[Rev. 6/2/2018 11:37:24 AM]

Link to Page 1042

 

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

ê1963 Statutes of Nevada, Page 1043 (Chapter 404, SB 103)ê

 

      Sec. 43.  NRS 284.210 is hereby amended to read as follows:

      284.210  All competitive examinations for positions in the classified service shall:

      1.  Relate to those matters which will fairly test the capacity and fitness of the persons examined to discharge efficiently the duties of the class in which employment is sought.

      2.  Be open to all applicants who meet the reasonable standards or requirements fixed by the [director] chief with regard to experience, character, age, education, physical condition and such other factors as may be held to relate to the ability of the applicants to perform the duties of the position with reasonable efficiency.

      Sec. 44.  NRS 284.220 is hereby amended to read as follows:

      284.220  The [director] chief may require applicants, when filing their applications, to submit certificates of general or special qualifications as the good of the public service may require.

      Sec. 45.  NRS 284.230 is hereby amended to read as follows:

      284.230  1.  Examinations shall be held at such times and places as in the judgment of the [director] chief most nearly meet the convenience of applicants, practicability of administration, and the needs of the public service.

      2.  The officers having control of public buildings in political subdivisions of the state and in school districts, upon request of the [director,] chief, shall furnish convenient and reasonable space for examinations and necessary furniture, heat and light for the accommodation of the local examiners and for holding of examinations authorized by this chapter.

      Sec. 46.  NRS 284.235 is hereby amended to read as follows:

      284.235  The [director] chief may designate appropriate persons, including officers and employees in the public service, to assist in the preparation and rating of examinations. An appointing authority may excuse any employee in his division from his regular duties for the time required for his work as an examiner. Such officers and employees shall not be entitled to extra pay for their services as examiners, but shall be entitled to their regular salaries and the per diem expense allowance and travel expenses as fixed by law.

      Sec. 47.  NRS 284.240 is hereby amended to read as follows:

      284.240  The [director] chief may refuse to examine an applicant or, after examination, may refuse to certify an eligible person who comes under any of the following categories:

      1.  Lacks any of the preliminary requirements established for the examination for the position or employment for which he applies.

      2.  Is physically so disabled as to be rendered unfit for the proper performance of the duties of the position to which he seeks appointment.

      3.  Is addicted to the use of habit-forming drugs.

      4.  Is an habitual user of intoxicating liquors to excess.

      5.  Has been guilty of any crime involving moral turpitude or of infamous or notoriously disgraceful conduct.

      6.  Has been dismissed from the public service for delinquency or misconduct.


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

ê1963 Statutes of Nevada, Page 1044 (Chapter 404, SB 103)ê

 

      7.  Has made a false statement of any material fact.

      8.  Has, directly or indirectly, given, rendered or paid, or promised to give, render or pay, any money, service or other valuable thing to any person for, or on account of, or in connection with, his examination, appointment or proposed appointment.

      9.  Has practiced, or attempted to practice, any deception or fraud in his application, in his certificate, in his examination, or in securing his eligibility or appointment.

      Sec. 48.  NRS 284.245 is hereby amended to read as follows:

      284.245  1.  When the [director] chief refuses to examine an applicant or, after an examination, refuses to certify an eligible person, the applicant or eligible person may request the [director] chief to furnish to him a statement of the reasons for the refusal to examine or the refusal to certify, as the case may be. The [director] chief shall furnish the statement upon request.

      2.  If the [director] chief refuses to examine an applicant or, after an examination, refuses to certify an eligible person, such person may take an appeal to the commission in accordance with rules and regulations adopted by the commission. If the commission finds that the [director] chief is in error in refusing to examine an applicant or in refusing to certify an eligible person, the commission shall order the [director] chief to examine or certify, and the [director] chief shall comply.

      Sec. 49.  NRS 284.250 is hereby amended to read as follows:

      284.250  1.  The [director] chief shall prescribe rules and regulations for the establishment of eligible lists for appointment and promotion which shall contain the names of successful applicants in the order of their relative excellence in the respective examinations.

      2.  The term of eligibility of applicants on such lists shall be 1 year, but such term may be extended by the [director] chief to a maximum of 3 years.

      Sec. 50.  NRS 284.255 is hereby amended to read as follows:

      284.255  1.  Appointments shall be made from the appropriate eligible list, but if no such list exists then the [director] chief may certify from such other list as he deems the next most appropriate. A new and separate list shall be created for a stated position only when there is no satisfactory list.

      2.  Unless otherwise provided by this chapter, no person shall be appointed or employed under any title not appropriate to the duties performed.

      Sec. 51.  NRS 284.265 is hereby amended to read as follows:

      284.265  Appointing authorities shall give written notice to the [director] chief of their intention to establish new positions an of the existence of any vacancy to be filled in any office or employment in the classified service. Within a reasonable time after the receipt of such notice, the [director] chief shall certify from the list of eligible persons, appropriate for the grade and class in which the position is classified, the three names at the head thereof.

      Sec. 52.  NRS 284.270 is hereby amended to read as follows:

      284.270  Each appointing authority shall report to the [director] chief in writing from time to time upon the date of the official action in, or knowledge of, any promotion of a person in the public service.


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

ê1963 Statutes of Nevada, Page 1045 (Chapter 404, SB 103)ê

 

in, or knowledge of, any promotion of a person in the public service.

      Sec. 53.  NRS 284.275 is hereby amended to read as follows:

      284.275  1.  Employees holding positions in the classified service for 2 years or more immediately prior to March 30, 1953, shall be continued in their respective positions without further examination, until separated from their positions as provided by law. The [director] chief shall survey the qualifications of all such employees and shall report the results of such survey to the proper appointing authorities.

      2.  Employees holding positions in the classified service for less than 2 years immediately prior to March 30, 1953, shall also be continued in their respective positions, but within 1 year after March 30, 1953, they shall pass a qualifying examination prescribed by the [director,] chief, unless otherwise provided in this chapter. Those employees who shall have failed to qualify, as provided herein, shall be dismissed from their positions within 30 days after establishment of an eligible list for their respective positions.

      3.  Nothing in this section shall preclude the reclassification or reallocation as provided by this chapter of any position held by any such incumbent.

      4.  The provisions of this section shall apply to any employee holding a position in the classified service and who is separated therefrom in accordance with the provisions for leave of absence set forth in this chapter.

      Sec. 54.  NRS 284.285 is hereby amended to read as follows:

      284.285  Each appointing authority shall report to the [director] chief forthwith in writing upon any appointment or employment in the public service, which report shall contain:

      1.  The name of the appointee or employee.

      2.  The title and character of his office or employment.

      3.  The date of commencement of service.

      4.  The salary or compensation.

      Sec. 55.  NRS 284.290 is hereby amended to read as follows:

      284.290  1.  All original competitive appointments to and promotions within the classified service shall be for a fixed probationary period of 6 months, except that a longer period not exceeding 1 year may be established for classes of positions in which the nature of the work requires a longer period for proper evaluation of performance.

      2.  Dismissals or demotions may be made at any time during the probationary period in accordance with rules and regulations established by the [director.] chief.

      3.  Prior to the end of the probationary period and in accordance with rules and regulations established by the [director,] chief, the appointing authority shall notify the [director] chief in writing whether or not the probationer is a satisfactory employee and should receive the status of a permanent appointee.

      Sec. 56.  NRS 284.295 is hereby amended to read as follows:

      284.295  1.  Vacancies in positions shall be filled, so far as practicable, by promotion within a department or agency from among persons holding positions in the classified service. Promotions shall be based upon merit and fitness, to be ascertained in accordance with rules and regulations established by the [director;] chief; and in such rules and regulations the employee’s efficiency, character, conduct and length of service shall all constitute factors.


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

ê1963 Statutes of Nevada, Page 1046 (Chapter 404, SB 103)ê

 

rules and regulations established by the [director;] chief; and in such rules and regulations the employee’s efficiency, character, conduct and length of service shall all constitute factors.

      2.  Eligibility for promotion shall be determined on recommendation of the appointing authority an certification by the [director] chief that the employee meets the minimum requirements and demonstrates his qualifications in accordance with rules and regulations established by the [director.] chief.

      3.  The [director] chief may provide, in specific cases, for competitive promotional examinations among employees of departments other than that in which a particular vacancy in a higher classification may exist.

      4.  An advancement in rank or grade or an increase in salary beyond the maximum fixed for the class shall constitute a promotion.

      Sec. 57.  NRS 284.310 is hereby amended to read as follows:

      284.310  1.  Whenever there are urgent reasons for filling a vacancy in any position in the classified service and the [director] chief is unable to certify from any appropriate eligible list for the vacancy, the [director] chief may issue a provisional permit or certify a suitable person to fill such vacancy provisionally only until a selection and appointment can be made after competitive examination.

      2.  No person shall receive more than one provisional appointment or serve more than 6 months in any 12-month period as a provisional appointee.

      3.  A provisional appointee must meet the minimum qualifications established for the class of positions involved.

      Sec. 58.  NRS 284.320 is hereby amended to read as follows:

      284.320  1.  In case of a vacancy in a position where peculiar and exceptional qualifications of a scientific, professional or expert character are required, and upon satisfactory evidence that for specific reasons competition in such special cases is impracticable, and that the position can best be filled by the selection of some designated person of high and recognized attainments in such qualities, the [director] chief may suspend the requirements of competition.

      2.  No suspension shall be general in its application to such position, and all such cases of suspension and the justifying circumstances shall be reported in the biennial report of the [department] personnel division with reasons for the same.

      Sec. 59.  NRS 284.325 is hereby amended to read as follows:

      284.325  1.  Where the services to be rendered by an appointee are for a temporary period not to exceed 6 months and a proper list of eligible persons is not available, the [director] chief shall certify for such temporary service any person he deems qualified.

      2.  Temporary positions which occur, terminate or recur periodically shall be filled by certification in accordance with rules and regulations established by the [director.] chief.

      3.  The acceptance or refusal by an eligible person of a temporary appointment shall not affect his standing on the register for permanent employment, nor shall the period of temporary service be counted as part of the probationary period in case of subsequent appointment to a permanent position.


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

ê1963 Statutes of Nevada, Page 1047 (Chapter 404, SB 103)ê

 

as part of the probationary period in case of subsequent appointment to a permanent position.

      4.  Successive temporary appointments to the same position shall not be made under this section.

      Sec. 60.  NRS 284.335 is hereby amended to read as follows:

      284.335  1.  The appointing authorities and other supervising officials of the various state departments, agencies and institutions, after consultation with the [director,] chief, shall establish standards of work performance for each class of positions.

      2.  The [director] chief shall:

      (a) Maintain service records of performance efficiency, character and conduct by a system of service ratings based upon such standards.

      (b) Establish rules and regulations with respect to such service ratings, and prescribe the extent to which such service ratings shall be considered in determining the advisability of transfers, the promotion of an employee to a higher class, the question of demotion or dismissal of any employee, increases and decreases in salary of an employee within the salary range established under this chapter, and in all other decisions relating to the status of employees.

      3.  The [director] chief may, by rule and regulation, further prescribe the extent to which such ratings, and the reports upon which they are based, shall be open to inspection.

      Sec. 61.  NRS 284.340 is hereby amended to read as follows:

      284.340  Each appointing authority shall report to the [director,] chief, in writing, the efficiency of his subordinates and employees, and other information, in such manner as the [director] chief may prescribe by rule and regulation.

      Sec. 62.  NRS 284.345 is hereby amended to read as follows:

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

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

      Sec. 63.  NRS 284.350 is hereby amended to read as follows:

      284.350  1.  Except as provided in subsection 2, all employees in the public service, whether in the classified or unclassified service, shall be entitled to annual leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year not to exceed 30 working days.


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

ê1963 Statutes of Nevada, Page 1048 (Chapter 404, SB 103)ê

 

the public service, whether in the classified or unclassified service, shall be entitled to annual leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year not to exceed 30 working days. Any annual leave in excess of 30 working days shall be used prior to January 1 of the year following the year in which the annual leave in excess of 30 working days is accumulated or the amount of annual leave in excess of 30 working days shall be forfeited on such date. The [state department of] personnel division may by regulation provide for additional annual leave for long-term employees, and for prorated annual leave for part-time employees.

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

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

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

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

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

      Sec. 64.  NRS 284.355 is hereby amended to read as follows:

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

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

      Sec. 65.  NRS 284.365 is hereby amended to read as follows:

      284.365  A permanent or probationary employee who performs active military service under the provisions of any national military service or training act, or who voluntarily serves in the Armed Forces of the United States in time of war, or in such types of service as the [director] chief by rule and regulation may prescribe, shall, upon application, be entitled to leave of absence without pay for the period of such service plus a period not to exceed 90 days. If within such period he applies for reinstatement, he shall be reinstated to his former class of position, or to a class of position having like seniority, status and pay, or, if such positions have been abolished, to the nearest approximation thereof consistent with the circumstances.


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

ê1963 Statutes of Nevada, Page 1049 (Chapter 404, SB 103)ê

 

period he applies for reinstatement, he shall be reinstated to his former class of position, or to a class of position having like seniority, status and pay, or, if such positions have been abolished, to the nearest approximation thereof consistent with the circumstances.

      Sec. 66.  NRS 284.375 is hereby amended to read as follows:

      284.375  1.  In accordance with rules and regulations established by the [director,] chief, transfers in the classified service may be made from a position in one grade or class to a position in another grade or class when the duties and compensation are similar and when such action is specifically approved by the [director.] chief.

      2.  Each appointing authority shall report to the [director] chief in writing, from time to time, upon the date of the official action in, or knowledge of, any transfer of a person in the public service.

      Sec. 67.  NRS 284.380 is hereby amended to read as follows:

      284.380  1.  In accordance with rules and regulations, an appointing authority may lay off an employee in the classified service whenever he deems it necessary by reason of shortage of work or funds or of the abolition of a position or of other material changes in duties or organization.

      2.  Among other factors, an appointing authority shall consider, in the manner provided by rule, the status, seniority and service rating of employees in determining the order of layoffs.

      3.  Within a reasonable time before the effective date of a proposed layoff, the appointing authority shall give written notice thereof to the [director. The director] chief. The chief shall make such orders relating thereto as he considers necessary to secure compliance with the rules.

      4.  The name of every regular employee so laid off shall be placed on an appropriate reemployment list.

      Sec. 68.  NRS 284.385 is hereby amended to read as follows:

      284.385  1.  An appointing authority may:

      (a) Dismiss or demote any permanent classified employee when he considers that the good of the public service will be served thereby.

      (b) Suspend without pay, for disciplinary purposes, a permanent employee for a period not to exceed 30 days.

      2.  In case of a dismissal or suspension, the [director] chief shall be furnished with a statement in writing specifically setting forth the reasons for such dismissal or suspension. A copy of the statement shall be furnished to the employee.

      3.  No employee in the classified service shall be dismissed for religious or racial reasons.

      Sec. 69.  NRS 284.400 is hereby amended to read as follows:

      284.400  Each appointing authority shall report to the [director] chief in writing from time to time upon the date of the official action in, or knowledge of, any separation of a person from the public or any reduction, suspension, reinstatement or other change therein.

      Sec. 70.  NRS 284.405 is hereby amended to read as follows:

      284.405  Upon request of the [director,] chief, the officers having control of public buildings in political subdivisions and in school dis tricts shall furnish convenient and reasonable space and necessary furniture, heat and light for the holding of hearings and investigations authorized by this chapter.


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

ê1963 Statutes of Nevada, Page 1050 (Chapter 404, SB 103)ê

 

tricts shall furnish convenient and reasonable space and necessary furniture, heat and light for the holding of hearings and investigations authorized by this chapter.

      Sec. 71.  NRS 284.420 is hereby amended to read as follows:

      284.420  No employee of the [department,] personnel division, examiner, or other person shall defeat, deceive or obstruct any person in his right to examination, eligibility, certification or appointment under this chapter, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service.

      Sec. 72.  NRS 331.010 is hereby amended to read as follows:

      331.010  The following words shall have the following meaning within the purview of this chapter and shall be so construed:

      1.  [“Department” means the state department of buildings and grounds.] “Buildings and grounds division” means the buildings and grounds division of the department of administration.

      2.  “Director” means the director of the department of administration.

      3.  “Superintendent” means the [superintendent of the state department of buildings and grounds.] chief of the buildings and grounds division of the department of administration.

      Sec. 73.  NRS 331.020 is hereby amended to read as follows:

      331.020  [There is hereby created a state department of buildings and grounds, consisting of a superintendent and such other employees as provided for in this chapter.] The buildings and grounds division shall administer the provisions of this chapter subject to administrative supervision by the director.

      Sec. 74.  NRS 331.030 is hereby amended to read as follows:

      331.030  [1.]  The superintendent shall [be appointed by and be responsible to the governor. He shall hold office for a term of 4 years corresponding to the term of the governor, unless sooner removed for cause.

      2.  He shall receive an annual salary of $9,360.

      3.  He shall] devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.

      Sec. 75.  NRS 331.050 is hereby amended to read as follows:

      331.050  The superintendent shall submit a biennial report to the [governor in the same manner provided by law.] director.

      Sec. 76.  NRS 333.020 is hereby amended to read as follows:

      333.020  The following words shall have the following meaning within the purview of this chapter, and shall be construed:

      1.  “Chief” means the chief of the purchasing division of the department of administration.

      2.  “Director” means the director of the [state] department of [purchasing.

      2.]administration.

      3.  “Purchasing division” means the purchasing division of the department of administration.

      4.  “Using agencies” means any and all state officers, departments, institutions, boards, commissions and other agencies which derive their support from public funds in whole or in part, whether the same may be funds provided by the State of Nevada, funds received from the Federal Government or any branch, bureau or agency thereof, or funds derived from private or other sources, excepting counties, municipalities, irrigation districts and school districts.


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

ê1963 Statutes of Nevada, Page 1051 (Chapter 404, SB 103)ê

 

be funds provided by the State of Nevada, funds received from the Federal Government or any branch, bureau or agency thereof, or funds derived from private or other sources, excepting counties, municipalities, irrigation districts and school districts.

      [3.]5.  “Volunteer fire department” means a volunteer fire department which pays industrial insurance premiums pursuant to the provisions of chapter 616 of NRS.

      Sec. 77.  NRS 333.030 is hereby amended to read as follows:

      333.030  [There is hereby created the state department of purchasing, in which shall be vested the administration of the provisions of this chapter.] The purchasing division of the department of administration shall administer the provisions of this chapter, subject to administrative supervision of the director.

      Sec. 78.  NRS 333.060 is hereby amended to read as follows:

      333.060  The [director] chief shall have:

      1.  A working knowledge of purchasing methods and procedures, including the techniques of specification writing.

      2.  The ability to obtain and interpret market prices and trends, and to apply such interpretations to procurement problems.

      3.  A minimum of 12 years of practical experience in purchasing, merchandising, stock control and methods and inventory management.

      Sec. 79.  NRS 333.070 is hereby amended to read as follows:

      333.070  The [director] chief shall:

      1.  [Receive an annual salary which shall be fixed in accordance with the pay plan adopted under the provisions of chapter 284 of NRS.

      2.]  Receive the per diem expense allowance and travel expenses as fixed by law.

      [3.]2.  Devote his entire time to the duties of his office, and he shall follow no other gainful employment or occupation.

      Sec. 80.  NRS 333.080 is hereby amended to read as follows:

      333.080  The [director] chief shall execute a surety bond, payable to the state, in the sum of $20,000, conditioned for the faithful performance of all duties which may be required of him by law.

      Sec. 81.  NRS 333.090 is hereby amended to read as follows:

      333.090  The [director] chief shall make to the [governor and the legislature:] director:

      1.  A biennial report regarding the work of the [state department of purchasing.] purchasing division.

      2.  Such special reports as he may consider desirable.

      Sec. 82.  NRS 333.100 is hereby amended to read as follows:

      333.100  1.  The [director] chief shall have such technical and clerical assistance as the execution of his duties requires.

      2.  Technical assistants shall have a minimum of 6 years of practical experience in purchasing, merchandising, stock control and methods of inventory management.

      Sec. 83.  NRS 333.110 is hereby amended to read as follows:

      333.110  Suitable office space shall be furnished to the [state department of] purchasing division for the performance of the duties provided in this chapter.

      Sec. 84.  NRS 333.120 is hereby amended to read as follows:


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

ê1963 Statutes of Nevada, Page 1052 (Chapter 404, SB 103)ê

 

      333.120  1.  A revolving fund in the sum of $500,000 is hereby created for:

      (a) The use of the [director] chief in purchasing supplies, materials and equipment; and

      (b) The payment of necessary expenses incurred in carrying out the provisions of this chapter.

      2.  When any purchase or service is for the use of two or more using agencies, the payment shall be made from the revolving fund in the manner provided by law upon presentation of a verified claim approved by the [director.] chief.

      Sec. 85.  NRS 333.130 is hereby amended to read as follows:

      333.130  The [director,] chief, as executive head of the [state department of purchasing,] purchasing division, shall direct and supervise all its administrative and technical activities.

      Sec. 86.  NRS 333.140 is hereby amended to read as follows:

      333.140  The [director,] chief, in all his purchasing and property control activities, shall pursue a policy of securing the greatest possible economy consistent with grades or qualities of supplies and services that are adapted to the purposes to be served.

      Sec. 87.  NRS 333.150 is hereby amended to read as follows:

      333.150  The [director] chief shall be required to purchase or contract for all supplies, materials and equipment needed by any and all using agencies, unless otherwise provided by law.

      Sec. 88.  NRS 333.160 is hereby amended to read as follows:

      333.160  1.  The [director] chief shall have authority to decide whether and to what extent the needs of any using agency shall be supplied:

      (a) From stores of commodities on hand;

      (b) By transfer of surplus items or stocks from other using agencies;

      (c) By deliveries under contracts;

      (d) By open market purchases through the [director;] chief; or

      (e) Directly by the using agencies;

but he shall have thorough discussions on such matters with authorized representatives of each using agency.

      2.  To the extent practicable, service, price and quality being considered, all purchases shall be made of vendors whose principal places of business are within the state.

      Sec. 89.  NRS 333.170 is hereby amended to read as follows:

      333.170  When office supplies, materials, equipment or any commodity needed by a using agency cannot be purchased from vendors whose principal places of business are within the state, the [director,] chief, or his authorized representatives, shall have the authority to travel to and procure upon open markets.

      Sec. 90.  NRS 333.180 is hereby amended to read as follows:

      333.180  1.  The [director] chief shall collect, classify and keep on file accurate information concerning the sources, grades, qualities and costs of the various kinds of supplies, materials and equipment required by the state, together with the names and addresses of the persons or firms from whom commodities of the various classes may be procured. The record of sources of commodities shall be maintained on forms, which shall be filed in alphabetical order by names of commodities.


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

ê1963 Statutes of Nevada, Page 1053 (Chapter 404, SB 103)ê

 

of commodities. On the face of each form the name of the commodity and a brief description of it shall be recorded, and on the reverse side a list of the dealer from whom the commodity may be purchased shall be recorded.

      2.  A record of dealer shall be maintained on forms, which shall be filed by the names of the dealers in alphabetical order. On each form the name and address of each dealer and a condensed description of the principal kinds of commodities in which he deals shall be recorded, with notations as to the financial responsibility of each dealer, his delivery facilities, records of past dealings, if any, and other references which may assist the [director] chief requesting quotations and awarding orders.

      3.  The records shall be revised and supplemental from time to time.

      Sec. 91.  NRS 333.190 is hereby amended to read as follows:

      333.190  The [director] chief shall provide for inspection of all commodities purchased and for rejection of any not in conformity with specifications. Receiving reports shall be submitted by using agencies in certification of the receipt of commodities showing the quantity delivered. No claim for payment for commodities shall be passed for payment without certification.

      Sec. 92.  NRS 333.200 is hereby amended to read as follows:

      333.200  1.  The [director] chief shall cause to be maintained perpetual inventory records of all supplies and materials stored centrally or by the using agencies.

      2.  The [director] chief shall:

      (a) Control the stocks of supplies and materials on hand, the storing and issuance of supplies and materials, and the distributing of the costs of supplies and materials used.

      (b) Produce information, as and when required, respecting quantities on hand, quantities purchased over a specified period, quantities used over a specified period by each using agency, quantities supplied by vendors specified for specified periods, unit prices, average prices, and experience with the vendors supplying the different classes of supplies.

      (c) Price supplies and materials when purchased and when charged out of stock as used.

      (d) Transfer surplus supplies and materials to points where they can be used advantageously.

      (e) Direct and make test checks of physical inventories.

      (f) Supervised the taking of annual inventories.

      (g) Instruct storekeepers in the prescribed procedures for controlling stored materials.

      3.  The stores records shall be so maintained as to show:

      (a) The quantity of each commodity on hand.

      (b) The average unit cost, including transportation charges.

      (c) The total cost of the supply on hand.

      (d) The minimum quantity that should be kept in stock.

      (e) The maximum quantity that should be kept in stock at any one time.

      4.  After all records of previous quantities used by using agencies are compiled, a model stock system shall be set up to control inventories that are on hand and on order.


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

ê1963 Statutes of Nevada, Page 1054 (Chapter 404, SB 103)ê

 

are compiled, a model stock system shall be set up to control inventories that are on hand and on order. Inventory controlling accounts, limited to recording the costs of supplies purchased, the costs of supplies issued and used, and the value of the stock on hand, shall be maintained. However, such inventories of the department of highways and the superintendent of state printing shall be maintained by the department of highways and the superintendent of state printing, in accordance with the uniform rules and regulations as provided in this chapter and as may be hereafter promulgated by the [director.] chief.

      Sec. 93.  NRS 333.210 is hereby amended to read as follows:

      333.210  1.  Supplies, materials and equipment purchased for the various using agencies shall be reduced to the practicable minimum of types, styles and sizes. The [director] chief shall be responsible for developing and executing a progressive program of establishing standards. The [director] chief may call upon any department or officer having technical facilities available, for assistance in the formulation of such standards.

      2.  Standard specifications shall be developed and adopted after consultation with the heads of the various using agencies, who shall assist in formulating such specifications. Such specifications shall be sufficiently complete and precise:

      (a) To insure that all vendors bid on the same basis.

      (b) To make effective testing and inspection possible.

      (c) To attract the maximum competition practicable with due consideration of suitability of products.

      (d) To describe the methods of testing or inspection.

A specification file containing all approved specifications shall be maintained by the [director.] chief.

      3.  In the purchasing of schoolbooks, the [director] chief or his authorized agent shall consult with the superintendent of public instruction and the state textbook commission for the purpose of determining the extent to which this requirement can be met.

      Sec. 94.  NRS 333.220 is hereby amended to read as follows:

      333.220  1.  The [director] chief shall:

      (a) Provide for classification of the fixed properties and movable equipment of the state in the possession of the using agencies.

      (b) Establish or cause to be established an adequate identification scheme for all such property and equipment.

      (c) Cause adequate records of such equipment and property to be maintained.

      2.  The [director] chief shall have authority to transfer tools, implements, machinery or other equipment in the possession of any using agency, when such equipment is not necessary for the use of such agency, to such other agency or agencies as may have need therefor.

      3.  The records of property and equipment of the state shall be maintained at all times to show the officers entrusted with the custody thereof and transfers of property between such officers.

      4.  The rules of the [director] chief shall prescribe the procedure by which supplies, materials and equipment may be condemned and disposed of, by sale or otherwise, when of no further use to the state.


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

ê1963 Statutes of Nevada, Page 1055 (Chapter 404, SB 103)ê

 

disposed of, by sale or otherwise, when of no further use to the state. Such rules shall provide that no such property shall be sold otherwise than to the highest bidder after every effort has been made to secure at least three competitive bids and that no condemned property of an appraised value over $500 shall be sold except through notice published in a newspaper circulated in the area in which the sale is made.

      Sec. 95.  NRS 333.230 is hereby amended to read as follows:

      333.230  The [director] chief may maintain and operate central supply services at any center, including a central warehouse or storeroom service.

      Sec. 96.  NRS 333.250 is hereby amended to read as follows:

      333.250  1.  The [director] chief shall classify for purchasing purposes all commodities for which there is sufficient demand to justify periodic purchasing in anticipation of needs. Commodities of the same nature, ordinarily secured from the same sources of supply and which can advantageously be scheduled for purchase at the same time of year, according to favorable market conditions, shall be included in the same class.

      2.  The rules shall provide, so far as practicable, for the scheduling of purchases, by commodity classes, so as to distribute the volume of purchasing work as evenly as may be over the entire year and so as best to meet the requirements of the several spending agencies of the state, while taking advantage of favorable market conditions and avoiding unnecessary tying up of funds.

      3.  Copies of schedules of purchases to be made shall be supplied to the several using agencies and to interested vendors.

      Sec. 97.  NRS 333.260 is hereby amended to read as follows:

      333.260  1.  The [director] chief shall determine the requirements of supplies and materials of the using agencies according to records of past experience, and according to estimates of anticipated requirements furnished by the various using agencies. The [director] chief shall set up and maintain current cumulative purchase records of all materials and supplies purchased for the using agencies.

      2.  Prior to the scheduled date for purchasing any class of commodities, the [director] chief shall distribute forms for estimates of requirements among all the using agencies using the commodities included in that class. A separate set of estimates shall be used for each major class of commodities, and before the estimate forms are distributed among the using agencies, the names, the specifications and the units of measures of the commodities and the quantities consumed by the several agencies during the past period shall be listed on the forms.

      3.  Upon receipt of the estimate forms, the head of such using agency shall make his best estimate of his anticipated requirements for each commodity listed on each estimate form for the period specified. In so doing he shall be guided by the statement of quantities consumed in the past periods and his knowledge of the requirements for his program of work for the ensuing period. In arriving at the estimate of requirements, quantities in stock shall not be deducted from the actual quantities estimated to be needed.


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

ê1963 Statutes of Nevada, Page 1056 (Chapter 404, SB 103)ê

 

      4.  Using agencies requiring information such as prices, specifications, and the procurement of any supplies, materials and equipment for present or future needs shall obtain this information through the [director.] chief.

      Sec. 98.  NRS 333.270 is hereby amended to read as follows:

      333.270  Upon receipt of the estimates of requirements from the using agencies, the [director] chief shall cause them to be summarized by classes for all agencies. He shall then, with the consideration of the quantity of each commodity in stock, market conditions and probable future market conditions, determine or cause to be determined the quantity of each commodity to be purchases.

      Sec. 99.  NRS 333.280 is hereby amended to read as follows:

      333.280  The [director] chief shall have power to let contracts by advertising therefor in the manner provided for by law, for the furnishing of supplies, materials and equipment for a period of not more than 1 year, on a standard form of contract.

      Sec. 100.  NRS 333.290 is hereby amended to read as follows:

      333.290  1.  Every advertisement for bids covering any class of materials or supplies that any charitable, reformatory or penal institution of the state is prepared to supply, in whole or in part, through the labor of inmates, shall carry a statement that the [director] chief reserves the right to secure such materials or supplies from any such institution or institutions, to the extent that they can be secured of equal quality and at prices not higher than those of the lowest acceptable bid received in response to such advertisement.

      2.  All institutions’ products meeting these conditions shall be utilized to the extent available, before orders are placed under contracts or otherwise.

      Sec. 101.  NRS 333.300 is hereby amended to read as follows:

      333.300  1.  The [director] chief shall give reasonable notice, by advertising and by written notice mailed to persons, firms or corporations in a position to furnish the classes of commodities involved, as shown by its records, of all proposed purchases of supplies, materials and equipment to be purchased in accordance with a schedule prepared in conformity with the provisions of NRS 333.140.

      2.  All such materials, supplies and equipment, except as otherwise provided in this section, when the estimated cost thereof shall exceed $500, shall be purchased by formal contract from the lowest responsible bidder, after due notice inviting the submission of sealed proposals to the [director of the state department of purchasing] chief of the purchasing division at his office in Carson City, Nevada, until a date and hour as set forth in the proposal form, and at such date and hour the proposals shall be publicly opened. The [department] purchasing division may reject any or all proposals, or may accept the proposal determined best for the interest of the state. Such notice shall be published as outlined in NRS 333.310.

      3.  In case of emergencies due to acts of God or the national defense or other unforeseeable circumstances, the provisions for advertisements on competitive bids may be waived by the [director;] chief; but every effort should be made to secure the maximum competitive bidding under the circumstances, and in no case shall contracts be awarded until every possible effort has been made to secure at least three bona fide competitive bids.


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

ê1963 Statutes of Nevada, Page 1057 (Chapter 404, SB 103)ê

 

bidding under the circumstances, and in no case shall contracts be awarded until every possible effort has been made to secure at least three bona fide competitive bids. In awarding contracts for the purchase of supplies, materials and equipment, whenever two or more lowest bids are identical, the [director] chief shall give preference to proposals from firms operating with a place of business in Nevada which have paid state and county taxes in Nevada. In the purchase of equipment, consideration shall also be given to those firms which maintain an adequate supply of parts for such equipment in Nevada.

      Sec. 102.  NRS 333.310 is hereby amended to read as follows:

      333.310  1.  The advertisements shall contain general descriptions of the classes of commodities for which bids are wanted and shall state:

      (a) The names and locations of the departments or institutions for which the purchases are to be made.

      (b) Where and how specifications and quotation forms may be obtained.

      (c) The date and time not later than which bids must be filed.

      (d) The date and time when bids will be opened.

The [director] chief or his designated agent shall pass upon the copy for the advertisement.

      2.  Each such advertisement shall be published in one or more newspapers of general circulation in the state. The selection of the newspapers to carry such advertising shall be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation; except that whenever such advertising relates to any supplies, materials or equipment to be obtained at the request of any county, municipality, irrigation district or school district, such advertising must be published in the county or counties in which such requesting agency is located, or, in lieu thereof, a true copy of such advertisement, certified to by the [director,] chief, shall be forthwith filed with the county auditor of such county or counties.

      Sec. 103.  NRS 333.330 is hereby amended to read as follows:

      333.330  1.  All bids on more than one item on which bids are called for by the same notice shall be itemized and give a price for each item.

      2.  All bids shall:

      (a) Be in writing.

      (b) Be sealed.

      (c) Be opened and read publicly by the [director] chief or his designated agent as they are opened.

      Sec. 104.  NRS 333.350 is hereby amended to read as follows:

      333.350  1.  Contracts may be awarded for separate items or portions or groups of items as the best interest of the state may require.

      2.  If in the judgment of the [director] chief no satisfactory bid has been received in any case, he may reject all bids and forthwith shall advertise for new bids as provided in this chapter, and, until a satisfactory contract is awarded, he may make such open market purchases of the commodities involved as urgently may be needed to meet the requirements until satisfactory bids may be received.


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

ê1963 Statutes of Nevada, Page 1058 (Chapter 404, SB 103)ê

 

      3.  Each bid, with the name of the bidder, shall be entered on a bid record and each record, with the successful bidder indicated thereon, shall, after the award of the order or the letting of the contract, be open to public inspection.

      Sec. 105.  NRS 333.360 is hereby amended to read as follows:

      333.360  A bond furnished by a surety company authorized to do business in this state may be required by the [director] chief for the proper performance of the contract. The [director] chief may request a certified check, cash or bond of 5 percent of the total amount of the bid submitted, provided such request shall apply to each bidder.

      Sec. 106.  NRS 333.370 is hereby amended to read as follows:

      333.370  1.  Any unsuccessful bidder may file a notice of appeal at the time of the award by posting bond with good and solvent surety in an amount equal to 25 percent of the average bid submitted, and thereafter with 10 days from the opening of the bids may appeal to the [director,] chief, who may cancel the award for lack of compliance with the provisions of this chapter. Any such cancellation shall necessitate readvertising for bids and a new award under the provisions of this chapter.

      2.  Any notice of appeal under the provisions of this section shall operate as a stay of action in relation to entering into any contract under such award until the expiration of 10 days and, if the appeal is taken, pending decision thereon.

      3.  The [director] chief may make such open market purchases of the commodities as urgently may be needed to meet the requirements until a determination is made of the appeal.

      Sec. 107.  NRS 333.380 is hereby amended to read as follows:

      333.380  Rules of the [director] chief shall provide the procedure for:

      1.  The purchase of commodities not scheduled under this chapter.

      2.  Emergency purchases, defining emergencies and stating the conditions under which emergency purchases may be made.

      3.  Purchases financed by revolving fund appropriations.

      Sec. 108.  NRS 333.390 is hereby amended to read as follows:

      333.390  1.  The [director] chief may authorize local purchasing by using agencies, in accordance with the rules and specifications, of individual orders for items not scheduled for quantity purchasing, not to exceed $500 for each order, at no higher prices than he may specify in the orders authorizing such local purchasing. Such local purchasing may be so authorized as in the cases of perishable articles and to meet other emergency requirements.

      2.  The prices on such local purchases shall be based on considerations of equal service and economy as compared with those in furnishing the same items of equal quality through the regular purchasing procedure.

      3.  Each such authorization shall:

      (a) Be revocable.

      (b) Be issued for an aggregate amount not in excess of $1,000.

      (c) Specify the articles to be purchased.


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

ê1963 Statutes of Nevada, Page 1059 (Chapter 404, SB 103)ê

 

      (d) Be operative for a period not exceeding 3 months from the date of issue.

      4.  Using agencies receiving such orders shall report each month in writing to the [director] chief their accounts and expenditures under such authorization, accompanied with proper evidence that competition has been secured to the extent practicable.

      Sec. 109.  NRS 333.400 is hereby amended to read as follows:

      333.400  1.  Every effort shall be made to obtain quotations from three or more vendors when commodities are to be purchased out of schedule, except when standard equipment parts for which prices are established must be obtained from the manufacturer of the equipment or his agent or when the article needed is a patented or proprietary one and therefore obtainable from only one source of supply.

      2.  Urgent requests for immediate purchasing shall be discouraged as much as is practicable.

      3.  When supplies, materials and equipment urgently are required and time does not permit the obtaining of written quotations, the [director] chief may obtain quotations by telephone or otherwise, but such quotations shall be confirmed in writing, and records of all quotations so obtained shall be made on the relative purchase requisitions.

      Sec. 110.  NRS 333.420 is hereby amended to read as follows:

      333.420  Every person, firm or corporation making or causing to be made any delivery of supplies, materials or equipment to any using agency of the state pursuant to any contract or order, whether oral or written, and whether made by the [director] chief or by any other officer or agency of the state promptly shall:

      1.  Transmit to the agency to which such delivery is made a memorandum of shipment, showing the number of, or other identifying reference to, the contract or order number under which the delivery is made and containing a statement of the commodities shipped and the quantities thereof.

      2.  Submit an invoice to the [director] chief on the form and in the number of copies prescribed by the [director] chief or under his authority.

      Sec. 111.  NRS 333.430 is hereby amended to read as follows:

      333.430  Two or more departments may unite in cooperative work along lines germane to the functions of such departments and otherwise secure from each other supplies; and the heads thereof may agree among themselves on the distribution of the expense to be incurred, subject to the approval of the [director] chief or his designated agent.

      Sec. 112.  (There is no section of this number.)

      Sec. 113.  NRS 333.450 is hereby amended to read as follows:

      333.450  1.  All claims for supplies, materials and equipment purchases pursuant to the provisions of this chapter and the necessary expenses and administrative and handling charges attached thereto shall, when approved by the [director,] chief, be audited and paid out of the respective appropriations or funds of the state officers, departments, institutions, boards, commissions or agencies, or agencies receiving federal funds, for which the purchases were made and expenses and administrative and handling charges incurred, in the same manner as other claims against the state are required to be audited and paid.


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

ê1963 Statutes of Nevada, Page 1060 (Chapter 404, SB 103)ê

 

and administrative and handling charges incurred, in the same manner as other claims against the state are required to be audited and paid.

      2.  The amount of administrative and handling charges shall be determined by the [director] chief in each case, but shall not exceed a uniform percentage basis charge between departments or using agencies; and the total amount of the administrative and handling charges shall not exceed the total savings effected by reason of the purchase through the [state department of purchasing.] purchasing division.

      Sec. 114.  NRS 333.460 is hereby amended to read as follows:

      333.460  Upon the receipt of such supplies, materials and equipment, or expense from the revolving fund, each state officer, department, institution, board, commission or agency concerned shall prepare a voucher payable to the [state department of] purchasing division for the share of such expenditure chargeable to each state officer, department, institution, board, commission or agency. The state controller shall issue his warrant in payment thereof in favor of the [state department of purchasing,] purchasing division, and such warrant shall be deposited by the [director] chief in the state treasury to the credit of the revolving fund provided for in NRS 333.120.

      Sec. 115.  NRS 333.462 is hereby amended to read as follows:

      333.462  Whenever the department of highways declares any tools, implements, machinery or other equipment in its possession to be surplus or not necessary for the use of such department, or requests that any such tools, implements, machinery or other equipment be replaced, and if such tools, implements, machinery or other equipment are not transferred to another agency in accordance with subsection 2 of NRS 333.220, the [director] chief shall, notwithstanding the provisions of subsection 4 of NRS 333.220, offer the same for sale to the various counties, incorporated cities and volunteer fire departments in this state in accordance with the provisions of NRS 333.463 to 333.468, inclusive.

      Sec. 116.  NRS 333.463 is hereby amended to read as follows:

      333.463  1.  Whenever any tools, implements, machinery or other equipment become available for purchase by counties or cities as provided in NRS 333.462, the [director] chief shall give written notice thereof to the board of county commissioners of each county, the chief executive officer of each incorporated city in the state and each volunteer fire department in the state.

      2.  The notice shall contain:

      (a) A description of the specific items or lots of items available for purchase, including the make, model, type, age and serial number or other identification of machinery or equipment;

      (b) A statement of the time and place where such items will be available for inspection;

      (c) A statement of the place where such items will be delivered to the purchaser;

      (d) A statement of the time and place at which sealed bids for the purchase of such items or lots of items will be accepted and the time and place such bids will be opened; and


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

ê1963 Statutes of Nevada, Page 1061 (Chapter 404, SB 103)ê

 

      (e) Such other information as the [director] chief may deem appropriate.

      Sec. 117.  NRS 333.464 is hereby amended to read as follows:

      333.464  1.  No bid for any item or lot of items shall be accepted by the [director] chief unless the amount of such bid exceeds the value at which such item or lot of items was carried on the books of the department of highways on the date the same became available for sale pursuant to NRS 333.462.

      2.  No bid shall be accepted by the [director] chief unless it provides for payment of the entire purchase price in cash immediately upon transfer of ownership to the purchaser.

      Sec. 118.  NRS 333.466 is hereby amended to read as follows:

      333.466  1.  Upon the opening of bids, the [director] chief shall accept the accept the highest bid for each item or lot of items submitted by any county which conforms to the requirements of NRS 333.464.

      2.  If no bid conforming to the requirements of NRS 333.464 is received from any county, the [director] chief shall accept the highest conforming bid for each item or lot of items submitted by any incorporated city.

      3.  If no bid conforming to the requirements of NRS 333.464 is received from any incorporated city, the [director] chief shall accept the highest conforming bid for each item or lot of items submitted by any volunteer fire department.

      4.  If no bid conforming to the requirements of NRS 333.464 is received, the [director] chief may dispose of any such item or lot of items in such other manner as is authorized by law.

      Sec. 119.  NRS 333.467 is hereby amended to read as follows:

      333.467  1.  Upon the acceptance of any bid, the [director] chief shall notify the department of highways of the acceptance of the bid and certify to:

      (a) A description of each item or lot of items sold to the purchaser;

      (b) The name of the purchasers; and

      (c) The sales price of each item or lot of items so sold.

      2.  Upon receipt of such certificate and payment of the sales price specified therein, the department of highways shall transfer title to the property to the purchaser.

      Sec. 120.  NRS 333.470 is hereby amended to read as follows:

      333.470  1.  Counties, municipalities, irrigation districts and school districts in the State of Nevada may obtain supplies, materials and equipment on a voluntary basis through the facilities of the [state department of purchasing.] purchasing division.

      2.  The [director] chief shall issue bulletins from time to time to all state, county and municipal agencies, and to all school districts in the State of Nevada, indicating the supplies, materials and equipment available and the prices thereof.

      Sec. 121.  NRS 333.480 is hereby amended to read as follows:

      333.480  1.  Except as provided in subsection 2, the [director] chief is authorized and directed to purchase or acquire on behalf of the State of Nevada, and all state officers, departments, institutions, boards, commissions, schools, volunteer fire departments and other agencies or political subdivisions of the State of Nevada, all supplies, materials and equipment of any kind and nature required or deemed advisable for such state officers, departments, institutions, boards, commissions, schools and other agencies or political subdivisions that may be available from the General Services Administration or any other governmental agency dealing in war surplus material or donable war surplus material.


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

ê1963 Statutes of Nevada, Page 1062 (Chapter 404, SB 103)ê

 

political subdivisions of the State of Nevada, all supplies, materials and equipment of any kind and nature required or deemed advisable for such state officers, departments, institutions, boards, commissions, schools and other agencies or political subdivisions that may be available from the General Services Administration or any other governmental agency dealing in war surplus material or donable war surplus material.

      2.  The provisions of subsection 1 shall not apply to the school lunch program as administered by the state board of education.

      Sec. 122.  NRS 333.490 is hereby amended to read as follows:

      333.490  1.  The [director] chief is authorized and directed to do all things necessary to secure, warehouse and distribute throughout the state federal donable surplus property to tax-supported or nonprofit schools and other health and educational institutions, to civil defense organizations, to volunteer fire departments, and to such other institutions or activities as may now be or hereafter become eligible under federal law to acquire such property. The [director] chief is authorized to make such certifications, take such action and enter into such contracts and undertakings for and in the name of the state as may be authorized or required by federal law or regulations in connection with the receipt, warehousing and distribution of federal donable surplus property received by him. He is further authorized to adopt, amend or rescind such rules and regulations, prescribe such requirements, and take such action as he may deem necessary to assure maximum utilization by and benefit to eligible institutions and organizations from such federal donable surplus property. He shall make a charge to the schools and institutions receiving donable surplus property secured through the [department,] purchasing division, such charge to be a percentage of the acquisition cost or of the fair value of the item requested sufficient to repay in portion or in entirety the transportation and other costs incurred in acquisition of the property in question.

      2.  The [director] chief is authorized to discontinue temporarily or terminate entirely such donable surplus property operation at any time when there is not sufficient flow of such property to make continued employment of personnel for this purpose beneficial to the state.

      Sec. 123.  NRS 333.495 is hereby amended to read as follows:

      333.495  1.  Any provision of law to the contrary notwithstanding, the governing board or, if there be none, the executive head of any state department or agency or any political subdivision of the state may, by order or resolution, confer upon any officer or employee thereof authority to secure the transfer to it of federal donable surplus property under this chapter and agree on behalf of the state or political subdivision to comply with the terms and conditions of such transfers.

      2.  The authority conferred upon any such officer or employee by any such order or resolution shall remain in effect unless and until the order or resolution is revoked and written notice of such revocation has been received by the [director.] chief.

      Sec. 124.  NRS 333.500 is hereby amended to read as follows:

      333.500  1.  Any purchase and any contract for the purchase of any supplies, materials or equipment, made or entered into by any state officer, department, institution, board, commission or agency contrary to the provisions of this chapter and the rules and regulations of the [director] chief promulgated pursuant thereto, shall be void; but the head of the using agency and the employee who actually made such purchase or entered into such contract shall be personally liable for the costs of any supplies, materials or equipment delivered pursuant to such purchase or contract.


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

ê1963 Statutes of Nevada, Page 1063 (Chapter 404, SB 103)ê

 

to the provisions of this chapter and the rules and regulations of the [director] chief promulgated pursuant thereto, shall be void; but the head of the using agency and the employee who actually made such purchase or entered into such contract shall be personally liable for the costs of any supplies, materials or equipment delivered pursuant to such purchase or contract.

      2.  Any contract made with any person, firm or corporation shall be void if any member, officer or employee of any using agency taking part in the making of such contract is also an officer or employee or owner of a substantial part or interest in such firm or corporation.

      Sec. 125.  NRS 336.010 is hereby amended to read as follows:

      336.010  As used in this chapter “executive officer” means the [executive officer of the state agency] chief of the division of the department of administration designated by the [governor] director of the department of administration to operate the state motor pool.

      Sec. 126.  NRS 336.040 is hereby amended to read as follows:

      336.040  The state motor pool shall be operated by [an existing state agency] a division of the department of administration to be designated by the [governor.] director of the department of administration.

      Secs. 127 to 129, inclusive.  (There are no sections of these numbers.)

      Sec. 130.  NRS 353.155 is hereby amended to read as follows:

      353.155  As used in NRS 353.150 to 353.245, inclusive, [“director” means the director of the budget.] “chief” means the chief of the budget division of the department of administration.

      Sec. 131.  NRS 353.160 is hereby amended to read as follows:

      353.160  [The position of director of the budget is hereby created.] The budget division of the department of administration shall administer the provisions of NRS 353.150 to 353.245, inclusive, subject to administrative supervision by the director of the department of administration.

      Secs. 132 and 133.  (There are no sections of these numbers.)

      Sec. 134.  NRS 353.175 is hereby amended to read as follows:

      353.175  1.  The [director] chief shall have 4 years of responsible experience and education in accounting, public budget administration, governmental research, or in a related position involving administrative or financial responsibility, or an equivalent combination of experience or training.

      2.  The [director] chief shall be selected with special reference to his training, experience, capacity and interest in the activities embraced within NRS 353.150 to 353.245, inclusive. His knowledge and abilities should include the following:

      (a) A comprehensive knowledge of the principles and practices of public budgeting and governmental accounting, and a working knowledge of statistical methods.

      (b) An extensive knowledge of the organization and operations of state departments, agencies and institutions, and of statutes and regulations governing state budgeting and accounting.

      (c) An extensive knowledge of principles of public organization and administration.

      (d) Administrative ability in the direction of staff analyses of state budgetary and other operations, and in the maintenance of effective working relationships with all state officials concerned with budget administration.


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

ê1963 Statutes of Nevada, Page 1064 (Chapter 404, SB 103)ê

 

budgetary and other operations, and in the maintenance of effective working relationships with all state officials concerned with budget administration.

      (e) The ability to organize and present clearly oral and written reports of findings and recommendations.

      Sec. 135.  NRS 353.180 is hereby amended to read as follows:

      353.180  The [director] chief shall:

      1.  Have such technical and clerical assistance as the execution of his duties requires.

      2.  Be furnished with suitable office space for the performance of the duties provided in NRS 353.150 to 353.245, inclusive.

      Sec. 136.  NRS 353.185 is hereby amended to read as follows:

      353.185  The powers and duties of the [director of the budget] chief shall be:

      1.  To appraise the quantity and quality of services rendered by each department and agency, and the needs for such services and for any new services.

      2.  To develop plans for improvements and economies in organization and operation of departments, and to install such plans as are approved by the respective heads of departments, or as are directed to be installed by the governor or the legislature.

      3.  To cooperate with the state planning board in developing comprehensive, long-range plans for capital improvements and the means for financing them.

      4.  To devise and prescribe the forms of operation reports to be required periodically from the several departments and agencies, and to require the several departments and agencies to make such reports.

      5.  To prepare the executive budget report for the governor’s approval and submission to the legislature.

      6.  To prepare a state budget for the next 2 fiscal years, which budget shall:

      (a) Present a complete financial plan for the next 2 fiscal years;

      (b) Set forth all proposed expenditures for the administration, operation and maintenance of the departments, institutions and agencies of the state government, including those operating on funds designated for specific purposes by the constitution or otherwise;

      (c) Set forth all interest and debt redemption charges during the next 2 fiscal years;

      (d) Set forth all expenditures for capital projects to be undertaken and executed during the next 2 fiscal years; and

      (e) Set forth the anticipated revenues of the state government, and any other additional means of financing the expenditures proposed for the next 2 fiscal years.

      7.  To examine and approve work programs and quarterly allotments to the several departments, and changes therein.

      8.  To examine and approve all statements and reports on the financial condition and estimated future financial condition and the operations of the state government and several budget units, before any such reports are released to the governor, to the legislature, or for publication.


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

ê1963 Statutes of Nevada, Page 1065 (Chapter 404, SB 103)ê

 

      9.  To receive and deal with all requests for information as to financial conditions and operations of the state.

      10.  To prepare such statements of unit costs and other cost statistics as may be required from time to time, or requested by the governor or the legislature.

      11.  To do and perform such other and further duties relative to the development and submission of an adequate budget for the State of Nevada as the governor may require.

      Sec. 137.  NRS 353.190 is hereby amended to read as follows:

      353.190  1.  In addition to the other duties imposed by law on the [director,] chief, he shall be ex officio clerk of the state board of examiners. He shall:

      (a) Assist the state board of examiners in the examination, classification and preparation for audit of all the claims required to be presented to the board.

      (b) Conduct an effective check and preaudit of all such claims before they are submitted to the board.

      (c) Prepare a written statement listing all claims checked and audited by him prior to the expiration of 30 days from the checking and auditing thereof, which statement shall contain:

      (1) The number of each claim.

      (2) The name of the claimant.

      (3) The nature and substance thereof.

      (4) The amount found due and owing thereon.

      He shall submit the statement, together with each individual claim listed therein, to the board.

      2.  The general rules of procedure governing the duties of the [director] chief shall be promulgated by the state board of examiners, and shall be consistent with the provisions of this section.

      3.  The [director] chief may delegate the duties herein set forth to his duly appointed and qualified deputy.

      Sec. 138.  NRS 353.195 is hereby amended to read as follows:

      353.195  1.  The [director] chief is authorized:

      (a) To examine all public accounts.

      (b) To administer an oath to and examine under oath, when he deems it necessary, any public official in relation to or concerning his books and accounts.

      2.  Each such officer shall allow the [director] chief full access to and inspection of his books or of the accounts therein contained, or any records or data pertaining to the conduct of his office, and shall install and maintain the system of accounting as provided for in NRS 353.150 to 353.245, inclusive.

      Sec. 139.  NRS 353.200 is hereby amended to read as follows:

      353.200  1.  The [director of the budget] chief shall have authority:

      1.  To investigate duplication of work of departments, institutions and agencies of the state government.

      2.  To investigate and study the organization and administration of state departments, institutions and agencies.

      3.  To formulate plans for better and more effective management.

      4.  To prepare and report to the governor or the legislature, when requested, any information, financial data or statistics which he or it may require, such as monthly or quarterly estimates of the state’s income and cost figures and information on the current operation of departments, institutions or agencies.


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

ê1963 Statutes of Nevada, Page 1066 (Chapter 404, SB 103)ê

 

requested, any information, financial data or statistics which he or it may require, such as monthly or quarterly estimates of the state’s income and cost figures and information on the current operation of departments, institutions or agencies.

      Sec. 140.  NRS 353.210 is hereby amended to read as follows:

      353.210  1.  On or before September 1 of each even-numbered year, all departments, institutions and other agencies of the state government, and all agencies receiving state funds, fees or other moneys under the authority of the state, including those operating on funds designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the [director of the budget,] chief, and submit to the [director] chief estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year.

      2.  The expenditure estimates shall be classified to set forth the data of funds, organization units, character and objects of expenditures. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the [director.] chief. If any department, institution or other agency of the state government, whether its funds be derived from state funds or from other moneys collected under the authority of the state, shall fail or neglect to submit estimates of its expenditure requirements as herein provided, the [director] chief shall have power and authority, from any data at hand in his office or which, in his discretion, he may examine or obtain elsewhere, to make and enter an arbitrary budget for such department, institution or agency in accordance with such data as he may have at hand or obtain.

      3.  On or before October 1 of each even-numbered year, the [director] chief shall deliver copies of the expenditure estimates to the legislative auditor, together with such other information as required by subsection 1.

      Sec. 141.  NRS 353.215 is hereby amended to read as follows:

      353.215  1.  Not later than June 1 of each year the governor shall require the head of each department, institution and agency of the state government to submit to him through the [director] chief a work program for the ensuing fiscal year. Such program shall:

      (a) Include all appropriations or other funds from any source whatever made available to the department, institution or agency for its operation and maintenance and for the acquisition of property.

      (b) Show the requested allotments of appropriations or other funds by quarters for the entire fiscal year.

      2.  The governor, with the assistance of the [director,] chief, shall review the requested allotments with respect to the work program of each department, institution or agency, and the governor shall, if he deems it necessary, revise, alter or change such allotments before approving the same. The aggregate of such allotments shall not exceed the total appropriations or other funds from any source whatever made available to the department, institution or agency for the fiscal year in question.


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

ê1963 Statutes of Nevada, Page 1067 (Chapter 404, SB 103)ê

 

      3.  The [director] chief shall transmit a copy of the allotments as approved by the governor to the head of the department, institution or agency concerned, to the state treasurer, and to the state controller.

      4.  All expenditures to be made from the appropriations or other funds from any source whatever shall be made on the basis of such allotments and not otherwise, and shall be broken down into such classifications as the [director] chief may require.

      Sec. 142.  NRS 353.220 is hereby amended to read as follows:

      353.220  1.  The head of any department, institution or agency of the state government, whenever he shall deem it necessary by reason of changed conditions, may revise the work program of his department, institution or agency at the beginning of any quarter during the fiscal year, and submit such revised program to the governor through the [director] chief with a request for revision of the allotments of the remaining quarters of that fiscal year.

      2.  Every such request for revision shall be submitted to the [director] chief at least 15 days prior to the commencement of the quarter when such revision, if approved, is to become effective. Within 10 days after submission to him the [director of the budget] chief shall transmit the request for revision with his recommendations in writing to the governor. Within 5 days thereafter the governor shall approve or disapprove such request in writing.

      3.  The governor shall promptly transmit a copy of such approval or disapproval to the [director,] chief, the state controller and to the head of the department, institution or agency making the request.

      Sec. 143.  NRS 353.225 is hereby amended to read as follows:

      353.225  1.  In order to provide some degree of flexibility to meet emergencies arising during each fiscal year in the expenditures for operation and maintenance of the various departments, institutions and agencies of the state government, the [director,] chief, with the approval in writing of the governor, may require the head of each department, institution or agency, in making the original allotments, to set aside a reserve in such amount as the [director] chief may determine, out of the total amount appropriated or out of other funds available from any source whatever to the department, institution or agency.

      2.  At any time during the fiscal year this reserve or any portion of it may be returned to the appropriation or other fund to which it belongs and may be added to any one or more of the allotments, provided the governor shall deem such action necessary and shall so certify in writing, delivering a copy of the certificate to the [director,] chief, the state treasurer and the state controller.

      3.  Any unexpended and unencumbered balances of allotments at the end of each quarter shall be credited to the reserve set up for the fiscal year.

      Sec. 144.  NRS 353.230 is hereby amended to read as follows:

      353.230  1.  The [director] chief shall review the estimates, altering, revising, increasing or decreasing the items of the estimates as he may deem necessary in view of the needs of the various departments, institutions and agencies and the total anticipated income of the state government and of the various departments, institutions and agencies thereof during the next fiscal year.


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

ê1963 Statutes of Nevada, Page 1068 (Chapter 404, SB 103)ê

 

government and of the various departments, institutions and agencies thereof during the next fiscal year.

      2.  The [director] chief shall then prepare a budget, in accordance with NRS 353.150 to 353.245, inclusive, and shall deliver the same to the governor prior to the fifth day of the regular legislative session. The governor shall transmit such budget to the legislature not later than the 10th day of the regular legislative session.

      3.  During the consideration of the general appropriation bill, the special appropriation bills and the bills authorizing budgeted expenditures by the departments, institutions and agencies operating on funds designated for specific purposes by the constitution or otherwise, submitted by the governor with the budget, the governor or his representative shall have the right to appear before and be heard by the appropriation committees of the legislature in connection with the appropriation bill or bills, and to render any testimony, explanation or assistance required of him.

      Sec. 145.  NRS 353.245 is hereby amended to read as follows:

      353.245  Every department, institution and agency of the state government, when making requests for budgets to be submitted to the Federal Government for funds, equipment, material or services, shall have such request or budget filed in the office of the [director of the budget] chief before submitting it to the proper federal authority. When such federal authority has approved the request or budget, in whole or in part, the department, institution or agency of the state government shall resubmit it to the [director of the budget] chief for recording before any allotment or encumbrance of the federal funds can be made.

      Sec. 146.  NRS 381.270 is hereby amended to read as follows:

      381.270  1.  Subject to the provisions of subsection 2, the [superintendent of the state department of buildings and grounds,] chief of the buildings and grounds division of the department of administration for and on behalf of the Lost City museum may accept gifts, devises or bequests of real or personal property from any source and may use the same in any manner consistent with the purposes of the museum.

      2.  No gift, devise or bequest shall be accepted by the [superintendent of the state department of buildings and grounds] chief of the buildings and grounds division of the department of administration for the Lost City museum, whether or not such gift, devise or bequest may confer a benefit upon the people of the State of Nevada, unless prior legislative approval in the form of a concurrent resolution is obtained.

      Sec. 147.  NRS 385.340 is hereby amended to read as follows:

      385.340  1.  The qualifications for the office of deputy superintendent of public instruction shall be fixed by the [state department of personnel.] personnel division of the department of administration.

      Sec. 148.  NRS 407.057 is hereby amended to read as follows:

      407.057  1.  The system shall maintain its headquarters office at Carson City, Nevada.


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

ê1963 Statutes of Nevada, Page 1069 (Chapter 404, SB 103)ê

 

      2.  The system may maintain such district or branch offices throughout the state as the director may deem necessary to the efficient operation of the system and the various divisions thereof. The director is hereby authorized, on behalf of the system, to enter into such leases or other agreements as may be necessary to the establishment of such district or branch offices. Such leases or agreements shall be executed in cooperation with the [state department of] buildings and grounds division of the department of administration and in accordance with the provisions of NRS 331.110.

      Sec. 149.  NRS 419.030 is hereby amended to read as follows:

      419.030  1.  One of the rooms, suitable for the purposes hereinafter set forth, in the Nevada State Building situated in Reno, Nevada, is set apart, free of charge, for:

      (a) The uses of all ex-servicemen’s organizations and their auxiliaries.

      (b) The needs and requirements of such organizations and auxiliaries in connection with such uses and activities as are or may be appropriate to the purposes of such organizations.

      2.  The [superintendent of the state department of] buildings and grounds division of the department of administration shall provide and set aside for the use of all ex-servicemen’s organizations and their auxiliaries a suitable room in the building for the use and enjoyment of such organizations.

      Sec. 150.  NRS 422.200 is hereby amended to read as follows:

      422.200  The state welfare director shall have the following powers and duties:

      1.  To be responsible for and to supervise the fiscal affairs and responsibilities of the department.

      2.  To present the biennial budget of the department to the legislature in conjunction with the [director of the budget.] budget division of the department of administration.

      3.  To allocate, with the approval of the state welfare board, in the interest of efficiency and economy, the state’s appropriation for administration of the separate programs for which the department is responsible.

      4.  To provide for reimbursement of workers for their necessary expenses in traveling by private or public conveyance, to include travel within city limits of any town or municipality within the State of Nevada, at the rate provided for in NRS 281.160 if traveled by the worker’s private conveyance.

      Sec. 151.  NRS 423.110 is hereby amended to read as follows:

      423.110  The superintendent shall:

      1.  Keep a complete record of all papers and documents pertaining to this office.

      2.  Supply the legislature with requested material.

      3.  Present the biennial budget of the Nevada state children’s home to the legislature in conjunction with the [director of the budget.] chief of the budget division of the department of administration.


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

ê1963 Statutes of Nevada, Page 1070 (Chapter 404, SB 103)ê

 

      Sec. 152.  NRS 463.028 is hereby amended to read as follows:

      463.028  1.  The commission shall keep its main office at Carson City, Nevada, in conjunction with the board in rooms provided by the [superintendent of the state department of buildings and grounds.] buildings and grounds division of the department of administration.

      2.  The commission may, in its discretion, maintain a branch office in Las Vegas, Nevada, or at any other place in this state, in space to be provided by the [superintendent of the state department of buildings and grounds.] buildings and grounds division.

      Sec. 153.  NRS 463.100 is hereby amended to read as follows:

      463.100  1.  The board shall keep its main office at Carson City, Nevada, in conjunction with the commission in rooms provided by the [superintendent of the state department of buildings and grounds.] buildings and grounds division of the department of administration.

      2.  The board may, in its discretion, maintain a branch office in Las Vegas, Nevada, or at any other place in this state, in space to be provided by the [superintendent of the state department of buildings and grounds.] buildings and grounds division.

      Sec. 154.  NRS 481.055 is hereby amended to read as follows:

      481.055  1.  The department shall keep its main office at Carson City, Nevada, in rooms provided by the [superintendent of the state department of buildings and grounds.] buildings and grounds division of the department of administration.

      2.  The department may maintain such branch offices throughout the state as the director may deem necessary to the efficient operation of the department and the various divisions thereof. The director is authorized, on behalf of the department, to enter into such leases or other agreements as may be necessary to the establishment of such branch offices.

      Sec. 155.  NRS 482.145 is hereby amended to read as follows:

      482.145  The director shall maintain an office at the state capital. The [superintendent of the state department of] buildings and grounds division of the department of administration shall provide suitable offices for the department.

      Sec. 156.  NRS 561.235 is hereby amended to read as follows:

      561.235  1.  The department shall maintain its headquarters office at Reno, Nevada.

      2.  The department may maintain such district or branch offices throughout the state as the executive director may deem necessary to the efficient operation of the department and the various division thereof. The executive director is hereby authorized, on behalf of the department, to enter into such leases or other agreements as may be necessary to the establishment of such district or branch offices. Such leases or agreements shall be executed in cooperation with the [state department of] buildings and grounds division of the department of administration and in accordance with the provisions of NRS 331.110.

      Sec. 157.  NRS 612.230 is hereby amended to read as follows:

      612.230  1.  For the purpose of insuring the impartial selection of personnel on the basis of merit, the executive director shall fill all positions in the employment security department, except the post of executive director, from registers prepared by the [state department of personnel,] personnel division of the department of administration, in conformity with such rules, regulations and classification and compensation plans relating to the selection of personnel as may from time to time be adopted or prescribed by the executive director for the employment security department.


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

ê1963 Statutes of Nevada, Page 1071 (Chapter 404, SB 103)ê

 

positions in the employment security department, except the post of executive director, from registers prepared by the [state department of personnel,] personnel division of the department of administration, in conformity with such rules, regulations and classification and compensation plans relating to the selection of personnel as may from time to time be adopted or prescribed by the executive director for the employment security department.

      2.  Subject to the provisions of chapter 284 of NRS, the executive director shall select all personnel either from the first three candidates on the eligible lists as provided in this chapter, or from the highest rating candidate within a radius of 60 miles of the place in which the duties of the position will be performed. The executive director is authorized to fix the compensation and prescribe the duties and powers of such personnel, including such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of the duties under this chapter, and may delegate to any such person such power and authority as he deems reasonable and proper for its effective administration.

      3.  The executive director may, in his discretion, bond any person handling moneys or signing checks.

      4.  The executive director shall classify positions under this chapter and shall establish salary schedules and minimum personnel standards for the positions so classified. He shall devise and establish fair and reasonable regulations governing promotions, demotions and terminations for cause in accordance with such established personnel practices as will tend to promote the morale and welfare of the organization.

      5.  Notwithstanding the provisions of subsection 1 of NRS 281.150, the executive director may grant educational leave stipends to officers and employees of the employment security department if all of the cost of such educational leave stipends may be paid from federal funds.

      Sec. 158.  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 division of the department of administration shall assign and make available to the commissioner and the board suitable and convenient rooms or space for the use of the department.

      Sec. 159.  NRS 703.120 is hereby amended to read as follows:

      703.120  The commission shall keep its office at Carson City, Nevada, in rooms provided by the [superintendent of the state department of buildings and grounds.] buildings and grounds division of the department of administration.

      Sec. 160.  NRS 284.070, 284.090, 284.095, 333.040, 333.050, 333.440, 353.165 and 353.170 are hereby repealed.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1072ê

 

CHAPTER 405, SB 293

Senate Bill No. 293–Committee on Banks, Banking and Corporations

CHAPTER 405

AN ACT resolving conflicts in statutes resulting from enactment of chapter 339, Statutes of Nevada 1963; to amend the title of and to amend an act entitled “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; to amend the title of and to amend an act entitled “An Act to amend NRS sections 645.030, 645.120, 645.190, 645.310, 645.450, 645.460, 645.630, 645.690 and 645.780 to 645.830, inclusive, which define terms and relate to the salary and qualifications of the executive secretary of the Nevada real estate commission, powers of the Nevada real estate commission, moneys received by real estate brokers and salesmen, real estate licensing generally and license fees, increasing the maximum salary of the executive secretary of the real estate commission; by providing for a reference manual; by providing for auditing trust and custodial accounts of brokers; and by amending provisions relating to examinations, license expiration, licensing and fees; to repeal NRS section 645.470, relating to salesman’s examinations; and providing other matters properly relating thereto,” approved April 2, 1963; to amend chapter 232 of NRS and NRS sections 645.190, 645.310, 645.450, 645.460, 645.690, 645.830, 673.003, 673.035, 673.0355 and 673.040, relating to the state department of conservation and natural resources, real estate brokers and salesmen, and building and savings and loan associations, by incorporating previously enacted conflicting amendments to such chapter and sections; providing duties of the director of the statute revision commission; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  The director shall:

      1.  Appoint, with the consent of the governor, a chief of each of the divisions of the department, except the savings and loan division. 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.


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

ê1963 Statutes of Nevada, Page 1073 (Chapter 405, SB 293)ê

 

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. 3.  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, except the chief of the savings and loan division.

      3.  Administer the provisions of law relating to his division, subject to the administrative supervision of the director.

      Sec. 4.  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.

      3.  The real estate division may publish a reference manual or study guide for licensees or applicants for licenses, and may offer it for sale at a reasonable fee.

      Sec. 5.  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.


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

ê1963 Statutes of Nevada, Page 1074 (Chapter 405, SB 293)ê

 

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 and audit 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. 6.  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.] twice a year, on the 2nd Monday of March and September of each year.

      Sec. 7.  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 principal of land economics and appraisals.

      3.  A general and fair understanding of the obligations between principal and agent, of the principles of real estate practice, and the canons of business ethics pertaining thereto, as well as of the provisions of this chapter.] has an appropriate knowledge and understanding of the following:

      1.  The English language, including reading, writing and spelling.

      2.  Arithmetic.


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

ê1963 Statutes of Nevada, Page 1075 (Chapter 405, SB 293)ê

 

      3.  The principles of real estate conveyancing, including the general purposes and effect of deeds, mortgages, deeds of trust, land contracts of sale and leases, and of land economics and appraisals.

      4.  The rights and obligations of principal and agent.

      5.  The principles of real estate practice and the canons of business ethics pertaining thereto.

      6.  The provisions of this chapter and the rules and regulations promulgated thereunder.

      Sec. 8.  NRS 645.690 is hereby amended to read as follows:

      645.690  1.  The hearing on the charges shall be at such time and place as the commission shall prescribe. The hearing may be held by the commission or a majority thereof, and the hearing shall be held, if the licensee so requests in writing, within the county where the licensee’s principal place of business is situated.

      2.  At the hearing the licensee shall be entitled:

      (a) To examine, either in person or by counsel, any and all persons complaining against him, as well as all other witnesses whose testimony is relied upon to substantiate the charge made.

      (b) To present such evidence, written and oral, as he may see fit, and as may be pertinent to the inquiry.

      3.  At the hearing, all witnesses shall be duly sworn by the commission, or any member thereof, and a stenographic [notes] transcript of the proceedings shall be [taken] made and filed as part of the record in the case. Any party to the proceedings desiring it shall be furnished with a copy of such [stenographic notes] transcript upon payment to the [commission] real estate division of such fee as it shall prescribe by general rule or regulation, not exceeding 25 cents per folio.

      Sec. 9.  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]     $5

For each original real estate broker’s, broker-salesman’s or corporate officer’s license.............................................................................................................       40

For each renewal real estate broker’s, broker-salesman’s or corporate officer’s license, on and after July 1, 1964, for 1 year or fraction thereof..........       40

For each section of a real estate salesman’s examination......................... [3]        5

For each original real estate salesman’s license..................................... [20]     25

For each renewal real estate salesman’s license, on and after July 1, 1964, for 1 year or fraction thereof................................................................................... [20]     25

For each branch office broker’s license, for 1 year or fraction thereof........       25

For each change of name or address............................................................ [3]     10

For each transfer of real estate salesman’s license on change of employer     [3]      10

For each duplicate license or pocket card where the original license or pocket card is lost or destroyed, and affidavit made thereof...................................... [5] 10 For each reinstatement of a real estate broker’s or salesman’s license.................................................................................... [$3]  $10

 


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

ê1963 Statutes of Nevada, Page 1076 (Chapter 405, SB 293)ê

 

For each reinstatement of a real estate broker’s or salesman’s license [$3]   $10

For each reinstatement of a real estate broker’s or salesman’s license when a licensee fails to give written notice to the commission within 30 days of a change of name, address or broker-employer.................................................................. [10]     20

For each change of status from broker to broker-salesman, or the reverse [3]  10

 

      Sec. 10.  NRS 673.003 is hereby amended to read as follows:

      673.003  “Board” means the savings association appeal board.

      Sec. 11.  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 shall administer the provisions of this chapter, subject to administrative supervision by the director. Nothing in this chapter shall be construed to prevent an association or person affected by any order, ruling, proceeding, act or action of the commissioner or any person acting on his behalf, or the director or any person acting on his behalf and at his instance, from testing the validity of the action in any court of competent jurisdiction through injunction, appeal, error or other proper process or proceeding, mandatory or otherwise.

      Sec. 12.  NRS 673.0355 is hereby amended to read as follows:

      673.0355  1.  The savings association appeal 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 and at least one but not more than two shall be experienced in the savings and loan industry.

      [3.]4.  The governor shall designate one of the members as chairman of the board.

      5.  The board shall serve in an appeal 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.

      6.  Any association aggrieved by any action of the commissioner or the director or by his or their failure to act under the provisions of this act may appeal therefrom to the board pursuant to the provisions of NRS 673.047.

      Sec. 13.  NRS 673.040 is hereby amended to read as follows:

      673.040  The commissioner shall have supervision of and make all policy with regard to 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. 14.  Sections 5, 7, 30, 36, 49 to 51, inclusive, 67, 76, 97 to 99, inclusive, 101 and 103 of the above-entitled act, being chapter 339, Statutes of Nevada 1963, are hereby repealed.


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

ê1963 Statutes of Nevada, Page 1077 (Chapter 405, SB 293)ê

 

inclusive, 101 and 103 of the above-entitled act, being chapter 339, Statutes of Nevada 1963, are hereby repealed.

      Sec. 15.  The title of the above-entitled act, being chapter 339, Statutes of Nevada 1963, is hereby amended to read as follows:

      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, 645.180, 645.200 to 645.230, inclusive, [645.310,] 645.322, 645.343, 645.350, 645.370, 645.390, 645.410 to [645.470,] 645.440, 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.

      Sec. 16.  Sections 2 to 6, inclusive, 8 and 14 of the above-entitled act, being chapter 211, Statutes of Nevada 1963, are hereby repealed.

      Sec. 17.  The title of the above-entitled act, being chapter 211, Statutes of Nevada 1963, is hereby amended to read as follows:

      An Act to amend NRS sections 645.030, [645.120, 645.190, 645.310, 645.450, 645.460,] 645.630 [, 645.090] and 645.780 to [645.830,] 645.820, inclusive, which define terms and relate to [the salary and qualifications of the executive secretary of the Nevada real estate commission, powers of the Nevada real estate commission, moneys received by real estate brokers and salesmen,] real estate licensing generally and license fees, [increasing the maximum salary of the executive secretary of the real estate commission; by providing for a reference manual; by providing for auditing trust and custodial accounts of brokers; and] by amending provisions relating to examinations, license expiration, licensing and fees; to repeal NRS section 645.470, relating to salesman’s examinations; and providing other matters properly relating thereto.

      Sec. 18.  In preparing the 1963 supplement to Nevada Revised Statutes, the director of the statute revision commission, or any officer who is required by law after June 30, 1963, to perform the duties performed by the director of the statute revision commission prior to July 1, 1963, shall make all nonsubstantive changes in all statutes enacted by the 1963 session of the legislature relating to organization or reorganization of the legislative and executive departments of the state government necessary to resolve any nonsubstantive conflicts in such statutes.


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

ê1963 Statutes of Nevada, Page 1078 (Chapter 405, SB 293)ê

 

to July 1, 1963, shall make all nonsubstantive changes in all statutes enacted by the 1963 session of the legislature relating to organization or reorganization of the legislative and executive departments of the state government necessary to resolve any nonsubstantive conflicts in such statutes.

 

________

 

 

CHAPTER 406, AB 532

Assembly Bill No. 532–Committee on Mines, Mining and Public Lands

CHAPTER 406

AN ACT to amend an act entitled “An Act to amend chapter 321 of NRS, relating to the administration, control and sale of public lands, by adding new sections providing for the confirmation of title to minerals in persons, corporations or associations, or their heirs, assigns or lawful successors who have purchased state lands subsequent to March 3, 1887, from the State of Nevada, subject to the royalty provisions in NRS section 321.300; authorizing such persons, corporations or associations, or their heirs, assigns or lawful successors, to bring an action for declaratory judgment to determine the state’s interest in the minerals in such lands, including gas, coal, oil and oil shales; providing that if the state is determined to have any interest in such minerals, other than the royalty interest referred to in NRS section 321.300, the patentee, his, her or its heirs, successors or assigns may purchase such interest of the state within 1 year from the date of such judgment; and providing other matters properly relating thereto,” approved March 20, 1963.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  Section 1 of the above-entitled act, being chapter 92, Statutes of Nevada 1963, is hereby amended to read as follows:

      Section 1.  Chapter 321 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to [4,] 5, inclusive, of this act.

      Sec. 2.  Section 5 of the above-entitled act, being chapter 92, Statutes of Nevada 1963, is hereby amended to read as follows:

      Section 5.  [This act shall become effective upon passage and approval.] Nothing contained in sections 2 to 4, inclusive, of this act shall be construed to limit the rights of any citizen of the United States granted to him pursuant to the provisions of NRS 516.030 to 516.060, inclusive.

      Sec. 3.  The above-entitled act, being chapter 92, Statutes of Nevada 1963, is hereby amended by adding thereto a new section designated section 6, which shall immediately follow section 5 and shall read as follows:

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

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1079ê

 

CHAPTER 407, AB 372

Assembly Bill No. 372–Committee on Banking, Insurance and Corporations

CHAPTER 407

AN ACT to amend NRS sections 685.020, 685.070, 685.080, 685.100 and 685.140, which define terms for the purposes of the Nevada Insurance Adjusters Act and relate to qualifications for, types of, and denial, suspension and revocation of, insurance adjusters’ licenses, and adjusting by nonresident adjusters by increasing the length of residence and years of experience prerequisite to licensing; by deleting provisions allowing dual licensing as an independent and public adjuster and representation of both an insured and an insurer in the same transaction with consent of the parties; by providing that a license is not required of a nonresident salaried or independent adjuster for adjustment of single losses or adjustment of losses arising out of catastrophe common to all such losses; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  NRS 685.020 is hereby amended to read as follows:

      685.020  In NRS 685.010 to 685.200, inclusive, unless the context otherwise requires:

      1.  “Adjuster” means any person who, for compensation as an independent contractor for fee or commission, investigates, settles and reports to his principal relative to claims arising under insurance contracts, on behalf solely of either the insurer or the insured. An [employee of a licensed] associate adjuster, an attorney at law who adjusts insurance losses from time to time incidental to the practice of his profession, an adjuster of ocean marine losses, or a salaried employee of an insurer, or a salaried employee of a managing general agent maintaining an underwriting office in the State of Nevada is not deemed to be an adjuster for the purposes of NRS 685.010 to 685.200, inclusive.

      2.  “Associate adjuster” means a salaried employee of an adjuster.

      3.  “Commissioner” means the commissioner of insurance.

      [3.] 4.  “Company” means an insurance or surety company and shall be deemed to include a corporation, company, partnership, association, society, order, individual or aggregation of individuals engaging in or proposing or attempting to engage in any kind of insurance or surety business.

      [4.] 5.  “Department” means the department of insurance.

      [5.] 6.  “Independent adjuster” means an adjuster representing the interests of the insurer.

      [6.] 7.  “Public adjuster” means an adjuster employed by and representing solely the financial interests of the insured named in the policy.

      Sec. 2.  NRS 685.070 is hereby amended to read as follows:

      685.070  The commissioner shall license as an adjuster only an individual who has otherwise complied with NRS 685.010 to 685.200, inclusive, and who has furnished evidence satisfactory to the commissioner that he is qualified as follows:

      1.  Is at least 21 years of age.


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

ê1963 Statutes of Nevada, Page 1080 (Chapter 407, AB 372)ê

 

      2.  Has been a bona fide resident of this state for at least [3] 6 months or is a resident of a state which will permit residents of this state to act as adjusters in such other state.

      3.  Is a trustworthy person with a good reputation.

      4.  Has had at least [1 year’s] 2 years’ experience, or special training with reference to the handling of loss claims under insurance contracts of sufficient duration and extent reasonably to make him competent to fulfill the responsibilities of an adjuster.

      5.  Has successfully passed any examination required under NRS 685.010 to 685.200, inclusive.

      6.  Has posted the bond or bonds required under NRS 685.110.

      7.  Has never been convicted of a felony.

      Sec. 3.  NRS 685.080 is hereby amended to read as follows:

      NRS 685.080  [1.]  The commissioner may license an individual as an independent adjuster or as a public adjuster, and separate licenses shall be required for each type of adjuster. [An] No individual may be concurrently licensed under separate licenses as an independent adjuster and as a public adjuster. [The full license fee shall be paid for each license.

      2.  An adjuster licensed concurrently as both an independent adjuster and a public adjuster shall not represent both the insurer and the insured in the same transaction.]

      Sec. 4.  NRS 685.140 is hereby amended to read as follows:

      685.140  1.  The commissioner may suspend, revoke or refuse to renew any license issued under NRS 685.010 to 685.200, inclusive, for any cause specified in any other provision of NRS 685.010 to 685.200, inclusive, or for any of the following causes:

      (a) If the licensee willfully violates or knowingly participates in the violation of any provision of NRS 685.010 to 685.200, inclusive.

      (b) If the licensee has obtained or attempted to obtain any license through willful misrepresentation or fraud, or has failed to pass any examination required under NRS 685.010 to 685.200, inclusive.

      (c) If the licensee has misappropriated or converted to his own use or has illegally withheld moneys required to be held in a fiduciary capacity.

      (d) If the licensee has, with intent to deceive, materially misrepresented the terms or effect of any insurance contract, or has engaged in any fraudulent transaction.

      (e) If the licensee has been convicted, by final judgment, of a felony.

      (f) If, in the conduct of his affairs under the license, the licensee has shown himself to be incompetent, untrustworthy or a source of injury and loss to the public.

      (g) If the licensee has undertaken to represent or has represented both the insurer and the insured in the same transaction for compensation. [, unless such representation was undertaken or performed with the knowledge and consent of both.]

      2.  The license of any firm, partnership or corporation may be suspended, revoked or refused for any cause which relates to any individual designated in the license to exercise its powers.


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

ê1963 Statutes of Nevada, Page 1081 (Chapter 407, AB 372)ê

 

      3.  The holder of any license which has been revoked or suspended shall immediately surrender the license certificate to the commissioner.

      Sec. 5.  NRS 685.100 is hereby amended to read as follows:

      685.100  1.  On behalf of, and as authorized by, an insurer for which he is licensed as an agent, an agent may from time to time act as an adjuster without being required to be licensed as an adjuster; but:

      (a) No agent may act as an adjuster for a company with whom he has a retrospective contract on losses incurred under policies written by him.

      (b) No agent may be concurrently licensed as an agent and an adjuster or vice versa.

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

      3.  A nonresident adjuster, licensed in good standing in a state which will permit residents of Nevada to act as adjusters in such other state, and whose place of business in such other state is within 50 miles of the boundaries of this state, may be granted a nonresident adjuster’s license upon:

      (a) Posting a bond to the State of Nevada in the penal sum of $5,000; and

      (b) Paying an annual license fee of $10 to the commissioner.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1082ê

 

CHAPTER 408, SB 119

Senate Bill No. 119–Committee on Public Health

CHAPTER 408

AN ACT to amend Title 57 of NRS, relating to insurance and insurance companies, by creating a new chapter relating to nonprofit hospital or medical service corporations; defining terms; authorizing nonprofit corporations to establish and operate nonprofit hospital or medical service plans; providing tax exemptions for such corporations; establishing requirements for incorporators; providing composition of boards of directors; fixing procedure for mergers of such corporations; requiring consent of hospitals and physicians in state prior to the operation of hospital or medical service plans; providing for licensing and regulation of such corporations by the commissioner of insurance; establishing requirements for reserve funds and limitations on the number of individuals entitled to benefits; requiring such corporations to enter into and maintain contracts with hospitals and physicians; providing for insolvency determination affecting such corporations; requiring annual statements; providing for acquisition and administrative costs; providing conditions precedent to execution of hospital or medical service contracts; providing for the execution by such corporations of family hospital or medical service contracts and group hospital or medical service contracts; requiring specified provisions in hospital or medical service contracts; providing for blanket hospital or medical service contracts to be issued to schools by such corporations; providing for approval or disapproval of such contracts by the commissioner of insurance; establishing conditions precedent to the issuance of such contracts; providing for temporary coverage prior to approval of contracts and certificates by the commissioner of insurance; requiring individual certificates of coverage under group contracts to be issued to individuals covered; providing for suspension and revocation of authority of such corporations by the commissioner of insurance; providing for contracts between such corporations and public agencies; providing that nonprofit hospital or medical service corporations shall be subject to the same taxes, licenses, fees and supervision as a domestic mutual insurance company; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  Title 57 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 31, inclusive, of this act.

      Sec. 2.  This chapter may be cited as the Nonprofit Hospital and Medical Service Corporation Law.

      Sec. 3.  This chapter shall not apply to or govern any corporation which is organized for profit, which contemplates any pecuniary gain to its shareholders or members, or which conducts or is authorized by its articles of incorporation to conduct any business whatsoever on a profit basis. This chapter shall not authorize or be construed to authorize, directly or indirectly, any corporation to operate a hospital or medical service plan on a profit basis. No corporation subject to the provisions of this chapter shall own or operate any hospital or engage in any business other than that of establishing, maintaining and operating a nonprofit hospital or medical service plan.

      Sec. 4.  As used in this chapter:

      1.  “Commissioner” means the commissioner of insurance.


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

ê1963 Statutes of Nevada, Page 1083 (Chapter 408, SB 119)ê

 

      2.  “Hospital services” means the furnishing or providing of any or all of the following:

      (a) Maintenance and care in the hospital, including but not limited to, nursing care, drugs, medicines, supplies, physiotherapy, transportation and use of facilities and appliances.

      (b) Reimbursement of the beneficiary or subscriber for, but without requiring that he first pay, expenses incurred for any of the items included in paragraph (a).

      (c) Reimbursement, at a uniform rate, of the beneficiary or subscriber for, but without requiring that he first pay, the costs and expenses incurred for medical supplies.

      (d) Reimbursement for expenses incurred outside of the hospital for continued care and treatment following the subscriber’s discharge from the hospital, for nursing service, necessary appliances, drugs, medicines, supplies and any other services which would have been available in the hospital (excluding physicians’ services), whether or not provided through a hospital.

      (e) Reimbursement for ambulance service expenses.

      3.  “Medical services” means the furnishing or providing of medical or surgical services, in or out of a hospital, by a physician and surgeon licensed to practice under the laws of Nevada.

      Sec. 5.  (There is no section of this number.)

      Sec. 6.  Any corporation which is organized under the laws of the State of Nevada, or the laws of any other state, without capital stock, for the sole purpose of maintaining and operating a hospital or medical service plan, and which does not contemplate pecuniary gain or profit to its members, may undertake and operate a hospital or medical service plan for rendering hospital or medical service to its subscribers under and subject to the provisions of this chapter.

      Sec. 7.  Persons desiring to form a nonprofit hospital or medical service corporation shall incorporate pursuant to the provisions of this chapter, and the provisions of the nonprofit corporation laws of the State of Nevada, so far as the provisions of such laws are applicable and not inconsistent with this chapter.

      Sec. 8.  1.  A majority of the board of directors of a corporation providing or rendering hospital services shall be composed of duly appointed representatives of hospitals with which the corporation has contracts for the rendering of hospital services.

      2.  A majority of the board of directors of a corporation providing medical services shall be composed of duly appointed representatives of the physicians who have signed participating agreements with the corporation for the rendering of medical services.

      Sec. 9.  Any corporation operating under this chapter may merge and consolidate with any other corporation operating or to operate under this chapter as follows:

      1.  The agreement of merger and consolidation shall be submitted to and approved by a two-thirds vote of the members of the ceding corporation present in person or by proxy at a meeting called to consider that agreement. A written or printed notice of such meeting shall be mailed or personally delivered to each member at least 30 days before the day fixed for the meeting.


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

ê1963 Statutes of Nevada, Page 1084 (Chapter 408, SB 119)ê

 

mailed or personally delivered to each member at least 30 days before the day fixed for the meeting.

      2.  Before the merger and consolidation is effected, the corporation which proposes to assume the liabilities of the ceding corporation shall submit to its members the question of merger and consolidation and a similar notice shall be given and a similar vote required as in the case of members of the ceding corporation.

      3.  If the vote in the case of both corporations is in the affirmative by the required majority, a certified copy of all proceedings relating to the proposed merger and consolidation shall be filed with the commissioner. If the commissioner finds that the proceedings have been in accordance with law, he shall approve the agreement.

      4.  Upon the approval by the commissioner of such agreement, the consolidated corporation shall issue certificates of assumption to each and every subscriber of the ceding corporation. Such certificates shall be in a form approved by the commissioner.

      5.  The approval of the commissioner of the agreement of merger and consolidation shall operate to dissolve the ceding corporation, and all its liability upon its insurance contracts or benefit certificates shall thereupon cease, but its officers may thereafter perform any act necessary to close its affairs. The officers of the ceding corporation shall file a certified copy of the agreement in the office of the secretary of state. Such certified copy shall be in lieu of any certificate of dissolution required by the provisions of the general corporation law.

      6.  The consolidated corporation shall be entitled to all the assets of the ceding corporation and shall assume all its liabilities.

      Sec. 10.  In the event of any merger and consolidation as provided by this chapter, contracts and contribution certificates issued in compliance with the provisions of this chapter and outstanding at the time of the date of the merger and consolidation may be continued in force, reinstated, renewed and repaid without change of provisions, except as such change may be necessary or advisable at or following the next renewal or reinstatement.

      Sec. 11.  Upon approval by the commissioner of any such merger and consolidation, the merged and consolidated corporation may withdraw any securities theretofore deposited pursuant to any requirements of this chapter.

      Sec. 12.  1.  No corporation subject to the provisions of this chapter shall establish, maintain and operate its hospital service plan until it has procured the consent, in writing, of at least 75 percent of the licensed general hospitals doing business in the State of Nevada.

      2.  No corporation subject to the provisions of this chapter shall establish, maintain and operate its medical service plan until it has procured in writing participating agreements with at least 51 percent of the licensed physicians practicing in the State of Nevada.

      Sec. 13.  No corporation shall establish, maintain or operate a nonprofit service plan as authorized by the provisions of this chapter unless it has:

      1.  Procured a certificate of authority from the commissioner for the establishment, maintenance and operation of such plan.

      2.  Paid the annual license fee required by NRS 686.020.


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

ê1963 Statutes of Nevada, Page 1085 (Chapter 408, SB 119)ê

 

      Sec. 14.  The commissioner shall not issue or renew his certificate of authority to any corporation proposing to establish, maintain or operate a nonprofit hospital service plan until such corporation establishes:

      1.  That the corporation has entered into contracts with hospitals in the State of Nevada having an aggregate bed capacity sufficient to render the services contemplated to be furnished under the hospital service plan to persons in the State of Nevada.

      2.  That the contract proposed to be entered into by such corporation with those who may become subscribers is not such as will work a fraud or injustice upon such subscribers or any person.

      3.  That a schedule of the rates, dues, fees or other periodic charges to be paid by subscribers has been filed with the commissioner and the same are not such as will, after providing for such legal reserves as are required by section 15 of this chapter, result in profit to, or in the accumulation of excessive reserves or surpluses by, such corporation and are such as will enable such corporation to furnish or provide the hospital services which it proposes to make available to its beneficiaries and subscribers without impairment of its legal reserves and without a constant depletion of the assets of such corporation. A reserve or surplus over and above all approved and required reserves in an amount in excess of the average annual gross income of such corporation for the immediately preceding 3 calendar years shall be prima facie an excessive accumulation.

      Sec. 15.  1.  No corporation subject to the provisions of this chapter shall establish, maintain or operate a hospital service plan unless it has and at all times maintains a reserve fund equal to the following minimum amounts in relation to the number of individuals entitled to hospital benefits under contracts issued by such corporation:

 

                 Number of individuals                                                                                 Amount of

                   entitled to benefits                                                                                   reserve fund

2,500 or less.............................................................................................            $10,000

2,501 to 3,500, inclusive.........................................................................              12,500

3,501 to 4,500, inclusive.........................................................................              15,000

4,501 to 5,500, inclusive.........................................................................              17,500

5,501 and above......................................................................................              20,000

 

      2.  In computing such reserve fund, the commissioner shall include the amounts agreed to be paid by contracting hospitals to the corporation or its equivalent value of hospital service to be rendered without charge by the contracting hospital to the hospital service corporation.

      3.  In addition to the reserve fund provided for in this chapter, the commissioner shall require every corporation subject to this chapter to make, and to maintain in force, such contracts with enough hospitals in the State of Nevada as will be adequate, in the opinion of the commissioner, to provide care for all individuals entitled to hospital benefits in the State of Nevada under contracts issued by such corporation.

      4.  In addition, the commissioner shall require medical service corporations to give evidence of the participation of a sufficient number of physicians, in his judgment, to render the medical services specified under the contract.


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

ê1963 Statutes of Nevada, Page 1086 (Chapter 408, SB 119)ê

 

      Sec. 16.  A corporation organized under this chapter shall be deemed to be insolvent if its reserve fund is impaired so as to be less than the amounts set forth in section 15 of this chapter. For the purposes of determining such insolvency and the financial condition of such a corporation, for the purposes of preparation of annual statements, and for all other purposes not otherwise expressly provided for in this chapter, such a corporation shall be subject to all requirements of the laws of the State of Nevada as to assets, liabilities and reserves which are applicable to mutual nonassessable legal reserve disability insurers.

      Sec. 17.  1.  Every corporation subject to the provisions of this chapter shall annually:

      (a) On or before the 1st day of March, file in the office of the commissioner a statement verified by at least two of the principal officers of such corporation, showing its condition and affairs as of the last day of December of the next-preceding calendar year. The statement shall be in such form as shall be required by the commissioner and shall contain statements relative to the matters required to be established as a condition precedent to maintaining or operating a nonprofit hospital service plan and to other matters the commissioner may prescribe.

      (b) Pay the license fee required by NRS 686.020.

      2.  The commissioner may examine, as often as he deems it desirable, the affairs of every corporation subject to the provisions of this chapter. He shall, if practicable, examine each such corporation at least once in every 3 years, and in any event, at least once in every 5 years, as to condition, fulfillment of its contractual obligations and compliance with applicable laws. For examining the financial condition of every such corporation the commissioner shall collect the actual expenses of the examination. Such expenses shall be paid by the corporation. The commissioner shall refuse to issue a certificate of authority or shall revoke his certificate of authority issued to any corporation which neglects or refuses to pay such expenses.

      Sec. 18.  All acquisition costs in connection with the solicitation of subscribers to such hospital or medical service plan shall at all times be subject to the approval of the commissioner, and the administrative expenses for any calendar year, excluding the first full year of operation, of any such corporation, including acquisition costs, shall be limited to 25 percent of the aggregate amount of rates, dues, fees and other periodic charges actually received during that year. If the commissioner finds that acquisition costs of any corporation operating under the provisions of this chapter are excessive, or that the administrative expenses exceed the amount above stated, such finding shall be sufficient ground to justify the commissioner in revoking his consent to the establishment, maintenance and operation by such corporation of the hospital or medical service plan.

      Sec. 19.  No hospital or medical service contract shall be entered into between a corporation proposing to furnish or provide any one or more of the services authorized under this chapter and a subscriber:

      1.  Unless the entire consideration therefor is expressed in the contract.


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

ê1963 Statutes of Nevada, Page 1087 (Chapter 408, SB 119)ê

 

      2.  Unless the times at which the benefits or services to the subscriber take effect and terminate are stated in a portion of the contract above the evidence of its execution.

      3.  If the contract purports to entitle more than one person to benefits or services, except for family hospital or medical service contracts issued under section 20 of this chapter, group hospital or medical service contracts issued under section 21 of this chapter, and blanket contracts issued under section 24 of this chapter.

      4.  Unless every printed portion and any endorsement or attached papers are plainly printed in type of which the face is not smaller than 10 points.

      5.  Except for group hospital or medical service contracts and blanket contracts issued under section 24 of this chapter, unless the exceptions of the contract are printed with greater prominence than the benefits to which they apply.      6.  Except for group hospital or medical service contracts and blanket contracts issued under section 25 of this chapter, unless, if any portion of such contract purports, by reason of the circumstances under which an illness, injury or disablement is incurred to reduce any service to less than that provided for the same illness, injury or disablement incurred under ordinary circumstances, such portion is printed in boldface type and with greater prominence than any other text of the contract.

      7.  If the contract contains any provisions purporting to make any portion of the chapter, constitution or bylaws of such nonprofit corporation a part of the contract unless such portion is set forth in full in the contract.

      8.  Unless such contract for hospital service contains in blackface type not less than 10-point the following provisions:

      Nothing contained in this contract shall in any manner restrict or interfere with the right of any individual entitled to hospital service and care hereunder to select the contracting hospital or to make a free choice of his attending physician, who shall be the holder of a valid and unrevoked physician’s and surgeon’s license and who is a member of, or acceptable to, the attending staff and board of directors of the hospital in which such hospital services are to be provided and rendered.

      Sec. 20.  Family hospital or medical service contracts may be issued to a family consisting of an individual and one or more persons dependent upon him, or of one or more persons dependent upon an individual, and may include his spouse, whether or not dependent upon him. Such contracts shall contain a provision to the effect that to the family originally covered may be added from time to time all new members of the family group eligible for coverage and that the head of the family shall give the corporation notice of the addition to the family of any person eligible for coverage under the contracts.

      Sec. 21.  1.  Group hospital or medical service contracts written under a master hospital or medical service contract may be:

      (a) Issued either to the federal or state government, or to any federal or state agency, political subdivision or district, or to any public, governmental or municipal corporation, or to any unit, agency or department thereof, or to any corporation, copartnership or individual employer, or to the trustee of any association of employers, offering hospital or medical services to all the employees of any such employer or of the employer members of such association or to all of any class or classes thereof determined by conditions pertaining to employment and covering not less than five such employees or such employees together with their dependents or spouses, or covering only dependents and spouses of such employees, for amounts of hospital or medical services based upon some plan which will preclude individual selection by the employee as to the amount of hospital or medical services he may obtain thereunder; or

 


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

ê1963 Statutes of Nevada, Page 1088 (Chapter 408, SB 119)ê

 

federal or state agency, political subdivision or district, or to any public, governmental or municipal corporation, or to any unit, agency or department thereof, or to any corporation, copartnership or individual employer, or to the trustee of any association of employers, offering hospital or medical services to all the employees of any such employer or of the employer members of such association or to all of any class or classes thereof determined by conditions pertaining to employment and covering not less than five such employees or such employees together with their dependents or spouses, or covering only dependents and spouses of such employees, for amounts of hospital or medical services based upon some plan which will preclude individual selection by the employee as to the amount of hospital or medical services he may obtain thereunder; or

      (b) Issued to any association having a constitution and bylaws and formed in good faith for purposes other than that of obtaining insurance offering hospital or medical services to all the members of such association and covering not less than 10 such members or such members together with their dependents or spouses and not less than 50 percent of all eligible members, or covering only the dependents and spouses of not less than 50 percent of all eligible members, for amounts of hospital or medical services based upon some plan which will preclude individual selection by the member as to the amount of hospital or medical services he may obtain thereunder.

      2.  Any such master hospital or medical service contract shall by its terms require the rates, dues, fees or other periodic charges to be paid to the corporation, either by means of payroll deductions or periodically by some designated person acting on behalf of the association covered.

      3.  For delivery to each person covered under the master hospital or medical service contract, other than dependents or spouses of an insured employee or person, there shall be issued to the holder of such master hospital or medical service contract by the corporation an individual certificate setting forth the benefits and the exceptions under, and referring to, the master hospital or medical service contract under which the certificate is issued.

      Sec. 22.  1.  Any hospital or medical service contract issued to a corporation, copartnership or individual employer eligible for group hospital or medical service contracts may also provide that the term “employees” shall include the officers, managers and employees of subsidiary or affiliated corporations, and the individual proprietors, partners and employees of affiliated individuals and firms, when the business of such subsidiary or affiliated corporations, firms or individuals is controlled by the holder of the hospital or medical service contract through stock ownership, contract or otherwise, or when the holder of the hospital or medical service contract is controlled by affiliated corporations, firms or individuals through stock ownership, contract or otherwise.

      2.  Nothing in this section shall permit any person other than an officer, manager or employee for compensation of the holder of the hospital or medical service contract or of one or more of the individuals, firms or corporations specified in subsection 1 to be covered under a group hospital or medical service contract.


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

ê1963 Statutes of Nevada, Page 1089 (Chapter 408, SB 119)ê

 

hospital or medical service contract or of one or more of the individuals, firms or corporations specified in subsection 1 to be covered under a group hospital or medical service contract.

      Sec. 23.  Every group master hospital or medical service contract issued under the terms of section 22 of this chapter shall contain the following provisions:

      1.  A provision that the contract, the application of the employer, or executive officer or trustee of any association or trustees, and the individual applications, if any, of the employees or members covered shall constitute the entire contract between the parties, and that all statements made by the employer, or the executive officer, or trustee or trustees, or by the individual employee or member shall, in the absence of fraud, be deemed representations and not warranties, and that no such statement shall be used in defense to a claim under the contract, unless it is contained in a written application.

      2.  A provision that the corporation will issue to the employer or to the executive officer or trustee of the association or to the trustees, for delivery to each of the employees or members who are covered under such contract, an individual certificate setting forth a statement as to the hospital or medical service to which he is entitled.

      3.  A provision that to the group or class thereof originally covered shall be added from time to time all new employees of the employer or members of the association eligible to and applying for coverage in such group or class.

      4.  A statement that such contract is not in lieu of and does not affect any requirement or coverage by workmen’s compensation insurance.

      5.  Such provisions as may be promulgated by the commissioner from time to time.

      Sec. 24.  Blanket hospital or medical service contracts may be issued to a college or school or to the head or principal thereof or to the governing board of any school district providing for services to pupils of such schools when such services are required as the result of accident to such pupils while they are required to be in or on buildings or other premises of the school or district during the time they are required to be therein or thereon by reason of their attendance upon a college or regular day school or any regular day school of a school district or while being transported to and from school or other place of instruction. No pupil shall be compelled to accept such service without the consent of his parent or guardian.

      Sec. 25.  A hospital or medical service contract or certificate of individual coverage under a group contract shall not be issued or delivered in this state until a copy of the form thereof, and, if more than one class of risk is written, of the classification of risks, and the consideration payable by the subscriber pertaining thereto are filed with the commissioner and either:

      1.  Thirty days expires without notice from the commissioner after such copy is filed; or

      2.  The commissioner gives his written approval prior to that time.


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

ê1963 Statutes of Nevada, Page 1090 (Chapter 408, SB 119)ê

 

      Sec. 26.  1.  A corporation subject to the provisions of this chapter is permitted to provide group hospital or medical service coverage prior to the approval of the form of the contract or certificate if all the conditions of subsection 2 of this section are met prior thereto and if thereafter it acts as required by subsection 3.

      2.  The conditions referred to in subsection 1 are that:

      (a) The group is one eligible for coverage pursuant to the provisions of this chapter.

      (b) An executed memorandum has been or is concurrently delivered to the subscriber containing a provision that unless a group hospital or medical service certificate, the form of which has been approved by the commissioner, which is issued under a group hospital or medical service contract the form of which has been approved by the commissioner, and which embodies the coverage, has been issued and delivered to the subscriber within 90 days after the date on which the coverage is provided or agreed to be provided, the coverage provided pursuant to such memorandum terminates 120 days after such date. The memorandum shall contain a specification in either complete or summary form of:

             (1) The class or classes of employees eligible for coverage.

             (2) The benefits to be provided.

             (3) The exceptions and reductions to such benefits, if any.

      3.  A corporation subject to the provisions of this chapter providing coverage pursuant to this section shall:

      (a) Within 60 days after the date on which the coverage is provided or agreed to be provided, submit to the commissioner for approval a form of a group hospital or medical service contract, and a form of a certificate of individual coverage, drafted to provide the coverage provided by such memorandum and to meet all requirements of law.

      (b) Make such revisions in the contract and certificate submitted as the commissioner may lawfully require.

      (c) Terminate such coverage in accordance with the provisions of paragraph (b) of subsection 2 of this section if approval of such contract and certificate is not secured within the time specified therein.

      Sec. 27.  1.  Upon written request from the corporation subject to the provisions of this chapter filed within 50 days after the date on which the coverage is provided or agreed to be provided and upon proof satisfactory to him that the corporation is acting with due diligence and that hardship will result unless an extension is granted, the commissioner may extend the time set forth in paragraph (a) of subsection 3 of section 26 of this chapter for a period of not to exceed 30 days. Upon such extension, the corporation with the consent of the subscriber may amend the memorandum referred to in paragraph (b) of subsection 2 of section 26 of this chapter to extend the time within which the certificate must be issued and delivered to the subscriber to 30 days after the date to which the commissioner has extended the time within which a form of contract and certificate must be submitted to him for approval and to extend the date for termination of coverage to 30 days thereafter.


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

ê1963 Statutes of Nevada, Page 1091 (Chapter 408, SB 119)ê

 

      2.  A contract and certificate submitted to the commissioner with a letter from the corporation stating that coverage has been provided in accordance with this section shall be automatically approved unless the commissioner disapproves the same within 30 days of the date of its submission to him.

      Sec. 28.  The commissioner may suspend or revoke the permission granted by section 26 of this chapter if, after notice and hearing, he finds that the corporation has:

      1.  Misrepresented the conditional nature of the coverage.

      2.  Neglected or refused either to cancel or otherwise terminate such coverage within the time required by such section.

      3.  Delivered any such memorandum which did not comply with such section.

      4.  Shown a lack of diligence in making revisions in the contract or certificate necessary to obtain its approval by the commissioner.

      5.  Failed so often in so many important respects in drafting any such contract or certificate to conform to the applicable requirements of the insurance laws that a conclusion of lack of good faith or competency in drafting is reasonably justified.

      6.  Circulated announcements of coverage to individual subscribers which failed to advise them of the conditional nature of the coverage.

      7.  In any other manner so negligently or carelessly handled the effecting of group hospital or medical service coverage under section 26 of this chapter or the administration thereof that the subscriber or the persons covered by the contract or certificate have been misled or exposed to the danger of loss.

      Sec. 29.  If the commissioner notifies the corporation, in writing, that the filed form does not comply with the requirements of law, specifying the reasons for his opinion, it is unlawful for the corporation thereafter to issue any contract in such form.

      Sec. 30.  The commissioner may after notice and hearing promulgate such reasonable rules and regulations, not inconsistent with the provisions of this chapter, relating to the substance, for and issuance of any contract covering the furnishing of hospital or medical services and required to be approved by him as are necessary or desirable. Such rules and regulations shall not prohibit the use in any such contract or agreement of:

      1.  The word “subscriber” as a designation of the obligee.

      2.  The phrase “a family member” as a designation for the members of the family of the obligee.

      3.  The word “contract” or “agreement” as a designation for the undertakings of the hospital or medical service corporation.

      4.  The phrases “furnishing of service” or “payment of benefits” as a designation for the commitments of the hospital or medical service corporation.

      5.  The phrase “the service” as a designation for the corporate obligor in any such contract or agreement.

      Sec. 31.  Any nonprofit hospital or medical service corporation organized and created under the provisions of this chapter and engaged in the operation of a hospital or medical service plan may contract, without regard to the limitations in respect to contracts imposed by this chapter, with any agency, instrumentality or political subdivision of the United States of America or of the State of Nevada for the furnishing of hospital or medical service and care and, in aid or furtherance of such contract, may accept, receive and administer, in trust, funds directly or indirectly made available by such agency, instrumentality or political subdivision.


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

ê1963 Statutes of Nevada, Page 1092 (Chapter 408, SB 119)ê

 

without regard to the limitations in respect to contracts imposed by this chapter, with any agency, instrumentality or political subdivision of the United States of America or of the State of Nevada for the furnishing of hospital or medical service and care and, in aid or furtherance of such contract, may accept, receive and administer, in trust, funds directly or indirectly made available by such agency, instrumentality or political subdivision. Any such nonprofit hospital or medical service corporation may subcontract with any organization which has contracted with any agency, instrumentality or political subdivision of the United States of America or of the State of Nevada for the furnishing of medical and hospital services, by which subcontract such hospital or medical service corporation undertakes to furnish the hospital or medical services required by the basic contract.

      Sec. 32.  Any nonprofit hospital or medical service corporation subject to the provisions of this chapter shall be subject to the same taxes, licenses, fees and, to the extent not regulated by the provisions of this chapter, the same supervision as a mutual insurance company organized under the laws of the State of Nevada.

 

________

 

 

CHAPTER 409, SB 274

Senate Bill No. 274–Senators Gallagher, Brown, Lamb and Whitacre (by request of Legislative Commission)

CHAPTER 409

AN ACT to amend chapter 424 of NRS, relating to foster homes for children, by adding new sections defining terms; making it unlawful for any person to operate a child care facility in this state for compensation without having secured a license from the state welfare department; requiring the department to establish minimum standards for the conduct of child care facilities; authorizing the department to grant and renew licenses for the operation of child care facilities; providing such new sections are applicable only in counties having a population of less than 80,000; requiring boards of county commissioners of counties having a population of 80,000 or more and governing bodies of cities therein to establish minimum standards for the conduct of child care facilities and to provide for the licensing of such facilities; requiring the department to conduct hearings in certain cases and to establish rules for the conduct of such hearings; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  Chapter 424 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  As used in sections 3 to 7, inclusive, of this act:

      1.  “Child care facility” means any home, private institution or group furnishing care to two or more children under 16 years of age on a temporary or permanent basis during the day or overnight for compensation, but does not include the home of a natural parent or guardian or a public institution.


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

ê1963 Statutes of Nevada, Page 1093 (Chapter 409, SB 274)ê

 

compensation, but does not include the home of a natural parent or guardian or a public institution.

      2.  “Person” means an individual, partnership, firm, corporation or association.

      Sec. 3.  It is unlawful for any person to operate a child care facility in this state for compensation without securing and having in full force a license issued by the state welfare department.

      Sec. 4.  1.  The state welfare department, subject to the approval of the state welfare board, shall establish minimum standards for the conduct of child care facilities.

      2.  All licensed child care facilities shall conform to the standards established as provided in subsection 1.

      Sec. 5.  1.  The application for a license to operate a child care facility shall be in a form prescribed by the state welfare department. The license shall state to whom it is issued, and the fact that it shall be in force and effect for 1 year from the date of issuance.

      2.  The issuance of a license by the state welfare department to any person for the operation of a child care facility shall be based upon reasonable and satisfactory assurance to the department that the person applying for such license will comply with the minimum standards for the conduct of child care facilities established by the department as provided in section 4 of this act.

      3.  The state welfare department shall renew any license for the operation of a child care facility if the department is satisfied that the person seeking such renewal has complied with the minimum standards established by the department for the conduct of child care facilities. Any license so renewed shall continue in force for 1 year from the date of renewal.

      Sec. 6.  1.  The state welfare department shall conduct a hearing before the state welfare board upon the petition of any person to whom the department has refused to issue a license to operate a child care facility, or whose license the department has revoked or refused to renew.

      2.  The state welfare department shall, subject to the approval of the attorney general, establish rules and regulations for the conduct of such hearings.

      Sec. 7.  1.  The provisions of sections 2 to 6, inclusive, of this act shall not apply in any county having a population of 80,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce. In counties having a population of 80,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the governing bodies of cities and the boards of county commissioners, as the case may be, shall by ordinance establish minimum standards for the conduct of child care facilities and provide for the licensing of such facilities within their respective jurisdictions.

      2.  Nothing in this section shall be construed to apply to foster homes in any county having a population of 80,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, licensed by the state welfare department pursuant to the provisions of NRS 424.010 to 424.100, inclusive, and used exclusively by the state welfare department.


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

ê1963 Statutes of Nevada, Page 1094 (Chapter 409, SB 274)ê

 

homes in any county having a population of 80,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, licensed by the state welfare department pursuant to the provisions of NRS 424.010 to 424.100, inclusive, and used exclusively by the state welfare department.

 

________

 

 

CHAPTER 410, SB 201

Senate Bill No. 201–Senator Brown

CHAPTER 410

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

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  The following terms, wherever used or referred to in this act, have the following meaning unless a different meaning clearly appears in the context:

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

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

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

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

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

      Sec. 2.  After the effective date and in accordance with the provisions of this act, the board of regents of the University of Nevada is authorized, from time to time, to issue and sell revenue certificates of the University of Nevada not to exceed in the aggregate a total of $818,000, and to acquire with the proceeds thereof dormitory and dining facilities for Nevada Southern, the regional branch of the University of Nevada in Clark County, Nevada, at a total cost not to exceed $818,000.


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

ê1963 Statutes of Nevada, Page 1095 (Chapter 410, SB 201)ê

 

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

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

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

      2.  Sue and be sued.

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

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

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

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

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

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

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

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

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

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


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

ê1963 Statutes of Nevada, Page 1096 (Chapter 410, SB 201)ê

 

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

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

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

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

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

      5.  To make and enforce and agree to make and enforce reasonable parietal rules that shall insure the use of such project by all students in attendance at Nevada Southern, the regional branch of the University of Nevada in Clark County, Nevada, who do not reside in the city of Las Vegas, Nevada, and environs, to the maximum extent to which such project is capable of serving such students.

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

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

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

 


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

ê1963 Statutes of Nevada, Page 1097 (Chapter 410, SB 201)ê

 

accrued thereon, and then only in accordance with any agreements with the holder or holders of such revenue certificates; or

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

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

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

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

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


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

ê1963 Statutes of Nevada, Page 1098 (Chapter 410, SB 201)ê

 

Nevada, in the issuance of such revenue certificates and for their security, which a private business corporation might do.

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

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

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

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

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

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

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

      Sec. 12.  The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special;


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

ê1963 Statutes of Nevada, Page 1099 (Chapter 410, SB 201)ê

 

and revenue certificates may be issued hereunder without regard to the procedure required by any other such law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.

      Sec. 13.  If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

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

 

________

 

 

CHAPTER 411, SB 300

Senate Bill No. 300–Committee on Finance

CHAPTER 411

AN ACT appropriating $15,000 from the general fund in the state treasury to the legislative fund.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $15,000.

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

 

________

 

 

CHAPTER 412, SB 277

Senate Bill No. 277–Committee on Finance

CHAPTER 412

AN ACT appropriating moneys from the general fund and the state highway fund for the purpose of effecting pay grade adjustments for employees of the State of Nevada in the classified service for the biennium commencing July 1, 1963, and ending June 30, 1965; imposing certain duties on the director of the state department of personnel and the state board of examiners; providing for the reversion of unexpended appropriated moneys; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  1.  Except as otherwise provided in section 2, there is hereby appropriated from the general fund in the state treasury, for the period from July 1, 1963, to June 30, 1965, the sum of $600,000 for the purpose of meeting any deficiencies which may be created between the appropriated funds of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 52nd session of the legislature, and the salary requirements of classified personnel of such departments, commissions and agencies needed under an adjusted pay plan to become effective on and after July 1, 1963.


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

ê1963 Statutes of Nevada, Page 1100 (Chapter 412, SB 277)ê

 

between the appropriated funds of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 52nd session of the legislature, and the salary requirements of classified personnel of such departments, commissions and agencies needed under an adjusted pay plan to become effective on and after July 1, 1963.

      2.  The state board of examiners, upon the recommendation of the director of the state department of personnel, is authorized to allocate and disburse to the various departments, commissions and agencies of the State of Nevada, out of the sum of $600,000 herein appropriated, such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the salary needs of such respective departments, commissions and agencies under the adjusted pay plan.

      Sec. 2.  1.  There is hereby appropriated from the state highway fund for the period from July 1, 1963, to June 30, 1965, the sum of $118,056 for the purpose of meeting any deficiencies which may exist between the appropriated funds of the department of motor vehicles, as fixed by the 52nd session of the legislature, and the salary requirements of classified personnel of the department of motor vehicles needed under an adjusted pay plan to become effective on or after July 1, 1963.

      2.  The state board of examiners, upon the recommendation of the director of the state department of personnel, is authorized to allocate and disburse to the department of motor vehicles, out of the sum of $118,056 herein appropriated, such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the salary needs of the department of motor vehicles under the adjusted pay plan.

      Sec. 3.  The balance of any moneys herein appropriated remaining unexpended on June 30, 1965, shall revert to the fund from which such moneys were appropriated.

 

________

 

 

CHAPTER 413, SB 295

Senate Bill No. 295–Committee on Finance

CHAPTER 413

AN ACT providing an additional and supplemental appropriation from the general fund in the state treasury for the support of the office of the superintendent of banks for the fiscal year ending June 30, 1963.

 

[Approved April 26, 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 $1,280 for the support of the office of the superintendent of banks as an additional and supplemental appropriation to that allowed and made by section 46 of chapter 316, Statutes of Nevada 1961.


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

ê1963 Statutes of Nevada, Page 1101 (Chapter 413, SB 295)ê

 

sum of $1,280 for the support of the office of the superintendent of banks as an additional and supplemental appropriation to that allowed and made by section 46 of chapter 316, Statutes of Nevada 1961.

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

 

________

 

 

CHAPTER 414, SB 262

Senate Bill No. 262–Senators Brown, Gallagher, Whitacre, Monroe, Frank, Parks, Lemaire, Humphrey, Bissett, Bay, Lamb, Dial, McGowan, Slattery and Fransway

CHAPTER 414

AN ACT to amend NRS section 426.430, relating to net earned income to be disregarded in computing amounts of aid to the blind, by providing that net earnings and other income and resources shall be disregarded to the extent required or permitted by federal law or regulation; and by providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  NRS 426.430 is hereby amended to read as follows:

      426.430  [1.]  In determining the need of an applicant for or recipient of aid to the blind, only such income and resources as are actually and immediately available to the individual for his support shall be taken into consideration in computing the amount of aid to which such individual is entitled, except that [the first $50 per month of net earned income shall be entirely disregarded in making such determination. Net earned income so disregarded in the case of an individual claiming aid to the blind shall not be considered in any case as income available for the support of any member of his family or other relative applying for any form of relief or assistance in the state. All expenses incident to the earning of such disregarded income shall be deducted from the individual’s gross earnings in determining net earned income.

      2.  If, when, and during such times as the amount of earned income permitted or required to be disregarded, in determining need, by statute or regulations of the Federal Government shall be increased, the amount of net earned income required to be disregarded under the provisions of this section shall be immediately increased to the maximum extent permitted or required by the statute or regulation of the Federal Government.] there shall be disregarded in making such determination all such amounts of net earnings or other income and resources as now are or hereafter may be permitted or required to be disregarded under federal law or regulations providing grants to this state for aid to the blind.

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1102ê

 

CHAPTER 415, SB 260

Senate Bill No. 260–Committee on Finance

CHAPTER 415

AN ACT appropriating $246.36 for the relief of the heirs and creditors of Forrest D. Lemley.

 

[Approved April 26, 1963]

 

      Whereas, Mr. Forrest D. Lemley was an employee of the State of Nevada, and worked as an attendant at the Nevada state hospital until his death on December 29, 1961; and

      Whereas, At the time of Mr. Lemley’s death, the sum of $194.10 was due him as salary for services performed and the sum of $52.26 was due him for accumulated vacation leave, totaling $246.36; and

      Whereas, Various delays in the settlement of the small estate precluded the possibility of the state controller paying the money to the heirs and creditors in accordance with the provisions of NRS 353.130 and 353.145 and the time limits specified therein; now, therefore,

 

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

do enact as follows:

 

      Section1.  There is hereby appropriated from the general fund in the state treasury, the sum of $246.36 for the relief of the heirs and creditors of Forrest D. Lemley. The state controller is hereby directed to draw his warrant for the sum of $246.36 payable to the heirs of Forrest D. Lemley, or to the creditors for medical and funeral expenses as specified by the heirs, and the state treasurer is hereby directed to pay such warrant.

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

 

________

 

 

CHAPTER 416, SB 173

Senate Bill No. 173–Senator Dial

CHAPTER 416

AN ACT authorizing and directing the conveyance, without consideration, of the maintenance yard buildings south of Carson City from the department of highways to the Ormsby County school district, and requiring the school district to move them from their present location in such time as the department of highways designates.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  The board of directors of the department of highways of the State of Nevada is hereby authorized and directed, on behalf of the State of Nevada to convey, without consideration, to the Ormsby County school district, in fee simple, those certain buildings located south of Carson City, Nevada, known as the highway department maintenance yard buildings.


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

ê1963 Statutes of Nevada, Page 1103 (Chapter 416, SB 173)ê

 

      Sec. 2.  The aforementioned conveyance shall be null and void if the Ormsby County school district does not move the buildings herein conveyed from their present location within such reasonable time as the department of highways designates from the effective date of this act.

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

 

________

 

 

CHAPTER 417, SB 281

Senate Bill No. 281–Senator Brown

CHAPTER 417

AN ACT appropriating money from the state highway fund for the payment of power and water heretofore furnished by P. A. Simon to the Nevada highway patrol checking station at Jean, Nevada.

 

[Approved April 26, 1963]

 

      Whereas, From 1955 to 1960, P. A. Simon, doing business as Pop’s Oasis Motel, at Jean, Nevada, furnished power and water for the Nevada highway patrol checking station then located at Jean, Nevada; and

      Whereas, The reasonable value of such power and water furnished by P. A. Simon is $2,244.60, which amount has not been paid; now, therefore,

 

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

do enact as follows:

 

      Section1.  The sum of $2,244.60 is hereby appropriated from the state highway fund in the state treasury in full payment for power and water supplied by P. A. Simon to the Nevada highway patrol checking station located at Jean, Nevada, for the period 1955-1960. The state controller is hereby directed to draw his warrant for the sum of $2,244.60 payable to the order of P. A. Simon, and the state treasurer is hereby directed to pay such warrant.

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1104ê

 

CHAPTER 418, SB 285

Senate Bill No. 285–Committee on Judiciary

CHAPTER 418

AN ACT to amend chapter 212 of NRS, relating to prisons and prisoners, by adding a new section establishing powers of California correctional officers transporting California prisoners from one California correctional facility to another via Nevada; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  Chapter 212 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      When, pursuant to California Law, a California correctional officer has in his custody in Nevada a prisoner of the State of California whom he is transporting from one California correctional facility to another via Nevada, such correctional officer shall have the power to maintain custody of the prisoner in Nevada, and to retake the prisoner if he should escape in Nevada, to the same extent as if such correctional officer were a peace officer appointed under Nevada law and the prisoner had been committed to his custody in proceedings under Nevada law.

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

 

________

 

 

CHAPTER 419, SB 286

Senate Bill No. 286–Senator Brown

CHAPTER 419

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 26, 1963]

 

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

do enact as follows:

 

      Section1.  Section 53 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 99, Statutes of Nevada 1947, at page 333, is hereby amended to read as follows:

      Section 53.  Expenses, How Proportionately Paid.  Such part of the expenses for the installation or reinstallation, laying or relaying, or repairs of sewers or drains, or the construction or reconstruction, or repairs of disposal plants, or improving any streets, lanes, avenues, or alleys by grading or regrading, paving or repaving, graveling or regraveling, curbing or recurbing, parking or reparking, constructing or reconstructing sidewalks or crosswalks, repairing or otherwise improving the same, as the board shall determine, may be paid from the general fund or district street fund, from the proper street district, or the said cost of a portion thereof, as the board shall determine, may be defrayed by special assessment upon lots and premises abutting upon such improvement or proposed improvement, or the lands abutting upon such improvement or proposed improvement and such other lands as in the opinion of the board may be benefited by the improvement.


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

ê1963 Statutes of Nevada, Page 1105 (Chapter 419, SB 286)ê

 

the general fund or district street fund, from the proper street district, or the said cost of a portion thereof, as the board shall determine, may be defrayed by special assessment upon lots and premises abutting upon such improvement or proposed improvement, or the lands abutting upon such improvement or proposed improvement and such other lands as in the opinion of the board may be benefited by the improvement. When the board shall determine to make any public improvement, such as laying or relaying pavements, installing or reinstalling street lights, constructing, reconstructing or repairing sewers, installing waterlines and accessories thereto, fire hydrants, drains, sidewalks, and crosswalks, curbing, recurbing, concreting, reconcreting, macadamizing, remacadamizing, oiling, reoiling, graveling, regraveling, grading, regrading, repairing any streets, avenues, or alleys, or in any way improving the same, and shall determine to defray the whole or any part of the costs or expenses thereof by special assessment, they shall so declare by ordinance, stating the improvements and what part or proportion of the expenses thereof shall be paid by special assessments, and what amount shall be paid out of the general fund, district street fund, or any other fund.

      Sec. 2.  Section 56 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 173, Statutes of Nevada 1961, at page 270, is hereby amended to read as follows:

      Section 56.  Special Assessments-Ordinance for.  When the board shall determine to make any public improvements or repairs, in the laying of pavements or constructing sidewalks, or in the construction of sewers, installing waterlines and accessories thereto and fire hydrants, or in any way improving the streets in the city, including but not necessarily limited to intersections and spaces opposite alleys, and shall determine to defray the whole or any part of the cost and expense thereof by special assessment, they shall so declare by ordinance, stating the improvement and what part or portion of the expense shall be paid by special assessment, and what part, if any has been or is proposed to be appropriated from the general fund of the city, or from the street fund or district street fund, and whether the assessment is to be made according to benefits or frontage, and, in case the assessment is to be made according to benefits, they shall by apt description designate the district including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement and state that the assessment is to be made upon all the lands, benefited thereby proportionately to the benefits received; but in case the assessment is to be upon the property upon a frontage basis, it shall be sufficient for said ordinance to so state and to define the location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to so designate the property, district or the location that the various parts to be assessed can be ascertained and described by the city assessor.

      Sec. 3.  Section 77 1/2 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as added by chapter 132, Statutes of Nevada 1949, and as amended by chapter 173, Statutes of Nevada 1961, at page 273, is hereby amended to read as follows:

 


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

ê1963 Statutes of Nevada, Page 1106 (Chapter 419, SB 286)ê

 

chapter 132, Statutes of Nevada 1911, as added by chapter 132, Statutes of Nevada 1949, and as amended by chapter 173, Statutes of Nevada 1961, at page 273, is hereby amended to read as follows:

      Section 77 1/2.  Improvement Bonds.  When the board shall determine to make any public improvement, such as installing, reinstalling, constructing, reconstructing, repairing sewers, installing waterlines and accessories thereto and fire hydrants, drains, or storm drains, laying out, establishing, opening, altering, widening, extending any streets, avenues, or alleys, or improving the same by grading, regrading, oiling, reoiling, graveling, regraveling, paving, repaving, macadamizing, remacadamizing, concreting, reconcreting, surfacing, resurfacing, parking, reparking, curbing, recurbing, draining, cleaning, installing or reinstalling street lights, sidewalks and crosswalks, repairing or in any other way improving said streets, avenues, or alleys, including but not necessarily limited to intersections and spaces opposite alleys, and shall determine to defray the whole or any part of the cost or expense thereof by special assessment, said board may, by ordinance, at the time it directs such special assessment to be made by the assessor, or at any time thereafter while any part of said assessment remains unpaid, without submitting the question to the electors of the city at any general or special election, cause to be issued bonds of the city, in an amount not exceeding the assessments outstanding and unpaid at the end of the cash payment period, for the purpose of paying the cost or expense of such improvement. Said bonds shall be called “(insert name of street or location of sewers or drains) Improvement Bonds,” shall be signed by the mayor and countersigned by the city clerk, and shall not be sold for less than their par value nor before the work of said improvement is ordered. Said bonds may bear interest at a rate or at rates not to exceed 6 1/2 percent per annum in any 1 year; provided, however, the highest interest rate to be borne by the bonds shall be at least one-half of 1 percent less than the rate of interest to be borne by deferred installments of assessments (i.e., assessments remaining unpaid after the 30-day cash payment period) from which the bonds are payable. Said bonds may be serial or term in form, shall be payable within a period of not to exceed 10 years, and shall be in such form and denominations as the board of commissioners shall determine.

      The special assessment, when levied, shall be and remain a lien on the respective lots and parcels of land assessed from the confirmation of the final assessment roll until paid, as in this act provided, and, when collected, shall be placed in a special fund to be known as “(insert name of street or location of sewers or drains) Improvement Bond Interest and Redemption Fund,” and as such shall at all times constitute a sinking fund for and deemed specially appropriated to the payment of said bonds and interest thereon, and shall not be used for any other purpose until said bonds and the interest thereon is fully paid.

      The issuance of any bonds, as herein provided, shall be conclusive evidence of the regularity of all proceedings up to the issuance of such bonds.


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

ê1963 Statutes of Nevada, Page 1107 (Chapter 419, SB 286)ê

 

      In the event that the special fund created by the proceeds of the special assessment shall be insufficient to pay said bonds and interest thereon as they become due, the deficiency shall be paid out of the general fund.

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

 

________

 

 

CHAPTER 420, SB 288

Senate Bill No. 288–Committee on Judiciary

CHAPTER 420

AN ACT to amend the title of and to amend an act entitled “An Act placing taxicabs in cities under the jurisdiction of the public service commission of Nevada; to amend NRS sections 266.355, 704.030, 706.120 and 706.430, relating to the licensing and regulation of lawful trades and businesses by cities incorporated under the general law by deleting the power of the city to regulate charges of public vehicles; to include taxicabs within the definition of “public utility”; to increase the number of passengers from five to six in the redefinition of “taxicab motor carrier”; to require taxicabs to obtain certificates of public convenience and necessity; to repeal NRS sections 706.470 and 706.610, relating to the substitutions and additions of facilities of contract carriers and the waiver of licensing of standby equipment; and providing other matters properly relating thereto,” approved April 5, 1963.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  The above-entitled act, being chapter 237, Statutes of Nevada 1963, is hereby amended by adding thereto a new section designated section 6, which shall immediately follow section 5 and shall read as follows:

      Section 6.  Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Notwithstanding the provisions of any local, special or general law, after July 1, 1963, the governing body of any incorporated city in this state, whether incorporated by general or special act, or otherwise, shall have no power or authority to supervise or regulate any taxicab motor carrier as defined in NRS 706.120 who is under the supervision and regulation of the public service commission of Nevada pursuant to law.

      2.  Nothing contained in subsection 1 shall be construed to prohibit the governing body of any incorporated city in this state, whether incorporated by general or special act, or otherwise, from fixing, imposing and collecting a license tax on and from such taxicab motor carrier for revenue purposes only.

      Sec. 2.  The title of the above-entitled act, being chapter 237, Statutes of Nevada 1963, is hereby amended to read as follows:

      An Act placing taxicabs in cities under the jurisdiction of the public service commission of Nevada; to amend NRS sections 266.355, 704.030, 706.120 and 706.430, relating to the licensing and regulation of lawful trades and businesses by cities incorporated under the general law by deleting the power of the city to regulate charges of public vehicles; to include taxicabs within the definition of “public utility”; to increase the number of passengers from five to six in the redefinition of “taxicab motor carrier”; to require taxicabs to obtain certificates of public convenience and necessity; to repeal NRS sections 706.470 and 706.610, relating to the substitutions and additions of facilities of contract carriers and the waiver of licensing of standby equipment; to amend chapter 268 of NRS, relating to powers and duties common to cities incorporated under general or special laws, by adding a new section providing that governing bodies of incorporated cities have no jurisdiction relating to supervision and regulation of taxicab motor carriers within cities which are under the supervision of the public service commission of Nevada; and providing other matters properly relating thereto.


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

ê1963 Statutes of Nevada, Page 1108 (Chapter 420, SB 288)ê

 

704.030, 706.120 and 706.430, relating to the licensing and regulation of lawful trades and businesses by cities incorporated under the general law by deleting the power of the city to regulate charges of public vehicles; to include taxicabs within the definition of “public utility”; to increase the number of passengers from five to six in the redefinition of “taxicab motor carrier”; to require taxicabs to obtain certificates of public convenience and necessity; to repeal NRS sections 706.470 and 706.610, relating to the substitutions and additions of facilities of contract carriers and the waiver of licensing of standby equipment; to amend chapter 268 of NRS, relating to powers and duties common to cities incorporated under general or special laws, by adding a new section providing that governing bodies of incorporated cities have no jurisdiction relating to supervision and regulation of taxicab motor carriers within cities which are under the supervision of the public service commission of Nevada; and providing other matters properly relating thereto.

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

 

________

 

 

CHAPTER 421, SB 294

Senate Bill No. 294–Senator Brown

CHAPTER 421

AN ACT to amend an act entitled “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.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  Section 1 of the above-entitled act, being chapter 330, Statutes of Nevada 1963, is hereby amended to read 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] SE 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′35″ 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.,


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

ê1963 Statutes of Nevada, Page 1109 (Chapter 421, SB 294)ê

 

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;] Parcel South 47°33′ West a distance of 300 feet, to a point; 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.

 

________

 

 

CHAPTER 422, SB 267

Senate Bill No. 267–Committee on Finance

CHAPTER 422

AN ACT to amend chapter 209 of NRS, relating to the Nevada state prison, by adding a new section creating the honor camp fund; designating the source of the moneys to be placed in such fund; providing that such fund shall be a continuing fund; authorizing the state forester firewarden, as executive head of the division of forestry of the state department of conservation and natural resources, to expend the moneys in such fund for the renovation and repair of buildings at honor camps; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  Chapter 209 of NRS is hereby amended by adding thereto to a new section which shall read as follows:

      1.  There is hereby created in the state treasury the honor camp fund.

      2.  Any moneys received from the operation of any honor camp established pursuant to the provisions of this chapter, to the extent that such moneys are not used for the operation of any such camp, shall be placed in the honor camp fund.

      3.  The honor camp fund shall be a continuing fund, and no moneys in such fund shall be transferred to the general fund in the state treasury.

      4.  The state forester firewarden, as executive head of the division of forestry of the state department of conservation and natural resources, may:


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

ê1963 Statutes of Nevada, Page 1110 (Chapter 422, SB 267)ê

 

      (a) Expend the moneys in the honor camp fund for the renovation or repair of existing buildings at any honor camp.

      (b) Direct all activities in connection with any such renovation or repair of buildings at any honor camp.

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

 

________

 

 

CHAPTER 423, SB 259

Senate Bill No. 259–Committee on Finance

CHAPTER 423

AN ACT to amend chapter 353 of NRS, relating to state financial administration, by adding a new section creating the reserve for statutory contingency fund; providing that such fund shall be administered by the state board of examiners; and specifying the purposes for which the moneys in such fund may be expended; to amend NRS sections 176.610, 178.435, 179.310, 212.040, 212.050, 212.070, 214.040 and 353.120, relating to the payment of costs and expenses of pregnancy investigations of female prisoners sentenced to death, payment of expenses of examination and transportation of county charges, payment of rewards for the apprehension of robbers and escaped prisoners, payment of expenses of recapture and prosecution of escaped prisoners, payment of claims arising in connection with the interstate compact on juveniles, and authorization of refunds by the state board of examiners and payment of the state’s proportion of such refunds, by providing that such costs, expenses, rewards, claims and refunds shall be paid from the reserve for statutory contingency fund; making an appropriation from the general fund in the state treasury to the reserve for statutory contingency fund; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  Chapter 353 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  There is hereby created in the state treasury the reserve for statutory contingency fund.

      2.  The reserve for statutory contingency fund shall be administered by the state board of examiners, and the moneys in such fund shall be expended only for the payment of claims which are obligations of the state under NRS 176.610, 178.435, 179.310, 212.040, 212.050, 212.070, 214.040 and 353.120.

      Sec. 2.  NRS 176.610 is hereby amended to read as follows:

      176.610  [1.]  The costs and expenses of the inquisitions provided in NRS 176.530 to 176.600, inclusive, shall be borne by the state and paid in the following manner. The costs and expenses of an inquisition shall first be paid by county warrants drawn upon the order of the district judge. The county clerk shall then present a claim to the state board of examiners for the amount of such costs and expenses so ordered paid by the district judge. Upon approval of the claim by the state board of examiners, the state controller shall draw his warrant for the payment thereof, and the state treasurer shall pay the same [.


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

ê1963 Statutes of Nevada, Page 1111 (Chapter 423, SB 259)ê

 

      2.  The convicted persons’ inquisition fund is hereby created. Payment of the costs and expenses of the inquisition shall be paid from the fund. Any balance of the $1,000 appropriated by section 10 of chapter 28, Statutes of Nevada 1943, remaining in the fund at the end of a biennium shall remain in the fund, and, together with such subsequent appropriations as may be deemed necessary, shall constitute a continuing fund.] from the reserve for statutory contingency fund.

      Sec. 3.  NRS 178.435 is hereby amended to read as follows:

      178.435  The expenses of the examination and of the sending of such persons, save convicts in the state prison, to and from the Nevada state hospital shall be in the first instance chargeable to the county from which they shall have been sent. But the county may recover them from the estates of any such persons, or from a relative legally bound to care for them, or from the county of which such persons may be resident. Expenses of the examination and of the sending of any insane convict to and from the Nevada state hospital must be borne by the state, if he is impecunious [.] , and shall be paid from the reserve for statutory contingency fund upon approval by the state board of examiners.

      Sec. 4.  NRS 179.310 is hereby amended to read as follows:

      179.310  1.  The governor shall offer a standing reward of $250 for the arrest of:

      (a) Each person engaged in the robbery of, or in the attempt to rob, any person or persons upon, or having in charge in whole or in part, any railroad train or other conveyance engaged at the time in conveying passengers, or any private conveyance within this state.

      (b) Each person engaged in the robbery of, or in the attempt to rob, any person or persons upon any highway in this state.

      2.  The reward shall be paid to the person or persons making the arrest immediately upon the conviction of the person or persons so arrested, but no reward shall be paid except after such conviction.

      3.  The reward shall be paid from the reserve for statutory contingency fund upon approval by the state board of examiners.

      4.  The provisions of this section shall not apply to any sheriff, constable, marshal or police officer who shall make such arrest in the performance of the duties of his office in the county where such officer resides or in which his official duties are required to be performed.

      Sec. 5.  NRS 212.040 is hereby amended to read as follows:

      212.040  If an escape is not the result of carelessness, incompetency, or other official delinquency of the warden or other officers of the state prison, any and all expenses of enforcing the provisions of NRS 212.030, or in any wise appertaining to the recapture and return of escaped convicts to the state prison, shall be a charge against the state, and shall be paid out of the [general fund.] reserve for statutory contingency fund upon approval by the state board of examiners.

      Sec. 6.  NRS 212.050 is hereby amended to read as follows:

      212.050  If any person who has been sentenced to confinement in the state prison, by any court having competent authority within this state, shall escape therefrom, or shall be charged with murder, or the perpetration of any crime punishable with death, the governor is authorized and required, upon satisfactory evidence of the guilt of the accused, to offer a reward for his apprehension, which reward shall not exceed the sum of $5,000, and shall be paid out of the [general fund.]


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

ê1963 Statutes of Nevada, Page 1112 (Chapter 423, SB 259)ê

 

accused, to offer a reward for his apprehension, which reward shall not exceed the sum of $5,000, and shall be paid out of the [general fund.] reserve for statutory contingency fund upon approval by the state board of examiners.

      Sec. 7.  NRS 212.070 is hereby amended to read as follows:

      212.070  The expenses and costs of prosecuting any person or persons for escaping from, or breaking out of, the state prison, or attempting so to do, or for the commission of any crime while a prisoner therein, shall be a state charge, and shall be paid from the [general fund.] reserve for statutory contingency fund upon approval by the state board of examiners.

      Sec. 8.  NRS 214.040 is hereby amended to read as follows:

      214.040  [Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund and shall be paid out on claims as other claims against the state are paid. All such claims shall be approved by the compact administrator.] All claims which arise under the provisions of this chapter shall be paid from the reserve for statutory contingency fund upon approval by the compact administrator.

      Sec. 9.  NRS 353.120 is hereby amended to read as follows:

      353.120  1.  Whenever it shall appear to the state board of examiners by competent evidence that money has been paid into the state treasury under any of the circumstances mentioned in NRS 353.110, the state board of examiners, by its unanimous resolution, may direct the state treasurer to refund to the applicant the amount of money so paid into the state treasury in excess of the amount legally paid.

      2.  [For the purpose of paying the state’s proportion of any refund of money which may be made to claimants under NRS 353.110 to 353.125, inclusive, the sum of $1,000 annually is hereby appropriated out of any moneys in the general fund of the state treasury not otherwise appropriated, any surplus therefrom to revert to the general fund.] The state’s proportion of any refund of money which may be made to claimants under NRS 353.110 to 353.125, inclusive, shall be paid from the reserve for statutory contingency fund upon approval by the state board of examiners.

      Sec. 10.  There is hereby appropriated from the general fund in the state treasury to the reserve for statutory contingency fund the sum of $10,000.

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1113ê

 

CHAPTER 424, SB 258

Senate Bill No. 258–Committee on Taxation

CHAPTER 424

AN ACT to amend chapter 704 of NRS, relating to regulation of public utilities, by adding new sections providing for an annual assessment on all public utilities, except motor vehicle carriers, based on gross operating revenues from intrastate operations; prescribing methods of notice and collection of such assessment; prohibiting the levy of such assessment under certain circumstances; creating the public service commission regulatory fund; providing for the sources, uses and disbursement of moneys in such fund; and bringing certain cooperative associations and nonprofit corporations within some of the laws governing public utilities; to amend NRS sections 704.020 and 704.330, which define “public utility” and relate to certificates of public convenience and necessity, by clarifying such definition and providing for elimination of duplications of service by public utilities; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  1.  Except as provided in section 4 of this act, the commission shall levy and collect an annual assessment from all public utilities subject to the jurisdiction of the commission, except motor vehicle carriers subject to the provisions of chapter 706 of NRS.

      2.  The annual assessment shall be not more than 1 1/2 mills on each dollar of gross operating revenue derived from the intrastate operations of such utilities in the State of Nevada during the preceding calendar year. In the case of:

      (a) Telephone utilities, such revenue shall be deemed to be local service revenues plus intrastate toll revenues.

      (b) Railroads and airlines, such revenue shall be deemed to be revenue received only from freight and passenger intrastate movements.

      3.  All moneys collected by the commission pursuant to the provisions of sections 2 to 5, inclusive, of this act shall be deposited in the state treasury to the credit of the public service commission regulatory fund which is hereby created.

      Sec. 3.  1.  The commission shall determine as soon as practicable after April 15 of each year the gross operating revenue of each public utility for the preceding calendar year.

      2.  Notice of the assessment and the amount thereof shall be given no later than June 1 of each year to each public utility assessed by registered or certified mail to the address of such public utility on file with the commission, but failure to notify any such utility shall not invalidate the assessment with respect thereto.

      3.  The assessment shall be due and payable on July 1 of each year but may, at the option of the public utility, be paid quarterly on July 1, October 1, January 1 and April 1.

      4.  The commission may bring an appropriate action in its own name for the collection of any assessment which is not paid on the dates required in subsection 3.


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

ê1963 Statutes of Nevada, Page 1114 (Chapter 424, SB 258)ê

 

      Sec. 4.  1.  The public service commission regulatory fund shall be a continuing fund, and no moneys in such fund shall revert to the general fund at any time.

      2.  If, on June 1 of any fiscal year, there remains in such fund an amount in excess of $100,000, no assessment shall be levied for the next-succeeding fiscal year.

      3.  All moneys in such fund shall be paid out on claims approved by the state board of examiners in the same manner as other claims against the state are paid.

      Sec. 5.  Moneys in the public service commission regulatory fund shall be used only to defray the costs of:

      1.  Maintaining a competent staff and equipment to regulate adequately all public utilities subject to the provisions of sections 2 to 5, inclusive, of this act.

      2.  Participating in all rate cases involving such utilities.

      3.  Investigations, inspections, audits and reports in connection with such regulation and participation.

      4.  All travel expenses and subsistence allowances of commission members and staff.

      Sec. 6.  Every cooperative association or nonprofit corporation or association and every other supplier of services described in this chapter supplying such services for the use of the public and for the use of its own members is hereby declared to be affected with a public interest, to be a public utility, and to be subject to the jurisdiction, control and regulation of the commission and to the provisions of this chapter; but in the case of the acquisition of the certificate or all or any part of the territory of a public utility, as defined in paragraph (b) of subsection 2 of NRS 704.020, by a cooperative association or nonprofit corporation or association which prior to the effective date of this act had supplied services for the use of its own members only, this paragraph shall not be applicable for a period of 6 months or the expiration of such reasonable extension or extensions of such 6-month period as may be ordered by the commission, during which period the cooperative association or nonprofit corporation or association may enroll as its members the customers of the public utility whose certificate or territory was acquired so as to make such acquiring cooperative association or nonprofit corporation or association subject only to the limited jurisdiction, control and regulation of the commission, and only to the specific provisions of chapter 704 of NRS as provided by section 7 of this act.

      Sec. 7.  Every cooperative association or nonprofit corporation or association and every other supplier of services described in this chapter supplying such services for the use of its own members only is hereby declared to be affected with a public interest, to be a public utility, and to be subject to the jurisdiction, control and regulation of the commission for the purposes of NRS 704.330, 704.350 to 704.410, inclusive, 704.430 and sections 2 to 5, inclusive, of this act, but shall not be subject to any other jurisdiction, control and regulation of the commission or to the provisions of any section not specifically mentioned in this section.


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

ê1963 Statutes of Nevada, Page 1115 (Chapter 424, SB 258)ê

 

      Sec. 8.  1.  Every cooperative association or nonprofit corporation or association and every other supplier of services described in this chapter which has, prior to the effective date of this act, supplied such services for the use of the public or for the use of its own members, or has constructed facilities to provide such services and has done so prior to March 15, 1963, is hereby entitled to receive a certificate of public convenience and necessity from the commission to cover such facilities and such area as it served prior to the effective date of this act.

      2.  Every cooperative association or nonprofit corporation or association and every other supplier of services described in this chapter which has, prior to the effective date of this act, supplied such services and is thereby entitled to a certificate of public convenience and necessity for such facilities and area served shall file with the commission a statement setting forth:

      (a) The name or names of the cooperative association or nonprofit corporation or association, as the case may be, by whom the facilities have been operated.

      (b) A physical description of all of the plant and facilities used by such association in rendering such service.

      (c) A general description of the area or territory served.

      (d) Such other information as the commission may reasonably prescribe.

      3.  The commission shall, within 60 days after receiving such statement, issue a certificate of public convenience and necessity to the cooperative association or nonprofit corporation or association. The certificate of public convenience and necessity shall contain a description of the territory which has been served by such cooperative association or nonprofit corporation or association prior to the effective date of this act, and such territory shall be considered the service area within which the cooperative association or nonprofit corporation or association may conduct its business within the State of Nevada.

      Sec. 9.  NRS 704.020 is hereby amended to read as follows:

      704.020  1.  As used in this chapter, “public utility” shall mean and embrace:

      (a) Any person, partnership, corporation, company, association, their lessees, trustees or receivers (appointed by any court whatsoever) that now, or may hereafter, own, operate, manage, or control any railroad or part of a railroad as a common carrier in this state, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether owned by such railroads or otherwise.

      (b) Any person, partnership, corporation, company or association owning or operating automobiles, auto trucks or other self-propelled vehicles engaged in transporting persons or property for hire over and along the highways of this state as common carriers.

      (c) Express companies, telegraph and telephone companies.

      (d) Any plant, property or facility furnishing facilities to the public for the transmission of intelligence via electricity. The provisions of this paragraph do not apply to interstate commerce.


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

ê1963 Statutes of Nevada, Page 1116 (Chapter 424, SB 258)ê

 

      (e) Radio or broadcasting instrumentalities except those subject to the jurisdiction of the Federal Communications Commission and airship common and contract carriers.

      (f) All companies which may own cars of any kind or character, used and operated as a part of railroad trains, in or through this state.

      All duties required of and penalties imposed upon any railroad or any officer or agent thereof shall, insofar as the same are applicable, be required of and imposed upon the owner or operator of such automobiles, auto trucks or other self-propelled vehicles transporting persons or property for hire over and along the highways of this state as common carriers, express companies, telegraph and telephone, radio, broadcasting, airship companies, and companies which may own cars of any kind or character, used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission shall have the power of supervision and control of all such companies and individuals to the same extent as of railroads.

      2.  “Public utility” shall also embrace:

      (a) Any person, partnership, corporation, company, association, their lessees, trustees or receivers (appointed by any court whatsoever) that now or hereafter may own, operate or control any ditch, flume, tunnel or tunnel and drainage system, charging rates, fares or tolls, directly or indirectly.

      (b) Any plant or equipment, or any part of a plant or equipment, within the state for the production, delivery or furnishing for or to other persons, firms, associations, or corporations, private or municipal, heat, gas, coal slurry, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service, whether within the limits of municipalities, towns or villages, or elsewhere.

      The commission is hereby invested with full power of supervision, regulation and control of all such utilities, subject to the provisions of this chapter and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village, unless otherwise provided by law.

      3.  The provisions of this chapter and the term “public utility” shall apply to:

      (a) The transportation of passengers and property and the transmission or receipt of messages, intelligence or entertainment, between points within the state.

      (b) The receiving, switching, delivering, storing and hauling of such property, and receiving and delivering messages.

      (c) All charges connected therewith, including icing charges and mileage charges.

      (d) All railroads, corporations, airships, automobiles, auto trucks, or other self-propelled vehicles, express companies, car companies, freight and freightline companies, and all associations of persons, whether incorporated or otherwise, that shall do any business as a common carrier upon or over any line of railroad or any public highway within this state.

      (e) Any common carrier engaged in the transportation of passengers and property, wholly by rail, or partly by rail and partly by water, or by air, or property by pipeline.


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

ê1963 Statutes of Nevada, Page 1117 (Chapter 424, SB 258)ê

 

and property, wholly by rail, or partly by rail and partly by water, or by air, or property by pipeline.

      Sec. 10.  NRS 704.330 is hereby amended to read as follows:

      704.330  1.  Every public utility owning, controlling, operating or maintaining or having any contemplation of owning, controlling or operating any public utility shall, before beginning such operation or continuing operations or construction of any line, plant or system or any extension of a line, plant or system within this state, obtain from the commission a certificate that the present or future public convenience or necessity requires or will require such continued operation or commencement of operations or construction.

      2.  Except as to motor common carriers, nothing herein shall be construed as requiring a public utility to secure such certificate for any extension within any town or city within which it shall theretofore have lawfully commenced operations or for an extension into territory either within or without the city or town as long as such extension:

      (a) Is to serve a telephone toll station or stations to be located not more than 10 miles from existing telephone facilities; or

      (b) Remains within service area boundaries which have been established by the commission for its railroad, line, plant or system, and not then served by a public utility of like character.

      3.  Upon the granting of any certificate of public convenience, the commission may make such order and prescribe such terms and conditions for the location of lines, plants or systems to be constructed, extended or affected as may be just and reasonable.

      4.  When a complaint has been filed with the commission alleging that any utility is being operated without a certificate of public convenience and necessity as required by this section, or when the commission has reason to believe that any provision of this section is being violated, the commission shall investigate such operations and the commission shall have power, after a hearing, to make its order requiring the owner or operator of such utility to cease and desist from any operation in violation of this section. The commission shall enforce compliance with such order under the powers vested in the commission by law.

      5.  If any public utility in constructing or extending its line, plant or system interferes or is about to interfere with the operation of the line, plant or system of any other public utility already constructed, the commission, on complaint of the public utility claiming to be injuriously affected, after hearing, may make such order prohibiting such construction or extension, or prescribing such terms and conditions for the location of the lines, plants or systems affected, as to it may seem just and reasonable.

      6.  Whenever the commission, after a hearing upon its own motion or upon complaint, finds that there is or will be a duplication of service by public utilities in any area, the commission shall, in its discretion, either issue a certificate of public convenience and necessity assigning specific territories to one or to each of such utilities, or, by certificate of public convenience and necessity, otherwise define the conditions of rendering service and construction, extensions within such territories, and shall order the elimination of such duplication, all upon such terms as are just and reasonable, having due regard to due process of law and to all the rights of the respective parties and to public convenience and necessity.


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

ê1963 Statutes of Nevada, Page 1118 (Chapter 424, SB 258)ê

 

such territories, and shall order the elimination of such duplication, all upon such terms as are just and reasonable, having due regard to due process of law and to all the rights of the respective parties and to public convenience and necessity.

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

 

________

 

 

CHAPTER 425, SB 256

Senate Bill No. 256–Committee on Aviation, Transportation and Highways

CHAPTER 425

AN ACT to amend Title 32 of NRS, relating to revenue and taxation, by adding a new chapter imposing a vehicle privilege tax in lieu of personal property taxes on vehicles; to amend chapter 361 of NRS, relating to property taxes, by exempting vehicles from property taxes; to amend NRS sections 361.030, 361.320, 361.325, 482.180, 482.215, 482.260, 482.265, 482.275, 482.280, 482.321, 482.361, 482.380, 482.399, 482.400 and 482.410, relating to registration of and personal property taxes on vehicles, by providing for calendar year licensing of vehicles; and by making changes necessitated by the imposition of the vehicle privilege tax; to amend an act entitled “An Act to amend NRS sections 482.265 and 482.280, relating to renewal of registration and licensing of motor vehicles, by providing that the department of motor vehicles may issue, upon renewal of registration, stickers, tabs or other suitable devices in lieu of new license plates; by eliminating the requirement that the department of motor vehicles notify the legal owner of the renewal registration number upon registration of a motor vehicle by one other than the legal owner; and by providing other matters properly relating thereto,” approved March 29, 1963; to amend the title of and to amend an act entitled “An Act to amend chapter 482 of NRS, relating to vehicle licensing and registration, by adding a new section defining terms; to amend NRS sections 482.210, 482.260, 482.397, 482.480, 482.555, relating to registration, licensing and collection of personal property taxes on vehicles, by exempting from registration mobile homes not used on highways; by providing for collection by county assessors of personal property taxes on mobile homes; by providing for registration of mobile homes used on highways; and by providing penalties; to repeal NRS section 482.517, relating to penalties for delinquent registration of mobile homes; and providing other matters properly relating thereto,” approved April 2, 1963; to repeal chapters 68 and 284, Statutes of Nevada 1963, relating to registration of motor vehicles; to repeal NRS sections 482.261 and 482.263, relating to application of property tax exemptions on vehicles; providing penalties; providing that certain sections of this act shall become effective or shall not become effective depending upon whether or not the Sales and Use Tax Act is amended by the people at a special election; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  Title 32 of NRS hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 24, inclusive, of this act.

      Sec. 2.  This chapter shall be known and may be cited as the Vehicle Privilege Tax Law.

      Sec. 3.  As used in this chapter:

      1.  “Department” means the department of motor vehicles.


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

ê1963 Statutes of Nevada, Page 1119 (Chapter 425, SB 256)ê

 

      2.  “Vehicle” means any vehicle required to be registered pursuant to the provisions of chapter 482 or 706 of NRS, except mobile homes as defined in section 1 of chapter 217, Statutes of Nevada 1963.

      Sec. 4.  A tax is hereby imposed for the privilege of operating any vehicle upon the public highways of this state. Such tax shall be in lieu of all taxes based on value and levied for state or local purposes on such vehicles.

      Sec. 5.  The annual amount of the privilege tax shall be 4 cents on each $1 of valuation of the vehicle as determined by the department.

      Sec. 6.  1.  Valuation of vehicles shall be determined by the department upon the basis of 35 percent of the manufacturer’s suggested retail price in Nevada excluding options and extras, as of the time the particular make and year model is first offered for sale in Nevada.

      2.  If the department is unable to determine the manufacturer’s suggested retail price in Nevada in respect to any vehicle because the vehicle is specially constructed, or for any other reason, the department shall determine the valuation upon the basis of 35 percent of the retail price to the purchaser of the vehicle as evidenced by such document or documents as the department may require.

      Sec. 7.  1.  Except as provided in subsection 2, each vehicle shall be depreciated by the department for the purposes of the annual privilege tax according to the following schedule:

                                                                                                                                   Percentage of

               Age                                                                                                               Initial Value

New..................................................................................................           100   percent

1 year................................................................................................             85   percent

2 years..............................................................................................             75   percent

3 years..............................................................................................             65   percent

4 years..............................................................................................             55   percent

5 years..............................................................................................             45   percent

6 years..............................................................................................             35   percent

7 years..............................................................................................             25   percent

8 years..............................................................................................             15   percent

9 years or more...............................................................................               5   percent

 

      2.  Each bus, truck, truck tractor, trailer and semitrailer having an unladened weight of more than 6,000 pounds shall be depreciated by the department for the purposes of the annual privilege tax according to the following schedule:

                                                                                                                                   Percentage of

               Age                                                                                                               Initial Value

New..................................................................................................           100   percent

1 year................................................................................................             75   percent

2 years..............................................................................................             59   percent

3 years..............................................................................................             47   percent

4 years..............................................................................................          37.5   percent

5 years..............................................................................................             28   percent

6 years..............................................................................................             23   percent

7 years..............................................................................................             20   percent

8 years..............................................................................................             18   percent

9 years..............................................................................................          15.5   percent

10 years or more.............................................................................             13   percent


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

ê1963 Statutes of Nevada, Page 1120 (Chapter 425, SB 256)ê

 

      3.  Notwithstanding any other provision of this section, the minimum amount of privilege tax on any vehicle shall be $6.

      Sec. 8.  Upon vehicles registered for the first time in this state after the beginning of the registration year, the amount of the privilege tax shall be reduced one-twelfth for each month which has elapsed since the beginning of such year.

      Sec. 9.  If any vehicle which is exempt from the privilege tax under section 11 of this act ceases to be exempt after the beginning of the registration year by reason of change of ownership, the amount of the privilege tax shall be reduced one-twelfth for each month which has elapsed since the beginning of such year.

      Sec. 10.  In computing any tax or penalty imposed by the provisions of this chapter, a fraction of $1 shall be disregarded, unless it exceeds 49 cents, in which case it shall be treated as $1. Computation of any penalty shall be made from the fee after the same has been computed as provided in this section.

      Sec. 11.  The privilege tax imposed by this chapter does not apply to vehicles owned by the United States, the State of Nevada, any political subdivision of the State of Nevada, or any county, municipal corporation, city, unincorporated town or school district in the State of Nevada.

      Sec. 12.  The privilege tax is due and payable on the first day of the registration year for the vehicle concerned and shall be paid at the same time as, and in conjunction with, registration or renewal of registration of the vehicle.

      Sec. 13.  The department shall collect the privilege tax and issue to each person who pays the tax a receipt which shall sufficiently identify the vehicle upon which the tax is paid.

      Sec. 14.  Whenever any vehicle is operated upon any highway of this state without the privilege tax having first been paid as required in this chapter, the tax is delinquent.

      Sec. 15.  1.  If the privilege tax is not paid within 30 days after it becomes delinquent, a penalty equal to 10 percent of the tax, but not less than $3, shall be added thereto and be collected therewith, but, if the annual registration of a vehicle is being renewed, the penalty shall be added to any payment made on or after the 31st day of the registration year, unless the vehicle has not been operated on the highways since the expiration of the prior registration.

      2.  Evidence of nonoperation of a vehicle shall be made by an affidavit executed by a person having knowledge of the fact. The affidavit shall accompany the application for renewal of registration.

      Sec. 16.  Upon receipt of an application for renewal of registration and an affidavit of nonoperation, the department shall collect the tax for the current registration year. No penalty shall be imposed if the department receives the application and affidavit within 30 days after the date of the first operation of the vehicle during the current registration year.

      Sec. 17.  If a check in payment of a tax or penalty is not paid by the bank on which it is drawn on its first presentation, the person tendering the check remains liable for the tax, or tax and penalty, as if he had not tendered the check.


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

ê1963 Statutes of Nevada, Page 1121 (Chapter 425, SB 256)ê

 

if he had not tendered the check. The department may redeposit a check in payment of a tax, or tax and penalty, a second time without assessing additional penalties.

      Sec. 18.  No penalty shall be assessed for the delinquent payment of privilege tax if:

      1.  Subsequent to the date the tax became due, the vehicle is repossessed on behalf of the legal owner;

      2.  The tax is paid within 30 days of taking possession; and

      3.  A transfer of registration to a new owner is applied for during such time.

      Sec. 19.  If a transferee applies for a transfer of registration and it is determined by the department that privilege tax penalties accrued prior to the transfer of the vehicle, and that the transferee was not cognizant of the nonpayment of the privilege tax for the current or prior years, and the whereabouts of the transferor or record owner are unknown, the department may waive payment of the penalties upon payment of the privilege taxes due.

      Sec. 20.  1.  Every privilege tax and any penalty added thereto constitute a lien upon the vehicle for which due from the date on which the tax becomes due.

      2.  The department shall collect the tax and any penalty by seizure and sale of the vehicle.

      3.  The seizure and sale shall be conducted by the department in the same manner as is provided by law for the seizure and sale of personal property for the collection of taxes due on personal property.

      Sec. 21.  If the records of the department indicate that the registration owner of a vehicle seized is not the legal owner thereof, the department shall, before selling the vehicle, give notice to the legal owner of the vehicle. The notice shall be given by registered mail addressed to the legal owner at his last-known address as shown by the records of the department at least 10 days prior to the sale.

      Sec. 22.  At any time before the sale, the legal owner of the vehicle to be sold may pay the department the full amount of the delinquent tax and penalty, plus any costs incurred by the department in arranging for the sale. In this event the sale shall not be held, and the department shall return the vehicle seized to the person entitled to its possession.

      Sec. 23.  If the department erroneously collects any privilege tax or penalty not required to be paid under the provisions of this chapter, the amount shall be refunded to the person who paid it upon application therefor within 3 years after the date of the payment.

      Sec. 24.  Moneys collected by the department for privilege taxes and penalties under the provisions of this chapter shall be deposited in the motor vehicle fund.

      Sec. 25.  Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      All vehicles, as defined in section 3 of this act, shall be exempt from taxation under the provisions of this chapter.

      Sec. 26.  NRS 361.030 is hereby amended to read as follows:

      361.030  1.  “Personal property” means and includes:


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

ê1963 Statutes of Nevada, Page 1122 (Chapter 425, SB 256)ê

 

      (a) All household and kitchen furniture.

      (b) All law, medical and miscellaneous libraries.

      (c) All goods, wares and merchandise.

      (d) All chattels of every kind and description [.] , except vehicles as defined in section 3 of this act.

      (e) Stocks of goods on hand.

      (f) Horses, mules, oxen, calves, beef cattle, hogs, sheep, goats, jacks and jennies, and cattle of every description, but does not mean and include calves and lambs that have not been weaned.

      (g) [Wagons, carriages, buggies, omnibuses, stages, stagecoaches, sulkies, carts, drays and all other vehicles, whether for use, pleasure or hire.] Any vehicle not included in the definition of vehicle in section 3 of this act.

      (h) All locomotives, cars, rolling stock and other personal property used in operating any railroad within the state.

      (i) All machines and machinery, all works and improvements, all steamers, vessels and watercraft of every kind and name navigating or used upon the waters of any river or lake within this state or having a general depot or terminus within this state.

      (j) The money, property and effects of every kind, except real estate, of all banks, banking institutions or firms, bankers, moneylenders and brokers.

      (k) All property of whatever kind or nature, except vehicles as defined in section 3 of this act, not included in the term “real estate” as that term is defined in NRS 361.035.

      2.  Gold-bearing and silver-bearing ores, quartz or minerals from which gold or silver is extracted, when in the hands of the producers thereof, shall not mean, not be taken to mean, nor be listed and assessed under the term “personal property” as used in this section, but are specially excepted therefrom, and shall be listed, assessed and taxed as provided by law.

      Sec. 27.  NRS 361.320 is hereby amended to read as follows:

      361.320  1.  At the regular session of the Nevada tax commission commencing on the 1st Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which shall in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, [motor bus, motor truck,] air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state. Such valuation shall not include the value of vehicles as defined in section 3 of this act.

      2.  The foregoing shall be assessed as follows: The Nevada tax commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, the Nevada tax commission shall then proceed to determine the total aggregate mileage operated within the state and within the several counties thereof, and apportion the same upon a mile-unit valuation basis, and the number of miles so apportioned to any county shall be subject to assessment in that county according to the mile-unit valuation so established by the Nevada tax commission.


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

ê1963 Statutes of Nevada, Page 1123 (Chapter 425, SB 256)ê

 

within the state and within the several counties thereof, and apportion the same upon a mile-unit valuation basis, and the number of miles so apportioned to any county shall be subject to assessment in that county according to the mile-unit valuation so established by the Nevada tax commission. The Nevada tax commission shall prepare and adopt formulas, and cause the same to be incorporated in its records, providing the method or methods pursued in fixing and establishing the full cash value of all franchises and property assessed by it. Such formulas shall be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but such formulas shall in any event show all the elements of value considered by the Nevada tax commission in arriving at and fixing the value for any class of property assessed by it.

      3.  The word “company” shall be construed to mean and include any person or persons, company, corporation or association engaged in the business described.

      4.  In case of the omission by the Nevada tax commission to establish a valuation for assessment purposes upon the property mentioned in this section, the county assessors of any counties wherein such property is situated shall assess the same.

      5.  All other property shall be assessed by the county assessors, except that the valuation of [land, livestock, mobile homes and motor vehicles] land, livestock and mobile homes shall be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.

      6.  On or before the 1st Monday in December the Nevada tax commission shall transmit to the several county assessors the assessed valuation found by it on such classes of property as are enumerated in this section, together with the apportionment of each county of such assessment. The several county assessors shall enter on the roll all such assessment transmitted to them by the Nevada tax commission.

      Sec. 28.  NRS 361.325 is hereby amended to read as follows:

      361.325  1.  The Nevada tax commission may continue in session from day to day after the session of the state board of equalization for the purpose of considering the tax affairs of state.

      2.  After the adjournment of the state board of equalization and on or before the 1st Monday in June of each year, the Nevada tax commission shall:

      (a) Fix and establish the valuation for assessment purposes of all livestock [,] and mobile homes [and motor vehicles] in the state; and

      (b) Classify land and fix and establish the valuation thereof for assessment purposes.

      3.  The valuation of livestock, mobile homes [, motor vehicles] and land so fixed and established shall be for the next succeeding year and shall be subject to equalization by the state board of equalization at the February meeting thereof for such year.

      4.  The Nevada tax commission shall have the power to cause to be placed on the assessment roll of any county property found to be escaping taxation coming to its knowledge after the adjournment of the state board of equalization. Such property shall be placed upon the assessment roll prior to the delivery thereof to the ex officio tax receiver.


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

ê1963 Statutes of Nevada, Page 1124 (Chapter 425, SB 256)ê

 

assessment roll prior to the delivery thereof to the ex officio tax receiver. If such property cannot be placed upon the assessment roll of the proper county within the proper time, it shall thereafter be placed upon the tax roll for the next ensuing year, in addition to the assessment for the current year, if any, and taxes thereon shall be collected for the prior year in the same amount as collected upon the prior year’s assessment roll.

      5.  The Nevada tax commission shall not raise or lower any valuations established at the session of the state board of equalization unless, by the addition to any assessment roll of property found to be escaping taxation, it shall be found necessary so to do.

      6.  Nothing in this section shall be construed as providing an appeal from the acts of the state board of equalization to the Nevada tax commission.

      Sec. 29.  NRS 482.180 is hereby amended to read as follows:

      482.180  1.  There is hereby created in the state treasury a fund which shall be known as the motor vehicle fund. The state treasurer shall deposit all money received by him from the department or otherwise under the provisions of this chapter in the motor vehicle fund.

      2.  Funds for the administration of the provisions of this chapter, except for the provisions relating to collection of [personal property] privilege taxes on [motor] vehicles, shall be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of such appropriation the department shall pay every item of expense, except expenses incurred in the collection of [personal property] privilege taxes on [motor] vehicles, which may be properly charged against the department, including the salaries of the clerks employed in the department. Funds for the payment of all administrative expenses incurred in the collection of [personal property] privilege taxes on [motor] vehicles shall be provided by direct legislative appropriation from the general fund in the state treasury. All claims for such expenses and salaries shall be certified to the state board of examiners and paid as other claims against the state are paid.

      3.  The department shall certify monthly to the state board of examiners the amount of [personal property] privilege taxes collected for each county by the department and its agents during the preceding month, and such funds shall be paid monthly to each county assessor in the same manner as other claims against the state are paid. Privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operations shall be distributed among the counties in the following percentages:

Churchill.................         5.21  percent                Lincoln.................         3.12  percent

Clark........................       22.54  percent                Lyon......................         2.90  percent

Douglas...................         2.52  percent                Mineral................         2.40  percent

Elko..........................       13.31  percent                Nye........................         4.09  percent

Esmeralda...............         2.52  percent                Ormsby.................         1.07  percent

Eureka.....................         3.10  percent                Pershing...............         7.00  percent

Humboldt................         8.25  percent                Storey...................           .19  percent

Lander.....................         3.88  percent                Washoe.................       12.24  percent

                                                                                   White Pine...........         5.66  percent


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

ê1963 Statutes of Nevada, Page 1125 (Chapter 425, SB 256)ê

 

      4.  Each county assessor shall distribute such funds [as other receipts of personal property taxes are distributed. Notwithstanding the provisions of NRS 361.530, the] in the same manner, to the same recipients, and in the same ratio, as personal property taxes on motor vehicles were distributed in the last year during which motor vehicles were taxed as personal property, but the State of Nevada shall not be entitled to share in any such distribution. The county shall be entitled to reserve [only] 5 percent of such funds as commission to the county for assisting in the collection of such taxes, and shall remit 1 percent of such funds to the state treasurer for deposit in the general fund as commission to the state for collecting such taxes.

      [4.] 5.  When the foregoing requirements have been met, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.

      Sec. 29.1.  NRS 482.180 is hereby amended to read as follows:

      482.180  1.  There is hereby created in the state treasury a fund which shall be known as the motor vehicle fund. The state treasurer shall deposit all money received by him from the department or otherwise under the provisions of this chapter in the motor vehicle fund.

      2.  Funds for the administration of the provisions of this chapter, except for the provisions relating to collection of [personal property] privilege taxes on [motor] vehicles, shall be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of such appropriation the department shall pay every item of expense, except expenses incurred in the collection of [personal property] privilege taxes on [motor] vehicles, which may be properly charged against the department, including the salaries of the clerks employed in the department. Funds for the payment of all administrative expenses incurred in the collection of [personal property] privilege taxes on [motor] vehicles shall be provided by direct legislative appropriation from the general fund in the state treasury. All claims for such expenses and salaries shall be certified to the state board of examiners and paid as other claims against the state are paid.

      3.  The department shall certify monthly to the state board of examiners the amount of [personal property] privilege taxes collected [for each county] by the department and its agents during the preceding month, and such [funds shall be paid monthly to each county assessor in the same manner as other claims against the state are paid. Each county assessor shall distribute such funds as other receipts of personal property taxes are distributed. Notwithstanding the provisions of NRS 361.530, the county shall be entitled to reserve only 5 percent of such funds as commission to the county for assisting in the collection of such taxes, and shall remit 1 percent of such funds to the state treasurer for deposit in the general fund as commission to the state for collecting such taxes.] moneys shall be transferred monthly to the general fund in the state treasury after payment to each county of 5 percent of the privilege taxes collected on vehicles of persons residing in such county as commission to the county for assisting in the collection of such taxes.


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

ê1963 Statutes of Nevada, Page 1126 (Chapter 425, SB 256)ê

 

      4.  When the foregoing requirements have been met, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.

      Sec. 29.5.  NRS 482.215 is hereby amended to read as follows:

      482.215  1.  All applications for registration, except applications for renewal registration, shall be made as provided in this section.

      2.  Applications for all registrations, except renewal registrations, shall be made in person, if practicable, to [the] any office or agent of the department. [in the county in which the applicant resides.]

      3.  Each application shall be made upon the appropriate form furnished by the department and shall contain:

      (a) The signature of the owner.

      (b) His residence address [.] , including the county in which he resides.

      (c) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating such vehicle.

      4.  The application shall contain such other information as may be required by the department, and shall be accompanied by proof of ownership satisfactory to the department.

      Sec. 30.  NRS 482.260 is hereby amended to read as follows:

      482.260  1.  The department and its agents in registering a vehicle shall:

      (a) Collect the annual license fee as provided for in this chapter.

      (b) Collect, as agent for the county in which the applicant resides, the [personal property] privilege tax on the vehicle. [, whether or not the applicant is the owner of any real property.]

      (c) Issue to the applicant a temporary certificate of registration valid 15 days only and not renewable, or a certificate of registration, together with the regular license plate or plates.

      2.  [The amount of the personal property tax collected at the time of registration shall be determined by applying the tax rate applicable in the area in which the applicant resides to the assessed value of the vehicle based upon the schedule of values for assessment purposes fixed by the Nevada tax commission for that year.

      3.] Upon proof of ownership satisfactory to the director, he shall cause to be issued a certificate of ownership as provided in this chapter.

      [4.] 3.  Any law of the State of Nevada to the contrary notwithstanding, a new or used motor vehicle being registered for the first time in Nevada shall be taxed for privilege tax purposes pro rata on a monthly basis upon the amount of time remaining in the current registration year.

      Sec. 31.  NRS 482.265 is hereby amended to read as follows:

      482.265  1.  The department shall furnish to every owner whose vehicle shall be registered two license plates for a motor vehicle other than a motorcycle or power cycle, and one license plate for all other vehicles required to be registered hereunder.


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

ê1963 Statutes of Nevada, Page 1127 (Chapter 425, SB 256)ê

 

than a motorcycle or power cycle, and one license plate for all other vehicles required to be registered hereunder. Upon renewal of registration, the department may issue one or more license plate stickers, tabs or other suitable devices in lieu of new license plates.

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

      Sec. 32.  NRS 482.275 is hereby amended to read as follows:

      482.275  1.  [Until July 1, 1960, the number plate assigned to a motor vehicle, motorcycle, trailer and semitrailer shall be attached to the rear thereof. On and after July 1, 1960, the] The license plates for a motor vehicle other than a motorcycle or power cycle shall be attached thereto, one in the front and the other in the rear. The license plate issued for all other vehicles required to be registered hereunder shall be attached to the rear thereof. Number plates shall be so displayed during the current registration year.

      2.  Every number plate shall at all times be securely fastened to the vehicle to which it is assigned so as to prevent the plate from swinging and at a height not less than 12 inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, and shall be maintained free from foreign materials and in a condition to be clearly legible.

      Sec. 33.  NRS 482.280 is hereby amended to read as follows:

      482.280  1.  Every vehicle registration under this chapter shall expire at midnight on [June 30] December 31 each year. The department shall mail annually to each holder of a valid registration certificate an application form for renewal registration for the following year. Such forms shall be mailed by the department in sufficient time to allow all applicants to mail the applications to the [office or agent of the] department [in the counties in which they reside] and to receive new registration certificates and license plates, stickers, tabs or other suitable devices by mail prior to expiration of subsisting registrations. An applicant may, if he chooses, present the application [in person to the] to any agent or office of the department. [in the county in which he resides.]

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

      3.  Such renewal shall take effect on [July 1] January 1 of each year. The certificate of registration issued under this chapter shall be valid during the registration year only for which it was issued, and the certificate of ownership shall remain valid until canceled by the department upon a transfer of any interest shown therein and need not be renewed annually.

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


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

ê1963 Statutes of Nevada, Page 1128 (Chapter 425, SB 256)ê

 

upon the highways upon displaying thereon the number plate or plates issued for the preceding year for such time as may be prescribed by the department as it may find necessary for issuance of such new plate or plates or registration card.

      5.  Registration of a [motor vehicle,] truck or trailer having an unladened weight of 3,650 pounds or more for a half year [may] shall be permitted if the applicant files with the department an affidavit showing that [the motor vehicle] such truck or trailer has not in fact been operated on the highways in this state [prior to January 1.] during the first 6 months of the registration period.

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

      Sec. 34.  NRS 482.321 is hereby amended to read as follows:

      482.321  1.  Any manufacturer of or dealer in vehicles in this state qualified to receive a dealer’s license shall be entitled to register not more than five new vehicles of the make for which he is a licensed and franchised dealer in his name upon the payment of only the registration and licensing fee as provided in this chapter without being subject to the payment of [personal property] privilege taxes, and may transfer such registrations to other new vehicles without payment of such taxes.

      2.  Vehicles so registered shall be subject to the payment of [personal property] privilege taxes by the purchaser from such dealer at the time of their transfer to such purchaser.

      3.  The transferee of the vehicle shall be required to pay the [personal property] privilege taxes pro rata on a monthly basis upon the time remaining in the current registration year before he is entitled to a transfer of the registration and title in his name. Such transferee shall apply for registration as provided in NRS 482.215.

      4.  Nothing contained in this section shall be construed to apply to work or service vehicles.

      Sec. 35.  NRS 482.361 is hereby amended to read as follows:

      482.361  Notwithstanding the provisions of [chapter 361 of NRS] sections 2 to 25, inclusive, of this act and this chapter or any other law, no dealer shall be required to pay any [property] privilege tax, either as a tax on inventory or on individual vehicles, on any vehicle of which such dealer takes possession and which he holds for sale in the ordinary course of his business.

      Sec. 36.  NRS 482.380 is hereby amended to read as follows:

      482.380  1.  The department is authorized to provide for the issuance of special motor vehicle license plates on a yearly basis to persons who have resided in the State of Nevada for a period of 6 months preceding the date of application for the license plates and who own a motor vehicle, 1915 model or prior thereto.

      2.  For the purposes of administering the provisions of this section, the department is authorized to recognize the Horseless Carriage Club of Nevada as presently constituted as the official Horseless Carriage Club of Nevada and to designate and appoint one member of the board of directors of the Horseless Carriage Club of Nevada to act as and be an ex officio deputy of the department and to perform the duties and functions prescribed by this section without compensation, per diem expense allowance or travel expenses.


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

ê1963 Statutes of Nevada, Page 1129 (Chapter 425, SB 256)ê

 

Club of Nevada as presently constituted as the official Horseless Carriage Club of Nevada and to designate and appoint one member of the board of directors of the Horseless Carriage Club of Nevada to act as and be an ex officio deputy of the department and to perform the duties and functions prescribed by this section without compensation, per diem expense allowance or travel expenses.

      3.  All applicants for license plates pursuant to the provisions of this section shall:

      (a) Fill out and sign an application for license plates on a form prescribed and furnished by the ex officio deputy for licensing antique motor vehicles.

      (b) Present evidence of his eligibility for license plates by showing, to the satisfaction of the ex officio deputy, residence in this state for 6 months preceding the date of the application and ownership of an antique motor vehicle, 1915 model or prior thereto.

      (c) Present a certificate of inspection issued by a committee, or member thereof, appointed by the board of directors of the Horseless Carriage Club of Nevada verifying that the antique motor vehicle is in safe and satisfactory mechanical condition, is in good condition and state of repair, is well equipped and is covered by a policy of public liability and property damage insurance written by an insurance company qualified to do business in this state with limits of not less than $10,000 for each person nor less than $20,000 for each accident, and not less than $5,000 for property damage liability.

      (d) Exhibit a valid operator’s or chauffeur’s license authorizing the applicant to drive a motor vehicle on the highways of this state.

      (e) Pay the fee prescribed by the laws of this state for the operation of a passenger car, regardless of weight or number of passenger capacity.

      (f) Pay such other fee as prescribed by the board of directors of the Horseless Carriage Club of Nevada necessary to defray all cost of manufacture, transportation and issuance of the special license plates.

      4.  The ex officio deputy for licensing antique motor vehicles shall annually on a [fiscal] calendar year basis issue license plates, approved by the department, for each motor vehicle owned by an applicant who meets the requirements of subsection 3, in compliance with the following conditions:

      (a) The license plates shall be numbered and issued consecutively each year beginning with “Horseless Carriage 1.”

      (b) The license plates shall conform, as nearly as possible, to the color and type of license plates issued in this state for regular passenger cars.

      (c) The special license plates issued under the provisions of this section shall be specified, procured, transported and issued solely at the expense and cost of the Horseless Carriage Club of Nevada and without any expense to the State of Nevada.

      5.  The ex officio deputy for licensing antique motor vehicles shall pay quarterly to the department the prescribed fee for the licensing of passenger cars as provided in paragraph (e) of subsection 3. The fees so received shall be used, disbursed or deposited by the department in the same manner as provided by law for other mother vehicle registration and licensing fees.


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

ê1963 Statutes of Nevada, Page 1130 (Chapter 425, SB 256)ê

 

registration and licensing fees. All other fees collected to defray expenses shall be retained by the board of directors of the Horseless Carriage Club of Nevada.

      6.  Licenses obtained under this section shall be in lieu of the license otherwise provided in this chapter and shall be valid for the fiscal year in which issued.

      Sec. 37.  1.  Section 3 of the above-entitled act, being chapter 217, Statutes of Nevada 1963, is hereby amended to read as follows:

      Sec. 3.  (There is no section of this number.)

      2.  The title of the above-entitled act, being chapter 217, Statutes of Nevada 1963, is hereby amended to read as follows:

      An Act to amend chapter 482 of NRS, relating to vehicle licensing and registration, by adding a new section defining terms; to amend NRS sections 482.210, [482.260,] 482.397, 482.480, 482.555, relating to registration, licensing and collection of personal property taxes on vehicles, by exempting from registration mobile homes not used on highways; by providing for collection by county assessors of personal property taxes on mobile homes; by providing for registration of mobile homes used on highways; and by providing penalties; to repeal NRS section 482.517, relating to penalties for delinquent registration of mobile homes; and providing other matters properly relating thereto.

      3.  The above-entitled act, being chapter 155, Statutes of Nevada 1963, is hereby amended by adding thereto a new section to be designated section 3 which shall immediately follow section 2 and shall read as follows:

      Sec. 3.  This act shall become effective on April 1, 1963.

      Sec. 38.  NRS 482.399 is hereby amended to read as follows:

      482.399  1.  Upon the transfer of the ownership of or interest in any motor vehicle by any holder of a valid registration, or upon destruction of the motor vehicle, the registration shall expire.

      2.  The holder of such registration may transfer the registration to another vehicle and use the same license plate or plates thereon, if the license plate or plates are appropriate for the second motor vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the [personal property] privilege tax on the second motor vehicle over the [personal property] privilege tax on the first motor vehicle. Application for transfer of registration shall be made in person, if practicable, to [the] any office or agent of the department, [in the county in which the applicant resides,] and the license plate or plates shall not be used upon a second vehicle until registration of such vehicle is complete. In computing the [personal property] privilege tax, the department or its agent shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration year on a pro rata monthly basis against the tax due on the second vehicle.

      3.  If the license plate or plates are not appropriate for the second motor vehicle, the plate or plates shall be surrendered to the department and an appropriate plate or plates shall be issued. The department shall not reissue the surrendered plate or plates until the next succeeding licensing period.


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

ê1963 Statutes of Nevada, Page 1131 (Chapter 425, SB 256)ê

 

      4.  If application for transfer of registration is not made within 60 days after destruction of or transfer of ownership of or interest in any motor vehicle, the license plate or plates shall be surrendered to the department on or before the 60th day for cancellation of the registration.

      Sec. 39.  NRS 482.400 is hereby amended to read as follows:

      482.400  1.  Except as provided in subsection 3, upon a transfer of the title or interest of a legal owner or owner in or to a vehicle registered under the provisions of this chapter, the person or persons whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of ownership issued for such vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate.

      2.  Immediately thereafter the transferee shall apply for registration as provided in NRS 482.215, and shall pay the [personal property] privilege taxes on such vehicle pro rata on a monthly basis upon the time remaining in the current registration year.

      3.  If the transferee is a dealer who intends to resell the vehicle, he shall deliver immediately to the department or its agent the certificate of registration and the license plate or plates for such vehicle. When the vehicle is resold, the purchaser shall apply for registration as provided in NRS 482.215, and shall pay the [personal property] privilege taxes on such vehicle pro rata on a monthly basis upon the time remaining in the current registration year. The dealer shall not be required to register, pay a transfer or registration fee for, or pay a [personal property] privilege tax on any such vehicle.

      Sec. 40.  NRS 482.410 is hereby amended to read as follows:

      482.410  Upon receipt from the transferee of the certificate of ownership properly endorsed, the certificate of registration of the vehicle, the application, the [personal property] privilege tax and the registration fee the department shall register such vehicle as provided in this chapter with reference to an original registration, and shall issue to the owner and legal owner entitled thereto, by reason of such transfer, a new certificate of registration, a new license plate or plates, and a new certificate of ownership, respectively, in the manner and form provided in this chapter for original registration.

      Sec. 41.  Chapter 68, Statutes of Nevada 1963, entitled “An Act to amend NRS section 482.215, relating to applications for registration of motor vehicles, by allowing exceptions to the requirement that applications for original registration of motor vehicles be made in person,” approved March 14, 1963, is hereby repealed.

      Sec. 41.5.  Chapter 284, Statutes of Nevada 1963, entitled “An Act to amend NRS section 482.280, relating to expiration and renewal of vehicle registration, by permitting registration of certain trucks and trailers for half years under certain circumstances; and providing other matters properly relating thereto,” approved April 9, 1963, is hereby repealed.

      Sec. 42.  NRS 482.261 and 482.263 are hereby repealed.

      Sec. 43.  1.  In order to effect the change from a fiscal year to a calendar year registration period for vehicles currently registered for a fiscal year period, there shall be a 6-month registration period commencing on July 1, 1963, and ending on December 31, 1963, for all such vehicles.


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

ê1963 Statutes of Nevada, Page 1132 (Chapter 425, SB 256)ê

 

a fiscal year period, there shall be a 6-month registration period commencing on July 1, 1963, and ending on December 31, 1963, for all such vehicles. Registrations for such period shall be made in all respects in the same manner as registrations for a full year, except that all registration fees shall be reduced by one-half and the vehicle privilege tax collected in connection with such registrations shall be for 6 months only.

      2.  In order to collect the vehicle privilege tax for the period July 1, 1963, to December 31, 1963, from owners of vehicles currently registered for a calendar year period, the department of motor vehicles shall mail a statement of the amount of such tax to each such owner as soon as practicable after June 1, 1963.

      3.  Commencing with the calendar year 1964, all vehicle registrations shall be made for a calendar year period, and the annual vehicle privilege tax shall be collected in connection with such registrations.

      Sec. 44.  1.  There is hereby appropriated from the general fund in the state treasury to the vehicle property tax replacement fund, which is hereby created, the sum of $3,288,392. The state controller is hereby directed to draw his warrant in favor of each county assessor, and the state treasurer is hereby directed to pay such warrants, in the following amounts:

 

Churchill County....................................................................................            $71,898

Clark County...........................................................................................         1,624,344

Douglas County.....................................................................................              46,171

Elko County............................................................................................            121,526

Esmeralda County..................................................................................              10,484

Eureka County........................................................................................              11,450

Humboldt County..................................................................................              57,926

Lander County........................................................................................              20,535

Lincoln County.......................................................................................              24,347

Lyon County...........................................................................................              53,984

Mineral County......................................................................................              37,238

Nye County.............................................................................................            104,998

Ormsby County......................................................................................              73,683

Pershing County....................................................................................              38,830

Storey County........................................................................................                7,527

Washoe County.....................................................................................            895,548

White Pine County................................................................................              87,903

 

      2.  Each county assessor shall distribute such moneys in the same manner, to the same recipients, and in the same ratio, as personal property taxes on motor vehicles were distributed in the last year during which motor vehicles were taxed as personal property, but the State of Nevada shall not be entitled to share in any such distribution.

      Sec. 45.  1.  All sections of this act except sections 4, 29, 29.1 and 44 shall become effective on June 1, 1963.

      2.  Section 4 of this act shall become effective on July 1, 1963.

      3.  Section 29 of this act shall become effective on July 1, 1963, only if the Sales and Use Tax Act is not amended by a majority of the registered voters voting at the special election to be held on June 11, 1963, pursuant to law.


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

ê1963 Statutes of Nevada, Page 1133 (Chapter 425, SB 256)ê

 

11, 1963, pursuant to law. If the Sales and Use Tax Act is so amended then section 29 of this act shall not become effective.

      4.  Sections 29.1 and 44 of this act shall become effective on July 1, 1963, only if the Sales and Use Tax Act is amended by a majority of the registered voters voting at the special election to be held on June 11, 1963, pursuant to law. If the Sales and Use Tax Act is not so amended then sections 29.1 and 44 of this act shall not become effective.

 

________

 

 

CHAPTER 426, SB 248

Senate Bill No. 248–Senator Dial

CHAPTER 426

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

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  Section 1 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 141, Statutes of Nevada 1960, at page 189, is hereby amended to read as follows:

      Section 1.  The inhabitants of that portion of the county of Ormsby, State of Nevada, embraced within the limits hereinafter set forth, shall be a body politic and corporate, by name and style of Carson City, and by that name they and their successors shall be known in law, have perpetual succession, and sue and be sued in all courts. The boundaries of said Carson City are as follows: Beginning at the center of the southeast quarter of section eight, in township number (15) fifteen north, range (20) twenty east, M.D.B. & M., running thence (S 89° 36 1/2′ W, 2,593.65) south eighty-nine degrees, thirty-six and one-half minutes west for two thousand five hundred and ninety-three and sixty-five hundredths feet; thence due north (N 0° 00′) for (1,320.00) thirteen hundred and twenty and no hundredths feet; then (S 89° 37′ W, 371.00 feet) south eighty-nine degrees, thirty-seven minutes west for three hundred seventy-one and no hundredths feet; thence (S 0° 00′, 744.58 feet) south no degrees no minutes for seven hundred forty-four and fifty-eight hundredths feet; thence (S 89° 36 1/2′ W, 439.00 feet) south eighty-nine degrees, thirty-six and one-half minutes west for four hundred thirty-nine and no hundredths feet; thence (S 0° 00′, 575.42 feet) south no degrees and no minutes for five hundred and seventy-five and forty-two hundredths feet; thence (S 89° 36 1/2′ W, 546.20 feet) south eighty-nine degrees, thirty-six and one-half minutes west for five hundred forty-six and twenty-hundredths feet to the west boundary of said section eight; thence south one-fourth of a mile to the south-west corner of said section eight; thence due west on the section line to a point due north of the west line of Elizabeth street; thence due south to the north line of Washington street; thence west along said north line of Washington street to a point two hundred and sixty-two (262.00) feet west of the west boundary line of the east half of the north-east quarter of said section eighteen; thence due south to an intersection with the center of Kings canyon road, as projected west from Carson street; thence east along the center of Kings canyon road as projected to an intersection of the west boundary of Kings canyon subdivision, where the same would intersect Kings canyon road if projected north; thence south along the west boundary of Kings canyon subdivision to the south boundary line of sections 17 and 18, same township and range; thence east along said southern boundary line of sections seventeen and eighteen one mile more or less to a point due south of the place of beginning; thence north one and one-fourth miles to the place of beginning.


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

ê1963 Statutes of Nevada, Page 1134 (Chapter 426, SB 248)ê

 

of Washington street; thence west along said north line of Washington street to a point two hundred and sixty-two (262.00) feet west of the west boundary line of the east half of the north-east quarter of said section eighteen; thence due south to an intersection with the center of Kings canyon road, as projected west from Carson street; thence east along the center of Kings canyon road as projected to an intersection of the west boundary of Kings canyon subdivision, where the same would intersect Kings canyon road if projected north; thence south along the west boundary of Kings canyon subdivision to the south boundary line of sections 17 and 18, same township and range; thence east along said southern boundary line of sections seventeen and eighteen one mile more or less to a point due south of the place of beginning; thence north one and one-fourth miles to the place of beginning.

      [Territory adjoining and contiguous to the corporate limits of the city of Carson City may be annexed to said city with the tenements, property and inhabitants thereof by the passage of an ordinance declaring said territory to be annexed; provided, that the majority of the property owners of the territory proposed to be annexed first petition the city council of said Carson City to annex said territory, and file with said petition a plat of said territory. The city council may, as a condition precedent to the passage of such ordinance, impose such conditions as it sees fit. After the passage of the ordinance hereby authorized, the annexed territory shall be a part of said Carson City and subject to all the taxes and laws thereof.]

      Sec. 2.  The above-entitled act, being chapter 43, Statutes of Nevada 1875, at page 87, is hereby amended by adding thereto a new section to be designated section 1.5, which shall immediately follow section 1 and shall read as follows:

      Section 1.5.  1.  If the majority of the property owners of any territory adjoining and contiguous to the corporate limits of the city of Carson City petition the city council to annex such territory with the tenements, property and inhabitants thereof and file a plat of such territory with the petition, the city council may enact an ordinance declaring such territory to be annexed to the city. As a condition precedent to the enactment of such ordinance, the city council may impose such conditions as the city council sees fit. After the enactment of the ordinance herein authorized, the annexed territory shall be a part of Carson City and subject to all the taxes and laws thereof.

      2.  When the city council of the city of Carson City deems it necessary to annex additional territory to the city, and the property owners thereof have not petitioned for annexation, the city council may adopt a resolution declaring its intention to annex such territory.

      (a) The resolution shall:

             (1) Describe the territory to be annexed;

             (2) Order a plat of the territory to be filed in the office of the city clerk; and

             (3) Order 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 owners thereof and the residents of the city.


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

ê1963 Statutes of Nevada, Page 1135 (Chapter 426, SB 248)ê

 

      (b) The notice shall be:

             (1) Published at least twice during 1 week in a newspaper published and of general circulation in the city;

             (2) Posted in at least three public places in the territory proposed to be annexed; and

             (3) Mailed to all known property owners in the territory sought to be annexed, citing them to appear and show cause, on the date specified, why the territory should not be annexed to the city.

      (c) After the hearing, if a majority of the property owners of the territory sough to be annexed did not protest, the city council may:

             (1) Enact an ordinance declaring the territory to be annexed to, and a part of, the city of Carson City; and

             (2) Order a plat showing the territory to be recorded in the office of the county recorder of Ormsby County.

      The territory shall then be a part of the city of Carson City and subject to all taxes and laws thereof. If a majority of the property owners of the territory sought to be annexed protest against the annexation of the territory, a unanimous vote of the city council is required to enact an ordinance annexing the territory to the city.

      Sec. 3.  The above-entitled act, being chapter 43, Statutes of Nevada 1875, at page 87, is hereby amended by adding thereto a new section to be designated section 2.5, which shall immediately follow section 2 and shall read as follows:

      Section 2.5.  The city of Carson City shall continue to have and be vested with all the rights, powers, property and things of every kind now belonging to it, and may have and use a common seal and alter the same at pleasure, and may purchase, receive, hold and enjoy real and personal property within or without the city, and sell, convey and dispose of the same for the common benefit; and may determine and declare what are public uses for the purposes of the city, and when the necessity arises or exists of condemning lands or property therefor; and what are the lands and property necessary to condemn; and may receive bequests, devises, gifts and donations of all kinds of property, within or without the city, in fee simple or in trust, for charitable or other purposes, and do any, every and all acts and things whatsoever, necessary to carry out the purposes of such bequests, devises, gifts and donations, with full power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of such bequest, devise, gift, donation or trust.

      Sec. 4.  Section 10b (3) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 141, Statutes of Nevada 1960, at page 195, is hereby amended to read as follows:

      Section 10b.  (3) The city council may, by ordinance, cause bonds to be issued for the purpose of paying the cost of any authorized improvements for which general or special assessments are levied, said bonds to be called (insert words identifying the improvement) “Improvement District Bonds” to be payable in annual periods of not more than [twelve (12)] thirty (30) years from date of issuance and to bear interest payable annually or semiannually not exceeding the rate of seven (7%) percent per annum, and said bonds shall not be sold for less than their par value.


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

ê1963 Statutes of Nevada, Page 1136 (Chapter 426, SB 248)ê

 

sold for less than their par value. Such bonds shall be issued for the purpose of paying the cost of the improvement including all engineering and all other preliminary costs. In the event the full amount or any part thereof of the cost of the improvement chargeable to any blocks, lots, or parcels of land, including the improvements thereon, charged to any district by special assessment, is paid by the owners within fifty (50) days from the date of the levying of the assessment, or prior to the date of the issuance of said bonds, said blocks, lots, or parcels of land shall be exempt from any lien or charge by reason of the issuance of said bonds to the extent of such payment.

      Sec. 5.  Section 10p of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as amended by chapter 141, Statutes of Nevada 1960, at page 210, is hereby amended to read as follows:

      Section 10p.  The city council shall have, among others, the following powers:

      1.  To contract, upon such terms and conditions as in the judgment of the said city council may be for the best interests of the citizens of said city, for an adequate supply of water for sewer, fire, or other municipal purpose; and to let, rent, sell, or dispose of the sewerage water discharged from the sewers of said city for such periods of time and upon such terms and conditions as in the judgment of said city council may be for the best interests of the citizens of said city.

      2.  To eliminate the fixture unit system of assessing sewer charges on all residential users of the municipal sanitary sewer system and to substitute therefor the water meter system or any other system for the assessment of sewer charges for all residential users of the municipal sanitary sewer system.

      Sec. 6.  Section 19 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 141, Statutes of Nevada 1960, at page 213, is hereby amended to read as follows:

      Section 19.  The fees, salaries, or compensation of the officers hereinbefore provided for, except as may be otherwise provided in this act, shall be regulated by regularly enacted ordinances as to salary, and by resolution as to compensation for persons not regularly employed by the city; provided, that each councilman of Carson City, other than the president of the city council, shall receive a salary at the rate of [$900] $1,800 per year, until July 1, 1964, and thereafter at the rate of $2,400 per year, payable in equal monthly installments, and the councilman at large and ex officio mayor and president of the city council shall receive a salary at the rate of [$1,800] $2,400 per year, until July 1, 1964, and thereafter at the rate of $3,600 per year, payable in equal monthly installments. All claims for fees or expenses necessarily or properly incurred in carrying on the legitimate purposes and duties of the city government, as provided in this act, shall be presented to the city council, who shall consider and allow or reject the same in their order as presented to the clerk of the city council, and the record of their action shall be entered upon their journal. Upon the allowance in whole or in part of any claims by a majority of the members of the city council, the city clerk shall draw a warrant upon the city treasurer for the amount so allowed, and shall state on the same, in general terms, the nature of the claim; upon the presentation of said warrant to the city treasurer he shall immediately pay the same, if, upon reference to its number and the amount of claims allowed by the city council and having preference thereto in their order, there is money in his hands in the fund upon which the warrant is drawn to pay the same, but if he has no such money he shall endorse on said warrant “not paid for want of funds,” adding thereto the date of such endorsement, and signing his name officially thereto, and thereafter he shall pay such warrant out of the first money applicable thereto in its order.


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

ê1963 Statutes of Nevada, Page 1137 (Chapter 426, SB 248)ê

 

allowed, and shall state on the same, in general terms, the nature of the claim; upon the presentation of said warrant to the city treasurer he shall immediately pay the same, if, upon reference to its number and the amount of claims allowed by the city council and having preference thereto in their order, there is money in his hands in the fund upon which the warrant is drawn to pay the same, but if he has no such money he shall endorse on said warrant “not paid for want of funds,” adding thereto the date of such endorsement, and signing his name officially thereto, and thereafter he shall pay such warrant out of the first money applicable thereto in its order. All warrants drawn upon the general fund shall be numbered according to the order of the allowance of the claim for which the same is drawn. Before twelve o’clock on the second Monday in each month the city treasurer shall put a notice in a conspicuous place in his office, showing the number and amount of each outstanding warrant, if any, which there is money in the general fund to pay, in its order and number. On paying any warrant the city treasurer shall write across the face thereof, in red ink, “redeemed,” with the date of redemption and sign his name officially thereto, and the warrant so canceled shall be sufficient voucher for the treasurer as to the amount so paid in his official settlement with the city council, which shall take place annually on the third Monday in December. The president of the city council, or some member of the city council appointed by the president, shall once in every three months examine the books and vouchers of the city treasurer concerning the state of finances in his hands, and report the result to the city council, which shall be spread at large upon the journal of the city council.

      Sec. 7.  The above-entitled act, being chapter 43, Statutes of Nevada 1875, at page 87, is hereby amended by adding thereto a new section to be designated section 36, which shall immediately follow section 35 and shall read as follows:

      Section 36.  (a) The city council shall have the power, in addition to other powers conferred upon the council by this charter or otherwise: To lay out, extend, change the grade, open and alter the highways, streets and alleys within the city; to require and provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning and repairing, lighting, surfacing and resurfacing, and widening any highway, street or alley, or in any way whatsoever to improve the same; to provide for the purchase, construction, improvement, maintenance and preservation of city parks, swimming pools, zoos, tennis courts, golf courses, auditoriums, stadiums, and public buildings, structures and facilities for recreational, entertainment or convention purposes, and the purchase of sites for all such purposes; to provide for construction, repair, maintenance and preservation of sidewalks, crossings, bridges, drains, curbs, gutters, storm sewers and to provide for the purchase, construction, repair, maintenance and preservation of sanitary sewage facilities and sanitary sewer systems, and the purchase of sites therefor, to provide for the maintenance, repair, alteration, improvement and preservation of all city buildings and property not herein mentioned; and to make any other public improvement of any nature, including the purchase and construction of such buildings, structures, edifices and facilities as the city council may deem appropriate.


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

ê1963 Statutes of Nevada, Page 1138 (Chapter 426, SB 248)ê

 

other public improvement of any nature, including the purchase and construction of such buildings, structures, edifices and facilities as the city council may deem appropriate.

      (b) The council shall have the power to issue general obligation bonds for such public improvements and facilities (such bonds being hereinafter in this section 36 merely designated “the bonds”) at one time or from time to time.

      (c) The authority to issue general obligation bonds conferred by provisions of this section 36 of this charter shall be deemed to be independent and complete, and general obligation bonds may be issued under this section without regard to other provisions or sections of this charter concerning the issuance of bonds.

      (d) The council in its discretion may authorize not to exceed $100,000 of general obligation bonds by ordinance without any election, but the council shall, before issuing general obligation bonds in an amount exceeding $100,000, call by resolution for the submission of a question authorizing the issuance of the bonds at a general or special election. If an election is called the council shall cause to be published a notice at least once a week, for at least 3 consecutive weeks, by three publications, in some newspaper published and of general circulation within the city. The notice shall state the date of the election, and amount and purpose of the proposed bond issue, and the maximum interest rate the bonds shall bear. Notwithstanding any other provision of this charter, all general obligation bond elections under this section 36 shall be conducted and canvassed pursuant to NRS 350.020 to 350.070, inclusive, and the same are hereby adopted by reference.

      (e) The bonds shall be publicly sold at not less than their par value.

      (f) The council shall provide for the payment of the bonds and the interest thereon at the time of the regular tax levy for state, county and city purposes, by levying an additional tax upon the property, real and personal, within the limits of the city, sufficient to pay the principal of and the interest on the bonds as the same become due. The taxes shall be assessed and collected the same as other taxes paid to the county treasurer and placed in a fund appropriately designated and solely used for the redemption of the principal of and the interest on the bonds and any prior redemption premium due in connection therewith.

      (g) The bonds and the interest thereon may be additionally secured by a pledge of all or part of the revenues, if any, derived from the operation of the public improvement or facilities obtained with the proceeds of such bonds, and the revenues derived from any enlargement, extension or improvement thereof, theretofore made or thereafter to be made. In the event the city does not enter into such a pledge the council, nevertheless, may apply such revenues, at its discretion, to the payment of such bonds,

      (h) 1.  An ordinance authorizing any bonds hereunder may provide that each bond therein authorized shall recite that it is issued under authority hereof.

      2.  Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.


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

ê1963 Statutes of Nevada, Page 1139 (Chapter 426, SB 248)ê

 

shall be incontestable for any cause whatsoever after their delivery for value.

      (i) The bonds of any series hereunder shall:

      1.  Be of convenient denominations;

      2.  Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment either as to principal alone, or as to both principal and interest, or either;

      3.  Be issued at one time or from time to time in one series or more;

      4.  Mature serially in regular numerical order at annual or other designated intervals, in not exceeding 30 years from the date of the bonds, commencing not later than 3 years therefrom, and in substantially equal amounts of principal, or upon an amortization plan for such bonds so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on the bonds, or upon an amortization plan for all general obligation bonds of Carson City 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 city (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 council may determine;

      5.  Bear interest at a rate or rates of not more than 6 percent per annum, the interest on each bond to be payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;

      6.  Have interest coupons attached in such manner that they may be removed upon the payment of the installments of interest without injury to the bonds;

      7.  Be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada, as may be provided by the city council; and

      8.  Be printed at such place or places, within or without the state, as the city council may determine.

      (j) Any ordinance authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, as the city council may determine and state therein.

      (k) The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the city council in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.

      (l) Pending preparation of the definitive bonds, temporary bonds in such form and with such provisions as the city council may determine may be issued.

      (m) Subject to the payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.


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

ê1963 Statutes of Nevada, Page 1140 (Chapter 426, SB 248)ê

 

bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.

      (n) Notwithstanding any other provision of law, the city council in any proceedings authorizing bonds hereunder may:

      1.  Provide for the initial issuance of one or more bonds (in this subsection (n) called “bond”) aggregating the amount of the entire issue or any portion thereof;

      2.  Make such provision for installment payments of the principal amount of any such bond as it may consider desirable;

      3.  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.

      (o) If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner’s furnishing, to the satisfaction of the council:

      1.  Proof of ownership;

      2.  Proof of loss or destruction;

      3.  A surety bond in twice the face amount of the bond and coupons; and

      4.  Payment of the cost of preparing and issuing the new bond.

      (p) Any other bond may be reissued upon such conditions as the council may determine.

      (q) Any bond shall be executed in the name of and on behalf of the city of Carson City, signed by its mayor, countersigned by the city clerk, with the official seal of Carson City affixed thereto.

      (r) Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the city clerk.

      (s) Use of facsimile signatures and seals on these bonds is authorized pursuant to the Uniform Facsimile Signatures of Public Officials Act, being chapter 4, Statutes of Nevada 1963, as it may from time to time be amended and supplemented.

      (t) 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 Carson City, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.

      (u) 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.  If any section, paragraph, clause of provision of this act shall for any reason be held 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. 9.  This act shall become effective upon passage and approval, except section 6 thereof, which shall become effective on July 1, 1963.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1141ê

 

CHAPTER 427, SB 221

Senate Bill No. 221–Committee on Banks, Banking and Corporations

CHAPTER 427

AN ACT to amend chapter 649 of NRS, relating to collection agencies, by adding new sections defining terms; providing additional qualifications for applicants for licenses as collection agents and agencies; and regulating the deposit of funds collected and business practices of collection agencies; to amend NRS sections 649.060, 649.090 and 649.150, relating to collection agencies, by changing the contents of applications for licenses; by providing for examinations and examination fees; by requiring the superintendent of banks not to issue a renewal license if license revocation proceedings are pending; providing for the issuance of renewal licenses to certain licensees notwithstanding their lack of qualifications; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  Chapter 649 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

      Sec. 2.  As used in this chapter, “collection agent” means any person, whether or not regularly employed at a regular wage or salary, who in the capacity of a credit man or in any other similar capacity makes a collection, solicitation or investigation of a claim at a place or location other than the business premises of the collection agency, but does not include:

      1.  Employees of a collection agency whose activities and duties are restricted to the business premises of the collection agency.

      2.  The individuals, corporations and associations enumerated in subsection 2 of NRS 649.020.

      Sec. 3.  Every individual applicant, every officer and director of a corporate applicant, and every member of a firm or partnership applicant for a license as a collection agency or collection agent shall:

      1.  Be a citizen of the United States.

      2.  Be at least 21 years of age.

      3.  Be of good moral character and not have been convicted of any crime involving moral turpitude.

      4.  Not have had a collection agency license revoked, or have been managing partner, managing director or trustee of any licensee at the time of the revocation of the license of such licensee for improper collection methods or tactics, or have been discharged by a licensee for improper collection methods or tactics.

      Sec. 4.  1.  Every collection agency and collection agent shall openly, fairly and honestly conduct the collection agency business and shall at all times conform to the accepted business ethics and practices of the collection agency business.

      2.  Every licensee shall at all times maintain a separate bank account in which shall be deposited all moneys collected. Such account shall bear some title sufficient to distinguish it from the licensee’s personal or general checking account and to designate it as a trust account, such as “customer’s trust fund account.” Such trust account shall at all times contain sufficient funds to pay all money due or owing to all customers, and no disbursement may be made from such account except to customers or to pay costs advanced for such customers, except that a licensee may periodically withdraw from such account such moneys as may accrue to the licensee from collections deposited or from adjustments resulting from costs advanced and payments made directly to customers.


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

ê1963 Statutes of Nevada, Page 1142 (Chapter 427, SB 221)ê

 

shall at all times contain sufficient funds to pay all money due or owing to all customers, and no disbursement may be made from such account except to customers or to pay costs advanced for such customers, except that a licensee may periodically withdraw from such account such moneys as may accrue to the licensee from collections deposited or from adjustments resulting from costs advanced and payments made directly to customers.

      3.  Every licensee maintaining a separate custodial or trust account shall keep a record of all funds deposited in such account, which record shall indicate clearly the date and from whom the money was received, 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 moneys shall be subject to inspection by the superintendent of banks or his authorized representative.

      Sec. 5.  NRS 649.060 is hereby amended to read as follows:

      649.060  1.  Application for a license shall be made in writing to and filed with the superintendent of banks [.] of the State of Nevada on a form provided for that purpose.

      2.  The application shall state:

      (a) The name of the applicant together with the name under which the applicant does business or expects to do business.

      (b) The full business address and residence, including street and number.

      (c) The character of the business sought to be carried on.

      (d) The locations by street and number where the same is intended to be transacted.

      (e) In the case of a firm [,] or partnership, the full names and residence addresses of all members or partners. If none of the members or partners are to have direct and continuous control and charge of the business operations, the name and residence address of the manager or person directly in charge of the business indicated on the application.

      (f) In the case of a corporation or voluntary association, the name and residence address of each of the directors and officers [.] , as well as the name and residence address of the manager or person directly in charge and control of the business if such person is not a director or officer

      3.  The application shall be subscribed by the applicant and duly acknowledged as required for deeds to be recorded.

      4.  Every application for a license under this chapter shall be accompanied by a fee of $50 to cover costs of examination and investigation.

      5.  Every applicant may be examined concerning his competency, experience, character and qualifications by the superintendent of banks or his authorized agent, and if such examination reveals that the applicant lacks any of the enumerated qualifications, issuance of the license may be denied.

      Sec. 6.  NRS 649.090 is hereby amended to read as follows:


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

ê1963 Statutes of Nevada, Page 1143 (Chapter 427, SB 221)ê

 

      649.090  1.  Upon receiving and filing the application and bond, and upon payment of the [license] investigation fee required by [NRS 649.110,] subsection 4 of NRS 649.060, the superintendent of banks shall immediately commence investigation of the applicant. If the applicant and the application are approved, upon payment of the license fee required by NRS 649.110, the superintendent of banks shall grant and issues a license to the applicant.

      2.  The license, when issued, shall state:

      (a) The name of the licensee.

      (b) The locations by street and number where the licensee is authorized to carry on business.

      (c) The number and the date of the license.

      (d) That it is issued pursuant to this chapter, and that the licensee is duly authorized under this chapter.

      Sec. 7.  NRS 649.150 is hereby amended to read as follows:

      649.150  1.  A licensee desiring a renewal of a license which will expire shall file in the office of the superintendent of banks, on or before June 1 in each year, a renewal application, stating in addition to the matters required in the original application, the date and number of the license which will expire. The renewal application shall be accompanied by the renewal fee.

      2.  The superintendent of banks shall issue a renewal license to the applicant, which shall be dated July 1 next ensuing the date of the application, in form and text like the original license, except that in addition to the facts therein set forth, the renewal license shall show the date and number of the earliest license issued to the licensee, and shall bear across its face in conspicuous letters the word “Renewal.”

      3.  All requirements of this chapter with respect to original licenses and bonds apply with like force to all renewal licenses and bonds except as otherwise specified in this section.

      4.  The superintendent of banks shall refuse to renew a license if at the time of application a proceeding to revoke the licensee’s license is pending pursuant to the provisions of NRS 649.180.

      Sec. 8.  Any collection agency which was licensed pursuant to the provisions of chapter 649 of NRS prior to July 1, 1963, and doing business in this state, shall be issued renewal licenses by the superintendent of banks upon the filing of renewal applications and the payment of required license fees for the years commencing July 1, 1963, and thereafter, notwithstanding that such collection agency does not possess all of the qualifications required by the provisions of this amendatory act.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1144ê

 

CHAPTER 428, SB 202

Senate Bill No. 202–Senators Slattery, Lemaire, Bay, Humphrey and Bissett

CHAPTER 428

AN ACT to amend NRS sections 616.615 and 616.625, relating to death benefits and the prospective payment of increased compensation to permanently disabled persons, widows and dependents, by prospectively increasing death benefits; and by providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  NRS 616.615 is hereby amended to read as follows:

      616.615  If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of this chapter, the compensation shall be known as a death benefit, and shall be payable in the amount to and for the benefit of the following:

      1.  Burial expenses.  In addition to the compensation payable under this chapter, burial expenses not to exceed $500. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation shall be borne by the commission, subject to its approval, provided, such transportation shall not be beyond the continental limits of the United States.

      2.  Widow without children.  To the widow, if there is no child, 50 percent of the average monthly wage of the deceased. This compensation shall be paid until her death or remarriage, with 2 years’ compensation in one sum upon remarriage.

      3.  Widower without children.  To the widower, if there is no child, 40 percent of the average monthly wage of the deceased employee, if wholly dependent for support upon the deceased employee at the time of her death. This compensation shall be paid until his death or remarriage, with 2 years’ compensation in one sum upon remarriage.

      4.  Widow or widower with children.

      (a) To the widow or widower, if there is a child or children, the compensation payable under subsection 1 and subsection 2, and the additional amount of 15 percent of such wage for each child until the child reaches the age of 18 years.

      (b) In case of the subsequent death of the surviving wife (or dependent husband) any surviving child or children of the deceased employee shall have his or their compensation increased to the extent of the compensation theretofore paid to the surviving wife (or dependent husband) but not in excess thereof, and the same shall be payable until he or they shall reach the age of 18 years; but the total amount payable shall in no case exceed 80 percent of such wage.

      (c) If the children have a guardian other than the surviving widow or widower, the compensation on account of such children may be paid to the guardian.

      (d) The compensation payable on account of any child shall cease when he dies, marries or reaches the age of 18 years, or if over 18 years and incapable of self-support, when he becomes capable of self-support.


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

ê1963 Statutes of Nevada, Page 1145 (Chapter 428, SB 202)ê

 

      5.  Surviving children but no surviving wife or dependent husband. If there be a surviving child or children of the deceased employee under the age of 18 years, but no surviving wife (or dependent husband), then for the support of each child until he reaches the age of 18 years, 30 percent of the average monthly wage of the deceased employee; but the aggregate shall in no case exceed 90 percent of such wage.

      6.  Dependent parents, brothers and sisters. If there be no surviving wife (or dependent husband) or child under the age of 18 years, there shall be paid:

      (a) To a parent, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 30 percent of the average monthly wage of the deceased employee during dependency.

      (b) To both parents, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 50 percent of the average monthly wage of the deceased employee during dependency.

      (c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 30 percent of the average monthly wage of the deceased employee during dependency.

      (d) The aggregate compensation payable pursuant to paragraphs (a), (b) and (c) of subsection 6 shall in no case exceed 80 percent of the average monthly wage of the deceased employee during dependency.

      7.  Questions of total or partial dependency.

      (a) In all other cases, a question of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury.

      (b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to such partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.

      (c) The duration of compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case shall exceed compensation for 100 months.

      8.  Apportionment of death benefit between dependents. Compensation to the widow or widower shall be for the use and benefit of the widow or widower, and of the dependent children, and the commission may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.

      9.  Nonresident alien dependents. If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation shall be only 50 percent of the amount or amounts specified in this section.

      10.  Excess of wage not considered in computing death benefit. Any excess of wages over [$225] $240 a month shall not be taken into account in computing compensation for death benefits.


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

ê1963 Statutes of Nevada, Page 1146 (Chapter 428, SB 202)ê

 

      11.  Lump sum settlements not allowed. In cases where compensation is awarded to the widow, dependent children, or persons wholly dependent, no lump sum settlement shall be allowed.

      12.  Funeral expenses of dependent dying before expiration of award. In case of the death of any dependent specified in this section before the expiration of the time named in the award, funeral expenses not to exceed $500 shall be paid.

      Sec. 2.  NRS 616.625 is hereby amended to read as follows:

      616.625  1.  All compensation payments after June 30, [1961,] 1963, to permanently totally disabled persons, widows and dependents, by reason of injuries or death arising out of and in the course of employment of employees under the provisions of this chapter shall be paid currently according to the rates provided by this chapter, as amended from time to time, whether the injury or death occurred before or after June 30, [1961,] 1963, and the commission shall adjust current and lump sum payments accordingly.

      2.  The rates of compensation shall not operate retroactively for any period before June 30, [1961,] 1963, except in commutation of lump sum payments.

 

________

 

 

CHAPTER 429, SB 193

Senate Bill No. 193–Committee on Banks, Banking and Corporations

CHAPTER 429

AN ACT to amend NRS section 78.070, relating to specific powers of private corporations, by deleting provisions authorizing private corporations to issue certificates of investment or participation certificates; to repeal NRS section 78.305, relating to issuance by private corporations of certificates of investment or participation certificates; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  NRS 78.070 is hereby amended to read as follows:

      78.070  Subject to such limitations, if any, as may be contained in its certificate or articles of incorporation, or any amendment thereof, every corporation shall have the following powers:

      1.  To borrow money and contract debts when necessary for the transaction of its business, or for the exercise of its corporate rights, privileges or franchises, or for any other lawful purpose of its incorporation; to issue bonds, promissory notes, bills of exchange, debentures, and other obligations and evidences of indebtedness, payable at a specified time or times, or payable upon the happening of a specified event or events, whether secured by mortgage, pledge or otherwise, or unsecured, for money borrowed, or in payment for property purchased, or acquired, or for any other lawful object. [; to issue, sell and dispose of certificates of investment, or participation certificates, upon such terms and under such conditions as may be prescribed in the certificate or articles of incorporation, or, if no such provision shall be made in the certificate or articles of incorporation, then as prescribed in NRS 78.305.]

 


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

ê1963 Statutes of Nevada, Page 1147 (Chapter 429, SB 193)ê

 

such terms and under such conditions as may be prescribed in the certificate or articles of incorporation, or, if no such provision shall be made in the certificate or articles of incorporation, then as prescribed in NRS 78.305.]

      2.  To guarantee, purchase, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of the shares of the capital stock of, or any bonds, securities or evidences of the indebtedness created by, any other corporation or corporations of this state, or any other state or government, and, while owners of such stock, to exercise all the rights, powers and privileges of ownership, including the right to vote thereon.

      3.  To purchase, hold, sell and transfer shares of its own capital stock, and use therefor its capital, capital surplus, surplus, or other property or funds; provided:

      (a) That no corporation shall use its funds or property for the purchase of its own shares of capital stock when such use would cause any impairment of the capital of the corporation, except as provided in NRS 78.410 to 78.445, inclusive; and

      (b) That shares of its own capital stock belonging to the corporation shall not be voted upon, directly or indirectly, nor counted as outstanding, for the purpose of computing any stockholders’ quorum or vote.

      4.  To conduct business, have one or more offices, and hold, purchase, mortgage and convey real and personal property in this state, and in any of the several states, territories, possessions and dependencies of the United States, the District of Columbia, and any foreign countries.

      5.  To do all and everything necessary and proper for the accomplishment of the objects enumerated in its certificate or articles of incorporation, or any amendment thereof, or necessary or incidental to the protection and benefit of the corporation, and, in general, to carry on any lawful business necessary or incidental to the attainment of the objects of the corporation, whether or not such business is similar in nature to the objects set forth in the certificate or articles of incorporation of such corporation, or any amendment thereof; provided:

      (a) That no corporation created under the provisions of this chapter shall, by any implication or construction, be deemed to possess the power of issuing bills, notes or other evidences of debt for circulation of money; and

      (b) That nothing in this chapter shall be so construed as to authorize the formation of banking corporations for the purpose of issuing or circulating money or currency within this state, or without this state, or at all, except the federal currency, or the notes of banks authorized under the laws of the United States.

      6.  To indemnify any and all of its directors or officers or former directors or officers or any person who may have served at its request as a director or officer of another corporation in which it owns shares of capital stock or of which it is a creditor against expenses actually and necessarily incurred by them in connection with the defense of any action, suit or proceeding in which they, or any of them, are made parties, or a party, by reason of being or having been directors or officers or a director or officer of the corporation, or of such other corporation, except, in relation to matters as to which any such director or officer or former director or officer or person shall be adjudged in such action, suit or proceeding to be liable for negligence or misconduct in the performance of duty.


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

ê1963 Statutes of Nevada, Page 1148 (Chapter 429, SB 193)ê

 

officers or a director or officer of the corporation, or of such other corporation, except, in relation to matters as to which any such director or officer or former director or officer or person shall be adjudged in such action, suit or proceeding to be liable for negligence or misconduct in the performance of duty. Such indemnification shall not be deemed exclusive of any other rights to which those indemnified may be entitled, under any bylaw, agreement, vote of stockholders, or otherwise.

      7.  To make donations for the public welfare or for charitable, scientific or educational purposes.

      8.  To enter into partnerships, general or limited, or joint ventures, in connection with any lawful activities.

      Sec. 2.  NRS 78.305 is hereby repealed.

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

 

________

 

 

CHAPTER 430, SB 147

Senate Bill No. 147–Senators Slattery, Lamb, Bay, Frank and Parks

CHAPTER 430

AN ACT to amend NRS sections 609.030, 609.040 and 609.060, relating to wages, hours and working conditions of female employees, by increasing minimum wages for women.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  NRS 609.030 is hereby amended to read as follows:

      609.030  1.  With respect to the employment of females in private employment in this state, it is the sense of the legislature that the health and welfare of female persons required to earn their livings by their own endeavors require certain safeguards as to hours of service and compensation therefor.

      2.  The health and welfare of the female workers of this state are of concern to the state and the wisdom of the ages dictates that reasonable hours, not to exceed 8 hours in any 1 day, and 6 days in any calendar week, so as to provide a day of rest and recreation in each calendar week, are necessary to such health and welfare, and, further, that compensation for the work and labor of female workers must be sufficient to maintain that health and welfare.

      3.  The policy of this state is hereby declared to be:

      (a) That 8 hours in any 1 13-hour period, and not more than 48 hours in any 1 calendar week, and not more than 6 days in any calendar week, are the maximum number of hours and days female workers shall be employed in private employment, with certain exceptions; and

      (b) That not less than the rate of [87.5 cents] $1 for 1 hour, or [$7] $8 for 1 day of 8 hours, or [$42] $48 for 1 week of 6 days of 8 hours each, shall be paid such female workers under the age of 18 years in this state; and


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

ê1963 Statutes of Nevada, Page 1149 (Chapter 430, SB 147)ê

 

      (c) That until September 3, 1964, no less than the rate of [$1] $1.125 for 1 hour, or [$8] $9 for 1 day of 8 hours, or [$48] $54 for 1 week of 6 days of 8 hours each, and that on and after September 3, 1964, no less than $1.15 for 1 hour or $9.20 for 1 day of 8 hours, or $55.20 for 1 week of 6 days of 8 hours each, shall be paid such female workers 18 years of age or over in this state.

      Sec. 2.  NRS 609.040 is hereby amended to read as follows:

      609.040  1.  It shall be unlawful for any person, firm, association or corporation or any agent, servant, employee, officer of any such firm, association or corporation to employ, cause to be employed, or permit to be employed, or contract with, cause to be contracted with, or permit to be contracted with, any female under the age of 18 years at or for a lesser wage than [87.5 cents] $1 per hour, or [$7] $8 for 1 day of 8 hours, or [$42] $48 for 1 week of 6 days of 8 hours each.

      2.  It shall be unlawful for any person, firm, association or corporation or any agent, servant, employee, officer of any such firm, association or corporation to employ, cause to be employed, or permit to be employed, or contract with, cause to be contracted with, or permit to be contracted with any female 18 years of age or older until September 3, 1964, at or for a lesser wage than [$1] $1.125 per hour, or [$8] $9 for 1 day of 8 hours, or [$48] $54 for 1 week of 6 days of 8 hours each [.] , and on and after September 3, 1964, at or for a lesser wage than $1.15 per hour, or $9.20 for 1 day of 8 hours, or $55.20 for 1 week of 6 days of 8 hours each.

      Sec. 3.  NRS 609.060 is hereby amended to read as follows:

      609.060  1.  During a probationary period of not to exceed 3 consecutive months, the employer and his employee or employees may stipulate that the provisions of NRS 609.010 to 609.180, inclusive, which provide a wage of [87.5 cents] $1 per hour or [$7] $8 or more for 1 day of 8 hours or less, or [$42] $48 or more for 1 week of 48 hours or less, for females under the age of 18 years, and a wage of [$1] $1.125 per hour, or [$8] $9 or more for 1 day of 8 hours or less, or [$48] $54 or more for 1 week of 48 hours or less [,] until September 3, 1964, and a wage of $1.15 per hour, or $9.20 or more for 1 day of 8 hours or less, or $55.20 or more for 1 week of 48 hours or less on and after September 3, 1964, for females 18 years of age or older, shall not apply; but in all such cases where such a stipulation has been entered into, the employer shall pay to such female employees under the age of 18 years not less than [$6] $7 for 1 day of not more than 8 hours, or [$36] $42 for 1 week of 6 days of not more than 8 hours each, and shall pay to such female employees 18 years of age or older not less than [$6.50] $8 for 1 day of not more than 8 hours, or [$39] $48 for 1 week of 6 days of not more than 8 hours each. All other provisions of NRS 609.010 to 609.180, inclusive, shall in all other respects govern hours and wages of female employees during the stipulated probationary period.

      2.  At the end of such probationary period the employer shall deliver to such employee a statement in writing certifying to such probationary service, and no employee having served such probationary period shall ever be required to serve any other probationary period by the same employer regardless of differences in the type of work, or by another employer where such employment is of a similar nature as the services performed during the probationary period.


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

ê1963 Statutes of Nevada, Page 1150 (Chapter 430, SB 147)ê

 

period by the same employer regardless of differences in the type of work, or by another employer where such employment is of a similar nature as the services performed during the probationary period.

      3.  If any employer shall have had accorded to him the privilege of reading a certificate of former service and probationary period of a female employee at the time of the beginning of such employment, in those actions at law in which the similar nature of the work to that certified to in the certificate of the former employer is in issue, the presumption shall be that the work assigned to the female by the second employer is of a similar nature to that certified to by the former employer of the female of which such employer shall have received notice in the manner hereinabove designated, and the burden of proof shall be upon the employer to show the contrary.

      4.  The fact that any female employee shall have been paid for her services with any employer, from the time of the beginning of her employment, an amount at least equal to the minimum amounts named in NRS 609.010 to 609.180, inclusive, shall not relieve the employer at the close of the period of service of the employee of 3 months of service from the obligation to deliver to the female a certificate as hereinabove provided, in which he shall certify as to the type of the employment and time that such female has been under his employment, together with other information that he may deem to be just to such employee, as well as to future prospective employers.

      Sec. 4.  Nothing contained in this amendatory act shall be construed to affect the provisions of or impair any obligation of any contract in effect on July 1, 1963, relating to the compensation of female employees in this state, and in this regard the provisions of this amendatory act are to be applied prospectively.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1151ê

 

CHAPTER 431, SB 89

Senate Bill No. 89–Committee on State Institutions

CHAPTER 431

AN ACT to amend chapter 433 of NRS, relating to the Nevada state hospital, by adding new sections authorizing acceptance of gifts; establishing a patients’ commissary; providing for appointment of deputies to pay claims in absence of the superintendent; and restricting use of confidential information concerning patients; to amend NRS sections 433.190, 433.200 and 433.440, relating to the state hospital revolving fund, commitment of mentally ill patients, and the patients’ personal deposit fund, by providing for an increase in the state hospital revolving fund to $7,500; by providing for commitment of the mentally ill to private and public hospitals with proper facilities; and by providing for a patients’ petty cash fund; to repeal NRS section 433.150, which restricts the superintendent and staff to a total of three out-of-state professional meetings and seminars; making an appropriation; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  The superintendent is authorized to accept gifts or bequests of money or property to the hospital.

      2.  Monetary gifts or bequests shall be deposited in the state treasury in a fund to be known as the state hospital gift fund, which is hereby created. The fund shall be a continuing fund, and no money in the fund shall be transferred to the general fund at any time. The money in the fund shall be used for hospital purposes only and expended in accordance with the terms of the gift or bequest. The money in the fund shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the superintendent before they are paid.

      Sec. 3.  1.  The superintendent may establish a patients’ commissary or store, which shall exist for the benefit and use of the patients. So far as practicable, sales of supplies and materials shall be at cost. The superintendent shall keep, or cause to be kept, a record of all transactions of the commissary.

      2.  The hospital commissary fund is hereby created, and shall be used to purchase supplies and materials for resale to the patients, to provide money for needy patients, and for such other incidentals as may be deemed necessary by the superintendent. All money drawn from the fund shall be repaid wherever possible.

      3.  The superintendent is directed to deposit the fund in one or more banks of reputable standing, and to maintain a small sum as petty cash at the commissary.

      Sec. 4.  The superintendent may designate an employee or employees of the hospital to act as his deputy or deputies. In case of the absence of the superintendent or his inability for any cause to discharge the duties of his office in payment of claims, such duties shall devolve upon his deputy or deputies.

      Sec. 5.  For the purpose of restricting the use or disclosure of any information concerning patients in the hospital, the superintendent shall establish and enforce reasonable regulations governing the custody, use and preservation of all records, files and communications on file at the hospital.


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

ê1963 Statutes of Nevada, Page 1152 (Chapter 431, SB 89)ê

 

custody, use and preservation of all records, files and communications on file at the hospital.

      Sec. 6.  NRS 433.190 is hereby amended to read as follows:

      433.190  The state hospital revolving fund in the sum of [$2,500] $7,500 is hereby created, and may be used for the payment of hospital bills requiring immediate payment, and for no other purposes. The superintendent is directed to deposit the revolving fund in one or more banks of reputable standing. Payments made from the state hospital revolving fund shall be promptly reimbursed from appropriated funds of the hospital on claims as other claims against the state are paid.

      Sec. 7.  NRS 433.200 is hereby amended to read as follows:

      433.200  1.  The judge of the district court in each judicial district, upon the application of any person under oath setting forth that any person is mentally ill, shall cause the person alleged to be mentally ill to be brought before him at such time and place as he may direct. The judge may direct the clerk of the court to issue subpenas for the attendance of witnesses at the examination of the person, assign counsel to defend such person, require an independent examination in addition to the examinations provided for in subsection 2, and enter such other orders as he may consider necessary to permit a proper determination concerning the mental condition of, and to protect the rights of, the person alleged to be mentally ill.

      2.  Persons alleged to be mentally ill shall be given professional examinations by two licensed practicing physicians authorized to practice medicine in Nevada, one of whom shall be a qualified psychiatrist whenever available. Such examinations shall be given within a period of 3 days prior to the hearing, and the physicians shall testify to the court as to the mental condition of the patient and other matters relating to the alleged illness. If the person alleged to be mentally ill is a veteran of the Armed Forces of the United States such examinations may be given by physician employees of the United States Veterans’ Administration.

      3.  The judge shall interview the person prior to commitment, unless the interview is waived for cause upon a physician’s certificate.

      4.  If the physicians, after careful examination, shall certify upon oath that the allegation is correct, and if the judge is satisfied that such person is mentally ill, and is unable to provide for his or her own proper care and support, and has no property applicable for such purpose, and no kindred in the degree of husband or wife, father or mother, or children, of sufficient means and ability to provide properly for such care and support, he shall cause the person to be conveyed to the Nevada state hospital [,] or to some other public or private general hospital which is qualified to receive, maintain, care for and treat the mentally ill, at the expense of the state, and shall place the person in the charge of the superintendent of the hospital. A copy of the complaint, commitment, physicians’ certificate, and a full and complete transcript of the notes of the official reporter made at the examination of the person before the committing judge shall accompany the person when he is conveyed to the hospital.


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

ê1963 Statutes of Nevada, Page 1153 (Chapter 431, SB 89)ê

 

      5.  Each district attorney or his deputy shall appear and represent the state in all commitment proceedings in his county.

      6.  Each general hospital shall furnish to the [Nevada state] hospital where such person is committed a comprehensive summary of its clinical and personal records concerning any person committed under this section while a patient at such general hospital. The summary shall accompany the patient at the time of his transfer to the [Nevada state] hospital.

      Sec. 8.  NRS 433.440 is hereby amended to read as follows:

      433.440  1.  There shall be maintained at the hospital a fund to be known as the patients’ personal deposit fund.

      2.  Moneys coming into the possession of the superintendent belonging to a committed person shall be deposited in the name of that person in the fund, but when there is a guardian of his estate, the guardian shall have the right to demand and receive the funds.

      3.  When practicable, individual credits in the fund shall not exceed the sum of $150. When the individual credit exceeds the maximum sum, the excess may be applied by the superintendent for costs of support and care and other approved charges against the committed person.

      4.  Any money to the credit of an individual may be used for the purchase of personal necessities or may be applied to the expense of burial.

      5.  Money accepted for the benefit of a committed person for special purposes shall be reserved for such purposes regardless of the total amount to the credit of the committed person.

      6.  [The] Except as provided in subsection 7, the superintendent shall deposit the fund in a commercial account with a bank of reputable standing. When deposits in the commercial account exceed $3,000, the superintendent may deposit the excess, at interest, in a savings account in the same bank. The savings account shall be in the name of the fund. Interest paid by the bank on deposits in the savings account shall be usable for recreation purposes at the hospital.

      7.  The superintendent may maintain at the hospital a petty cash fund of not more than $100 of the moneys in the patients’ personal deposit fund to enable patients to withdraw small sums from their accounts.

      Sec. 9.  There is hereby appropriated from the general fund in the state treasury to the state hospital revolving fund the sum of $5,000.

      Sec. 10.  NRS 433.150 is hereby repealed.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1154ê

 

CHAPTER 432, AB 534

Assembly Bill No. 534–Committee on Ways on Means

CHAPTER 432

AN ACT creating the 1965 state general obligation bond commission and authorizing such commission to issue and sell the general obligation negotiable coupon bonds of the State of Nevada in not to exceed the aggregate principal amount of $1,456,000, for the purpose of constructing and furnishing in a minimum manner a social science (history) building at the University of Nevada, Reno, Nevada; prescribing other details and conditions concerning such bonds; requiring annually the levy and collection of a special property (ad valorem) tax to pay the interest on the bonds and to pay and retire the same and providing for the keeping of the proceeds of such tax in special funds; authorizing the use and investment of the proceeds of the sale or sales of such bonds; prescribing powers, duties and responsibilities of the 1965 state general obligation bond commission, the state planning board, the state board of finance, the state treasurer and other state officers; creating the 1965 state general obligation bond commission fund in the state treasury and making an appropriation therefor; to repeal chapter 358, Statutes of Nevada 1961; providing that this act shall not become effective if the Sales and Use Tax Act is amended by a majority of the registered voters of the state voting at the special election to be held June 11, 1963; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  As used in this act, unless the context otherwise requires, “commission” means the 1965 state obligation bond commission.

      Sec. 2.  The 1965 state general obligation bond commission, consisting of the governor, the secretary of state and the state treasurer is hereby created.

      Sec. 3.  For the purpose only of constructing and furnishing in a minimum manner a social science (history) building at the University of Nevada, Reno, Nevada, the commission shall, after receipt of a resolution from the state planning board certifying the need for moneys to construct and furnish such building in a minimum manner, but not before January 1, 1965, issue and sell the general obligation negotiable coupon bonds of the State of Nevada in not to exceed the aggregate principal amount of $1,456,000.

      Sec. 4.  1.  Each series of bonds shall be authorized by resolution of the commission.

      2.  The bonds shall:

      (a) Be of convenient denominations.

      (b) Be negotiable in form, but may provide for their registration for payment either as to principal alone, or as to both principal and interest.

      (c) Be issued in one or more series.

      (d) Mature serially in regular numerical order at annual or other designated intervals, and in substantially equal amounts of principal, or in substantially equal amounts of principal and interest, insofar as practicable, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by either of the aforesaid limitations or, at the option of the commission, the bonds may mature serially without limitation as to the manner they mature, commencing not later than 3 years from the date of the bonds and ending not more than 20 years therefrom.


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

ê1963 Statutes of Nevada, Page 1155 (Chapter 432, AB 534)ê

 

aforesaid limitations or, at the option of the commission, the bonds may mature serially without limitation as to the manner they mature, commencing not later than 3 years from the date of the bonds and ending not more than 20 years therefrom.

      (e) Bear interest at a rate or rates of not more than 5 percent per annum, the interest on each bond to be payable annually or semiannually, except that the first coupon on any bond may represent interest for any period not in excess of 1 year.

      (f) Be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada, as may be provided by the commission.

      (g) Unless they be registered for payment as to principal and interest, have interest coupons attached in such manner as they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached.

      3.  The resolution authorizing the issuance of any series may provide for the redemption of any or all of the bonds prior to maturity, upon such terms, in such resolution, and upon the payment of such premium, if any, as the commission may determine and state therein.

      4.  The bonds shall otherwise be in such form and shall be printed at such place, within or without the State of Nevada, as may be determined by the commission.

      Sec. 5.  1.  The bonds shall be executed in the name of and on behalf of the State of Nevada, signed by the governor, and countersigned by the state treasurer, with the great seal of the State of Nevada affixed thereto.

      2.  Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the state treasurer.

      3.  Use of facsimile signatures and seals on the bonds is authorized pursuant to the Uniform Facsimile Signatures of Public Officials Act, being chapter 4, Statutes of Nevada 1963, as it may from time to time be amended and supplemented.

      Sec. 6.  1.  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 State of Nevada, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.

      2.  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 coupon pertaining thereto, or upon both the bond and such coupons.

      Sec. 7.  1.  All bonds shall be sold at public sale. No bonds shall be sold at less than par and accrued interest, nor shall any discount or commission be allowed or paid for the sale of the bonds.

      2.  Before selling the bonds the commission shall:

      (a) Cause a notice calling for bids for the purchase of the bonds to be published in a newspaper printed in the state and having a general circulation therein.


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

ê1963 Statutes of Nevada, Page 1156 (Chapter 432, AB 534)ê

 

to be published in a newspaper printed in the state and having a general circulation therein. The notice shall be published once in each calendar week for 4 successive calendar weeks immediately preceding the day when the bids will be opened publicly.

      (b) Give such other notice as may be deemed necessary by the commission.

      Sec. 8.  The notice shall:

      1.  Specify a place and designate a day and the hour thereof when sealed bids for the purchase of the bonds shall be received and opened publicly by the commission.

      2.  Specify the maximum rate of interest the bonds shall bear.

      3.  Require each bidder to submit a written bid specifying:

      (a) The lowest rate of interest and premium, if any, above par, at which the bidder will purchase the bonds; or

      (b) The lowest rate of interest at which the bidder will purchase the bonds at par.

      Sec. 9.  All bids shall:

      1.  Be in writing.

      2.  Be sealed.

      3.  Except any bid of any board or department of the State of Nevada, if one is received, be accompanied by a deposit of 5 percent of the amount of the bid, either in cash or by cashier’s check or certified check.

      Sec. 10.  1.  The bonds shall be sold to the responsible bidder making the highest bid therefor, subject to the right of the commission to reject any and all bids and to readvertise the bonds for sale.

      2.  If there be two or more equal bids for the bonds, and such equal bids are the highest bids received from responsible bidders, and for not less than par and accrued interest, the commission shall determine which of the equal bids shall be accepted, or may divide the bonds so issued between or among the equal bidders.

      Sec. 11.  1.  If a bid for the bonds is accepted, the commission shall return the deposits of all other bidders immediately.

      2.  If the successful bidder fails or neglects to complete the purchase of the bonds within 30 days immediately following the acceptance of the bid, or within 10 days after the bonds are made ready and are offered by the commission for delivery, whichever is later, the amount of the deposit shall be forfeited to the general fund in the state treasury (but no bidder shall forfeit such deposit whenever the bonds are not ready and so offered for delivery within 60 days from the date of the acceptance of his bid), and the commission may publicly resell the bonds as herein provided.

      Sec. 12.  If all bids for the bonds are rejected, the commission shall:

      1.  Forthwith return the deposits of all bidders.

      2.  Readvertise the bonds for sale in the same manner as is provided for the original advertisement.

      Sec. 13.  1.  Before the commission shall deliver bonds under this act, all such bonds shall be registered by the state treasurer in a book kept in his office for that purpose.

      2.  The register shall show:

      (a) The amount of the bonds.


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

ê1963 Statutes of Nevada, Page 1157 (Chapter 432, AB 534)ê

 

      (b) The time of payment.

      (c) The rate of interest the bonds bear.

      3.  After registration by the state treasurer, the state treasurer shall cause the bonds to be delivered to the purchaser or purchasers thereof from the commission, upon payment being made therefor on the terms of the sale or sales.

      Sec. 14.  If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner’s furnishing, to the satisfaction of the state:

      1.  Proof of ownership;

      2.  Proof of loss or destruction;

      3.  A surety bond in twice the face amount of the bond and coupons; and

      4.  Payment of the cost of preparing and issuing the new bond.

      Sec. 15.  Payment of the principal and the interest on the bonds shall be made from the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of NRS 349.080 to 349.140, inclusive.

      Sec. 16.  There shall be levied annually a special tax on all property, both real and personal, subject to taxation within the boundaries of the State of Nevada, including the net proceeds of mines, sufficient to pay the interest on the bonds and to pay and retire the same as provided in this act; and the amount of money to be raised by such tax shall be included in the annual estimate or budget for each county in the state for each year for which such tax is hereby required to be levied. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected. The proceeds thereof levied to pay interest on the bonds shall be kept by the state treasurer in a special fund, separate and apart from all other funds, and the proceeds of the tax levied to pay the principal of the bonds shall be kept by the state treasurer in a special fund, separate and apart from all other funds, which two special funds shall be used for no other purpose than the payment of the interest on the bonds and the principal thereof, respectively, as the same shall fall due. Such tax shall be levied immediately after the issuance of any bonds herein authorized, at the times and in the manner provided by law, and annually thereafter until all of the bonds, and the interest thereon, shall have been discharged. Any sums coming due on the bonds at any time when there are not on hand from such tax levy or levies sufficient funds to pay the same shall be promptly paid when due from the general fund of the state, reimbursement to be made to such general fund in the sums thus advanced when the taxes herein provided for shall have been collected. Nothing herein contained shall be so construed as to prevent the state from applying any other funds that may be available for that purpose to the payment of the interest or principal as the same respectively mature, including, without limiting the generality of the foregoing, the payment of the bonds as provided in section 15 hereof, and upon such payments, the levy or levies here provided may thereupon to that extent be diminished. In any year in which the total taxes to be levied by all overlapping units within the boundaries of the State of Nevada may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any and all such units, the reduction so made shall be in taxes levied by such unit or units (including the state) for purposes other than the payment of their bonded indebtedness, including interest thereon.


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

ê1963 Statutes of Nevada, Page 1158 (Chapter 432, AB 534)ê

 

may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any and all such units, the reduction so made shall be in taxes levied by such unit or units (including the state) for purposes other than the payment of their bonded indebtedness, including interest thereon. The taxes levied hereafter for the payment of such bonded indebtedness and the interest thereon, shall always enjoy a priority over taxes levied by each such unit (including the state) for all other purposes where reduction is necessary to comply with the limitations of section 2 of article 10 of the constitution of the State of Nevada.

      Sec. 17.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed until all the bonds issued under and by virtue hereof, and the interest thereon, shall have been paid in full as provided in this act.

      Sec. 18.  The resolution providing for the issuance of the bonds may state that the bonds may contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.

      Sec. 19.  1.  There is hereby created in the state treasury the 1965 state general obligation bond commission fund.

      2.  There is hereby appropriated from the general fund in the state treasury to the 1965 state general obligation bond commission fund the sum of $20,000.

      3.  Within the limitations of the appropriation made by subsection 2, the commission is authorized to employ legal, fiscal and other expert services in connection with the authorization, issuance and sale of the bonds. All expenses incurred for the preparation, sale and delivery of the bonds, including the preparation of the certified copy of the transcript for the successful bidder, are legal charges against the 1965 state general obligation bond commission fund.

      4.  After the delivery of the bonds any balance remaining of the moneys herein appropriated shall revert to the general fund in the state treasury.

      5.  If this act does not become effective the moneys herein appropriated shall revert to the general fund in the state treasury on July 1, 1963.

      Sec. 20.  The proceeds of the sale or sales of the bonds shall be credited to the state planning board in the state treasury for its use pursuant to the provisions of section 3 of this act, but if it shall appear at the time of the receipt of such proceeds that the state planning board does not require all or a portion of such proceeds immediately, such proceeds or portion thereof may be invested by the state board of finance in short-term bonds, certificates or other evidences of indebtedness of the United States of America or any of its agencies or instrumentalities when such obligations are guaranteed as to principal and interest by the United States of America or by any agency or instrumentality thereof. Any interest received from such investments shall be deposited in the general fund in the state treasury.

      Sec. 21.  1.  The state planning board is charged with the duty of constructing and furnishing in a minimum manner the social science (history) building at the University of Nevada, Reno, Nevada, authorized by this act:

 


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

ê1963 Statutes of Nevada, Page 1159 (Chapter 432, AB 534)ê

 

constructing and furnishing in a minimum manner the social science (history) building at the University of Nevada, Reno, Nevada, authorized by this act:

      (a) As provided in chapter 341 of NRS;

      (b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction and minimum furnishing of such building.

      2.  The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to construct the building and, if necessary, to assist in the preparation of contract documents necessary to such construction.

      3.  All work authorized in connection with such construction shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.

      4.  The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for construction and furnishing of the authorized building. Approved plans and specifications for such building shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on a part or parts of the building, and may let separate contracts for different and separate portions of the building, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.

      Sec. 22.  This act, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise specifically provided. No other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. Except as provided in section 27, no part of this act shall repeal or affect any other law or part thereof.

      Sec. 23.  Bonds issued under the provisions of this act, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the State of Nevada or any subdivision thereof.

      Sec. 24.  It shall be legal for any of the agencies and departments of the State of Nevada 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. 25.  This act being necessary to secure and preserve the public health, safety, convenience and welfare of the people of the State of Nevada, it shall be liberally construed to effect its purpose.


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

ê1963 Statutes of Nevada, Page 1160 (Chapter 432, AB 534)ê

 

      Sec. 26.  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. 27.  Chapter 358, Statutes of Nevada 1961, at pages 724 to 728, inclusive, entitled “An Act creating the 1963 state general obligation bond commission and authorizing such commission to issue and sell the general obligation negotiable coupon bonds of the State of Nevada in not to exceed the aggregate principal amount of $1,456,000, for the purpose of constructing and furnishing in a minimum manner a social science (history) building at the University of Nevada, Reno, Nevada; prescribing other details and conditions concerning such bonds; authorizing the use and investment of the proceeds of the sale or sales of such bonds; prescribing powers, duties and responsibilities of the 1963 state general obligation bond commission, the state planning board, the state board of finance, the state treasurer and other state officers; creating the 1963 state general obligation bond commission fund in the state treasury and making an appropriation therefor; and providing other matters properly relating thereto,” approved April 6, 1961, is hereby repealed.

      Sec. 28.  1.  Notwithstanding the provisions of subsections 2 and 3, section 27 of this act shall become effective upon passage and approval of this act.

      2.  Except as otherwise provided in subsection 1, this act shall become effective on July 1, 1963, only if the Sales and Use Tax Act is not amended by a majority of the registered voters of the state voting at the special election to be held on June 11, 1963, pursuant to law.

      3.  If the Sales and Use Tax Act is amended by a majority of the registered voters of the state voting at the special election to be held on June 11, 1963, pursuant to law, this act, with the exception of section 27 thereof, shall not become effective.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1161ê

 

CHAPTER 433, AB 531

Assembly Bill No. 531–Committee on State, County and City Affairs

CHAPTER 433

AN ACT to amend chapter 269 of NRS, relating to unincorporated towns of the State of Nevada, by adding new sections authorizing the boards of county commissioners acting as town boards of unincorporated towns of this state having a population of less than 7,500 to issue and sell, after approval of the registered voters at an election, general obligation bonds of the town for specific purposes; providing for the form, conditions, maturities and other elements of such general obligation bonds; setting a debt limit for unincorporated towns; authorizing unincorporated towns to have common seals and to change the same at pleasure; to amend NRS sections 269.115, 269.281 and 350.100, relating to the power of the boards of county commissioners to levy taxes for town purposes, the payment of costs of municipal buildings from the town general fund, and the maximum term of town bonds, by authorizing the levy and collection of town taxes for the payment of interest and redemption of outstanding bonds of unincorporated towns; providing that municipal buildings may be paid for by the use of proceeds from the sale of town general obligation bonds; by extending the limit on the term of town bonds from 20 years to 30 years; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  Chapter 269 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.

      Sec. 2.  As used in sections 3 to 16, inclusive:

      1.  “Town” means an unincorporated town in the State of Nevada having a population of less than 7,500, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      2.  “Town board” means the board of county commissioners acting as the town board for an unincorporated town as defined in subsection 1 within its county.

      Sec. 3.  The town board shall have the power, in addition to other powers conferred upon the town board by this chapter or otherwise:

      1.  To lay out, extend, change the grade, open and alter the highways, streets and alleys within the town.

      2.  To require and provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning and repairing, lighting, surfacing and resurfacing, and widening of any highway, street or alley, or in any way whatsoever to improve the same.

      3.  To provide for the purchase, construction, improvement, maintenance and preservation of town parks, swimming pools, tennis courts, public buildings, structures and facilities for recreation and entertainment purposes, and the purchase of sites for all such purposes.

      4.  To provide for construction, repair, maintenance and preservation of sidewalks, crossings, bridges, drains, underground irrigation pipes, water mains, curbs, gutters and storm sewers.

      5.  To provide for the purchase, construction, repair, maintenance and preservation of sanitary sewage facilities, sanitary sewer systems and water systems, and the purchase of sites therefor.


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

ê1963 Statutes of Nevada, Page 1162 (Chapter 433, AB 531)ê

 

      6.  To provide for the maintenance, repair, alteration, improvement, construction and preservation of all town buildings and property not herein mentioned.

      7.  To make any other public improvement of any nature, including the purchase and construction of such buildings, structures, edifices and facilities as the town board may deem appropriate.

      Sec. 4.  1.  The town board shall have the power to issue general obligation bonds for such public improvements and facilities (such bonds being in sections 5 to 16, inclusive, merely designated “the bonds”) at one time or from time to time.

      2.  The authority to issue general obligation bonds conferred by the provisions of sections 2 to 16, inclusive, shall be deemed to be independent and complete, and general obligation bonds may be issued under sections 2 to 16, inclusive, without regard to other provisions or sections of this chapter or Nevada Revised Statutes concerning the issuance of bonds.

      3.  The total general bonded indebtedness of a town shall at no time exceed an amount equal to 25 percent of the total of the last assessed valuation of taxable property situated within the town.

      Sec. 5.  1.  Before issuing general obligation bonds the town board shall call by resolution for the submission of a question authorizing the issuance of the bonds at a general or special election. If an election is called the town board shall cause to be published a notice at least once a week, for at least 3 consecutive weeks, by three publications, in some newspaper of general circulation within the town.

      2.  The notice shall state:

      (a) The date of the election.

      (b) The amount and purpose of the proposed bond issue.

      (c) The maximum interest rate the bonds shall bear.

      3.  Notwithstanding any other provision of this chapter, all general obligation bond elections under sections 2 to 16, inclusive, shall be conducted and canvassed pursuant to NRS 350.020 to 350.070, inclusive.

      Sec. 6.  The bonds shall be publicly sold at not less than their par value.

      Sec. 7.  The town board shall provide for the payment of the bonds and the interest thereon at the time of the regular tax levy for state, county and city purposes, by levying an additional tax upon the property, real and personal, within the limits of the town, sufficient to pay the principal of and the interest on the bonds as the same become due. The taxes shall be assessed and collected the same as other taxes paid to the county treasurer and placed in a fund appropriately designated and solely used for the redemption of the principal of and the interest on the bonds and any prior redemption premium due in connection therewith.

      Sec. 8.  1.  The bonds and the interest thereon may be additionally secured by a pledge of all or a part of the revenues, if any, derived from the operation of the public improvement or facilities obtained with the proceeds of such bonds, and the revenues derived from any enlargement, extension or improvement thereof, theretofore made or thereafter to be made.


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

ê1963 Statutes of Nevada, Page 1163 (Chapter 433, AB 531)ê

 

      2.  If the town does not enter into such a pledge the town board, nevertheless, may apply such revenues, at its discretion, to the payment of such bonds.

      Sec. 9.  1.  An ordinance authorizing any bonds under sections 2 to 16, inclusive, may provide that each bond therein authorized shall recite that it is issued under authority thereof.

      2.  Such recital shall conclusively impart full compliance with all of the provisions of sections 2 to 16, inclusive, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.

      Sec. 10.  The bonds of any series under sections 2 to 16, inclusive, shall:

      1.  Be of convenient denominations;

      2.  Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment either as to principal alone, or as to interest, or as to both principal and interest;

      3.  Be issued at one time or from time to time in one series or more;

      4.  Mature serially in regular numerical order at annual or other designated intervals, in not exceeding 30 years from the date of the bonds, commencing not later than 3 years therefrom, and in substantially equal amounts of principal, or upon an amortization plan for such bonds so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on the bonds, or upon an amortization plan for all general obligation bonds of the town 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 town (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 town board may determine;

      5.  Bear interest at a rate or rates of not more than 6 percent per annum, the interest on each bond to be payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;

      6.  Have interest coupons attached in such manner that they may be removed upon the payment of the installments of interest without injury to the bonds;

      7.  Be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada, as may be provided by the town board; and

      8.  Be printed at such place or places, within or without the state, as the town board may determine.

      Sec. 11.  Any ordinance authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, as the town board may determine and state therein.

      Sec. 12.  1.  The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the town board in the ordinance or ordinances authorizing the bonds, except as otherwise provided in sections 2 to 16, inclusive, of this act.


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

ê1963 Statutes of Nevada, Page 1164 (Chapter 433, AB 531)ê

 

with such other details, as may be provided by the town board in the ordinance or ordinances authorizing the bonds, except as otherwise provided in sections 2 to 16, inclusive, of this act.

      2.  Pending preparation of the definitive bonds, temporary bonds in such form and with such provisions as the town board may determine may be issued.

      3.  Subject to the payment provisions expressly provided in sections 2 to 16, inclusive, the bonds, any interest coupons thereto attached, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.

      Sec. 13.  Notwithstanding any other provision of law, the town board in any proceedings authorizing bonds under sections 2 to 16, inclusive, may:

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

      2.  Make such provision for installment payments of the principal amount of any such bond as it may consider desirable;

      3.  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.

      Sec. 14.  1.  If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner’s furnishing, to the satisfaction of the town 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.

      2.  Any other bond may be reissued upon such conditions as the town board may determine.

      Sec. 15.  1.  Any bond shall be executed in the name of and on behalf of the town, signed by the chairman of the board of county commissioners, countersigned by the county clerk, with the official seal of the town affixed thereto.

      2.  Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the county clerk.

      3.  Use of facsimile signatures and seals on these bonds is authorized pursuant to the Uniform Facsimile Signatures of Public Officials Act, as it may from time to time be amended or supplemented.

      Sec. 16.  1.  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 town, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.

      2.  Any officer authorized or permitted to sign any bond, pursuant to sections 2 to 16, inclusive, 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.


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

ê1963 Statutes of Nevada, Page 1165 (Chapter 433, AB 531)ê

 

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. 17.  An unincorporated town or city in this state shall have a common seal and may change the same at pleasure.

      Sec. 18.  NRS 269.115 is hereby amended to read as follows:

      269.115  [In] 1.  Except as provided in subsection 2, in addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state shall have the power and duty to levy a tax, not exceeding 1.5 percent per annum, upon the assessed value of all real and personal property, including the proceeds of mines, situated in any unincorporated town or city in their respective counties, made taxable by law for state county purposes.

      2.  In addition to the taxes levied in accordance with the provisions of subsection 1, each board of county commissioners shall levy a tax for the payment of interest and redemption of outstanding bonds of the unincorporated town or city issued pursuant to the provisions of sections 2 to 16, inclusive, of this amendatory act.

      Sec. 19.  NRS 269.281 is hereby amended to read as follows:

      269.281  1.  Municipal buildings for the use of the town and its officers, engine houses and the structures of the fire department, and other public purposes, including the necessary land for such purposes, shall be paid for from: [the]

      (a) The proper general fund of the town, except that, in case of lands apportioned for streets and rights-of-way, the cost thereof may be paid in whole or in part from the proceeds of a special assessment levied therefor in the manner herein prescribed [.] ; or

      (b) The proceeds of any sale of general obligation bonds of the town issued pursuant to sections 2 to 16, inclusive, of this amendatory act.

      2.  Whenever, in the opinion of the board, the benefits thereof are special rather than general or public, the cost and expense of any local improvements may be defrayed in whole or in part by special assessments upon the lands abutting upon or adjacent to or otherwise benefited by such improvements. Such special assessments may be made in the manner hereinafter specified.

      Sec. 20.  NRS 350.100 is hereby amended to read as follows:

      350.100  1.  Bonds issued under NRS 350.010 to 350.200, inclusive, shall never be issued to run for a longer period than 20 years from the date of the issue, and shall, as near as practicable, be issued for a period which shall be equivalent to the life of the improvement to be acquired by the use of the proceeds of the bonds.

      2.  The provisions of this section shall not apply to irrigation district bonds [.] or the bonds of unincorporated towns issued pursuant to the provisions of sections 2 to 16, inclusive, of this amendatory act.

      Sec. 21.  If any section, paragraph, clause or provision of this act shall for any reason be held 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. 22.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1166ê

 

CHAPTER 434, AB 500

Assembly Bill No. 500–Committee on State, County and City Affairs

CHAPTER 434

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 26, 1963]

 

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

do enact as follows:

 

      Section1.  Section 3 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 35, Statutes of Nevada 1961, at page 35, is hereby amended to read as follows:

      Section 3.  Officers, Election of-Elections, When and How Held; Commissioners’ Classes of Ballot. On the first Tuesday after the first Monday in May 1957, and on the same day every four years thereafter, a primary municipal election shall be held at which time there shall be nominated candidates for the two commissioners’ offices, the same being those designated as commissioners “2” and “4” whose terms expire in June 1957, a city attorney, and a judge of the municipal court.

      On the first Tuesday after the first Monday in May 1959, and on the same day every four years thereafter, a primary municipal election shall be held at which time there shall be nominated candidates for mayor, two commissioners’ offices, the same being those designated as commissioners “1” and “3.”

      A candidate for any office to be voted for at the primary municipal election shall file an affidavit of candidacy with the city clerk, not less than thirty (30) days nor more than forty (40) days before the primary election. If the last day limited for filing an affidavit of candidacy shall fall on a Saturday, Sunday, legal holiday or any holiday proclaimed by the governor, then the period so limited shall expire on the preceding business day at 5 p.m. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of $50. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.

      If, in the primary municipal election, one candidate shall receive more than a majority of votes cast in that election for the office for which he is a candidate, his name alone shall be placed on the ballot for the general municipal election. If, in the primary municipal election, no candidate shall receive a majority of votes cast in that election for which he is a candidate, then the names of the two candidates receiving the highest number of votes shall be placed on the ballot for the general city election.

      [A general municipal election shall be held in the city on the first Tuesday after the first Monday in June 1957, at which time there shall be elected two commissioners, as hereinbefore provided, one city attorney, and one judge of the municipal court.


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

ê1963 Statutes of Nevada, Page 1167 (Chapter 434, AB 500)ê

 

attorney, and one judge of the municipal court. All candidates, at the general municipal election, shall be voted on by the electors of the city at large.] If the results of the primary municipal election reveal that for each of the offices to be filled, one nominee therefor received more than a majority of the votes cast for such office, all such nominees shall be declared elected and the general municipal election shall not be held.

      A general municipal election shall be held in the city on the first Tuesday after the first Monday in June 1957, and on the same day every four years thereafter, at which time there shall be elected two commissioners, the same being designated as commissioners “2” and “4,” a city attorney and a judge of the municipal court. All candidates shall be voted upon by the electors of the city at large.

      A general municipal election shall be held in the city on the first Tuesday after the first Monday in June 1959, and on the same day every four years thereafter, at which time there shall be elected a mayor and two commissioners, the same being designated as commissioners “1” and “3.” All candidates shall be voted upon by the electors of the city at large.

      The board of commissioners of [said] the city shall, not later than the first Tuesday in March of each year in which [said] city elections are to be held, order such elections and shall determine the places in [said] the city for holding the same. The mayor [of said city] shall forthwith make proclamation thereof, and otherwise [said] the elections and the manner of holding the same shall be governed by the laws of the State of Nevada governing elections, and in the event there shall be any failure on the part of the general laws of the state to provide for some feature of [said] the city elections, then the board of commissioners of [said] the city shall have the power to provide for such deficiency. The four commissioners to be elected as provided for in this act shall be voted for and elected separately and shall be designated on the official ballot by numbering the same “1,” “2,” “3,” and “4.” Each person desiring to become a candidate for commissioner, as aforesaid, shall designated the number of the class to which he desires to become a candidate and his name shall be placed on the official ballots beneath the number he selected, and each voter shall vote for only one candidate in each class.

      [The officers of the city duly elected at the election held on the first Tuesday after the first Monday in May 1953 shall hold office until the first regular meeting of the board of commissioners next succeeding that in which canvass of returns is made following the general municipal election to be held in June 1957.]

      Sec. 2.  Section 4 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 35, Statutes of Nevada 1961, at page 37, is hereby amended to read as follows:

      Section 4.  Registration-Election-Registry Agent-[Nomination-] Canvass-Tie Vote Procedure. The conduct of carrying on all special city elections, not otherwise provided for, shall be under the control of the board of commissioners and they shall order such elections and shall determine the time and the places in [said] the city for holding the same, and the mayor [of said city] shall forthwith make proclamation thereof.


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

ê1963 Statutes of Nevada, Page 1168 (Chapter 434, AB 500)ê

 

city for holding the same, and the mayor [of said city] shall forthwith make proclamation thereof. [Said] The board of city commissioners shall appoint the necessary officers for the conduct of all special elections not otherwise provided for in this charter and do all other or further things required to hold such elections. All persons who reside within the exterior boundaries of the city of Las Vegas at the time of holding any city election and are qualified to vote at [said] the election and whose names appear upon the official register of voters [in and for said] of the city shall have the right to vote at each city election, whether regular or special, and for all offices to be voted for and on all questions that may be submitted to the people at any such general or special city election. It shall not be necessary to have a new registration of electors preceding any general or special municipal election. During the time intervening between the closing of any registration of electors at the last preceding general election and the date of the next ensuing general or special municipal election, the county clerk of Clark County shall prepare and certify from the official register of the last preceding general election in suitable books, one for each precinct or voting district within [said] the city, the names of all electors contained in [said] the official register, alphabetically arranged, surname first, who reside within the exterior boundaries of [said] the city and are qualified to vote at [said] the election, together with all other entries found opposite such name; provided, that before delivering the copy of the registration list as prepared by him in accordance herewith [said] the county clerk shall enter thereon all the names of electors qualified to vote at [said] the ensuing municipal election, who have registered in his office or before any duly authorized registry agent, subsequent to the preceding general election and prior to the close of registration for [said] the ensuing general municipal election, together with the names of all electors who shall have moved from one precinct to another in [said] the city and by him legally transferred. [Said] The county clerk of Clark County shall keep in his office the original copy of [said] the registration list and shall, not later than three (3) days preceding the election for which [said] the registration list has been prepared, deliver to the city clerk of the city of Las Vegas one certified list for each precinct or voting district in [said] the city, [said] such certified list to contain the names of voters entitled to vote in the precinct or voting district for which [said] the list is prepared, and none other. The city clerk shall, not later than the day preceding [said] the election, deliver to one of the inspectors of election for each precinct or voting district in [said] the city, the book or list prepared for the precinct or voting district in which [said] such inspector of election is to act. The city clerk shall prepare and deliver to an inspector of election for each precinct or voting district all necessary supplies and equipment as required by the election laws for the conduct of elections, such supplies to be delivered to [said] the inspectors not later than the day preceding any general or special municipal election. The board of commissioners of [said] the city shall provide all necessary books and supplies for the carrying out of the purposes of this section, and in addition to the provisions of this section the [said] shall in all other respects be conducted and held in accordance with the provisions of the election laws of the State of Nevada, and the charter and ordinances of [said] the city of Las Vegas.


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

ê1963 Statutes of Nevada, Page 1169 (Chapter 434, AB 500)ê

 

section the [said] shall in all other respects be conducted and held in accordance with the provisions of the election laws of the State of Nevada, and the charter and ordinances of [said] the city of Las Vegas. The [said] county clerk of Clark County as in this act contained shall be entitled to receive, as full compensation for all services rendered by him under the provisions hereof, the sum of fifteen (15) cents per name of each elector by him copied, regardless of the number of times each name shall be copied, which shall be a valid claim against the [said] city; and his account shall be made out so as to clearly show the number of names by him copied, and sworn to and filed with the board of commissioners of the city; and [said] such claim, together with all other just and reasonable demands of other persons for books, advertising, and supplies, necessarily incurred in carrying out the requirements of this act, shall be audited and paid out of the general fund of [said] the city; provided, that if the board of commissioners shall deem it necessary and expedient, it shall cause to be printed a list of registered voters. [Candidates for any office to be voted for at such municipal election may be nominated in the following manner: A petition of nomination containing the name of the candidate to be nominated, the office for which he is nominated, setting forth his qualifications as required by section 6 of chapter 2 of the above-entitled act, and duly subscribed and sworn to, shall be filed with the city clerk of said city not more than fifty days nor less than thirty days before the day of election. If the last day limited for filing a petition of nomination shall fall on a Saturday, Sunday, legal holiday or any holiday proclaimed by the governor, then the period so limited shall expire on the preceding business day at 5 p.m. No certificate of nomination shall contain the name of more than one candidate for each office to be filled. There shall be charged each candidate for filing a fee of five dollars, which shall be paid to the city clerk at the time of filing and go to the general fund of the city. After receiving the petitions of nominations as contained in the above paragraph, the city clerk shall perform each and every act necessary, as now or may hereafter be provided by law, to place the names of the candidates on the ballot; and the election laws of the State of Nevada shall be applicable for the uses and purposes of said municipal elections where this act fails to provide for the same.] On the Tuesday following any city election in [said] the city of Las Vegas, or as soon thereafter as practicable, the board of commissioners of the city of Las Vegas then in office shall canvass the returns and declare the election of the candidates receiving the highest number of votes, and [or] the adoption or rejection of any proposition or propositions voted on at [said] the election. And in the event it should appear that a tie vote exists as to any two or more of the candidates for any office made elective by popular vote, the board of commissioners of the city of Las Vegas shall forthwith summon the candidates who have received such tie votes to appear before such board, and such board in the presence of such candidates shall determine the tie by lot.

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1170ê

 

CHAPTER 435, AB 464

Assembly Bill No. 464–Clark County Delegation

CHAPTER 435

AN ACT to amend NRS sections 403.420 and 403.430, relating to county road rights-of-way, by removing the 80-foot limitation on the width of county road and highway rights-of-way.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  NRS 403.420 is hereby amended to read as follows:

      403.420  1.  The board of county commissioners is authorized and empowered to accept the grant of rights-of-way for the construction of highways over public lands of the United States not reserved for public uses contained in c. 262, § 8, 14 Stat. 253 (43 U.S.C. § 932).

      2.  Such acceptance shall be by resolution of the board of county commissioners spread upon the records of its proceedings.

      3.  Nothing herein contained shall be construed to invalidate the acceptance of such grant by general public use and enjoyment heretofore or hereafter had.

      4.  The board of county commissioners is further authorized and empowered to locate and determine the width of such rights-of-way [, provided the same shall not exceed 80 feet in width,] and to locate, open for public use and establish thereon public roads or highways.

      Sec. 2.  NRS 403.430 is hereby amended to read as follows:

      403.430  1.  If 24 freeholders of any county shall petition the board of county commissioners for the location, opening to public use, reestablishment, change or vacation of any road or highway to connect with any highway heretofore established, or any street or alley in any unincorporated town is such county, setting forth in the petition the beginning, course and termination of such road, highway, street or alley proposed to be located, opened to public use, reestablished, changed or vacated, together with the names of the owners or occupants of the land through which the same may pass, the county clerk shall lay such petition before the board of county commissioners at its next session thereafter.

      2.  Within 20 days thereafter, the board of county commissioners may proceed to locate, open to public use, reestablish, change or vacate such road, highway, street or alley.

      3.  The width of all public highways laid out or opened under the provisions of this section shall be regulated and established by the board of county commissioners. [, but no such highways shall exceed 80 feet in width.]

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1171ê

 

CHAPTER 436, AB 280

Assembly Bill No. 280–Clark County Delegation

CHAPTER 436

AN ACT to amend NRS section 201.250, relating to obscene publications and exhibitions, by limiting the applicability of the provisions of such section to persons who knowingly engage in acts which violate such provisions.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  NRS 201.250 is hereby amended to read as follows:

      201.250  1.  Every person who [:] knowingly:

      (a) Shall sell, lend or give away, or have in his possession with intent to sell, lend, give away or show, any obscene or indecent book, magazine, pamphlet, newspaper, story paper, illustrated comic book, writing, picture, drawing, photograph, or any article or instrument of indecent or immoral character; or who shall design, copy, draw, photograph, print, utter, publish or otherwise prepare such a book, picture, drawing, paper or other article; or write or print any circular, advertisement or notice of any kind, or give oral information stating when, where, how or from whom such an indecent or obscene article or thing can be purchased or obtained; or

      (b) Shall sell, lend, give away or have in his possession with intent to sell, lend, give away or show to any child under 18 years of age, any illustrated comic book devoted to the publication or largely made up of, or which when read as a whole is concerned with or depicts, criminal news, police reports, accounts of criminal deeds, pictures, drawings, photographs or stories of deeds of bloodshed, lust or crimes as enumerated below and as defined by the laws of this state:

      Abortion,

      Administering poisons and other noxious substances,

      Arson,

      Assault,

      Assault with intent to commit a crime,

      Bribery of a public officer,

      Burglary,

      Carrying concealed weapons,

      Counterfeiting,

      Crime against nature,

      Dispensing unlawfully narcotic drugs,

      Embezzlement,

      Forgery,

      Ghoulism and body snatching,

      Incest,

      Involuntary manslaughter,

      Kidnaping,

      Larceny,

      Lewdness,

      Malicious mischief,

      Obtaining money by false pretenses,

      Rape,

      Robbery,


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

ê1963 Statutes of Nevada, Page 1172 (Chapter 436, AB 280)ê

 

      Selling liquor to minors,

      Selling opium,

      Voluntary manslaughter,

      Conspiracy or attempt to commit any of the foregoing offenses;

or

      (c) Shall exhibit within the view of any minor any of the books, papers or other things hereinbefore enumerated; or

      (d) Shall hire, use or employ, or having custody or control of his person shall permit, any minor to sell, give away, or in any manner distribute any article hereinbefore mentioned; or

      (e) Shall cause to be performed or exhibited, or engage in the performance or exhibition of, any obscene, indecent or immoral show, act or performance,

shall be guilty of a misdemeanor.

      2.  Illustrated comic books as defined in this section shall include, but shall not be limited to, publications where the text is not prominently featured, but rather is incidental to the picture, being usually in the balloons that indicate the words spoken by the characters.

      3.  This section shall not be construed to apply to:

      (a) Those accounts of crime which are part of the ordinary and general dissemination of news, nor to such drawings and photographs used to illustrate such accounts.

      (b) Legitimate, illustrated, historical accounts of crime and crimes.

      4.  If any publication prohibited hereunder shall be displayed in any newsstand, bookstore, drugstore, market or other mercantile establishment, where the prohibited publications may be seen by any child under the age of 18 years visiting such establishment, such display shall be prima facie evidence that the person in charge of such establishment was then exhibiting the crime comic book or other prohibited publication and intended to sell, offer for sale, furnish or attempt to furnish such prohibited publication to a child or children under the age of 18 years in violation of this section, but it shall be competent for the defendant in such case to show that no such intention existed.

      5.  Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. If more than one publication prohibited hereunder shall be offered, exhibited, kept or displayed in violation of this section, at the same location by the same person, the offering, exhibiting, keeping or displaying of each separate publication prohibited hereunder shall constitute a separate offense and shall be punished as such hereunder. If two or more publications prohibited hereunder are furnished or sold at the same time by the same person, the sale or furnishing of each shall constitute a separate offense and shall be punishable as such hereunder.

      6.  If any provision of this section, or the application thereof to any person or circumstance, is held invalid, the remainder of the section, and the application of such provisions to other persons or circumstances, shall not be affected thereby.

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

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1173ê

 

CHAPTER 437, AB 342

Assembly Bill No. 342–Committee on Legislative Functions

CHAPTER 437

AN ACT to amend NRS section 218.230, relating to the compensation of officers and employees of the legislature, by increasing such compensation for legislative officers and employees; eliminating provisions for pay increases on the basis of merit; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  NRS 218.230 is hereby amended to read as follows:

      218.230  [1.] There shall be paid to the several officers and employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each day’s employment and no more: [, except on the basis of merit as provided in subsections 2 and 3:]

 

                                                              Senate

Assistant secretary............................................................................... [$18]         $22

Clerks......................................................................................................... [11]           12

Committee stenographer........................................................................ [17]           18

Engrossing clerk...................................................................................... [14]           16

Enrolling clerk.......................................................................................... [14]           16

History clerk............................................................................................. [15]           20

Journal clerk............................................................................................. [15]           20

Minute clerk............................................................................................. [15]           20

Page............................................................................................................. [9]           12

Secretary................................................................................................... [28]           40

Sergeant-at-arms...................................................................................... [14]           16

Stenographers.......................................................................................... [15]           16

 

                                                            Assembly

Assistant chief clerk............................................................................. [$18]         $22

Chief clerk................................................................................................. [28]           40

Clerks......................................................................................................... [11]           12

Committee stenographer........................................................................ [17]           18

Engrossing clerk...................................................................................... [14]           16

Enrolling clerk.......................................................................................... [14]           16

History clerk............................................................................................. [15]           20

Journal clerk............................................................................................. [15]           20

Minute clerk............................................................................................. [15]           20

Pages........................................................................................................... [9]           12

Sergeant-at-arms...................................................................................... [14]           16

Stenographers.......................................................................................... [15]           16

Supply clerk.............................................................................................. [12]           13

Typists...................................................................................................... [12]           13

 

      [2.  Increase in such daily pay may be made on the basis of merit for the following officers or employees:


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

ê1963 Statutes of Nevada, Page 1174 (Chapter 437, AB 342)ê

 

Senate

             Committee stenographer

             Enrolling clerk

             History clerk

             Journal clerk

             Minute clerk

             Sergeant-at-arms

             Stenographers

 

Assembly

             Committee stenographers

             Enrolling clerk

             History clerk

             Journal clerk

             Minute clerk

             Sergeant-at-arms

             Stenographers

             Supply clerk

             Typists

 

      3.  Whenever any employee listed in subsection 2 has performed satisfactory service during any period of employment the daily pay of such employee may be increased by $1 for any succeeding period of employment, but the total of such merit increases shall not exceed $3.]

      Sec. 2.  This act shall become effective on July 1, 1963.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1175ê

 

CHAPTER 438, AB 539

Assembly Bill No. 539–Committee on State, County and City Affairs

CHAPTER 438

AN ACT resolving conflicts in statutes resulting from the enactment of chapter 393, Statutes of Nevada 1963; to amend the title of and to amend an act entitled “An Act to amend chapter 232 of NRS, relating to the state department of conservation and natural resources, by adding new sections creating the department of health and welfare, incorporating the functions of the Nevada state children’s home, the state department of health, the Nevada state hospital, the state alcoholism agency, the state welfare department, the Nevada youth training center and the Nevada girls training center; to amend chapters 210, 232, 422, 433, 439, 441, 442, 443, 444, 449 and 452 and NRS sections 62.200, 62.310, 127.050, 127.057, 127.120, 127.130, 127.185, 127.200, 127.210, 128.040, 159.110, 210.010, 210.020, 210.060, 210.065 to 210.085, inclusive, 210.160, 210.200, 210.230, 210.400, 210.450, 210.470 to 210.490, inclusive, 210.510, 210.560, 210.650, 232.150, 244.263, 281.150, 281.210, 284.140, 310.100, 313.525, 313.530, 318.170, 422.030, 422.040, 422.060 to 422.090, inclusive, 422.110, 422.120, 422.140, 422.160, 422.180 to 422.230, inclusive, 422.250 to 422.310, inclusive, 422.340, 423.010, 423.030, 423.050, 423.065, 423.100, 424.020 to 424.070, inclusive, 425.030 to 425.050, inclusive, 425.070 to 425.120, inclusive, 425.150, 425.170, 425.200, 425.220, 426.090, 426.115 to 426.130, inclusive, 426.300 to 426.330, inclusive, 426.350 to 426.390, inclusive, 426.410, 426.420, 426.440, 426.450, 426.470 to 426.490, inclusive, 426.520, 426.530, 426.550 to 426.570, inclusive, 426.610 to 426.650, inclusive, 426.670 to 426.690, inclusive, 426.710 to 426.730, inclusive, 427.020, 427.090, 427.130, 427.140, 427.155, 427.160, 427.190, 427.210 to 427.280, inclusive, 428.090, 431.010 to 431.100, inclusive, 431.120, 432.010 to 432.040, inclusive, 432.070, 432.080, 433.070, 433.120, 433.130, 433.140, 433.410, 436.010, 436.020, 436.050 to 436.070, inclusive, 436.090, 439.010, 439.020, 439.080 to 439.100, inclusive, 439.130, 439.135, 439.140 to 439.180, inclusive, 439.240, 439.260, 439.270, 439.310, 439.330, 439.340, 439.390, 439.480, 439.550, 439.570, 439.580, 440.240, 440.260, 440.600, 440.660, 441.060, 441.070, 441.090 to 441.160, inclusive, 441.180, 441.200, 441.250, 441.260, 442.080, 442.120 to 442.230, inclusive, 443.075 to 443.165, inclusive, 444.070 to 444.110, inclusive, 444.190, 445.050, 445.060, 445.080 to 445.100, inclusive, 446.050, 446.130, 447.190, 449.040, 449.060, 449.080, 449.090, 449.140 to 449.180, inclusive, 449.200, 449.220 to 449.245, inclusive, 449.260, 449.340, 452.210 to 452.240, inclusive, 457.020, 457.070, 457.170, 457.180, 458.010, 458.030 to 458.115, inclusive, 458.170, 488.335, 488.355, 543.590, 583.020, 583.040, 583.080, 584.180, 584.190 to 584.200, inclusive, 584.210, 585.200, 630.285, 631.270 and 631.310, relating to various functions of the Nevada state children’s home, the state department of health, the Nevada state hospital, the state alcoholism agency, the state welfare department, the Nevada youth training center and the Nevada girls training center, by making technical changes necessitated by the creation of the department of health and welfare; to repeal NRS sections 422.150, 422.170, 423.060, 433.080, 439.260, 443.035 and 443.045, relating to the state welfare director, the superintendent of the Nevada state children’s home, the superintendent and medical director of the Nevada state hospital, distribution of diphtheria antitoxin, and the medical director of the tuberculosis care program; and providing other matters properly relating thereto,” approved April 19, 1963; to amend the title of and to amend an act entitled “An Act to amend chapter 62 of NRS, relating to the juvenile court, by adding new sections giving such court jurisdiction over adults incidental to its jurisdiction over children; regulating the issuance and service of orders; and providing penalties; to amend NRS sections 62.200 and 62.240, relating to orders which may be made by the juvenile court, by empowering the court to order persons to refrain from conduct or neglect bringing a child within the provisions of the Juvenile Court Act; by making a technical correction; and providing other matters properly relating thereto,” approved April 8, 1963; to amend the title of and to amend an act entitled “An Act to amend NRS sections 62.200, 62.230 and 210.580, relating to procedure of the juvenile court upon entry of an order, compensation for care of juveniles, and commitment of delinquent female minors, by providing for commitment of female minors to private institutions within the state at state expense within the limits of legislative appropriations; by requiring approval by the superintendent of the Nevada girls training center or the Nevada youth training center prior to commitment of children to private institutions; and by providing other matters properly relating thereto,” approved April 18, 1963; to amend the title of and to amend and act entitled “An Act to amend chapter 443 of NRS, relating to tuberculosis and silicosis, by adding new sections declaring legislative intent; empowering any health officer to investigate persons believed to have tuberculosis; authorizing the health officer to issue isolation, confinement and quarantine orders; providing that the state health officer may advise state institutions regarding the control of tuberculosis; providing that it is unlawful for a person afflicted with tuberculosis willfully to expose others to the disease; providing penalties; and providing other matters properly relating thereto,” approved April 18, 1963; to amend the title of and to amend an act entitled “An Act to amend NRS section 425.030, relating to definitions in the Aid to Dependent Children Act of 1955, by redefining assistance to include medical and remedial care; to amend chapter 425 of NRS, relating to aid to dependent children, by adding a new provision creating the aid to dependent children medical and remedial care fund in the state treasury and by providing the purposes and uses of such fund; and providing other matters properly relating thereto,” approved April 5, 1963; to repeal chapters 181, 189, 207 and 278, Statutes of Nevada 1963, relating to county advisory welfare boards, aid to the blind, nepotism, and maintenance and special services for children, to amend chapter 443 of NRS and NRS sections 62.200, 210.065, 210.470, 281.210, 422.140, 422.200, 422.300, 425.030 and 426.440, relating to tuberculosis and silicosis, procedure in juvenile court proceedings upon entry of judgment, the Nevada youth training center, the Nevada girls training center, nepotism, powers and duties of the state welfare director and state welfare board, county advisory welfare boards, aid to dependent children, and aid to the blind, by incorporating previously enacted conflicting amendments to such chapter and sections; and providing other matters properly relating thereto.


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

ê1963 Statutes of Nevada, Page 1176 (Chapter 438, AB 539)ê

 

compensation for care of juveniles, and commitment of delinquent female minors, by providing for commitment of female minors to private institutions within the state at state expense within the limits of legislative appropriations; by requiring approval by the superintendent of the Nevada girls training center or the Nevada youth training center prior to commitment of children to private institutions; and by providing other matters properly relating thereto,” approved April 18, 1963; to amend the title of and to amend and act entitled “An Act to amend chapter 443 of NRS, relating to tuberculosis and silicosis, by adding new sections declaring legislative intent; empowering any health officer to investigate persons believed to have tuberculosis; authorizing the health officer to issue isolation, confinement and quarantine orders; providing that the state health officer may advise state institutions regarding the control of tuberculosis; providing that it is unlawful for a person afflicted with tuberculosis willfully to expose others to the disease; providing penalties; and providing other matters properly relating thereto,” approved April 18, 1963; to amend the title of and to amend an act entitled “An Act to amend NRS section 425.030, relating to definitions in the Aid to Dependent Children Act of 1955, by redefining assistance to include medical and remedial care; to amend chapter 425 of NRS, relating to aid to dependent children, by adding a new provision creating the aid to dependent children medical and remedial care fund in the state treasury and by providing the purposes and uses of such fund; and providing other matters properly relating thereto,” approved April 5, 1963; to repeal chapters 181, 189, 207 and 278, Statutes of Nevada 1963, relating to county advisory welfare boards, aid to the blind, nepotism, and maintenance and special services for children, to amend chapter 443 of NRS and NRS sections 62.200, 210.065, 210.470, 281.210, 422.140, 422.200, 422.300, 425.030 and 426.440, relating to tuberculosis and silicosis, procedure in juvenile court proceedings upon entry of judgment, the Nevada youth training center, the Nevada girls training center, nepotism, powers and duties of the state welfare director and state welfare board, county advisory welfare boards, aid to dependent children, and aid to the blind, by incorporating previously enacted conflicting amendments to such chapter and sections; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  NRS 62.200 is hereby amended to read as follows:

      62.200  1.  If the court shall find that the child is within the purview of this chapter, it shall so decree and may, by order duly entered, proceed as follows:

      (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court shall determine.

      (b) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children, or place him in a family home. In committing a child to a private institution or agency the court shall select one that is [approved] licensed by the [state welfare department,] welfare division of the department of health and welfare to care for such children, or, if such institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Nevada girls training center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.


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

ê1963 Statutes of Nevada, Page 1177 (Chapter 438, AB 539)ê

 

commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

      (c) Order such medical, psychiatric, psychologic or other care and treatment as the court may deem to be for the best interests of the child, except as herein otherwise provided.

      (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct or neglect which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

      2.  At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

      3.  No adjudication by the court upon the status of any child shall operate to impose any of the civil disabilities ordinarily resulting from conviction, nor shall any child be deemed a criminal by reason of such adjudication, nor shall such adjudication be deemed a conviction, nor shall any child be charged with crime or convicted in any court, except as provided in NRS 62.080. This disposition of a child or any evidence given in the court shall not operate to disqualify the child in any future civil service application or appointment; nor shall the name or race of any such child in connection with any proceedings under this chapter be published in any newspaper without a written order of the court.

      4.  Whenever the court shall commit a child to any institution or agency it shall transmit at the time the child is received at the institution or prior thereto a summary of its information concerning the child. The institution or agency shall give to the court such information concerning such child as the court may at any time require.

      Sec. 2.  Section 18 of the above-entitled act, being chapter 393, Statutes of Nevada 1963, is hereby amended to read as follows:

      Section 18.  NRS 159.110 is hereby amended to read as follows:

      159.110  1.  If the estate of any incompetent person who is the recipient of assistance from any [division of the state welfare department] section of the welfare division of the department of health and welfare consists wholly of monthly assistance payments or other benefits provided by any [division of the state welfare department,] section of the welfare division, and no legal guardian for the incompetent person has been duly appointed, the [state welfare department] welfare division may petition for the appointment of a guardian of the estate of the incompetent person.

      2.  Should any officer of the [state welfare department] welfare division file a petition as provided in this section, no fees of any kind shall be required by the county clerk, the county recorder or other county officer.

      3.  Before a guardian may be appointed under the provisions of this section, the judge shall direct the clerk to issue a citation requiring the supposed insane or incompetent person to be and appear at a time and place to be specified therein to show cause why a guardian of his estate should not be appointed. The citation shall be served, as provided in NRS 159.210, on the person and also on the person with whom or in whose custody the insane or incompetent person may be, not less than 5 days before the return day thereof.


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

ê1963 Statutes of Nevada, Page 1178 (Chapter 438, AB 539)ê

 

whom or in whose custody the insane or incompetent person may be, not less than 5 days before the return day thereof. No fees of any kind shall be required for the issuance and service of such citation.

      4.  The court making the appointment may, in its discretion, waive the furnishing of a bond by any person appointed as a guardian under this section.

      Sec. 3.  NRS 210.065 is hereby amended to read as follows:

      210.065  1.  The superintendent shall have wide and successful administrative experience in youth correctional programs embodying rehabilitative or delinquency prevention concepts. He shall have had at least 2 years’ administrative experience in an institution dealing primarily with youth on a 24-hour basis, and shall have graduated from an accredited 4-year college or university, or have had an equivalent combination of experience and training, substituting 2 years of such experience for 1 year of training.

      2.  The [governor] director shall request the [state department of] personnel division of the department of administration to use extensive recruitment and merit selection techniques and procedures to provide a list of persons qualified for appointment as superintendent.

      Sec. 4.  NRS 210.470 is hereby amended to read as follows:

      210.470  1.  The superintendent shall have wide and successful administrative experience in youth correctional programs embodying rehabilitative or delinquency prevention concepts. He shall have had at least 2 years’ administrative experience in an institution dealing primarily with youth on a 24-hour basis, and shall have graduated from an accredited 4-year college or university, or have had an equivalent combination of experience and training, substituting 2 years of such experience for 1 year of training.

      2.  The [governor] director shall request the [state department of] personnel division of the department of administration to use extensive recruitment and merit selection techniques and procedures to provide a list of persons qualified for appointment as superintendent.

      Sec. 5.  NRS 281.210 is hereby amended to read as follows:

      281.210  1.  Except as provided in this section, it shall be unlawful for any individual acting as a school trustee, state, township, municipal or county official, or for any board, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, any relative of such individual or of any member of such board, within the third degree of consanguinity or affinity.

      2.  This section shall not be construed to apply:

      (a) To school districts, when the teacher or other school employee so related is not related to more than one of the trustees by consanguinity or affinity and shall receive a unanimous vote of all members of the board of trustees [.] and approval by the state department of education.

      (b) To school districts, when the teacher or other school employee so related has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more prior to April 1, 1957.


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

ê1963 Statutes of Nevada, Page 1179 (Chapter 438, AB 539)ê

 

so related has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more prior to April 1, 1957.

      (c) To the wife of the warden of the Nevada state prison.

      (d) To relatives of blind officers and employees of the [state welfare department] welfare division of the department of health and welfare when such relatives are employed as automobile drivers for such officers and employees.

      3.  Nothing in this section shall:

      (a) Prevent any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for any such service shall be met out of the personal funds of such officer.

      (b) Be deemed to disqualify any widow with a dependent or dependents as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.

      4.  No person employed contrary to the provisions of this section shall be entitled to or allowed compensation for such employment.

      5.  Any person violating any provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.

      Sec. 6.  Section 45 of the above-entitled act, being chapter 393, Statutes of Nevada 1963, is hereby amended to read as follows:

      Section 45.  NRS 284.140 is hereby amended to read as follows:

      284.140  The unclassified service of the State of Nevada shall be comprised of positions held by state officers or employees in the executive department of the state government as follows:

      1.  Persons chosen by election or appointment to fill an elective office.

      2.  Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.

      3.  At the discretion of the elective officer or head of each department, agency or institution, one deputy and one chief assistant in such department, agency or institution.

      4.  All employees in the office of the governor and all persons required by law to be appointed by the governor or heads of departments or agencies appointed by the governor or by boards.

      5.  Officers and members of the teaching staff and the agricultural extension department and experiment station staffs of the University of Nevada, or any other state institution of learning, and student employees of such institutions; but custodial, clerical or maintenance employees of such institutions shall be in the classified service. The board of regents shall assist the [director] chief in carrying out the provisions of this chapter applicable to the University of Nevada.

      6.  Officers and members of the Nevada National Guard.


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

ê1963 Statutes of Nevada, Page 1180 (Chapter 438, AB 539)ê

 

      7.  Persons engaged in public work for the state but employed by contractors when the performance of such contract is authorized by the legislature or other competent authority.

      8.  Patient and inmate help in state charitable, penal, mental and correctional institutions.

      9.  Part-time professional personnel who are paid for any form of medical, nursing or other professional service, and who are not engaged in the performance of administrative duties.

      10.  Such other officers and employees as are authorized by law to be employed in the unclassified service.

      Sec. 7.  NRS 422.140 is hereby amended to read as follows:

      422.140  1.  The board shall have only such powers and duties as may be authorized by law.

      2.  The board is hereby invested with all [the] policy making duties, powers, purposes, responsibilities and jurisdiction under this chapter [unless otherwise expressly provided for.] , but shall delegate the execution and enforcement of its decisions, policies, standards, rules and regulations to the administrator and the welfare division.

      3.  The board shall:

      (a) Prescribe rules and regulations for its own management and government.

      (b) Formulate all standards and policies and establish all rules and regulations authorized by law for administration of the programs for which the [department] welfare division is responsible. No such standard, policy, rule or regulation shall become effective unless approved by the board.

      (c) Advise and make recommendations to the [governor] director or the legislature relative to the public welfare policy of the state.

      Sec. 8.  NRS 422.200 is hereby amended to read as follows:

      422.200  The [state welfare director] administrator shall have the following powers and duties:

      1.  To be responsible for and to supervise the fiscal affairs and responsibilities of the [department.] welfare division, subject to administrative supervision by the director.

      2.  To present the biennial budget of the [department] welfare division to the legislature in conjunction with the [director of the budget.] budget division of the department of administration.

      3.  To allocate, with the approval of the state welfare board, in the interest of efficiency and economy, the state’s appropriation for administration of the separate programs for which the [department] welfare division is responsible [.] , subject to administrative supervision by the director.

      4.  To provide for reimbursement of workers for their necessary expenses in traveling by private or public conveyance, to include travel within city limits of any town or municipality within the State of Nevada, at the rate provided for in NRS 281.160 if traveled by the worker’s private conveyance.

      Sec. 9.  NRS 422.300 is hereby amended to read as follows:

      422.300  1.  In [counties] any county where it is deemed advisable, the [state welfare director, with the approval of the state welfare board,] judge of the juvenile court may establish a county advisory [boards.]


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

ê1963 Statutes of Nevada, Page 1181 (Chapter 438, AB 539)ê

 

the [state welfare director, with the approval of the state welfare board,] judge of the juvenile court may establish a county advisory [boards.] board.

      2.  Each county advisory board shall consist of [three persons, one of whom must be a member of the board of county commissioners appointed by the state welfare director upon the recommendation of the board of county commissioners.] five persons appointed by the judge of the juvenile court.

      3.  A county advisory board shall advise with the [state welfare department on local welfare matters.] welfare division, the board of county commissioners, the judge of the juvenile court, the governor and the legislature on child welfare matters and shall make such reports as the judge of the juvenile court deems necessary.

      Sec. 10.  NRS 425.030 is hereby amended to read as follows:

      425.030  As used in this chapter:

      1.  “Applicant” means any person who has applied for assistance under this chapter.

      2.  “Assistance” means money payments with respect to [a dependent child or children, and with respect to the parent or other relative caring for the child or children.] , or medical care in behalf of, or any type of remedial care recognized under state law in behalf of, a dependent child or dependent children, and includes money payments or medical care or any type of remedial care recognized under state law for any month to meet the needs of the relative with whom any dependent child is living if money payments have been made with respect to such child for such month.

      3.  “Board” means the state welfare board.

      4.  “Department” means the [the state welfare department.] department of health and welfare.

      5.  “Dependent child” means a needy child under the age of 16 years, or under the age of 18 years if found by the department to be regularly attending school, and obtaining a passing grade in his studies, who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece, in a place of residence maintained by one or more of such relatives as his or their own home.

      6.  “Director” means the director of the department of health and welfare.

      7.  “Recipient” means any person who has received or is receiving assistance.

      8.  “Welfare division” means the welfare division of the department of health and welfare.

      Sec. 11.  Section 151 of the above-entitled act, being chapter 393, Statutes of Nevada 1963, is hereby amended to read as follows:

      Section 151.  NRS 426.320 is hereby amended to read as follows:

      426.320  In each local office of the [state] welfare [department,] division of the department of health and welfare, one person shall be assigned additional duties to administer all aid to the blind cases whenever administratively feasible.


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

ê1963 Statutes of Nevada, Page 1182 (Chapter 438, AB 539)ê

 

division of the department of health and welfare, one person shall be assigned additional duties to administer all aid to the blind cases whenever administratively feasible.

      Sec. 12.  Section 156 of the above-entitled act, being chapter 393, Statutes of Nevada 1963, is hereby amended to read as follows:

      Section 156.  NRS 426.380 is hereby amended to read as follows:

      426.380  1.  Each applicant for aid shall file with the [state] welfare [department] division of the department of health and welfare an application signed by him, stating, if known:

      (a) Places of his residence during the preceding 9 years.

      (b) His financial resources and income.

      (c) The name and address of his spouse.

      (d) The degree of his blindness.

      (e) Where and when he became blind.

      (f) Such other data as is necessary to establish his eligibility for aid to the blind.

      2.  The applicant’s statements in his application shall constitute prima facie evidence of the facts stated, except with respect to degree of blindness and residence.

      3.  Written statements of information herein required from applicants for or recipients of aid to the blind need not be under oath, but any person signing such statements who willfully states therein as true any material matter which he knows to be false shall be subject to penalties for perjury as provided by law.

      4.  This section shall not be interpreted to preclude an investigation by the [state] welfare [department.] division.

      Sec. 13.  Section 157 of the above-entitled act, being chapter 393, Statutes of Nevada 1963, is hereby amended to read as follows:

      Section 157.  NRS 426.390 is hereby amended to read as follows:

      426.390  1.  All applications for aid to the blind shall be acted upon promptly by the [state] welfare [department,] division of the department of health and welfare, and the aid, if granted, shall be payable as of the 1st day of the month in which application is made, but no payment shall be made for any month unless all factors of eligibility are met for at least a portion of that month.

      2.  The [state] welfare [department] division shall immediately inform the applicant in writing of its decision, and if the aid or any part of the aid requested by the applicant is denied, such notification shall state in particular the grounds for the denial.

      Sec. 14.  NRS 426.440 is hereby amended to read as follows:

      426.440  1.  Only such income as is actually furnished to an applicant or recipient by a relative and is not inconsequential or unpredictable may be deemed income available to the applicant or recipient for his support.

      2.  No relative of an applicant for or recipient of aid to the blind may be held liable for contributions to the support of such applicant or recipient except in the case of the parent of a minor child applying for, or receiving, aid to the blind.

      3.  The [state] welfare [department] division of the department of health and welfare shall advise the attorney general of the failure of a responsible parent to contribute to the support of a minor child applying for, or receiving, aid to the blind, and the attorney general shall cause appropriate legal action to be taken to enforce such support.


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

ê1963 Statutes of Nevada, Page 1183 (Chapter 438, AB 539)ê

 

of a responsible parent to contribute to the support of a minor child applying for, or receiving, aid to the blind, and the attorney general shall cause appropriate legal action to be taken to enforce such support.

      4.  For the purpose of encouraging the spouse of a recipient of aid under NRS 426.010 to 426.500, inclusive, to retain or seek employment in order to be self-supporting and to avoid becoming a recipient of public aid, the net earnings of such spouse not in excess of $200 per month, after deduction for expenses incurred in connection with such earnings and for the support of any minors dependent upon such spouse, and payments of any indebtedness incurred for medical care or other necessities of life, shall not be considered community property. Where such spouse is engaged in seasonal employment, the estimated annual earnings shall be prorated on a monthly basis.

      Sec. 15.  Section 167 of the above-entitled act, being chapter 393, Statutes of Nevada 1963, is hereby amended to read as follows:

      Section 167.  NRS 426.550 is hereby amended to read as follows:

      426.550  1.  There is hereby created within the [department] welfare division a bureau of services to the blind, which shall be the sole agency in the state responsible for the rehabilitation of the blind.

      2.  The bureau shall be headed by a [chief,] supervisor who is experienced in work for the blind. Preference shall be given to qualified blind persons in filling the position of the [chief] supervisor of the bureau.

      3.  The bureau shall not be made a part of any other [division] section or subdivision of the [department, and the chief] welfare division, and the supervisor of the bureau of services to the blind shall be directly responsible to the [director of the department.] state welfare administrator.

      4.  The bureau shall:

      (a) Assist blind persons in achieving physical and psychological orientation, inform blind persons of available services, stimulate and assist the blind in achieving social and economic independence, and do all things which will ameliorate the condition of the blind.

      (b) Provide intensive programs of case finding, education, training, job findings and placement, physical restoration, and such other services and equipment as may assist in rendering blind persons more self-supporting and socially independent.

      Sec. 16.  Section 168 of the above-entitled act, being chapter 393, Statutes of Nevada 1963, is hereby amended to read as follows:

      Section 168.  NRS 426.560 is hereby amended to read as follows:

      426.560  1.  Subject to the approval of the [department,] welfare division, the bureau shall have the power to make administrative rules and regulations to enforce the provisions of this chapter related to services for the blind, which rules and regulations shall not conflict with the provisions of this chapter.

      2.  Such rules and regulations shall recognize that the needs and problems of blind persons are special to them and may differ materially from the needs and problems of other persons.


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

ê1963 Statutes of Nevada, Page 1184 (Chapter 438, AB 539)ê

 

      Sec. 17.  Section 187 of the above-entitled act, being chapter 393, Statutes of Nevada 1963, is hereby amended to read as follows:

      Section 187.  NRS 427.160 is hereby amended to read as follows:

      427.160  1.  The state welfare [director] administrator shall furnish to the state controller and the state treasurer a full, true and correct list of recipients in this state entitled to such assistance, and of the monthly amount to be paid to each of them from federal and state funds. The list shall be certified by the state welfare [director] administrator as being a full, true and correct list of such recipients and the amount to which each of them is entitled under this chapter. The list shall be subject to revision by the state welfare [director] administrator to make it conform to such changes as may be made pursuant to the terms of this chapter.

      2.  Upon receiving the certified list, the state controller shall promptly draw his warrant upon the fund payable to each such recipient in the amount to which he is entitled, upon and pursuant to the certified list, and the state treasurer shall pay the same. Every such warrant shall be for the total amount of federal and state funds to which each recipient is entitled under the provisions of this chapter.

      3.  Immediately after the warrants have been drawn in the manner provided by law, the state controller shall mail all such warrants to the [state] welfare [department] division and the [state] welfare [department] division shall mail the warrants to the recipients entitled thereto as determined by the [state] welfare [department.] division.

      Sec. 18.  Section 234 of the above-entitled act, being chapter 393, Statutes of Nevada 1963, is hereby amended to read as follows:

      Sec. 234.  NRS 439.090 is hereby amended to read as follows:

      439.090  1.  [With the approval of the governor, the state board of health shall appoint the state health officer.] The state health officer shall:

      (a) Be appointed on the basis of merit under the provisions of chapter 284 of NRS.

      (b) Be in the classified service of the state. [, except for the purposes of removal.]

      (c) Be responsible to the [state board of health and to the governor.] director.

      2.  The state health officer shall:

      (a) Be a citizen of the United States.

      (b) Be certified, or eligible for certification, by the American Board of Preventative Medicine.

      (c) Be licensed, or eligible for licensure, as a doctor of medicine to practice in Nevada.

      (d) Have had 2 years’ experience, or the equivalent, as the administrator of:

             (1) A full-time county or city health facility or department; or

             (2) A major health program at a state or national level.

      Sec. 19.  Section 235 of the above-entitled act, being chapter 393, Statutes of Nevada 1963, is hereby amended to read as follows:

      Section 235.  NRS 439.100 is hereby amended to read as follows:


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

ê1963 Statutes of Nevada, Page 1185 (Chapter 438, AB 539)ê

 

      439.100  [1.  The state health officer shall serve at the pleasure of the governor.

      2.]  A vacancy in the office of state health officer shall be filled by appointment by the [state board of health.] director.

      Sec. 20.  Section 243 of the above-entitled act, being chapter 393, Statutes of Nevada 1963, is hereby amended to read as follows:

      Section 243.  NRS 439.240 is hereby amended to read as follows:

      439.240  1.  The [state department of] health division shall maintain the state hygienic laboratory, heretofore established pursuant to the provisions of chapter 230, Statutes of Nevada 1909, and may establish and maintain such branch laboratories as may be necessary.

      2.  The purpose of the state hygienic laboratory shall be:

      (a) To make available, at such charges as may be determined upon, to health officials and licensed physicians of the state proper laboratory facilities for the prompt diagnosis of communicable diseases.

      (b) To make necessary examinations and analyses of water, natural ice, sewage, milk, food, and clinical material.

      (c) To conduct research into the nature, cause, diagnosis and control of diseases.

      (d) To undertake such other technical and laboratory duties as the state board of health may direct in the interests of the public health.

      3.  The person in charge of the state hygienic laboratory shall be a skilled bacteriologist, and shall have such technical assistants as may be appointed by the state health officer with the approval of the [state board of health.] director.

      4.  Reports of investigations conducted at the state hygienic laboratory may be published from time to time in bulletins and circulars, in the discretion of the state board of health.

      Sec. 21.  Section 296 of the above-entitled act, being chapter 393, Statutes of Nevada 1963, is hereby amended to read as follows:

      Section 296.  NRS 443.105 is hereby amended to read as follows:

      443.105  1.  Every person who, under the regulations of the board, is found to be infected with active tuberculosis, and to constitute a threat to the health and safety of the public, or who is suspected of being so infected, shall be cared for at public expense, if he produces a written statement subscribed and sworn to or affirmed before a notary public declaring that he is unable to pay for medical or hospital care.

      2.  The cost of such care shall be paid by the [department] health division from moneys provided by direct legislative appropriation and within the limits of such appropriation.

      Sec. 22.  Section 301 of the above-entitled act, being chapter 393, Statutes of Nevada 1963, is hereby amended to read as follows:

      Section 301.  NRS 443.155 is hereby amended to read as follows:

      443.155  1.  Every person found by the board to be suffering from silicosis shall be entitled to the benefits provided for in NRS 443.145 to 443.165, inclusive, if he:

      (a) Is not eligible for compensation under the provisions of NRS 617.460.


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

ê1963 Statutes of Nevada, Page 1186 (Chapter 438, AB 539)ê

 

      (b) Applied, before January 1, 1961, for compensation under the provisions of NRS 617.480, or under section 1 of chapter 433, Statutes of Nevada 1955, and qualified for such compensation or was denied such compensation for any reason.

      (c) Is not infected with active tuberculosis.

      (d) Files with the [board,] health division, before January 1, 1964, an application for benefits accompanied by a written statement subscribed and sworn to or affirmed before a notary public or other person authorized to administer oaths declaring that he is unable to pay for his own care and maintenance.

      (e) Submits to a physical examination by a physician approved by the board to determine his condition.

      2.  The [board] health division shall arrange for physical examinations of all applicants and pay the costs of such examinations from the special silicosis fund.

      Sec. 23.  Sections 9, 25, 35, 44, 105, 109, 118, 132, 160, 166, 171, 181, 315 and 352 of the above-entitled act, being chapter 393, Statutes of Nevada 1963, are hereby repealed.

      Sec. 24.  The title of the above-entitled act, being chapter 393, Statutes of Nevada 1963, is hereby amended to read as follows:

      An Act to amend chapter 232 of NRS, relating to the state department of conservation and natural resources, by adding new sections creating the department of health and welfare, incorporating the functions of the Nevada state children’s home, the state department of health, the Nevada state hospital, the state alcoholism agency, the state welfare department, the Nevada youth training center and the Nevada girls training center; to amend chapters 210, 232, 422, 433, 439, 441, 442, 443, 444, 449 and 452 and NRS sections [62.200,] 62.310, 127.050, 127.057, 127.120, 127.130, 127.185, 127.200, 127.210, 128.040, 159.110, 210.010, 210.020, 210.060, [210.065] 210.070 to 210.085, inclusive, 210.160, 210.200, 210.230, 210.400, 210.450, [210.470 to] 210.480, 210.490, [inclusive,] 210.510, 210.560, 210.650, 232.150, 244.263, 281.150, [281.210,] 284.140, 310.100, 313.525, 313.530, 318.170, 422.030, 422.040, 422.060 to 422.090, inclusive, 422.110, 422.120, [422.140,] 422.160, 422.180, 422.190, 422.210 to 422.230, inclusive, 422.250 to 422.290, inclusive, 422.310, [inclusive,] 422.340, 423.010, 423.030, 423.050, 423.065, 423.100, 424.020 to 424.070, inclusive, [425.030 to] 425.040, 425.050, [inclusive,] 425.070 to 425.120, inclusive, 425.150, 425.170, 425.200, 425.220, 426.090, 426.115 to 426.130, inclusive, 426.300 to 426.330, inclusive, 426.350 to 426.390, inclusive, 426.410, 426.420, [426.440,] 426.450, 426.470 to 426.490, inclusive, 426.520, [426.530,] 426.550 to 426.570, inclusive, 426.610, 426.630 to 426.650, inclusive, 426.670 to 426.690, inclusive, 426.710 [to 426.730, inclusive,] , 426.720, 427.020, 427.090, 427.130, 427.140, 427.155, 427.160, 427.190, 427.210 to 427.280, inclusive, 428.090, 431.010 to 431.100, inclusive, 431.120, 432.010 to 432.040, inclusive, 432.070, 432.080, 433.070, 433.120, 433.130, 433.140, 433.410, 436.010, 436,020, 436.050 to 436.070, inclusive, 436.090, 439.010, 439.020, 439.080 to 439.100, inclusive, 439.130, 439.135, 439.140 to 439.180, inclusive, 439.240, 439.260, 439.270, 439.310, 439.330, 439.340, 439.390, 439.480, 439.550, 439.570, 439.580, 440.240, 440.260, 440.600, 440.660, 441.060, 441.070, 441.090 to 441.160, inclusive, 441.180, 441.200, 441.250, 441.260, 442.080, 442.120 to 442.230, inclusive, 443.075 to 443.165, inclusive, 444.070 to 444.110, inclusive, 444.190, 445.050, 445.060, 445.080 to 445.100, inclusive, [446.050,] 446.130, 447.190, 449.040, 449.060, 449.080, 449.090, 449.140 to 449.180, inclusive, 449.200, 449.220 to 449.245, inclusive, 449.260, 449.340, 452.210 to 452.240, inclusive, 457.020, 457.070, 457.170, 457.180, 458.010, 458.030 to 458.070, inclusive, 458.090 to 458.115, inclusive, 458.170, 488.335, 488.355, 543.590, 583.020, 583.040, 583.080, 584.180, 584.190 to 584.200, inclusive, 584.210, 585.200, 630.285, 631.270 and 631.310, relating to various functions of the Nevada state children’s home, the state department of health, the Nevada state hospital, the state alcoholism agency, the state welfare department, the Nevada youth training center and the Nevada girls training center, by making technical changes necessitated by the creation of the department of health and welfare; to repeal NRS sections 422.150, 422.170, 423.060, 433.080, 439.260, 443.035 and 443.045, relating to the state welfare director, the superintendent of the Nevada state children’s home, the superintendent and medical director of the Nevada state hospital, distribution of diphtheria anti-toxin, and the medical director of the tuberculosis care program; and providing other matters properly relating thereto.


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

ê1963 Statutes of Nevada, Page 1187 (Chapter 438, AB 539)ê

 

441.070, 441.090 to 441.160, inclusive, 441.180, 441.200, 441.250, 441.260, 442.080, 442.120 to 442.230, inclusive, 443.075 to 443.165, inclusive, 444.070 to 444.110, inclusive, 444.190, 445.050, 445.060, 445.080 to 445.100, inclusive, [446.050,] 446.130, 447.190, 449.040, 449.060, 449.080, 449.090, 449.140 to 449.180, inclusive, 449.200, 449.220 to 449.245, inclusive, 449.260, 449.340, 452.210 to 452.240, inclusive, 457.020, 457.070, 457.170, 457.180, 458.010, 458.030 to 458.070, inclusive, 458.090 to 458.115, inclusive, 458.170, 488.335, 488.355, 543.590, 583.020, 583.040, 583.080, 584.180, 584.190 to 584.200, inclusive, 584.210, 585.200, 630.285, 631.270 and 631.310, relating to various functions of the Nevada state children’s home, the state department of health, the Nevada state hospital, the state alcoholism agency, the state welfare department, the Nevada youth training center and the Nevada girls training center, by making technical changes necessitated by the creation of the department of health and welfare; to repeal NRS sections 422.150, 422.170, 423.060, 433.080, 439.260, 443.035 and 443.045, relating to the state welfare director, the superintendent of the Nevada state children’s home, the superintendent and medical director of the Nevada state hospital, distribution of diphtheria anti-toxin, and the medical director of the tuberculosis care program; and providing other matters properly relating thereto.

      Sec. 25.  Chapter 443 of NRS is hereby amended by adding thereto the provisions set forth as sections 26 and 27 of this act.

      Sec. 26.  1.  The state health officer, his authorized agents, and all local health officers are hereby directed to use every available means to ascertain the existence of, and immediately to investigate, all reported or suspected cases of tuberculosis in infectious or contagious stages within their respective jurisdictions and to ascertain the sources of such infections. In carrying out such investigations, each health officer is hereby invested with all necessary powers of inspection, examination, quarantine and isolation of any person known or believed to be infected with tuberculosis in an infectious or contagious stage and is hereby directed:

      (a) To make such examinations as are deemed necessary of persons reasonably suspected of having tuberculosis in an infectious state and to isolate or isolate and quarantine such persons whenever deemed necessary for the protection of the public health.

      (b) To make examination orders in writing setting forth the name of the person to be examined, the time and place of the examination, and such other terms and conditions as may be necessary to protect the public health.

      (c) To make an isolation or quarantine order in writing, setting forth the name of the person to be isolated, the period of time during which the order shall remain effective, the place of isolation or quarantine, and any other terms and conditions which may be necessary to protect the public health.

      (d) To follow local rules and regulations regarding examinations, quarantine or isolation, and all general and special rules, regulations and orders of the health division in carrying out such examination, quarantine or isolation.

      2.  Upon the issuance of an examination, isolation or quarantine order as provided in this section, a copy of the order shall be served upon the person named in such order by delivering a copy to him.


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

ê1963 Statutes of Nevada, Page 1188 (Chapter 438, AB 539)ê

 

order as provided in this section, a copy of the order shall be served upon the person named in such order by delivering a copy to him.

      3.  Upon the receipt of information that any examination, quarantine or isolation order made and served as provided in this section has been violated, the health officer shall advise the district attorney of the county in which such violation has occurred, in writing, and shall submit to such district attorney the information in his possession relating to the subject matter of such examination, isolation or quarantine order, and to such violation or violations thereof, and the district attorney shall forthwith prosecute such violations.

      Sec. 27.  The health division may lease, or provide by contract, any facilities in this or another state it deems necessary to care for persons afflicted with active, contagious tuberculosis.

      Sec. 28.  Section 5 of the above-entitled act, being chapter 273, Statutes of Nevada 1963, is hereby repealed.

      Sec. 29.  The title of the above-entitled act, being chapter 273, Statutes of Nevada 1963, is hereby amended to read as follows:

      An Act to amend chapter 62 of NRS, relating to the juvenile court, by adding new sections giving such court jurisdiction over adults incidental to its jurisdiction over children; regulations the issuance and service of orders; and providing penalties; to amend NRS [sections 62.200 and] section 62.240, relating to orders which may be made by the juvenile court, by [empowering the court to order persons to refrain from conduct or neglect bringing a child within the provisions of the Juvenile Court Act; by] making a technical correction; and providing other matters properly relating thereto.

      Sec. 30.  Section 1 of the above-entitled act, being chapter 361, Statutes of Nevada 1963, is hereby repealed.

      Sec. 31.  The title of the above-entitled act, being chapter 361, Statutes of Nevada 1963, is hereby amended to read as follows:

      An Act to amend NRS sections [62.200,] 62.230 and 210.580, relating to [procedure of the juvenile court upon entry of an order,] compensation for care of juveniles, and commitment of delinquent female minors, by providing for commitment of female minors to private institutions within the state at state expense within the limits of legislative appropriations; [by requiring approval by the superintendent of the Nevada girls training center or the Nevada youth training center prior to commitment of children to private institutions;] and by providing other matters properly relating thereto.

      Sec. 32.  Section 1 of the above-entitled act, being chapter 247, Statutes of Nevada 1963, is hereby repealed.

      Sec. 33.  The title of the above-entitled act, being chapter 247, Statutes of Nevada 1963, is hereby amended to read as follows:

      An Act to amend [NRS section 425.030, relating to definitions in the Aid to Dependent Children Act of 1955, by redefining assistance to include medical and remedial care; to amend] chapter 425 of NRS, relating to aid to dependent children, by adding a new provision creating the aid to dependent children medical and remedial care fund in the state treasury and by providing the purposes and uses of such fund; and providing other matters properly relating thereto.


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

ê1963 Statutes of Nevada, Page 1189 (Chapter 438, AB 539)ê

 

      Sec. 34.  Sections 3 and 8 of the above-entitled act, being chapter 372, Statutes of Nevada 1963, are hereby repealed.

      Sec. 35.  The title of the above-entitled act, being chapter 372, Statutes of Nevada 1963, is hereby amended to read as follows:

      An Act to amend chapter 443 of NRS, relating to tuberculosis and silicosis, by adding new sections declaring legislative intent; empowering any health officer [to investigate persons believed to have tuberculosis; authorizing the health officer] to issue tuberculosis isolation, confinement and quarantine orders; providing that the state health officer may advise state institutions regarding the control of tuberculosis; providing that it is unlawful for a person afflicted with tuberculosis willfully to expose others to the disease; providing penalties; and providing other matters properly relating thereto.

      Sec. 36.  Chapter 181, Statutes of Nevada 1963, entitled “An Act to amend NRS section 422.300, relating to county advisory welfare boards, by providing that the judge of the juvenile court rather than the state welfare director may establish such boards; changing the composition and duties of county advisory welfare boards; and providing other matters properly relating thereto,” approved April 2, 1963, is hereby repealed.

      Sec. 37.  Chapter 189, Statutes of Nevada 1963, entitled “An Act to amend NRS section 426.440, relating to income furnished to recipients of aid to the blind by relatives of such recipients, by providing that a portion of the net earnings of the spouse of a recipient of aid to the blind shall not be considered community property; and by providing other matters properly relating thereto,” approved April 2, 1963, is hereby repealed.

      Sec. 38.  Chapter 207, Statutes of Nevada 1963, entitled “An Act to amend NRS section 281.210, relating to the prohibition of employment of relatives by officers of the state and its political subdivisions, by requiring the approval of the state department of education in an exception concerning the employment of school teachers and other employees by boards of trustees of school districts,” approved April 2, 1963, is hereby repealed.

      Sec. 39.  Chapter 278, Statutes of Nevada 1963, entitled “An Act to amend NRS sections 432.020 to 432.040, inclusive, relating to powers of the state welfare department and maintenance and special services for children, by allowing the state welfare department to provide maintenance and special services for children referred by the Nevada girls training center; and by providing other matters properly relating thereto,” approved April 9, 1963, is hereby repealed.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1190ê

 

CHAPTER 439, AB 541

Assembly Bill No. 541–Committee on Legislative Functions

CHAPTER 439

AN ACT to amend chapter 218 of NRS, relating to the state legislature, by adding a new section placing limitations upon the drafting of bills by the legislative counsel and the legal division of the legislative counsel bureau; and by providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the executive branch of the state government, with the exception of the governor, for introduction at any regular session of the legislature unless:

      (a) The request is received prior to November 1 preceding the convening of the session; or

      (b) The request is made by a member of the legislature or the governor.

      2.  The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the legislature except upon the written request of a member of the legislature or the governor.

 

________

 

 

CHAPTER 440, AB 542

Assembly Bill No. 542–Committee on State, County and City Affairs

CHAPTER 440

AN ACT providing that where names of state officers, employees and agencies in Statutes of Nevada 1963 do not conform to the names adopted in bills reorganizing the executive and legislative departments of the state government, such names shall be deemed to be the same as those adopted in such reorganization bills; providing powers of the legislative counsel; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  Wherever there appears in chapter 65, 109, 125, 127, 276, 293, 315, 327, 351 or 379, Statutes of Nevada 1963, or in any other chapter of such statutes, the name of any officer, employee, board, bureau, commission, department, or other agency of the State of Nevada, which does not conform to the name adopted in Senate Bills 24, 102, 103, 104, 197 and related bills of the 1963 session of the legislature for such officer, employee or agency, such name shall be deemed to be the same as that adopted in such bills.


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

ê1963 Statutes of Nevada, Page 1191 (Chapter 440, AB 542)ê

 

24, 102, 103, 104, 197 and related bills of the 1963 session of the legislature for such officer, employee or agency, such name shall be deemed to be the same as that adopted in such bills. In preparing the 1963 supplement to Nevada Revised Statutes, the legislative counsel shall change any such name to the name adopted in such bills.

 

________

 

 

CHAPTER 441, AB 543

Assembly Bill No. 543–Committee on State, County and City Affairs

CHAPTER 441

AN ACT to amend NRS section 228.110, relating to the attorney general, by providing that the attorney general and his deputies shall be the legal advisers on all state matters arising in the executive department of the state government; and by providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  NRS 228.110 is hereby amended to read as follows:

      228.110  1.  The attorney general and his duly appointed deputies shall be the legal advisers on all state matters arising in [each] the executive department of the state government.

      2.  No officer, commissioner or appointee of the executive department of the government of the State of Nevada shall employ any attorney at law or counselor at law to represent the State of Nevada within the state, or to be compensated by state funds, directly or indirectly, as an attorney acting within the state for the State of Nevada or any agency in the executive department thereof unless the attorney general and his deputies are disqualified to act in such matter or unless an act of the legislature specifically authorizes the employment of other attorneys or counselors at law.

      3.  All claims for legal services rendered in violation of this section shall be void.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1192ê

 

CHAPTER 442, SB 81

Senate Bill No. 81–Senator Dodge

CHAPTER 442

AN ACT appropriating the sum of $50,000 to the state public hospital construction assistance fund for the purpose of constructing the Churchill Public Hospital at Fallon, Churchill County, Nevada; expressly limiting the use of such appropriated funds; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  For the purpose of providing moneys in the state public hospital construction assistance fund, created pursuant to the provisions of NRS 449.400, for the express and only purpose stated in section 2, there is hereby appropriated from the general fund in the state treasury the sum of $50,000 to the state public hospital construction assistance fund.

      Sec. 2.  Notwithstanding the provisions of any other law, the state department of health shall not expend any of the moneys appropriated by section 1 except for the construction of the Churchill Public Hospital at Fallon, Churchill County, Nevada, pursuant to the provisions of the Nevada Hospital Survey and Construction Act, being NRS 449.250 to 449.430, inclusive. As used in this section, “construction” has the same definition as is contained in subsection 1 of NRS 449.260. If no application for a hospital construction project relating to the Churchill Public Hospital is made to the state department of health within 8 years from the effective date of this act, then the moneys appropriated by section 1 shall revert to the general fund in the state treasury notwithstanding the provisions of NRS 449.400.

      Sec. 3.  The state controller is hereby authorized and directed to transfer the sum appropriated by section 1 forthwith from the general fund to the state public hospital construction assistance fund.

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

 

________

 

 

CHAPTER 443, SB 108

Senate Bill No. 108–Committee on Finance

CHAPTER 443

AN ACT to amend an act entitled “An Act authorizing the director of the state department of conservation and natural resources to acquire certain lands from the Federal Government and other owners and lease them for the purpose of disposing of radioactive materials; providing limitations; and providing other matters properly relating thereto,” approved April 7, 1961.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  Section 5 of the above-entitled act, being chapter 374, Statutes of Nevada 1961, at page 756, is hereby amended to read as follows:

      Section 5.  1.  There is hereby created in the state treasury a continuing fund designated the radioactive materials disposal fund.


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

ê1963 Statutes of Nevada, Page 1193 (Chapter 443, SB 108)ê

 

      2.  All moneys received by the director of the state department of conservation and natural resources as a result of leases or agreements entered into pursuant to the provisions of this act shall be deposited in the radioactive materials disposal fund until the amount remaining in such fund is, in the opinion of the director and the governor, sufficient to accomplish the purposes of this act. All such moneys received in excess of such amount shall be deposited in the general fund in the state treasury.

      3.  Moneys in the radioactive materials disposal fund shall be used to pay the purchase price, as determined by appraisal, of the lands described in section 2 of this act, and for any other expenses necessarily incurred by the director of the state department of conservation and natural resources in carrying out the provisions of this act, including the costs of providing such protection at the termination of any lease or agreement as may be necessary in the interests of public health and welfare.

      4.  At the request of the director of the state department of conservation and natural resources, the state board of finance may invest any amount of money in the radioactive materials disposal fund in excess of $5,000 in short-term obligations. Upon the advice of the director that it is necessary or advisable to convert all or a part of the obligations into cash the state board of finance shall effect the conversion to the extent necessary, and the moneys shall be redeposited in the radioactive materials disposal fund.

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

 

________

 

 

CHAPTER 444, SB 114

Senate Bill No. 114–Senator Dial

CHAPTER 444

AN ACT appropriating $944.32 from the general fund to reimburse Ormsby County for the expenses and costs paid in prosecuting Jack O. Green, who escaped from the Nevada state prison.

 

[Approved April 26, 1963]

 

      Whereas, In prosecuting Jack O. Green, who escaped from the Nevada state prison, Ormsby County expended the sum of $944.32 for the following items:

 

                                           Item                                                                                       Amount

Attorney fee, Cameron M. Batjer.................................................................    $300.00

Psychiatric examination and report, Richard W. Brown, M.D.................      270.00

Witness fee, Robert Christensen.................................................................        10.00

Witness fee, Orville Jackson........................................................................        10.00

Witness fee, Lisle Smith................................................................................        10.00

Witness fee, Lee S. Brawner.........................................................................        10.00

Jury fees..........................................................................................................      334.32

                                                                                                                           _______

Total.................................................................................................................    $944.32

 

and

      Whereas, By the provisions of NRS 212.070, the expenses and costs of prosecuting any person or persons for escaping from, or breaking out of, the Nevada state prison, or attempting to do so, or for the commission of any crime while a prisoner therein, shall be a state charge, and shall be paid from the general fund; now, therefore,

 


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

ê1963 Statutes of Nevada, Page 1194 (Chapter 444, SB 114)ê

 

of prosecuting any person or persons for escaping from, or breaking out of, the Nevada state prison, or attempting to do so, or for the commission of any crime while a prisoner therein, shall be a state charge, and shall be paid from the general fund; now, therefore,

 

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

do enact as follows:

 

      Section1.  There is hereby appropriated from the general fund in the state treasury the sum of $944.32 to reimburse Ormsby County for the expenses and costs which it paid in prosecuting Jack O. Green, who escaped from the Nevada state prison. The state controller is hereby directed to draw his warrant in favor of Ormsby County, and the state treasurer is hereby directed to pay such warrant.

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

 

________

 

 

CHAPTER 445, SB 247

Senate Bill No. 247–Committee on Finance

CHAPTER 445

AN ACT to amend NRS section 501.255, relating to the fish and game fund, by providing for deposit at interest of certain moneys under the control of the state board of fish and game commissioners; to amend chapter 501 of NRS, relating to the fish and game laws, by adding new sections creating a reserve fund for the use of the state board of fish and game commissioners, and placing limitations upon the obligation of moneys under the control of such board; and providing other matters properly relating thereto.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  NRS 501.255 is hereby amended to read as follows:

      501.255  1.  There is hereby created a fund to be known as and called the fish and game fund, which fund shall be kept in the state treasury, and, subject to the provisions of subsection 2, shall consist of all moneys received from the sale of licenses and from all other sources for fish and game propagation as provided by law, including appropriations made by the legislature.

      2.  The moneys received from the sale of licenses and all other sources except appropriations, gifts and federal funds obtained under NRS 501.115 and 501.117, shall, upon receipt, be deposited at interest, with the written approval of the state board of finance, in any state or national bank or banks or savings associations in the State of Nevada. The principal so deposited shall be transferred annually to the fish and game fund between June 1 and June 30 for use of the commission during the next succeeding fiscal year.

      3.  The fish and game fund shall be used for and be subject to:

      (a) The payment of the expenses of propagating, restoring and introducing fish in the public waters of this state.


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

ê1963 Statutes of Nevada, Page 1195 (Chapter 445, SB 247)ê

 

      (b) The propagation, protection, restoration and transferring of game birds and animals in this state.

      (c) The payment of the expenses incurred in the prosecution of offenders against the fish and game laws and fish and game license laws of the state.

      (d) The cost of acquisition, construction, management and maintenance of fish hatcheries in the state.

      (e) All other necessary expenses attendant upon the protection and propagation of fish and game.

      [3.] 4.  All moneys in the fish and game fund shall be used for the purposes specified in this section and not diverted to any other fund or use, and shall not revert to general state funds.

      Sec. 2.  Chapter 501 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  1.  The fish and game reserve fund is hereby created. Such fund shall consist of the interest paid on deposits made pursuant to the provisions of subsection 2 of NRS 501.255, which interest shall be transferred annually between June 1 and June 30 to the fish and game reserve fund until such fund totals $150,000, and thereafter as may be necessary to maintain the reserve fund at $150,000. The interest paid on such deposits above the amount necessary to maintain the reserve fund at $150,000 shall be transferred annually between June 1 and June 30 to the fish and game fund.

      2.  The moneys in the fish and game reserve fund shall be deposited at interest, with the written approval of the state board of finance, in any state or national bank or banks or savings associations in the State of Nevada.

      3.  Moneys in the fish and game reserve fund may be expended at such times and in such amounts as may be necessary for:

      (a) The acquisition of lands, water rights, easements and other property to be used for fish and game management.

      (b) Any expenses which may be necessary for the propagation, protection, restoration and transferring of fish and game birds and animals in this state.

      (c) The financing of any emergency measures which may be necessary for the protection, management and propagation of fish and game in this state.

      4.  No moneys in the fish and game reserve fund shall be transferred to the general fund in the state treasury at any time.

      Sec. 4.  The commission shall not enter into any agreement or contract or in any other manner obligate the State of Nevada or the commission to pay any moneys for any purpose in excess of the amounts currently available for expenditure in the fish and game fund and the fish and game reserve fund.

 

________

 

 


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

ê1963 Statutes of Nevada, Page 1196ê

 

CHAPTER 446, AB 533

Assembly Bill No. 533–Mr. McNamee

CHAPTER 446

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, as amended.

 

[Approved April 26, 1963]

 

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

do enact as follows:

 

      Section1.  The above-entitled act, being chapter 167, Statutes of Nevada 1947, at page 553, is hereby amended by adding thereto 21 new sections designated sections 25 to 45, inclusive, which shall immediately follow section 24 and shall read as follows:

      Section 25.  As used in sections 26 to 45, inclusive, “improvement” means the construction, extension and improvement of water mains, lines, pipes, conduits and appurtenances and water distribution systems, and the acquisition of existing and operating private water companies and mutual water-distributing systems.

      Section 26.  1.  Such part of the expenses for making improvements as the board shall determine may be paid from the general funds of the district or the cost of a portion thereof, as the board shall determine, may be defrayed by special assessment upon lots and premises abutting upon such improvement or proposed improvement, or the lands abutting upon such improvement or proposed improvement and such other lands as in the opinion of the board may be benefited by the improvement.

      2.  When the board shall determine to make any such improvement or in any way improve the same, and shall determine to defray the whole or any part of the costs or expenses thereof by special assessment, the board shall so declare by resolution, stating the improvements and what part or proportion of the expenses thereof shall be paid by special assessments, and what amounts shall be paid out of the general funds of the district.

      Section 27.  1.  When expenses for such improvements shall be assessed, and there shall be lands not taxable abutting on such improvements, such part of the expenses of such improvements as, in the opinion of the board or county assessor making such special assessment, would be justly apportionable to such lands not taxable, shall be paid from the general funds of the district, and the balance of such expense shall be assessed upon the taxable lots and premises abutting upon such improvement in proportion to their number of feet frontage; or, if the special assessment shall include other lands not abutting upon the improvement, then upon all the land included in such special assessment in proportion of the estimated benefits resulting thereto from the improvement.


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

ê1963 Statutes of Nevada, Page 1197 (Chapter 446, AB 533)ê

 

abutting upon such improvement in proportion to their number of feet frontage; or, if the special assessment shall include other lands not abutting upon the improvement, then upon all the land included in such special assessment in proportion of the estimated benefits resulting thereto from the improvement.

      2.  When such assessment is to be made upon the lots in proportion to their frontage upon the improvement, if, from the shape or size of any lot, the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the board or county assessor making the assessment may assess such lots or such number of feet frontage as in their opinion would be just.

      Section 28.  1.  When the board shall determine to make any improvement, and shall determine to defray the whole or any part of the cost and expense thereof by special assessment, the board shall so declare by resolution, stating the improvement and what part or portion of the expense shall be paid by special assessment, and what part, if any, has been or is proposed to be appropriated from the general funds of the district, and whether the assessment is to be made according to benefits or frontage, and, in case the assessment is to be made according to benefits, the board shall by apt description designate the district including the lands to be so assessed; or in case there is no district so set apart the board shall describe definitely the location of the improvement and state that the assessment is to be made upon all the lands benefited thereby proportionately to the benefits received; but in case the assessment is to be upon the property upon a frontage basis, it shall be sufficient for the resolution to so state and to define the location of the improvement to be made.

      2.  It shall not be necessary in any case to describe minutely in the resolution each particular lot to be assessed, but simply to so designate the property, district or the location that the various parts to be assessed can be ascertained and described by the county assessor.

      Section 29.  1.  Before ordering any public improvements as provided in section 28, any part of the expense of which is to be defrayed by special assessment, the board shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and shall file such plats and diagrams with the secretary of the district for public examination.

      2.  More than one improvement may be combined in one local improvement district when the board determines such improvements may be combined together in an efficient and economical district. If in the combination of improvements they shall be separate and distinct by reason of substantial difference in their character or location, or otherwise, each such improvement shall be considered as a unit or district for the purpose of objection and assessment (such unit or district being hereinafter sometimes designated as an assessment unit). In case of such combination the board shall designate the improvement and area constituting each such assessment unit, and in the absence of an arbitrary and unreasonable abuse of discretion, its determination that there is or is not such a combination and its determination of the improvement and area constituting each such unit shall be final and conclusive.


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

ê1963 Statutes of Nevada, Page 1198 (Chapter 446, AB 533)ê

 

and its determination of the improvement and area constituting each such unit shall be final and conclusive. The costs of constructing and otherwise acquiring each such improvement shall be segregated for the levy of assessments and an equitable share of the incidental costs shall be allocated to each such assessment unit.

      3.  The board shall give notice of the proposed improvements and any part to be defrayed by special assessments, the location of such improvements, the method of assessment, the filing of the plats and diagrams and the division into assessment units, if any, by publication once a week for 2 successive weeks in some newspaper published in the district, by mailing notice postage prepaid, at least 10 days prior to such hearing, to the last-known address of each last-known owner of land within the district whose property will be assessed for the cost of improvements, and also by posting notices in three public places near the site of the proposed work, or in three public places in each assessment unit as hereinafter described. The notice shall state that all property abutting such improvements will be assessed if such be the case. If other than abutting property is to be assessed, an accurate description of the district or, if the district is divided into assessment units, of each assessment unit within the district, shall be given in the notice by boundaries or otherwise. The notice shall also state the time when the board will meet and consider any suggestions and objections that may be made by parties in interest to the proposed assessment. The work or improvement in the district (or in any assessment unit in a district where there are assessment units) shall not be ordered if the owners of more than one-half of the frontage to be assessed in the district (or in any assessment unit in a district where there are assessment units) shall file written objections thereto.

      Section 30.  The cost and expense of any improvement which may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed 100 percent of the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding 100 percent, which would otherwise be chargeable upon such lot or premises, shall be paid from the general funds of the district. The board shall provide that the fees and compensation properly charged in the work of making any special assessment shall be included as a part of such assessment.

      Section 31.  No contract for doing the work or making the improvement contemplated herein shall be made or awarded, nor shall the board incur any expense or liability in relation thereto, except for plats, diagrams, estimates and notices, until after the notice and hearing provided for herein shall have been given and had. But nothing herein contained shall be construed as preventing the board from advertising for proposals for doing the work whenever they see fit, provided the contract shall not be made or awarded before the time herein stated.

      Section 32.  1.  When a special assessment for any improvement is to be made pro rata upon the lots or premises in any special assessment district, according to frontage or benefits, the board shall, by resolution, direct such special assessment to be made by the county assessor, and shall state therein the amount to be assessed, and whether according to frontage or benefits, and describe or designate the lots and premises or the locality constituting the district to be assessed.


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

ê1963 Statutes of Nevada, Page 1199 (Chapter 446, AB 533)ê

 

to be made pro rata upon the lots or premises in any special assessment district, according to frontage or benefits, the board shall, by resolution, direct such special assessment to be made by the county assessor, and shall state therein the amount to be assessed, and whether according to frontage or benefits, and describe or designate the lots and premises or the locality constituting the district to be assessed.

      2.  In fixing the amount or sum of money that may be required to pay the costs of any improvement, the board need not necessarily be governed by the estimates of the costs of such improvement provided for herein, but the board may fix such other sum, within the limits prescribed, as they may deem necessary to cover the cost of such improvement.

      Section 33.  1.  Upon the adoption of such resolution the county assessor shall prepare an assessment roll, entering and describing therein all lots, premises and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon the amount to be assessed in the manner directed by the board and the provisions of this act applicable to the assessment.

      2.  In all cases where the ownership thereof is unknown to the county assessor, he shall in lieu of the name of the owner, insert the word “unknown”.

      3.  If, by mistake or otherwise, any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated, but shall, in all respects, be as valid upon and against such lot, parcel of land or premises as though assessed in the name of the owner thereof, and when the assessment roll shall have been approved, such assessment shall become a lien on such lot, parcel of land or premises and collected as provided as law.

      Section 34.  1.  If the assessment is made upon the basis of frontage, the county assessor shall assess each lot or parcel of land with such relative portion of the whole amount to be levied as the length of front of such premises abutting upon the improvement bears to the whole frontage of all the lots to be assessed, unless on account of the shape or size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the county assessor.

      2.  If the assessment is directed to be according to benefits, the county assessor shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement.

      Section 35.  When the county assessor shall have completed the assessment he shall report the same to the board. Such report shall be signed by him and made in the form of a certificate endorsed on the assessment roll as follows:


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

ê1963 Statutes of Nevada, Page 1200 (Chapter 446, AB 533)ê

 

State of Nevada

County of Clark

Las Vegas Valley Water District

}

ss.

 

      To the Board of Directors of the Las Vegas Valley Water District: I hereby certify and report that the foregoing is the assessment roll, and assessment made by me pursuant to a resolution of the board of directors of the Las Vegas Valley Water District, adopted (give date), for the purpose of paying that part of the cost which the board decided should be paid and borne by special assessment for extending a water main on …………… street (as the case may be). That in making such assessment, I have, as near as may be, and according to my best judgment conformed in all things to the directions contained in the resolution of the board hereinbefore referred to.

      Dated ........................................... , Nevada.............................................. , 19...................

                        ...................................................................................... , County Assessor.

 

      Section 36.  The board shall determine what amount or part of every expense shall be charged as a special assessment and the premises upon which the same shall be levied; and as often as the board shall deem it expedient they shall require all of the several amounts so reported and determined, and the several lots or premises chargeable therewith respectively to be reported by the secretary of the district to the county assessor for assessment.

      Section 37.  1.  Upon receiving the report mentioned in section 36 the county assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him, the whole amount or amounts of all charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the board.

      2.  When any special assessment shall be reported by the county assessor to the board, as in this section directed, the same shall be filed in the office of the secretary of the board and numbered. Before adopting the assessment the board shall cause notice to be published once a week for 2 successive weeks in some newspaper published in the district, after the filing of the same with the secretary of the board, and appointing a time when the board and county assessor will meet to review the assessments.

      3.  Any person objecting to the assessment may file his objection thereto with the secretary of the district. The notice provided for in this section may be addressed to all persons interested therein, and may be in the following form:

 

 

NOTICE OF SPECIAL ASSESSMENT

      To all persons interested in special assessment district No………………, take notice:

      That the roll of special assessment heretofore made by the county assessor for the purpose of defraying that part of the costs which the board decided should be paid and borne by special assessment for the (e.g. extending a water main on ………………………… street) (as the case may be) is now on file at my office for public inspection.


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

ê1963 Statutes of Nevada, Page 1201 (Chapter 446, AB 533)ê

 

Notice is hereby given that the board and the county assessor will meet at …………………………… (address) …………………………… on …………………………… (insert date fixed upon) to review the assessment, at which time and place opportunity will be given all persons interested to be heard.

      Dated......................................................             .................................................................. ,

                                                                                                    Secretary of the Las Vegas

                                                                                                         Valley Water District.

 

      Section 38.  1.  At the time appointed for the purpose aforesaid the board and county assessor shall meet and then or at some adjourned meeting review the assessments, and shall hear any objection to such assessments which may be made by any person deeming himself aggrieved thereby, and shall decide upon the same; and the board may correct the same as to any assessment or description of the premises appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the county assessor for revision, or annul it and direct a new assessment, in which case the assessment shall be made anew.

      2.  When a special assessment shall be confirmed the secretary of the district shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words:

 

      Special assessment roll for the ……………………………………………………(describing fully what the assessment is for) ………………………………………………… approved by the board the …………… day of …………… (month), 19……….

      Dated......................................................             .................................................................. ,

                                                                                                    Secretary of the Las Vegas

                                                                                                         Valley Water District.

 

      Section 39.  When any special assessment roll is approved by the board it shall be final and conclusive. The roll when so endorsed by the secretary of the district shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of the assessment and assessment roll.

      Section 40.  1.  All special assessments shall from the date of approval of the final assessment roll constitute a lien upon the respective lots or parcels of land assessed.

      2.  The special assessments shall be due and payable without demand and without interest within 30 days from the approval of the final assessment roll. All assessments remaining unpaid at the end of the cash payment period, at the option of the board, may be made payable in not less than four nor more than 10 equal annual installments of principal, with interest thereon at a rate of interest not exceeding 7 percent per annum.

      3.  The lien upon any payment shall be released upon payment on any regular payment date of the total principal due and interest to that date, or upon payment at any other time of the total principal due and interest to the next regular payment date.

      4.  Any penalty which may be established by the board in the assessment resolution must also be paid in full before the lien will be released.


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

ê1963 Statutes of Nevada, Page 1202 (Chapter 446, AB 533)ê

 

      Section 41.  1.  Should any lots or lands be divided after a special assessment thereon shall have been approved and divided into installments and before the collection of the installments, the board may require the county assessor to apportion the uncollected amounts upon the several parts of land so divided.

      2.  The report of such apportionment when approved shall be conclusive on all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivision.

      Section 42.  Should any special assessment prove insufficient to pay for the improvement or work for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid from the general funds of the district; and in case a greater amount shall have been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.

      Section 43.  Whenever any sum or part thereof levied upon any premises in the assessment so set aside has been paid and not refunded the payment so made shall be applied upon the reassessment on the premises.

      Section 44.  1.  If in any action it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the district which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.

      2.  The board is hereby authorized and empowered to correct or amend the special assessment roll, by resolution, at any time after confirmation and recording of the same, so as to make it conform to the actual cost of the work for which the same was levied, and all changes in the roll shall be made by resolution, by a two-thirds vote of all the members of the board, and the resolution, or a copy thereof certified by the secretary of the district as being a true copy, shall be posted in the special assessment roll and shall constitute conclusive authority for the change so made.

      Section 45.  1.  When the board shall determine to make any improvement and shall determine 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 county assessor, or at any time thereafter while any part of the assessment remains unpaid, without submitting the question to the electors of the district at any general or special election, cause to be issued bonds of the district in an amount not exceeding the assessments outstanding and unpaid at the end of the cash payment period, for the purpose of paying the cost or expense of such improvement. The bonds shall be called “(insert name of subdivision, district or street) Improvement Bonds,” shall be signed by the president and countersigned by the secretary of the district, and shall not be sold for less than their par value nor before the work of the improvement is ordered. The bonds may bear interest at a rate or at rates not to exceed 6 1/2 percent per annum in any 1 year; provided, however, the highest interest rate to be borne by the bonds shall be at least one-half of 1 percent less than the rate of interest to be borne by deferred installments of assessments (i.e.,


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

ê1963 Statutes of Nevada, Page 1203 (Chapter 446, AB 533)ê

 

interest rate to be borne by the bonds shall be at least one-half of 1 percent less than the rate of interest to be borne by deferred installments of assessments (i.e., assessments remaining unpaid after the 30-day cash payment period) from which the bonds are payable. The bonds may be serial or term in form, shall be payable within a period of not to exceed 10 years, and shall be in such form and denominations as the board shall determine.

      2.  The special assessment, when levied, shall be and remain a lien on the respective lots and parcels of land assessed from the confirmation of the final assessment roll until paid, as provided in sections 25 to 45, inclusive, and, when collected, shall be placed in a special fund to be known as “…………………………………………… Improvement Bond Interest and Redemption Fund,” and as such shall at all times constitute a sinking fund for and deemed specially appropriated to the payment of the bonds and interest thereon, and shall not be used for any other purpose until the bonds and the interest thereon is fully paid.

      3.  The issuance of any bonds, as herein provided, shall be conclusive evidence of the regularity of all proceedings up to the issuance of such bonds.

      4.  In the event that the special fund created by the proceeds of the special assessment shall be insufficient to pay the bonds and interest thereon as they become due, the deficiency shall be paid out of the general funds of the district.

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

 

________

 

 

CHAPTER 447, AB 452

Assembly Bill No. 452–Clark County Delegation

CHAPTER 447

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 26, 1963]

 

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

do enact as follows:

 

      Section1.  The title of Chapter I of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 393, is hereby amended to read as follows:

 

Chapter I

 

Definitions; Organization; Boundaries;

Annexation of Adjacent Territory;

[Wards;] Powers

 

      Sec. 2.  (There is no section of this number.)

      Sec. 3.  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 1.5, which shall immediately follow section 1 of Chapter I and shall read as follows:

 


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

ê1963 Statutes of Nevada, Page 1204 (Chapter 447, AB 452)ê

 

section designated section 1.5, which shall immediately follow section 1 of Chapter I and shall read as follows:

      Section 1.5.  Definitions.  As used in this charter, unless the context otherwise requires:

      1.  “City” means the city of North Las Vegas, Nevada.

      2.  “Councilman” refers to each member of the city council including the mayor, except where otherwise specifically designated. As provided in section 1 of Chapter II, the mayor is a member of the city council.

      3.  “Notice by mail” means a single mailing of a notice by certified mail, postage prepaid, by deposit in the United States mails.

      4.  “Taxpayer” means any person whose name appears on the official tax roll of the city of North Las Vegas for the current year or the year preceding that in which the elector offers to vote. The officers of election shall, in all cases of special elections on bonds or franchises, require each person offering to vote thereat to show by the affidavit of such person that he possesses the qualifications prescribed; but such officers of election may require further proofs for, as well as against, the right of any person to vote, when such right is challenged by a duly qualified elector.

      Sec. 4.  Section 2 of Chapter I of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as amended by chapter 296, Statutes of Nevada 1957, at page 448, is hereby amended to read as follows:

      Section 2.  The Annexation of Adjacent Territory; Manner of Procedure Of.  [Territory adjoining and contiguous to the corporate limits of the city of North Las Vegas may be annexed to said city upon application therefor in writing describing said territory by metes and bounds or by other types of description, signed by a majority of persons residing within such territory or by a majority of the freeholders of the territory proposed to be annexed, who are qualified to vote for members of the legislature of the State of Nevada, and who are taxpayers in the county of Clark, such petitioners to possess both of said qualifications. The term “freeholders” shall be liberally construed so as to include a corporation, company, association or partnership, as well as individuals, and any act required of or allowed by a freeholder may be done by an officer or agent of such corporation, company, association or partnership. Upon the filing of such petitions the board of councilmen shall cause to be given notice thereof by publication in a newspaper printed and published in said city at least once, and at least ten days prior to the meeting of said board, at which said petition may be acted upon. At such meeting the said board shall either accept or reject said petition and declare or refuse to declare annexed to said city the property described in said petition.]

      1.  As used in this section, “freeholder” means any individual, corporation, company, association or partnership owning real property in the area proposed to be annexed, according to the records of the county assessor.

      2.  The city council shall have the power to extend the boundaries or limits of the city so as to annex or include therein adjacent and contiguous additional lands with the tenements, property and inhabitants thereof by either of the following two methods.


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

ê1963 Statutes of Nevada, Page 1205 (Chapter 447, AB 452)ê

 

contiguous additional lands with the tenements, property and inhabitants thereof by either of the following two methods.

      3.  Method 1.  Upon the filing with the city clerk of petitions signed by a majority of the freeholders describing the area proposed to be annexed, the board of councilmen shall cause to be given notice thereof at least once 10 days prior to the meeting of the board, at which the petition may be acted upon, by publication in two newspapers of general circulation published daily in Clark County, or, if there is a newspaper whose principal offices are located in the city, then in one newspaper of general circulation published daily in Clark County and in the newspaper whose principal offices are located in the city. The notice shall also be mailed to all known freeholders of the area or 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 reasons why such land should be annexed to the city.

      At such meeting, the board shall either accept or reject the petition and declare or refuse to declare annexed to the city the property described in the petition. In order to accept the petitions and declare annexed the property described in the petitions the council must first make the following determinations:

      (a) That petitions have been filed constituting a majority of freeholders within the area proposed to be annexed;

      (b) That the area is adjacent and contiguous to the city; and

      (c) That the annexation is reasonable.

      If a majority of all members of the council vote to accept the petitions and declare the annexation of the territory and the extension of the limits of the city accordingly, a copy of a map or plat of the territory described in the petitions shall be filed at once in the office of the county recorder together with a certified copy of the minutes of the council meeting declaring such annexation. Thereupon such annexation shall be deemed complete and the territory shall be deemed and held to be a part of the original city and the inhabitants thereof shall thereafter enjoy the privileges and benefits of such annexation and be subject to the regulations and ordinances of the city.

      The county assessor shall adjust the tax roll showing the area annexed to be a part of the city on the first tax roll the closing date of which follows the date of recording.

      4.  Method 2.  When the city council deems it necessary to annex additional territory and the inhabitants of such territory have not petitioned for annexation as provided for in Method 1, the city council shall adopt a resolution declaring its intention to annex such territory, describing the territory to be annexed, and ordering a map or plat of the same to be filed in the office of the city clerk of the city, and notice to be given as to the time when the city council shall hear objections to the annexation of such territory on the part of the freeholders therein and the residents of the city. The hearing shall be set not less than 10 days after the date of publication of notice or the mailing of notice, whichever is later. The notice shall be published at least once in two newspapers of general circulation published daily in Clark County, or, if there is a newspaper whose principal offices are located in the city, then in one newspaper of general circulation published daily in Clark County and in the newspaper whose principal offices are located in the city.


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

ê1963 Statutes of Nevada, Page 1206 (Chapter 447, AB 452)ê

 

principal offices are located in the city, then in one newspaper of general circulation published daily in Clark County and in the newspaper whose principal offices are located in the city. The notice shall also be mailed to all known freeholders of the area or 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 reasons why such land should be annexed to the city. After the hearing, if a majority of the freeholders, who were freeholders on the date the resolution was adopted of the territory sought to be annexed, do not protest prior to or at the hearing, the city council shall declare the property to be annexed to, and be a part of, the city. At such meeting, the board shall determine:

      (a) That a majority of freeholders of the area sought to be annexed did not protest;

      (b) That the area is adjacent and contiguous to the city; and

      (c) That the annexation is reasonable.

      A copy of a map or plat of the territory described in the resolution shall be filed at once in the office of the county recorder, together with a certified copy of the minutes of the council meeting declaring such annexation, and thereupon such annexation shall be deemed complete and the territory shall be deemed and held to be a part of the original city and the inhabitants thereof shall thereafter enjoy the privileges and benefits of such annexation, and be subject to the regulations and ordinances of the city.

      The county assessor shall adjust the tax roll showing the area annexed to be a part of the city on the first tax roll the closing date of which follows the date of recording.

      5.  A list of freeholders within the area proposed to be annexed, certified by the county assessor, shall be prima facie evidence that the list includes all freeholders. With respect to Method 1, if the list is dated on the date any petition is signed or on the date of the meeting at which the area is accepted or rejected, or on any intervening date, the persons listed thereon shall be presumed to be freeholders on all of these dates.

      6.  When property is owned by more than one person, the signatures of a majority of the persons listed as owning any particular piece of property shall be presumed to be in the capacity of agent for all of the persons owning the same piece of property. A signature of any authorized agent of a corporation shall be presumed to be on behalf of the corporation.

      7.  No change in the boundaries of the city shall be effective within 90 days next preceding any general city election. No annexation which affects the boundaries of a township shall be effective within 90 days next preceding any general election. Any annexation which would otherwise be effective within the above-stated 90 days shall be effective the day following the aforesaid elections.

      8.  No action shall be brought challenging the validity of an annexation under the provisions of this section after 90 days from the date on which the annexation is recorded with the county recorder.

      Sec. 5.  Section 3 of Chapter I of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as amended by chapter 296, Statutes of Nevada 1957, at page 448, is hereby amended to read as follows:

 


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

ê1963 Statutes of Nevada, Page 1207 (Chapter 447, AB 452)ê

 

Statutes of Nevada 1957, at page 448, is hereby amended to read as follows:

      Section 3.  [Wards.  If as a result of the election to be held in the city of North Las Vegas in May 1957, pursuant to the provisions of section 3 of chapter II, a majority of the qualified voters indicates its desire that the city councilmen be elected from wards rather than at large within the city, then prior to the election to be held in the city of North Las Vegas in May 1959, the city shall be divided into four wards for the purpose of convenience of holding elections, and at the election to be held in May 1959 and thereafter, all city councilmen shall be elected from their respective wards. If as a result of the election to be held in May 1957, pursuant to the provisions of section 3 of chapter II, the majority of the qualified voters indicates its desire that the city councilmen not be elected from wards but from the city at large, then the city shall not be divided into wards, and at the election to be held in May 1959 and thereafter, all city councilmen shall be elected at large within the city.] Councilmen Elected at Large.  All city councilmen shall be elected at large within the city.

      Sec. 6.  The title of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 394, is hereby amended to read as follows:

 

Chapter II

 

[Officers; Elections; Claims and Accounts;

Ordinances; Recall; Impeachment;

Arrests]

Powers, Duties and Removal of Officers; Fiscal Affairs

of the City; Municipal Court; Elections;

General and Miscellaneous

Provisions

 

      Sec. 7.  Section 1 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 394, is hereby amended to read as follows:

      Section 1.  City Council; [First] Election of.  The governing body for the city of North Las Vegas shall consist of a city council, composed of a mayor and four councilmen, whose [first] election shall be held in the manner and at the time [as follows:

      At the regular biannual spring election qualified voters of the city of North Las Vegas shall vote on and elect a mayor and four councilmen.] provided for in this charter. All provisions of the law relating to general elections, so far as the same can be made applicable and not inconsistent with the provisions of this [act,] charter, shall apply to and be observed in conducting such elections hereinafter provided for; as well as applied to and observed in the appointment of [inspectors making and canvassing of said election.] election officers. No candidate for office at such elections shall be entitled to have his name placed upon the official ballot unless such candidate shall have complied with all the general election laws of the State of Nevada, and shall be a legal property holder [in his respective ward.] within the city.


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

ê1963 Statutes of Nevada, Page 1208 (Chapter 447, AB 452)ê

 

      Sec. 8.  Section 3 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as amended by chapter 296, Statutes of Nevada 1957, at page 449, is hereby amended to read as follows:

      Section 3.  Officers, Election of; Election, When and How Held; Councilmen.  The elective officers of the city of North Las Vegas, consisting of the mayor, four councilmen and the municipal court judge, elected or appointed prior to [the effective date of this amendatory act,] March 28, 1957, shall go out of office and their terms shall expire on the Tuesday after the election to be held on the first Tuesday after the first Monday in May, 1957, it being the intention [of this amendatory act] to require the election of all elective officers in the manner hereinafter provided at the election to be held in May, 1957, notwithstanding the fact that such elective officers may have been elected or appointed to fill unexpired terms for periods of time extending beyond the Tuesday after the election to be held on the first Tuesday after the first Monday in May, 1957. On the first Tuesday after the first Monday in May, 1957, and at each successive interval of four years, there shall be elected by the qualified voters of the city of North Las Vegas, at a general election to be held for that purpose, a mayor, in and for [said] the city, who shall hold office for a period of four years, and until his successor shall have been elected and qualified. At [said] the election on the first Tuesday after the first Monday in May, 1957, there shall be elected by the qualified voters of the [said] city, four councilmen who have received the largest number of votes cast in [said] the city at such election; provided, however, that the two councilmen receiving the greatest percentage of votes in the city shall hold office for a period of four years, and the remaining two councilmen shall hold office for a period of two years, thus giving the city a mayor and two councilmen with a four-year term, and two councilmen with a two-year term. At the end of the two years, the two councilmen who run and are successfully elected shall have a term of office of four years, thereby creating a hold-over type of council. There shall also be elected at each biennial election one municipal court judge who shall be elected in the same manner as the mayor and council and who shall serve for a two-year period and until his successor shall have been elected and qualified, at such salary as may be fixed by the city council. In the event of any tie, the results shall be determined by lot. [At the election to be held in the city on the first Tuesday after the first Monday in May 1957, in addition to the names of candidates for election as public officers of the city, there shall appear upon the ballot the question, in substantially the following form: “Shall the city of North Las Vegas be divided into four wards for the purpose of convenience of holding elections and electing city councilmen from their respective wards?-‘Yes’-‘No’.” If a majority of the qualified voters voting at the election in May 1957 is in favor of dividing the city into wards and electing city councilmen therefrom, the question shall have carried and, pursuant to section 3 of chapter I, prior to and at the election to be held in May, 1959 and thereafter the city shall be divided into four wards for the purpose of convenience of holding elections, and at the election in May 1959 and thereafter all city councilmen shall be elected from their respective wards.


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

ê1963 Statutes of Nevada, Page 1209 (Chapter 447, AB 452)ê

 

in May 1959 and thereafter all city councilmen shall be elected from their respective wards. If a majority of the qualified voters voting at the election in May 1957 is not in favor of dividing the city into wards and electing city councilmen therefrom, the question shall have failed and, pursuant to section 3 of chapter I, the city shall not be divided into wards and thereafter all city councilmen shall be elected at large within the city.] On the first Tuesday after the first Monday in May 1959, and each successive interval of two years thereafter, there shall be elected in [their respective wards, or] the city at large [as the case may have been determined by the results of the election held in May 1957,] by the qualified voters of [said] the city, two councilmen who shall hold office for four years and until their successors shall have been elected and qualified. The city council of [said] the city shall order the general election, and shall determine the places in [said] the city for the holding of the same, and the mayor of [said] the city shall make proclamation thereof, and otherwise [said] the election and the manner of holding of the same shall be governed by the laws of the State of Nevada governing general elections so far as the same may be applicable thereto; and in the event there should be any failure on the part of the general election laws of the state to provide for some features of [said] the city election in [said] the city, the council of the city of North Las Vegas shall have the power to provide for such deficiency.

      Sec. 9.  Section 4 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as amended by chapter 296, Statutes of Nevada 1957, at page 450, is hereby amended to read as follows:

      Section 4.  Registration of Electors; Election Precincts; Officers of Election.  The city council may and they are hereby empowered to provide for the registration of electors for any and all city elections, both regular and special, to provide for conducting all such elections, establishing election precincts [and wards, if required as a result of the election held in May 1957,] and changing the same, and appointing the necessary officers of election; provided, however, that they may, at their option, and without the enactment of ordinance, proceed in accordance with the provisions of the general election laws of the State of Nevada wherever the same can be made applicable.

      Sec. 10.  Section 6 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 396, is hereby amended to read as follows:

      Section 6.  [Officers, Appointive and Ex Officio; Enumeration of Compensation.] City Assessor; Deputy; Compensation.  The county assessor of the county of Clark shall be ex officio city assessor. [Said] Such officer shall perform the duties of his office under [said] the city without extra compensation, but for the performance of the duties of city assessor relative to city assessments as [in this act provided,] provided in this charter, the city council, upon request of the city assessor, may appoint, for such time as his services may be necessary, a deputy city assessor to perform such duties relative to special assessments. The city council shall fix and pay the deputy such compensation as they deem fit. [Said] The county assessor shall be liable on his official bond for the faithful discharge of the duties imposed on him by this charter.


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

ê1963 Statutes of Nevada, Page 1210 (Chapter 447, AB 452)ê

 

his official bond for the faithful discharge of the duties imposed on him by this charter. [act. The city council shall appoint a city clerk who shall be ex officio city auditor, the salary of the combined offices to be fixed, allowed and paid by said council. The city clerk shall be the ex officio license collector of the city of North Las Vegas. Said council may also at its discretion appoint a city attorney at a salary to be fixed by the city council or may at its discretion employ and compensate an attorney from time to time for such legal advice and services as they may deem necessary. Said city council shall appoint a city treasurer at a salary to be fixed by said council. Said council shall appoint a chief of police at a monthly salary to be fixed by said council. The council shall cause an audit of the said city books and accounts to be performed and rendered after the close of each fiscal year of said city or oftener at the discretion of said council. Said audit shall be made by a certified public accountant to be appointed annually by the city council. Said accountant to be paid for his services from time to time as the same are rendered. The city council may from time to time ordain and establish other offices with the right to fill the same by appointment and prescribe the duties thereof. The duties and compensation of the appointive offices shall be fixed, allowed and paid by the city council out of such city funds as the council may designate. Any one or more of such appointive offices may, at the discretion of the city council, be combined and the duties thereof be discharged by one person.]

      Sec. 11.  Section 7 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 397, is hereby amended to read as follows:

      Section 7.  City Registry Agent; Compensation.  The county clerk of the county of Clark shall be ex officio registry agent for the city of North Las Vegas, and for such services performed as such agent shall be allowed by the city council and should be paid out of the funds of [said] the city the prevailing rate per name for every elector registered. [Said city council may also at their discretion, and they shall whenever petition be presented to them, signed by a majority of the qualified electors of said city, or whenever so directed by a majority vote in any election, appoint a city manager, provide his duties and authority and fix his compensation at a sum per year to be determined by said city council which shall be paid in the same manner as other claims against said city are paid. The city manager shall be the chief executive officer of the city. He shall be chosen by the city council solely on the basis of the qualifications for the position, taking into consideration his educational preparation, experience, executive and administrative ability, character, and reputation, and in such selection the choice shall not be limited to inhabitants of the city nor of the state. The city manager shall be appointed for an indefinite period, and he may be removed by the city council. If removed at any time after having served six months, he may demand written charges and a public hearing on the same before the city council prior to the date on which his final removal shall take effect, but during said interval the city council may suspend him from office. During the absence or disability of the city manager the city council shall designate some properly qualified person to perform the duties of the office.


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

ê1963 Statutes of Nevada, Page 1211 (Chapter 447, AB 452)ê

 

city manager the city council shall designate some properly qualified person to perform the duties of the office. The city manager shall be responsible to the city council for the proper administration of all affairs of the city, and to that end may make appointments with the consent and approval of the majority of the city council, except as otherwise provided in this charter. Except when the city council are considering his removal, the city manager shall be entitled to be present at all meetings of the city council and of their committees and to take part in their discussions. In the event that a city manager be employed, neither the city council nor any of its committees or members shall dictate the appointment of any person to employment. The duties of the city supervisors and the heads of departments shall come under his jurisdiction. Said city council may also, at their discretion, appoint a city engineer and define his duties. Such appointee shall be a registered and competent engineer, and his appointment shall be solely on the basis of his qualifications as an engineer, said councilmen being the sole judge of his qualifications. Said councilmen may, at their discretion, combine any position within the city and may fix the compensation for such combined positions at a sum per year to be determined by said city council, which shall be paid in the same manner as other claims against the city are paid.]

      Sec. 12.  Section 8 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 397, is hereby amended to read as follows:

      Section 8.  [Officers, Elective; Qualifications of.  The mayor shall not be less than twenty-five years of age. All officers shall be citizens of the United States, and for at least two years immediately preceding their election, residents of the city of North Las Vegas, qualified voters who are property owners and taxpayers in said city.] Qualifications of Mayor and Councilmen.  1.  The mayor and each city councilman shall have the following qualifications. He shall be:

      (a) Not less than 25 years of age.

      (b) A citizen of the United States.

      (c) A resident of the city of North Las Vegas for a continuous 2-year period immediately preceding his election.

      (d) A registered voter for a continuous 2-year period immediately preceding his election.

      (e) An owner of real property in the city of North Las Vegas for a 2-year period immediately preceding his election.

      2.  All of the officers made elective by the popular vote shall within thirty days after the result of the election is ascertained, qualify as required by this charter and the constitution and laws of the State of Nevada, and failing to do so within [the said] such time, such office shall be and become vacant.

      Sec. 13.  Section 9 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 398, is hereby amended to read as follows:

      Section 9.  [Official Oath; Qualification.  Every person elected by the voters of said city or by the city council to fill any office under this act, shall, before entering on the duties of his office, take and subscribe to the official oath provided by the constitution of this state; and in addition thereto, that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government of the city of North Las Vegas.


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

ê1963 Statutes of Nevada, Page 1212 (Chapter 447, AB 452)ê

 

to the official oath provided by the constitution of this state; and in addition thereto, that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government of the city of North Las Vegas. All official bonds herein provided for shall be filed with the city clerk of said city, with the exception of the city clerk, which shall be filed and recorded in the office of the county recorder of the county of Clark. All elective officers herein provided for shall enter upon their duties upon receiving their certificate of election and upon filing their oath of office and bond duly approved by the district judge as in this act provided.]Oaths of Elected, Appointed Officers; When Elected Officers Qualify.  1.  Every elected and appointed officer of the city shall, before entering on the duties of his office:

      (a) Take and subscribe to the official oath prescribed by NRS 282.020, and in addition thereto shall swear or affirm that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government. All such oaths shall be filed in the office of the city clerk.

      (b) Furnish a bond, if required, pursuant to the provisions of section 10 of Chapter II of this charter.

      2.  Every elected officer shall enter upon his duties upon receipt of his certificate of election, the filing of his official oath and the furnishing of a bond, if required, pursuant to the provisions of section 10 of Chapter II of this charter.

      Sec. 14.  Section 10 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 398, is hereby amended to read as follows:

      Section 10.  [Officers, Bonds of; Approved by District Judge.  All officers elected by popular vote before entering upon their duties of respective offices shall give bond in the sum of $5,000, and all appointive officers whose bonds are not herein otherwise provided for shall give bond in such sum as may be fixed by the city council of said city, payable to the city of North Las Vegas, Clark county, Nevada, conditioned for the faithful discharge of the duties of the office, which bond shall be signed by the principal and by two or more good and sufficient sureties to be approved by the district judge. The sureties may become severally liable in the amounts not less than $5,000 each, and each surety shall justify by subscribing to an affidavit annexed to said bond, to the effect that he is worth the sum for which he becomes liable, in property not exempt from execution over his just debts and liabilities.] Surety Bonds of Elected, Appointed Officers; Conditions; Filing.  1.  Before entering upon his duties, the mayor, each councilman and the police judge shall furnish to the city a surety bond in the principal amount of $5,000 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.

      2.  Appointed officers whose surety bonds are not otherwise fixed in amount by this charter shall furnish bonds in such principal amounts as may be fixed and required by the council. Such bonds may be issued by either the state board of examiners or by a surety company qualified to do business in the State of Nevada as provided in subsection 1.


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

ê1963 Statutes of Nevada, Page 1213 (Chapter 447, AB 452)ê

 

by either the state board of examiners or by a surety company qualified to do business in the State of Nevada as provided in subsection 1.

      3.  The bonds required by subsections 1 and 2 shall be conditioned as required in NRS 282.280.

      4.  All surety bonds elected and appointed officers shall be filed with the city clerk except the surety bond of the city clerk, which shall be recorded in the office of the county recorder of Clark County.

      Sec. 15.  Section 11 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as amended by chapter 350, Statutes of Nevada 1959, at page 525, is hereby amended to read as follows:

      Section 11.  Mayor and Councilmen, Salary of.  [The mayor shall receive for remuneration of his services the sum of $3,000 per year, payable in equal monthly installments. The councilmen shall receive remuneration for their services, as such, the sum of $1,800 per year, payable in equal monthly installments.]

      1.  Until the election held on the first Tuesday after the first Monday in May 1965, the mayor shall receive for remuneration for his services the sum of $3,000 per year, payable in equal monthly installments. Thereafter, the mayor shall receive for remuneration for his services the sum of $5,400 per year, payable in equal monthly installments.

      2.  Until the election held on the first Tuesday after the first Monday in May 1963, the two councilmen who were elected at the election held in May 1959 shall receive remuneration for their services, as such, the sum of $1,800 per year, payable in equal monthly installments. Thereafter they or their successors in office shall receive remuneration for their services, as such, the sum of $3,600 per year, payable in equal monthly installments.

      3.  Until the election held on the first Tuesday after the first Monday in May 1965, the two councilmen who were elected at the election held in May 1961 shall receive remuneration for their services, as such, the sum of $1,800 per year, payable in equal monthly installments. Thereafter they or their successors in office shall receive remuneration for their services, as such, the sum of $3,600 per year, payable in equal monthly installments.

      Sec. 16.  Section 12 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 398, is hereby amended to read as follows:

      Section 12.  [The city council shall have the power to employ a superintendent of streets and water works, or any other public utility for said city of North Las Vegas, who shall have under his special charge, subject to the control of the city council, supervision of streets, alleys, public grounds, water works system, or other public utilities of said city of North Las Vegas, and shall be charged with the duty of keeping the streets, alleys, public grounds, water works, and other public utilities in proper condition and developing the same. Said superintendent shall receive as remuneration for his services a sum set by said city council, payable out of the general funds of said city.] Creation of Departments; Appointment of Officers; City Manager’s Direction.  


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

ê1963 Statutes of Nevada, Page 1214 (Chapter 447, AB 452)ê

 

Direction.  1.  The council may establish city departments, offices or agencies in addition to those created by this charter, and may prescribe the functions of all departments, offices and agencies, except that no function assigned by this charter to a particular department, office or agency may be discontinued or, unless this charter specifically so provides, assigned to any other department, office or agency.

      2.  All officers, exclusive of the elected officers and personnel covered by civil service, shall be appointed by the city manager subject to ratification by the city council.

      3.  All departments, offices and agencies under the direction and supervision of the city manager shall be administered by an officer subject to the direction and supervision of the city manager. With the consent of the council, the city manager may serve as the head of two or more departments, offices or agencies or may appoint one person as the head of two or more departments, offices or agencies.

      Sec. 17.  Section 13 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 398, is hereby amended to read as follows:

      Section 13.  [Councilmen Not To Hold Other Office: Officers Not to Contract With City or Make Bonds to City; Forfeiture of Office.  No member of the city council shall hold any other elective public office or employment under the county of Clark, nor have employment thereunder, nor receive compensation for any other position or office which is paid out of the public money of the city of North Las Vegas, nor be elected, nor appointed to any offices created by or the compensation of which was increased or fixed by the city council while he was a member thereof. Nor shall any member of the city council of the city of North Las Vegas be pecuniarily interested directly or indirectly in any contract let by the city, nor in any manner wherein the rights or liberties of the city of North Las Vegas are, or may be, involved; nor shall any member of the city council of North Las Vegas be interested directly or indirectly in any public work or contract lot, supervised or controlled, or which shall be paid wholly, or in part, by the city, nor shall any such councilman become the surety of any person or any bond or other obligation of the city of North Las Vegas. Any member of the city council of the city becoming interested directly or indirectly as aforesaid, or by commission, or retainer, or fee or by gift or loan given or received at the time of the transaction, or before or after the same, in any contract, franchise, work, purchase or sale, by or with any of the agencies aforesaid, shall forfeit all rights or claim to the title and emoluments of the office which he may happen to hold in said city, and shall be expelled therefrom by the city council, or, if they shall fail to remove said member of the city council, guilty as aforesaid, he shall nevertheless be subject to removal upon the action of twenty citizens taken in the district court of Clark county if such proceedings as are appropriate and proper.] Councilmen and Mayor Not To Hold Other Offices; Officers Not To Contract With City or Make Bonds to City; Forfeiture of Office.  1.  No member of the city council (including the mayor) shall:


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

ê1963 Statutes of Nevada, Page 1215 (Chapter 447, AB 452)ê

 

      (a) Hold any other elective public office or employment under the county of Clark, or have employment thereunder.

      (b) Receive compensation for any other position or office which is paid out of public money of the city of North Las Vegas.

      (c) Be elected or appointed to any office created by or the compensation of which was created or fixed by the city council while he was a member thereof.

      (d) Be pecuniarily interested, directly or indirectly, in any contract let by the city, or in any transaction wherein the right or liberties of the city are, or may be involved.

      (e) Be interested directly or indirectly in any public work or contract let, supervised or controlled, or which is paid wholly, or in part, by the city.

      (f) Become the surety of any person on any bond or other obligation running to the city.

      2.  Any member of the city council (including the mayor) who violates any of the provisions of subsection 1 shall forfeit all rights and claim to the title and emoluments of office, and shall be expelled therefrom by the city council (including the mayor). If the city council (including the mayor) fails to remove such guilty officer, such officer shall be subject to removal from office by the action of 20 citizens of the city instituted in the district court of Clark County in an appropriate proceeding.

      Sec. 18.  Section 15 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 400, is hereby amended to read as follows:

      Section 15.  Recall of Officer; Procedure; Election of Successor.  [The holder of any elective office] The mayor, each councilman and the police judge may be removed at any time by the electors qualified to vote for a successor of such incumbent. The procedure to effect the removal of an incumbent of an elective office shall be as follows: A petition signed by electors entitled to vote for a successor to the incumbent sought to be removed equal in number to at least twenty per centum of the entire number of persons entitled to vote in [said] the city at [said] the time, demanding an election for the recall of, or for the election of a successor to, the person sought to be removed, shall be filed with the city clerk; provided, that the petition sent to the city clerk shall contain a general statement, in not more than 200 words, of the grounds for which the removal is sought. The signatures to the petition need not be all appended to one paper, but each signer shall add to his signature his place of residence, giving his street and number. One of the signers of each of such papers shall make an oath before an officer competent to administer oaths that each signature is that of the person whose name purports to be thereunto subscribed. Within ten days from the filing of such petition, the city clerk shall examine the same and from the list of qualified voters ascertain whether or not [said] the petition is signed by the requisite number of qualified voters, and if necessary the [supervisors] council shall allow him extra help for that purpose, and he shall forthwith attach to [said] the petition a certificate showing the result of [said] the examination.


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

ê1963 Statutes of Nevada, Page 1216 (Chapter 447, AB 452)ê

 

to [said] the petition a certificate showing the result of [said] the examination. If by the city clerk’s certificate the petition is shown to be insufficient, it may be amended within ten days from the date of [said] the certificate. The clerk shall within ten days after such amendment make like examination of the amended petition, and if his certificate shall show the same to be insufficient, it shall be returned to the person filing [same,] it, without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be found sufficient the clerk shall submit the same to the city council forthwith. If the petition shall be found to be sufficient, the city council (including the mayor) shall order and fix a date for holding the [same] election not less than thirty nor more than forty days from the date of the clerk’s certificate to the [board] council that a sufficient petition is filed. Provided, however, that if such officer shall offer his resignation within five days after the filing of the petition aforesaid, such resignation shall be accepted, and the vacancy thereby caused shall be filled in the manner provided by law; if such officer shall not resign, he shall continue to perform the duties of his office until the result of [said] the special election shall be finally declared. The city council shall make, or cause to be made, publication of notice and all arrangements for holding such election, and the same shall be conducted, returned, and the result thereof declared in all respects as are other city elections. On the ballot at [said] the election there shall be printed verbatim, as set forth in the recall petition, the reason for demanding the recall of [said] the officer, and, in not more than 200 words, the officer’s justification of his course in office, if furnished by him. If there be no other candidate nominated to be voted for at [said] the special election, there shall be printed upon the ballot the name of the officer sought to be recalled, the office which he holds and the words “For Recall” and “Against Recall”; if there be other candidates nominated for the office to be voted for at [said] the special election, there shall be printed upon the ballot the name of the officer sought to be recalled, and the office which he holds, and the name or names of such other candidates as may be nominated to be voted for at [said] the special election, and the words “For Recall” and “Against Recall” shall be omitted; in other respects the ballot shall conform with the requirements of the general election laws applicable to city elections. If there be other candidates nominated to be voted for at the special election, the candidate who shall receive the highest number of votes at [said] the special election, shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed or another. If any officer be recalled upon such special election, and other candidates are not nominated to be voted for at such special election, the vacancy thereby created shall be filled in the manner provided by law. No petition for the recall of any public officer shall be circulated or filed against any such officer until he has actually held his office six months. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless [said] such further petitioners shall pay into the public treasury, from which the expenses of [said] such special election have been paid, the whole amount paid out of [said] the public treasury as expenses for the preceding special election.


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

ê1963 Statutes of Nevada, Page 1217 (Chapter 447, AB 452)ê

 

[said] such special election have been paid, the whole amount paid out of [said] the public treasury as expenses for the preceding special election.

      Other candidates for the office may be nominated to be voted for at [said] the special election by petition, which [said] petition shall be signed by the qualified electors of [said] the city qualified to vote for a successor of each incumbent equal in number to 20 percent of the entire number of persons entitled to vote in [said] the city at [said] the time. [Said] The nominating petition shall be filed with the officer with whom the [said] recall petition is filed, at least fifteen days prior to the date of [said] the special election.

      Sec. 19.  Section 17 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 401, is hereby amended to read as follows:

      Section 17.  Oaths, Who May Administer.  [Each] The mayor, each councilman and the city clerk shall be and are hereby authorized to administer oaths in the municipal affairs and government of the city.

      Sec. 20.  Section 18 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as amended by chapter 296, Statutes of Nevada 1957, at page 450, is hereby amended to read as follows:

      Section 18.  [Said city council so constituted shall have control and supervision over all of the departments of said city, and to that end shall have the power to make and enforce such rules and regulations as they may see fit and proper for and concerning the organization, management, and operation of all the departments of said city, whatever agencies may be created for the administration of its affairs. The mayor shall designate from among the councilmen, at the first meeting of the council after their election and qualifications, at each election, or as soon thereafter as may be practicable, one councilman who shall be known as “police and fire councilman,” who shall be the executive officer of his department and who has under his special charge the enforcement of all police regulations of said city, and to exercise any power and control over said department that he may deem necessary for the improvement of the service in said department; and who shall have general supervision over fire department and to exercise any power and control over said department; provided, however, his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule and regulation put in force by the councilmen; and one councilman to be known as “councilman of streets, lights, and public property,” who shall have under his special charge the supervision of streets, alleys, public grounds, and property of said city, and be charged with the duty of keeping the streets and alleys, public grounds and property clean and in a sanitary condition, and with the enforcement of all rules and regulations necessary to these ends; and one councilman to be known as the “councilman of sewerage and water,” who shall be the executive officer of his department and who shall see to the enforcement of all rules and regulations with respect to said departments, and be charged with the duty of keeping the waterworks in working condition and developing the same, and shall see that all contracts of the grant of any franchise privileges are faithfully complied with, and performed; provided, however, that his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule or regulation put in force by the city council; and one councilman known as the “councilman of finance and revenue,” who shall be the executive officer of his department, and who shall have under his special charge the enforcement of all laws for the assessment and collection of taxes of every kind and the collection of all revenues belonging to said city, from whatever source the same may be derived, and who shall also examine into and keep informed as to the finances of the city; it being the purpose of this act to charge each councilman in control of the department with its management, and to fix directly upon him the responsibility for its proper conduct; provided, the mayor shall have the power at any time when in his discretion it is for the best interests of the service in any department under the special charge of any councilman to recall the appointment of such councilman and designate another councilman as a supervisor over another department.]


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

ê1963 Statutes of Nevada, Page 1218 (Chapter 447, AB 452)ê

 

keeping the waterworks in working condition and developing the same, and shall see that all contracts of the grant of any franchise privileges are faithfully complied with, and performed; provided, however, that his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule or regulation put in force by the city council; and one councilman known as the “councilman of finance and revenue,” who shall be the executive officer of his department, and who shall have under his special charge the enforcement of all laws for the assessment and collection of taxes of every kind and the collection of all revenues belonging to said city, from whatever source the same may be derived, and who shall also examine into and keep informed as to the finances of the city; it being the purpose of this act to charge each councilman in control of the department with its management, and to fix directly upon him the responsibility for its proper conduct; provided, the mayor shall have the power at any time when in his discretion it is for the best interests of the service in any department under the special charge of any councilman to recall the appointment of such councilman and designate another councilman as a supervisor over another department.] Prohibition Against Holding Other Office; Appointments and Removals; Interference With Administration.  1.  Except where authorized by law, no councilman shall hold any other city office or employment during the term for which he was elected to the council, and no former councilman shall hold any compensated appointive city office or employment until 1 year after the expiration of the term for which he was elected to the council.

      2.  Neither the council nor any of its members shall dictate the appointment or removal of any city administrative officers or employees whom the city manager or any of his subordinates are empowered to appoint unless the council expresses its views and fully and freely discusses with the city manager anything pertaining to appointment or removal of such officers and employees. The council shall then have the authority to suspend and remove such officers and employees on the unanimous vote of the council.

      3.  Except for the purpose of inquiries, the council or its members shall deal officially with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the council nor its members shall give official orders to any such officer or employee, either publicly or privately.

      Sec. 21.  Section 19 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 402, is hereby amended to read as follows:

      Section 19.  Mayor, Powers and Duties  [.  The mayor shall be the chief executive officer of the city of North Las Vegas and shall be ex officio president of the city council, and shall see that all the laws thereof are enforced; he shall be clothed with all the authority that is now or may hereafter be vested in a mayor by general law so far as the same may be applicable and not in conflict with this act. He shall have and exercise such power, prerogative and authority, acting independent of, or in concert with, the city council, as are conferred by the provisions of this act, as may be conferred upon him by the city council, and

 

Link to Page 1219