly to the southern terminus of Route 21 at Ione.

      Sec. 113.  This act shall become effective upon passage and approval.

 

________

 

 


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ê1963 Statutes of Nevada, Page 661ê

 

CHAPTER 339, SB 102

Senate Bill No. 102–Committee on Judiciary

CHAPTER 339

AN ACT to amend chapter 232 of NRS, relating to the state department of conservation and natural resources, by adding new sections creating the state department of commerce, incorporating the functions of the superintendent of banks, the department of insurance of the State of Nevada, the Nevada real estate commission, and the department of savings associations; to amend chapters 645, 657, 673 and 679 of NRS and NRS sections 278.630, 645.010, 645.050, 645.110 to 645.140, inclusive, 645.170 to 645.230, inclusive, 645.310, 645.322, 645.343, 645.350, 645.370, 645.390, 645.410 to 645.470, inclusive, 645.490, 645.500, 645.520, 645.540, 645.570, 645.580, 645.600 to 645.620, inclusive, 645.680, 645.690, 645.760, 645.770, 645.830, 645.850, 658.010, 658.030, 658.080 to 658.100, inclusive, 658.120, 659.030, 661.020, 662.270, 662.280, 664.030, 665.040, 667.100, 673.003, 673.035, 673.0351, 673.0354, 673.0355, 673.039, 673.040, 673.060, 680.010, 680.060 to 680.080, inclusive, 680.100 to 680.140, inclusive, 680.200 and 680.220, relating to various functions of the superintendent of banks, the department of insurance of the State of Nevada, the Nevada real estate commission, and the department of savings associations, by making technical changes necessitated by the creation of the department of commerce; to repeal NRS sections 658.040, 679.080, 680.020 and 680.030, relating to the superintendent of banks, the department of insurance, and the insurance commissioners; and providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 8, inclusive, of this act, unless the context requires otherwise:

      1.  “Department” means the department of commerce.

      2.  “Director” means the director of the department of commerce.

      Sec. 3.  1.  The department of commerce is hereby created.

      2.  The department shall consist of a director and the following divisions:

      (a) Banking division.

      (b) Insurance division.

      (c) Real estate division.

      (d) Savings and loan division.

      Sec. 4.  The director shall:

      1.  Be appointed by, be responsible to and, serve at the pleasure of the governor.

      2.  Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.

      3.  Receive an annual salary of not more than $13,200 to be fixed by the governor from time to time within the limits of legislative appropriations.

      4.  Receive the travel expenses and subsistence allowances fixed by law for state officers and employees.

      5.  Not engage in any other gainful employment or occupation.


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ê1963 Statutes of Nevada, Page 662 (Chapter 339, SB 102)ê

 

      6.  Have had at least 5 years of responsible administrative experience in public or business administration or shall possess broad management skills in areas related to the functions of agencies composing the department.

      7.  Be selected with special reference to his training, experience and aptitude for coordinating agencies dealing with commercial activities such as insurance, banking, real estate and marketing of securities. His knowledge and abilities should include the following:

      (a) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to subject matters under his administrative direction.

      (b) Administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields.

      (c) Ability to organize and present oral and written communication to the governor, the legislature and other pertinent officials or persons.

      Sec. 5.  The director shall:

      1.  Appoint, with the consent of the governor, a chief of each of the divisions of the department. In making such appointments, the director shall obtain lists of nominees from recognized professional organizations, if any, in the appropriate professions and shall make such appointments after consultation with and concurrence of such organizations. The chief of the banking division shall be known as the superintendent of banks, the chief of the insurance division shall be known as the commissioner of insurance, the chief of the real estate division shall be known as the real estate administrator, and the chief of the savings and loan division shall be known as the commissioner of savings associations.

      2.  Be responsible for the administration, through the divisions of the department, of the provisions of Titles 55 to 57, inclusive, of NRS, chapter 645 of NRS, and all other provisions of law relating to the functions of the divisions of the department.

      Sec. 6.  The director may employ, within the limits of legislative appropriations and pursuant to the provisions of chapter 284 of NRS, such staff as is necessary to the performance of his duties.

      Sec. 7.  The chief of each of the divisions of the department shall:

      1.  Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.

      2.  Receive an annual salary to be fixed by the director, with the consent of the governor, within the limits of legislative appropriations.

      3.  Administer the provisions of law relating to his division, subject to the administrative supervision of the director.

      Sec. 8.  The chiefs of the divisions of the department may each appoint a deputy and a chief assistant in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.

      Sec. 9.  NRS 278.630 is hereby amended to read as follows:

      278.630  1.  When there is no subdivision map or record of survey map as required by the provisions of this chapter, then the county assessor shall determine, as lands are placed upon the tax roll and maps of the county assessor’s office, any apparent discrepancies with respect to the provisions of this chapter, and shall report his findings in writing to the governing body of the county or city in which such apparent violation occurs.


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ê1963 Statutes of Nevada, Page 663 (Chapter 339, SB 102)ê

 

maps of the county assessor’s office, any apparent discrepancies with respect to the provisions of this chapter, and shall report his findings in writing to the governing body of the county or city in which such apparent violation occurs.

      2.  Upon receipt of the report the governing body shall cause an investigation to be made by the district attorney’s office, when such lands are within an unincorporated area, or by the city attorney when within a city, the county recorder, any planning commission having jurisdiction over the lands in question, and the [Nevada] real estate [commission.] division of the department of commerce.

      3.  If the report shows evidence of violation of the provisions of this chapter with respect to the subdivision of lands or upon the filing of a verified complaint by any municipality or other political subdivision or person, firm or corporation with respect to violation of the provisions of this chapter, the district attorney of each county in this state shall prosecute all violations of the provisions of this chapter in respective counties in which the violations occur.

      Sec. 10.  Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 to 14, inclusive, of this act.

      Sec. 11.  As used in this chapter, “administrator” means the real estate administrator.

      Sec. 12.  As used in this chapter, “director” means the director of the department of commerce.

      Sec. 13.  As used in this chapter, “real estate division” means the real estate division of the department of commerce.

      Sec. 14.  The provisions of this chapter shall be administered by the real estate division, subject to administrative supervision by the director.

      Sec. 15.  NRS 645.010 is hereby amended to read as follows:

      645.010  As used in this chapter, “commission” means the Nevada real estate advisory commission.

      Sec. 16.  NRS 645.050 is hereby amended to read as follows:

      645.050  A commission to be known as the Nevada real estate advisory commission is hereby created. The commission shall consist of five members appointed by the governor. The governor shall obtain and consider a list of nominees from the Nevada Association of Realtors. The commission shall act in an advisory capacity to the real estate division, promulgate rules and regulations, approve or disapprove all applications for licenses, and conduct hearings as provided in this chapter.

      Secs. 17 to 21, inclusive.  (There are no sections of these numbers.)

      Sec. 22.  NRS 645.110 is hereby amended to read as follows:

      645.110  [1.]  The commission shall meet at Carson City, Nevada, annually on the 2nd Monday in July and elect a president, a vice president and a [secretary-treasurer] secretary to serve for the ensuing year.

      [2.  The secretary-treasurer shall:

      (a) Give a bond to the State of Nevada for the faithful performance of his duties in the sum of $2,000, the bond to be written by a surety company qualified to do business in this state.


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ê1963 Statutes of Nevada, Page 664 (Chapter 339, SB 102)ê

 

      (b) Render to the governor an annual report in detail on December 31 each year.]

      Sec. 23.  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, 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] administrator shall:

      [(a)] 1.  Possess a board knowledge of generally accepted real estate practice and be reasonably well informed on laws governing real estate agency contracts.

      [(b)] 2.  Furnish a corporate surety bond, which may be continuous in form, in an amount deemed adequate by the [commission,] director, conditioned upon the faithful performance of the duties of the office and true accounting of all funds.

      [(c)] 3.  Not be interested in any real estate or brokerage firm, nor shall he act as a broker or salesman or agent therefor.

      Sec. 24.  NRS 645.130 is hereby amended to read as follows:

      645.130  1.  The [commission] real estate division may employ, without regard to the provisions of chapter 284 of NRS, legal counsel, investigators [,] and other professional consultants, and, pursuant to the provisions of chapter 284 of NRS, may employ such other employees as are necessary to the discharge of its duties. [, and may fix the compensation therefor.]

      2.  No employee of the [commission] real estate division shall be interested in any real estate or brokerage firm, nor shall any employee act as a broker or salesman or agent therefor.

      Sec. 25.  NRS 645.140 is hereby amended to read as follows:

      645.140  1.  All fees and charges received by the [commission] real estate division shall be deposited in [banks or savings and loan associations in the State of Nevada.] the real estate division fund in the state treasury which is hereby created. No moneys in the real estate division fund shall be transferred to the general fund in the state treasury at any time.

      2.  The [commission] real estate division is empowered to expend the fees and charges for the requirements, purposes and expenses of the [commission.] real estate division, to the extent authorized by the legislature. Each member of the commission shall receive:

      (a) A salary of not more than $25 per day, as fixed by the commission, while engaged in the business of the commission.

      (b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the commission.

      3.  Total expenditures for any purpose shall not exceed total collections by the [commission.] real estate division.

      Secs. 26 and 27.  (There are no sections of these numbers.)

      Sec. 28.  NRS 645.170 is hereby amended to read as follows:

      645.170  1.  The principal office of the [commission] real estate division shall be at Carson City, Nevada.


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ê1963 Statutes of Nevada, Page 665 (Chapter 339, SB 102)ê

 

      2.  The [commission, in its sole discretion,] real estate division may designate other convenient places within the state for the establishment of branch offices. [of the commission, each of which shall, however, be in charge of an officer of the commission.]

      Sec. 29.  NRS 645.180 is hereby amended to read as follows:

      645.180  1.  The [commission] real estate division shall adopt a seal with such design as the [commission] real estate division may prescribe engraved thereon, by which it shall authenticate its proceedings.

      2.  All records kept in the office of the [commission] real estate division under authority of this chapter shall be open to public inspection under such rules and regulations as shall be prescribed by the [commission.] real estate division.

      3.  Copies of all records and papers in the office of the [commission,] real estate division, duly certified and authenticated by the seal of the [commission,] real estate division, shall be received in evidence in all courts equally and with like effect as the originals.

      Sec. 30.  NRS 645.190 is hereby amended to read as follows:

      645.190  1.  The [commission] real estate division may [:

      1.  Do] do all things necessary and convenient for carrying into effect the provisions of this chapter.

      2.  [From] The commission may, 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.

      Sec. 31.  NRS 645.200 is hereby amended to read as follows:

      645.200  1.  The attorney general shall render to the [commission] real estate division opinions upon all questions of law relating to the construction or interpretation of this chapter, or arising in the administration thereof, that may be submitted to him by the [commission.] real estate division.

      2.  The attorney general shall act as the attorney for the [commission] real estate division in all actions and proceedings brought against the [commission] real estate division under or pursuant to any of the provisions of this chapter.

      Sec. 32.  NRS 645.210 is hereby amended to read as follows:

      645.210  1.  Whenever the [commission] real estate division believes from evidence satisfactory to it that any person has violated or is about to violate any of the provisions of this chapter, or any order, license, permit, decision, demand or requirement, or any part or provision thereof, it may bring an action, in the name of the [commission,] real estate division, in the district court of the State of Nevada in and for the county wherein such person resides, against such person to enjoin such person from continuing such violation or engaging therein or doing any act or acts in furtherance thereof.

      2.  In this action an order or judgment may be entered awarding such preliminary or final injunction as may be proper, but no preliminary injunction or temporary restraining order shall be granted without at least 5 days’ notice to the opposite party.


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ê1963 Statutes of Nevada, Page 666 (Chapter 339, SB 102)ê

 

such preliminary or final injunction as may be proper, but no preliminary injunction or temporary restraining order shall be granted without at least 5 days’ notice to the opposite party.

      Sec. 33.  NRS 645.215 is hereby amended to read as follows:

      645.215  1.  If the [commission] real estate division has reason to believe that fraud, deceit or false advertising is being, has been or is to be perpetrated in connection with the proposed or completed sale, purchase, rental, lease or exchange of any vacant or unimproved land or subdivision outside the corporate limits of any city, it may investigate the circumstances of such sale, purchase, rental, lease or exchange.

      2.  If such investigation reveals any evidence of fraud, deceit or false advertising which has influenced or induced or may influence or induce the sale, purchase, rental, lease or exchange, the [commission] real estate division shall advise the district attorney of the county in which the land or subdivision is located. The district attorney shall cause appropriate legal action to be taken to enjoin any further sale, purchase, rental, lease or exchange until the fraud, deceit or false advertising is eliminated and restitution has been made for any loss.

      3.  Nothing in this section shall prevent prosecution of any person in a criminal action under the provisions of any other law.

      Sec. 34.  NRS 645.220 is hereby amended to read as follows:

      645.220  The [commission] real estate division shall at least annually, on or about February 15, publish a list of the names and addresses of all licensees licensed by it under the provisions of this chapter, and of licensees whose licenses have been suspended or revoked within 1 year, together with such other information relative to the enforcement of the provisions of this chapter as it may deem of interest to the public. One of such lists shall be mailed to each licensee and one of such lists shall be mailed to the county clerk in each county and shall be filed by him as a public record. Lists shall also be mailed by the [commission] real estate division to any person in this state upon request, without charge.

      Sec. 35.  NRS 645.230 is hereby amended to read as follows:

      645.230  1.  After June 1, 1947, it shall be unlawful for any person, copartnership, association or corporation to engage in the business of, act in the capacity of, advertise or assume to act as, a real estate broker or real estate salesman within the State of Nevada without first obtaining a license as a real estate broker or real estate salesman from the [commission] real estate division as provided for in this chapter.

      2.  The [commission] real estate division may prefer a complaint for violation of this section before any court of competent jurisdiction; and the [commission, collectively and individually, and its counsel,] real estate division may assist in presenting the law or facts upon any trial for a violation of this section.

      3.  The district attorney of each county shall prosecute all violations of this section in their respective counties in which violations occur.


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ê1963 Statutes of Nevada, Page 667 (Chapter 339, SB 102)ê

 

      Sec. 36.  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 moneys 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.

      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 by the [commission] real estate division 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. 37.  NRS 645.322 is hereby amended to read as follows:

      645.322  Any person or entity who charges or collects an advance fee shall, within 3 months after such charge or collection, furnish to his principal an accounting of the use of such money. The [commission] real estate division may also demand an accounting by such person or entity of advance fees so collected.

      Sec. 38.  (There is no section of this number.)

      Sec. 39.  NRS 645.343 is hereby amended to read as follows:

      645.343  1.  On and after July 1, 1960, in addition to the other requirements contained in this chapter, an applicant for an original real estate broker’s license shall furnish proof satisfactory to the [commission] real estate division that he has successfully completed, within 1 year prior to the date of his application for a broker’s license, a course of instruction in real estate principles, practices, procedures and ethics, which course may be an extension or correspondence course offered by the University of Nevada, or any other accredited college or university, or by any other college or school approved as provided in NRS 645.345.


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ê1963 Statutes of Nevada, Page 668 (Chapter 339, SB 102)ê

 

real estate broker’s license shall furnish proof satisfactory to the [commission] real estate division that he has successfully completed, within 1 year prior to the date of his application for a broker’s license, a course of instruction in real estate principles, practices, procedures and ethics, which course may be an extension or correspondence course offered by the University of Nevada, or any other accredited college or university, or by any other college or school approved as provided in NRS 645.345.

      2.  An applicant for an original real estate broker’s license may substitute, in lieu of the educational requirement, proof satisfactory to the [commission] real estate division that he was continuously licensed as a real estate salesman in this state or as a real estate broker or salesman in another state or district for at least 1 year within the 3 years immediately prior to the date of his application, and continuously during such time was actively engaged in the business of real estate salesman or broker.

      Sec. 40.  (There is no section of this number.)

      Sec. 41.  NRS 645.350 is hereby amended to read as follows:

      645.350  1.  Application for license as a real estate broker shall be made in writing to the [commission] real estate division upon blanks prepared or furnished by the [commission.] real estate division.

      2.  Every application for a real estate broker’s license shall set forth the following information:

      (a) The name, age and address of the applicant. If the applicant be a copartnership or an association, the name, age and address of each member thereof. If the application be for a corporation, the name, age and address of each officer and director thereof.

      (b) The name under which the business is to be conducted. The name shall be deemed to be a fictitious name if the same does not contain the name of the applicant or the names of the members of the applicant’s firm, copartnership or association. No license shall be issued under a fictitious name which includes the name of a real estate salesman. No license shall be issued under the same fictitious name to more than one licensee within the state. All licensees doing business under a fictitious name shall comply with other pertinent statutory regulations regarding the use of fictitious names.

      (c) The place or places, including the street number, the city and county where the business is to be conducted.

      (d) The business or occupation theretofore engaged in by the applicant for a period of at least 2 years immediately preceding the date of the application, and the location thereof. If the applicant be a copartnership or an association, by each member thereof, or if a corporation, by each officer thereof.

      (e) The time and place of the applicant’s previous experience in the real estate business as a broker or salesman. If the applicant be a copartnership or association, by each member thereof, or if a corporation, by each officer thereof.

      (f) Whether the applicant has ever been convicted of or is under indictment for a felony, and if so, the nature of the same.


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ê1963 Statutes of Nevada, Page 669 (Chapter 339, SB 102)ê

 

      (g) Whether the applicant has been refused a real estate broker’s or real estate salesman’s license in any state, or whether his license as a broker or salesman has been revoked or suspended by any other state. If the applicant is a copartnership or an association, by each member thereof; if the applicant is a corporation, by each officer thereof.

      (h) If the applicant is a copartnership, association or corporation, the name of the designated member or officer thereof who is to receive his license by virtue of the issuance of a license to the copartnership, association or corporation, as provided in this chapter.

      (i) If the applicant is a member of a copartnership or association, or an officer of a corporation, the name and office address of the copartnership, association or corporation of which the applicant is a member or officer.

      3.  The application for a broker’s license shall be verified by the applicant. If the application is made by a copartnership or an association, it shall be verified by at least two members thereof; if made by a corporation, it shall be verified by the president and the secretary thereof.

      Sec. 42.  NRS 645.370 is hereby amended to read as follows:

      645.370  1.  Every copartnership and association in its application for a license shall designate and appoint one of its members, and every corporation in its application for a license shall designate and appoint one of its officers, to submit an application for a broker’s license. The application of the copartnership, association or corporation, and the application of the member or officer so designated, shall be filed jointly with the commission.

      2.  No license shall be issued to any copartnership, association or corporation unless and until the person or officer so designated by the copartnership, association or corporation shall submit to and pass the examination required by this chapter on behalf of the copartnership, association or corporation.

      3.  Upon such member’s or officer’s successfully passing the examination, and upon compliance with all other requirements of law by the copartnership, association or corporation, as well as by the designated member or officer, the [commission] real estate division shall issue a broker’s license to the copartnership, association or corporation which shall bear the name of such member or officer, and thereupon the member or officer so designated shall, without payment of any further fee, be entitled to perform all the acts of a real estate broker contemplated by this chapter; provided:

      (a) That the license shall entitle such member or officer so designated to act as a real estate broker only as officer or agent of the copartnership, association or corporation, and not on his own behalf; and

      (b) That if in any case the person so designated shall be refused a license by the [commission,] real estate division, or in case he ceases to be connected with the copartnership, association or corporation, the copartnership, association or corporation shall have the right to designate another person who shall make application and qualify as in the first instance.


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ê1963 Statutes of Nevada, Page 670 (Chapter 339, SB 102)ê

 

right to designate another person who shall make application and qualify as in the first instance.

      Sec. 43.  NRS 645.390 is hereby amended to read as follows:

      645.390  1.  Application for a license as a real estate salesman shall be made in writing to the [commission] real estate division upon blanks prepared or furnished by the [commission,] real estate division, and shall contain:

      (a) Such information as is required in a broker’s application.

      (b) The name and address of the applicant’s last employer.

      (c) The name and place of business of the person, firm, copartnership, association or corporation then employing applicant, or into whose service applicant is about to enter.

      2.  The application shall be verified by the applicant and shall be accompanied by a verified written statement of the broker in whose service the applicant is about to enter:

      (a) Certifying that in his opinion the applicant is honest, truthful and of good reputation.

      (b) Certifying that the employment of the applicant is actual and in good faith.

      (c) Recommending that the license be granted to the applicant.

      Sec. 44.  (There is no section of this number.)

      Sec. 45.  NRS 645.410 is hereby amended to read as follows:

      645.410  Every application for a license as real estate broker or real estate salesman under the provisions of this chapter shall be accompanied by the examination fee and original license fee prescribed by this chapter. In the event the [commission] real estate division does not issue the license as applied for, the license fee only shall be returned to the applicant.

      Sec. 46.  NRS 645.420 is hereby amended to read as follows:

      645.420  1.  All applications for licenses as real estate brokers or real estate salesmen shall be acted upon by the [commission] real estate division within 30 days from the date of the written examination, as provided and scheduled in NRS 645.450, next following the filing of applications therefor. No license shall be issued by the real estate division until the application therefor has been approved by the commission.

      2.  If in the opinion of the [commission] real estate division additional investigation of the applicant appears necessary, the [commission] real estate division may extend the 30-day period and may make such additional investigation as it deems necessary or desirable.

      3.  The burden of proof shall in every respect be upon the applicant to establish to the satisfaction of the [commission] real estate division that he is qualified to receive a license.

      Sec. 47.  NRS 645.430 is hereby amended to read as follows:

      645.430  If an applicant shall have been denied a license except for failure to pass an examination, he shall not be permitted to reapply until the [commission] real estate division shall, in its discretion, upon petition of the applicant, grant leave to file such reapplication.

      Sec. 48.  NRS 645.440 is hereby amended to read as follows:


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ê1963 Statutes of Nevada, Page 671 (Chapter 339, SB 102)ê

 

      645.440  1.  If the [commission,] real estate division, after an application in proper form has been filed with it, accompanied by the proper fee and the applicant’s certification of trustworthiness, competency and integrity, shall deny an application to the applicant, the [commission] real estate division shall give notice of the fact to the applicant within 15 days after its ruling, order or decision.

      2.  Upon written request from the applicant, filed within 30 days after receipt of such notice by the applicant, the commission shall set the matter down for a hearing to be conducted within 30 days after receipt of the applicant’s request.

      3.  The hearing shall be at such time and place as the commission shall prescribe. At least 15 days prior to the date set for the hearing, the [commission] real estate division shall notify the applicant and other persons interested or protesting, and shall accompany such notification with an exact copy of any protest filed, together with copies of any and all communications, reports, affidavits or depositions in possession of the [commission] real estate division touching upon or relating to the matter in question. Such written notice of hearing may be served by delivery personally to the applicant, or by mailing the same by registered mail to the last-known business address of the applicant. If the application is for a real estate salesman’s license, the [commission] real estate division shall also notify the prospective broker-employer by mailing such notice by registered mail to the broker’s last-known business address.

      4.  At the hearing the applicant shall be entitled to examine, either in person or by counsel, any and all persons protesting against him, as well as all other witnesses whose testimony is relied upon to substantiate any protest or denial of the application. He shall be entitled to present such evidence, written and oral, as he may see fit and as may be pertinent to the inquiry.

      5.  The hearing may be held by the commission or a majority thereof, and a hearing shall be held, if the applicant so desires, within the county where the applicant’s principal place of business is situated.

      6.  At the hearing, all witnesses shall be duly sworn by the commission, or any member thereof, and stenographic notes of the proceedings shall be taken 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 upon the payment to the [commission] real estate division of such fee as [it] the commission shall prescribe by general rule or regulation, not exceeding 25 cents per folio.

      7.  The commission shall render a decision on any application within 60 days from the final hearing on such application, and shall immediately notify the parties to the proceedings, in writing, of its ruling, order or decision.

      8.  Where an applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses, or has been convicted of a felony or a crime involving moral turpitude, and has been convicted thereof in a court of competent jurisdiction of this or any other state, district or territory of the United States, or of a foreign country, such untrustworthiness of the applicant, and the conviction, may in itself be sufficient ground for refusal of a license.


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

ê1963 Statutes of Nevada, Page 672 (Chapter 339, SB 102)ê

 

any other state, district or territory of the United States, or of a foreign country, such untrustworthiness of the applicant, and the conviction, may in itself be sufficient ground for refusal of a license.

      9.  Where an applicant has made a false statement of material fact on his application such false statement may in itself be sufficient ground for refusal of a license.

      Sec. 49.  NRS 645.450 is hereby amended to read as follows:

      645.450  Examinations for licenses shall be held by the [commission] real estate division at least four times a year, on the 1st Monday of February, May, August and November of each year.

      Sec. 50.  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] real estate division 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 principle 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.

      Sec. 51.  NRS 645.470 is hereby amended to read as follows:

      645.470  In the case of any applicant for a real estate salesman’s license who complies with the required qualifications of honesty, truthfulness and good reputation, the [commission] real estate division need only ascertain by written examination that the applicant has:

      1.  Appropriate knowledge of the English language, including reading, writing and spelling, and of elementary arithmetic.

      2.  A fair understanding of the obligations between principal and agent.

      Sec. 52.  NRS 645.490 is hereby amended to read as follows:

      645.490  1.  Upon satisfactorily passing the written examination and upon complying with all other provisions of law and conditions of this chapter, a license shall thereupon be granted by the [commission] real estate division to the successful applicant therefor as a real estate broker or real estate salesman, and the applicant upon receiving such license is authorized to conduct the business of a real estate broker or real estate salesman in this state.

      2.  The [commission] real estate division shall issue licenses as real estate broker or real estate salesman to all applicants who shall qualify and who shall comply with all provisions of law and all requirements of this chapter.

      Sec. 53.  NRS 645.500 is hereby amended to read as follows:

      645.500  1.  No license shall issue or be renewed until the applicant has filed a bond with the [commission] real estate division in the sum of $1,000, running to the State of Nevada and executed by a surety company duly authorized to do business in this state.


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

ê1963 Statutes of Nevada, Page 673 (Chapter 339, SB 102)ê

 

has filed a bond with the [commission] real estate division in the sum of $1,000, running to the State of Nevada and executed by a surety company duly authorized to do business in this state.

      2.  The bond shall be in a form approved by the [commission] real estate division and conditioned that the applicant shall conduct his business in accordance with the requirements of this chapter.

      3.  All bonds given by licensees under the provisions of this chapter, after approval, shall be filed and held in the office of the [commission.] real estate division.

      4.  Any person injured by failure of a real estate broker or real estate salesman to comply with the provisions of this chapter shall have the right in his own name to commence an action against the real estate broker or real estate salesman and his surety for the recovery of any damages sustained by the failure or omission of the real estate broker or real estate salesman to comply with the provisions of this chapter, or any of them.

      5.  In all cases where suit is brought for the purpose of collecting damages, the court shall, upon entering judgment for the plaintiff, allow as part of the costs in the suit a reasonable amount as attorney’s fees.

      Sec. 54.  NRS 645.520 is hereby amended to read as follows:

      645.520  1.  The [commission] real estate division shall issue to each licensee a license in such form and size as shall be prescribed by the [commission.] real estate division.

      2.  Each license shall:

      (a) Show the name and address of the licensee, and in case of a real estate salesman’s license shall show the name of the real estate broker by whom he is employed.

      (b) Have imprinted thereon the seal of the [commission.] real estate division.

      (c) Contain such additional matter as shall be prescribed by the commission.

      Sec. 55.  NRS 645.540 is hereby amended to read as follows:

      645.540  1.  The [commission] real estate division shall prepare and deliver to each licensee a pocket card, which card, among other things, shall:

      (a) Contain an imprint of the seal of the [commission.] real estate division.

      (b) Certify that the person whose name appears thereon is a licensed real estate broker or real estate salesman, as the case may be, and if it is a real estate salesman’s card it shall also contain the name and address of his employer.

      2.  The matter to be printed on such pocket card, except as set forth in subsection 1, shall be prescribed by the commission.

      Sec. 56.  (There is no section of this number.)

      Sec. 57.  NRS 645.570 is hereby amended to read as follows:

      645.570  1.  Notice in writing shall be given to the [commission] real estate division within 30 days of any change of name, personnel or business location of any licensee or of a change of employment of any salesman licensee.


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

ê1963 Statutes of Nevada, Page 674 (Chapter 339, SB 102)ê

 

salesman licensee. Upon the surrender of the license certificate and pocket identification card previously issued and the payment of the fee required by law the [commission] real estate division shall issue a new license for the unexpired license term.

      2.  Upon the transfer of employment of any salesman licensee, application accompanied by the fee required by law shall be made to the [commission] real estate division for the issuance of a new license to such salesman for the unexpired term. Such transfer shall only be into the employment of a duly licensed broker-employer who shall certify to the honesty, truthfulness and good reputation of the transferee.

      3.  Failure to give notice as required by this section shall constitute cause for the revocation of any outstanding license.

      Sec. 58.  NRS 645.580 is hereby amended to read as follows:

      645.580  1.  When any real estate salesman shall be discharged or shall terminate his employment with the real estate broker by whom he is employed, such real estate broker shall:

      (a) Immediately deliver or mail by registered mail to the [commission] real estate division the real estate salesman’s license, together with a written statement of the circumstances surrounding any such discharge or termination of employment.

      (b) At the time of delivering or mailing such real estate salesman’s license to the [commission,] real estate division, address a communication to the last-known residence address of such real estate salesman, which communication shall advise the real estate salesman that his license has been delivered or mailed to the [commission.] real estate division. A copy of such communication to the real estate salesman shall accompany the license when delivered or mailed to the [commission.] real estate division.

      2.  It shall be unlawful for any real estate salesman to perform any of the acts contemplated by this chapter, either directly or indirectly, under authority of the license from and after the date of receipt of the license from the broker by the [commission;] real estate division; provided:

      (a) That another license shall not be issued to such real estate salesman until he shall return his former pocket card to the [commission] real estate division or shall satisfactorily account to it for the same; and

      (b) That no more than one license shall be issued to any real estate salesman for the same period of time.

      Sec. 59.  NRS 645.600 is hereby amended to read as follows:

      645.600  1.  Any licensee under the provisions of this chapter who shall be called into the military service of the United States shall, at his request, be relieved from compliance with the provisions of this chapter and placed on inactive status for the period of such military service and for a period of 6 months after discharge therefrom.

      2.  At any time within 6 months after termination of such service, providing the provisions of subsection 1 are complied with, the licensee may be reinstated, without examination, to active status in the appropriate classification which the licensee left upon entry into the military service, without having to meet any qualification or requirement other than the payment of the reinstatement fee, as provided in NRS 645.830, and the licensee shall not be required to make payment of the license fee for the current year.


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

ê1963 Statutes of Nevada, Page 675 (Chapter 339, SB 102)ê

 

appropriate classification which the licensee left upon entry into the military service, without having to meet any qualification or requirement other than the payment of the reinstatement fee, as provided in NRS 645.830, and the licensee shall not be required to make payment of the license fee for the current year.

      3.  Any licensee seeking to qualify for reinstatement, as provided in subsections 1 and 2, shall present a certified copy of his honorable discharge or certificate of satisfactory service to the [secretary-treasurer of the commission.] real estate division.

      Sec. 60.  NRS 645.610 is hereby amended to read as follows:

      645.610  The [commission] administrator may upon [its] his own motion, and shall upon the verified complaint in writing of any person, provided such complaint, or such complaint together with evidence, documentary or otherwise, presented in connection therewith, shall make out a prima facie case, investigate the actions of any real estate broker or real estate salesman, or any person who shall assume to act in either such capacity within this state.

      Sec. 61.  NRS 645.620 is hereby amended to read as follows:

      645.620  The [commission] real estate division shall maintain in its main office a public docket or other record in which it shall record from time to time as made:

      1.  The rulings or decisions upon all complaints filed with it.

      2.  All investigations instituted by it in the first instance, upon or in connection with which any hearing shall have been had, or in which the licensee charged shall have made no defense.

      Secs. 62 to 65, inclusive.  (There are no sections of these numbers.)

      Sec. 66.  NRS 645.680 is hereby amended to read as follows:

      645.680  1.  The procedure set forth in this section and NRS 645.690 shall be adhered to before the revocation of suspension of any license.

      2.  Upon a complaint being initiated by the [commission,] administrator, or upon a verified complaint being filed with the [commission] administrator and found by [it,] him, alone or together with evidence, documentary or otherwise, presented in connection therewith, to constitute a prima facie case, the matter shall be set down for a hearing [,] by the commission, and the licensee shall have an opportunity to be heard thereon in person or by counsel.

      3.  The commission shall fix the time for the hearing within 60 days after the filing of any complaint, but the time of hearing may be continued from time to time upon written consent of the licensee.

      4.  The licensee shall be given at least 20 days’ prior notice in writing by the real estate division of the date, time and place of the hearing, which notice shall contain an exact statement of the charges filed, together with a copy of the complaint and copies of any and all communications, reports, affidavits or depositions in possession of the [commission] real estate division touching or relating to the matter in question.

      5.  The notice may be served by delivery of the same personally to the licensee, or by mailing the same by registered mail to the last-known business address of the licensee.


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

ê1963 Statutes of Nevada, Page 676 (Chapter 339, SB 102)ê

 

last-known business address of the licensee. If the licensee be a salesman, the [commission] real estate division shall also notify the broker employing him, by mailing notice by registered mail to the broker’s last-known business address.

      6.  Within 20 days from service of the notice upon him, the licensee shall file a verified answer to the charges with the commission. The answer shall contain an admission or denial of the averments contained in the charges and any defenses upon which the licensee will rely.

      7.  The answer may be served by the delivery of the same personally to the commission, or by mailing the answer by registered mail to the principal office of the [commission.] real estate division.

      8.  No proceeding for the suspension or revocation of any license shall be maintained unless the same is commenced by the giving of notice to the licensee within 3 years of the time of the act charged, whether of commission or omission; provided:

      (a) That if the charges are based upon a misrepresentation, such period shall not commence to run until the discovery of facts which do or should lead to the discovery of such misrepresentation; and

      (b) That whenever any suit, action or proceeding is instituted to which the [commission] real estate division or the licensee is a party and which involves the conduct of the licensee in the transaction with which the charges are related, the running of the 3-year period with respect to the institution of a proceeding under this chapter to suspend or revoke such license shall be suspended during the pendency of such suit, action or proceeding.

      Sec. 67.  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 stenographic notes of the proceedings shall be taken 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 upon payment to the [commission] real estate division of such fee as it shall prescribe by general rule or regulation, not exceeding 25 cents per folio.

      Secs. 68 to 73, inclusive.  (There are no sections of these numbers.)

      Sec. 74.  NRS 645.760 is hereby amended to read as follows:

      645.760  1.  A ruling or decision of the commission shall be final when in favor of the licensee.


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

ê1963 Statutes of Nevada, Page 677 (Chapter 339, SB 102)ê

 

      2.  If a ruling or decision is against the licensee, the licensee may within 10 days from the date of the decision appeal therefrom to the district court in and for the county in which the party adversely affected by the decision resides or has his place of business under the terms of this chapter, by serving upon the [duly elected president or duly elected secretary-treasurer of the commission] administrator a notice of such appeal, and a demand in writing for a certified transcript of all the papers on file in the office of the [commission] real estate division affecting or relating to the decision, and all the evidence taken on the hearing, and paying not more than 25 cents for each folio of the transcript and $1 for the certification thereof. Thereupon, the [secretary-treasurer or, in his absence or inability to act, the president of the commission] real estate division shall, within 30 days, make and certify such transcript, and the appellant shall, within 5 days after receiving the same, file the same and the notice of appeal with the clerk of the court.

      3.  Upon the hearing of the appeal, the burden of proof shall be upon the appellant, and the court shall receive and consider any pertinent evidence, whether oral or documentary, concerning the action of the commission from which the appeal is taken, but shall be limited solely to a consideration and determination of the question whether there has been an abuse of discretion on the part of the commission in making such decision.

      Sec. 75.  NRS 645.770 is hereby amended to read as follows:

      645.770  After the revocation of any license by the commission as provided in this chapter, no new license shall be issued to the same licensee within the period of 1 year from and after the date of such revocation, nor at any time thereafter except in the sole discretion of the [commission,] real estate division, and then only provided that the licensee satisfies all the requirements for an original license.

      Sec. 76.  NRS 645.830 is hereby amended to read as follows:

      645.830  The following fees shall be charged by and paid to the [commission:] real estate division:

 

For each section of a real estate broker’s examination......................................... $3

For each original real estate broker’s license......................................................... 40

For each renewal real estate broker’s license, 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

For each real estate salesman’s license.................................................................. 20

For each renewal real estate salesman’s license, for 1 year or fraction thereof 20 For each branch office broker’s license, for 1 year or fraction thereof............................................................................................. $25

 


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

ê1963 Statutes of Nevada, Page 678 (Chapter 339, SB 102)ê

 

For each branch office broker’s license, for 1 year or fraction thereof............ $25

For each change of name or address........................................................................ 3

For each transfer of real estate salesman’s license on change of employer....... 3

For each duplicate license or pocket card where the original license or pocket card is lost or destroyed, and affidavit made thereof................................................... 5

For each reinstatement of a real estate broker’s or salesman’s license............... 3

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

For each change of status from broker to broker-salesman, or the reverse........ 3

 

      Sec. 77.  NRS 645.850 is hereby amended to read as follows:

      645.850  1.  Any person, copartnership, association or corporation violating a provision of this chapter shall, upon conviction thereof, if a person, be punished by a fine of not more than $1,000, or by imprisonment in the county jail for a term not to exceed 1 year, or by both fine and imprisonment, and if a copartnership, association or corporation, be punished by a fine of not more than $2,500.

      2.  Any officer or agent of a corporation, or member or agent of a copartnership or association, who shall personally participate in or be accessory to any violation of this chapter by such copartnership, association or corporation, shall be subject to the penalties herein prescribed for individuals.

      3.  Nothing herein contained shall be construed to release any person, corporation, association or copartnership from civil liability or criminal prosecution under the general laws of this state.

      4.  The [commission, or any member thereof,] administrator may prefer a complaint for violation of NRS 645.230 before any court of competent jurisdiction, and [it] may take the necessary legal steps through the proper legal officers of this state to enforce the provisions thereof.

      5.  Any court of competent jurisdiction shall have full power to try any violation of this chapter, and upon conviction the court may, at its discretion, revoke the license of the person, copartnership, association, or corporation so convicted, in addition to imposing the other penalties herein provided.

      Sec. 78.  Chapter 657 of NRS is hereby amended by adding thereto the provisions set forth as sections 79 and 80 of this act.

      Sec. 79.  As used in the Title, “banking division” means the banking division of the department of commerce.

      Sec. 80.  As used in this chapter, “director” means the director of the department of commerce.

      Sec. 81.  NRS 658.010 is hereby amended to read as follows:

      658.010  [The governor shall appoint a superintendent of banks, who may be removed from office by the governor at any time.]


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

ê1963 Statutes of Nevada, Page 679 (Chapter 339, SB 102)ê

 

who may be removed from office by the governor at any time.] The superintendent of banks and the banking division shall administer the provisions of this Title, subject to administrative supervision by the director.

      Sec. 82.  NRS 658.030 is hereby amended to read as follows:

      658.030  1.  After appointment and before entering upon the discharge of the duties of his office, the superintendent of banks shall:

      (a) Take and subscribe to an official oath.

      (b) Execute to the State of Nevada a good and sufficient bond for the faithful performance of his duties, in an amount not less than $50,000, which bond shall be approved in writing annually, as to adequacy, by the state board of examiners, and approved, as to form, by the attorney general. The bond shall be filed with the [state board of finance.] director.

      2.  In every case where the superintendent of banks shall be called upon to take charge of the affairs or assets of a bank or banks, in accordance with the provisions of this Title, the state board of finance shall require him to give an additional bond in such sum as may be fixed by the state board of finance. Such bonds shall be approved in like manner as his official bond provided for in subsection 1 and filed with the [state board of finance.] director.

      Sec. 83.  NRS 658.080 is hereby amended to read as follows:

      658.080  The superintendent of banks and deputy superintendents of banks shall be allowed [their actual and necessary] traveling expenses [when away from the capital on official business.] and subsistence allowances as provided in NRS 281.160. When bills for such traveling expenses are approved by the [state board of finance] director and the state board of examiners, such traveling expenses shall be paid out of the appropriation made for the support of the [office of the superintendent of banks.] banking division.

      Sec. 84.  NRS 658.090 is hereby amended to read as follows:

      658.090  The state board of finance shall [have, in connection with the superintendent of banks, supervision and control of all banks, and the business thereof, operating under the laws of this state.] act in an advisory capacity to the banking division in the administration of the provisions of this Title and perform such other functions as required by such provisions.

      Sec. 85.  NRS 658.100 is hereby amended to read as follows:

      658.100  In addition to the other powers conferred upon him by this Title, the superintendent of banks shall:

      1.  Be charged with the enforcement of the provisions of this Title [;] , subject to administrative supervision by the director; and

      2.  Have the power to make rules and regulations for the governing of banks doing business under the terms of this Title.

      Sec. 86.  NRS 658.120 is hereby amended to read as follows:

      658.120  All licenses, orders and certificates issued by the superintendent of banks shall be attested by the seal of the [state board of finance] banking division and by the signature of the superintendent of banks.


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

ê1963 Statutes of Nevada, Page 680 (Chapter 339, SB 102)ê

 

      Sec. 87.  NRS 659.030 is hereby amended to read as follows:

      659.030  1.  The articles of incorporation shall:

      (a) Be subscribed to by at least three of the stockholders of the proposed banking corporation.

      (b) Be acknowledged by them before some person competent to take an acknowledgment of deeds.

      (c) Be filed in the office of the secretary of state.

      2.  One copy thereof, duly certified by the secretary of state, shall be filed in the office of the clerk of the county in which the principal place of business of the corporation is intended to be located, and another copy thereof in like manner shall be filed in the office of the [state board of finance.] banking division.

      Sec. 88.  NRS 661.020 is hereby amended to read as follows:

      661.020  1.  The paid-up capital, together with the surplus, undivided profits, and reserves for losses of any state bank, shall, subject to the limitations of NRS 661.010, be at least 6 percent of the total deposit liability of the bank as may be determined by the superintendent of banks. [and the state board of finance.] In determining the amount of paid-up capital, surplus, undivided profits and reserves for losses that shall be required, the superintendent of banks [and the state board of finance] shall give due consideration to the character and liquidity of the assets of the bank and to the standards, regarding capital requirements, established by other state and federal banking supervising agencies.

      2.  The superintendent of banks [and the state board of finance] shall, for the purpose of determining capital requirements for any state bank, include capital, surplus, undivided profits and any reserve for losses, and may include as capital 6 percent of the par value of all United States Government bonds owned by the bank.

      3.  In no case shall the aggregate amount of capital and surplus as hereby determined equal an amount which is less than 6 percent of the deposit liability.

      4.  The deposit liability for the purposes of this section shall be the average of daily deposit liabilities for a period of 60 days.

      5.  Nothing in this section shall be deemed to prohibit the acceptance of deposits by any bank while it is proceeding expeditiously, as determined by the superintendent of banks, to comply herewith.

      Sec. 89.  NRS 662.270 is hereby amended to read as follows:

      662.270  1.  Any bank or trust company, now or hereafter organized under the laws of this state, may, by appropriate declarations in its articles of incorporation as filed or amended, conduct a mortgage loan business subject to regulation and control by the [state board of finance and the] superintendent of banks.

      2.  Any bank or trust company desiring to conduct such a business shall so organize its business and its records that the departments thereof shall be completely segregated as to assets, liabilities, income and expense, except that capital and surplus shall not be segregated. In the event of liquidation, such departments shall be liquidated separately for the benefit of the creditors of the respective departments.


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

ê1963 Statutes of Nevada, Page 681 (Chapter 339, SB 102)ê

 

      3.  Each department, except the mortgage loan department, shall conduct its business in accordance with this Title and other laws of this state applying to banks and trust companies.

      4.  The mortgage loan department shall conduct its business as nearly as may be, as determined by the superintendent of banks, in accordance with the laws of the State of Nevada as such laws apply to building and loan associations and companies.

      Sec. 90.  NRS 662.280 is hereby amended to read as follows:

      662.280  1.  Wherever, in any town, whether incorporated or unincorporated, or in any city of this state, there are two or more banks, bankers or trust companies, they may unite into an association or clearinghouse and adopt rules and regulations for the government of the banks belonging to such association or clearinghouse.

      2.  All the banks of the state, or of any district of the state, may unite in a state or clearinghouse association, or a district association or district clearinghouse association, and any of such associations or clearinghouse associations may make rules and regulations governing the members thereof, which rules and regulations, when approved by the [state board of finance,] banking division, shall be binding upon all the members of such associations or clearinghouse associations and have the full force and effect of rules adopted by the [state board of finance.] superintendent of banks.

      Sec. 91.  NRS 664.030 is hereby amended to read as follows:

      664.030  1.  The [state board of finance] banking division is authorized, upon a proper application in writing showing good cause therefor, to authorize any bank in this state or organized under this Title to restrict, for a limited period, the percentage of withdrawals from all of the accounts of such bank.

      2.  Whenever, in the interest of public business, any bank doing business in this state shall deem it necessary to curtail or restrict the withdrawals of its patrons for a limited period, such bank, through its proper officers, may make application in writing, setting forth the reasons therefor, to the [state board of finance] banking division requesting an order or authorization from the [board] banking division to restrict, for a limited period, withdrawals by the depositors of the bank to a specific percentage of their respective deposits.

      3.  Upon receipt of such application by the [state board of finance,] banking division, and good cause appearing therefor, the [board] division may issue to the applicant [, after consulting the superintendent of banks,] an authorization specifying therein the percentage of all deposits which the bank may pay to its depositors, and the period to which such restriction or limitation may extend. For good cause shown, the [state board of finance] banking division may shorten, cancel, extend or renew such authorization whenever the [board] division may deem such action proper in the interest of public business.

      4.  Any bank obtaining any order or authorization authorized by this section shall post and maintain, during the period of restriction, in a conspicuous place in or upon its banking premises, a certified copy of each order or authorization.


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

ê1963 Statutes of Nevada, Page 682 (Chapter 339, SB 102)ê

 

      5.  The [state board of finance] banking division is further empowered to authorize all such banks, trust companies and savings banks thereafter to receive new deposits which shall be segregated from the old deposits, and the new deposits shall not be subject to any restriction as to the withdrawal thereof, except as provided in the terms of any time certificate of deposit or savings passbook, and the new deposits shall be invested in such liquid assets as may be approved by the [state board of finance] banking division in order that such banks, trust companies and savings banks may at all times have sufficient funds available to meet the demands on such new deposits in accordance herewith.

      Sec. 92.  NRS 665.040 is hereby amended to read as follows:

      665.040  [1.]  Upon the preparation of the report as provided in NRS 665.030, the superintendent of banks shall forthwith serve a copy thereof on the president or secretary of the board of directors of the bank, and shall make copies available to each member of such board. [The superintendent shall thereupon file the report with the state board of finance, together with an affidavit showing service of the same upon the president or secretary of the board of directors of the bank. Another copy thereof shall be kept on file in the office of the superintendent of banks.

      2.  Within a reasonable time after the receipt of the report by the state board of finance, the state board of finance shall review the same and, if in the board’s judgment] If in the judgment of the superintendent of banks the report discloses any violation of the provisions of this Title on the part of the bank, or if it appears from the report that there are certain conditions existing which should be corrected by the bank, the [state board of finance shall direct the] superintendent of banks [to, and he] shall forthwith in writing [,] call the matter to the attention of each member of the board of directors with instructions to correct the condition.

      Sec. 93.  NRS 667.100 is hereby amended to read as follows:

      667.100  1.  The superintendent of banks may employ such clerks and assistants, and incur such expenses for rent, office supplies and other proper and reasonable expenses as may be necessary in the preservation and liquidation of the business of such bank.

      2.  In special and important cases he may employ an attorney or attorneys at law, as special counsel to assist in the conduct of any particular case, whose compensation shall be fixed by the [state board of finance] superintendent of banks at such reasonable and proper sum as may be determined by [the board] him for the services rendered.

      3.  In ordinary cases, and for the usual advice and assistance that the superintendent of banks may require in all legal matters, such services shall be rendered by the district attorney of the county where the banking business was carried on, and also, upon request of the superintendent of banks, by the attorney general, without additional compensation, except that the [state board of finance] superintendent of banks may [, in its discretion,] allow the district attorney such sum as may be adjudged reasonable by [them,] him, not exceeding, however, $50 per month, during the period of the rendition of such services.


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

ê1963 Statutes of Nevada, Page 683 (Chapter 339, SB 102)ê

 

as may be adjudged reasonable by [them,] him, not exceeding, however, $50 per month, during the period of the rendition of such services.

      Sec. 94.  Chapter 673 of NRS is hereby amended by adding thereto the provisions set forth as sections 95 to 96 of this act.

      Sec. 95.  “Director” means the director of the department of commerce.

      Sec. 96.  “Savings and loan division” means the savings and loan division of the department of commerce.

      Sec. 97.  NRS 673.003 is hereby amended to read as follows:

      673.003  “Board” mean the savings association advisory board.

      Sec. 98.  NRS 673.035 is hereby amended to read as follows:

      673.035  [There is hereby created the department of savings associations consisting of:

      1.  The commissioner of savings associations; and

      2.  The savings association board.] The commissioner and the savings and loan division shall administer the provisions of this chapter, subject to administrative supervision by the director.

      Sec. 99.  NRS 673.0351 is hereby amended to read as follows:

      673.0351  The commissioner shall [:

      1.  Be appointed by and serve at the pleasure of the governor.

      2.  Receive an annual salary of $9,460.

      3.  Receive] receive the per diem expense allowance and travel expenses as fixed by law.

      Sec. 100.  NRS 673.0354 is hereby amended to read as follows:

      673.0354  Upon request of the commissioner, the superintendent of the state department of buildings and grounds shall assign and make available to the commissioner and the board suitable and convenient rooms or space for [the use of the department.] their use.

      Sec. 101.  NRS 673.0355 is hereby amended to read as follows:

      673.0355  1.  The savings association advisory board is hereby created.

      2.  The board shall consist of five members appointed by the governor. Members of the board shall be citizens of the United States and residents of this state.

      [2.]3.  The members shall be representative businessmen but not more than one may be actively engaged in the operation and management of an association.

      [3.]4.  The governor shall designate one of the members as chairman of the board.

      5.  The board shall serve in an advisory capacity to the savings and loan division and shall conduct such hearings and perform such other functions as required by the provisions of this chapter.

      Sec. 102.  NRS 673.039 is hereby amended to read as follows:

      673.039  1.  The [board] savings and loan division may adopt and amend, from time to time, regulations for the orderly conduct of its affairs.

      2.  The [board] savings and loan division shall:

      (a) Have a seal which shall be judicially noticed.

      (b) Keep, in the office of the commissioner, records of its proceedings. In any proceeding in court, civil or criminal, arising out of or founded upon any provision of this chapter, copies of such records certified as correct under the seal of the [board] division shall be admissible in evidence as tending to prove the contents of such records.


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

ê1963 Statutes of Nevada, Page 684 (Chapter 339, SB 102)ê

 

founded upon any provision of this chapter, copies of such records certified as correct under the seal of the [board] division shall be admissible in evidence as tending to prove the contents of such records.

      [3.  All actions of the board shall be subject to review by the state board of finance.]

      Sec. 103.  NRS 673.040 is hereby amended to read as follows:

      673.040  The commissioner shall have supervision of all foreign and domestic associations, companies and corporations governed by this chapter and doing business in this state, and shall be charged with the administration of the provisions of this chapter [.] , subject to administrative supervision by the director.

      Sec. 104.  NRS 673.060 is hereby amended to read as follows:

      673.060  1.  There is hereby created in the state treasury the savings and loan fund.

      2.  All fees, charges for expenses, assessments and other moneys which are collected under the provisions of this chapter from foreign and domestic associations, companies and corporations governed by this chapter shall be paid into the savings and loan fund.

      3.  All moneys in the savings and loan fund shall be expended, to the extent authorized by the legislature, solely for the purposes of this chapter, and no part of the savings and loan fund shall revert to the general fund of the state.

      4.  The compensation provided for by this chapter and all expenses incurred under this chapter shall be paid from the savings and loan fund. No compensation or expenses incurred under this chapter shall be a charge against the general fund of the state.

      Sec. 105.  Chapter 679 of NRS is hereby amended by adding thereto the provisions set forth as sections 106 and 107 of this act.

      Sec. 106.  “Director” means the director of the department of commerce.

      Sec. 107.  “Insurance division” means the insurance division of the department of commerce.

      Sec. 108.  NRS 680.010 is hereby amended to read as follows:

      680.010  [The department of insurance of the State of Nevada is hereby created. There shall be vested in the department the administration of the provisions of this Title.] The commissioner and the insurance division shall administer the provisions of this Title, subject to administrative supervision by the director.

      Sec. 109.  NRS 680.060 is hereby amended to read as follows:

      680.060  [1.]  The commissioner shall receive [an annual salary of $10,940.  2.  He shall receive] the per diem expense allowance and travel expenses as fixed by law.

      Sec. 110.  NRS 680.070 is hereby amended to read as follows:

      680.070  Annually, the commissioner shall report to the [governor] director abstracts of all statements received, together with such suggestions as may be pertinent.

      Sec. 111.  NRS 680.080 is hereby amended to read as follows:

      680.080  1.  The commissioner may designate an employee of the [department] insurance division as his chief deputy, who shall not be in the classified service of the state.


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

ê1963 Statutes of Nevada, Page 685 (Chapter 339, SB 102)ê

 

      2.  [The chief deputy shall receive an annual salary of not more than $8,640.

      3.] In case of the absence of the commissioner or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his chief deputy.

      Sec. 112.  NRS 680.100 is hereby amended to read as follows:

      680.100  Except as otherwise specifically provided in this Title, the attorney general shall act as legal counsel to the [department of] insurance division in all matters pertaining to the administration and enforcement of this Title, and in the prosecution of civil or criminal actions instituted in the name of the state under this Title.

      Sec. 113.  NRS 680.110 is hereby amended to read as follows:

      680.110  The [department] insurance division shall be furnished with suitable office space for the performance of the duties provided in this Title.

      Sec. 114.  NRS 680.120 is hereby amended to read as follows:

      680.120  The commissioner shall have power to devise a [department] seal, which seal shall become the official seal of the [department of insurance.] insurance division.

      Sec. 115.  NRS 680.130 is hereby amended to read as follows:

      680.130  The commissioner, as executive [director of the department,] officer of the insurance division, shall:

      1.  Be responsible for the management of the [department.] insurance division.

      2.  Direct, administer and supervise all administrative and technical activities of the [department.] insurance division, subject to administrative supervision by the director.

      Sec. 116.  NRS 680.140 is hereby amended to read as follows:

      680.140  The commissioner shall have power:

      1.  To establish, consolidate and abolish [divisions] sections within the [department.] insurance division.

      2.  To organize the [department] insurance division as may be required for the proper administration of the insurance laws.

      Sec. 117.  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] insurance division 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.


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

ê1963 Statutes of Nevada, Page 686 (Chapter 339, SB 102)ê

 

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

      Sec. 118.  NRS 680.220 is hereby amended to read as follows:

      680.220  1.  All certificates issued by the commissioner in accordance with the provisions of the insurance laws and all copies of documents filed in his office in accordance with the provisions of this Title when certified by him shall be taken and received in all courts and public offices and by official bodies of this state as prima facie evidence of the facts therein stated.

      2.  A certificate by the commissioner under the seal of the [department] insurance division as to the existence or nonexistence of the facts relating to companies which would not appear from a certified copy of any of the documents or certificates specified in subsection 1 shall be taken and received in all courts and public offices and by official bodies as prima facie evidence of the existence or nonexistence of the facts therein stated.

      Sec. 119.  NRS 658.040, 679.080, 680.020 and 680.030 are hereby repealed.

      Sec. 120.  On July 1, 1963, all moneys in the Nevada real estate commission fund and all other moneys under the control of the Nevada real estate commission shall be deposited in the real estate division fund.

 

________

 

 

CHAPTER 340, AB 355

Assembly Bill No. 355–Committee on Roads, Transportation and Aviation

CHAPTER 340

AN ACT to amend chapter 706 of NRS, relating to motor vehicle carriers, by adding new sections providing for actions against delinquent licensees for fees and other obligations; providing for issuance of a writ of attachment without bond; providing that a verified claim by the department of motor vehicles is prima facie evidence of the obligation; providing that delinquent fees and other obligations are a lien on the motor vehicle to which the fees apply; and providing other matters properly relating thereto.

 

[Approved April 12, 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 the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  Whenever any licensee is delinquent in the payment of any license fee or other obligation imposed under this chapter, the department may transmit notice of such delinquency to the attorney general or the district attorney of the proper county, who shall proceed at once, by appropriate legal action, to collect all sums due the state from such licensee.


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

ê1963 Statutes of Nevada, Page 687 (Chapter 340, AB 355)ê

 

      Sec. 3.  In such action a writ of attachment may issue, and no bond or affidavit previous to the issuing of the attachment shall be required.

      Sec. 4.  In any action brought to enforce the rights of the state under this chapter, a verified claim by the department showing the delinquency shall be prima facie evidence of the amount of such obligation, of such delinquency, and of compliance by the department with all provisions of this chapter relating to such obligation.

      Sec. 5.  The delinquent fees, interest and penalties shall constitute a lien upon and have the effect of an execution duly levied against any motor vehicle owned or being purchased by the licensee for the operation of which fees or other obligations are due under the provisions of this chapter. The lien attaches at the time the vehicle is operated in this state with fees or other obligations delinquent.

      Sec. 6.  The lien shall not be removed until the fees or other obligations are paid or the motor vehicle subject to the lien is sold in payment of the fees or other obligations.

      Sec. 7.  The lien is paramount to all private liens or encumbrances of whatever character upon the motor vehicle and to the rights of any conditional vendor or any other holder of the legal title to such motor vehicle, with the following exceptions:

      1.  The lien shall not be enforcible against any motor vehicle which was transferred in good faith to a bona fide transferee before physical possession of the motor vehicle was taken by the State of Nevada pursuant to the lien.

      2.  The lien shall be subordinate to any lien of indebtedness secured by a chattel mortgage or conditional sales agreement which existed against a motor vehicle prior to the time when the lien provided by section 5 of this act attached to such motor vehicle if:

      (a) Such indebtedness was incurred in good faith to secure a portion of the purchase price of such motor vehicle;

      (b) Such indebtedness is secured by a chattel mortgage or conditional sales agreement perfected as required by law; and

      (c) Such chattel mortgage, whether a purchase money mortgage or otherwise, or conditional sales agreement was not given, directly or indirectly, to any officer or stockholder of a corporation having the lawful use or control of such motor vehicle.

      3.  Notwithstanding the provisions of subsection 2, the lien provided by section 5 of this act shall be enforcible as to any equity which may remain in a motor vehicle subject to such lien after the encumbrance of any chattel mortgage or conditional sales agreement has been removed by repossession and sale of such motor vehicle by a chattel mortgagee or conditional vendor, but no such sale, either public or private, may be had unless such chattel mortgagee or conditional vendor has served, by registered mail, at least 5 days prior to the date set for sale, notice upon the director of the department of the time and place of such sale. The department shall notify the legal owner, if the name of the legal owner is known to the department, at the time the lien attaches to any vehicle, or as soon thereafter as the department learns that the lien has attached.


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

ê1963 Statutes of Nevada, Page 688 (Chapter 340, AB 355)ê

 

      Sec. 8.  1.  If the ownership of a motor vehicle subject to the lien provided for by section 5 of this act is transferred, whether by operation of law or otherwise, no certificate of registration or certificate of ownership with respect to such motor vehicle shall be issued by the department to the transferee or person otherwise entitled thereto until the department has issued a certificate that such lien has been removed.

      2.  No license issued under chapter 706 of NRS with respect to a motor vehicle which becomes subject to the lien provided for by section 5 of this act shall be transferred until the department has issued a certificate that such lien has been removed.

      Sec. 9.  1.  If any licensee is delinquent in the payment of any fee or other obligation imposed under this chapter, the department may give notice of the amount of such delinquency by registered mail to all persons having in their possession or under their control any credits or other personal property belonging to such licensee, or owing any debts to such licensee at the time of the receipt by them of such notice. Thereafter any person so notified shall neither transfer nor make other disposition of such credits, personal property or debts until the department has consented to a transfer or disposition, or until 20 days have elapsed from and after the receipt of such notice.

      2.  All persons so notified shall, within 5 days after the receipt of such notice, advise the department of any such credits, personal property or debts in their possession, under their control or owing by them, as the case may be.

      Sec. 10.  The remedies of the state provided for in this chapter are cumulative, and no action taken by the department shall be construed to be an election on the part of the state or any of its officers to pursue any remedy under this chapter to the exclusion of any other remedy for which provision is made in this chapter.

 

________

 

 

CHAPTER 341, AB 334

Assembly Bill No. 334–Committee on Ways and Means

CHAPTER 341

AN ACT to amend an act entitled “An Act creating the Nevada centennial commission; providing for the organization of such commission and its powers and duties; creating a Nevada centennial fund; and providing other matters properly relating thereto,” approved March 29, 1961; making an appropriation to the Nevada centennial fund; and providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  Section 5 of the above-entitled act, being chapter 206, Statutes of Nevada 1961, at page 348, is hereby amended to read as follows:


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

ê1963 Statutes of Nevada, Page 689 (Chapter 341, AB 334)ê

 

      Section 5.  For the purpose of enabling the commission to perform the powers and duties enumerated in section 3, there is hereby created in the state treasury the Nevada centennial fund. All moneys provided by direct legislative appropriation or received by the commission by gift [or otherwise] , or from the sale of souvenirs or medallions, first-day mailings or any other source shall be deposited in such fund. Moneys in such fund shall be paid out on claims certified by the commission in the same manner as other claims against the state are paid. On June 30, 1965, the Nevada centennial fund shall terminate and the state controller is directed on that date to transfer any moneys remaining therein to the general fund in the state treasury.

      Sec. 2.  The above-entitled act, being chapter 206, Statutes of Nevada 1961, at page 347, is hereby amended by adding thereto a new section to be designated as section 6, which shall immediately follow section 5 and shall read as follows:

      Section 6.  Moneys appropriated to the Nevada centennial fund and moneys deposited therein by the commission from any other source may be expended by the commission in accordance with its budget. Expenditures necessary but not provided for in the budget may be made with the approval of the governor.

      Sec. 3.  There is hereby appropriated from the general fund in the state treasury to the Nevada centennial fund the sum of $250,000.

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

 

________

 

 

CHAPTER 342, AB 397

Assembly Bill No. 397–Mr. Pozzi

CHAPTER 342

AN ACT to amend NRS section 482.480, relating to registration fees for vehicles, by changing the registration fees for certain trucks and trailers; and by providing other matters properly relating thereto.

 

[Approved April 12, 1963]

 

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

do enact as follows:

 

      Section 1.  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] $7.

      4.  For every trailer having an unladened weight of 1,000 pounds or less, a flat registration fee of $2.50.


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

ê1963 Statutes of Nevada, Page 690 (Chapter 342, AB 397)ê

 

or less, a flat registration fee of $2.50. For every trailer having an unladened weight of more than 1,000 pounds, but not more than 3,500 pounds, a flat registration fee of $5.50. For every truck or trailer having an unladened weight of more than 3,500 pounds and less than 4,000 pounds, fees according to the following schedule:

 

3,501 to and including 3,549 pounds................................................. $8

3,550 to and including 3,649 pounds................................................. 10

3,650 to and including 3,749 pounds................................................. 12

3,750 to and including 3,849 pounds................................................. 14

3,850 to and including 3,949 pounds................................................. 16

3,950 to and including 3,999 pounds................................................. 18

 

      5.  For every truck [, trailer,] or trailer having an unladened weight of 4,000 pounds or more, except 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 mobile home, the registration fee shall be $5.50.

      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.

      Sec. 2.  This act shall become effective on April 1, 1963.

 

________

 

 

CHAPTER 343, AB 302

Assembly Bill No. 302–Clark County Delegation

CHAPTER 343

AN ACT to amend chapter 244 of NRS, relating to county government, commissioners and managers, by adding a new section authorizing boards of county commissioners to lease real property not needed for public purposes to nonprofit organizations for charitable or civic purposes only and for a period not to exceed 30 years; and providing other matters properly relating thereto.

 

[Approved April 15, 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 board of county commissioners may lease any of the real property of the county for a term not exceeding 30 years, if such real property is not needed for the public purposes of the county and is let to or for any nonprofit charitable or civic organization, and the property is actually used for charitable or civic purposes.


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

ê1963 Statutes of Nevada, Page 691 (Chapter 343, AB 302)ê

 

let to or for any nonprofit charitable or civic organization, and the property is actually used for charitable or civic purposes.

      2.  A lease pursuant to this section may be made on such terms and conditions as seem proper to the board of county commissioners.

      3.  The provisions of NRS 244.320 shall not apply to any proceeding concerning a lease entered into pursuant to this section.

 

________

 

 

CHAPTER 344, SB 98

Senate Bill No. 98–Committee on Finance

CHAPTER 344

AN ACT to amend NRS section 463.330, relating to the costs of administration of gambling laws, the state gaming control board revolving fund and limitations on expenditures, by providing that the limitation on expenditures from the state gaming control board revolving fund shall be for a fiscal year rather than for a calendar year; and providing other matters properly relating thereto.

 

[Approved April 15, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 463.330 is hereby amended to read as follows:

      463.330  1.  Costs of administration of this chapter incurred by the commission and the gaming control board shall be paid from the general fund on claims presented by the commission and approved and paid as other claims against the state are paid; but the total amount of such claims shall not exceed 10 percent of the total amount of money collected pursuant to this chapter. The commission and the board shall comply with the provisions of the State Budget Act in order that legislative authorization for budgeted expenditures may be provided.

      2.  In order to facilitate the confidential investigation of violations of this chapter and the regulations adopted by the commission pursuant hereto, there is hereby created the state gaming control board revolving fund. Upon the written request of the chairman of the board, the state controller is directed to draw his warrant in favor of the chairman in the amount of $3,000, and upon presentation of the same to the state treasurer, the treasurer shall pay the same. When the warrant is paid, the chairman shall deposit the $3,000 in a bank of reputable standing, which bank shall secure the deposit with a depository bond satisfactory to the state board of examiners. Before the chairman of the board shall receive such $3,000 from the state treasurer, he shall furnish a bond to the State of Nevada in the penal sum of $6,000, conditioned upon the faithful performance of his duties hereunder.

      3.  The chairman of the board is authorized to use the revolving fund to pay the reasonable expenses of agents and employees of the board engaged in confidential investigations concerning the enforcement of this chapter, including the prepayment of expenses where necessary, whether such expenses be incurred for investigation of known or suspected violations hereof.


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

ê1963 Statutes of Nevada, Page 692 (Chapter 344, SB 98)ê

 

known or suspected violations hereof. In allowing such expenses the chairman shall not be limited or bound by the provisions of NRS 281.160 or any act amendatory thereof or supplemental thereto.

      4.  After the expenditure of money from the revolving fund, the chairman of the board shall present a claim to the state board of examiners for the amount of the expenditure to be replaced in the revolving fund. The claim shall be audited, allowed and paid as are other claims against the state, but such claim shall not detail the investigation made as to the agent or employee making the same or the person or person investigated. If the state board of examiners is not satisfied with the claim, the members thereof may orally examine the chairman concerning the same.

      5.  Expenditures from the revolving fund shall not exceed $15,000 in any 1 [calendar] fiscal year. Authorization for expenditures from the revolving fund shall in no event be deemed to be an exception to the limitation on total expenditures imposed by subsection 1, but such expenditures from the revolving fund shall be deemed administrative expenses of this chapter and shall be included in the total of expenditures to which such limitation is applicable.

      Sec. 2.  For the period from January 1, 1963, to June 30, 1963, the chairman of the state gaming control board is authorized to expend from the state gaming control board revolving fund for such purposes as are authorized by law a sum of money not to exceed $7,500.

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

 

________

 

 

CHAPTER 345, SB 67

Senate Bill No. 67–Senator Dodge

CHAPTER 345

AN ACT to amend chapter 624 of NRS, relating to contractors, by adding a new section requiring the payment of registration fees for all motor vehicles owned by the board; to amend NRS sections 334.010, 482.365, 482.505, 624.220, 624.270, 624.290 and 624.300, relating to identification, registration and license fees of state-owned vehicles, classification of contractors, contractors’ bonds, joint ventures by contractors, and suspension and revocation of contractors’ licenses, by exempting automobiles owned by the state contractors’ board from the requirement of carrying the label and license plates of state-owned vehicles; by exempting certain state-owned vehicles from the payment of license fees; by permitting the board to take certain measures limiting the scope of operations of licensed contractors; by increasing the amount of bonds or cash deposits required of licensed contractors; by limiting the right of licensed contractors to engage in joint ventures; and providing other matters properly relating thereto.

 

[Approved April 18, 1963]

 

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

do enact as follows:

 

      Section 1.  Chapter 624 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      All motor vehicles owned by the board shall be subject to the payment of motor vehicle registration fees.


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ê1963 Statutes of Nevada, Page 693 (Chapter 345, SB 67)ê

 

      Sec. 2.  NRS 334.010 is hereby amended to read as follows:

      334.010  1.  Except as otherwise provided in subsection 2, and except for automobiles to be used as ambulances, any automobile purchased by or on behalf of the State of Nevada, any department, office, bureau, or official or employee thereof, shall cost a sum of money not to exceed $3,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.

      2.  Any automobile purchased by or on behalf of the governor shall cost a sum of money not to exceed $5,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.

      3.  No automobile shall be purchased by any department, office, bureau, official or employee of the state without prior written consent of the state board of examiners.

      4.  All such automobiles shall be used for official purposes only.

      5.  All such automobiles, except automobiles maintained for and used by or under the authority and direction of the state board of parole commissioners, the state contractors’ board and auditors and investigators of the state gaming control board, and one automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center, shall be labeled on both sides thereof by painting the words “For Official Use Only” thereon in plain lettering and by placing a facsimile of the great seal of the State of Nevada thereon. The facsimile shall not be less than 12 inches in diameter and shall be placed or inscribed on the automobile by painting, the use of decalcomania, or other method whereby the same shall be clearly and permanently visible. The public service commission of Nevada shall furnish each state department or officer with stencils, decalcomania, or other materials necessary for placing the facsimile of the great seal on each such automobile and shall charge the necessary costs thereof to the department or officer receiving the same.

      6.  Any officer or employee of the State of Nevada who violates any provision of this section shall be guilty of a misdemeanor.

      Sec. 3.  NRS 482.365 is hereby amended to read as follows:

      482.365  1.  The department shall provide suitable distinguishing plates, to be issued once every 5 years, except as provided in subsection 2, for vehicles owned by the State of Nevada, or by any board, bureau, department, or commission thereof, or any county, city, town, school district or irrigation district in the state, which shall be provided at cost and shall be displayed on such vehicles in the same manner as provided for privately owned vehicles.

      2.  License plates furnished for such automobiles as are maintained for and used by or under the authority and direction of the state board of parole commissioners, the state contractors’ board and auditors and investigators of the state gaming control board, and one automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center shall not bear any distinguishing mark which would serve to identify such automobiles as state-owned vehicles.


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ê1963 Statutes of Nevada, Page 694 (Chapter 345, SB 67)ê

 

serve to identify such automobiles as state-owned vehicles. Notwithstanding the provisions of subsection 1, such license plates shall be issued annually.

      3.  Applications for such licenses shall be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling such vehicles, and no plate or plates shall be issued until a certificate shall have been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words “For Official Use Only” have been permanently and legibly affixed to each side of the vehicle, except such automobiles as are maintained for and used by or under the authority and direction of the state board of parole commissioners, the state contractors’ board and auditors and investigators of the state gaming control board, and one automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center.

      Sec. 4.  NRS 482.505 is hereby amended to read as follows:

      482.505  [All] Except as otherwise provided by law, all motor vehicles owned by the State of Nevada, or by any board, bureau, department or commission thereof, or any county, city, town, school district or irrigation district in the state shall be exempt from the payment of the license fee thereon.

      Sec. 5.  (There is no section of this number.)

      Sec. 6.  NRS 624.220 is hereby amended to read as follows:

      624.220  1.  The board may adopt rules and regulations necessary to effect the classification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which he is classified and qualified to engage. [A licensee may make application for classification and be classified in more than one classification if the licensee meets the qualifications prescribed by the board for such additional classification or classifications. The rules and regulations may provide for an additional application or license fee to be charged for qualifying or classifying a licensee in additional classifications.] The board may limit the field and scope of the operations of a licensed contractor by establishing a monetary limit on a contractor’s license, and such limit shall be the maximum contract a licensed contractor shall undertake under a specific contract. The board may take such other action designed to limit the field and scope of the operations of a contractor as may be necessary to protect the health, safety and general welfare of the public.

      2.  Nothing contained in this section shall prohibit a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which he is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.


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ê1963 Statutes of Nevada, Page 695 (Chapter 345, SB 67)ê

 

or trades, other than in which he is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.

      Sec. 7.  NRS 624.270 is hereby amended to read as follows:

      624.270  1.  No new license, as distinguished from the renewal of an existing license, shall be issued hereafter by the board unless the applicant for a new license shall:

      (a) File, or have on file, with the board a bond issued by a qualified surety insurer in a sum to be fixed by the board based upon the magnitude of the operations of the applicant, but which sum shall not be less than $500 nor more than [$1,000] $5,000, running to the State of Nevada and conditioned upon his compliance with all the provisions of this chapter; or

      (b) In lieu of the requirements of paragraph (a), post with the board a cash deposit in an amount based upon the magnitude of the operations of the applicant but of a sum not less than $500 nor more than [$1,000.] $5,000.

      2.  The failure of an applicant to file the required bond or post the required deposit shall constitute grounds for denying him a license.

      3.  Every person injured by the unlawful acts or omissions of a contractor who has filed a bond or posted a cash deposit as required under the provisions of this section may bring an action in a proper court on the bond or a claim against the cash deposit for the amount of the damage he suffered as a result thereof to the extent covered by the bond or cash deposit.

      4.  The claim of any employee of the contractor for wages shall be a preferred claim against any such bond or cash deposit. If any bond or cash deposit which may be required is insufficient to pay all claims for wages in full, the sum recovered shall be distributed among all claimants for wages in proportion to the amount of their respective claims. The partial payment of such claims shall not be considered as full payment and the claimants may bring action for the completion of payment of any unpaid balance.

      5.  After the licensee required to furnish the bond has acted in the capacity of a licensed contractor within the State of Nevada for a period of 2 years, the licensee shall be relieved of the requirement of filing a bond or posting a cash deposit. The bond or cash deposit shall remain in force and with the board during the first 2 years’ operation of the licensee as a licensed contractor, and during such additional time as, in the opinion of the board, there may be unsatisfied claims outstanding against the period of operation.

      Sec. 8.  NRS 624.290 is hereby amended to read as follows:

      624.290  1.  It is unlawful for any two or more licensees, whose licenses have been limited by the board to contracts not exceeding certain monetary sums and each of whom has been issued a license to engage separately in the business or to act separately in the capacity of a contractor within this state, jointly to submit a bid or otherwise act in the capacity of a contractor within this state without first having secured an additional license for acting in the capacity of such a joint venture or combination in accordance with the provisions of this chapter as provided for an individual, copartnership or corporation.


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ê1963 Statutes of Nevada, Page 696 (Chapter 345, SB 67)ê

 

venture or combination in accordance with the provisions of this chapter as provided for an individual, copartnership or corporation.

      2.  A licensee whose license is limited to contracts not exceeding certain monetary sums cannot be a party to a joint venture unless such licensee has secured an additional license for such joint venture.

      Sec. 9.  NRS 624.300 is hereby amended to read as follows:

      624.300  The board shall have power [to] either to suspend or revoke licenses already issued and to refuse renewals of licenses when the applicant or licensee:

      1.  Has been guilty of acts of conduct harmful to either the safety or protection of the public; or

      2.  Has been guilty of dishonesty, fraud and deceit whereby injury has been sustained by another; or

      3.  Cannot establish financial responsibility at the time of renewal; or

      4.  Has failed to comply with and complete a contract; or

      5.  Has been guilty of improper diversion of funds, misuse or misappropriation of funds, willful delay in completion of construction and the like.

 

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CHAPTER 346, AB 465

Assembly Bill No. 465–Clark County Delegation

CHAPTER 346

AN ACT to amend NRS section 207.030, relating to vagrants, by adding new elements to the definition of a vagrant in relation to persons without visible or known means of living; and by providing other matters properly relating thereto.

 

[Approved April 18, 1963]

 

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

do enact as follows:

 

      Section 1.  NRS 207.030 is hereby amended to read as follows:

      207.030  1.  Every idle or dissolute person:

      (a) Without visible or known means of living, who has the physical ability to work, who engages in vice or associates with persons known to engage in vice or associates with known cheaters of gaming establishments, and who does not use due diligence to seek employment, nor labor when employment is offered to him; or

      (b) Who roams about the country from place to place without any lawful business; or

      (c) Who wanders about the streets at late and unusual hours of the night, or prowls around dark alleys, byways, and other dark or unfrequented places at any hour of the night, without any legitimate business in so doing; or

      (d) Who lodges in any barn, shed, shop, outhouse or place other than that kept for lodging purposes, without the permission of the owner or person entitled to the possession thereof,

is a vagrant.


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ê1963 Statutes of Nevada, Page 697 (Chapter 346, AB 465)ê

 

      2.  Every associate of known thieves who wanders about the streets at late and unusual hours of the night, or prowls around dark alleys, byways, and other dark or unfrequented places at any hour of the night, without any legitimate business in so doing, is a vagrant.

      3.  Every healthy beggar who solicits alms as a business is a vagrant.

      4.  Every person who makes a practice of going from house to house begging food, money or other articles, or seeks admission to such houses upon frivolous pretexts for no other apparent motive than to see who may be therein, or to gain an insight of the premises, is a vagrant.

      5.  Every person who keeps a place where lost or stolen property is concealed is a vagrant.

      6.  Every common drunkard who is in the habit of lying around the streets, alleys, sidewalks, saloons, barrooms or other public places in a state of intoxication is a vagrant.

      7.  Ever pimp, panderer, procurer or procuress is a vagrant.

      8.  Every lewd or dissolute male person who lives in or about houses of prostitution or solicits for any prostitute or house of prostitution is a vagrant.

      9.  Every lewd and dissolute female person known as a streetwalker, or common prostitute, who shall upon the public streets, or in or about any public place or assemblage, or in any saloon, barroom, clubroom or any other public or general place of resort for men, or anywhere within the sight or hearing of ladies or children, conduct and behave herself in an immodest, drunken, indecent, profane or obscene manner, either by actions, language or improper exposure of her person, is a vagrant.

      10.  Every boy or male person under the age of 21 years who:

      (a) Habitually remains away from his home or place of residence after 9 p.m.:

             (1) Without some lawful and necessary business or other imperative duty, or good and sufficient reason or cause for such absence from home after such hour; or

             (2) For his own amusement and pastime, without any legitimate business for so doing, frequents and passes his time in any billiard room or other place where any such games are played, or any saloon or other place where intoxicating liquor is sold or drunk; or

      (b) At any hour of the night or day, for his own amusement and pastime, without any legitimate business for so doing, frequents or loafs around any low den, house or other place of vice, infamy or immorality, where known thieves and other vicious and infamous persons resort or congregate; or

      (c) At any hour of the night, either alone or otherwise, prowls about the streets or town, disturbing the peace and quiet of the neighborhood by loud or unnecessary noise, or committing petty depredations, tricks or pranks upon the person or property of other people, or by abusive, obscene or insulting language, or by any manner of rowdyism whatsoever, disturbs or annoys the passer-by, any lawful assemblage of persons, or the neighborhood at large,

is a vagrant.


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ê1963 Statutes of Nevada, Page 698 (Chapter 346, AB 465)ê

 

      11.  A vagrant shall be punished by imprisonment in the county jail for not more than 3 months, or by a fine of not more than $300, or by both fine and imprisonment.

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

 

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CHAPTER 347, AB 502

Assembly Bill No. 502–Messrs. Christensen and Valentine

CHAPTER 347

AN ACT to amend an act entitled “An Act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith,” approved March 28, 1949, as amended.

 

[Approved April 18, 1963]

 

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

do enact as follows:

 

      Section 1.  Section 1.02 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 373, is hereby amended to read as follows:

      Section 1.02.  The city of Sparks [may] shall be divided into five wards which shall be as near equal in registered electors as can be conveniently provided, and the territory comprising each ward shall be contiguous. The boundaries of wards shall be established and changed by ordinance passed by a vote of at least three-fifths of the whole council. The boundaries of wards may be changed whenever the electors registered at the time of any municipal election in any ward shall exceed the number of electors registered in any other ward by more than twenty percent (20%).

      Sec. 2.  Section 1.03 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 367, Statutes of Nevada 1961, at page 741, is hereby amended to read as follows:

      Section 1.03.  The city council may extend the exterior boundaries or limits of the city so as to annex or include therein additional lands with the tenements, property and inhabitants thereof, by the passage or an ordinance declaring the territory to be annexed; provided, that the majority of the property owners of the district proposed to be annexed first petition the city council to annex the territory.

      When the city council deems it necessary to annex additional territory to the city of Sparks, and the inhabitants of the territory have not petitioned for annexation, the city council shall pass a resolution declaring its intention to annex the territory, describing the territory to be annexed, and ordering a plat of the same to be filed in the office of the city clerk, and notice to be given as to the time when the city council shall hear objections to the annexation of the territory on the part of the freeholders residing therein, and the residents of the city.


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ê1963 Statutes of Nevada, Page 699 (Chapter 347, AB 502)ê

 

of the city. The notice shall be published in two publications at least 1 week apart in a newspaper published in the city of Sparks, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, and shall be posted in at least three public places in the district to be annexed, and shall be mailed to all known freeholders in the district sought to be annexed, citing them to appear and show cause, on the date named, why the land should not be annexed to the city, and giving the reasons why the land should be annexed to the city. After the hearing, if a majority of the freeholders residing in the territory sought to be annexed to not protest, the city council shall pass an ordinance declaring the property to be annexed to, and be a part of, the city of Sparks, and shall order a plat showing the territory to be recorded in the office of the county recorder of Washoe County, and the territory shall then be a part of the city of Sparks and subject to all taxes and laws thereof.

      If a majority of the freeholders in the territory sought to be annexed protest against the annexation of the territory, a unanimous vote of the city council shall be required to pass the ordinance annexing the territory to the city of Sparks.

      Sec. 3.  Section 2.01 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 367, Statutes of Nevada 1961, at page 742, is hereby amended to read as follows:

      Section 2.01.  [The mayor, with the city clerk or some member of the council, shall at least once each month, count the cash in the city treasury and see that such count corresponds with the books of the treasurer, and report the result to the council. He] The mayor shall see that all contracts are faithfully kept and fully performed, and to that end, and in any case where necessary or proper to protect the interests of the city, shall cause legal proceedings to be instituted or defended. The mayor shall recommend to the council the suspension or dismissal of any appointive officer of the city, who is not within the civil service system, for dereliction, neglect or nonperformance of duty or for any other reason as might appear to him just cause for such suspension or dismissal. If the council by a majority vote of the whole council approves the suspension or dismissal, such office shall be declared vacant. If a majority vote of the whole council is against such approval, no action shall be taken.

      Sec. 4.  Section 2.06 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 367, Statutes of Nevada 1961, at page 743, is hereby amended to read as follows:

      Section 2.06.  The mayor shall receive such salary as the council shall, from time to time, prescribe by ordinance not exceeding the sum of [four thousand dollars ($4,000)] $6,000 per annum, payable monthly.

      Sec. 5.  Section 3.01 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 375, is hereby amended to read as follows:

      Section 3.01.  The councilmen elected under this charter shall be elected for [a term] terms of four years.


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ê1963 Statutes of Nevada, Page 700 (Chapter 347, AB 502)ê

 

elected for [a term] terms of four years. [from and after the 1st day of May 1935. At the next subsequent general city election, each councilman elected from his respective ward shall serve for a term of four years from and after the date of their respective elections, and until their successors have been duly elected and qualified.]

      Sec. 6.  Section 3.02 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 375, is hereby amended to read as follows:

      Section 3.02.  Any vacancy occurring in the office of councilman shall be filled by the mayor and council at a regular meeting within thirty days after such vacancy, when the council and the mayor, who shall have the same voting power thereon as a councilman, shall by a majority vote of the whole council elect some person possessing the requisite qualifications as hereinbefore prescribed, who shall hold [said] such office until the election and qualification of a councilman at the next regular general [city] municipal election.

      Sec. 7.  Section 3.03 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 367, Statutes of Nevada 1961, at page 743, is hereby amended to read as follows:

      Section 3.03.  A majority of all members of the council shall constitute a quorum to do business, but a less number may meet and adjourn from time to time, and with the approval of the mayor, compel the attendance of the absent members. No ordinance shall be passed except by a majority vote of the whole council. They may adopt rules for the government of its members and proceedings. [It] The city council must keep a journal of all its proceedings, and upon the call of any one member, or the mayor, must cause the yeas and nays to be taken and entered upon its journal upon any question before it. Its deliberations, sessions, and all proceedings must be public. The councilmen shall receive such salary as may be prescribed from time to time by ordinance, not exceeding the sum of [$1,200] $3,000 per annum for each councilman, payable monthly or semimonthly.

      Sec. 8.  Section 3.36 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 386, is hereby amended to read as follows:

      Section 3.36.  [To] The city council, among other things, shall have the power to determine by ordinance what shall be deemed nuisances, and to provide for the abatement, prevention, and removal of the same, at the expense of the [parties] persons creating, causing, or committing such nuisances, and to provide for the penalty and punishment for the same.

      Sec. 9.  Section 3.37 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 367, Statutes of Nevada 1961, at page 744, is hereby amended to read as follows:

      Section 3.37.  [To] The city council, among other things, shall have the power to provide for safeguarding the health of the city. The council may enforce all regulations and quarantines established or created by the health officer by providing adequate penalties for violations thereof.


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ê1963 Statutes of Nevada, Page 701 (Chapter 347, AB 502)ê

 

      Sec. 10.  Section 3.39 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 367, Statutes of Nevada 1961, at page 744, is hereby amended to read as follows:

      Section 3.39.  [To fix,] 1.  The city council, among other things, shall have the power to:

      (a) Fix, impose, and collect a license tax on, and to regulate all trades, callings, professions and business, conducted in whole or in part within the city.

      [To fix,] (b) Fix, impose, and collect a license tax on, regulate, prohibit, or suppress all businesses selling alcoholic liquors at wholesale or retail and all raffles, hawkers and peddlers, except those dealing in their own agricultural products of this state.

      [To fix,] (c) Fix, impose, and collect a license tax on, regulate, prescribe the locations of or suppress all fortune tellers, mediums, astrologers, palmists, clairvoyants, and phrenologists, pawn shops, pawn brokers, refreshment or coffee stands, booths and sheds.

      [To prohibit,] (d) Prohibit and suppress all dog fights, prize fights, cock fights, bear, bull, or badger baits, sparring and sparring contests and exhibitions.

      [To fix,] (e) Fix, impose, and collect a license on, regulate, prohibit or prescribe the location of gambling and gaming houses, gambling and gaming of all kinds, faro, and all games of chance [;] , houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dance houses having special attractions such as music or otherwise.

      2.  In fixing any license tax the council must have due regard to, and be governed as far as possible by, the amount or volume of business done by each person, firm, company, association or corporation thus licensed and such license tax shall be paid on a pro rata basis.

      Sec. 11.  Section 3.44 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 367, Statutes of Nevada 1961, at page 746, is hereby amended to read as follows:

      Section 3.44.  The city council, among other things, shall have the power [:

      First-To regulate] to:

      1.  Regulate lodging, tenement, and apartment houses accommodating four or more persons in separately leased or rented rooms; to prevent the overcrowding of the same, and to require the same to be kept in sanitary condition.

      [Second-To adopt] 2.  Adopt and enforce, by ordinance, all such measures and establish all such regulations, in case no express provision is in this charter made, as the council may, from time to time, deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of [said] the city, the preservation of peace and good order, the promotion of public morals, and the suppression of vice in the city, and to pass ordinance upon any other subject of municipal control, or to carry into force or effect any other powers of the city, and to do and perform any other duty, every, and all other acts and things necessary for the execution of the powers conferred or which may be necessary fully to carry out the intent, purposes, and object thereof.


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ê1963 Statutes of Nevada, Page 702 (Chapter 347, AB 502)ê

 

and to do and perform any other duty, every, and all other acts and things necessary for the execution of the powers conferred or which may be necessary fully to carry out the intent, purposes, and object thereof.

      [Third-To select,] 3.  Select, appoint, and employ such engineers, surveyors, architects, or other skilled mechanics or persons, from time to time, whenever in the judgment of the council it shall be necessary or expedient, for the purpose of preparing plans for, or supervising the construction of or directing any public work; the salary or compensation, duties and responsibilities of such person to be fixed, determined, and fully defined by ordinance.

      [Fourth-To prescribe] 4.  Prescribe fines, forfeitures, and penalties for the breach or violation of any ordinance, or of any provisions of this charter, but no penalty shall exceed the amount of five hundred dollars or six months imprisonment, or both such fine and imprisonment.

      [Fifth-To require] 5.  Require of and prescribe the amount [and conditions] of official bonds from the members of the council and all officers of the city, whether elective or appointive. The bonds required pursuant to this subsection may be issued either by the state board of examiners pursuant to the provisions of NRS 282.230 to 282.350, inclusive, or if authorized by the provisions of NRS 282.240, by a surety company qualified to do business in the State of Nevada. Required bonds shall be conditioned as required in NRS 282.280.

      Sec. 12.  Section 3.46 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 394, is hereby amended to read as follows:

      Section 3.46.  The city council [of the city of Sparks,] , among other things, shall have power [:

      To provide,] to:

      1.  Provide by ordinance, for a pension fund and for the payment of pensions to employees of the city of Sparks who have been in the employ of [said] the municipal government for a period of years to be determined by [said] the council in [said] such ordinance, and [in the event said] if the city council creates [said] such pension fund, the [said] city council shall, in [said] the ordinance creating [said] the fund, set aside annually not to exceed one percent of the taxes collected annually for general purposes in [said] the city for the creation of [said] such pension fund; provided, that the money so set aside for [said] such fund and not disbursed for [said] such purpose may be invested by the [said] city of Sparks in its own bonds or in an interest savings account in a bank in the city of Sparks [.] ; or

      2.  Participate in the public employees’ retirement system pursuant to the provisions of chapter 286 of NRS.

      Sec. 13.  Section 4 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 367, Statutes of Nevada 1961, at page 747, is hereby amended to read as follows:

      Section 4.  There shall be a city clerk who may be ex officio treasurer and tax receiver and license collector of the city. He shall be elected by the qualified electors of the city at each general [city] municipal election.


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ê1963 Statutes of Nevada, Page 703 (Chapter 347, AB 502)ê

 

by the qualified electors of the city at each general [city] municipal election. As city clerk he shall have the custody of all books and records, the corporate seal, and all documents not otherwise provided for. He shall be clerk of the council, attend all its proceedings, and shall audit all claims against the city. He shall record in a journal all ordinances, bylaws, rules, and resolutions passed or adopted by the council, which journal, after approval at each regular meeting shall be signed by the mayor and attested under the hand of the clerk. He shall countersign all licenses and permits issued to any officer for the use of the city, and shall charge such officer with the same. He shall collect all license fees imposed by any ordinance. He shall countersign all warrants drawn upon the treasurer by the mayor. He shall, when required, make and certify, under the seal of the city, copies of any and all papers, documents or records in his custody, and such copies shall be prima facie evidence of the matters therein contained, and he shall have the power to administer oaths and affirmations. All claims against the city shall be filed with the clerk, who shall report upon the same and all matters pertaining to his office at least once each month, or oftener as the council shall prescribe, which report shall be in writing and under oath. The city clerk shall receive for his services as such, as well as for services performed by him ex officio, such salary as may be prescribed [by the council] from time to time by ordinance, not exceeding [$10,000] $12,000 per annum, payable semimonthly. He shall be a bona fide resident of the city of Sparks for at least three years prior to his election and a taxpayer therein.

      Sec. 14.  Section 6 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 10, Statutes of Nevada 1951, at page 15, is hereby amended to read as follows:

      Section 6.  There shall be a city attorney, who shall be elected by the qualified electors of the city of Sparks at each general [city] municipal election, and he shall hold office for the term of four (4) years and until his successor shall have been duly elected and qualified. No person not a licensed and practicing attorney of the supreme court of this state, in good standing at the bar, shall be eligible to the office of city attorney.

      Sec. 15.  Section 6.01 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 463, Statutes of Nevada 1959, at page 815, is hereby amended to read as follows:

      Section 6.01.  The city attorney shall receive for his services as such, as well as for services performed by him ex officio, such salary as may be prescribed [by the city council,] from time to time by ordinance, not to exceed [$6,000] $9,000 per annum, payable semimonthly.

      Sec. 16.  Section 8 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 70, Statutes of Nevada 1955, at page 109, is hereby amended to read as follows:

      Section 8.  There shall be a police judge, who shall be elected by the qualified electors of the city at each general [city] municipal election and he shall hold office for the term of 4 years and until his successor shall be duly elected and qualified.


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ê1963 Statutes of Nevada, Page 704 (Chapter 347, AB 502)ê

 

successor shall be duly elected and qualified. He shall be a bona fide resident of the city of Sparks for at least 3 years prior to his election and a taxpayer on real property therein. He shall execute and file such bond as the council by ordinance shall prescribe. The police judge shall have the jurisdiction and powers in the city, as are now provided by law for justices of the peace, wherein any person or persons are charged with a breach of violation of the provisions of any ordinance of the city or of this charter, of a police nature; provided, that the trial and proceedings in such cases shall be summary and without a jury. The police judge shall have jurisdiction to try, hear, and determine all cases, whether civil or criminal, for a breach or violation of any city ordinance or any provisions of this charter of a police nature and shall hear, try, determine, acquit, convict, commit, fine, or hold to bail in accordance with the provisions of such ordinance. The practice and proceedings in the court shall conform as nearly as practicable to the practice and proceedings of justices’ courts in similar cases. Fines imposed by the police judge may be recovered by execution against the property of the defendant, or the payment thereof may be enforced by imprisonment in the city jail of the city at the rate of one day for every dollar of such fine, or the police judge may at his discretion adjudge and enter upon his docket a supplemental order that such offender shall work on the streets or public works of the city at a rate of two dollars for each day of sentence, which shall apply on such sentence or fine until the same be exhausted or otherwise satisfied.

      Sec. 17.  Section 8.05 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 367, Statutes of Nevada 1961, at page 747, is hereby amended to read as follows:

      Section 8.05.  The police judge shall receive such salary as may be [provided by the city council, not exceeding $4,000 per annum.] prescribed from time to time by ordinance, not to exceed $6,000 per annum, payable semimonthly.

      Sec. 18.  Section 9 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 398, is hereby amended to read as follows:

      Section 9.  There shall be a chief of police of [said] the city. He shall be appointed by the mayor, subject to confirmation by the council [.] as provided in section 2.04 of Article II. He [must] shall be a citizen of the United States of America not less than [twenty-five] thirty years of age [.] and shall have been actively engaged in law enforcement work for a period of not less than 5 years, 3 years of which shall have been in a supervisory capacity, continuously and immediately preceding his appointment. The chief of police shall command and control the police force and have power to appoint an assistant chief of police and such necessary number of policemen as may be ordered by the council, such appointees to be subject to approval and confirmation of the council, and the salaries and compensations of all members of the police force shall be fixed by the council. The chief of police shall be vigilant in the detection of criminals and offenders and the speedy apprehension of the same, and shall diligently see that all ordinances of

 

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