[Rev. 5/27/2016 12:18:14 PM]

Link to Page 200

 

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ê1965 Statutes of Nevada, Page 201 (Chapter 114, SB 133)ê

 

For issuing marriage licenses ($1 to be retained by him and $1 to be paid to the county recorder)...................................................................... $2.00

For filing, indexing and registering certificates of copartnership.......... 2.50

For filing and indexing articles of incorporation..................................... 2.50

For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment, each................................................. 1.00

 

      3.  Out of each fee collected on the commencement of any action or proceeding in the district court, except probate and guradianship proceedings, or on an appeal thereto, or on the transfer of any case from the justice’s court or a municipal court, the clerk shall set aside the sum of $5 to be paid into a fund in the county treasury of White Pine County for the benefit of the White Pine County law library. If at any time such fund exceeds the sum of $2,500, the board of county commissioners shall transfer such excess into the general fund of the county.

      4.  For all services not enumerated in this section, the clerk may charge and collect such fees as are now or may hereafter be fixed by law.

      5.  No fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.

      6.  The foregoing fees shall be collected in addition to the fees provided for and known as court fees in NRS 19.020, and paid into the office of the county treasurer on or before the 5th day of the month next succeeding the month in which such fees are collected.

      Sec. 18.  NRS 145.100 is hereby amended to read as follows:

      145.100  Estates not exceeding [$400 and $1,000] $1,000 and $3,000 may be assigned and set apart without administration as provided in NRS 146.070.

 

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ê1965 Statutes of Nevada, Page 202ê

 

CHAPTER 115, AB 163

Assembly Bill No. 163–Washoe County Delegation

CHAPTER 115

AN ACT ratifying, approving and confirming Ordinance No. 1352 of the City of Reno, Nevada, passed, adopted and approved February 12, 1962, and entitled “An ordinance to amend Chapter 9 of the Reno Municipal Code by adding thereto a new article to be known as Article XIV; providing for the imposition and collection of fees for the use of the City of Reno’s sewage collection and disposal system; providing for the imposition of and collection of a fee for new connections to said sewer system; providing that delinquent fees be made a lien against the property served, and providing for other matters properly relating thereto”; and providing other matters properly relating thereto.

 

[Approved March 5, 1965]

 

      Whereas, A question has been raised with respect to the statutory or charter authority of the City of Reno, Nevada, to enact its Ordinance No. 1352, which was passed, adopted and approved February 12, 1962; now, therefore,

 

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

do enact as follows:

 

      Section 1.  All of the provisions of Ordinance No. 1352, of the City of Reno, Nevada, passed and adopted by the city council of the city of Reno and approved by the mayor thereof all on February 12, 1962, entitled “An ordinance to amend Chapter 9 of the Reno Municipal Code by adding thereto a new article to be known as Article XIV; providing for the imposition and collection of fees for the use of the City of Reno’s sewage collection and disposal system; providing for the imposition of and collection of a fee for new connections to said sewer system; providing that delinquent fees be made a lien against the property served, and providing for other matters properly relating thereto,” are hereby authorized, ratified, approved and confirmed in all respects.

      Sec. 2.  This act shall operate to supply such legislative authority as may be necessary to validate any and all acts performed, or proceedings taken, by or on behalf of the City of Reno, Nevada, pursuant to, or in anywise appertaining to Ordinance No. 1352.

      Sec. 3.  This act is necessary to secure and preserve the public health, safety, convenience and welfare of the people of the State of Nevada, and it shall be liberally construed to effect its purpose.

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

 

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ê1965 Statutes of Nevada, Page 203ê

 

CHAPTER 116, AB 298

Assembly Bill No. 298–Ormsby County Delegation

CHAPTER 116

AN ACT authorizing the acquisition, operation and maintenance by the County of Ormsby and the City of Carson City of a joint city and county law enforcement facility, including without limitation a building for use as a joint city-county jail, improvements incidental thereto, and equipment, furnishings and a site therefor; providing for the issuance of bonds therefor by the County of Ormsby and by the City of Carson City; providing limitations in connection with the issuance of and other details concerning such bonds, their redemption and taxes levied therefor; delineating powers, privileges, immunities, rights, liabilities, disabilities and duties in connection with the acquisition, operation and maintenance of said facility; providing other details concerning said facility, such bonds, and such taxes; and providing other matters properly relating thereto.

 

[Approved March 5, 1965]

 

      Whereas, The board of county commissioners of the County of Ormsby, in the State of Nevada (herein sometimes designated as the “Board,” the “County,” and the “State,” respectively), and the city council of the City of Carson City (herein sometimes designated as the “Council” and the “City,” respectively) are desirous of acquiring, operating and maintaining a joint city and county law enforcement facility, including without limitation a building for use as a joint city-county jail, improvements incidental thereto, and equipment, furnishings and a site therefor (herein sometimes designated as the “Facility”); and

      Whereas, The Board ordered the submission of, and there was submitted, at the general election held in the County on Tuesday, the 3rd day of November, 1964, to the duly qualified electors of the County, a proposal authorizing the County to incur an indebtedness by the issuance of the County’s negotiable, coupon, general obligation bonds, in one or more series, in the aggregate principal amount of $900,000.00, or so much thereof as may be necessary, for the purpose of the construction, and other acquisition of a City and County law enforcement facility, and a county jail, improvements incidental thereto, equipment and furnishings therefor, said bonds to bear interest at a rate or rates not exceeding 5 percent per annum, and to mature serially according to law, commencing not later than 3 years from the date of the bonds and ending not later than 20 years therefrom, payable from general (ad valorem) taxes (except to the extent other moneys are available therefor), and to be issued and sold in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the Board may determine, including at its option, but not necessarily limited to, provisions for the redemption of bonds prior to maturity without or with the payment of a premium; and

      Whereas, Said proposal was approved by a majority voting thereon of those qualified electors of the County who were owners of, or spouses of owners of, real property assessed on the County assessment roll and also by a majority voting thereon of all other qualified electors of the County; and

      Whereas, The joint participation of the City and the County in the Project will promote the morals, government, health, safety and welfare of the public and will otherwise benefit the County and the City and the inhabitants thereof; now, therefore,

 

 


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ê1965 Statutes of Nevada, Page 204 (Chapter 116, AB 298)ê

 

Project will promote the morals, government, health, safety and welfare of the public and will otherwise benefit the County and the City and the inhabitants thereof; now, therefore,

 

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

do enact as follows:

 

      Section 1.  The County of Ormsby and the City of Carson City are hereby authorized and empowered to construct, install, purchase and otherwise acquire a joint city and county law enforcement facility, including without limitation a building for use as a joint city-county jail, improvements incidental thereto, and equipment, furnishings and a site therefor (herein sometimes designated as the “Project”) at a site located within the City, as moneys may be made available therefor, including but not necessarily limited to the proceeds of bonds issued pursuant to this act.

      Sec. 2.  The County, acting by and through the Board, in addition to the powers elsewhere conferred upon the County, is hereby authorized and empowered, upon its behalf, without the necessity of another election or other or further preliminaries, to issue the County’s negotiable, coupon, general obligation bonds, in the aggregate principal amount of not exceeding $900,000.00, or such lesser amount as may be necessary, for the purpose of constructing, installing, purchasing, or otherwise acquiring a joint city and county law enforcement facility, including without limitation a building for use as a joint city-county jail, improvements incidental thereto, and equipment and furnishings therefor (herein sometimes designated as the “Building Project”).

      Sec. 3.  The City, acting by and through the Council, in addition to the powers elsewhere conferred upon the City, is hereby authorized and empowered, upon its behalf, subject to the provisions of section 4 of this act, to issue the City’s negotiable, coupon, general obligation bonds, in the aggregate principal amount of not exceeding $100,000.00, or such lesser amount as may be necessary for the purpose of acquiring by purchase, condemnation or otherwise, one or more parcels of land as a site for the joint city and county law enforcement facility (herein designated as the “Site Project”).

      Sec. 4.  The Council may submit at one time or from time to time a question of issuing any such bonds for the Site Project to the electors qualified to vote thereon, at a special, regular municipal, primary or general election, held in accordance with NRS 350.010 to 350.070, inclusive, all laws amendatory thereof, and the laws of the State relating to elections insofar as the same can be made applicable. If a majority of each the white ballots and the colored ballots cast on the question so submitted is in favor of the issuance of the bonds, the proposal to issue them shall have carried, and the Council may thereafter proceed to issue the bonds designated in the proposal in accordance with the provisions of this act. If a majority of either color of ballots or of both the white ballots and the colored ballots cast on the question so submitted is against the issuance of the bonds, then such proposal shall have failed, and the Council shall be without power to issue any of the bonds designated in the proposal.

 


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ê1965 Statutes of Nevada, Page 205 (Chapter 116, AB 298)ê

 

bonds designated in the proposal. The submission of a question of issuing bonds as herein provided shall not prevent or prohibit the submission of the same or a similar question at a subsequent election called for that purpose pursuant to the provisions of this act or as otherwise authorized by law.

      Sec. 5.  1.  Any bonds issued for the Building Project or the Site Project (herein sometimes designated as “bonds”) shall be sold at public sale in accordance with NRS 350.120 to 350.160, inclusive, or at private sale, as the Board or the Council ordering their issuance (herein sometimes designated as “Governing Body”) may determine, for not less than the principal amount thereof and accrued interest thereon, or, at the option of the Governing Body, below par at a discount not exceeding 6 percent of the principal amount thereof and at a price which will not result in a net interest rate to the County or the City issuing the bonds (herein sometimes designated as “Municipality”) of more than 6 percent per annum computed to maturity according to standard tables of bond values including as a part of such rate the amount of discount permitted by the Governing Body on the sale of the bonds.

      2.  No discount (except as herein otherwise provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.

      3.  The Governing Body may employ legal, fiscal, engineering and other expert services in connection with the Project or any part thereof and the authorization, issuance and sale of the bonds.

      4.  Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Building Project or the Site Project for which the bonds are issued, which cost, at the option of the Governing Body, may include all or any part of the incidental costs appertaining to such Project, including without limiting the generality of the foregoing, preliminary expenses advanced by the Municipality from funds available for use therefore in the making of surveys, preliminary plans, estimates of cost, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with any bond election, any bond sale, or otherwise appertaining to such Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation or otherwise, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the Governing Body. Bond proceeds may also be used to repay any emergency or temporary loan incurred by the Municipality issuing the bonds to defray temporarily all or any part of the cost of the project for which the bonds are issued.

 


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ê1965 Statutes of Nevada, Page 206 (Chapter 116, AB 298)ê

 

      5.  Any unexpended balance of bond proceeds remaining after the completion of the project for which bonds are issued shall be paid immediately into a fund created for the payment of the principal of and interest on the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and in the proceedings authorizing their issuance.

      6.  The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the Project or any part thereof.

      7.  The purchaser or purchasers of any bonds shall in no manner be responsible for the application of the proceeds of the bonds by the County, the City, the Board, the Council, or any of the officers, agents and employees of the County or of the City.

      8.  No bonds hereby authorized shall be delivered after the expiration of 5 years from the effective date of this act.

      Sec. 6.  The bonds may be issued at one time or from time to time in one series or more. Each series of bonds shall be authorized by ordinance of the Municipality issuing them.

      Sec. 7.  Any ordinance may provide that each bond therein authorized shall recite that it is issued under authority hereof. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.

      Sec. 8.  1.  The bonds of any series hereunder shall:

      (a) Be of convenient denominations;

      (b) Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment;

      (c) Mature serially in regular numerical order at annual or other designated intervals, in not exceeding 20 years from the date of the bonds, and commencing not later than 3 years therefrom, in equal amounts of principal, upon an amortization plan, or in any other manner the Governing Body may determine;

      (d) 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 appertaining to any bond may represent, or the first interest payment date may be for, interest accruing for any period not in excess of one year;

      (e) Have interest coupons attached in such manner or otherwise appertain to the bonds so that the coupons can be presented for payment of the installments of interest without injury to or presentation of the bonds (unless the bonds be registered for payment as to both principal and interest and there thus be no coupons), each of which coupons shall be consecutively numbered and shall bear the number of the bond to which it appertains;

      (f) Be made payable in lawful money of the United States of America, at such place or places within or without or both within and without the State, as may be provided by the Governing Body; and

      (g) Be printed at such place within or without the State, as the Governing Body may determine.

      2.  Any ordinance authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, not exceeding 6 percent of the principal amount of each bond so redeemed, as the Governing Body may determine and state in the ordinance.

 


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ê1965 Statutes of Nevada, Page 207 (Chapter 116, AB 298)ê

 

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, not exceeding 6 percent of the principal amount of each bond so redeemed, as the Governing Body may determine and state in the ordinance.

      3.  Bonds may be issued with privileges for registration for payment as to principal alone, or both principal and interest, at any bondholder’s option, or for registration for payment only in either manner designated; and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon or for reconverting the bonds into coupon bonds, or both for such endorsement and such reconversion.

      4.  The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the Governing Body in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.

      5.  Pending preparations of the definitive bonds, temporary bonds in such form and with such provisions as the Governing Body may determine may be issued.

      6.  Subject to the payment provisions herein expressly provided, the bonds, any interest coupons appertaining thereto, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.

      7.  Notwithstanding any other provision of law, the Governing Body in any proceedings authorizing bonds hereunder:

      (a) May provide for the initial issuance of one or more bonds (in this subsection 7 called “bond”) aggregating the amount of the entire issue or any portion thereof;

      (b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable, and for the endorsing of payments of principal on such bond;

      (c) May provide for the making of any such bond payable to bearer or otherwise, registrable for payment as elsewhere provided herein, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond; and

      (d) May make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds, or bonds registered for payment, or coupon bonds with provisions for registration for payment.

      8.  In case any outstanding bond shall become mutilated, or be destroyed, stolen or lost, the Municipality issuing it may authenticate and deliver a new bond (with appropriate coupons attached unless registered for payment as to interest) of like tenor, number and amount as the bond and appurtenant coupons, if any, so mutilated, destroyed, stolen or lost:

      (a) In exchange and substitution for such mutilated bond and appurtenant coupons, if any, or

 


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ê1965 Statutes of Nevada, Page 208 (Chapter 116, AB 298)ê

 

      (b) In lieu of and substitution for the bond and appurtenant coupons, if any, destroyed, stolen or lost:

             (1) Upon filing with the Municipality evidence satisfactory to the Governing Body that such bond and appurtenant coupons, if any, have been destroyed, stolen or lost, and proof of ownership thereof, and

             (2) Upon furnishing the Municipality with indemnity satisfactory to the Governing Body,

upon complying with such reasonable regulations as the Governing Body may prescribe, and upon the payment of such expenses as the Municipality may incur in connection therewith.

      9.  Each Municipality may also reissue any outstanding bond (upon such terms and conditions as the Governing Body and the holder thereof, or, if registered for payment to other than bearer, the registered owner thereof, may determine) which shall not have become mutilated, destroyed, stolen or lost, regardless of whether so provided in any proceedings authorizing its issuance.

      10.  Any bond issued by the County shall be executed in the name of and on behalf of the County, signed by the chairman of the Board, countersigned by the county treasurer, with the seal of the County affixed thereto, and attested by the county clerk.

      11.  Any interest coupons appertaining to any County bond shall be payable to bearer and shall bear the original or facsimile signature of the county treasurer.

      12.  Any bond issued by the City shall be executed in the name of and on behalf of the City, signed by the mayor of the City, with the seal of the City affixed thereto, and attested by the city clerk.

      13.  Any interest coupons appertaining to any City bond shall be payable to bearer and shall bear the original or facsimile signature of the city clerk.

      14.  Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)

      15.  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 Municipality issuing them, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.

      16.  Any officer authorized or permitted to sign any bond or coupons, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons appertaining thereto, or upon both the bond and such coupons.

      Sec. 9.  Bonds issued hereunder shall be a debt of the Municipality issuing them, and the Municipality shall thereby pledge its full faith and credit for their payment.

      Sec. 10.  1.  The bonds authorized to be issued under the provisions hereof shall be payable from general (ad valorem) taxes levied against all of the taxable property in the Municipality issuing them, including the net proceeds of mines.

 


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ê1965 Statutes of Nevada, Page 209 (Chapter 116, AB 298)ê

 

all of the taxable property in the Municipality issuing them, including the net proceeds of mines.

      2.  Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the State, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, after making due allowances for probable delinquencies, to be levied on all such taxable property within the boundaries of the Municipality issuing the bonds, without limitation as to rate or amount (except for the designated constitutional limitation now or hereafter existing) and without regard to any statutory limitation now or hereafter existing.

      3.  It shall be the duty of the Governing Body ordering the issuance of bonds and of any other body as may be charged with the duty of levying taxes in the Municipality issuing the bonds, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as the same become due.

      4.  In case the moneys produced from such levies, together with any other revenues of the Municipality available therefor, are not sufficient to pay the principal of and interest on the bonds as the same become due, and to pay any defaults and deficiencies, the Governing Body shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be made and continue to be levied until the bonds (as well as any other bonded debt of the Municipality) are fully paid.

      5.  Any such tax levy shall enjoy the same priority as provided by NRS 350.250 for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the State.

      6.  The Municipality may pay the principal of and interest on any bonds from any available revenues, and the levy or levies of general (ad valorem) taxes herein provided may be diminished to the extent such other revenues are available for the payment of such principal and interest.

      Sec. 11.  1.  Before the Governing Body shall cause to be delivered bonds hereunder, all such bonds shall be registered by the municipal treasurer in a book kept in his office for that purpose.

      2.  The register shall show:

      (a) The amount of the bonds;

      (b) The time of payment; and

      (c) The rate or rates of interest which the bonds bear.

      3.  After registration by the treasurer of the Municipality issuing bonds, he shall cause the bonds to be delivered to the purchaser or purchasers thereof from the Municipality, upon payment being made therefor on the terms of the sale or sales.

      Sec. 12.  Whenever the treasurer of the County shall redeem and pay any of the bonds of the County issued under the provisions of this act, he shall cancel the same by writing across the face thereof or by stamping thereon the word “Paid,” together with the date of its payment, sign his name thereto, and transmit the same to the county auditor, taking his receipt therefor, which receipt shall subsequently be filed with the county clerk’s records.

 


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ê1965 Statutes of Nevada, Page 210 (Chapter 116, AB 298)ê

 

auditor, taking his receipt therefor, which receipt shall subsequently be filed with the county clerk’s records. The county auditor shall credit the county treasurer on his books for the amount so paid.

      Sec. 13.  Whenever the treasurer of the City shall redeem and pay any of the bonds of the City issued under the provisions of this act, he shall cancel the same by writing across the face thereof or by stamping thereon the word “Paid,” together with the date of its payment, sign his name thereto, and transmit the same to the city clerk, taking his receipt therefor, which receipt shall subsequently be filed with his records. The city clerk shall credit the city treasurer on his books for the amount so paid.

      Sec. 14.  No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal and the interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.

      Sec. 15.  Bonds issued hereunder, their transfer and the income therefrom shall forever be and remain free and exempt from taxation by the State and any subdivision thereof.

      Sec. 16.  It shall be legal for the State and any of its agencies, departments, instrumentalities, corporations or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds. The bonds shall be authorized security for all public deposits. Nothing contained in this section with regard to legal investments shall be construed as relieving the State, any representative of the State, any other public body, corporation, or other person of any duty of exercising reasonable care in selecting securities.

      Sec. 17.  1.  Subject to any contractual provisions between the City and County, the City and the County hereby are jointly and severably authorized and empowered:

      (a) To operate and maintain the Facility upon the completion of the Project;

      (b) To extend, better, alter, reconstruct, repair and otherwise improve the Facility;

      (c) To equip and re-equip the Facility;

      (d) To sell, lease, exchange, transfer, assign or otherwise dispose of property appertaining to the Facility which no longer is necessary or desirable for use in connection therewith;

      (e) To insure or provide for public liability insurance, property damage insurance and other insurance for the Facility, or any part thereof, or any activity in connection therewith, against such risks and hazards as either or both the City and County may deem advisable;

      (f) To receive, control, invest and order the expenditure of any and all moneys and funds pertaining to the Facility;

      (g) To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with, the Facility, and to assign, reassign and transfer any personnel of a Municipality for the performance of duties in connection with the Facility;

 

 


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ê1965 Statutes of Nevada, Page 211 (Chapter 116, AB 298)ê

 

agency, public or private, of services, privileges, works or facilities for, or in connection with, the Facility, and to assign, reassign and transfer any personnel of a Municipality for the performance of duties in connection with the Facility;

      (h) To make available for temporary use or otherwise dispose of any machinery, equipment, facilities and other property for the Facility;

      (i) To fix and levy, and from time to time increase and decrease, rates, tolls and charges for concessions, commodities, services or facilities furnished by, through or in connection with the Facility;

      (j) To make and keep records in connection with the Facility;

      (k) To arbitrate any differences arising in connection with the Facility;

      (l) To commence, defend, conduct, terminate by settlement or otherwise, and otherwise participate in any litigation or other court, judicial or quasi-judicial action, either at law or in equity, by suit, action, mandamus or other proceedings, concerning the Facility;

      (m) To use for or in connection with the Facility moneys, land and other real and personal property legally available therefor of a Municipality, nor originally acquired therefor;

      (n) To levy and collect from year to year for use for or in connection with the Facility general (ad valorem) property taxes in the manner provided by law, including but not necessarily limited to the payment of indebtedness incurred therefor;

      (o) To use for or in connection with any project the proceeds of any tolls, rates, charges, fees, license taxes, other excise taxes or quasi-excise taxes legally available therefor which the Municipality is empowered to fix, levy and collect;

      (p) To budget and appropriate, and each Municipality is hereby required and directed to budget and appropriate, from time to time, general (ad valorem) tax proceeds, service charges and other revenues legally available therefor to pay all obligations arising from the exercise of any powers herein granted as such obligations shall accrue and become due;

      (q) To make contracts and execute all instruments necessary or convenient; including but not limited to contracts with the federal government and the State;

      (r) To acquire any construction work, improvement or improvements of any nature in connection with the Facility in the manner provided by law;

      (s) To refund any bonds without any election pursuant to NRS 350.241 to 350.247, inclusive, as from time to time amended;

      (t) To prescribe and enforce reasonable rules and regulations for the availability of service from and the use of the Facility;

      (u) To provide for an agency, by any agreement herein authorized, to administer or execute that or any collateral agreement, which agency may be one of the parties to the agreement, or a commission or board constituted pursuant to the agreement;

      (v) To provide any such agency shall possess the common power specified in the agreement, and may exercise it in the manner or according to the method provided in the agreement. Such power is subject to the restrictions upon the manner of exercising the power of any one of the contracting parties, which party shall be designated by the agreement;

 

 


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ê1965 Statutes of Nevada, Page 212 (Chapter 116, AB 298)ê

 

of any one of the contracting parties, which party shall be designated by the agreement;

      (w) To continue any agreement herein authorized for a definite term not exceeding 50 years, or until rescinded or terminated, which agreement may provide for the method by which it may be rescinded or terminated by any party;

      (x) To exercise all or any part or combination of the powers herein granted; and

      (y) To do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of this act; and to have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this act. Such specific powers shall not be considered as a limitation upon any power necessary, convenient, desirable or appropriate to carry out the purposes and intent of this act;

      2.  The County and the City may from time to time enter into agreements, short-term and long-term, and not exceeding 50 years, with each other concerning the Facility, including but not necessarily limited to agreements concerning any power granted to either or both by this act, the exercise of such powers, and conditions and limitations thereupon, and including by way of example and not by limitation, a contract allocating a portion of the Facilities to the exclusive use and control of any party thereto, a contract concerning the construction and equipment of the joint city-county building, the plans and specifications therefor, and the work and materials incidental thereto, including the acquisition or improvement of the site therefor, or both, a contract for the ownership, care, custody, control, improvement, operation and maintenance of the Facility after its acquisition and for defraying expenses incurred therefor, a contract concerning the appointment of personnel therefor or providing for rules, regulations and orders for the use by the public, and charges, in any, therefor, a contract for the allocation between the County and City of the total utilization of the Facility, the method of effecting such allocation, and delineating the rights, if any, of leasing any space in the Facility and its facilities, and the manner in which any real property, equipment, other personal property shall be disposed of during or at the end of any contract term in the absence of subsequent agreement thereabout, a contract concerning the maintenance of records of and for the Facility, the termination of the joint operation and maintenance of the Facility, and other legal, financial and administrative arrangements to effect the joint operation and maintenance of the Facility and its disposal in an orderly and equitable manner.

      Sec. 18.  All of the powers, privileges, immunities and rights, exemptions from laws, ordinances and rules, all pension, relief, disability, workmen’s compensation and other benefits which apply to the activity of officers, agents or employees of the Municipality employing them when performing their respective functions within the territorial limits of the Municipality shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties, extraterritorially or otherwise, pursuant to any contract made hereunder or otherwise, in connection with the Facility and any activity appertaining thereto.

 


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

ê1965 Statutes of Nevada, Page 213 (Chapter 116, AB 298)ê

 

made hereunder or otherwise, in connection with the Facility and any activity appertaining thereto.

      Sec. 19.  The exercise of any power herein authorized upon behalf of either Municipality by its Governing Body has been determined, and is hereby declared, to effect a public purpose; and the Project, as herein authorized, shall effect a public purpose.

      Sec. 20.  This act being necessary to secure and preserve the public health, safety, convenience and welfare, shall be liberally construed to effect its purpose.

      Sec. 21.  1.  This act, without reference to other statutes of the State, except as herein otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted concerning the borrowing of money to finance the Project wholly or in part and the issuance of bonds or other securities to evidence such loans.

      2.  No other act or law with regard to the authorization or issuance of securities or the exercise of any other power herein granted that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.

      3.  The provisions of no other law, either general, special or local, except as provided herein, shall apply to the doing of the things herein authorized to be done; and no public body, other than each Municipality acting by and through its Governing Body, shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done.

      4.  The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law.

      5.  Nothing contained in this act shall be construed as preventing the exercise of any power granted to a Municipality, acting by and through its Governing Body, or any officer, agent or employee of the Municipality, by any other law.

      6.  No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.

      Sec. 22.  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 provisions shall not affect any of the remaining provisions of this act.

      Sec. 23.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1965 Statutes of Nevada, Page 214ê

 

CHAPTER 117, AB 301

Assembly Bill No. 301–Clark County Delegation

CHAPTER 117

AN ACT to amend NRS sections 396.010 and 396.540, relating to the University of Nevada, by changing the name of the regional branch of the University of Nevada in Clark County, Nevada, from “Nevada Southern” to “Nevada Southern University”; and providing other matters properly relating thereto.

 

[Approved March 5, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 396.010 is hereby amended to read as follows:

      396.010  1.  The seat of the state university, as described in section 4 of article XI of the constitution of the State of Nevada, is hereby located at the City of Reno, Washoe County, State of Nevada.

      2.  A regional branch of the University of Nevada is authorized in Clark County, Nevada, which branch shall be called Nevada Southern [.] University.

      3.  Extension instruction on the collegiate level, research and service activities may be conducted throughout the state.

      Sec. 2.  NRS 396.540 is hereby amended to read as follows:

      396.540  1.  For the purposes of this section:

      (a) “Bona fide resident” shall be construed in accordance with the provisions of NRS 10.020. The qualification “bona fide” is intended to assure that the residence is genuine and established for purposes other than the avoidance of tuition.

      (b) “Tuition charge” means a charge assessed against students who are not residents of Nevada and which is in addition to registration fees or other fees assessed against students who are residents of Nevada.

      2.  The board of regents of the University of Nevada may fix a tuition charge for students at the university and at Nevada Southern [,] University, but tuition shall be free to:

      (a) All students whose families are bona fide residents of the State of Nevada; and

      (b) All students whose families reside outside of the State of Nevada, providing such students have themselves been bona fide residents of the State of Nevada for at least 6 months prior to their matriculation at the university; and

      (c) All public school teachers who are employed full time by school districts in the State of Nevada; and

      (d) All full-time teachers in private schools in the State of Nevada whose curricula meet the requirements of NRS 394.130.

      3.  In its discretion, the board of regents may grant tuitions free each university semester to worthwhile and deserving students from other states and foreign countries, in number not to exceed a number equal to 3 percent of the total matriculated enrollment of students for the last preceding fall semester.

      Sec. 3.  References made in any statute or resolution enacted or adopted in 1957 or thereafter (including legislation enacted by the 53rd session of the legislature of the State of Nevada) to “Nevada Southern,” the regional branch of the University of Nevada in Clark County, Nevada, shall be deemed and construed to refer to “Nevada Southern University.”

 

 


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

ê1965 Statutes of Nevada, Page 215 (Chapter 117, AB 301)ê

 

Southern,” the regional branch of the University of Nevada in Clark County, Nevada, shall be deemed and construed to refer to “Nevada Southern University.”

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

 

________

 

 

CHAPTER 118, AB 341

Assembly Bill No. 341–Mr. Alleman

CHAPTER 118

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 March 5, 1965]

 

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

do enact as follows:

 

      Section 1.  Section 31.1 of chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as added by chapter 374, Statutes of Nevada 1955, at page 626, is hereby amended to read as follows:

      Section 31.1  The municipal court shall have jurisdiction to impose a fine in any sum not to exceed $500 or to impose a term of imprisonment not to exceed 6 months, or both fine and imprisonment, and in addition thereto adjudge such punishment that may be provided as a penalty by statute for the same or similar offense against the statutes of the State of Nevada. If a sentence of imprisonment is imposed, the municipal judge may order intermittent periods of incarceration so long as the entire sentence will be completed within 6 months from the date of sentence. The periods of incarceration may be varied from time to time with consent of the defendant, but the total time of incarceration may not be increased.

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

 

________

 

 


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

ê1965 Statutes of Nevada, Page 216ê

 

CHAPTER 119, SB 135

Senate Bill No. 135–Senator Dial

CHAPTER 119

AN ACT to repeal NRS section 78.100, requiring private corporations to have and maintain signs on their principal offices; and to amend NRS section 78.010, containing definitions governing chapter 78 of NRS relating to private corporations, by deleting reference to the repealed section.

 

[Approved March 13, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 78.100 is hereby repealed.

      Sec. 2.  NRS 78.010 is hereby amended to read as follows:

      78.010  1.  As used in this chapter:

      (a) “Articles of incorporation” and “certificate of incorporation” shall be construed as synonymous terms and unless the context shall otherwise require, shall include all certificates filed pursuant to NRS 78.030, 78.195, 78.207, 78.380, 78.385, 78.390, and 78.410 to 78.445, inclusive, and any agreement of consolidation or merger filed pursuant to NRS 78.450 to 78.490, inclusive.

      (b) “Directors” and “trustees” shall be construed as synonymous terms.

      (c) “Principal office,” “principal place of business,” and “principal office in this state,” shall be construed as synonymous terms and as referring to the office maintained in this state as required by NRS 78.090. [and 78.100.]

      (d) “Receiver” shall be construed to include receivers and trustees appointed as provided in this chapter.

      (e) The singular number shall include the plural, and the plural shall include the singular.

      2.  General terms and powers given in this chapter shall not be restricted by the use of special terms, or be held to be restricted by any grant of special powers contained in this chapter.

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

 

________

 

 


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

ê1965 Statutes of Nevada, Page 217ê

 

CHAPTER 120, AB 53

Assembly Bill No. 53–Committee on Fish and Game

CHAPTER 120

AN ACT to amend chapter 501 of NRS, relating to fish and game administration, by adding new sections providing for bonding of employees of the fish and game commission, creating a petty cash fund, and creating a change fund; to amend NRS section 502.040, relating to fish and game license agents, by eliminating the prohibition against commingling of license funds by an agent and providing for prior lien of the state upon all assets of an agent for the amount of license funds due; and providing other matters properly relating thereto.

 

[Approved March 13, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 501 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

      Sec. 2.  The commission may require any officer or employee of the commission to furnish a surety bond at the expense of the commission in the amount and form approved by the commission in accordance with the provisions of chapter 282 of NRS. Any bond required under this section shall be issued by a surety company and shall not be issued under the provisions of NRS 282.230 to 282.350, inclusive.

      Sec. 3.  A petty cash fund in the amount of $50 for the payment of minor expenses of the commission is hereby created. Such fund shall be kept in the custody of an employee designated by the commission and shall be replenished periodically from the fish and game fund upon approval of expenditures as required by NRS 501.170 and submission of vouchers or other documents to indicate payment as may be prescribed by the commission.

      Sec. 4.  A change fund in the amount of $200 is hereby created. Such fund shall be kept in the custody of an employee designated by the commission and shall be used for the making of change incidental to the business of the commission.

      Sec. 5.  NRS 502.040 is hereby amended to read as follows:

      502.040  1.  The commission shall provide rules and regulations regarding the number of license agents to be designated in any locality, the standards to be met by license agents, the manner of remitting funds to the commission, and the manner of accounting for licenses received, issued, sold or returned.

      2.  A license agent designated by the commission shall be responsible for the correct issuance of all licenses entrusted to him, and, so far as he is able to determine, that no licenses shall be issued upon the false statement of an applicant. Prior to issuing any license the license agent shall satisfy himself of the identity of the applicant and the place of his residence, and shall require of all applicants exhibition to him of proof of their identity and residence.

      3.  License agents shall be required to furnish bond to the commission for the proper performance of their duties in such amounts as may be determined by the commission. Premiums for such bonds shall be paid from the fish and game fund.

      4.  At the time that license agents forward moneys collected to the commission they may retain the amount set by the commission for the sale of such licenses, which amount shall not exceed 5 percent of the funds collected nor more than 25 cents per license in any instance.

 


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

ê1965 Statutes of Nevada, Page 218 (Chapter 120, AB 53)ê

 

commission they may retain the amount set by the commission for the sale of such licenses, which amount shall not exceed 5 percent of the funds collected nor more than 25 cents per license in any instance.

      5.  A license agent is responsible to the commission for the collection of the correct and required fee, for the safeguarding of the moneys collected by him, and for the prompt remission to the commission for deposit in the state treasury of all moneys collected. The commission shall furnish to the license agent receipts for licenses or moneys returned to the commission, and shall require of the license agent that he deliver the commission receipt for any license received.

      6.  All moneys collected by a license agent shall be deemed to be public moneys of the State of Nevada and [shall not be commingled with personal, private or business funds, but shall at all times be maintained distinct and separate from any such funds. The] the state shall have a prior claim for the amount of license moneys due it upon [these moneys] all assets of the agent over all creditors, assignees or other claimants. [Commingling of these funds with private or business assets, or the] The use of these [funds] moneys for private or business transactions, shall be deemed to be a misuse of public funds and punishable under the laws provided.

 

________

 

 


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

ê1965 Statutes of Nevada, Page 219ê

 

CHAPTER 121, AB 73

Assembly Bill No. 73–Messrs. Knisley, Pozzi, Bunker, Bastian, Mrs. Frazzini, Messrs. Bailey, Wood, Kean, Johnson, Mello, Valentine, Swobe and Harris

CHAPTER 121

AN ACT to amend an act entitled “An Act relating to the development of state parks and outdoor recreation; to amend chapter 407 of NRS, relating to state parks and monuments, by adding a new section requiring the state department of conservation and natural resources to prepare and maintain a comprehensive statewide outdoor recreation plan and authorizing the department to represent and act for the state in dealing with the Federal Government for the purposes of receiving financial assistance for planning, acquisition or development of outdoor recreation projects; authorizing the department, with the consent of the governor, to acquire by purchase, condemnation proceedings and other methods real and personal property and title to or interests in real and personal property in certain described areas of Washoe and Ormsby Counties, Nevada, and in other counties of the state, which the department deems necessary and proper for the extension, improvement or development of the state park system; providing for certain conditions precedent to acquisition and to the commencement of condemnation proceedings and imposing duties on the director of the state department of conservation and natural resources; creating the state parks and outdoor recreation acquisition and development fund in the state treasury, providing for uses and sources of the fund and making an appropriation thereto; to repeal chapter 491, Statutes of Nevada 1963, entitled ‘An Act to amend chapter 407 of NRS, relating to state parks and monuments, by adding a new section creating the state parks land acquisition fund in the state treasury for the purposes of negotiation for the purchase of real property on and near Lake Tahoe in the State of Nevada for state park purposes, the acquisition of options to purchase and the procurement of appraisals of the value of such real property; delegating powers and duties to the director of the state department of conservation and natural resources after approval by the governor; limiting the use of the state parks land acquisition fund and making an appropriation therefor; and providing other matters properly relating thereto,’ approved April 26, 1963; and providing other matters properly relating thereto,” approved February 5, 1964.

 

[Approved March 13, 1965]

 

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

do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being chapter 11, Statutes of Nevada 1964, at page 26, is hereby amended to read as follows:

      Sec. 2.  1.  Notwithstanding the provisions of any other statute, and subject to the limitations contained in this act, the state department of conservation and natural resources, with the consent of the governor, may acquire real and personal property by exchange, lease, gift, grant, devise, purchase or by one or more condemnation proceedings brought in the name of the State of Nevada, and title to or any interest in real and personal property lying within the following described areas of Washoe and Ormsby Counties, Nevada, which the department deems necessary and proper for the extension, improvement or development of the state park system:

 


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

ê1965 Statutes of Nevada, Page 220 (Chapter 121, AB 73)ê

 

[T. 16 N., R. 18 E.

Sec. 25, all;

Sec. 26, NE 1/4, E 1/2 SE 1/4, Lots 2, 3, 4, 5;

Sec. 35, E 1/2 E 1/2, Lots 1, 2, 3, 4;

Sec. 36, all.

T. 16 N., R. 19 E.

Sec. 19, E 1/2, E 1/2 W 1/2;

Sec. 20, all;

Sec. 28, SW 1/4, S 1/2 NW 1/4, NW 1/4 NW 1/4;

Sec. 29, all;

Sec. 30, all.

T. 15 N., R. 18 E.

Sec. 1, N 1/2 NE 1/4;

Sec. 2, NE 1/4, Lots 1, 2, 3;

Sec. 12, NW 1/4 SW 1/4;

Sec. 14, Washoe County, all;

Sec. 14, Ormsby County, all lying westerly State Route 28;

Sec. 22, SE 1/4;

Sec. 23, all lying westerly State Route 28;

Sec. 26, all lying westerly State Route 28;

Sec. 27, E 1/2 E 1/2, Lots 1, 2, 3, 4, 5;

Sec. 33, Ormsby County, all of Lot 1 of SE 1/4;

Sec. 34, Ormsby County, all;

Sec. 35, Ormsby County, all lying westerly State Route 28.

T. 15 N., R. 19 E.

Sec. 4, N 1/2;

Sec. 5, N 1/2 NE 1/4, W 1/2;

Sec. 6, E 1/2, NW 1/4, NE 1/4 SW 1/4;

Sec. 7, N 1/2 NW 1/4, SE 1/4 NW 1/4.]

T. 16 N., R. 18 E.

Sec. 25, all;

Sec. 26, NE 1/4, E 1/2 SE 1/4, Lot 2 of NW 1/4, Lot 3 of SW 1/4, Lots 4 and 5 of SE 1/4;

Sec. 35, E 1/2 E 1/2, Lots 1 and 2 of NE 1/4, Lots 3 and 4 of SE 1/4;

Sec. 36, all.

T. 16 N., R. 19 E.

Sec. 19, E 1/2, Lot No. 1 of NW 1/4, Lot No. 1 of SW 1/4;

Sec. 20, all;

Sec. 28, SW 1/4, S 1/2 NW 1/4, NW 1/4 NW 1/4;

Sec. 29, all;

Sec. 30, E 1/2, Lots No. 1 and No. 2 of NW 1/4, Lots No. 1 and No. 2 of SW 1/4.

T. 15 N., R. 18 E.

Sec. 1, Lot No. 2 of NE 1/4;

Sec. 2, Lots No. 1 and No. 2 of NE 1/4, Lots 1, 2, 3 of NW 1/4, SE 1/4, Lots 4 and 5 of SW 1/4;

Sec. 12, NW 1/4 SW 1/4;

Sec. 13, SW 1/4 SE 1/4, SW 1/4;

Sec. 14, SE 1/4, E 1/2 SW 1/4, Lots 3 and 4 of SW 1/4, E 1/2 NE 1/4;

Sec. 22, all of fractional SE 1/4;

 


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

ê1965 Statutes of Nevada, Page 221 (Chapter 121, AB 73)ê

 

Sec. 23, all of fractional section;

Sec. 24, all;

Sec. 25, all;

Sec. 26, all;

Sec. 27, all of fractional section;

Sec. 33, Ormsby County, all of Lot 1 of SE 1/4;

Sec. 34, Ormsby County, all of fractional section;

Sec. 35, Ormsby County, all;

Sec. 36, Ormsby County, all.

T. 15 N., R. 19 E.

Sec. 4, Lots No. 1 and No. 2 of NE 1/4, Lots No. 1 and No. 2 of NW 1/4;

Sec. 5, Lot No. 2 of NE 1/4, Lots No. 1 and No. 2 of NW 1/4, SW 1/4;

Sec. 6, Lots No. 1 and No. 2 of NE 1/4, SE 1/4, Lots No. 1 and No. 2 of NW 1/4, N 1/2 of Lot No. 1 of SW 1/4;

Sec. 7, N 1/2 of Lot No. 2 of NW 1/4, Lot No. 1 of NW 1/4;

Sec. 19, Lots No. 1 and No. 2 of SW 1/4;

Sec. 30, Lot No. 2 of NW 1/4.

 

      All range references are to the Mount Diablo Base and Meridian.

      2.  The state department of conservation and natural resources shall not acquire any real or personal property lying within the areas of Washoe and Ormsby Counties, Nevada, described in subsection 1, by exchange, lease, purchase or by condemnation proceedings unless a portion of such real or personal property is contiguous to property owned or leased by the State of Nevada.

      3.  Before acquiring any real or personal property by exchange, lease or purchase, or before commencing a condemnation proceeding for acquisition, the state department of conservation and natural resources shall cause an appraisal to be made by three qualified, disinterested appraisers, at least two of whom shall be members of the American Institute of Real Estate Appraisers, to determine the fair market value of such real or personal property. The department may acquire such real or personal property by exchange, lease or purchase for a price in excess of the fair market value so determined only after the state board of examiners finds, after conducting a public hearing, that such property is an integral part of and essential to the extension, improvement or development of the state park system and that such acquisition is in the best interest of the state. Notice of the public hearing shall be given by one publication in a newspaper printed in and having a general circulation in the county in which the property proposed to be acquired is located at least 20 days prior to the date set for the public hearing and shall contain:

      (a) The legal description of the property to be acquired;

      (b) The amount of the fair market value;

      (c) The price the department proposes to pay for such property; and

      (d) The date, time and place of the public hearing.

      4.  Proceedings for the condemnation of any real or personal property or any interest therein shall be taken under the provisions of chapter 37 of NRS relating to eminent domain, but no such proceedings shall be commenced by the state department of conservation and natural resources after January 1, 1969.

 


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

ê1965 Statutes of Nevada, Page 222 (Chapter 121, AB 73)ê

 

chapter 37 of NRS relating to eminent domain, but no such proceedings shall be commenced by the state department of conservation and natural resources after January 1, 1969. Nothing herein contained shall be construed to affect any such proceedings which are pending on January 1, 1969. The department shall not commence any such proceedings unless:

      (a) The provisions of subsection 3 relating to appraisals have been complied with;

      (b) There is in the state parks and outdoor recreation acquisition and development fund an unencumbered balance which together with funds firmly committed for this purpose from competent private sources and from the Federal Land and Water Conservation Fund Act of 1964, Public Law 88-578 (78 Stat. 897), is equal to at least 120 percent of the fair market value of the property to be condemned as established by the required appraisal; and

      (c) The director of the state department of conservation and natural resources has issued a declaration declaring that public interest and necessity require acquisition by the State of Nevada of the property or interest therein, described in the declaration, and that such acquisition is necessary and proper for the extension, improvement or development of the state park system.

      5.  The declaration of the director of the state department of conservation and natural resources shall be prima facie evidence:

      (a) Of the public necessity of such proposed acquisition.

      (b) That such real or personal property or interest therein is necessary therefor.

      (c) That such proposed acquisition is planned or located in a manner which will be most compatible with the greatest public good and the least private injury.

      6.  Nothing in this section shall be construed to limit the department in the exercise of the power of eminent domain herein granted to but one condemnation proceeding, it being the intention of the legislature that one or more such proceedings may, if necessary, be instituted for the acquisition of title to or any interest in real and personal property.

      7.  All legal actions in all courts brought under the provisions of this section to enforce the power of eminent domain shall take precedence over all other causes and actions not involving the public interest, to the end that all such actions, hearings and trials thereon shall be quickly heard and determined.

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

 

________

 

 


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

ê1965 Statutes of Nevada, Page 223ê

 

CHAPTER 122, AB 308

Assembly Bill No. 308–Mr. Close

CHAPTER 122

AN ACT to amend NRS section 173.260, relating to charging of two or more offenses or counts in the same indictment or information, by providing that a guilty plea to one offense does not preclude prosecution for others, that a defendant may be convicted of more than one offense, and that the court may order separate trial of offenses or counts; and providing other matters properly relating thereto.

 

[Approved March 13, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 173.260 is hereby amended to read as follows:

      173.260  1.  The indictment or information may charge different offenses or different statements of the same offenses, under separate counts, but they must all relate to the same act, transaction or event, and charges of offenses occurring at different and distinct times and places must not be joined.

      2.  The prosecution is not required to elect between the different offenses or counts set forth in the indictment or information [, but the defendant may be convicted of but one of the offenses charged, and the same must be stated in the verdict.] and a plea of guilty to one or more offenses charged in the indictment or information does not preclude prosecution for the other offenses. The defendant may be convicted of any number of offenses charged, but each offense of which the defendant is convicted must be stated in the verdict or the finding of the court.

      3.  Notwithstanding the provisions of subsection 2, the court in which a case is triable, in the interests of justice and for good cause shown, may in its discretion order that the different offenses or counts set forth in the accusatory pleading be tried separately or divided into two or more groups and each of such groups tried separately. An acquittal of one or more offenses shall not be an acquittal of any other offense.

 

________

 

 

CHAPTER 123, SB 117

Senate Bill No. 117–Senator Bissett

CHAPTER 123

AN ACT to amend NRS section 380.020, relating to boards of law library trustees, by increasing the maximum number.

 

[Approved March 16, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 380.020 is hereby amended to read as follows:

      380.020  1.  Any law library established by ordinance under the provisions of this chapter shall be governed and managed by a board of law library trustees.

 


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

ê1965 Statutes of Nevada, Page 224 (Chapter 123, SB 117)ê

 

      2.  A board of law library trustees shall consist of not less than five nor more than seven members. The district judge or judges of the judicial district in which the county is situated shall be ex officio trustees, and the board of county commissioners shall appoint a sufficient number of trustees to complete the board [of five] from members of the bar of the county.

      3.  Appointive members of the board shall be appointed by the board of county commissioners at the first meeting of the board of county commissioners in each January, and shall serve for terms of 1 year.

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

 

________

 

 

CHAPTER 124, SB 125

Senate Bill No. 125–Committee on Finance

CHAPTER 124

AN ACT to amend NRS section 333.460, relating to payment for supplies, material and equipment from the revolving fund of the purchasing division of the department of administration, by providing that each state officer or agency shall make or authorize payment to the purchasing division of the department of administration; and providing other matters properly relating thereto.

 

[Approved March 16, 1965]

 

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

do enact as follows:

 

      Section 1.  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 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 purchasing division, and such warrant shall be deposited by the chief in the state treasury to the credit of the revolving fund provided for in NRS 333.120.] shall make or authorize payment to be made to the purchasing division. All payments shall be deposited in the state treasury or transferred to the credit of the revolving fund provided for in NRS 333.120.

 

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ê1965 Statutes of Nevada, Page 225ê

 

CHAPTER 125, SB 126

Senate Bill No. 126–Committee on Finance

CHAPTER 125

AN ACT to amend NRS section 333.390, relating to local purchasing by the chief of the purchasing division of the department of administration, by allowing purchases up to a certain limit for repair and replacement parts for heavy equipment; and providing other matters properly relating thereto.

 

[Approved March 16, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 333.390 is hereby amended to read as follows:

      333.390  1.  The 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, except for repair and replacement parts for heavy equipment not to exceed $1,500 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 [.] except for repair and replacement parts referred to in subsection 1.

      (c) Specify the articles to be purchased.

      (d) Be operative for a period not exceeding [3 months] 1 year from the date of issue.

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

 

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ê1965 Statutes of Nevada, Page 226ê

 

CHAPTER 126, SB 186

Senate Bill No. 186–Committee on Labor

CHAPTER 126

AN ACT to amend NRS section 616.585 of the Nevada Industrial Insurance Act, relating to temporary total disability compensation, by increasing the maximum average monthly wage to be taken into account in computing such compensation.

 

[Approved March 16, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 616.585 is hereby amended to read as follows:

      616.585  Every employee in the employ of an employer, within the provisions of this chapter, who shall be injured by accident arising out of and in the course of employment, or his dependents as defined in this chapter, shall be entitled to receive the following compensation for temporary total disability:

      1.  During the period of temporary total disability, but in no event for more than 100 months, 65 percent of the average monthly wage; and, if there be one or more persons residing in the United States dependent upon the workman during the time for which compensation is paid, an additional 15 percent for each dependent, but no more than 90 percent of the average monthly wage.

      2.  Any excess of wages over [$300] $325 a month shall not be taken into account in computing such compensation.

 

________

 

 

CHAPTER 127, SB 187

Senate Bill No. 187–Committee on Labor

CHAPTER 127

AN ACT to amend NRS section 616.590, of the Nevada Industrial Insurance Act, relating to permanent partial disability compensation, by increasing the maximum allowable.

 

[Approved March 16, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 616.590 is hereby amended to read as follows:

      616.590  In case of any of the following specified injuries, the disability caused thereby shall be deemed a permanent partial disability, and, in addition to the compensation paid for temporary total disability, compensation of 50 percent of the average monthly wage, subject to a minimum of $60 per month and a maximum of [$100] $110 per month, shall be paid for the period named in the following schedule:

 

Arms.

Amputation at shoulder or between shoulder and elbow, major arm .....  60 months

Amputation at shoulder or between shoulder and elbow, minor arm ......  50 months Amputation at elbow, major arm ....  56 2/3 months

 

 


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ê1965 Statutes of Nevada, Page 227 (Chapter 127, SB 187)ê

 

Amputation at elbow, major arm .............................................  56 2/3 months

Amputation at elbow, minor arm .............................................  46 2/3 months

Amputation between elbow and wrist joint, major arm .......  53 1/3 months

Amputation between elbow and wrist joint, minor arm .......  43 1/3 months

The permanent and complete loss of the use of an arm may be deemed the same as the loss of an arm by separation.

For the partial loss of use of an arm, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of an arm, which the partial loss of use thereof bears to the total loss of use of an arm.

Eyes and loss of sight.

For the loss of an eye by enucleation ..............................................  50 months

For the permanent and complete loss of sight in one eye without enucleation ....................................................................................  40 months

For partial loss of sight, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for complete loss of sight, which the partial loss thereof bears to the total loss of sight.

Feet.

For the loss of a foot ..........................................................................  40 months

The permanent and complete loss of the use of a foot may be deemed the same as the loss of a foot by separation.

For the partial loss of a foot, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a foot, which the partial loss of use thereof bears to the total loss of use of a foot.

Fingers and thumbs.

For the loss of a thumb ......................................................................  15 months

For the loss of one-half of the distal phalange of a thumb ...........  4 months

For the loss of a first finger, commonly called the index finger ....  9 months

For the loss of one-half of the distal phalange of a first finger  2 1/2 months

For the loss of a second finger ............................................................  7 months

For the loss of one-half of a distal phalange of a second finger  1 1/2 months

For the loss of a third finger .................................................................  5 months

For the loss of a fourth finger, commonly called the little finger 4 months The permanent and complete loss of the use of a finger or thumb may be deemed the same as the loss of a finger or thumb by separation.

 


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ê1965 Statutes of Nevada, Page 228 (Chapter 127, SB 187)ê

 

The permanent and complete loss of the use of a finger or thumb may be deemed the same as the loss of a finger or thumb by separation.

The loss of more than one phalange of the thumb or finger shall be considered as the loss of the entire finger or thumb, but in no case shall the amount received for more than one thumb or finger exceed the amount provided in this section for the loss of a hand.

The loss of a distal or second phalange of the thumb, or the distal or third phalange of the first, second, third or fourth finger shall be considered a permanent partial disability and equal to the loss of one-half of such thumb or finger, and compensation shall be one-half of the amount specified for the loss of the entire thumb or finger.

For the partial loss of use of a finger or thumb, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a finger or thumb, which the partial loss of use thereof bears to the total loss of use of a finger or thumb.

Hands.

Amputation of major hand at wrist ................................................  50 months

Amputation of minor hand at wrist .................................................  40 months

The permanent and complete loss of the use of a hand may be deemed the same as the loss of a hand by separation.

For the partial loss of use of a hand, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a hand, which the partial loss of use thereof bears to the total loss of use of a hand.

Head and facial disfigurement.

For permanent disfigurement about the head or face the commission may allow such sum for compensation thereof as it may deem just in accordance with the proof submitted, for a period not to exceed 12 months.

Hearing.

For permanent and complete loss of hearing in both ears ..........  60 months

For permanent and complete loss of hearing in one ear  20 months For partial loss of hearing, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for complete loss of hearing, which the partial loss thereof bears to the total loss of hearing.

 


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ê1965 Statutes of Nevada, Page 229 (Chapter 127, SB 187)ê

 

For partial loss of hearing, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for complete loss of hearing, which the partial loss thereof bears to the total loss of hearing.

Legs.

For the loss of a leg .............................................................................  50 months

The permanent and complete loss of the use of a leg may be deemed the same as the loss of a leg by separation.

For the partial loss of use of a leg, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a leg, which the partial loss of use thereof bears to the total loss of use of a leg.

Toes.

For the loss of a great toe .....................................................................  7 months

For the loss of one of the other toes, other than the great toes  2 1/2 months

The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe and compensation shall be one-half of the amount specified.

The loss of more than one phalange shall be considered as the loss of the entire toe.

The permanent and complete loss of the use of a toe may be deemed the same as the loss of a toe by separation.

For the partial loss of use of a toe, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a toe, which the partial loss of use thereof bears to the total loss of use of a toe.

 

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

ê1965 Statutes of Nevada, Page 230ê

 

CHAPTER 128, SB 200

Senate Bill No. 200–Senator Titlow

CHAPTER 128

AN ACT authorizing the unincorporated town of Pahrump to construct a community multipurpose building within the town and to purchase necessary furniture and equipment therefor; concerning the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $50,000.00 and the levy of taxes in connection therewith; providing other details concerning the bonds and the taxes; and providing other matters properly relating thereto.

 

[Approved March 16, 1965]

 

      Whereas, The board of county commissioners of the County of Nye, State of Nevada, acting as the board of trustees of the unincorporated town of Pahrump, in said county and state (herein sometimes designated as the “Board,” the “Town,” the “County,” and the “State,” respectively), ordered the submission of, and there was submitted, at the primary election held in the County on Tuesday, the first day of September, 1964 (herein sometimes designated as the “election”), to the duly qualified electors of the Town, a proposal authorizing the Town to incur an indebtedness by the issuance of the Town’s negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of $50,000.00, or so much thereof as may be necessary, for the purpose of constructing a community multipurpose building within the limits of the Town, and purchasing necessary furniture and equipment therefor (herein sometimes designated as the “Project”), said bonds to bear interest at a rate or rates not exceeding 6 percent per annum, and to mature serially within not to exceed 20 years from the date or dates of their issue, and to contain, at the option of the Board, such provisions for their prior redemption at the Town’s option, and such terms and provisions as the Board may determine; and

      Whereas, Said proposal was approved by a majority voting thereon of those qualified electors of the Town who were owners of, or spouses of owners of, real property assessed on the Town Assessment roll and also by a majority voting thereon of all other qualified electors of the Town; and

      Whereas, It is hereby declared, as a matter of legislative determination, with the concurrence of the Board, that existing legal limitations are unduly restrictive and by their modification a more economical and otherwise superior plan of financing the Project can be achieved; now, therefore,

 

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

do enact as follows:

 

      Section 1.  The Town, acting by and through the Board, in addition to the powers elsewhere conferred upon the Town, is hereby authorized and empowered, upon its behalf, without the necessity of another election or other or further preliminaries, to issue the Town’s negotiable, coupon, general obligation bonds (herein sometimes designated as the “bonds”), in the aggregate principal amount of not exceeding $50,000.00, or such lesser amount as may be necessary or desirable, as determined by the Board, for the purpose of constructing a community multipurpose building within the limits of the Town, and purchasing necessary furniture and equipment therefor.

 


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ê1965 Statutes of Nevada, Page 231 (Chapter 128, SB 200)ê

 

a community multipurpose building within the limits of the Town, and purchasing necessary furniture and equipment therefor.

      Sec. 2.  1.  The bonds shall be sold at public sale in accordance with NRS 350.120 to 350.160, inclusive, or at private sale, as the Board may determine, for not less than the principal amount thereof and accrued interest thereon, or, at the option of the Board, below par at a discount of not exceeding 6 percent of the principal amount thereof and at a price which will not result in a net interest rate to the Town of more than 6 percent per annum computed to maturity according to standard tables of bond values including as a part of such rate the amount of discount permitted by the Board on the sale of the bonds.

      2.  No discount (except as herein otherwise provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.

      3.  The Board may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.

      4.  Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Project, which cost, at the option of the Board, may include all or any part of the incidental costs appertaining to the Project, including without limiting the generality of the foregoing, preliminary expenses advanced by the Town from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the election, any bond sale, or otherwise appertaining to the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the Board. Bond proceeds may also be used to repay any emergency or temporary loan incurred by the Town to defray temporarily all or any part of the cost of the Project.

      5.  Any unexpended balance of bond proceeds remaining after the completion of the Project shall be paid immediately into a fund created for the payment of the principal of and interest on the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and in the proceedings authorizing their issuance.

      6.  The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the Project.

      7.  The purchaser or purchasers of any bonds shall in no manner be responsible for the application of the proceeds of the bonds by the County, the Town, the Board, or any of the officers, agents and employees of the County or the Town.

 


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ê1965 Statutes of Nevada, Page 232 (Chapter 128, SB 200)ê

 

County, the Town, the Board, or any of the officers, agents and employees of the County or the Town.

      8.  No bonds hereby authorized shall be delivered after the expiration of 5 years from the effective date of this act.

      Sec. 3.  The bonds may be issued at one time or from time to time in one series or more. Each series of bonds shall be authorized by ordinance of the Town.

      Sec. 4.  Any ordinance may provide that each bond therein authorized shall recite that it is issued under authority hereof. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.

      Sec. 5.  1.  The bonds of any series hereunder shall:

      (a) Be of convenient denominations;

      (b) Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment;

      (c) Mature serially in regular numerical order at annual or other designated intervals, in not exceeding 20 years from the date of the bonds, and commencing not later than 3 years therefrom, in equal amounts of principal, upon an amortization plan, or in any other manner the Board may determine;

      (d) 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 interest payment date may be for interest accruing for any period not in excess of one year;

      (e) Have interest coupons attached in such manner or otherwise appertain to the bonds so that the coupons can be presented for payment of the installments of interest without injury to or presentation of the bonds (unless the bonds be registered for payment as to both principal and interest and there thus be no coupons), each of which coupons shall be consecutively numbered and shall bear the number of the bond to which it appertains;

      (f) Be made payable in lawful money of the United States of America, at such place or places within or without or both within and without the State, as may be provided by the Board; and

      (g) Be printed at such place within or without the State, as the Board may determine.

      2.  Any ordinance authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, not exceeding 6 percent of the principal amount of each bond so redeemed, as the Board may determine and state in the ordinance.

      3.  Bonds may be issued with privileges for registration for payment as to principal alone, or both principal and interest, at any bondholder’s option, or for registration for payment only in either manner designated; and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon or for reconverting the bonds into coupon bonds, or both for such endorsement and such reconversion.

      4.  The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the Board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.

 


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ê1965 Statutes of Nevada, Page 233 (Chapter 128, SB 200)ê

 

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 Board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.

      5.  Pending preparations of the definitive bonds, temporary bonds in such form and with such provisions as the Board may determine may be issued.

      6.  Subject to the payment provisions herein expressly provided, the bonds, any interest coupons appertaining thereto, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.

      7.  Notwithstanding any other provision of law, the Board in any proceedings authorizing bonds hereunder:

      (a) May provide for the initial issuance of one or more bonds (in this subsection 7 called “bond”) aggregating the amount of the entire issue or any portion thereof;

      (b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable, and for the endorsing of payments of principal on such bond;

      (c) May provide for the making of any such bond payable to bearer or otherwise, registrable for payment as elsewhere provided herein, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond; and

      (d) May make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds, or bonds registered for payment, or coupon bonds with provisions for registration for payment.

      8.  In case any outstanding bond shall become mutilated, or be destroyed, stolen or lost, the Town may authenticate and deliver a new bond (with appropriate coupons attached unless registered for payment as to interest) of like tenor, number and amount as the bond and appurtenant coupons, if any, so mutilated, destroyed, stolen or lost:

      (a) In exchange and substitution for such mutilated bond and appurtenant coupons, if any, or

      (b) In lieu of and substitution for the bond and appurtenant coupons, if any, destroyed, stolen or lost:

             (1) Upon filing with the Town evidence satisfactory to the Board that such bond and appurtenant coupons, if any, have been destroyed, stolen or lost, and proof of ownership thereof, and

             (2) Upon furnishing the Town with indemnity satisfactory to the Board,

upon complying with such reasonable regulations as the Board may prescribe, and upon the payment of such expenses as the Town may incur in connection therewith.

      9.  The Town may also reissue any outstanding bond (upon such terms and conditions as the Board and the holder thereof, or, if registered for payment to other than bearer, the registered owner thereof, may determine) which shall not have become mutilated, destroyed, stolen or lost, regardless of whether so provided in any proceedings authorizing its issuance.

 


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ê1965 Statutes of Nevada, Page 234 (Chapter 128, SB 200)ê

 

may determine) which shall not have become mutilated, destroyed, stolen or lost, regardless of whether so provided in any proceedings authorizing its issuance.

      10.  Any bond shall be executed in the name of and on behalf of the Town, signed by the chairman of the Board, countersigned by the county treasurer, ex-officio town treasurer, with the seal of the Town affixed thereto, and attested by the county clerk, ex-officio town clerk.

      11.  Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the county treasurer, ex-officio town treasurer.

      12.  Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)

      13.  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 shall have ceased to fill their respective offices.

      14.  Any officer authorized or permitted to sign any bond or coupons, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons appertaining thereto, or upon both the bond and such coupons.

      Sec. 6.  Bonds issued hereunder shall be a debt of the Town, and the Town shall thereby pledge its full faith and credit for their payment.

      Sec. 7.  1.  The bonds authorized to be issued under the provisions hereof shall be payable from general (ad valorem) taxes levied against all of the taxable property in the Town, including the net proceeds of mines.

      2.  Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the State, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, after making due allowances for probable delinquencies, to be levied on all such taxable property within the boundaries of the Town, without limitation as to rate or amount (except for the designated constitutional limitation) and without regard to any statutory limitation now or hereafter existing.

      3.  It shall be the duty of the Board and of any other body as may be charged with the duty of levying taxes in the Town, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as the same become due.

      4.  In case the moneys produced from such levies, together with any other revenues of the Town available therefor, are not sufficient to pay the principal of and interest on the bonds as the same become due, and to pay any defaults and deficiencies, the Board shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be made and continue to be levied until the bonds (as well as any other bonded debt of the Town) are fully paid.

 


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ê1965 Statutes of Nevada, Page 235 (Chapter 128, SB 200)ê

 

be levied until the bonds (as well as any other bonded debt of the Town) are fully paid.

      5.  Any such tax levy shall enjoy the same priority as provided by NRS 350.250 for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the State.

      6.  The Town may pay the principal of and interest on any bonds from any available revenues, and the levy or levies of general (ad valorem) taxes herein provided may be diminished to the extent such other revenues are available for the payment of such principal and interest.

      Sec. 8.  1.  Before the Board shall cause to be delivered bonds hereunder, all such bonds shall be registered by the county treasurer, ex-officio town treasurer, in a book kept in his office for that purpose.

      2.  The register shall show:

      (a) The amount of the bonds;

      (b) The time of payment; and

      (c) The rate or rates of interest which the bonds bear.

      3.  After registration by the county treasurer, ex-officio town treasurer, he shall cause the bonds to be delivered to the purchaser or purchasers thereof from the Town, upon payment being made therefor on the terms of the sale or sales.

      Sec. 9.  Whenever the county treasurer, ex-officio town treasurer, shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or by stamping the word “Paid,” together with the date of its payment, sign his name thereto, and transmit the same to the county auditor, ex-officio town auditor, taking his receipt therefor, which receipt shall subsequently be filed with the records of the county clerk, ex-officio town clerk. The county auditor, ex-officio town auditor, shall credit the county treasurer, ex-officio town treasurer, on his books for the amount so paid.

      Sec. 10.  No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal and the interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.

      Sec. 11.  Bonds issued hereunder, their transfer, and the income therefrom shall forever be and remain free and exempt from taxation by the State and any subdivision thereof.

      Sec. 12.  It shall be legal for the State and any of its agencies, departments, instrumentalities, corporations, or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank, or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds.

 


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ê1965 Statutes of Nevada, Page 236 (Chapter 128, SB 200)ê

 

the bonds. The bonds shall be authorized security for all public deposits. Nothing contained in this section with regard to legal investments shall be construed as relieving the State, any representative of the State, any other public body, corporation, or other person of any duty of exercising reasonable care in selecting securities.

      Sec. 13.  The exercise of any power herein authorized by the Board upon behalf of the Town has been determined, and is hereby declared, to effect a public purpose; and the Project, as herein authorized, shall effect a public purpose.

      Sec. 14.  This act being necessary to secure and preserve the public health, safety, convenience, and welfare, shall be literally construed to effect its purpose.

      Sec. 15.  1.  This act, without reference to other statutes of the State, except as herein otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted concerning the borrowing of money to finance the Project wholly or in part and the issuance of bonds or other securities to evidence such loans.

      2.  No other act or law with regard to the authorization or issuance of securities or the exercise of any other power herein granted that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.

      3.  The provisions of no other law, either general, special, or local, except as provided herein, shall apply to the doing of the things herein authorized to be done; and no public body, other than the Town acting by and through the Board, shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done.

      4.  The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law.

      5.  Nothing contained in this act shall be construed as preventing the exercise of any power granted to the Town, acting by and through the Board, or any officer, agent, or employee thereof, by any other law.

      6.  No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.

      Sec. 16.  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. 17.  This act shall become effective upon passage and approval.

 

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ê1965 Statutes of Nevada, Page 237ê

 

CHAPTER 129, AB 103

Assembly Bill No. 103–Clark County Delegation

CHAPTER 129

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; 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,” approved April 5, 1963, as amended by chapter 420, Statutes of Nevada 1963, at page 1107.

 

[Approved March 16, 1965]

 

      Whereas, The legislature is informed that as a result of the adoption by the public service commission of Nevada of a certain regulation requiring taxicabs and other passenger carriers operating outside city limits to hold a certificate of public convenience and necessity, prior to the existence of statutory authority for such adoption, and as a result of further proceedings had subsequent to the effective date of chapter 237, Statutes of Nevada 1963, which prospectively provided such statutory authority, certain persons formerly licensed to operate taxicabs outside city limits in Clark County, Nevada, have been and still are unable to continue in that business; and

      Whereas, It was not the intent of the legislature in enacting chapter 237, Statutes of Nevada 1963, or chapter 420, Statutes of Nevada 1963, amendatory thereof, to interfere with the existing lawful occupation of any person; now, therefore,

 

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

do enact as follows:

 

      Section 1.  The above-entitled act, being chapter 237, Statutes of Nevada 1963, as amended by chapter 420, Statutes of Nevada 1963, is hereby amended by adding thereto a new section designated section 7, which shall immediately follow section 6 and shall read as follows:

      Section 7.  Any person who, between July 1, 1962, and July 1, 1963, was operating as a taxicab motor carrier under the provisions of chapter 706 of NRS as they existed during that period shall be granted a certificate of public convenience and necessity if application is made to the public service commission of Nevada within 90 days after the effective date of this amendatory act, and such application contains satisfactory evidence of the lawful nature and scope of the applicant’s operations. Such certificate, when granted, shall authorize the recipient to operate as a taxicab motor carrier to the extent, and only to the extent, of the nature and scope of such lawful operation existing at that time.

 


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ê1965 Statutes of Nevada, Page 238 (Chapter 129, AB 103)ê

 

the extent, of the nature and scope of such lawful operation existing at that time.

      Sec. 2.  The title of the above-entitled act, being chapter 237, Statutes of Nevada 1963, as amended by chapter 420, 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; providing for the issuance of certificates of public convenience and necessity to certain persons who operated as taxicab motor carriers between certain dates prior to the effective date of the act; and providing other matters properly relating thereto.

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

 

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CHAPTER 130, AB 260

Assembly Bill No. 260–Committee on State, County and City Affairs

CHAPTER 130

AN ACT to amend NRS section 245.060, relating to travel expenses of county officers and employees, by providing for computation of living expenses on the same basis as state officers and employees.

 

[Approved March 16, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 245.060 is hereby amended to read as follows:

      245.060  1.  When any county or township officer or any employee of the county shall be entitled to receive his necessary traveling expenses for the transaction of public business, such expenses shall include [his actual] living expenses [, not to exceed $10 per day,] computed as provided in NRS 281.160, but the amount allowed for traveling by private conveyance shall not exceed the amount charged by public conveyance. Where it appears to the satisfaction of the board of county commissioners that travel by private conveyance is more economical, or where it appears that, owing to train, airplane or bus schedules or for other reasons, travel by public conveyance is impractical, or in case a part of the route traveled is not covered by public conveyance, the board of county commissioners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed 10 cents per mile so traveled.

 


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ê1965 Statutes of Nevada, Page 239 (Chapter 130, AB 260)ê

 

schedules or for other reasons, travel by public conveyance is impractical, or in case a part of the route traveled is not covered by public conveyance, the board of county commissioners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed 10 cents per mile so traveled.

      2.  Any county or township officer presenting a claim to the county for any expenses allowed by law shall attach itemized vouchers and receipts for the same to his claim, and the county commissioners of the several counties are prohibited from allowing such claim unless accompanied by vouchers and receipts as required by this section.

 

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CHAPTER 131, SB 213

Senate Bill No. 213–Committee on Finance

CHAPTER 131

AN ACT to amend NRS section 284.175, relating to payment of classified employees, by imposing an annual salary limit of $20,000.

 

[Approved March 16, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 284.175 is hereby amended to read as follows:

      284.175  1.  After consultation with appointing authorities and state fiscal officers, and after a public hearing and approval by the commission, the chief shall prescribe rules and regulations for a pay plan for all employees in the classified service.

      2.  The pay plan and amendments thereto shall become effective only after approval by the commission and the governor.

      3.  The chief shall prepare a pay plan and ranges for each class, grade or group of positions in the classified service. Each employee shall be paid at one of the rates set forth in the pay plan for the class of position in which he is employed and at such time as necessary funds are made available for such payment.

      4.  No employee in the classified service may receive a salary exceeding $20,000 a year, unless such salary has been set or changed by legislative action.

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

 

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ê1965 Statutes of Nevada, Page 240ê

 

CHAPTER 132, AB 28

Assembly Bill No. 28–Committee on Social Welfare

CHAPTER 132

AN ACT to amend NRS section 458.230, relating to meetings of the state alcoholism advisory board, by reducing the number of mandatory meetings and providing for meetings at the discretion of the chairman.

 

[Approved March 17, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 458.230 is hereby amended to read as follows:

      458.230  1.  The board shall [hold at least four meetings annually.] meet at least once each year on the call of the chairman.

      2.  Four members of the board shall constitute a quorum for the transaction of business.

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

 

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CHAPTER 133, AB 317

Assembly Bill No. 317–Ormsby County Delegation

CHAPTER 133

AN ACT authorizing Ormsby County to enlarge, improve, repair and reconstruct the Ormsby County Hospital; concerning the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $800,000.00 and the levy of taxes in connection therewith; providing other details concerning the bonds and the taxes; and providing other matters properly relating thereto.

 

[Approved March 17, 1965]

 

      Whereas, The Board of County Commissioners of the County of Ormsby, in the State of Nevada (herein sometimes designated as the “County Board,” the “County,” and the “State,” respectively), ordered the submission of, and there was submitted at the general election held in the County on Tuesday, the 3rd day of November, 1964, to the duly qualified electors of the County, a proposal authorizing the County Board, acting alone or in conjunction with the county commissioners of any contiguous county, to accept a gift of all the facilities, including real property, improvements, fixtures, equipment and other personal property (herein sometimes designated as the “Ormsby County Hospital” or as the “hospital”) of the Carson-Tahoe Hospital Association, a nonprofit corporation, and thereafter to appoint a Board of Hospital Trustees (herein sometimes designated as the “Hospital Board”) to operate and maintain the hospital and to exercise all of the powers provided for the Hospital Board under the provisions of NRS 405 (sic-450);

      Whereas, Said proposal was approved by a majority voting thereon of the qualified electors of the County; and

      Whereas, The County Board has determined so to acquire the Ormsby County Hospital, acting alone, to enlarge, improve, repair and reconstruct the hospital, and to defray the cost thereof wholly or in part by the issuance of the County’s negotiable, coupon, general obligation bonds; now, therefore,

 

 


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ê1965 Statutes of Nevada, Page 241 (Chapter 133, AB 317)ê

 

and reconstruct the hospital, and to defray the cost thereof wholly or in part by the issuance of the County’s negotiable, coupon, general obligation bonds; now, therefore,

 

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

do enact as follows:

 

      Section 1.  The County Board, upon behalf and in the name of the County, and in addition to the powers elsewhere conferred upon the County, is hereby authorized and empowered, subject to the provisions of section 2 of this act:

      1.  To enlarge, improve, repair and reconstruct the Ormsby County Hospital, upon acquiring it as authorized at the election held on the 3rd day of November, 1964, including without limitation, the acquisition by purchase, construction, reconstruction, lease, gift, transfer, assignment, option to purchase, or grant from the United States of America, or any agency, department, instrumentality, or corporation thereof, the State, or any agency or political subdivision thereof, or any other corporation or other person, endowment, bequest, devise, installation, condemnation, or other means of acquirement, alteration, extension, development, betterment, repair, or other improvement of any buildings, furnishings, apparatus, and sites therefor, lines, machinery and equipment (or any combination thereof), and appurtenances for the hospital (herein sometimes designated as the “Project”); and

      2.  To defray wholly or in part the cost of the Project by the issuance of the County’s negotiable, coupon, general obligation bonds (herein sometimes designated as the “bonds”), in the aggregate principal amount of not exceeding $800,000.00, or such lesser amount as the County Board shall determine to be necessary or desirable therefor.

      Sec. 2.  The County Board may submit at one time or from time to time a question of issuing any such bonds to the electors qualified to vote thereon, at a special, primary, or general election, held in accordance with NRS 350.010 to 350.070, inclusive, all laws amendatory thereof, and the laws of the State relating to elections insofar as the same can be made applicable. If a majority of each the white ballots and the colored ballots cast on the question so submitted is in favor of the issuance of the bonds, the proposal to issue them shall have carried, and the County Board may thereafter proceed to issue the bonds designated in the proposal in accordance with the provisions of this act. If a majority of either color of ballots or of both the white ballots and the colored ballots cast on the question so submitted is against the issuance of the bonds, then such proposal shall have failed, and the County Board shall be without power to issue any of the bonds designated in the proposal. The submission of a question of issuing bonds as herein provided shall not prevent or prohibit the submission of the same or a similar question at a subsequent election called for that purpose pursuant to the provisions of this act or as otherwise authorized by law.

      Sec. 3.  1.  The bonds shall be sold at public sale in accordance with NRS 350.120 to 350.160, inclusive, for not less than the principal amount thereof and accrued interest thereon, or, at the option of the County Board, below par at a discount of not exceeding 6 percent of the principal amount thereof and at a price which will not result in a net interest rate to the County of more than 6 percent per annum computed to maturity according to standard tables of bond values including as a part of such rate the amount of any discount permitted by the County Board on the sale of the bonds.

 


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ê1965 Statutes of Nevada, Page 242 (Chapter 133, AB 317)ê

 

County Board, below par at a discount of not exceeding 6 percent of the principal amount thereof and at a price which will not result in a net interest rate to the County of more than 6 percent per annum computed to maturity according to standard tables of bond values including as a part of such rate the amount of any discount permitted by the County Board on the sale of the bonds.

      2.  No discount (except as herein otherwise provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.

      3.  The County Board may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.

      4.  Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Project, which cost, at the option of the County Board, may include all or any part of the incidental costs appertaining to the Project, including without limiting the generality of the foregoing, preliminary expenses advanced by the County from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with any bond election, any bond sale, or otherwise appertaining to the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the County Board.

      5.  Any unexpended balance of bond proceeds remaining after the completion of the Project shall be paid immediately into a fund created for the payment of the principal of and interest on the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and in the proceedings authorizing their issuance.

      6.  The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the Project.

      7.  The purchaser or purchasers of any bonds shall in no manner be responsible for the application of the proceeds of the bonds by the County, the County Board, the Hospital Board, or any of the officers, agents and employees of the County.

      8.  No bonds hereby authorized shall be delivered after the expiration of 5 years from the effective date of this act.

      Sec. 4.  The bonds may be issued at one time or from time to time in one series or more. Each series of bonds shall be authorized by ordinance of the County.

 


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ê1965 Statutes of Nevada, Page 243 (Chapter 133, AB 317)ê

 

      Sec. 5.  Any ordinance may provide that each bond therein authorized shall recite that it is issued under authority hereof. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.

      Sec. 6.  1.  The bonds of any series hereunder shall:

      (a) Be of convenient denominations;

      (b) Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment;

      (c) Mature serially in regular numerical order at annual or other designated intervals, in not exceeding 20 years from the date of the bonds, and commencing not later than 3 years therefrom, in equal amounts of principal, upon an amortization plan, or in any other manner the County Board may determine;

      (d) 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 appertaining to any bond may represent, or the first interest payment date may be for, interest accruing for any period not in excess of one year;

      (e) Have interest coupons attached in such manner or otherwise appertain to the bonds so that the coupons can be presented for payment of the installments of interest without injury to or presentation of the bonds (unless the bonds be registered for payment as to both principal and interest and there thus be no coupons), each of which coupons shall be consecutively numbered and shall bear the number of the bond to which it appertains;

      (f) Be made payable in lawful money of the United States of America, at such place or places within or without or both within and without the State, as may be provided by the County Board; and

      (g) Be printed at such place within or without the State, as the County Board may determine.

      2.  Any ordinance authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, not exceeding 6 percent of the principal amount of each bond so redeemed, as the County Board may determine and state in the ordinance.

      3.  Bonds may be issued with privileges for registration for payment as to principal alone, or both principal and interest, at any bondholder’s option, or for registration for payment only in either manner designated; and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon or for reconverting the bonds into coupon bonds, or both for such endorsement and such reconversion.

      4.  The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the County Board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.

      5.  Pending preparations of the definitive bonds, temporary bonds in such form and with such provisions as the County Board may determine may be issued.

 


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ê1965 Statutes of Nevada, Page 244 (Chapter 133, AB 317)ê

 

in such form and with such provisions as the County Board may determine may be issued.

      6.  Subject to the payment provisions herein expressly provided, the bonds, any interest coupons appertaining thereto, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.

      7.  Notwithstanding any other provision of law, the County Board in any proceedings authorizing bonds hereunder:

      (a) May provide for the initial issuance of one or more bonds (in this subsection 7 called “bond”) aggregating the amount of the entire issue or any portion thereof;

      (b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable, and for the endorsing of payments of principal on such bond;

      (c) May provide for the making of any such bond payable to bearer or otherwise, registrable for payment as elsewhere provided herein, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond; and

      (d) May make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds, or bonds registered for payment, or coupon bonds with provisions for registration for payment.

      8.  In case any outstanding bond shall become mutilated, or be destroyed, stolen or lost, the County may authenticate and deliver a new bond (with appropriate coupons attached unless registered for payment as to interest) of like tenor, number and amount as the bond and appurtenant coupons, if any, so mutilated, destroyed, stolen or lost:

      (a) In exchange and substitution for such mutilated bond and appurtenant coupons, if any, or

      (b) In lieu of and substitution for the bond and appurtenant coupons, if any, destroyed, stolen or lost:

             (1) Upon filing with the County evidence satisfactory to the County Board that such bond and appurtenant coupons, if any, have been destroyed, stolen or lost, and proof of ownership thereof, and

             (2) Upon furnishing the County with indemnity satisfactory to the County Board,

upon complying with such reasonable regulations as the County Board may prescribe, and upon the payment of such expenses as the County may incur in connection therewith.

      9.  The County may also reissue any outstanding bond (upon such terms and conditions as the County Board and the holder thereof, or, if registered for payment to other than bearer, the registered owner thereof, may determine) which shall not have become mutilated, destroyed, stolen or lost, regardless of whether so provided in any proceedings authorizing its issuance.

      10.  Any bond shall be executed in the name of and on behalf of the County, signed by the chairman of the County Board, countersigned by the county treasurer, with the seal of the County affixed thereto, and attested by the county clerk.

 


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ê1965 Statutes of Nevada, Page 245 (Chapter 133, AB 317)ê

 

the County, signed by the chairman of the County Board, countersigned by the county treasurer, with the seal of the County affixed thereto, and attested by the county clerk.

      11.  Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the county treasurer.

      12.  Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)

      13.  The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the County, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.

      14.  Any officer authorized or permitted to sign any bond or coupons, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons appertaining thereto, or upon both the bond and such coupons.

      Sec. 7.  Bonds issued hereunder shall be a debt of the County, and the County shall thereby pledge its full faith and credit for their payment.

      Sec. 8.  1.  The bonds authorized to be issued under the provisions hereof shall be payable from general (ad valorem) taxes levied against all of the taxable property in the County, including the net proceeds of mines.

      2.  Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the State, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, after making due allowances for probable delinquencies, to be levied on all such taxable property within the boundaries of the County, without limitation as to rate or amount (except for the designated constitutional limitation) and without regard to any statutory limitation now or hereafter existing.

      3.  It shall be the duty of the County Board and of any other body as may be charged with the duty of levying taxes in the County, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as the same become due.

      4.  In case the moneys produced from such levies, together with any other revenues of the County available therefor, are not sufficient to pay the principal of and interest on the bonds as the same become due, and to pay any defaults and deficiencies, the County Board shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be made and continue to be levied until the bonds (as well as any other bonded debt of the County) are fully paid.

      5.  Any such tax levy shall enjoy the same priority as provided by NRS 350.250, as from time to time amended, for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the State.

 


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ê1965 Statutes of Nevada, Page 246 (Chapter 133, AB 317)ê

 

the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the State.

      6.  The County may pay the principal of and interest on any bonds from any available revenues, and the levy or levies of general (ad valorem) taxes herein provided may be diminished to the extent such other revenues are available for the payment of such principal and interest.

      Sec. 9.  1.  Before the County Board shall cause to be delivered bonds hereunder, all such bonds shall be registered by the county treasurer in a book kept in his office for that purpose.

      2.  The register shall show:

      (a) The amount of the bonds;

      (b) The time of payment; and

      (c) The rate or rates of interest which the bonds bear.

      3.  After registration by the county treasurer, he shall cause the bonds to be delivered to the purchaser or purchasers thereof from the County, upon payment being made therefor on the terms of the sale or sales.

      Sec. 10.  Whenever the county treasurer shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or by stamping thereon the word “Paid,” together with the date of its payment, sign his name thereto, and transmit the same to the county auditor, taking his receipt therefor, which receipt shall subsequently be filed with the county clerk’s records. The county auditor shall credit the county treasurer on his books for the amount so paid.

      Sec. 11.  No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal and the interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.

      Sec. 12.  Bonds issued hereunder, their transfer, and the income therefrom shall forever be and remain free and exempt from taxation by the State and any subdivision thereof.

      Sec. 13.  It shall be legal for the State and any of its agencies, departments, instrumentalities, corporations, or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank, or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds. The bonds shall be authorized security for all public deposits. Nothing contained in this section with regard to legal investments shall be construed as relieving the State, any representative of the State, any other public body, corporation, or other person of any duty of exercising reasonable care in selecting securities.

      Sec. 14.  The exercise of any power herein authorized by the County Board upon behalf of the County has been determined, and is hereby declared, to effect a public purpose; and the Project, as herein authorized, shall effect a public purpose.

 


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ê1965 Statutes of Nevada, Page 247 (Chapter 133, AB 317)ê

 

declared, to effect a public purpose; and the Project, as herein authorized, shall effect a public purpose.

      Sec. 15.  This act being necessary to secure and preserve the public health, safety, convenience, and welfare, shall be liberally construed to effect its purpose.

      Sec. 16.  1.  This act, without reference to other statutes of the State, except as herein otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted concerning the borrowing of money to finance the Project wholly or in part and the issuance of bonds or other securities to evidence such loans.

      2.  No other act or law with regard to the authorization or issuance of securities or the exercise of any other power herein granted that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.

      3.  The provisions of no other law, either general, special, or local, except as provided herein, shall apply to the doing of the things herein authorized to be done; and no public body, other than the County acting by and through the County Board, shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done.

      4.  The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law.

      5.  Nothing contained in this act shall be construed as preventing the exercise of any power granted to the County, acting by and through the Hospital Board, the County Board, or any officer, agent, or employee thereof, by any other law.

      6.  No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.

      Sec. 17.  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. 18.  This act shall become effective upon passage and approval.

 

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ê1965 Statutes of Nevada, Page 248ê

 

CHAPTER 134, SB 98

Senate Bill No. 98–Committee on Judiciary

CHAPTER 134

AN ACT to amend NRS section 17.160, relating to the judgment docket book kept by the court clerk, by deleting the requirement of a column marked “where entered in judgment book” and requiring that names of judgment debtors be entered in the docket in alphabetical order.

 

[Approved March 17, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 17.160 is hereby amended to read as follows:

      17.160  The docket mentioned in NRS 17.150 is a book which the clerk shall keep in his office, with each page divided into columns: Judgment debtors; judgment creditors; judgment; time of entry; [where entered in judgment book;] appeals; when taken; judgment of appellate court; satisfaction of judgment; when entered. If judgment be for the recovery of money or damages, the amount shall be stated in the docket under the head of judgment; if the judgment be for any other relief, a memorandum of the general character of the relief granted shall be stated. The names of the [defendants] judgment debtors shall be entered in the docket in alphabetical order.

 

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CHAPTER 135, SB 29

Senate Bill No. 29–Senator Parks

CHAPTER 135

AN ACT to amend NRS section 6.110, relating to selection and drawing of grand jurors, by providing a different method of selecting persons as proposed grand jurors.

 

[Approved March 17, 1965]

 

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

do enact as follows:

 

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

      6.110  1.  In any county wherein at the last preceding general election 1,000 or more votes were cast for the candidates for the office of representative in Congress of the United States, [the district judge and any one of the county commissioners of the county, as often as the public interest may require, and at least once in each 4 years, shall select from the qualified jurors of the county (whether their names are or are not upon the list selected by the board of county commissioners) 36 persons who shall be summoned to appear as grand jurors at such time as the district judge may order. If the district judge deems it proper he may direct any one of the county commissioners of the county and the clerk to select grand jurors, and the county commissioner and the clerk, if the district judge so directs, shall select from the qualified jurors 36 persons as grand jurors. If the district judge directs the grand jurors to be selected by one of the county commissioners and the clerk, the district judge must make and file with the clerk an order designating the name of the county commissioner, and the district judge shall fix the time in the order when the grand jurors shall be required to appear.

 


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ê1965 Statutes of Nevada, Page 249 (Chapter 135, SB 29)ê

 

directs the grand jurors to be selected by one of the county commissioners and the clerk, the district judge must make and file with the clerk an order designating the name of the county commissioner, and the district judge shall fix the time in the order when the grand jurors shall be required to appear. If from any cause such county commissioner and clerk shall fail to select the grand jurors, the district judge and any one of the county commissioners may, at any time, select the same.] the selection of persons as proposed grand jurors shall be made in the manner prescribed in this subsection upon notice from the district judge as often as the public interest may require and at least once in each 4 years. In counties where the board of county commissioners, pursuant to the provisions of NRS 244.010, consists of three members, after required notice has been given by the district judge, the three members of the board of county commissioners and the district judge shall, at a regular meeting of the board of county commissioners which shall be open to the public, select 36 persons as proposed grand jurors by selecting 36 names from the county clerk’s register of registered voters in the following manner. The district judge shall first make a selection of one name from the register. In turn each member of the board of county commissioners shall make a selection of one name from the register, and such selection procedure shall continue until 36 persons are selected as proposed grand jurors. In counties where the board of county commissioners, pursuant to the provisions of NRS 244.013, consists of five members and there is more than one district judge in the judicial district containing the county, after required notice has been given by the district judge, selection of 36 persons as proposed grand jurors shall be made as follows. The district judges of the judicial district shall designate on of their number who shall meet with three or more of the members of the board of county commissioners at a regular meeting of the board of county commissioners which shall be open to the public. The district judge shall first make a selection of one name from the county clerk’s register of registered voters. In turn each member of the board of county commissioners present at the meeting shall make a selection of one name from the register, and such selection procedure shall continue until 36 persons are selected as proposed grand jurors. A list of the names so selected as grand jurors shall be made out and certified by the officers making the selection and shall be filed in the clerk’s office, and the clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the persons so drawn as grand jurors to attend in court at such time as the district judge may have directed.

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

      3.  Every person named in the venire as a grand juror shall be served by the sheriff mailing a summons to such person commanding him to attend as a juror at a time and place designated therein, which summons shall be registered and deposited in the post office addressed to the person at his usual post office address.

 


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ê1965 Statutes of Nevada, Page 250 (Chapter 135, SB 29)ê

 

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

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

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

 

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CHAPTER 136, SB 152

Senate Bill No. 152–Committee on Judiciary

CHAPTER 136

AN ACT to amend NRS section 207.010, relating to habitual criminals, by providing that a crime which is treated as a felony either by the state where the crime was committed or by this state shall be treated as a felony for purposes of the habitual criminal act, and for prima facie evidence of conviction of a prior felony.

 

[Approved March 17, 1965]

 

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

do enact as follows:

 

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

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

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

 


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ê1965 Statutes of Nevada, Page 251 (Chapter 136, SB 152)ê

 

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

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

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

      6.  Presentation of an exemplified copy of a felony conviction shall be prima facie evidence of conviction of a prior felony.

 

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CHAPTER 137, SB 155

Senate Bill No. 155–Committee on Judiciary

CHAPTER 137

AN ACT to amend NRS section 209.500, relating to release of prisoners from the state prison, by requiring the warden to give notice to prisoners being released of certain applicable laws and requiring that such released prisoners acknowledge such notice.

 

[Approved March 17, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 209.500 is hereby amended to read as follows:

      209.500  Whenever any prisoner shall be released from the state prison of this state, either by expiration of his term of sentence, or by pardon, or by parole, the warden shall [furnish] :

      1.  Furnish him $25, [in coin,] the same to be allowed and paid out of the state prison fund as any other claim against the fund.

      2.  Give him notice of the provisions of NRS 202.360, forbidding ex-felons to possess or have custody of concealable weapons and the provisions of NRS 207.080 to 207.150, inclusive, relating to the registration and fingerprinting of convicted persons.

      3.  Require him to sign an acknowledgment of the notice required in subsection 2.

 

________

 

 


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ê1965 Statutes of Nevada, Page 252ê

 

CHAPTER 138, SB 190

Senate Bill No. 190–Senator Monroe

CHAPTER 138

AN ACT to amend chapter 107 of NRS, relating to deeds of trust, by adding a new section providing for the appointment of a receiver for property subject to a deed of trust; and providing other matters properly relating thereto.

 

[Approved March 17, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 107 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  At any time after the filing of a notice of breach and election to sell real property under a power of sale contained in a deed of trust, the trustee or beneficiary of the deed of trust may apply to the district court for the county in which the property or any part of the property is located for the appointment of a receiver of such property.

      2.  A receiver shall be appointed where it appears that personal property subject to the deed of trust is in danger of being lost, removed, materially injured or destroyed, that real property subject to the deed of trust is in danger of substantial waste or that the income therefrom is in danger of being lost, or that the property is or may become insufficient to discharge the debt which it secures.

 

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CHAPTER 139, SB 201

Senate Bill No. 201–Committee on Judiciary

CHAPTER 139

AN ACT to amend chapter 176 of NRS, relating to judgment and execution, by providing for the discretionary imposition of concurrent or consecutive state sentences upon a person already under federal sentence for the same crime.

 

[Approved March 17, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 176 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Whenever a person has been convicted of a federal and state offense for the same criminal act and sentence has been pronounced for the federal offense, the court in imposing any sentence for the state offense may, in its discretion, provide that the state sentence pronounced shall run either concurrently or consecutively with the federal sentence first imposed.

      2.  If the court makes no order with reference thereto, the state sentence shall not begin until the expiration of all prior federal terms.

 

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ê1965 Statutes of Nevada, Page 253ê

 

CHAPTER 140, AB 143

Assembly Bill No. 143–Committee on Social Welfare

CHAPTER 140

AN ACT to amend NRS section 423.150, relating to the maximum age at which whole orphans may be admitted to the Nevada state children’s home, by raising such age for male whole orphans from 16 to 18 years; to amend NRS section 423.210, relating to procedure for commitment and payments for support of nonorphan children, by placing the responsibility for payment of support of a child and collection of such amounts from a child’s parents on the county from which the child was committed; and providing other matters properly relating thereto.

 

[Approved March 17, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 423.150 is hereby amended to read as follows:

      423.150  1.  Upon complying with the provisions of this chapter, all male [whole orphans under 16 years of age] and [all] female whole orphans under 18 years of age may be admitted to the Nevada state children’s home.

      2.  For the purposes of this chapter, a whole orphan is a child both of whose parents are deceased.

      Sec. 2.  NRS 423.210 is hereby amended to read as follows:

      423.210  1.  A child other than an orphan shall be admitted to the Nevada state children’s home when committed by the district court of the county in which such child resides as a dependent child.

      2.  [The order of commitment shall require the parent or parents of the child to pay to the superintendent $50 monthly for the care and support of each child committed; but when it shall appear to the district court that the parent or parents are unable to pay $50 per month the order shall require the payment of such lesser amount as may be found to be reasonable, and the county where the child was committed shall then pay to the superintendent the difference between the amount so ordered paid and the sum of $50, or, if the parents be found unable to pay anything, the county where the child was committed shall be liable for the whole amount of the support of the child.] The county from which the child was committed shall pay to the superintendent the sum of $50 monthly for the care and support of each child committed and the order of commitment shall require the parent or parents of the child to reimburse such county the sum of $50 per month; but when it appears to the district court that the parent or parents are unable to pay $50 per month, the order shall require the payment of such lesser amount as may be found to be reasonable, or, if the parents be found unable to pay anything, no reimbursement shall be ordered.

      3.  If the parent or parents shall fail or refuse to comply with the order of the court, [the superintendent shall so notify the board of county commissioners of] the county where the child was committed [, and such county shall pay to the superintendent, on behalf of such parent or parents, the amount ordered paid. Such county] shall thereupon be entitled to recover from the parent or parents, by appropriate legal action, all sums [so paid] due together with interest thereon at the rate of 7 percent per annum.

 


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ê1965 Statutes of Nevada, Page 254 (Chapter 140, AB 143)ê

 

      4.  The [superintendent] board of county commissioners of the county from which the child was committed shall advise the [attorney general] district attorney of such county of the failure of a parent or parents to make the support payments required by the court order and the [attorney general] district attorney shall cause appropriate legal action to be taken to collect such payments, together with interest thereon at the rate of 7 percent per annum.

      5.  When any parent of a child committed under this section shall fail to pay the amount ordered for support or, if no support be ordered, shall fail to make any contribution for support, for a period of 1 year, that failure shall be prima facie proof of abandonment of the child by the parents.

 

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CHAPTER 141, AB 375

Assembly Bill No. 375–Mr. Godbey

CHAPTER 141

AN ACT to amend chapter 612 of NRS, relating to unemployment compensation, by adding a new section authorizing the employment security department to participate in the Manpower Development and Training Act of 1962.

 

[Approved March 17, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 612 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      In order to continue to participate in programs under the Manpower Development and Training Act of 1962 (42 U.S.C. §§ 2571-2620), the employment security department is authorized:

      1.  To administer manpower development and training programs and to pay training allowances;

      2.  To execute on behalf of this state agreements or contracts with the appropriate federal agencies containing such provisions as may be necessary or desirable to enable this state to participate in such programs;

      3.  To expend all funds made available for the purpose of such programs by this state or local subdivisions thereof or by the Federal Government;

      4.  To supervise the expenditure of such funds and the conduct of such programs by other public and private agencies in this state, and to make such reports and certifications as are called for; and

      5.  Otherwise to cooperate with the Federal Government and its departments and agencies in the administration of such programs.

 

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ê1965 Statutes of Nevada, Page 255ê

 

CHAPTER 142, AB 26

Assembly Bill No. 26–Mr. Pozzi

CHAPTER 142

AN ACT to amend chapter 284 of NRS, relating to the state personnel system, by adding new sections giving residents a 5-point preference in examinations and providing for the incorporation within the personnel system of employees of agencies acquired for administration by the state; to amend NRS section 284.140, relating to the unclassified service, by excluding part-time professional personnel employed in recurring duties; to amend NRS section 284.265, relating to the certification of personnel to fill vacant positions, by increasing the number certifiable to five; and to amend NRS section 612.230, relating to the selection of personnel for the employment security department, by increasing the permissible selection range to five.

 

[Approved March 18, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 284 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  In establishing the lists of eligible persons, a preference shall be allowed for persons who have resided in this state for at least 6 months. Five points shall be added to the passing grade achieved on the examination. For the purposes of this section, the person examined must have been physically present within the state for the period of residence claimed by him. Should any person absent himself from the state with the intention in good faith to return without delay and continue his residence, the time of such absence shall not be considered in determining the fact of such residence.

      Sec. 3.  The department may include within the personnel system all employees of any governmental agency acquired for administration by the state.

      Sec. 4.  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.  All employees other than clerical in the office of the attorney general required by law to be appointed by the attorney general.

      6.  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.

 


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ê1965 Statutes of Nevada, Page 256 (Chapter 142, AB 26)ê

 

employees of such institutions shall be in the classified service. The board of regents shall assist the chief in carrying out the provisions of this chapter applicable to the University of Nevada.

      7.  Officers and members of the Nevada National Guard.

      8.  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.

      9.  Patient and inmate help in state charitable, penal, mental and correctional institutions.

      10.  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 or substantially recurring duties.

      11.  Such other officers and employees as are authorized by law to be employed in the unclassified service.

      Sec. 5.  NRS 284.265 is hereby amended to read as follows:

      284.265  Appointing authorities shall give written notice to the chief of their intention to establish new positions and 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 chief shall certify from the list of eligible persons, appropriate for the grade and class in which the position is classified, the [three] five names at the head thereof.

      Sec. 6.  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 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] five 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.

 


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ê1965 Statutes of Nevada, Page 257 (Chapter 142, AB 26)ê

 

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

 

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CHAPTER 143, AB 442

Assembly Bill No. 442–Committee on Legislative Functions

CHAPTER 143

AN ACT to amend NRS section 218.220, relating to per diem and travel expenses of legislators, by providing for supplemental travel allowances during regular and special sessions of the legislature; deleting provisions pertaining to mileage allowances; and providing other matters properly relating thereto.

 

[Approved March 18, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 218.220 is hereby amended to read as follows:

      218.220  1.  Notwithstanding the provisions of NRS 281.160 or any other law, the per diem expense allowance and the travel expenses of senators and assemblymen duly elected or appointed and in attendance at any session of the legislature shall be allowed in the manner set forth in this section.

      2.  [If a senator or assemblyman travels daily from his home to sessions of the legislature, he shall be allowed for each mile between the capital and his home, for each day the house of the legislature to which he belongs is actually convened or for each day he travels to the capital on official legislative business, travel expenses at the rate of 10 cents per mile traveled.

      3.]  For initial travel from his home to Carson City, Nevada, to attend a regular or special session of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a regular or special session of the legislature, each senator and assemblyman shall receive the travel expenses and per diem expense allowance provided for in NRS 281.160.

      3.  In addition to the travel expenses authorized by subsection 2, each senator and assemblyman shall be entitled to receive not to exceed the total sum of $350 as a supplemental travel allowance for traveling to and from his home or temporary residence during each regular session of the legislature and not to exceed the total sum of $125 as a supplemental travel allowance for traveling to and from his home or temporary residence during each special session of the legislature.

      4.  Each senator and assemblyman shall be allowed:

      (a) For the first 60 days that the legislature is in regular session a per diem expense allowance of $25 per day.

 


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ê1965 Statutes of Nevada, Page 258 (Chapter 143, AB 442)ê

 

      (b) For the 61st and subsequent days that the legislature is in regular session a per diem expense allowance of $15 per day.

      (c) For the first 20 days that the legislature is in special session a per diem expense allowance of $25 per day.

      (d) For the 21st and subsequent days that the legislature is in special session a per diem expense allowance of $15 per day.

      [4.] 5.  Claims for expenses made under the provisions of this section shall be made in the same manner as other claims are made against the state, and shall be allowed and paid from the legislative fund. [once each week.] Claims for per diem expense allowances authorized by subsection 4 shall be allowed and paid once each week during a legislative session.

      Sec. 2.  On the effective date of this act, each senator and assemblyman of the 53rd session of the legislature shall be entitled to receive not to exceed the total sum of $350 to be paid from the legislative fund as a supplemental travel allowance pursuant to the provisions of subsection 3 of NRS 218.220 as amended by this act less any amount of money paid to him between January 18, 1965, and the effective date of this act pursuant to the provisions of subsection 2 of NRS 218.220 as that subsection read prior to its amendment by this act.

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

 

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CHAPTER 144, SB 12

Senate Bill No. 12–Senator Berrum

CHAPTER 144

AN ACT to amend NRS sections 550.010 to 550.030, inclusive, and 550.050 to 550.100, inclusive, and chapter 550 of NRS, relating to the state 4-H camp institute, by vesting title in the board of regents of the University of Nevada, requiring funds to be kept in a separate account, authorizing the sale, lease or exchange of unsuitable land and restricting the use of the proceeds, and by adding new sections providing for acceptance of gifts and creating the state 4-H camp advisory council; to repeal NRS sections 550.040 and 550.110, relating to the duties of the director of the agricultural extension department of the public service division of the University of Nevada and payment for land purchased; and providing other matters properly relating thereto.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 550.010 is hereby amended to read as follows:

      550.010  As used in this chapter, unless the context otherwise requires: [, “institute” means the state 4-H camp institute and exhibit.]

      1.  “Board of regents” means the board of regents of the University of Nevada.

      2.  “Director” means the director of the agricultural extension department of the public service division of the University of Nevada.

 


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ê1965 Statutes of Nevada, Page 259 (Chapter 144, SB 12)ê

 

      3.  “State 4-H camp” means the state 4-H camp institute and exhibit.

      Sec. 2.  NRS 550.020 is hereby amended to read as follows:

      550.020  The state 4-H camp institute and [state] exhibit [of boys’ and girls’ club work] located [at the state 4-H club camp] in Douglas County, Nevada, [on March 27, 1947,] is hereby continued and established [as a state institution under the name of the state 4-H camp institute and exhibit and located in Douglas County, Nevada,] with branches, as or when located, in the respective counties of this state [.] , as a part of the cooperative extension work undertaken by the State of Nevada pursuant to NRS 396.690, and for other purposes.

      Sec. 3.  NRS 550.030 is hereby amended to read as follows:

      550.030  [1.  The functions of the institute are to improve rural life by helping 4-H clubs and others in the work of teaching and exhibiting to boys and girls the standards of life embodied in the creed of 4-H clubs in the United States and the means of making a better living in agriculture and home economics.

      2.  It is also contemplated that the institute shall render such help to discover and develop leadership, aptitude and skills to teach, demonstrate and thus continue such work.] The purpose of the state 4-H camp is to provide a living environment to members of 4-H clubs and other youth groups which is conducive to stimulating the development of youth to a high standard of useful and productive citizenship. The state 4-H camp shall render assistance and conduct such programs as will develop leadership aptitudes, skills and other attributes necessary for the intellectual and physical development of the youth to be served and thus perpetuate the work embodied in the creed of the 4-H clubs of the United States.

      Sec. 4.  NRS 550.050 is hereby amended to read as follows:

      550.050  1.  The director, [of the agricultural extension department of the public service division of the University of Nevada,] under the supervision and control of the board of regents, [of the University of Nevada,] is authorized and directed:

      (a) To [take possession of,] care for, [and] manage and develop all property, lands, buildings and equipment of the [institute (subject to the paramount title of the State of Nevada).] state 4-H camp.

      (b) To make uniform regulations for the use and occupancy thereof, not contrary to the provisions of this chapter [.] , giving priority of use first to Nevada 4-H club members and second to other youth groups of the state.

      (c) To attend to the entire business and financial affairs of the [institute.] state 4-H camp, including submission of a specific budget to the board of regents for the development, operation and management of the property.

      2.  To that end, the director [of the agricultural extension department of the public service division on the University of Nevada may] shall cooperate with [farm and livestock organizations in this state, the United States Forest Service, the state park commission, counties and cities in this state, private organizations and individuals in order to carry out the purposes of this chapter.] the state 4-H camp advisory council, the state 4-H leaders’ council, youth organizations, farm organizations, counties and cities in this state, and other private or government organizations or individuals deemed advisable in order to carry out the purposes of this chapter.

 


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ê1965 Statutes of Nevada, Page 260 (Chapter 144, SB 12)ê

 

council, the state 4-H leaders’ council, youth organizations, farm organizations, counties and cities in this state, and other private or government organizations or individuals deemed advisable in order to carry out the purposes of this chapter.

      Sec. 5.  NRS 550.060 is hereby amended to read as follows:

      550.060  The lands, premises and property of the [institute,] state 4-H camp, or any [of the same,] part thereof, may, when not required for immediate use or occupancy [,] by 4-H members or youth organizations, be made available, under regulations prescribed by the director [of the agricultural extension department of the public service division of the University of Nevada,] with the approval of the board of regents, [of the University of Nevada,] for occupancy and use by other public or private organizations, for educational purposes, for conventions or other noncommercial and nonprofit purposes, at such charge or rental as shall be compensatory, but not primarily for profit. [nor in competition with private enterprise.]

      2.  All moneys received in payment of such rents or charges shall be credited to the account of the [institute] state 4-H camp. All disbursements [for the institute] for the state 4-H camp shall be made on claims against the account [as part of the available funds for agricultural extension provided for the public service division of the University of Nevada, or in cooperation with state and federal laws, or otherwise.] , which shall be established specifically for the state 4-H camp and its activities.

      Sec. 6.  NRS 550.070 is hereby amended to read as follows:

      550.070  [No lands used by the institute and belonging to the State of Nevada shall be sold except pursuant to express authority from the legislature in each case or class of cases affected, and all such lands shall be held subject to any limitations, covenants, conditions and reversions that may be contained in the contracts or conveyances under which they were or may be acquired.] The board of regents, upon the recommendation of the director and the state 4-H camp advisory council, and with the approval of the governor, may lease, exchange or sell any parcel or parcels of real property composing the state 4-H camp when such land can no longer serve the purpose and intent of this chapter. When any such land is so leased or sold, the proceeds shall be credited to the account of the state 4-H camp and used, consistently with the purpose and intent of this chapter, only for:

      1.  Further development and operations of the present state 4-H camp;

      2.  Reestablishment and development of the state 4-H camp on a new site; or

      3.  Establishment and development of branches.

      Sec. 7.  NRS 550.080 is hereby amended to read as follows:

      550.080  1.  With the approval of the board of regents [of the University of Nevada,] and the 4-H camp advisory council, the director [of the agricultural extension department of the public service division of the University of Nevada] is authorized to conduct negotiations with public or private agencies for:

      (a) The acquisition or granting of rights-of-way.

      (b) The adjustment of boundaries.

 


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ê1965 Statutes of Nevada, Page 261 (Chapter 144, SB 12)ê

 

      (c) Adequate highways and means of ingress and egress [respecting] to and from the site of the [institute.] state 4-H camp.

      (d) Adequate fire and other protection.

      (e) Necessary water, sewer and utility services.

      2.  No such negotiations shall bind the [State of Nevada] board of regents or require the conveyance by it of any lands or rights in or to lands, [the record title of which is or shall be in the State of Nevada,] unless or until the same shall be ratified and specifically authorized by the [legislature.] board of regents.

      Sec. 8.  NRS 550.090 is hereby amended to read as follows:

      550.090  1.  Any county in which is maintained [a 4-H club of 25 or more members] an active 4-H club program as disclosed by the records of the director [of the agricultural extension department of the public service division of the University of Nevada] may erect a building on the lands occupied by the [institute,] state 4-H camp and its branches, subject to uniform regulations prescribed by the director [of the agricultural extension department of the public service division of the University of Nevada] and approved by the board of regents. [of the University of Nevada.] The building may be reserved and devoted in whole or in part for the use of the county and the benefit of the 4-H clubs of the county [.] , subject to approved occupancy and use regulations. Funds for [the same] such a building may be appropriated by the board of county commissioners from the county general fund of the county affected.

      2.  Any such building previously so erected [prior to March 27, 1947,] may be subject to continued use and occupancy, with the right to improve or enlarge the same [as in the case of such buildings erected after March 27, 1947.] , consistently with the intent and purpose of this chapter.

      Sec. 9.  NRS 550.100 is hereby amended to read as follows:

      550.100  The title to the site of the state 4-H camp in Douglas County, Nevada, [and of an additional strip of land west of the same and bordering on Lake Tahoe, comprising 4 acres, more or less, is and shall be vested in the State of Nevada, subject to the conditions of the contract for the purchase of such tracts, and deeds and instruments shall be prepared assigning, conveying and evidencing such title absolutely to the State of Nevada as soon as practicable after payment has been made therefor under the provisions of such contracts and this chapter, and not otherwise.] as existing on January 1, 1965, is hereby vested in the board of regents, who are hereby authorized and directed to take possession of the state 4-H camp property.

      Sec. 10.  Chapter 550 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 and 12 of this act.

      Sec. 11.  The board of regents may receive donations or gifts from private or public organizations specifically for the development and operation of the state 4-H camp property, subject to the over-all development plans prescribed by the director and approved by the board of regents and the 4-H camp advisory council.

      Sec. 12.  The state 4-H camp advisory council is hereby created, to consist of 12 members chosen for terms of 3 years as follows:

 


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ê1965 Statutes of Nevada, Page 262 (Chapter 144, SB 12)ê

 

      1.  Four members from the leaders of 4-H clubs in this state, elected by the leaders.

      2.  Two members appointed by the president of the University of Nevada.

      3.  Four members designated from among its members by the Nevada Farm Bureau.

      4.  Two members from the agricultural extension service, elected by the county agents.

      Sec. 13.  NRS 550.040 and 550.110 are hereby repealed.

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

 

________

 

 

CHAPTER 145, SB 32

Senate Bill No. 32–Senator Dial

CHAPTER 145

AN ACT to amend chapter 693 of NRS, relating to certain types of insurance and motor clubs, by adding a new section providing for the service of process on motor clubs.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 693 of NRS is hereby amended by adding thereto a new section which shall read as follows:

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

      2.  Process authorized by such instrument or by any similar instrument heretofore executed shall be served by delivering to and leaving with the commissioner duplicate copies of such process with payment of the fee prescribed by this Title, and the service thereof upon such attorney shall be deemed service upon the motor club. The commissioner shall forthwith forward one copy of each such process by registered or certified mail prepaid to the motor club, giving the day and the hour of such service. Service of such process shall not be complete until the copy thereof has been so mailed and received by the motor club, and the receipt, when received by the commissioner, shall be prima facie evidence of the completion of such service. If service of summons is made upon the commissioner in accordance with the provisions of this section, the time within which the motor club is required to appear shall be extended 10 days.

 


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ê1965 Statutes of Nevada, Page 263 (Chapter 145, SB 32)ê

 

summons is made upon the commissioner in accordance with the provisions of this section, the time within which the motor club is required to appear shall be extended 10 days.

 

________

 

 

CHAPTER 146, SB 37

Senate Bill No. 37–Committee on Aviation, Transportation and Highways

CHAPTER 146

AN ACT to amend NRS sections 485.150, 485.190 and 485.380, relating to reports of accidents, security following an accident and self-insurers under the Motor Vehicle Safety Responsibility Act, by increasing the money amount of damage required to file accident reports and requiring that self-insurers have vehicles registered in Nevada; to amend chapter 485 of NRS, relating to motor vehicle safety responsibility, by adding a new section providing a penalty for failure to file an accident report; and providing other matters properly relating thereto.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 485 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      If a person willfully fails, refuses or neglects to make a report of an accident in accordance with the provisions of this chapter, his driving privilege may be suspended. Suspension action taken under this section shall remain in effect for 1 year unless terminated by receipt of the report of the accident or upon receipt of evidence that failure to report was not willful.

      Sec. 2.  NRS 485.380 is hereby amended to read as follows:

      485.380  1.  Any person in whose name more than 25 motor vehicles are registered in the State of Nevada may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the division as provided in subsection 2 of this section.

      2.  The division may, upon the application of such a person issue a certificate of self-insurance when it is satisfied that such person is possessed and will continue to be possessed of ability to pay judgments obtained against such person.

      3.  Upon not less than 5 days’ notice and a hearing pursuant to such notice, the division may, upon reasonable grounds, cancel a certificate of self-insurance. Failure to pay any judgment within 30 days after such judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.

      Sec. 3.  NRS 485.150 is hereby amended to read as follows:

      485.150  1.  Except as provided in subsection 2, the operator of every motor vehicle which is in any manner involved in an accident within this state, in which any person is killed or injured or in which damage to the property of any one person, including himself, in excess of [$100] $250 is sustained, shall within 10 days after such accident report the matter in writing to the division.

 


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ê1965 Statutes of Nevada, Page 264 (Chapter 146, SB 37)ê

 

      2.  In the case of any operator of any motor vehicle subject to the jurisdiction of the Interstate Commerce Commission or the public service commission of Nevada, such report need not be filed until the 10th day of the month following the month in which the accident occurred.

      Sec. 4.  NRS 485.190 is hereby amended to read as follows:

      485.190  1.  If 20 days after the receipt of a report of a motor vehicle accident within this state which has resulted in bodily injury or death, or damage to the property of any one person in excess of [$100,] $250, the division does not have on file evidence satisfactory to it that the person who would otherwise be required to file security under subsection 2 of this section has been released from liability, or has been finally adjudicated not to be liable, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the division shall determine the amount of security which shall be sufficient in its judgment to satisfy any judgment or judgments for damages resulting from such accident as may be recovered against each operator or owner.

      2.  The division shall, within 60 days after the receipt of such report of a motor vehicle accident, suspend the license of each operator and all registrations of each owner of a motor vehicle in any manner involved in such accident, and, if the operator is a nonresident, the privilege of operating a motor vehicle within this state, and, if such owner is a nonresident, the privilege of the use within this state of any motor vehicle owned by him, unless such operator or owner or both shall deposit security in the sum so determined by the division. Notice of such suspension shall be sent by the division to such operator and owner not less than 10 days prior to the effective date of such suspension and shall state the amount required as security. Where erroneous information is given the division with respect to the matters set forth in subsections 1, 2 or 3 of NRS 485.200, the division shall take appropriate action as hereinbefore provided within 60 days after it receives correct information with respect to such matters.

 

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CHAPTER 147, SB 189

Senate Bill No. 189–Committee on Labor

CHAPTER 147

AN ACT to amend NRS section 616.615, relating to industrial insurance death benefits, by increasing the maximum burial expense allowance.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  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:

 

 


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ê1965 Statutes of Nevada, Page 265 (Chapter 147, SB 189)ê

 

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.] $650. 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.

      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.

 


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ê1965 Statutes of Nevada, Page 266 (Chapter 147, SB 189)ê

 

      (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 reached 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 $240 a month shall not be taken into account in computing compensation for death benefits.

      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.

 

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ê1965 Statutes of Nevada, Page 267ê

 

CHAPTER 148, SB 198

Senate Bill No. 198–Senator Titlow

CHAPTER 148

AN ACT authorizing Nye County to enlarge, maintain, repair and reconstruct the Nye County Hospital; concerning the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $100,000.00 and the levy of taxes in connection therewith; providing other details concerning the bonds and the taxes; and providing other matters properly relating thereto.

 

[Approved March 19, 1965]

 

      Whereas, The Board of County Hospital Trustees of Nye County and the Board of County Commissioners of the County of Nye, in the State of Nevada (herein sometimes designated as the “Hospital Board,” the “County Board,” the “County,” and the “State,” respectively), ordered the submission of, and there was submitted, at the general election held in the County on Tuesday, the 3rd day of November, 1964 (herein sometimes designated as the “election”), to the duly qualified electors of the County, a proposal authorizing the County to incur an indebtedness by the issuance of the County’s negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of $100,000.00, or so much thereof as may be necessary, for the purpose of enlarging, maintaining, repairing and reconstructing the Nye County Hospital (herein sometimes designated as the “Project”), said bonds to bear interest at a rate or rates not exceeding 6 percent per annum, and to mature serially according to law, commencing not later than 3 years and ending not later than 20 years from the date of the bonds, payable from general (ad valorem) taxes (except to the extent other moneys are available therefor) by the levy of not to exceed two mills on the dollar annually upon the taxable property in the County, and to be issued and sold in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the County Board may determine, including at its option, but not necessarily limited to, provisions for the redemption of bonds prior to maturity without or with the payment of a premium; and

      Whereas, Said proposal was approved by a majority voting thereon of those qualified electors who were owners of, or spouses of owners of, real property assessed on the County assessment roll and also by a majority voting thereon of all other qualified electors of the County; and

      Whereas, It is hereby declared, as a matter of legislative determination, with the concurrence of the County Board and the Hospital Board, that existing legal limitations are unduly restrictive and by their modification a more economical and otherwise superior plan of financing the Project can be achieved; now, therefore,

 

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

do enact as follows:

 

      Section 1.  The County, acting by and through the County Board, in addition to the powers elsewhere conferred upon the County, is hereby authorized and empowered, upon its behalf, without the necessity of another election or other or further preliminaries, to issue the County’s negotiable, coupon, general obligation bonds (herein sometimes designated as the “bonds”), in the aggregate principal amount of not exceeding $100,000.00, or such lesser amount as may be necessary, for the purpose of enlarging, maintaining, repairing and reconstructing the Nye County Hospital, including, without limitation, acquiring a building or buildings therefor, improvements incidental thereto, and sites and grounds, equipment, and furnishings therefor.

 


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ê1965 Statutes of Nevada, Page 268 (Chapter 148, SB 198)ê

 

hereby authorized and empowered, upon its behalf, without the necessity of another election or other or further preliminaries, to issue the County’s negotiable, coupon, general obligation bonds (herein sometimes designated as the “bonds”), in the aggregate principal amount of not exceeding $100,000.00, or such lesser amount as may be necessary, for the purpose of enlarging, maintaining, repairing and reconstructing the Nye County Hospital, including, without limitation, acquiring a building or buildings therefor, improvements incidental thereto, and sites and grounds, equipment, and furnishings therefor.

      Sec. 2.  1.  The bonds shall be sold at public sale in accordance with NRS 350.120 to 350.160, inclusive, for not less than the principal amount thereof and accrued interest thereon, or, at the option of the County Board, below par at a discount of not exceeding 6 percent of the principal amount thereof and at a price which will not result in a net interest cost to the County of more than 6 percent per annum computed to maturity according to standard tables of bond values including as a part of such cost the amount of discount permitted by the County Board on the sale of the bonds.

      2.  No discount (except as herein otherwise provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.

      3.  The County Board may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.

      4.  Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Project, which cost, at the option of the County Board, may include all or any part of the incidental costs appertaining to the Project, including without limiting the generality of the foregoing, preliminary expenses advanced by the County from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the election, any bond sale, or otherwise appertaining to the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the County Board.

      5.  Any unexpended balance of bond proceeds remaining after the completion of the Project shall be paid immediately into a fund created for the payment of the principal of and interest on the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and in the proceedings authorizing their issuance.

 


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ê1965 Statutes of Nevada, Page 269 (Chapter 148, SB 198)ê

 

      6.  The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the Project.

      7.  The purchaser or purchasers of any bonds shall in no manner be responsible for the application of the proceeds of the bonds by the County, the County Board, the Hospital Board, or any of the officers, agents and employees of the County.

      8.  No bonds hereby authorized shall be delivered after the expiration of 5 years from the effective date of this act.

      Sec. 3.  The bonds may be issued at one time or from time to time in one series or more. Each series of bonds shall be authorized by ordinance of the County.

      Sec. 4.  Any ordinance may provide that each bond therein authorized shall recite that it is issued under authority hereof. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.

      Sec. 5.  1.  The bonds of any series hereunder shall:

      (a) Be of convenient denominations;

      (b) Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment;

      (c) Mature serially in regular numerical order at annual or other designated intervals, in not exceeding 20 years from the date of the bonds, and commencing not later than 3 years therefrom, in equal amounts of principal, upon an amortization plan, or in any other manner the County Board may determine;

      (d) 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 appertaining to any bond may represent, or the first interest payment date may be for, interest accruing for any period not in excess of one year;

      (e) Have interest coupons attached in such manner or otherwise appertain to the bonds so that the coupons can be presented for payment of the installments of interest without injury to or presentation of the bonds (unless the bonds be registered for payment as to both principal and interest and there thus be no coupons), each of which coupons shall be consecutively numbered and shall bear the number of the bond to which it appertains;

      (f) Be made payable in lawful money of the United States of America, at such place or places within or without or both within and without the State, as may be provided by the County Board; and

      (g) Be printed at such place within or without the State, as the County Board may determine.

      2.  Any ordinance authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, not exceeding 6 percent of the principal amount of each bond so redeemed, as the County Board may determine and state in the ordinance.

      3.  Bonds may be issued with privileges for registration for payment as to principal alone, or both principal and interest, at any bondholder’s option, or for registration for payment only in either manner designated; and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon or for reconverting the bonds into coupon bonds, or both for such endorsement and such reconversion.

 


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ê1965 Statutes of Nevada, Page 270 (Chapter 148, SB 198)ê

 

bondholder’s option, or for registration for payment only in either manner designated; and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon or for reconverting the bonds into coupon bonds, or both for such endorsement and such reconversion.

      4.  The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the County Board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.

      5.  Pending preparations of the definitive bonds, temporary bonds in such form and with such provisions as the County Board may determine may be issued.

      6.  Subject to the payment provisions herein expressly provided, the bonds, any interest coupons appertaining thereto, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.

      7.  Notwithstanding any other provision of law, the County Board in any proceedings authorizing bonds hereunder:

      (a) May provide for the initial issuance of one or more bonds (in this subsection 7 called “bond”) aggregating the amount of the entire issue or any portion thereof;

      (b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable, and for the endorsing of payments of principal on such bond;

      (c) May provide for the making of any such bond payable to bearer or otherwise, registerable for payment as elsewhere provided herein, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bonds; and

      (d) May make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds, or bonds registered for payment, or coupon bonds with provisions for registration for payment.

      8.  In case any outstanding bond shall become mutilated, or be destroyed, stolen or lost, the County may authenticate and deliver a new bond (with appropriate coupons attached unless registered for payment as to interest) of like tenor, number and amount as the bond and appurtenant coupons, if any, so mutilated, destroyed, stolen or lost:

      (a) In exchange and substitution for such mutilated bond and appurtenant coupons, if any; or

      (b) In lieu of and substitution for the bond and appurtenant coupons, if any, destroyed, stolen or lost:

             (1) Upon filing with the County evidence satisfactory to the County Board that such bond and appurtenant coupons, if any, have been destroyed, stolen or lost, and proof of ownership thereof; and

             (2) Upon furnishing the County with indemnity satisfactory to the County Board, upon complying with such reasonable regulations as the County Board may prescribe, and upon the payment of such expenses as the County may incur in connection therewith.

 


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ê1965 Statutes of Nevada, Page 271 (Chapter 148, SB 198)ê

 

as the County Board may prescribe, and upon the payment of such expenses as the County may incur in connection therewith.

      9.  The County may also reissue any outstanding bond (upon such terms and conditions as the County Board and the holder thereof, or, if registered for payment to other than bearer, the registered owner thereof, may determine ) which shall not have become mutilated, destroyed, stolen or lost, regardless of whether so provided in any proceedings authorizing its issuance.

      10.  Any bond shall be executed in the name of and on behalf of the County, signed by the chairman of the County Board, countersigned by the county treasurer, with the seal of the County affixed thereto, and attested by the county clerk.

      11.  Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the county treasurer.

      12.  Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)

      13.  The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the County, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.

      14.  Any officer authorized or permitted to sign any bond or coupons, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons appertaining thereto, or upon both the bond and such coupons.

      Sec. 6.  Bonds issued hereunder shall be a debt of the County, and the County shall thereby pledge its full faith and credit for their payment.

      Sec. 7.  1.  The bonds authorized to be issued under the provisions hereof shall be payable from general (ad valorem) taxes levied against all of the taxable property in the County, including the net proceeds of mines.

      2.  Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the State, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, after making due allowances for probable delinquencies, to be levied on all such taxable property within the boundaries of the County, without limitation as to rate or amount (except for the designated constitutional limitation) and without regard to any statutory limitation now or hereafter existing.

      3.  It shall be the duty of the County Board and of any other body as may be charged with the duty of levying taxes in the County, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as the same become due.

 


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

ê1965 Statutes of Nevada, Page 272 (Chapter 148, SB 198)ê

 

      4.  In case the moneys produced from such levies, together with any other revenues of the County available therefor, are not sufficient to pay the principal of and interest on the bonds as the same become due, and to pay any defaults and deficiencies, the County Board shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be made and continued to be levied until the bonds (as well as any other bonded debt of the County) are fully paid.

      5.  Any such tax levy shall enjoy the same priority as provided by NRS 350.250, as from time to time amended, for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the State.

      6.  The County may pay the principal of and interest on any bonds from any available revenues, and the levy or levies of general (ad valorem) taxes herein provided may be diminished to the extent such other revenues are available for the payment of such principal and interest.

      Sec. 8.  1.  Before the County Board shall cause to be delivered bonds hereunder, all such bonds shall be registered by the county treasurer in a book kept in his office for that purpose.

      2.  The register shall show:

      (a) The amount of the bonds;

      (b) The time of payment; and

      (c) The rate or rates of interest which the bonds bear.

      3.  After registration by the county treasurer, he shall cause the bonds to be delivered to the purchaser or purchasers thereof from the County, upon payment being made therefor on the terms of the sale or sales.

      Sec. 9.  Whenever the county treasurer shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or by stamping thereon the word “Paid,” together with the date of its payment, sign his name thereto, and transmit the same to the county auditor, taking his receipt therefor, which receipt shall subsequently be filed with the county clerk’s records. The county auditor shall credit the county treasurer on his books for the amount so paid.

      Sec. 10.  No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal and the interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.

      Sec. 11.  Bonds issued hereunder, their transfer, and the income therefrom shall forever be and remain free and exempt from taxation by the State and any subdivision thereof.

      Sec. 12.  It shall be legal for the State and any of its agencies, departments, instrumentalities, corporations, or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank, or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds.

 


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

ê1965 Statutes of Nevada, Page 273 (Chapter 148, SB 198)ê

 

company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds. The bonds shall be authorized security for all public deposits. Nothing contained in this section with regard to legal investments shall be construed as relieving the State, any representative of the State, any other public body, corporation, or other person of any duty of exercising reasonable care in selecting securities.

      Sec. 13.  The exercise of any power herein authorized by the County Board upon behalf of the County has been determined, and is hereby declared, to effect a public purpose; and the Project, as herein authorized, shall effect a public purpose.

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

      Sec. 15.  1.  This act, without reference to other statutes of the State, except as herein otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted concerning the borrowing of money to finance the Project wholly or in part and the issuance of bonds or other securities to evidence such loans.

      2.  No other act or law with regard to the authorization or issuance of securities or the exercise of any other power herein granted that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.

      3.  The provisions of no other law, either general, special, or local, except as provided herein, shall apply to the doing of the things herein authorized to be done; and no public body, other than the County acting by and through the County Board, shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done.

      4.  The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law.

      5.  Nothing contained in this act shall be construed as preventing the exercise of any power granted to the County, acting by and through the Hospital Board, the County Board, or any officer, agent, or employee thereof, by any other law.

      6.  No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.

      Sec. 16.  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. 17.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1965 Statutes of Nevada, Page 274ê

 

CHAPTER 149, SB 199

Senate Bill No. 199–Senator Titlow

CHAPTER 149

AN ACT authorizing Nye County to construct and otherwise acquire court house and justice’s court facilities; concerning the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $120,000.00 and the levy of taxes in connection therewith; providing other details concerning the bonds and the taxes; and providing other matters properly relating thereto.

 

[Approved March 19, 1965]

 

      Whereas, The Board of County Commissioners of the County of Nye, in the State of Nevada (herein sometimes designated as the “Board,” the “County,” and the “State,” respectively), ordered the submission of, and there was submitted, at the general election held in the County on Tuesday, the 3rd day of November, 1964 (herein sometimes designated as the “election”), to the duly qualified electors of the County, a proposal authorizing the County to incur an indebtedness by the issuance of the County’s negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of $120,000.00, or so much thereof as may be necessary, for the purpose of constructing and otherwise acquiring court house and justice’s court facilities, and of providing improvements thereto, equipment and furnishings therefor, and suitable sites or grounds therefor (herein sometimes designated as the “Project”), said bonds to bear interest at a rate or rates not exceeding 6 percent per annum, and to mature serially according to law, commencing not later than 3 years and ending not later than 20 years from the date of the bonds, payable from general (ad valorem) taxes (except to the extent other moneys are available therefor), and to be issued and sold in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the Board may determine, including at its option, but not necessarily limited to, provisions for the redemption of bonds prior to maturity without or with the payment of a premium; and

      Whereas, Said proposal was approved by a majority voting thereon of those qualified electors who were owners of, or spouses of owners of, real property assessed on the County assessment roll and also by a majority voting thereon of all other qualified electors of the County; and

      Whereas, It is hereby declared, as a matter of legislative determination, that existing grants of power are insufficient and existing legal limitations are unduly restrictive, and by their modification a more economical and otherwise superior plan of financing the Project can be achieved; now, therefore,

 

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

do enact as follows:

 

      Section 1.  The County, acting by and through the Board, in addition to the powers elsewhere conferred upon the County, is hereby authorized and empowered, upon its behalf, without the necessity of another election or other or further preliminaries, to issue the County’s negotiable, coupon, general obligation bonds (herein sometimes designated as the “bonds”), in the aggregate principal amount of not exceeding $120,000.00, or such lesser amount as may be necessary, for the purpose of constructing and otherwise acquiring court house and justice’s court facilities, and of providing improvements thereto, equipment and furnishings therefor, and suitable sites or grounds therefor.

 


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

ê1965 Statutes of Nevada, Page 275 (Chapter 149, SB 199)ê

 

negotiable, coupon, general obligation bonds (herein sometimes designated as the “bonds”), in the aggregate principal amount of not exceeding $120,000.00, or such lesser amount as may be necessary, for the purpose of constructing and otherwise acquiring court house and justice’s court facilities, and of providing improvements thereto, equipment and furnishings therefor, and suitable sites or grounds therefor.

      Sec. 2.  1.  The bonds shall be sold at public sale in accordance with NRS 350.120 to 350.160, inclusive, for not less than the principal amount thereof and accrued interest thereon, or, at the option of the Board, below par at a discount of not exceeding 6 percent of the principal amount thereof and at a price which will not result in a net interest cost to the County of more than 6 percent per annum computed to maturity according to standard tables of bond values including as a part of such cost the amount of discount permitted by the Board on the sale of the bonds.

      2.  No discount (except as herein otherwise provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.

      3.  The Board may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.

      4.  Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Project, which cost, at the option of the Board, may include all or any part of the incidental costs appertaining to the Project, including without limiting the generality of the foregoing, preliminary expenses advanced by the County from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the election, any bond sale, or otherwise appertaining to the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the Board.

      5.  Any unexpended balance of bond proceeds remaining after the completion of the Project shall be paid immediately into a fund created for the payment of the principal of and interest on the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and in the proceedings authorizing their issuance.

      6.  The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the Project.

 


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

ê1965 Statutes of Nevada, Page 276 (Chapter 149, SB 199)ê

 

      7.  The purchaser or purchasers of any bonds shall in no manner be responsible for the application of the proceeds of the bonds by the County, the Board, or any of the officers, agents and employees of the County.

      8.  No bonds hereby authorized shall be delivered after the expiration of 5 years from the effective date of this act.

      Sec. 3.  The bonds may be issued at one time or from time to time in one series or more. Each series of bonds shall be authorized by ordinance of the County.

      Sec. 4.  Any ordinance may provide that each bond therein authorized shall recite that it is issued under authority hereof. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.

      Sec. 5.  1.  The bonds of any series hereunder shall:

      (a) Be of convenient denominations;

      (b) Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment;

      (c) Mature serially in regular numerical order at annual or other designated intervals, in not exceeding 20 years from the date of the bonds, and commencing not later than 3 years therefrom, in equal amounts of principal, upon an amortization plan, or in any other manner the Board may determine;

      (d) 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 appertaining to any bond may represent, or the first interest payment date may be for, interest accruing for any period not in excess of 1 year;

      (e) Have interest coupons attached in such manner or otherwise appertain to the bonds so that the coupons can be presented for payment of the installments of interest without injury to or presentation of the bonds (unless the bonds be registered for payment as to both principal and interest and there thus be no coupons), each of which coupons shall be consecutively numbered and shall bear the number of the bond to which it appertains;

      (f) Be made payable in lawful money of the United States of America, at such place or places within or without or both within and without the State, as may be provided by the Board; and

      (g) Be printed at such place within or without the State, as the Board may determine.

      2.  Any ordinance authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, not exceeding 6 percent of the principal amount of each bond so redeemed, as the Board may determine and state in the ordinance.

      3.  Bonds may be issued with privileges for registration for payment as to principal alone, or both principal and interest, at any bondholder’s option, or for registration for payment only in either manner designated; and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon or for reconverting the bonds into coupon bonds, or both for such endorsement and such reconversion.

 


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

ê1965 Statutes of Nevada, Page 277 (Chapter 149, SB 199)ê

 

of payments of interest thereon or for reconverting the bonds into coupon bonds, or both for such endorsement and such reconversion.

      4.  The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the Board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.

      5.  Pending preparations of the definitive bonds, temporary bonds in such form and with such provisions as the Board may determine may be issued.

      6.  Subject to the payment provisions herein expressly provided, the bonds, any interest coupons appertaining thereto, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.

      7.  Notwithstanding any other provision of law, the Board in any proceedings authorizing bonds hereunder:

      (a) May provide for the initial issuance of one or more bonds (in this subsection 7 called “bond”) aggregating the amount of the entire issue or any portion thereof;

      (b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable, and for the endorsing of payments of principal on such bond;

      (c) May provide for the making of any such bond payable to bearer or otherwise, registerable for payment as elsewhere provided herein, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond; and

      (d) May make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds, or bonds registered for payment, or coupon bonds with provisions for registration for payment.

      8.  In case any outstanding bond shall become mutilated, or be destroyed, stolen or lost, the County may authenticate and deliver a new bond (with appropriate coupons attached unless registered for payment as to interest) of like tenor, number and amount as the bond and appurtenant coupons, if any, so mutilated, destroyed, stolen or lost:

      (a) In exchange and substitution for such mutilated bond and appurtenant coupons, if any; or

      (b) In lieu of and substitution for the bond and appurtenant coupons, if any, destroyed, stolen or lost:

             (1) Upon filing with the County evidence satisfactory to the Board that such bond and appurtenant coupons, if any, have been destroyed, stolen or lost, and proof of ownership thereof; and

             (2) Upon furnishing the County with indemnity satisfactory to the Board,

upon complying with such reasonable regulations as the Board may prescribe, and upon the payment of such expenses as the County may incur in connection therewith.

 


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

ê1965 Statutes of Nevada, Page 278 (Chapter 149, SB 199)ê

 

      9.  The County may also reissue any outstanding bond (upon such terms and conditions as the Board and the holder thereof, or, if registered for payment to other than bearer, the registered owner thereof, may determine) which shall not have become mutilated, destroyed, stolen or lost, regardless of whether so provided in any proceedings authorizing its issuance.

      10.  Any bond shall be executed in the name of and on behalf of the County, signed by the chairman of the Board, countersigned by the county treasurer, with the seal of the County affixed thereto, and attested by the county clerk.

      11.  Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the county treasurer.

      12.  Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)

      13.  The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the County, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.

      14.  Any officer authorized or permitted to sign any bond or coupons, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons appertaining thereto, or upon both the bond and such coupons.

      Sec. 6.  Bonds issued hereunder shall be a debt of the County, and the County shall thereby pledge its full faith and credit for their payment.

      Sec. 7.  1.  The bonds authorized to be issued under the provisions hereof shall be payable from general (ad valorem) taxes levied against all of the taxable property in the County, including the net proceeds of mines.

      2.  Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the State, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, after making due allowances for probable delinquencies, to be levied on all such taxable property within the boundaries of the County, without limitation as to rate or amount (except for the designated constitutional limitation) and without regard to any statutory limitation now or hereafter existing.

      3.  It shall be the duty of the Board and of any other body as may be charged with the duty of levying taxes in the County, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as the same become due.

      4.  In case the moneys produced from such levies, together with any other revenues of the County available therefor, are not sufficient to pay the principal of and interest on the bonds as the same become due, and to pay any defaults and deficiencies, the Board shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be made and continue to be levied until the bonds (as well as any other bonded debt of the County) are fully paid.

 


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

ê1965 Statutes of Nevada, Page 279 (Chapter 149, SB 199)ê

 

additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be made and continue to be levied until the bonds (as well as any other bonded debt of the County) are fully paid.

      5.  Any such tax levy shall enjoy the same priority as provided by NRS 350.250, as from time to time amended, for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the State.

      6.  The County may pay the principal of and interest on any bonds from any available revenues, and the levy or levies of general (ad valorem) taxes herein provided may be diminished to the extent such other revenues are available for the payment of such principal and interest.

      Sec. 8.  1.  Before the Board shall cause to be delivered bonds hereunder, all such bonds shall be registered by the county treasurer in a book kept in his office for that purpose.

      2.  The register shall show:

      (a) The amount of the bonds;

      (b) The time of payment; and

      (c) The rate or rates of interest which the bonds bear.

      3.  After registration by the county treasurer, he shall cause the bonds to be delivered to the purchaser or purchasers thereof from the County, upon payment being made therefor on the terms of the sale or sales.

      Sec. 9.  Whenever the county treasurer shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or by stamping thereon the word “Paid,” together with the date of its payment, sign his name thereto, and transmit the same to the county auditor, taking his receipt therefor, which receipt shall subsequently be filed with the county clerk’s records. The county auditor shall credit the county treasurer on his books for the amount so paid.

      Sec. 10.  No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal and the interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.

      Sec. 11.  Bonds issued hereunder, their transfer, and the income therefrom shall forever be and remain free and exempt from taxation by the State and any subdivision thereof.

      Sec. 12.  It shall be legal for the State and any of its agencies, departments, instrumentalities, corporations, or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank, or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds. The bonds shall be authorized security for all public deposits.

 


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

ê1965 Statutes of Nevada, Page 280 (Chapter 149, SB 199)ê

 

deposits. Nothing contained in this section with regard to legal investments shall be construed as relieving the State, any representative of the State, any other public body, corporation, or other person of any duty of exercising reasonable care in selecting securities.

      Sec. 13.  The exercise of any power herein authorized by the Board upon behalf of the County has been determined, and is hereby declared, to effect a public purpose; and the Project, as herein authorized, shall effect a public purpose.

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

      Sec. 15.  1.  This act, without reference to other statutes of the State, except as herein otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted concerning the borrowing of money to finance the Project wholly or in part and the issuance of bonds or other securities to evidence such loans.

      2.  No other act or law with regard to the authorization or issuance of securities or the exercise of any other power herein granted that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.

      3.  The provisions of no other law, either general, special, or local, except as provided herein, shall apply to the doing of the things herein authorized to be done; and no public body, other than the County acting by and through the Board, shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done.

      4.  The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law.

      5.  Nothing contained in this act shall be construed as preventing the exercise of any power granted to the County, acting by and through the Board, or any officer, agent, or employee thereof, by any other law.

      6.  No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.

      Sec. 16.  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. 17.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1965 Statutes of Nevada, Page 281ê

 

CHAPTER 150, SB 212

Senate Bill No. 212–Committee on Finance

CHAPTER 150

AN ACT to amend chapter 407 of NRS, relating to state parks and monuments, by adding a new section including historical markers within the protection of the state park system; and providing other matters properly relating thereto.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 407 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The system shall maintain and protect all existing historical markers, including those markers installed by the State Centennial Historical Markers Committee.

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

 

________

 

 

CHAPTER 151, SB 226

Senate Bill No. 226–Senator Fisher

CHAPTER 151

AN ACT authorizing White Pine County to enlarge, maintain, repair and reconstruct the White Pine County Hospital; concerning the issuance of bonds for such purposes in not to exceed the aggregate principal amount of $500,000.00 and the levy of taxes in connection therewith; providing other details concerning the bonds and the taxes; and providing other matters properly relating thereto.

 

[Approved March 19, 1965]

 

      Whereas, The Board of County Hospital Trustees of White Pine County and the Board of County Commissioners of the County of White Pine, in the State of Nevada (herein sometimes designated as the “Hospital Board,” the “County Board,” the “County,” and the “State,” respectively), ordered the submission of, and there was submitted, at the general election held in the County on Tuesday, the 3rd day of November, 1964 (herein sometimes designated as the “election”), to the duly qualified electors of the County, a proposal authorizing the County to incur an indebtedness by the issuance of the County’s negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of $500,000.00, or so much thereof as may be necessary, for the purpose of enlarging, maintaining, repairing and reconstructing the White Pine County Hospital (herein sometimes designated as the “Project”), said bonds to bear interest at a rate or rates not exceeding 6 percent per annum, and to mature serially according to law, commencing not later than 3 years and ending not later than 20 years from the date of the bonds, payable from general (ad valorem) taxes (except to the extent other moneys are available therefor) by the levy of not to exceed two mills on the dollar annually upon the taxable property in the County, and to be issued and sold in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the County Board may determine, including at its option, but not necessarily limited to, provisions for the redemption of bonds prior to maturity without or with the payment of a premium; and

 

 


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

ê1965 Statutes of Nevada, Page 282 (Chapter 151, SB 226)ê

 

annually upon the taxable property in the County, and to be issued and sold in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the County Board may determine, including at its option, but not necessarily limited to, provisions for the redemption of bonds prior to maturity without or with the payment of a premium; and

      Whereas, Said proposal was approved by a majority voting thereon of those qualified electors of the County who were owners of, or spouses of owners of, real property assessed on the County assessment roll and also by a majority voting thereon of all other qualified electors of the County; and

      Whereas, It is hereby declared, as a matter of legislative determination, with the concurrence of the County Board and the Hospital Board, that existing legal limitations are unduly restrictive and by their modification a more economical and otherwise superior plan of financing the Project can be achieved; now, therefore,

 

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

do enact as follows:

 

      Section 1.  The County, acting by and through the County Board, in addition to the powers elsewhere conferred upon the County, is hereby authorized and empowered, upon its behalf, without the necessity of another election or other or further preliminaries, to issue the County’s negotiable, coupon, general obligation bonds (herein sometimes designated as the “bonds”), in the aggregate principal amount of not exceeding $500,000.00, or such lesser amount as may be necessary, for the purpose of enlarging, maintaining, repairing and reconstructing the White Pine County Hospital, including, without limitation, acquiring a building or buildings therefor, improvements incidental thereto, and sites and grounds, equipment and furnishings therefor.

      Sec. 2.  1.  The bonds shall be sold at public sale in accordance with NRS 350.120 to 350.160, inclusive, for not less than the principal amount thereof and accrued interest thereon, or, at the option of the County Board, below par at a discount of not exceeding 6 percent of the principal amount thereof and at a price which will not result in a net interest cost to the County of more than 6 percent per annum computed to maturity according to standard tables of bond values including as a part of such cost the amount of discount permitted by the County Board on the sale of the bonds.

      2.  No discount (except as herein otherwise provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.

      3.  The County Board may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.

      4.  Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal.

 


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ê1965 Statutes of Nevada, Page 283 (Chapter 151, SB 226)ê

 

interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Project, which cost, at the option of the County Board, may include all or any part of the incidental costs appertaining to the Project, including without limiting the generality of the foregoing, preliminary expenses advanced by the County from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the election, any bond sale, or otherwise appertaining to the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the County Board.

      5.  Any unexpended balance of bond proceeds remaining after the completion of the Project shall be paid immediately into a fund created for the payment of the principal of and interest on the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and in the proceedings authorizing their issuance.

      6.  The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the Project.

      7.  The purchaser or purchasers of any bonds shall in no manner be responsible for the application of the proceeds of the bonds by the County, the County Board, the Hospital Board, or any of the officers, agents and employees of the County.

      8.  No bonds hereby authorized shall be delivered after the expiration of 5 years from the effective date of this act.

      Sec. 3.  The bonds may be issued at one time or from time to time in one series or more. Each series of bonds shall be authorized by ordinance of the County.

      Sec. 4.  Any ordinance may provide that each bond therein authorized shall recite that it is issued under authority hereof. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.

      Sec. 5.  1.  The bonds of any series hereunder shall:

      (a) Be of convenient denominations;

      (b) Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment;

      (c) Mature serially in regular numerical order at annual or other designated intervals, in not exceeding 20 years from the date of the bonds, and commencing not later than 3 years therefrom, in equal amounts of principal, upon an amortization plan, or in any other manner the County Board may determine;

      (d) 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 appertaining to any bond may represent, or the first interest payment date may be for, interest accruing for any period not in excess of 1 year;

 

 


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ê1965 Statutes of Nevada, Page 284 (Chapter 151, SB 226)ê

 

annum, the interest on each bond to be payable annually or semiannually, except that the first coupon or coupons appertaining to any bond may represent, or the first interest payment date may be for, interest accruing for any period not in excess of 1 year;

      (e) Have interest coupons attached in such manner or otherwise appertain to the bonds so that the coupons can be presented for payment of the installments of interest without injury to or presentation of the bonds (unless the bonds be registered for payment as to both principal and interest and there thus be no coupons), each of which coupons shall be consecutively numbered and shall bear the number of the bond to which it appertains;

      (f) Be made payable in lawful money of the United States of America, at such place or places within or without or both within and without the State, as may be provided by the County Board; and

      (g) Be printed at such place within or without the State, as the County Board may determine.

      2.  Any ordinance authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, not exceeding 6 percent of the principal amount of each bond so redeemed, as the County Board may determine and state in the ordinance.

      3.  Bonds may be issued with privileges for registration for payment as to principal alone, or both principal and interest, at any bondholder’s option, or for registration for payment only in either manner designated, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon or for reconverting the bonds into coupon bonds, or both for such endorsement and such reconversion.

      4.  The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the County Board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.

      5.  Pending preparations of the definitive bonds, temporary bonds in such form and with such provisions as the County Board may determine may be issued.

      6.  Subject to the payment provisions herein expressly provided, the bonds, any interest coupons appertaining thereto, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.

      7.  Notwithstanding any other provisions of law, the County Board in any proceedings authorizing bonds hereunder:

      (a) May provide for the initial issuance of one or more bonds (in this subsection 7 called “bond”) aggregating the amount of the entire issue or any portion thereof;

      (b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable, and for the endorsing of payments of principal on such bond;

      (c) May provide for the making of any such bond payable to bearer or otherwise, registerable for payment as elsewhere provided herein, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond; and

 

 


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ê1965 Statutes of Nevada, Page 285 (Chapter 151, SB 226)ê

 

or otherwise, registerable for payment as elsewhere provided herein, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond; and

      (d) May make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds, or bonds registered for payment, or coupon bonds with provisions for registration for payment.

      8.  In case any outstanding bond shall become mutilated, or be destroyed, stolen or lost, the County may authenticate and deliver a new bond (with appropriate coupons attached unless registered for payment as to interest) of like tenor, number and amount as the bond and appurtenant coupons, if any, so mutilated, destroyed, stolen or lost:

      (a) In exchange and substitution for such mutilated bond and appurtenant coupons, if any; or

      (b) In lieu of and substitution for the bond and appurtenant coupons, if any, destroyed, stolen or lost:

             (1) Upon filing with the County evidence satisfactory to the County Board that such bond and appurtenant coupons, if any, have been destroyed, stolen or lost, and proof of ownership thereof; and

             (2) Upon furnishing the County with indemnity satisfactory to the County Board,

upon complying with such reasonable regulations as the County Board may prescribe, and upon the payment of such expenses as the County may incur in connection therewith.

      9.  The County may also reissue any outstanding bond (upon such terms and conditions as the County Board and the holder thereof, or, if registered for payment to other than bearer, the registered owner thereof, may determine) which shall not have become mutilated, destroyed, stolen or lost, regardless of whether so provided in any proceedings authorizing its issuance.

      10.  Any bond shall be executed in the name of and on behalf of the County, signed by the chairman of the County Board, countersigned by the county treasurer, with the seal of the County affixed thereto, and attested by the county clerk.

      11.  Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the county treasurer.

      12.  Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)

      13.  The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the County, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.

      14.  Any officer authorized or permitted to sign any bond or coupons, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons appertaining thereto, or upon both the bond and such coupons.

 


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ê1965 Statutes of Nevada, Page 286 (Chapter 151, SB 226)ê

 

facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons appertaining thereto, or upon both the bond and such coupons.

      Sec. 6.  Bonds issued hereunder shall be a debt of the County, and the County shall thereby pledge its full faith and credit for their payment.

      Sec. 7.  1.  The bonds authorized to be issued under the provisions hereof shall be payable from general (ad valorem) taxes levied against all of the taxable property in the County, including the net proceeds of mines.

      2.  Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the State, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, after making due allowances for probable delinquencies, to be levied on all such taxable property within the boundaries of the County, without limitation as to rate or amount (except for the designated constitutional limitation) and without regard to any statutory limitation now or hereafter existing.

      3.  It shall be the duty of the County Board and of any other body as may be charged with the duty of levying taxes in the County, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as the same become due.

      4.  In case the moneys produced from such levies, together with any other revenues of the County available therefor, are not sufficient to pay the principal of and interest on the bonds as the same become due, and to pay any defaults and deficiencies, the County Board shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be made and continued to be levied until the bonds (as well as any other bonded debt of the County) are fully paid.

      5.  Any such tax levy shall enjoy the same priority as provided by NRS 350.250, as from time to time amended, for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the State.

      6.  The County may pay the principal of and interest on any bonds from any available revenues, and the levy or levies of general (ad valorem) taxes herein provided may be diminished to the extent such other revenues are available for the payment of such principal and interest.

      Sec. 8.  1.  Before the County Board shall cause to be delivered bonds hereunder, all such bonds shall be registered by the county treasurer in a book kept in his office for that purpose.

      2.  The register shall show:

      (a) The amount of the bonds;

      (b) The time of payment; and

      (c) The rate or rates of interest which the bonds bear.

      3.  After registration by the county treasurer, he shall cause the bonds to be delivered to the purchaser or purchasers thereof from the County, upon payment being made therefor on the terms of the sale or sales.

 


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ê1965 Statutes of Nevada, Page 287 (Chapter 151, SB 226)ê

 

County, upon payment being made therefor on the terms of the sale or sales.

      Sec. 9.  Whenever the county treasurer shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or by stamping thereon the word “Paid,” together with the date of its payment, sign his name thereto, and transmit the same to the county auditor, taking his receipt therefor, which receipt shall subsequently be filed with the county clerk’s records. The county auditor shall credit the county treasurer on his books for the amount so paid.

      Sec. 10.  No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal and the interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.

      Sec. 11.  Bonds issued hereunder, their transfer, and the income therefrom shall forever be and remain free and exempt from taxation by the State and any subdivision thereof.

      Sec. 12.  It shall be legal for the State and any of its agencies, departments, instrumentalities, corporations, or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank, or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds. The bonds shall be authorized security for all public deposits. Nothing contained in this section with regard to legal investments shall be construed as relieving the State, any representative of the State, any other public body, corporation, or other person of any duty of exercising care in selecting securities.

      Sec. 13.  The exercise of any power herein authorized by the County Board upon behalf of the County has been determined, and is hereby declared, to effect a public purpose; and the Project, as herein authorized, shall effect a public purpose.

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

      Sec. 15.  1.  This act, without reference to other statutes of the State, except as herein otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted concerning the borrowing of money to finance the Project wholly or in part and the issuance of bonds or other securities to evidence such loans.

      2.  No other act or law with regard to the authorization or issuance of securities or the exercise of any other power herein granted that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.

      3.  The provisions of no other law, either general, special, or local, except as provided herein, shall apply to the doing of the things herein authorized to be done; and no public body, other than the County acting by and through the County Board, shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done.

 


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ê1965 Statutes of Nevada, Page 288 (Chapter 151, SB 226)ê

 

except as provided herein, shall apply to the doing of the things herein authorized to be done; and no public body, other than the County acting by and through the County Board, shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done.

      4.  The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law.

      5.  Nothing contained in this act shall be construed as preventing the exercise of any power granted to the County, acting by and through the Hospital Board, the County Board, or any officer, agent, or employee thereof, by any other law.

      6.  No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.

      Sec. 16.  If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.

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

 

________

 

 

CHAPTER 152, AB 76

Assembly Bill No. 76–Committee On Legislative Functions

CHAPTER 152

AN ACT to amend NRS section 218.210, relating to the compensation of legislators, by specifying maximum compensation to be received by a legislator at any special session of the legislature.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 218.210 is hereby amended to read as follows:

      218.210  Each senator and assemblyman hereafter elected or appointed shall receive as compensation $40 per day for each day of service, but the total amount paid shall not exceed the sum of $2,400 at any regular session or the sum of $800 at any special session.

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

 

________

 

 


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ê1965 Statutes of Nevada, Page 289ê

 

CHAPTER 153, AB 134

Assembly Bill No. 134–Committee on Ways and Means

CHAPTER 153

AN ACT to amend NRS section 281.160, relating to travel expenses for state officers and employees, by increasing allowance for travel outside the state.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 281.160 is hereby amended to read as follows:

      281.160  1.  Except as otherwise provided by law, when any district judge, state officer, commissioner, representative of the state, or other state employee of any office, department, board, commission, bureau, agency or institution operating by authority of law, and supported in whole or in part by any public funds, whether the public funds are funds received from the Federal Government of the United States or any branch or agency thereof, or from private or any other sources, shall be entitled to receive his expenses in the transaction of public business outside the municipality or other area in which his principal office is located, such person shall be paid up to $15 for each 24-hour period during which he is away from such office [.] and within the state, and up to $20 for each 24-hour period during which he is outside the state.

      2.  Such person may receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners.

      3.  Any person enumerated in subsection 1 may receive an allowance for transportation pursuant to public business, whether within or without the municipality or other area in which his principal office is located. Transportation shall be by the most economical means, considering total costs, time spent in transit and the availability of state-owned automobiles. The allowance for travel by private conveyance is 10 cents per mile so traveled, except that if a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is 6 cents per mile so traveled.

      4.  The state board of examiners may adopt regulations, and may require other state agencies to adopt regulations, in accordance with the purpose and intent of this section, and a state agency may, with the approval of the state board of examiners, adopt an expense reimbursement rate of less than $15 for travel within the state and $20 for travel outside the state for each 24-hour period where unusual circumstances make such rate desirable.

      5.  Before any district judge, state officer, commissioner, representative or other employee of the state shall travel on official business outside the state, he shall make written request for and receive permission for such travel as provided in this subsection. Requests shall be submitted, on forms approved by the state board of examiners, to the budget division of the department of administration at least 10 working days prior to the beginning of travel and no travel shall be authorized except after having been approved by the budget division. The budget division may refuse permission for such travel only if there are insufficient funds for out-of-state travel or if the method of travel does not conform to the regulations approved by the state board of examiners.

 


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ê1965 Statutes of Nevada, Page 290 (Chapter 153, AB 134)ê

 

are insufficient funds for out-of-state travel or if the method of travel does not conform to the regulations approved by the state board of examiners. If the budget division disapproves such request for permission to travel, the applicant therefor may appeal the decision to the state board of examiners, whose decision shall be rendered at its next regular meeting. Such determination shall be final. In emergencies, the budget division, upon good cause shown by the applicant, may consider request for travel submitted to it less than 10 working days prior to the beginning of travel. Claims for reimbursement for travel which are not approved by the budget division shall be considered by the state board of examiners at a regular meeting.

 

________

 

 

CHAPTER 154, AB 160

Assembly Bill No. 160–Mr. Howard

CHAPTER 154

AN ACT to amend NRS section 412.045, relating to the authorization of National Guard commander in chief to make rules and regulations, by including reference to those governing the United States Air Force; to amend NRS section 412.255, relating to the composition of the National Guard, by providing that the minimum age of a commissioned officer be reduced to 18; to amend NRS section 412.265, relating to the custom and usage governing the National Guard, by including reference to the United States Air Force; and to amend chapter 412 of NRS, relating to the state militia, by adding a new section providing for a military academy.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 412.045 is hereby amended to read as follows:

      412.045  1.  The commander in chief is authorized to make such rules and regulations as he may deem expedient, but such rules and regulations shall conform to this chapter and, as nearly as practicable, to those governing the United States Army [,] and the United States Air Force, and when promulgated shall have the same force and effect as the provisions of this chapter.

      2.  The rules and regulations in force on March 27, 1929, shall remain in force until new rules and regulations are approved and promulgated.

      Sec. 2.  NRS 412.255 is hereby amended to read as follows:

      412.255  1.  The Nevada National Guard shall consist of:

      (a) The regularly enlisted and enrolled militia between the ages of 17 and 60 years, organized, armed and equipped as provided in this chapter.

      (b) Commissioned officers between the ages of [21] 18 and 64 years.

      2.  The Nevada National Guard shall be comprised of such units, with the approval of the governor, as the Department of the Army may allocate and designate. It shall include the Naval Militia of this state when organized.

 


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ê1965 Statutes of Nevada, Page 291 (Chapter 154, AB 160)ê

 

      Sec. 3.  NRS 412.265 is hereby amended to read as follows:

      412.265  All matters relating to the organization, discipline and government of the National Guard not otherwise provided for in this chapter or in the general regulations shall be decided by the custom and usage of the United States Army [or] , United States Navy [,] or United States Air Force, respectively.

      Sec. 4.  Chapter 412 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The Nevada military academy is hereby created, to consist of supervisory personnel as authorized by the National Guard Bureau and such number of cadets as meets the qualifications and requirements of the State of Nevada.

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

 

________

 

 

CHAPTER 155, AB 162

Assembly Bill No. 162–Washoe County Delegation

CHAPTER 155

AN ACT to amend an act entitled “An Act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1903, as amended.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  Section 3 of Article XVI of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 103, Statutes of Nevada 1947, at page 399, is hereby amended to read as follows:

      Section 3.  The city shall not issue or have outstanding at any time [bonds to] an indebtedness in an amount in excess of seven and one-half percent of the total assessed valuation of the taxable property within the corporate limits of the city as shown by the [latest tax list or roll. This limitation shall not apply to bonds issued under the provisions of article XII, section 10.30.] last preceding assessment for general (ad valorem) tax purposes, excepting from the operation of this limitation warrants or other securities which are payable upon presentation or demand or within 1 year after the date thereof and securities payable from special assessments against benefited property whether issued pursuant to any general or special act, irrespective of whether said special assessment securities may or may not also be payable from general (ad valorem) taxes, and also excepting from the operation of said limitation securities issued pursuant to any general or special act the principal and interest of which is payable solely from any revenues or combination of revenues of the city derived from other than general (ad valorem) taxes.

      Sec. 2.  Section 4 of Article XVIII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 204, Statutes of Nevada 1937, and last amended by chapter 55, Statutes of Nevada 1959, at page 48, is hereby amended to read as follows:

 

 


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ê1965 Statutes of Nevada, Page 292 (Chapter 155, AB 162)ê

 

chapter 102, Statutes of Nevada 1903, as added by chapter 204, Statutes of Nevada 1937, and last amended by chapter 55, Statutes of Nevada 1959, at page 48, is hereby amended to read as follows:

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

      2.  If said ordinance proposes to issue bonds for any purpose other than the construction of storm sewers or sanitary sewers or a sewage disposal plant, or if said bonds are not to be secured by pledge of revenues or a portion of revenues to be received by the city from the particular project to be acquired, constructed, reconstructed, or repaired with the funds to be derived from the sale of such proposed bonds, or if said bonds are not to be secured by special assessment to be levied on real property, then, if within a period of sixty days from the date of the passage, approval, and publication of such ordinance, a petition shall be presented to the city council signed by not less than ten percent of the persons voting at the last municipal election, at least one-half of whom shall then be property owners within the city, it shall be the duty of the council to submit said proposed ordinance to the people at the next municipal election or the council may call a special election as soon as practicable for the purpose of submitting said proposed ordinance to the people, such election to be held and conducted as early as possible in the same manner as an election for city officers. Notice of such election shall be given in some newspaper published in the city, which notice shall be printed underneath the proposed ordinance and refer to the same, and the notice and proposed ordinance shall be so published, together, two times in a daily newspaper published in the city, the second publication being at least one week before such election shall be had. The council may in due time make provision for holding such special election, and the city clerk shall prepare, at the expense of the city, suitable printed stationery for use as ballots which shall contain a brief statement of the ordinance, underneath which shall be printed “For the Ordinance” and “Against the Ordinance.” The council shall appoint suitable and competent persons to act as inspectors at such election, and shall do all other things and acts necessary to fully carry out the purposes and intent thereof; provided, that said election shall be held and said bonds shall be issued and sold only in conformity with all state laws upon the subject, applicable to the city of Reno, and especially NRS 350.010 to 350.200, both inclusive.

 


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ê1965 Statutes of Nevada, Page 293 (Chapter 155, AB 162)ê

 

and sold only in conformity with all state laws upon the subject, applicable to the city of Reno, and especially NRS 350.010 to 350.200, both inclusive. The council shall, within five days after such special or regular election, canvass and declare the result by resolution, and if such proposed ordinance carried at said election, such ordinance shall thenceforth be of full force and effect.

      3.  Notwithstanding the provisions of NRS 350.020, unless an election is required pursuant to the provisions of subsection 2 of this section, the proposal for the bond issue need not be submitted to the electors at a general or special election, and the ordinance, after its passage, approval and publication, shall be of full force and effect and bonds may be issued and sold in conformity with all state laws upon the subject applicable to the city of Reno.] purchase, construct, reconstruct, condemn, install, alter, enlarge, extend, improve, better, equip, furnish, or otherwise acquire one or more of the following facilities, together with necessary components, appurtenances and sites therefor, to wit:

      (a) A sanitary sewer system, storm sewer system, municipal transportation system, flood control system or drainage system;

      (b) A city hall, police stations, jails, fire stations, courthouses, garages, municipal office buildings, maintenance shops, off-street parking garages, libraries, auditoriums, convention halls, recreation centers, transportation terminals, museums, fallout shelters or public buildings;

      (c) Parks, zoos, golf courses, swimming pools, skating rinks or recreational structures;

      (d) Airports, garbage disposal facilities, parking lots or public projects;

      (e) Streets, alleys, boulevards, highways, overpasses, underpasses, curbs, gutters, sidewalks, bridges or facilities for pedestrian or vehicular traffic;

      (f) Vehicles or equipment for any department of the city;

and to wholly or partially defray the cost thereof by the issuance of debentures, warrants, bonds, interim receipts, temporary certificates, temporary bonds or notes (hereafter sometimes collectively referred to in this section as “securities”), or to issue such securities for any other corporate purpose or purposes as may be determined by the council, subject, however, to constitutional limitations. Any power granted by Section 4 of Article XVIII may be exercised on one or more occasions and, if the council deems it appropriate, jointly with any other power granted by said section.

      2.  The council may pledge the full faith and credit of the city for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the general obligations of the city payable from the proceeds of general (ad valorem) taxes (hereafter sometimes referred to in this section as “tax proceeds”) levied without limitation of rate or amount, except for constitutional limitations, and from any other revenues of the city other than tax proceeds available therefor (hereafter sometimes referred to in this section as “other revenues of the city”). Their payment may be additionally secured by a specific pledge of other revenues of the city, or part thereof (subject to any prior pledges), and the council may cause to be deposited such other revenues of the city so pledged in any fund or funds created to pay the securities or created to additionally secure their payment.

 


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ê1965 Statutes of Nevada, Page 294 (Chapter 155, AB 162)ê

 

a specific pledge of other revenues of the city, or part thereof (subject to any prior pledges), and the council may cause to be deposited such other revenues of the city so pledged in any fund or funds created to pay the securities or created to additionally secure their payment. The council shall, in the manner provided by law, including without limitation NRS 350.250, make an annual levy sufficient to meet the payments of principal and interest on securities issued pursuant to subsection 2 of Section 4 of Article XVIII, as the same become due, provided that the levy or levies of general (ad valorem) taxes herein provided may be diminished to the extent that other revenues of the city are available for the payment of such principal and interest.

      3.  As an alternative to the procedure prescribed by subsection 2 of Section 4 of Article XVIII, the council may directly pledge other revenues of the city, or any part thereof (subject to the prior payment of the operation and maintenance expenses, if any, incurred by the city or its instrumentalities in producing such revenues and subject to any other prior pledges) for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the special obligations of the city payable directly from the other revenues of the city so pledged. Subject to being included within the limitation on indebtedness of Section 3, Article XVI, their payment may be additionally secured by a specific pledge of tax proceeds to be utilized in such amounts and in such manner as the council may determine.

      4.  Securities issued pursuant to Section 4 of Article XVIII shall be authorized by ordinance and shall bear such date or dates, shall be in such convenient denomination or denominations, and shall mature at any time or times from and after such date or dates as the Council may determine, but in no event shall any security be issued to run for a longer period than 30 years from the date of such security. Said securities shall bear interest at a rate or rates not exceeding 6 percent per annum, which interest may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first interest payment date appertaining to any security may be at any time within 1 year from the date of such security as may be prescribed by the authorizing ordinance; and said securities and any coupons shall be payable in such medium of payment at any banking institution, the office of the city clerk or at such other place or places within or without the State as determined by the council; and said securities, at the option of the council, may be in one or more series and may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding 6 percent of the principal amount of each security so redeemed as determined by the council.

      5.  Each series of securities issued pursuant to subsection 2 of Section 4 of Article XVIII shall mature, insofar as practicable, in substantially equal annual installments of principal, or upon an amortization plan for such securities so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on such securities, or upon an amortization plan for all general obligation securities of the city so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all such outstanding securities of the city, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or in any other manner the council may determine.

 


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ê1965 Statutes of Nevada, Page 295 (Chapter 155, AB 162)ê

 

obligation securities of the city so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all such outstanding securities of the city, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or in any other manner the council may determine.

      6.  Each series of securities issued pursuant to subsection 3 of Section 4 of Article XVIII may mature without limitation as to time, manner or amount but not exceeding the maximum term heretofore specified nor the estimated duration of any revenues pledged to the payment of said securities, whichever is earlier.

      7.  Securities issued pursuant to Section 4 of Article XVIII, shall be negotiable in form, fully negotiable within the meaning of and for all purposes of the Negotiable Instruments Law, and payable to bearer, subject to any provisions for their registration for payment. Securities may be issued with privileges for registration for payment as to principal alone, or both principal and interest, at the holder’s option, or for registration for payment only in either manner designated; and where interest accruing on the securities is not represented by interest coupons, the securities may provide for the endorsing of payments of interest thereon or for reconverting the securities into coupon securities, or both for such endorsement and such reconversion. Unless registered for payment as to both principal and interest and there thus be no coupons, said securities shall have negotiable interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each set of coupons attached to any security, if interest on said security is represented by coupons, shall be consecutively numbered and each coupon shall bear the number of the security to which it is attached. Said securities shall be signed by the mayor of the city, countersigned by the county treasurer as ex officio city treasurer, and signed and attested by the city clerk, with the seal of the city affixed thereto, and coupons, if any, shall bear the facsimile signature of said treasurer. Any of said officers, after filing with the secretary of state his or her manual signature certified under oath, may execute or cause to be executed with a facsimile signature in lieu of his or her manual signature any security or coupon herein authorized, provided that such a filing is not a condition of the valid execution with a facsimile signature of any interest coupon, and provided that at least one signature required or permitted to be placed on each security (excluding any interest coupon) shall be manually subscribed. The clerk of the city may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile on any security. A facsimile signature or facsimile seal shall have the same legal effect as if manually signed or impressed upon the security or coupon, as the case may be. The securities and any coupons thereto attached, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the city, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices. Any officer herein authorized or permitted to sign any security or interest coupon, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the securities or coupons appertaining thereto, or upon both the securities and such coupons.

 


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ê1965 Statutes of Nevada, Page 296 (Chapter 155, AB 162)ê

 

or permitted to sign any security or interest coupon, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the securities or coupons appertaining thereto, or upon both the securities and such coupons.

      8.  Securities issued pursuant to Section 4 of Article XVIII shall otherwise be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details as may be determined by said ordinance and shall be printed at such place or places, within or without the State of Nevada, as the council may determine.

      9.  Any ordinance authorizing the issuance of securities pursuant to subsection 2 or 3 of Section 4 of Article XVIII or any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred hereby), in order to secure the payment of such securities, in agreement with the holders and owners of such securities, as to any one or more of the following:

      (a) The service charges, and any taxes to be fixed, charged or levied, and the collection, use and disposition thereof, including but not limited to the foreclosure of liens for delinquencies, the discontinuance of services, facilities or commodities, or use of any revenue-producing project, prohibition against free service, the collection of penalties and collection costs, including disconnection and reconnection fees, and the use and disposition of any revenues of the city, derived or to be derived, from any source.

      (b) The acquisition, improvement or equipment of all or any part of any revenue-producing project.

      (c) The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any securities or of operation and maintenance expenses of any revenue-producing project, or part thereof, and the source, custody, security, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto.

      (d) A fair and reasonable payment by the city from its general fund or other available moneys to the account of a designated project for any facilities or commodities furnished or services rendered thereby to the city or any of its departments, boards or agencies.

      (e) The purpose or purposes to which the proceeds of the sale of securities may be applied, and the custody, security, use, expenditure, application and disposition thereof.

      (f) The payment of the principal of and interest on any securities, and the sources and methods thereof, the rank or priority of any securities as to any lien or security for payment, or the acceleration of any maturity of any securities, or the issuance of other or additional securities payable from or constituting a charge against or lien upon any revenues pledged for the payment of securities and the creation of future liens and encumbrances thereagainst, and limitations thereon.

 


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ê1965 Statutes of Nevada, Page 297 (Chapter 155, AB 162)ê

 

      (g) The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of any revenues of the city.

      (h) The determination or definition of revenues from any revenue-producing project or of the expenses of operation and maintenance of such, the use and disposition of such revenues and the manner of and limitations upon paying such expenses.

      (i) The insurance to be carried by the city and use and disposition of insurance moneys, the acquisition of completion or surety bonds, appertaining to any project or funds, or both, and the use and disposition of any proceeds of such securities.

      (j) Books of account, the inspection and audit thereof, and other records appertaining to a revenue-producing project herein authorized.

      (k) The assumption or payment or discharge of any indebtedness, other obligation, lien or other claim related to any part of a revenue-producing project or any securities having or which may have a lien on any part of any revenues of the project.

      (l) Limitations on the powers of the city to acquire or operate, or permit the acquisition or operation of, any plants, structures, facilities or properties which may compete or tend to compete with any revenue-producing project.

      (m) The vesting in a corporate or other trustee or trustees such property rights, powers and duties in trust as the city may determine which may include any or all of the rights, powers and duties of the trustee appointed by the holders of securities, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.

      (n) The payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities.

      (o) The procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of securities may be amended or abrogated, the amount of securities the holders of which must consent thereto, and the manner in which such consent may be given or evidenced.

      (p) Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the city of any covenants, conditions or obligations.

      (q) The terms and conditions upon which the holders of the securities, or any portion, percentage or amount of them, may enforce any covenants or provisions made hereunder or duties imposed thereby.

      (r) The terms and conditions upon which the holders of the securities or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of the revenue-producing project, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the city itself might do.

      (s) A procedure by which the terms of any ordinance authorizing securities, or any other contract with any holders of securities, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of securities the holders of which must consent thereto and the manner in which such consent may be given.

 


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ê1965 Statutes of Nevada, Page 298 (Chapter 155, AB 162)ê

 

securities, or any other contract with any holders of securities, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of securities the holders of which must consent thereto and the manner in which such consent may be given.

      (t) The terms and conditions upon which any or all of the securities shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.

      (u) All such acts and things as may be necessary or convenient or desirable in order to secure the city’s securities, or in the discretion of the council tend to make the securities more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the city power to do all things in the issuance of securities and for their security except as herein specifically limited.

      10.  Before offering securities issued pursuant to subsection 2 or subsection 3 of Section 4 of Article XVIII for public sale or before adopting an ordinance authorizing the issuance of such securities which have been privately sold, the council shall publish a proclamation in some newspaper having a general circulation in the city once in each calendar week for 3 successive calendar weeks by three weekly insertions a week apart, stating the purpose or purposes for which the securities are to be issued, the maximum amount of the securities, the maximum rate of interest, not to exceed 6 percent per annum, the maximum number of years which the securities are to run, and such other details as the council may, in its discretion, determine. If within 20 days after the last publication of said proclamation, a petition requesting an election shall be filed with the city clerk signed by not less than 10 percent of the persons voting at the last municipal election, at least one-half of whom shall then be property owners within the city, it shall be the duty of the council to submit the question of issuing said securities to the electors of the city at a general election or at a special election which the council may call for that purpose. The question to be submitted at said election shall contain the same information which is hereinabove required to be contained in the proclamation. Whenever the council has ordered an election, the city clerk shall cause notice of the election to be published in some newspaper having a general circulation in the city once in each calendar week for 2 successive calendar weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of the election. Except as hereafter provided, the notice of election shall contain:

      (a) The time and places of holding the election.

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

      (c) The purposes for which the securities are to be issued.

      (d) The maximum amount of the securities.

      (e) The maximum rate of interest, not to exceed 6 percent per annum.

      (f) The maximum number of years which the securities are to run.

 


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ê1965 Statutes of Nevada, Page 299 (Chapter 155, AB 162)ê

 

If the election is consolidated with the general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election shall be the same as those provided for the general election. Such election shall be held and conducted as nearly as possible as provided by NRS 350.020 to 350.070, both inclusive, as from time to time amended and supplemented, and, to the extent not inconsistent herewith, in the manner provided for the election of city officers. Except as provided in subsection 10 of Section 4 of Article XVIII, no ordinance, resolution, question of issuing securities or other proceeding of the council adopted in the exercise of the powers conferred by this Section 4 of Article XVIII shall be subject to any referendum or other vote of the electors.

      11.  The council is hereby authorized to sell such securities at one time, or from time to time, as the council may determine, at public sale in accordance with NRS 350.120 to 350.160, both inclusive, as from time to time amended, or at private sale. Securities shall be sold for not less than the principal amount thereof and accrued interest thereon, or, at the option of the governing body, below par at a discount of not exceeding 6 percent of the principal amount thereof and at a price which will not result in a net interest rate to the municipal corporation of more than 6 percent per annum computed to maturity according to standard tables of bond values including as a part of such rate the amount of discount permitted by the governing body on the sale of the bonds. No discount or commission shall be allowed or paid on the sale of such bonds (except as herein otherwise provided). The council may employ legal, financial, engineering and other expert services in connection with any purpose for which the bonds are authorized and with the authorization, sale and issuance of the securities.

      12.  This Section 4 of Article XVIII, without reference to other statutes of the state, except as herein otherwise specifically provided, shall constitute full authority for the acquisition of facilities and the authorization and issuance of securities hereunder. Except as provided by Section 3 of Article XVI of this charter, no other statute or law or provision of this charter with regard to the acquisition of facilities and the authorization or issuance of securities 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 Section 4 of Article XVIII shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this Section 4 of Article XVIII shall not affect the powers conferred by any other provision of this charter. No part of this Section 4 of Article XVIII shall repeal or affect any other law or part thereof, it being intended that this Section 4 of Article XVIII shall provide a separate method for the city of accomplishing its objectives, and not an exclusive one and this Section 4 shall not be construed as repealing, amending or changing any such other law. This Section 4 of Article XVIII shall have no application and shall not operate as a limitation on special assessment or local improvement securities issued pursuant to any general or special act.

 


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ê1965 Statutes of Nevada, Page 300 (Chapter 155, AB 162)ê

 

      Sec. 3.  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. 4.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 156, AB 228

Assembly Bill No. 228–Mr. Close

CHAPTER 156

AN ACT to amend NRS section 205.240, relating to petit larceny, by allowing a jury or court sitting without a jury to punish a third conviction of petit larceny as a gross misdemeanor.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 205.240 is hereby amended to read as follows:

      205.240  [Every]  1.  Except as provided in subsection 2, every person who shall steal, take and carry, lead, or drive away the personal goods or property of another, under the value of $100, shall be deemed guilty of petit larceny, and upon conviction thereof shall be punished by imprisonment in the county jail not more than 6 months, or by fine not exceeding $500, or by both fine and imprisonment.

      2.  Every person convicted of petit larceny for a third time within 7 years from the date of his first conviction of petit larceny may be punished as for a misdemeanor or a gross misdemeanor. The jury by its verdict, or the court sitting without a jury by its judgment, shall fix the category of punishment. The power of a jury in a justice’s court and the jurisdiction of the justice’s court to fix such category of punishment as a gross misdemeanor is hereby expressly conferred.

 

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ê1965 Statutes of Nevada, Page 301ê

 

CHAPTER 157, AB 243

Assembly Bill No. 243–Committee on Taxation

CHAPTER 157

AN ACT to amend chapter 370 of NRS, relating to cigarette licenses and taxes, by adding a new section allowing authorized officers to search for unstamped cigarettes; to amend NRS section 370.130, relating to wholesale cigarette dealers’ licenses, by allowing a change of location of the premises for which such licenses are issued; to amend NRS section 370.200, relating to cigarette revenue stamps, by making payments and receipt returns directly transferable to the Nevada tax commission; to amend NRS section 370.280, relating to cigarette tax refunds, by allowing certain additional refunds; and to repeal NRS section 370.375, allowing the cigarette tax to be passed on to the consumer; and providing other matters properly relating thereto.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 370 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      In order to obtain evidence of any violation of this chapter, the tax commission, its agents, and all peace officers and revenue-collecting officers of this state shall have the right of visitation and inspection of any place where they may have reason to believe unstamped cigarettes are stored, warehoused or kept for sale. Such visitation and inspection shall be conducted during business hours.

      Sec. 2.  NRS 370.130 is hereby amended to read as follows:

      370.130  Each wholesale cigarette dealer’s license shall:

      1.  Be signed by the licensee.

      2.  Be posted in a conspicuous place in the premises for which it was issued.

      3.  Be nontransferable [.] , except that upon prior written notice to the tax commission the location of the premises for which it was issued may be changed.

      Sec. 3.  NRS 370.200 is hereby amended to read as follows:

      370.200  1.  The tax commission is authorized to appoint the sheriff of any county and officers of incorporated cities to act as its agents in the sale of Nevada cigarette revenue stamps.

      2.  The sheriff and city officers shall:

      (a) Serve as such agent without additional compensation; and

      (b) Immediately make a return of all receipts collected from sales of cigarette revenue stamps to the [county treasurer of his county.

      3.  The county treasurer shall remit all moneys so received to the tax commission on the 1st day of each month.] tax commission, accompanied by a remittance payable to the order of the Nevada tax commission.

      Sec. 4.  NRS 370.280 is hereby amended to read as follows:

      370.280  1.  Upon proof satisfactory to the tax commission, refunds shall be allowed for the face value of the cigarette revenue stamp tax paid, less any discount previously allowed on any such tax so paid, upon cigarettes that are sold to:

      (a) The United States Government for Army, Air Force, Navy or Marine Corps purposes and are shipped to a point within this state to a place which has been lawfully ceded to the United States Government for Army, Air Force, Navy or Marine Corps purposes; or

 

 


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ê1965 Statutes of Nevada, Page 302 (Chapter 157, AB 243)ê

 

Marine Corps purposes and are shipped to a point within this state to a place which has been lawfully ceded to the United States Government for Army, Air Force, Navy or Marine Corps purposes; or

      (b) Veterans hospitals for distribution or sale to disabled service or ex-service men interned therein, but not to civilians or civilian employees.

      2.  Upon proof satisfactory to the tax commission, refunds shall be allowed to licensed wholesale cigarette dealers, or to manufacturers or their representatives, for the face value of the cigarette revenue stamp tax paid, less any discount previously allowed on any such tax so paid, upon cigarettes destroyed after March 26, 1959, because such cigarettes had become stale. Applications for refunds shall be submitted no oftener than once in any 3-month period, shall be in an amount of not less than $15 and shall be accompanied by an affidavit of the applicant setting forth:

      (a) The number of packages of cigarettes destroyed for which refund is claimed;

      (b) The date or dates on which such cigarettes were destroyed and the place where destroyed;

      (c) That the cigarettes were actually destroyed because they had become stale;

      (d) By whom such cigarettes were destroyed; and

      (e) Such other information as the tax commission may require.

      3.  Upon proof satisfactory to the tax commission, refunds or adjustments may be allowed to licensed wholesale cigarette dealers for the face value of the cigarette metered machine stamp tax paid, less any discount previously allowed on any such tax so paid, upon:

      (a) The balance of unused stamps on the descending register of a cigarette meter machine destroyed by fire, if the cigarette meter counting positions can be determined by the manufacturer of the meter stamping machine;

      (b) Cigarettes which were stamped on their cartoon covers because of stamping machine failure to open the carton and stamp the cigarette packs; or

      (c) Cigarettes which were not stamped but were registered on the machine as being stamped because of failure of the meter counters.

      4.  Any refund shall be paid as other claims against the state are paid.

      Sec. 5.  NRS 370.375 is hereby repealed.

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

 

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ê1965 Statutes of Nevada, Page 303ê

 

CHAPTER 158, AB 244

Assembly Bill No. 244–Committee on Taxation

CHAPTER 158

AN ACT to amend chapter 369 of NRS, relating to intoxicating liquors, by adding new sections exempting common carriers selling liquor on trains, buses or airplanes engaged in interstate commerce from regulations governing liquor and authorizing such common carriers to purchase liquor from licensed Nevada wholesale dealers; making illegal the production, transportation or sale of liquor with intent to defraud the state; and licensing liquor rectifiers as importers and providing for the taxation of bulk imports of neutral or distilled spirits after rectification and bottling for sale within the state; to amend NRS section 369.300, relating to license fees, by deleting the $15 license fee allowed manufacturers and producers of locally grown wines; and to repeal NRS section 369.385, relating to the excise tax as a levy on the consumer.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 369 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

      Sec. 2.  This chapter shall not apply to common carriers, while engaged in interstate commerce, which sell or furnish liquor on their trains, buses or airplanes. Common carriers, while engaged in interstate commerce, which sell or furnish liquor on their trains, buses or airplanes, may purchase liquor from licensed Nevada wholesale dealers subject to rules and regulations of the tax commission. A refund or credit for the excise tax paid on such liquor shall be allowed the wholesale dealer.

      Sec. 3.  1.  It is unlawful for any person to make, store, possess or transport liquor with intent to defraud the state.

      2.  Every person who violates the provisions of this section shall, upon conviction thereof, be punished by a fine of not less than $1,000 nor more than $5,000, or by imprisonment in the state prison for a term of not less than 2 nor more than 10 years.

      Sec. 4.  1.  Any person who imports liquor into the state for the purpose of rectification is an importer and shall be licensed pursuant to NRS 369.180.

      2.  A licensed importer of liquor shall import neutral or distilled spirits in bulk only for the express purpose of rectification. Rectified alcoholic beverages shall be sold in this state only after bottling in original packages.

      3.  Bulk imports of neutral or distilled spirits shall be taxable only when rectified and bottled in original packages for sale within the state.

      4.  Refunds, credits and discounts shall be allowed pursuant to NRS 369.370.

      Sec. 5.  NRS 369.300 is hereby amended to read as follows:

      369.300  The following is a schedule of fees to be charged for licenses:

 

Importer’s wine, beer and liquor license.......................................................... $500

Importer’s beer license.......................................................................................... 150

Wholesale wine, beer and liquor license............................................................ 250

Wholesale beer dealer’s license 75 [Wine manufacturer’s and wine wholesaler’s (whose product is derived entirely from Nevada-grown grapes) license................................... $15]

 

 


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ê1965 Statutes of Nevada, Page 304 (Chapter 158, AB 244)ê

 

[Wine manufacturer’s and wine wholesaler’s (whose product is derived entirely from Nevada-grown grapes) license...................................... $15]

 

      Sec. 6.  NRS 369.385 is hereby repealed.

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

 

________

 

 

CHAPTER 159, AB 267

Assembly Bill No. 267–Messrs. Bailey and Swobe

CHAPTER 159

AN ACT to amend chapter 396 of NRS, relating to the University of Nevada, by adding new sections allowing the board of regents to create a police department; to amend NRS section 171.155, relating to the definition of peace officers, by adding the members of the University of Nevada police department; and providing other matters properly relating thereto.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The board of regents of the University of Nevada is authorized to create a police department for the University of Nevada and appoint one or more persons to be members of such department.

      2.  Persons employed and compensated as members of such police department, when so appointed and duly sworn, are peace officers; but no such officer may exercise his powers or authority except:

      (a) Upon the campuses of the University of Nevada, including that area to the center line of public streets adjacent to a campus;

      (b) When in hot pursuit of a violator leaving such a campus or area; or

      (c) In or about other grounds or properties of the University of Nevada.

      Sec. 3.  Every member of the University of Nevada police department shall be supplied with, authorized and required to wear a badge bearing the words “University Police, Nevada.”

      Sec. 4.  NRS 171.155 is hereby amended to read as follows:

      171.155  Peace officers are the bailiff of the supreme court, sheriffs of counties, constables, members of the Nevada state police, personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180, the inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049, special investigators employed by the office of any district attorney or the attorney general, marshals and policemen to cities and towns, respectively, [and] arson investigators for fire departments specially designated by the appointing authority [.] , and members of the University of Nevada police department.

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

 

________

 

 


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ê1965 Statutes of Nevada, Page 305ê

 

CHAPTER 160, AB 309

Assembly Bill No. 309–Mr. Close

CHAPTER 160

AN ACT to amend chapter 454 of NRS, relating to dangerous drugs, by adding a new section providing that the possession of dangerous drugs without a prescription is punishable as a gross misdemeanor upon first and second conviction and is punishable as a felony upon third conviction, and exempting physicians, dentists, chiropodists, veterinarians, pharmacists, manufacturers, wholesalers, jobbers and laboratories, and exempting ranchers under certain conditions.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 454 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Except as otherwise provided in this section, every person who possesses any drug defined in subsections 1, 2, 11 and 12 of NRS 454.220, except upon the written prescription of a physician, dentist, chiropodist or veterinarian licensed to practice in this state, is guilty of a gross misdemeanor. If such a person has been twice previously convicted of any offense:

      (a) Described in this section; or

      (b) Under any other law of the United States or this or any other state or district which if committed in this state would have been punishable as an offense under this section,

he shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.

      2.  No prescription is required for possession of such drugs by pharmacists, physicians, dentists, chiropodists, veterinarians, jobbers, wholesalers, manufacturers or laboratories, or a rancher who possesses such dangerous drugs in a reasonable amount for use solely in the treatment of livestock on his own premises.

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

 

________

 

 

CHAPTER 161, AB 319

Assembly Bill No. 319–Committee on Social Welfare

CHAPTER 161

AN ACT to amend NRS section 427.110, relating to old-age assistance, by amending provisions relating to the amount of assistance payments.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 427.110 is hereby amended to read as follows:

      427.110  1.  The amount of the old-age assistance which any person shall receive under the provisions of this chapter shall be determined with due regard to the resources and necessary expenditures of the individual and the conditions existing in each case, and shall, in any event, be sufficient, when added to all other income and support of the recipient, to provide such person with a reasonable subsistence compatible with decency and his needs and health.

 


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

ê1965 Statutes of Nevada, Page 306 (Chapter 161, AB 319)ê

 

with due regard to the resources and necessary expenditures of the individual and the conditions existing in each case, and shall, in any event, be sufficient, when added to all other income and support of the recipient, to provide such person with a reasonable subsistence compatible with decency and his needs and health.

      2.  The amount of income reasonably necessary to support each needy aged person requiring assistance, pursuant to the provisions of this chapter, including all income [from every source,] not excluded by law or regulation, is hereby determined and designated as not less than $40 per month and, in determining the amount of assistance for each such person, the state board shall fix the amount of such assistance at such a sum as, when added to [all] income from every source, shall equal the sum of not less than $40 per month.

 

________

 

 

CHAPTER 162, AB 333

Assembly Bill No. 333–Messrs. Delaney, Howard and Knisley

CHAPTER 162

AN ACT to amend chapter 475 of NRS, relating to crimes and responsibilities relating to fires, by adding new sections empowering the governor to close land and prohibit burning in fire-hazardous areas, and requiring that any dump be operated in such a manner as to guard against the escape of fire.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 475 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Whenever the governor finds that conditions of extreme fire hazard exist, either in or out of the fire hazard season, he may by proclamation close or partially close such land or areas as he may find to be in such condition of extreme hazard to the general public and prohibit or limit burning and other acts thereon to such degree and in such ways as he deems necessary to reduce the danger of forest and other wildland fires.

      2.  The governor shall declare the end of any such emergency only upon finding that the conditions of extreme fire hazard no longer exist.

      Sec. 2.  1.  Any county, municipality, public institution, agency, corporation, person or persons, or other entity maintaining or operating a dump shall provide such devices and conditions therefor as will reasonably promote the safe operation thereof and guard against the escape of fire therefrom.

      2.  The state forester firewarden shall have power to make rules and regulations for the implementation of this section.

 

________

 

 


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

ê1965 Statutes of Nevada, Page 307ê

 

CHAPTER 163, AB 382

Assembly Bill No. 382–Messrs. Bowler, Bunker and Close

CHAPTER 163

AN ACT to amend NRS section 639.020, relating to the state board of pharmacy, by providing that no more than two members may be appointed from any one county.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 639.020 is hereby amended to read as follows:

      639.020  1.  The state board of pharmacy consisting of five members appointed by the governor is hereby created.

      2.  Appointees shall be competent registered pharmacists actively engaged in the practice of pharmacy in this state [, residing in different parts of the state,] and shall have had at least 10 years’ experience as registered pharmacists in this state. Not more than two members may be appointed from any one county.

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

 

________

 

 

CHAPTER 164, AB 406

Assembly Bill No. 406–Committee on Taxation

CHAPTER 164

AN ACT authorizing the Nevada tax commission to waive the 3-month limitation in which applications for refunds of motor vehicle fuel taxes may be submitted and to arrange for a refund of taxes erroneously paid by the General Distributing Company of Reno, Nevada.

 

[Approved March 19, 1965]

 

      Whereas, The General Distributing Company of Reno, Nevada, exported 100,227 gallons of Nevada tax-paid gasoline to the Lucky 7 service station in Tahoe City, California; and

      Whereas, The General Distributing Company erroneously paid motor vehicle fuel taxes on such gasoline; and

      Whereas, NRS 365.420, limiting the time in which tax refund applications may be filed, prevents the General Distributing Company from applying for a refund; now, therefore,

 

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

do enact as follows:

 

      Section 1.  The Nevada tax commission is hereby authorized to waive the limitations contained in NRS 365.420 as they apply to the taxes erroneously paid by the General Distributing Company of Reno, Nevada, and is hereby authorized to arrange for a refund to the General Distributing Company of Reno, Nevada, of taxes erroneously paid by such company in the amount of $6,013.12.

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

 

________

 

 


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

ê1965 Statutes of Nevada, Page 308ê

 

CHAPTER 165, AB 415

Assembly Bill No. 415–Mr. Bastian

CHAPTER 165

AN ACT to amend NRS section 360.140, relating to hiring of personnel by the tax commission, by abolishing the requirement of approval by the state board of examiners, by providing for assignment of personnel to places both in and out of the state, and by allowing per diem expenses only when such persons are away from their assigned places on business of commission; and providing other matters properly relating thereto.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 360.140 is hereby amended to read as follows:

      360.140  1.  With the approval and consent of the Nevada tax commission, [and of the state board of examiners,] the secretary may employ such clerical or expert assistance as may be required.

      2.  Persons employed by the secretary may be assigned to stations, offices or locations selected by the secretary both within the state and in other states where in the judgment of the secretary it is necessary to maintain personnel to protect, investigate and collect revenues to which the state is entitled.

      3.  Any person assigned to a station, office or location as provided in subsection 2 shall be entitled to receive per diem allowance only when the business of the commission takes him away from the particular station, office or location to which he is assigned.

      Sec. 2.  This act shall become effective upon passage and approval and shall operate retroactively to February 1, 1965.

 

________

 

 

CHAPTER 166, AB 50

Assembly Bill No. 50–Messrs. Swobe, Glaser, Miss Herr, Mrs. Parsons, Messrs. Rosaschi, Johnson, Mrs. Frazzini, Messrs. Leavitt, Godbey, Harris, Giomi, Mrs. Tyson, Messrs. Mello, Howard, Alleman and Delaney

CHAPTER 166

AN ACT guaranteeing certain employees who are dismissed from the public service of counties, incorporated cities and unincorporated towns the right to public hearings; to amend chapters 245, 268 and 269 of NRS, relating respectively to county officers and employees, powers and duties common to cities incorporated under general or special laws and unincorporated towns, by adding new sections thereto providing for such public hearings; and providing other matters properly relating thereto.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 245 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  When an employee of a county other than a department head, county manager or county administrator who has been employed by the county for 12 or more months is dismissed from employment he may request within 15 days of the date of dismissal a written statement specifically setting forth the reasons for such dismissal.

 


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

ê1965 Statutes of Nevada, Page 309 (Chapter 166, AB 50)ê

 

may request within 15 days of the date of dismissal a written statement specifically setting forth the reasons for such dismissal. Within 15 days of the date of such request he shall be furnished such a written statement. Within 30 days after receipt of such written statement, the dismissed employee may, in writing, request a public hearing before the board of county commissioners to determine the reasonableness of such action. The board of county commissioners shall grant the dismissed employee a public hearing within 15 days after receipt of the written request. At the public hearing, technical rules of evidence shall not apply.

      2.  Boards of county commissioners are authorized to enact ordinances necessary to make effective the purposes of this section.

      Sec. 2.  Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Except as otherwise provided in subsection 2, when an employee of an incorporated city (whether organized under the general law or by special charter) other than a department head, city manager or city administrator who has been employed by the incorporated city for 12 or more months is dismissed from employment he may request within 15 days of the date of dismissal a written statement specifically setting forth the reasons for such dismissal. Within 15 days of the date of such request he shall be furnished such a written statement. Within 30 days after receipt of such written statement the dismissed employee may, in writing, request a public hearing before the governing board of the incorporated city to determine the reasonableness of such action. The governing board of the incorporated city shall grant the dismissed employee a public hearing within 15 days after the receipt of the written request. At the public hearing, technical rules of evidence shall not apply.

      2.  The provisions of this section shall not apply to cities organized by special charters when such special charters and ordinances enacted pursuant thereto provide a civil service system for such incorporated city and its employees and public hearings are guaranteed to like employees upon their dismissal from public service.

      Sec. 3.  Chapter 269 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  When an employee of an unincorporated town other than a department head who has been employed by the unincorporated town for 12 or more months is dismissed from employment he may request within 15 days of the date of dismissal a written statement specifically setting forth the reasons for such dismissal. Within 15 days of the date of such request he shall be furnished such a written statement. Within 30 days after receipt of such written statement, the dismissed employee may, in writing, request a public hearing before the board of county commissioners to determine the reasonableness of such action. The board of county commissioners shall grant the dismissed employee a public hearing within 15 days after receipt of the written request. At the public hearing, technical rules of evidence shall not apply.

      2.  Boards of county commissioners are authorized to enact town ordinances necessary to make effective the purposes of this section.

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

 

________

 

 


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

ê1965 Statutes of Nevada, Page 310ê

 

CHAPTER 167, AB 209

Assembly Bill No. 209–Mr. Kean

CHAPTER 167

AN ACT to amend NRS sections 474.190 and 474.200, relating to county fire protection district taxation of property for fire control, by authorizing the district directors under certain conditions to prorate the amount of tax upon the assessed value of improvements, personal property and land, and by requiring taxation of all public utility lines and excluding from taxation all other personal property; and providing other matters properly relating thereto.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 474.190 is hereby amended to read as follows:

      474.190  1.  Subject to the provisions of subsection 3, annually on or before January 20, the board of directors of each county fire protection district shall:

      (a) Estimate the amount of money which will be needed to defray the cost of maintenance thereof and to meet such other expenditures as are authorized by NRS 474.010 to 474.450, inclusive, in connection therewith.

      (b) Ascertain from the county assessor or assessors the assessed value of the assessable property within the district.

      2.  The board shall then determine the amount of the tax sufficient to raise the sum estimated to be necessary.

      3.  The amount of money to be raised for the purpose of establishing and equipping the district with fire-fighting facilities shall not in any 1 year exceed 1 percent of the assessable property within the district. The amount of money to be raised for the purpose of maintaining the district each year shall not exceed one-half of 1 percent of the assessable property within the district.

      4.  In determining the amount of the tax as provided in subsection 2, the board of directors shall prorate 80 percent of the amount of the tax upon the assessed value of improvements and personal property upon each parcel of land and 20 percent upon the assessed value of each parcel of land, if upon the formation of the district a provision for such procedure was included in the notice to create the district approved by the property owners, or if a petition requesting such procedure, signed by not less than a majority of the property owners within the district, is presented to the board prior to January 20.

      5.  When so determined, the amount of the tax shall be certified to the boards of county commissioners of the counties in which any portion of the district is located.

      Sec. 2.  NRS 474.200 is hereby amended to read as follows:

      474.200  1.  At the time of making the levy of county taxes for that year, the boards of county commissioners shall levy the tax certified [upon all property, with the exception of livestock of all classes, farm machinery and farm vehicles and implements, in the district.] upon all real property, together with improvements thereon and all telephone lines, powerlines and other public utility lines which are defined as personal property within the provisions of NRS 361.030, in the district.

 


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ê1965 Statutes of Nevada, Page 311 (Chapter 167, AB 209)ê

 

as personal property within the provisions of NRS 361.030, in the district. Any tax levied on interstate or intercounty telephone lines, powerlines and other public utility lines as authorized herein shall be based upon valuations as established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.

      2.  When levied, the tax shall be entered upon the assessment rolls and collected in the same manner as state and county taxes.

      3.  When the tax is collected it shall be placed in the treasury of the county in which the greater portion of the district is located, to the credit of the current expense fund of the district, and shall be used only for the purpose for which it was raised.

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

 

________

 

 

CHAPTER 168, AB 242

Assembly Bill No. 242–Committee on Labor

CHAPTER 168

AN ACT to amend NRS section 6.150, relating to fees and expenses of jurors, by increasing the daily attendance fee.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 6.150 is hereby amended to read as follows:

      6.150  1.  Each person summoned to attend as a grand juror or a trial juror [,] in the district court or justice’s court, unless on or before the day he is summoned to attend he [be] is excused by the court at his own request from serving, shall receive $6 per day for each day he may be in attendance [,] in response to the venire or summons, which shall include Sundays and holidays. [, and 15 cents a mile for each mile necessarily and actually traveled by the shortest and most practical route, one way only. Where the mileage does not exceed 1 mile, no allowance shall be made therefor.

      2.  Jurors actually sworn and serving in civil cases or proceedings in justices’ courts shall receive $6 per day each as full compensation for each day of service.

      3.  Trial jurors in criminal cases in justices’ courts shall receive $6 per day each as full compensation for each day’s service, but no mileage shall be allowed for any distance traveled less than 1 mile.]

      2.  Each grand juror and trial juror in the district court or justice’s court actually sworn and serving shall receive $10 per day each as full compensation for each day of service.

      3.  Each person summoned to attend as a grand juror or a trial juror in the district court or justice’s court and each grand juror and trial juror in the district court or justice’s court shall receive 15 cents a mile for each mile necessarily and actually traveled by the shortest and most practical route, one way only.

 


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ê1965 Statutes of Nevada, Page 312 (Chapter 168, AB 242)ê

 

and most practical route, one way only. Where the mileage does not exceed 1 mile, no allowance shall be made therefor.

      4.  In civil cases, the per diem of each juror engaged in the trial of the cause shall be paid each day in advance to the clerk of the court, or the justice of the peace, by the party who shall have demanded the jury. In case the party paying such fees shall be the prevailing party, the fees so paid shall be recoverable as costs from the losing party. If the jury from any cause be discharged in a civil action without finding a verdict and the party who demands the jury shall afterwards obtain judgment, the fees so paid shall be recoverable as costs from the losing party.

      5.  The fees paid jurors by the county clerks for services in a civil action or proceeding (which he has received from the party demanding the jury) shall be deducted from the total amount due them for attendance as such jurors, and any balance shall be a charge against the county.

 

________

 

 

CHAPTER 169, AB 336

Assembly Bill No. 336–Mr. Bailey

CHAPTER 169

AN ACT to amend chapter 353 of NRS, relating to state financial administration, by providing for investment of state funds placed in escrow; and providing other matters properly relating thereto.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 353 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      When state funds are placed in escrow, the escrow agent is authorized to invest such funds in United States Government securities whose maturity date is prior to the end of the escrow period. The interest from such securities shall be credited to the proper state agency.

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

 

________

 

 


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ê1965 Statutes of Nevada, Page 313ê

 

CHAPTER 170, AB 386

Assembly Bill No. 386–Mr. Jacobsen

CHAPTER 170

AN ACT to amend an act entitled “An Act fixing the salaries and compensation of certain officers of Douglas County, Nevada, providing for the appointment and salaries of deputy sheriffs and other matters properly relating thereto, and repealing all acts and parts of acts in conflict therewith,” approved March 21, 1953, as amended.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 72, Statutes of Nevada 1963, at page 73, is hereby amended to read as follows:

      Section 1.  The following-named officers of Douglas County, Nevada, shall receive, in full payment for all services rendered by them, the following salaries:

      The sheriff shall receive the sum of $7,800 per annum, and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of his official duties in the county. The sheriff may, with the consent and approval of the board of county commissioners, appoint one undersheriff at a salary of not to exceed [$550] $600 per month, one lieutenant at a salary of not to exceed [$525] $575 per month, one or more sergeants at a salary of not to exceed $550 per month, and one or more deputy sheriffs at a salary of not to exceed [$500] $525 per month. The undersheriff, the lieutenant, sergeants and deputy sheriffs shall receive mileage, as may be fixed by the board of county commissioners. Such salaries shall be in full payment for all services performed by the sheriff, undersheriff, lieutenant, sergeants and deputies.

      Sec. 2.  Section 5 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 211, Statutes of Nevada 1961, at page 356, is hereby amended to read as follows:

      Section 5.  The district attorney shall receive the sum of [$6,600] $7,800 per annum. [Said] Such salary shall be in full payment for all services now required by law to be performed by the district attorney, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county. The [said] district attorney shall prosecute all criminal cases, [and] attend the trials of the same at any place in Douglas County, and [also attend to and] shall be the legal advisor for [said] the county.

      Sec. 3.  Section 8.2 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as added by chapter 211, Statutes of Nevada 1961, at page 356, and as amended by chapter 72, Statutes of Nevada 1963, at page 74, is hereby amended to read as follows:

      Section 8.2  Clerical employees of Douglas County elective officers shall each receive a salary not to exceed [$450] $500 per month.

      Sec. 4.  This act shall become effective on the first day of the first month following its passage and approval.

 

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ê1965 Statutes of Nevada, Page 314ê

 

CHAPTER 171, SB 68

Senate Bill No. 68–Committee on Aviation, Transportation and Highways

CHAPTER 171

AN ACT to amend NRS section 334.010, relating to state automobiles, by decreasing the required size of the state seal to 8 inches.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 334.010 is hereby amended to read as follows:

      334.010  1.  Except as otherwise provided in subsection 2, and except for automobiles to be used as ambulances, any automobile purchased by or on behalf of the State of Nevada, any department, office, bureau, or official or employee thereof, shall cost a sum of money not to exceed $3,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.

      2.  Any automobile purchased by or on behalf of the governor shall cost a sum of money not to exceed $5,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.

      3.  No automobile shall be purchased by any department, office, bureau, official or employee of the state without prior written consent of the state board of examiners.

      4.  All such automobiles shall be used for official purposes only.

      5.  All such automobiles, except automobiles maintained for and used by or under the authority and direction of the state board of parole commissioners, the state contractors’ board and auditors and investigators of the state gaming control board, and one automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center, shall be labeled on both sides thereof by painting the words “For Official Use Only” thereon in plain lettering and by placing a facsimile of the great seal of the State of Nevada thereon. The facsimile shall not be less than [12] 8 inches in diameter and shall be placed or inscribed on the automobile by painting, the use of decalcomania, or other method whereby the same shall be clearly and permanently visible. The public service commission of Nevada shall furnish each state department or officer with stencils, decalcomania, or other materials necessary for placing the facsimile of the great seal on each such automobile and shall charge the necessary costs thereof to the department or officer receiving the same.

      6.  Any officer or employee of the State of Nevada who violates any provision of this section shall be guilty of a misdemeanor.

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

 

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ê1965 Statutes of Nevada, Page 315ê

 

CHAPTER 172, SB 78

Senate Bill No. 78–Senator Whitacre

CHAPTER 172

AN ACT to amend NRS section 286.480, relating to credit for federal service toward Nevada public employees’ retirement, by including time served in the Civilian Conservation Corps.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 286.480 is hereby amended to read as follows:

      286.480  1.  Service in the State of Nevada in the agencies formerly known as the Nevada Emergency Relief Administration, the National Youth Administration, the Civil Works Administration, the Federal Emergency Relief Administration, the Works Progress Administration, the Civilian Conservation Corps and the Public Works Administration shall be considered as service to be credited for retirement under the provisions of this chapter.

      2.  Employees of any or all of the agencies specified in this section, whether assigned to the administrative payroll or to a specific project in an administrative capacity, who were not certified relief workers, shall be considered to qualify for retirement credit, if otherwise eligible, under the provisions of this chapter.

      3.  In order to determine the qualifications of such an employee, the board may require reasonable evidence or affidavits sworn to by two responsible persons having direct knowledge of such employee’s service, which affidavits shall positively affirm that the employee was not a relief worker. Such affidavits shall be acceptable as proof of such service.

 

________

 

 

CHAPTER 173, SB 100

Senate Bill No. 100–Committee on Aviation, Transportation and Highways

CHAPTER 173

AN ACT to amend NRS section 482.480, relating to motor vehicle registration fees, by including buses; to amend chapter 482 of NRS, relating to vehicle licensing and registration, by adding new sections defining terms; by providing exemptions; to repeal NRS section 482.505, relating to exemptions from registration fees; and providing other matters properly relating thereto.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 482.480 is hereby amended to read as follows:

      482.480  There shall be paid to the department for the registration or transfer of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

      1.  For each stock passenger car, bus and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a flat registration fee of $5.50.

 


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ê1965 Statutes of Nevada, Page 316 (Chapter 173, SB 100)ê

 

specially constructed passenger car, regardless of weight or number of passenger capacity, a flat registration fee of $5.50.

      2.  For every motorcycle, the sum of $3.50.

      3.  For every truck having an unladened weight of 3,500 pounds or less, as shown by a public weighmaster’s certificate, a flat registration fee of $7.

      4.  For every trailer having an unladened weight of 1,000 pounds or less, a flat registration fee of $2.50. For every trailer having an unladened weight of more than 1,000 pounds, but not more than 3,500 pounds, a flat registration fee of $5.50. For every truck or trailer having an unladened weight of more than 3,500 pounds and less than 4,000 pounds, fees according to the following schedule:

 

3,501 to and including 3,549 pounds.................................................................... $8

3,550 to and including 3,649 pounds.................................................................... 10

3,650 to and including 3,749 pounds.................................................................... 12

3,750 to and including 3,849 pounds.................................................................... 14

3,850 to and including 3,949 pounds.................................................................... 16

3,950 to and including 3,999 pounds.................................................................... 18

 

      5.  For every truck or trailer having an unladened weight of 4,000 pounds or more, except mobile homes, truck-tractor and semitrailer, 50 cents per 100 pounds, or major fraction thereof, of unladened weight as shown by a public weighmaster’s certificate. At the time of weighing, each vehicle shall have in place each and every accessory and appliance belonging to and used on such vehicle in the transportation of property.

      6.  For every mobile home, the registration fee shall be $5.50.

      7.  Except as provided in subsection 8, for each transfer of registration the fee shall be $2.

      8.  The fee for transfer of a registration to any motor vehicle enumerated in subsection 5 shall be $2 plus the excess, if any, of the fee which would have been payable for an original registration of such vehicle over the fee paid for registration of the vehicle from which the registration is transferred.

      Sec. 2.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  “Bus” means any motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for transportation of persons for compensation.

      Sec. 4.  The registration fee 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. 5.  NRS 482.505 is hereby repealed.

 

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ê1965 Statutes of Nevada, Page 317ê

 

CHAPTER 174, SB 119

Senate Bill No. 119–Senator Dial

CHAPTER 174

AN ACT to amend NRS sections 693.320, 693.340 and 693.380, relating to the deposit of security or surety bonds required of motor clubs, suit on surety bonds posted by motor clubs, and certificates of authority for motor clubs, by allowing motor clubs to present evidence that security or surety bonds have been filed in another state in lieu of posting security or bond in this state, prescribing conditions of such filing in the other state; providing for suit on bond posted in another state; providing that a certificate of authority may be issued if the motor club has filed evidence of filing of security or surety bond in another state; and providing other matters properly relating thereto.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 693.320 is hereby amended to read as follows:

      693.320  1.  A person shall not render or agree to render motor club service without first depositing and thereafter continuously maintaining security in one of the following forms with the commissioner:

      (a) The sum of $100,000 in cash.

      (b) Securities approved by the commissioner, having a market value of $100,000 and being of a type approved by the commissioner and legal for investment by admitted insurers issuing nonassessable policies on a reserve basis.

      (c) A surety bond in the principal sum of $100,000 with an admitted surety insurer as surety.

      2.  [The provisions of subsection 1 shall not apply until July 1, 1960, to any person rendering motor club service in this state on July 1, 1959] In lieu of the deposit required by subsection 1, a foreign or alien motor club may deposit evidence satisfactory to the commissioner that it has on deposit with an official of a state of the United States, authorized by the law of such state to accept such deposit:

      (a) Securities which meet the requirements of paragraph (b) of subsection 1 of at least a like amount for the benefit and security of all members and creditors of such motor club; or

      (b) A surety bond, in the principal sum of $100,000, which meets the requirements of NRS 693.330, issued by a bonding company authorized to do business in the State of Nevada and in the state where the bond is posted.

      Sec. 2.  NRS 693.340 is hereby amended to read as follows:

      693.340  If such bond or evidence that such bond is filed in another state is filed, any person defrauded or injured by any wrongful act, misrepresentation or failure on the part of a motor club with respect to the selling or rendering of any of its services may bring suit on such bond in his own name; but the aggregate liability of the surety for all such suits shall, in no event, exceed the sum of such bond.

      Sec. 3.  NRS 693.380 is hereby amended to read as follows:

      693.380  The commissioner shall not issue a certificate of authority to any motor club until:

 


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ê1965 Statutes of Nevada, Page 318 (Chapter 174, SB 119)ê

 

      1.  It files with him the following:

      (a) A formal application for the certificate in such form and detail as the commissioner requires, executed under oath by its president or other principal officer.

      (b) A certified copy of its charter or articles of incorporation and its bylaws.

      2.  It pays to the commissioner an annual license fee of $10.

      3.  It deposits the required cash, securities [or] , bond or evidence of such deposit in another state as provided in NRS 693.320 with the commissioner.

      4.  Its name is approved by the commissioner under the provisions of NRS 693.360.

 

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CHAPTER 175, SB 168

Senate Bill No. 168–Committee on Aviation, Transportation and Highways

CHAPTER 175

AN ACT to amend NRS section 482.375, relating to the issuance of special motor vehicle license plates by the department of motor vehicles to amateur radio station licensees, by restricting the use of such special license plates to private passenger cars and certain noncommercial trucks.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 482.375 is hereby amended to read as follows:

      482.375  1.  An owner of a motor vehicle who is a resident of the State of Nevada and who holds an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application accompanied by proof of ownership of such amateur radio station license, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and upon the payment of the regular license fee for plates as prescribed by law, and the payment of an additional fee of $3, shall be issued a license plate or plates, [as prescribed by law for private passenger cars,] upon which in lieu of the numbers as prescribed by law shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission. Such plate or plates may be used only on a private passenger car or on a noncommercial truck having a rated capacity of 1 ton or less.

      2.  The department shall make such rules and regulations as are necessary to ascertain compliance with all state license laws relating to use and operation of a [private passenger car] motor vehicle before issuing such plates in lieu of the regular Nevada license plate or plates, and all applications for such plates shall be made to the department.

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

 

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ê1965 Statutes of Nevada, Page 319ê

 

CHAPTER 176, SB 171

Senate Bill No. 171–Committee on Aviation, Transportation and Highways

CHAPTER 176

AN ACT to amend NRS section 483.400, relating to records kept by the department of motor vehicles, by changing the requirements for maintenance of files containing driver’s license applications; and providing other matters properly relating thereto.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 483.400 is hereby amended to read as follows:

      483.400  1.  The department shall [file every application for a license received by it and shall maintain suitable indices containing, in alphabetical order:] maintain files of applications for license. Such files shall contain:

      (a) All applications denied and on each thereof note the reasons for such denial.

      (b) All applications granted.

      (c) The name of every licensee whose license has been suspended or revoked by the department and after each such name note the reasons for such action.

      2.  The department shall also file all accident reports and abstracts of court records of convictions received by it under the laws of this state, and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which he was involved shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times.

 

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CHAPTER 177, SB 188

Senate Bill No. 188–Committee on Labor

CHAPTER 177

AN ACT to amend NRS section 616.580 of the Nevada Industrial Insurance Act, relating to permanent total disability compensation, by changing the benefits for each worker and each dependent and the maximum benefit to a percentage of wages, and by providing that such increase shall not be retroactive.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 616.580 is hereby amended to read as follows:

      616.580  Every employee in the employ of an employer, within the provisions of this chapter, who shall be injured by accident arising out of and in the course of employment, or his dependents as defined in this chapter, shall be entitled to receive the following compensation for permanent total disability:

 


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

ê1965 Statutes of Nevada, Page 320 (Chapter 177, SB 188)ê

 

      1.  In cases of total disability adjudged to be permanent, compensation [of $162.50] per month [;] of 65 percent of the average monthly wage; and, if there be one or more persons residing in the United States dependent upon the workman at the time of the injury, an additional [$37.50 per month] 15 percent for each dependent, but not more [than $225] per month [.] than 90 percent of the average monthly wage. Any excess of wages over $270 per month shall not be taken into account in computing such compensation.

      2.  In cases of permanent total disability, if the character of the injury is such as to render the workman so physically helpless as to require the service of a constant attendant, an additional allowance of $50 per month may be made so long as such requirements shall continue, but such increase shall not obtain or be operative while the workman is receiving hospital care under or pursuant to the provisions of NRS 616.410 and 616.415.

      3.  Those recipients who have been adjudged to be permanent disability cases, and are receiving $162.50 per month plus dependency allowance shall continue to receive such benefits, and they shall not participate in any increase in benefits resulting from the amendment of subsection 1.

 

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CHAPTER 178, SB 261

Senate Bill No. 261–Committee on Labor

CHAPTER 178

AN ACT to amend chapter 607 of NRS, relating to the labor commissioner, by adding a new section providing that the labor commissioner or other designated agent of employees may take assignments of wage claims and bring a consolidated action thereon.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 607 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The labor commissioner or other designated agent of employees may take assignments of wage claims and bring a single action against any one employer on any number of such assigned claims.

 

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

ê1965 Statutes of Nevada, Page 321ê

 

CHAPTER 179, AB 289

Assembly Bill No. 289–Mr. Young

CHAPTER 179

AN ACT to amend chapter 328 of NRS, relating to federal lands, by granting the consent of the State of Nevada to the acquisition of land within the state by the U.S. Department of the Interior for the protection of natural resources or the better administration of public lands and validating all such prior acquisitions; and providing other matters properly relating thereto.

 

[Approved March 19, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 328 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Consent of the State of Nevada is hereby given for the acquisition of lands by gift or exchange within the State of Nevada by the United States, which lands in the opinion of the Secretary of the Interior of the United States, or his authorized representative, may be needed for the protection of the natural resources occurring thereon or within the lands or to promote the efficiency and economy of administration of the public lands administered by the Department of the Interior for the United States.

      2.  Consent of the State of Nevada is hereby given for the acquisition by the United States by purchase, gift, exchange or otherwise of such easements and rights-of-way within the State of Nevada as in the opinion of the Secretary of the Interior of the United States, or his authorized representative, may be needed for the protection of natural resources or to promote the efficiency and economy of administration of the public lands administered by the Department of the Interior for the United States.

      3.  All acquisitions of lands or easements and rights-of-way, or any other interest in land made by the United States on behalf of the Department of the Interior by exchange, purchase, gift or otherwise, before this section takes effect, are hereby declared to be valid, notwithstanding the provisions of NRS 328.140.

      4.  The State of Nevada hereby reserves the right to tax persons and corporations and their property situate on such lands pursuant to its tax and revenue laws. The state hereby retains its civil and criminal jurisdiction over all persons within or who may come within any of the lands, except as to offenses against the United States, and all such persons shall retain all their rights and privileges and perform their duties as citizens and inhabitants of the state according to its law.

      Sec. 2.  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. 3.  This act shall become effective upon passage and approval.

 

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ê1965 Statutes of Nevada, Page 322ê

 

CHAPTER 180, AB 65

Assembly Bill No. 65–Committee on Judiciary

CHAPTER 180

AN ACT to amend NRS section 463.145, relating to procedure for adoption of regulations by the Nevada gaming commission, by deleting obsolete provisions.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 463.145 is hereby amended to read as follows:

      463.145  1.  [The commission shall adopt, or from time to time amend or repeal, any regulations of the Nevada tax commission and the state gaming control board in effect on March 30, 1959. Any such regulations so adopted or amended shall be and remain in effect pending the adoption of revised regulations in accordance with the provisions of this section.

      2.  The commission shall forthwith commence a study of all regulations adopted pursuant to subsection 1 with a view to their revision. Such revision shall be accomplished in the following manner:

      (a) Prior to August 1, 1959, any interested person may file with the commission any written statements, arguments or contentions regarding such existing regulations and propose revisions thereof.

      (b) Prior to October 15, 1959, the commission shall prepare an initial draft of such revised regulations as it deems appropriate and shall distribute such drafts to all persons having filed with the commission a written request therefor, and to such other persons as the commission may deem advisable.

      (c) Prior to December 1, 1959, all interested persons may file with the commission written statements, arguments or contentions regarding the initial draft. The commission shall schedule a public hearing thereon in Carson City, Nevada, and thereafter may conduct such other hearings as it may deem necessary or appropriate.

      (d) After completion of its hearings, the commission shall enter its order adopting the new regulations of the board and commission and repealing existing regulations upon the effective date of the new regulations. The effective date of the new regulations shall not be earlier than 30 days after the date on which the order of adoption is entered.

      3.  After the adoption of the revised regulations of the commission as set forth in subsection 2, the] The commission may, [thereafter,] pursuant to NRS 463.150, adopt, amend and repeal regulations in accordance with the following procedures:

      (a) At least 30 days prior to the adoption, amendment or repeal of a regulation, notice of the proposed action shall be:

             (1) Published in such newspaper as the commission shall prescribe;

             (2) Mailed to every person who has filed a request therefor with the commission; and

             (3) When the commission deems advisable, mailed to any person whom the commission believes would be interested in the proposed action, and published in such additional form and manner as the commission may prescribe.

 


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ê1965 Statutes of Nevada, Page 323 (Chapter 180, AB 65)ê

 

action, and published in such additional form and manner as the commission may prescribe.

      (b) The notice of proposed adoption, amendment or repeal shall include:

             (1) A statement of the time, place and nature of the proceedings for adoption, amendment or repeal;

             (2) Reference to the authority under which the action is proposed; and

             (3) Either the express terms or an informative summary of the proposed action.

      (c) On the date and at the time and place designated in the notice, the commission shall afford any interested person or his duly authorized representative, or both, the opportunity to present statements, arguments, or contentions in writing, with or without opportunity to present the same orally. The commission shall consider all relevant matter presented to it before adopting, amending or repealing any regulation.

      (d) Any interested person may file a petition with the commission requesting the adoption, amendment or repeal of a regulation. Such petition shall state, clearly and concisely:

             (1) The substance or nature of the regulation, amendment or repeal requested;

             (2) The reasons for the request; and

             (3) Reference to the authority of the commission to take the action requested.

      Upon receipt of the petition, the commission shall within 30 days deny the request in writing or schedule the matter for action pursuant to this subsection.

      (e) In emergencies, the commission may summarily adopt, amend or repeal any regulation if at the same time it files a finding that such action is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare, together with a statement of facts constituting the emergency.

      [4.] 2.  In any hearing under this section, the commission or its duly authorized representative shall have authority to administer oaths or affirmations, and may continue or postpone such hearing from time to time and at such place as it prescribes.

      [5.] 3.  The commission may request the advice and assistance of the gaming control board [and the statute revision commission] in carrying out the provisions of this section.

      [6.] 4.  The commission or any applicant or licensee may obtain a judicial determination of any question of construction or validity arising under this chapter or any regulation of the commission by bringing an action for a declaratory judgment in the First Judicial District Court of the State of Nevada, in and for the County of Ormsby, or in the district court of the district in which such person resides in accordance with the provisions of chapter 30 of NRS. Any question of construction or validity of this chapter or any regulation of the commission shall be deemed a justiciable controversy for the purposes of chapter 30 of NRS.

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

 

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ê1965 Statutes of Nevada, Page 324ê

 

CHAPTER 181, AB 96

Assembly Bill No. 96–Committee on Education

CHAPTER 181

AN ACT to amend NRS sections 387.180 and 387.240, relating to the payment by county and joint school district boards of trustees for credit to respective school district funds, by providing for credit to respective school district buildings and sites funds where appropriate.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 387.180 is hereby amended to read as follows:

      387.180  The board of trustees of each county school district shall pay all moneys [, from any source whatever, collected] received by it for school purposes [,] into the county treasury at the end of each month to be placed to the credit of the county school district fund [.] or the county school district buildings and sites fund as provided for in this chapter.

      Sec. 2.  NRS 387.240 is hereby amended to read as follows:

      387.240  1.  The board of trustees of each joint school district shall pay all moneys [from any source whatever collected] received by it [,] for school purposes [,] into the joint school district fund, or the joint school district buildings and sites fund as provided for in this chapter, at the end of each month.

      2.  All receipts and taxes for the maintenance and operation of the public schools collected by a county treasurer of a county the territory of which is within a joint school district shall be paid by him to the county treasurer holding the joint school district fund.

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

 

________

 

 

CHAPTER 182, AB 126

Assembly Bill No. 126–Mr. Kean

CHAPTER 182

AN ACT to amend chapter 205 of NRS, relating to crimes against property, by adding new sections making unlawful the use of telephone or telegraph service with the intent to avoid payment by any trick or device; making possession, manufacture, sale and disposition of certain instruments, apparatus and devices unlawful; providing penalties; and providing other matters properly relating thereto.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  It is unlawful to obtain or attempt to obtain telephone or telegraph service with intent to avoid payment therefor by:

 


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ê1965 Statutes of Nevada, Page 325 (Chapter 182, AB 126)ê

 

      (a) Charging the service to an existing telephone number without authority of the subscriber, to a nonexistent telephone number or to a number associated with telephone service which is suspended or terminated after notice of suspension or termination has been given to the subscriber; or

      (b) Charging the service to a credit card without authority of the lawful holder, to a nonexistent credit card or to a revoked or canceled (as distinguished from expired) credit card after notice of revocation or cancellation has been given to the holder; or

      (c) Using a code, prearranged scheme or other similar device to send or receive information; or

      (d) Rearranging, tampering with or making connection with any facilities or equipment, whether physically, electrically, acoustically, inductively or otherwise; or

      (e) Using any other deception, false token or other means to avoid payment for the service; or

      (f) Concealing, or assisting another to conceal, from any telephone or telegraph company or from any lawful authority the existence or place of origin or destination of any message.

      2.  If the value of the service involved is $300 or more, any person violating the provisions of this section is guilty of a felony. If the value of the service involved is less than $300, any person violating the provisions of this section is guilty of a misdemeanor. In determining the value of the service involved, the value of all services unlawfully obtained or attempted to be obtained within 3 years prior to the time the indictment is found or the information is filed may be aggregated.

      3.  This section shall apply when the service involved either originates or terminates, or both originates and terminates, in the State of Nevada, or when the charges for such service would have been billable in the normal course by a person, firm or corporation providing such service in Nevada but for the fact that such service was obtained or attempted to be obtained by one or more of the means set forth in subsection 1.

      Sec. 3.  It is unlawful to make or possess any instrument, apparatus or device or to sell, give or otherwise transfer to another or to offer or advertise for sale any instrument, apparatus, device or information, or plans or instructions for making or assembling such equipment, with knowledge or reason to believe that it is intended to be used to obtain telephone or telegraph service with intent to avoid payment therefor by any of the means listed in paragraphs (c), (d) or (f) of subsection 1 of section 1 of this act, or to represent or imply that it may lawfully be so used.

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

 

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

ê1965 Statutes of Nevada, Page 326ê

 

CHAPTER 183, AB 152

Assembly Bill No. 152–Messrs. Glaser and Young

CHAPTER 183

AN ACT to amend chapter 232 of NRS, relating to state departments, by adding new sections creating a state committee on federal land laws in the state department of conservation and natural resources, consisting of the director and 11 members to be appointed by and serve at the governor’s pleasure; providing for employees and expense allowances; requiring reports of activities of the committee to the governor and the legislature; providing for the appointment, compensation and duties of an assistant director of the state department of conservation and natural resources; providing that such assistant director will act as secretary of the state committee on federal land laws and make a study and report of state land problems; imposing a moratorium on the sale, lease and exchange of state lands; and providing other matters properly relating thereto.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2.  To represent and enunciate the State of Nevada’s position on public lands with other western states and before the Federal Land Law Review Commission, there is hereby created in the department the state committee on federal land laws, referred to in sections 3 to 7, inclusive, of this act as the committee.

      Sec. 3.  The director shall serve as chairman of the committee, and the assistant director provided for in section 8 of this act shall be the committee’s secretary. The governor shall appoint 11 other members, each chosen to represent one of the following interests:

      1.  Banks and savings and loan associations;

      2.  City and county governments;

      3.  Woolgrowers;

      4.  Livestock raising;

      5.  State board of fish and game commissioners;

      6.  Mining;

      7.  Agriculture;

      8.  Education;

      9.  Recreation and conservation;

      10.  Railroads; and

      11.  The general public.

      Sec. 4.  Members of the committee shall serve at the governor’s pleasure and shall be allowed per diem expense allowances and travel expenses as fixed by law.

      Sec. 5.  The committee may hire a staff, and such employees shall not be subject to the provisions of chapter 284 of NRS.

      Sec. 6.  Expenditures authorized by the provisions of sections 4 and 5 shall be from funds appropriated to the department.

      Sec. 7.  The committee shall from time to time report in writing to the governor and to the legislature and shall make recommendations concerning public lands and federal land laws.

      Sec. 8.  1.  The director shall appoint an assistant director whose first responsibility shall be to act as the secretary of the state committee on federal land laws as provided in section 3 of this act.

 


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ê1965 Statutes of Nevada, Page 327 (Chapter 183, AB 152)ê

 

first responsibility shall be to act as the secretary of the state committee on federal land laws as provided in section 3 of this act. In addition, he shall perform such other duties as may be designated by the director.

      2.  The assistant director shall:

      (a) Be in the unclassified service of the state notwithstanding the provisions of NRS 232.060 or 284.140 or any other law; and

      (b) Receive such salary as is fixed by the director within the limits of appropriations made by law.

      Sec. 9.  1.  The assistant director appointed pursuant to the provisions of section 8 of this act shall, under the direction of the director, make a study of and prepare a report on state land problems. The required study shall include, but is not limited to:

      (a) An evaluation of state lands, which will determine insofar as possible the existing and future needs for such lands by state agencies and institutions.

      (b) The preparation of a plan for the disposition, transfer or retention of such lands.

      (c) The results of investigations concerning the possibilities of exchanging state lands with the Federal Government or the acquisition of additional lands under existing federal statutes.

      2.  The director shall transmit the report to the 1967 session of the legislature. The report shall:

      (a) Suggest legislative action to be taken concerning state lands in accordance with the plan.

      (b) Recommend to the legislature any changes in state land laws which may be necessary to insure the most equitable solution to the state’s land problems.

      (c) Evaluate existing problems concerning lands held in the names of state agencies and institutions and make recommendations for correction.

      (d) Relate what revisions in procedure have been made or which will be made in the office of the state land register to effect the greatest efficiency in implementing the plan.

      3.  Except as otherwise provided in this subsection, and notwithstanding the provisions of chapters 321, 322 and 323 of NRS, the state land register shall not sell, lease or exchange any state lands until the report required by subsection 2 is transmitted to the legislature and the legislature, by concurrent resolution thereafter adopted, authorizes the resumption of sales, leases or exchanges. The limitations of this subsection shall not apply to prohibit the effectiveness of any special acts of the 1965 legislature authorizing the state land register to convey specifically-described lands owned by the state to school districts or corporations sole.

 

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ê1965 Statutes of Nevada, Page 328ê

 

CHAPTER 184, AB 193

Assembly Bill No. 193–Committee on Social Welfare

CHAPTER 184

AN ACT to amend NRS section 424.030, relating to licensing of foster homes, by providing that the investigation of the home may be made by a child-placing agency licensed by the welfare division of the department of health and welfare.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 424.030 is hereby amended to read as follows:

      424.030  1.  No person shall conduct a foster home as defined in NRS 424.010 without receiving an annual license to do so from the welfare division of the department of health and welfare.

      2.  No license shall be issued to a foster home until an investigation of the home and its standards of care has been made by the welfare division [.] or a child-placing agency licensed by the welfare division.

      3.  Any foster home that conforms to the established standards of care and prescribed rules shall receive a license from the welfare division, which shall be in force for 1 year from the date of issuance. On reconsideration of the standards maintained, the license may be renewed annually.

      4.  The license shall show:

      (a) The name of the persons licensed to conduct the foster home.

      (b) The exact location of the foster home.

      (c) The number of children that may be received and cared for at one time.

      5.  No foster home can receive for care more children than are specified in the license.

 

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ê1965 Statutes of Nevada, Page 329ê

 

CHAPTER 185, AB 195

Assembly Bill No. 195–Committee on Social Welfare

CHAPTER 185

AN ACT to amend NRS section 422.110, relating to meetings of the state welfare board, by providing that meetings may be called by certain officers and by changing minimum meeting requirement to once per calendar quarter; to amend NRS section 422.250, relating to the state welfare gift fund, by adding technical words to broaden the source of funds properly receivable, and by changing the name to allow deposit of federal cooperating funds and by requiring prior approval by the governor of acceptance of funds; to amend NRS section 422.260, relating to state acceptance of federal Social Security funds, by requiring prior approval of the governor to such acceptance and by adding a provision that the state may accept funds hereafter made available under the Social Security Act; to amend NRS section 422.270, relating to powers and duties of the director, by providing that the director may employ and contract for personnel and services for research projects and by providing that the director may use federal assistance to increase efficiency of welfare programs; to amend chapter 422 of NRS, relating to state welfare administration, by adding new sections allowing the state to accept, with prior approval of the governor, funds hereafter made available by the Federal Government for public assistance or child welfare and creating the welfare research fund and providing for its sources and uses; and providing other matters properly relating thereto.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 422.110 is hereby amended to read as follows:

      422.110  1.  The members of the board shall meet at such times and at such places as [they] the board, the chairman of the board, the administrator or the director shall deem necessary, but a meeting of the board shall be held at least once each [month.] calendar quarter.

      2.  Four members of the board shall constitute a quorum, and such quorum may exercise all the power and authority conferred on the board.

      3.  The board shall keep minutes of the transactions of each board session, regular or special, which shall be public records and filed with the welfare division.

      Sec. 2.  NRS 422.250 is hereby amended to read as follows:

      422.250  1.  The welfare division is authorized to accept, with the approval of the governor, gifts [or] , bequests, devises, grants or trusts of funds or property to the welfare division or to the State of Nevada for welfare purposes.

      [2.  Such gifts or bequests] Any funds received shall be deposited in the state treasury in a fund to be known as the state welfare gift and cooperative fund.

      2.  The state welfare gift and cooperative fund shall be a continuing fund without reversion, and money in the fund shall be used for welfare purposes only and expended in accordance with the terms of the gift [or] , bequest [.] , devise, grant or trust.

      Sec. 3.  NRS 422.260 is hereby amended to read as follows:

      422.260  1.  The State of Nevada assents to the purposes of the Act of Congress of the United States entitled the “Social Security Act,” approved August 14, 1935, and assents to such additional federal legislation as is not inconsistent with the purposes of this chapter.

 


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ê1965 Statutes of Nevada, Page 330 (Chapter 185, AB 195)ê

 

approved August 14, 1935, and assents to such additional federal legislation as is not inconsistent with the purposes of this chapter.

      2.  The State of Nevada further accepts, with the approval of the governor, the appropriations of money by Congress in pursuance of the Social Security Act and authorizes the receipt of such money into the state treasury for the use of the department in accordance with this chapter and the conditions imposed by the Social Security Act.

      3.  The State of Nevada is authorized to accept, with the approval of the governor, any additional funds which may become or are made available for extension of programs and services administered by the department under the provisions of the Social Security Act. Such money shall be deposited in the state treasury for the use of the department in accordance with this chapter and the conditions and purposes under which granted by the Federal Government.

      Sec. 4.  NRS 422.270 is hereby amended to read as follows:

      422.270  The director, through the welfare division, shall:

      1.  Administer all public welfare programs of this state, including old-age assistance, blind assistance, aid to dependent children, general assistance, child welfare services, and such other welfare activities and services as now are or hereafter may be authorized or provided for by the laws of this state and vested in the welfare division.

      2.  Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal funds granted to the state to aid in the furtherance of any services and activities as set forth in subsection 1.

      3.  Make rules and regulations for the administration of this chapter which shall be binding upon all recipients and local units.

      4.  [Conduct research, compile statistics on public welfare, determine welfare needs and make recommendations for meeting such needs.] Monitor, explore and research the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting such needs, employing or contracting for such personnel and services as may be provided through legislative appropriations from the general fund or may become available through legislatively authorized or new funds from federal or other sources.

      5.  Cooperate with the Federal Government in adopting state plans, [and] in all matters of mutual concern, including adoption of such methods of administration as may be found by the Federal Government to be necessary for the efficient operation of welfare programs [.] , and in increasing the efficiency of welfare programs by prompt and judicious utilization of new federal grants which will assist the division to fulfill the terms of this act.

      6.  Make all investigations required by a court in adoption proceedings as provided by law.

      7.  Establish reasonable minimum standards and regulations for foster homes, and shall license the same as provided by law.

      8.  Provide services and care to children, shall receive any child for placement, and shall provide for their care directly or through agents.

      9.  Cooperate and advise with the state welfare board and the superintendent of the Nevada state children’s home in such matters as may be referred to the welfare division by the state welfare board or the superintendent of the Nevada state children’s home.

 


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ê1965 Statutes of Nevada, Page 331 (Chapter 185, AB 195)ê

 

be referred to the welfare division by the state welfare board or the superintendent of the Nevada state children’s home.

      10.  Have the power to enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care.

      Sec. 5.  Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.

      Sec. 6.  If, in the future, the Congress of the United States shall pass any law or laws that have the effect of increasing the participation of the Federal Government in the Nevada public assistance or child welfare programs, either as relates to eligibility for assistance or otherwise, the director is authorized to accept, with the approval of the governor, the increased benefits of such congressional legislation; and the welfare board may formulate such standards as are required by the Congress of the United States as a condition of acceptance.

      Sec. 7.  1.  The welfare research fund is hereby created in the state treasury.

      2.  All moneys furnished by the State of Nevada or other sources for use in research of social and welfare problems shall be deposited in the welfare research fund.

      3.  Moneys from the fund may be used to promote immediate and effective research into the causes of social problems with which the division is concerned and to maintain public awareness of welfare problems, but the compilation of periodic operating statistics and regular statistical reporting and analytical programs shall be financed from the state welfare fund.

 

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CHAPTER 186, AB 202

Assembly Bill No. 202–Committee on State Institutions and Libraries

CHAPTER 186

AN ACT to amend Title 33 of NRS, relating to libraries, by adding a new chapter relating to library development, services, resources and research; creating the Nevada council on libraries and specifying membership, method of appointment, terms of office, requirements, officers, meetings, compensation and duties; authorizing the acceptance of gifts, grants and bequests and directing audits of such accounts and providing for the preparation and filing of publications and reports; and providing other matters properly relating thereto.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  Title 33 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 3 to 13, inclusive, of this act.

      Sec. 2.  It is the policy of this state to foster and further the establishment and proper maintenance of superior libraries and the acquisition of resources, facilities, professional staffs and auxiliary personnel fully to support such services.

 


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ê1965 Statutes of Nevada, Page 332 (Chapter 186, AB 202)ê

 

fully to support such services. The purpose of this chapter is to provide the means for the overview and study of existing library facilities, resources and services and for the formulation of recommendations to strengthen and expand these components.

      Sec. 3.  As used in sections 4 to 13, inclusive, “council” means the Nevada council on libraries.

      Sec. 4.  The Nevada council on libraries is hereby created. The council shall be responsible to the governor and may make recommendations to the legislature of the State of Nevada.

      Sec. 5.  The council shall consist of seven members. Six members shall be appointed by the governor and the seventh member shall be the state librarian. Two of the appointed members shall be librarians in active service; two shall be trustees of legally established libraries or library systems; two shall be persons with an active and demonstrated interest, knowledge and understanding of libraries and library service. The appointments shall be made from a list of 12 candidates with proportionate representation so as to number four librarians, four trustees of established libraries or library systems and four lay persons. Such list shall be submitted to the governor by the executive board of the Nevada Library Association.

      Sec. 6.  The term of office shall be for 4 years except for initial appointment as specified herein. Beginning July 1, 1965, two members shall be appointed for a term of 1 year, two members shall be appointed for a term of 2 years, two members shall be appointed for a term of 3 years. Vacancies shall be filled for the remainder of a term from the appointment list.

      Sec. 7.  Every library-affiliated member shall be a member in good standing of the Nevada Library Association and the American Library Association and file a certificate to this effect with the state librarian within 30 days after assuming office and annually thereafter for the duration of his term of office.

      Sec. 8.  The council shall elect a chairman at the first meeting held after July 1 of each year. The state librarian shall serve as vice chairman and secretary. The secretariat shall be the Nevada state library, where all files and records of the council shall be maintained.

      Sec. 9.  The council shall meet not more than semiannually or upon call of the chairman. Travel payments shall be made upon duly itemized and verified claims approved by the state librarian from funds appropriated to the Nevada state library.

      Sec. 10.  The council shall have the duty and is directed to exercise the following powers:

      1.  Examine and overview the whole state of libraries, librarianship, library education, library resources, and all allied and cognate activities and prepare a record of its findings.

      2.  Require public libraries to provide necessary library statistics and reports and to make recommendations for the advancement of libraries.

      3.  Report biennially to the governor and legislature. The report shall be filed on or before January 1 of each odd-numbered year.

      4.  Publish any material pertaining to its work that it may order issued.

 


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ê1965 Statutes of Nevada, Page 333 (Chapter 186, AB 202)ê

 

      5.  Review plans and applications submitted by libraries and political subdivision for state grants-in-aid and make recommendations to the state librarian concerning approval.

      Sec. 11.  The council shall carry on its work in cooperation with and in conjunction with the appropriate committees of the Nevada Library Association and with the secretariat. It shall not seek to limit the range and depth of library responsibilities and functions in any manner, but shall strive to extend these into any area of endeavor consistent with the needs of the citizens of the state.

      Sec. 12.  The council may accept any gift, grant or bequest from any source for the purpose of carrying on its work. All such sums shall be deposited in the state treasury in a nonreverting gift fund and expended in accordance with the budget laws of the State of Nevada upon properly itemized and verified claims approved by the state librarian and the council. The fiscal analyst shall audit, examine and report on the fund.

      Sec. 13.  The council shall promptly file copies of any and all of its reports, studies, documents and publications, regardless of form of issue, with the Nevada state library.

 

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CHAPTER 187, AB 251

Assembly Bill No. 251–Mr. Johnson

CHAPTER 187

AN ACT to amend NRS section 527.200, relating to control of forest pests on private land, by allowing state funds to be used for costs of such control if full reimbursement is provided for.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 527.200 is hereby amended to read as follows:

      527.200  1.  If an owner fails to take appropriate measures to destroy forest pests on his property within 30 days after the service of notice to do so as provided in NRS 527.180, the state forester may, without further notice, take such action as he may deem necessary to effect control measures to eradicate the forest pests upon such land.

      2.  The cost of any such control measures may be paid from the forest pest control fund; but such costs, or such portion thereof as the state forester may determine, shall be a lien on all land of the owner within the zone of infestation.

      3.  The state forester may apply, on such basis as he may deem equitable, any moneys made available to him by the Federal Government or any public or private agency for the purpose of controlling forest pests to defray all or any portion of the cost of control measures effected on privately owned lands. [Any] Unless full reimbursement is provided for, any moneys made available by the state shall not be used for control measures on privately owned lands.

 


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ê1965 Statutes of Nevada, Page 334 (Chapter 187, AB 251)ê

 

      4.  Upon completion of control measures on any privately owned lands, the state forester shall file with the board of county commissioners of the county or counties in which such lands are located an itemized and sworn statement setting forth the date when such work was done, the nature of such work and the portion of the cost thereof chargeable to each owner upon whose lands the work was performed. The board of county commissioners shall thereupon present a bill to each owner for the costs payable by him, and if such owner fails for 30 days thereafter to pay the same such bill and costs shall be collected in the manner in which delinquent taxes are collected.

 

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CHAPTER 188, AB 270

Assembly Bill No. 270–Miss Herr, Messrs. Bailey, Howard, Manning, Giomi, Fike, Bowler and Mrs. Tyson

CHAPTER 188

AN ACT to amend chapter 485 of NRS, relating to the Motor Vehicle Safety Responsibility Act, by adding a new section requiring the drivers’ license division of the department of motor vehicles to publish a leaflet summarizing and explaining the Motor Vehicle Safety Responsibility Act; requiring the department of motor vehicles to make copies of such leaflet available to certain persons without charge and to include copies with mailed applications for renewal registrations of vehicles; and providing other matters properly relating thereto.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 485 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The division shall publish a leaflet which summarizes and explains the requirements and provisions of this chapter.

      2.  The department of motor vehicles shall:

      (a) Make copies of such leaflet available without charge to all licensed drivers in this state, to all public school pupils who are of driving age, and to the public.

      (b) Cause a copy of such leaflet to be delivered to each applicant for a new registration of a vehicle.

      (c) Enclose a copy of such leaflet with each application for a renewal registration of a vehicle which is mailed to the applicant pursuant to law.

 

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ê1965 Statutes of Nevada, Page 335ê

 

CHAPTER 189, AB 318

Assembly Bill No. 318–Committee on Social Welfare

CHAPTER 189

AN ACT to amend NRS section 128.010, relating to definition of terms relating to parental rights, by reducing the period required to constitute abandonment.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 128.010 is hereby amended to read as follows:

      128.010  1.  When used in this chapter the singular includes the plural, the plural the singular, and the masculine the feminine when consistent with the intent of this chapter.

      2.  “Abandonment of child” imports any conduct of one or both parents of a child which evinces a settled purpose on the part of one or both parents to forego all parental custody and relinquish all claims to the child, and a parent or parents of a child who shall leave the child in the care and custody of another without provision for his support and without communication for a period of [1 year] 6 months shall be presumed to have intended to abandon the child.

      3.  “Neglected child” is any child who:

      (a) Lacks the proper parental care by reason of the fault or habits of his parent, guardian or custodian.

      (b) A child whose parent, guardian or custodian neglects or refuses to provide proper or necessary subsistence, education, medical or surgical care, or other care necessary for his health, morals or well-being.

      (c) A child whose parent, guardian or custodian neglects or refuses to provide the special care made necessary by his physical or mental condition.

      (d) A child who is found in a disreputable place, or who is permitted to associate with vagrants or vicious or immoral persons.

      (e) A child who engages or is in a situation dangerous to life or limb, or injurious to health or morals of himself or others.

      4.  “Unfit parent” is any parent of a child who, by reason of his fault or habit or conduct toward the child or other persons, fails to provide such child with proper care, guidance and support, or who knowingly permits such child to associate with vagrants, vicious or immoral persons, or to live in a disreputable place.

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

 

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ê1965 Statutes of Nevada, Page 336ê

 

CHAPTER 190, AB 323

Assembly Bill No. 323–Messrs. Petrini, Harris and Mello

CHAPTER 190

AN ACT to amend NRS section 616.070, relating to volunteer firemen, by increasing their industrial insurance benefit.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 616.070 is hereby amended to read as follows:

      616.070  Volunteer firemen belonging to a regular organized and recognized fire department, while engaged in their duties in any voluntary community service which they may undertake, and while acting under the direction of the fire chief or any of his assistants in the protection of life or property, during fire, flood, earthquake, windstorm, ambulance service or other rescue work, shall be deemed, for the purpose of this chapter, employees of the city, town, county or district so recognizing them, at the wage of [$300] $325 per month, and shall be entitled to the benefits of this chapter upon such city, town, county or district complying therewith.

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

 

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CHAPTER 191, AB 368

Assembly Bill No. 368–Esmeralda County Delegation

CHAPTER 191

AN ACT to amend an act entitled “An Act fixing the compensation of certain county officers of Esmeralda County, Nevada; authorizing and empowering the board of county commissioners of Esmeralda County, Nevada, to regulate the appointment, number and compensation of deputies of county officers and other county employees; repealing certain acts and parts of acts; and other matters properly relating thereto,” approved March 21, 1957, as amended.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, as last amended by chapter 178, Statutes of Nevada 1963, at page 286, is hereby amended to read as follows:

      Section 1.  The sheriff of Esmeralda County for services as sheriff shall receive an annual salary of [$2,700.] $3,000. For his services as ex officio county assessor he shall receive an annual salary of [$2,700.] $3,000. The sheriff is hereby authorized to appoint one deputy sheriff who shall receive an annual salary of [$2,250] $2,550 as deputy sheriff and an annual salary of [$2,250] $2,550 as ex officio deputy county assessor.

 


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ê1965 Statutes of Nevada, Page 337 (Chapter 191, AB 368)ê

 

      Sec. 2.  Section 2 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, as last amended by chapter 178, Statutes of Nevada 1963, at page 286, is hereby amended to read as follows:

      Section 2.  The county clerk and treasurer for his services as county clerk and treasurer shall receive an annual salary of [$4,800.] $5,400.

      Sec. 3.  Section 3 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, as last amended by chapter 178, Statutes of Nevada 1963, at page 286, is hereby amended to read as follows:

      Section 3.  The county recorder and ex officio auditor shall receive an annual salary of [$4,800.] $5,400.

      Sec. 4.  Section 4 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, as last amended by chapter 178, Statutes of Nevada 1963, at page 286, is hereby amended to read as follows:

      Section 4.  The district attorney for his services as district attorney shall receive an annual salary of [$4,800.] $5,400.

      Sec. 5.  Section 5 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, as amended by chapter 178, Statutes of Nevada 1963, at page 287, is hereby amended to read as follows:

      Section 5.  The county commissioners of Esmeralda County shall receive the sum of [$2,000] $2,160 per annum each, and mileage at the rate of 10 cents per mile in going to and returning from the county seat when attending a session of the board.

      Sec. 6.  Notwithstanding the provisions of any other law, sections 1, 2, 3, 4 and 6 of this act shall become effective on the first day of the first month following the passage and approval of this act. Section 5 of this act shall become effective on July 1, 1967. Nothing in this act shall be construed to have been repealed expressly or impliedly by the enactment of any other statute by the 53rd session of the legislature which, by its terms, prohibits the increase of salary of any elective officer of a political subdivision of this state during his term of office.

 

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CHAPTER 192, AB 412

Assembly Bill No. 412–Messrs. Bailey and Giomi

CHAPTER 192

AN ACT to amend NRS sections 243.235 and 243.340, relating to the boundaries of Lyon and Washoe counties, by changing the boundary between such counties in the vicinity of Fernley and Wadsworth.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 243.235 is hereby amended to read as follows:

      243.235  1.  The eastern boundary line of Lyon County is hereby changed from the present boundary as established by law to the line of longitude 41°40′ west from Washington, as laid down on DeGroot’s map of Nevada Territory, published in 1863.

 


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ê1965 Statutes of Nevada, Page 338 (Chapter 192, AB 412)ê

 

      2.  All other boundaries of Lyon County, affected by the change of the eastern boundary, shall follow the lines of that portion of Churchill County ceded to Lyon, as established by law.

      3.  Notwithstanding anything to the contrary in subsections 1 and 2, the boundary line between Lyon and Washoe counties in the vicinity of Fernley and Wadsworth is hereby established as provided in NRS 243.340.

      Sec. 2.  NRS 243.340 is hereby amended to read as follows:

      243.340  There shall be a county, to be known as Washoe County, to include all that part of the [Territory] State of Nevada within the boundaries described as follows: Beginning at the northwest corner of Ormsby County, and running easterly along the northern boundary of Ormsby County to the summit of the mountains east of Washoe Lake; thence in a northerly course along the summit of the mountains to the lower end of the Big Meadows, on the Truckee River; thence down the Truckee River to its lower crossing; [thence east, along the Immigrant Road to the summit of the mountains lying east of the Truckee River;] thence S. 53°06′03ʺ E. to a point in the Immigrant Road further described as being a 1 1/4-inch iron pipe marked Storey, Lyon and Washoe; thence S. 27°53′57ʺ W., 2,021.40 feet along the easterly line of Storey County to a point in the section line common to sections 3 and 10, T. 20 N., R. 24 E., M.D.B. & M.; thence easterly along the section lines common to sections 3 and 10, sections 2 and 11 and sections 1 and 12, T. 20 N., R. 24 E., and sections 6 and 7 and sections 5 and 8, T. 20 N., R. 25 E., M.D.B. & M., to its intersection with the northerly right-of-way line of Interstate Highway 80; thence N. 38°41′41ʺ E., 1,665.47 feet to a point marked by a sandstone monument measuring 12 inches by 12 inches by 4 feet located on an extension of the summit of mountains lying east of the Truckee River, and being common to Churchill, Lyon and Washoe counties; thence north, on the main summit of the mountains, to a point from which, running direct west, would intersect the Truckee River at its mouth in Pyramid Lake; thence due west, to the California line; thence south to the place of beginning.

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

 

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ê1965 Statutes of Nevada, Page 339ê

 

CHAPTER 193, AB 469

Assembly Bill No. 469–Mr. Glaser, Miss Herr and Mr. Johnson

CHAPTER 193

AN ACT to amend chapter 277 of NRS, relating to cooperative agreements among the state and its political subdivisions, by adding a new section authorizing cooperative arrangements between the state department of education, county school districts of the various counties, the Nevada youth training center division and the Nevada girls training division of the department of health and welfare; and providing other matters properly relating thereto.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 277 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Within the limits of appropriated funds, the state department of education, the county school districts of the various counties of the state, the Nevada youth training center division and the Nevada girls training center division of the department of health and welfare are authorized to enter into cooperative arrangements for the purpose of improving the quality of the academic and vocational education provided at the Nevada youth training center and Nevada girls training center.

      2.  Such authorization includes the right to pay over funds appropriated to the Nevada youth training center or Nevada girls training center to the state department of education or to a county school district or districts when necessary to accomplish the purpose of this section.

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

 

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CHAPTER 194, AB 490

Assembly Bill No. 490–Mr. Rosaschi

CHAPTER 194

AN ACT authorizing the board of managers of the Mineral County power system and the board of trustees of Mineral Television District No. 1 to execute an agreement for the purchase and sale of a certain powerline in Mineral County, Nevada; authorizing such boards to effect a gift of a certain powerline; and providing other matters properly relating thereto.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  The board of managers of the Mineral County power system, created pursuant to the provisions of chapter 45, Statutes of Nevada 1921, as amended, and the board of trustees of Mineral Television District No. 1, created pursuant to the provisions of chapter 317 of NRS, are hereby authorized to execute an agreement by the terms of which the Mineral County power system will purchase from the Mineral Television District No.

 


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ê1965 Statutes of Nevada, Page 340 (Chapter 194, AB 490)ê

 

which the Mineral County power system will purchase from the Mineral Television District No. 1 a certain powerline on Mt. Cory in Mineral County, Nevada, the property of Mineral Television District No. 1, for the following consideration:

      1.  Payment upon execution of the agreement of the sum of $4,387.64 (being the amount expended by Mineral Television District No. 1 for rehabilitation of the powerline) by the Mineral County power system to Mineral Television District No. 1; and

      2.  The Mineral County power system will agree to allow a rebate of 25 percent of the amount due each month by Mineral Television District No. 1 to Mineral County power system for electricity supplied Mineral Television District No. 1 for a period of 10 years from the date of the execution of the agreement, such total amount of allowed rebates being equal to the original cost of the powerline.

      Sec. 2.  The board of managers of the Mineral County power system is hereby authorized to accept from the board of trustees of Mineral Television District No. 1, without any payment of consideration, that certain powerline, the property of Mineral Television District No. 1, leading to the Mina-Luning television installation near Mina, Mineral County, Nevada. The board of trustees of Mineral Television District No. 1 is hereby authorized to make such conveyance to the Mineral County power system without receipt of any consideration therefor.

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

 

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CHAPTER 195, AB 524

Assembly Bill No. 524–Messrs. Godbey and Alleman

CHAPTER 195

AN ACT to amend NRS sections 414.020, 414.040 to 414.060, inclusive, relating to the policy and purpose of the Nevada Civil Defense Act of 1953, the state civil defense agency, the state civil defense advisory council and civil defense powers of the governor, by changing the name of the civil defense agency to civil defense and disaster agency and reducing the maximum and minimum number of members on the civil defense advisory council; and providing other matters properly relating thereto.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 414.020 is hereby amended to read as follows:

      414.020  1.  Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage or other hostile action, or from fire, flood, earthquake, or other natural causes, and in order to insure that preparations of this state will be adequate to deal with such disasters, and generally to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary:

 


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ê1965 Statutes of Nevada, Page 341 (Chapter 195, AB 524)ê

 

      (a) To create a state civil defense and disaster agency, and to authorize the creation of local organizations for civil defense in the political subdivisions of the state.

      (b) To confer upon the governor and upon the executive heads or governing bodies of the political subdivisions of the state the emergency powers provided in this chapter.

      (c) To provide for the rendering of mutual aid among the political subdivisions of the state and with other states and to cooperate with the Federal Government with respect to the carrying out of civil defense functions.

      2.  It is further declared to be the purpose of this chapter and the policy of the state that all civil defense functions of this state be coordinated to the maximum extent with the comparable functions of the Federal Government including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation’s manpower, resources and facilities for dealing with any disaster that may occur.

      Sec. 2.  NRS 414.040 is hereby amended to read as follows:

      414.040  1.  There is hereby created within the executive branch of the state government a department of civil defense [, hereinafter] and disaster assistance called the “civil defense [agency,”] and disaster agency,” and a director of civil defense [, hereinafter] and disaster assistance, called the “director,” who shall be the head thereof. The director shall be appointed by and hold office at the pleasure of the governor. The director shall be compensated at the rate of $8,970 per annum.

      2.  The director may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other funds made available to him for purposes of civil defense, as may be necessary to carry out the purposes of this chapter.

      3.  The director, subject to the direction and control of the governor, shall be the executive head of the civil defense and disaster agency and shall be responsible to the governor for carrying out the program for civil defense of this state. He shall coordinate the activities of all organizations for civil defense within the state, and shall maintain liaison with and cooperate with civil defense agencies and organizations of other states and of the Federal Government, and shall have such additional authority, duties, and responsibilities authorized by this chapter as may be prescribed by the governor.

      Sec. 3.  NRS 414.050 is hereby amended to read as follows:

      414.050  There is hereby created a civil defense advisory council, hereinafter called the “council,” the members of which shall be appointed by and hold office at the pleasure of the governor. The council shall consist of not less than [15] 5 nor more than [25] 10 members. The council shall advise the governor and the director on all matters pertaining to civil defense. The council shall elect one of its members as chairman of the council.

 


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ê1965 Statutes of Nevada, Page 342 (Chapter 195, AB 524)ê

 

its members as chairman of the council. The members shall serve without compensation, but may be reimbursed for their reasonable and necessary expenses incurred in the performance of their duties.

      Sec. 4.  NRS 414.060 is hereby amended to read as follows:

      414.060  1.  The governor shall have general direction and control of the civil defense and disaster agency, and shall be responsible for the carrying out of the provisions of this chapter, and in the event of disaster beyond local control may assume direct operational control over all or any part of the civil defense functions within this state.

      2.  In performing his duties under this chapter, the governor is authorized to cooperate with the Federal Government, with other states, and with private agencies in all matters pertaining to the civil defense of this state and of the nation.

      3.  In performing his duties under this chapter and to effect its policy and purpose, the governor is further authorized and empowered:

      (a) To make, amend and rescind the necessary orders, rules and regulations to carry out the provisions of this chapter within the limits of the authority conferred upon him herein, with due consideration of the plans of the Federal Government.

      (b) To prepare a comprehensive plan and program for the civil defense of this state, such plan and program to be integrated into and coordinated with the civil defense plans of the Federal Government and of other states to the fullest possible extent, and to coordinate the preparation of plans and programs for civil defense by the political subdivisions of this state, the plans to be integrated into and coordinated with the civil defense plan and program of this state to the fullest possible extent.

      (c) In accordance with the plan and program for the civil defense of this state, to procure supplies and equipment, to institute training programs and public information programs, and to take all other preparatory steps, including the partial or full mobilization of civil defense organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of civil defense personnel in time of need.

      (d) To make such studies and surveys of the industries, resources and facilities in this state as may be necessary to ascertain the capabilities of the state for civil defense, and to plan for the most efficient emergency use thereof.

      (e) On behalf of this state, to enter into mutual aid arrangements with other states and to coordinate mutual aid plans between political subdivisions of this state.

      (f) To delegate any administrative authority vested in him under this chapter, and to provide for the subdelegation of any such authority.

      (g) To cooperate with the President and the heads of the Armed Forces, the civil defense agency of the United States, and other appropriate federal officers and agencies, and with the officers and agencies of other states in matters pertaining to the civil defense of the state and nation, including the direction or control of:

             (1) Blackouts and practice blackouts, air raid drills, mobilization of civil defense forces, and other tests and exercises.

 


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ê1965 Statutes of Nevada, Page 343 (Chapter 195, AB 524)ê

 

             (2) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith.

             (3) The effective screening or extinguishing of all lights and lighting devices and appliances.

             (4) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services.

             (5) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, prior and subsequent to drills or attack.

             (6) Public meetings or gatherings.

             (7) The evacuation and reception of the civilian population.

 

________

 

 

CHAPTER 196, SB 11

Senate Bill No. 11–Senator Slattery

CHAPTER 196

AN ACT to separate the offices of sheriff and ex officio county assessor of Storey County, Nevada; providing the method of filling the office of county assessor thus created; and providing other matters properly relating thereto.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  On and after July 1, 1965, the offices of sheriff and county assessor in Storey County, Nevada, shall be separate offices, and the sheriff thereafter shall no longer hold the office of ex officio county assessor of the county.

      Sec. 2.  The vacancy in the office of county assessor created by the provisions of section 1 shall be filled by appointment by the board of county commissioners of Storey County, Nevada, until the 1st Monday of January 1967.

      Sec. 3.  At the general election held in 1966 the county assessor of Storey County, Nevada, shall be elected by the registered voters of the county, and at the general election every 4 years thereafter, and shall enter upon the duties of his office on the 1st Monday of January subsequent to his election.

      Sec. 4.  The county assessor of Storey County, Nevada, shall receive the compensation provided by law.

 

________

 

 


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ê1965 Statutes of Nevada, Page 344ê

 

CHAPTER 197, SB 40

Senate Bill No. 40–Committee on Aviation, Transportation and Highways

CHAPTER 197

AN ACT making an appropriation to the department of motor vehicles for the purpose of financing a move to new quarters; and providing other matters properly relating thereto.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  There is hereby appropriated from the state highway fund in the state treasury the sum of $12,000 to the department of motor vehicles for the purpose of financing its move from its present location in the new state building to the new motor vehicle building upon its completion.

      Sec. 2.  Such sum shall be available for use during the fiscal year 1965-1966, but in the event such moneys are not used because of delays in completing the new motor vehicle building, such appropriation shall continue to be available for use during the fiscal year 1966-1967.

 

________

 

 

CHAPTER 198, SB 134

Senate Bill No. 134–Senator Dial

CHAPTER 198

AN ACT relating to nonprofit corporations; to amend NRS sections 81.290, 81.310, 81.320 and 81.340, relating to the formation, powers, boards of trustees and examination of affairs of nonprofit corporations, by expressly providing for the formation of educational corporations, making an exception to certain requirements of articles of incorporation, granting the same powers as other nonprofit corporations and prescribing additional powers, and making affairs subject to examination; and providing other matters properly relating thereto.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 81.290 is hereby amended to read as follows:

      81.290  1.  Any number of citizens of the United States, not less than three, who shall desire to associate themselves for the purpose of engaging in educational, charitable or eleemosynary activities, may make, sign and acknowledge, before any officer authorized to take acknowledgments in this state, and file in the office of the secretary of state a certificate in writing in which shall be stated:

      (a) The name or title by which such corporation, association or society shall be known in law.

      (b) That it is a nonprofit corporation, organized solely for educational or general charitable and eleemosynary purposes.

      (c) The county in this state where the principal office for the transaction of the business of the corporation is to be located.

 


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ê1965 Statutes of Nevada, Page 345 (Chapter 198, SB 134)ê

 

      (d) The number of trustees, which shall not be less than three; their term of office; and how they are to be chosen [.] , except that in the case of an educational corporation, the method of selection of trustees may be provided in the bylaws.

      (e) The names and residences of the trustees chosen for the first year.

      (f) Any other matter which it is provided in NRS 81.290 to 81.340, inclusive, may or should be set out in the articles of incorporation.

      2.  The secretary of state shall make no charge for the filing of the certificate.

      Sec. 2.  NRS 81.310 is hereby amended to read as follows:

      81.310  The corporation shall, as an incident of its purpose and without any necessity for expressing the same in its articles of incorporation, have the following powers, which it may exercise in full measure without the necessity of obtaining any order of court by authorization, approval or confirmation:

      1.  To receive, acquire, hold, manage, administer and expend property and funds for educational or general charitable and eleemosynary purposes, including the assistance and support of charitable institutions, associations and undertakings.

      2.  To take property and funds by will, gift or otherwise and with or without specification of any educational, charitable or eleemosynary purpose, but in case no educational, charitable or eleemosynary purpose is specified, the property or funds so received shall, nevertheless, be held upon the trust that the same shall be used for educational, charitable [and] or eleemosynary purposes. The corporation shall not have the power to take or hold property or funds for any purpose other than [a] an educational, charitable or eleemosynary one.

      3.  To hold, in its own name and right, real and personal property of every nature and description without limitation as to extent, character or amount and with all the powers of control, management, investment, change and disposal incident to the absolute ownership of property or funds by a private person, subject only to the terms of particular trusts and to the general trust that all its properties and funds shall be held for educational, charitable [and] or eleemosynary purposes.

      4.  To borrow money, either upon or without security, giving such promissory notes or other evidences of indebtedness and such pledges, mortgages or other instruments of hypothecation as it may be advised.

      5.  To appoint and pay officers and agents to conduct and administer the affairs of the corporation, but no member of the board of trustees shall receive any compensation.

      6.  To adopt bylaws prescribing the duties of the officers and agents of the corporation, the detail of the organization, the time and manner of its meetings, and any and all detail incident to its organization and the efficient conduct and management of its affairs.

      7.  To do any and all things which a natural person might do necessary and desirable for the general purpose for which the corporation is organized.

      8.  To receive and use funds obtained from private donations, devises and bequests and from all lawful sources to be applied for general charitable and benevolent purposes in assisting the poor, the sick and needy, and various charitable homes, institutions or associate service centers and other charitable organizations operating with or assisted by this corporation.

 


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ê1965 Statutes of Nevada, Page 346 (Chapter 198, SB 134)ê

 

general charitable and benevolent purposes in assisting the poor, the sick and needy, and various charitable homes, institutions or associate service centers and other charitable organizations operating with or assisted by this corporation.

      9.  In the case of an educational corporation, to establish, conduct and maintain an educational institution, to charge fees for the use of educational facilities or for instruction and to receive and use funds obtained from fees, private donations, devises and bequests and from all lawful sources for the construction, support and maintenance of the institution.

      Sec. 3.  NRS 81.320 is hereby amended to read as follows:

      81.320  The exercise of the powers of the corporation, with the right to delegate to officers and agents the performance of duties and the exercise of powers, shall be vested in its board of trustees, provided:

      1.  That the articles of incorporation may prescribe that the matter of controlling, managing, investing and disposing of the property of the corporation for the purpose of earning an income therefrom as distinguished from the matter of applying property and funds to educational, charitable [and] or eleemosynary purposes, shall be exclusively in a finance committee consisting of not less than three members of the board, designated or appointed in some particular manner; and

      2.  That the manner of controlling, managing and investing and disposing of the property of the corporation for the purpose of earning an income therefrom may be delegated either in whole or in part to one or more trust companies or banks duly authorized to conduct a trust or banking business in this state.

      Sec. 4.  NRS 81.340 is hereby amended to read as follows:

      81.340  1.  The corporation shall be subject at all times to examination on behalf of the state to ascertain the condition of its affairs and to what extent, if at all, it may fail to comply with trusts which it has assumed or may depart from the general purpose for which it is formed. Such right of examination shall pertain ex officio to the attorney general. In case of any such failure or departure the attorney general shall institute, in the name of the state, the proceedings necessary to correct the same.

      2.  The expenses of the corporation may be apportioned to the extent necessary against the various trust funds and property held by it, in the manner which seems just and equitable to the corporation, and the meeting of such expenses shall be deemed [a] an educational, charitable or eleemosynary purpose.

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

 

________

 

 


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ê1965 Statutes of Nevada, Page 347ê

 

CHAPTER 199, SB 166

Senate Bill No. 166–Committee on Judiciary

CHAPTER 199

AN ACT to amend chapter 175 of NRS, relating to proceedings at a criminal trial, by adding a new section requiring the judge to inform the jury they may individually take notes during the trial.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 175 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Before any evidence has been introduced the judge shall inform the jury they may individually take notes during the trial.

 

________

 

 

CHAPTER 200, SB 216

Senate Bill No. 216–Committee on Judiciary

CHAPTER 200

AN ACT to amend NRS section 6.020, relating to exemptions from service as grand or trial jurors, by exempting state prison officers and correctional officers from such service.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 6.020 is hereby amended to read as follows:

      6.020  1.  Upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no other, shall be exempt from service as grand or trial jurors:

      (a) Any federal or state officer.

      (b) Any judge, justice of the peace or attorney at law.

      (c) Any county clerk, recorder, assessor, sheriff or constable.

      (d) Any physician, dentist, graduate nurse or registered pharmacist.

      (e) Any mortician, undertaker or licensed embalmer.

      (f) Any locomotive engineer, locomotive fireman, conductor, brakeman, switchman or engine foreman.

      (g) Any stationary engineer.

      (h) Any minister of the gospel.

      (i) Any telegraph or telephone operator.

      (j) Any mail carrier engaged in the actual carrying of the United States mail on a regular mail route.

      (k) Any teacher, principal or superintendent actually engaged in teaching or in the supervision of teaching in the public schools of this state, and any member of the faculty of the University of Nevada, shall be exempt from jury duty during the session of the public schools or university of this state in which he is employed. Nothing in this paragraph shall excuse or be construed to excuse any teacher, principal, superintendent or university faculty member from jury duty during school vacation, except when he is taking training in his professional work or in finishing his school reports and other matters incident thereto within 1 month of the day of the closing of the school in which he is employed, or in preparation for the opening of school during the 2 weeks immediately preceding the opening of school.

 


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ê1965 Statutes of Nevada, Page 348 (Chapter 200, SB 216)ê

 

superintendent or university faculty member from jury duty during school vacation, except when he is taking training in his professional work or in finishing his school reports and other matters incident thereto within 1 month of the day of the closing of the school in which he is employed, or in preparation for the opening of school during the 2 weeks immediately preceding the opening of school.

      (l) Members and officers of paid and volunteer fire departments and members of exempt firemen’s associations, societies or organizations, as follows:

             (1) One-half of all members of each regularly enrolled fire company in this state, the one-half to be determined by the several fire companies, respectively, and not more than 10 officers for each company. In all cities and towns wherein there is a paid fire department, after such volunteer fire department shall have been organized and put into operation, not more than 150 members and officers shall be exempt. In all cities and towns wherein there is a volunteer fire department, after such volunteer fire department shall have been organized and put into operation, not more than 50 members and officers shall be exempt.

             (2) Any person who now is or who may hereafter become a member of any exempt firemen’s association, society or organization within this state, but such exemption shall not extend to any member of such association, society or organization unless prior to becoming a member of the same the member shall have served as an active fireman in some regularly organized fire department in this state for a period of 3 years, or shall have served as an active fireman in some regularly organized volunteer fire department in this state for a period of 5 years.

      (m) Any officer or correctional officer employed by the Nevada state prison.

      2.  Any person liable to grand or trial jury duty residing 60 or more miles distant from the county seat of his county shall be exempt from service on either grand or trial juries for the period of 1 year upon:

      (a) Making affidavit to the fact that he so resides, and filing the same with the clerk of the district court of the district in which his county is situated; and

      (b) Paying to the clerk the sum of $25.

Upon receipt of the affidavit and sum, the clerk shall deliver to such person a certificate stating the fact of such receipts, and thereafter, for the period of 1 year from the date of payment, the name of such person shall not be placed in the jury box, nor shall such person be selected as a grand or trial juror. The clerk, upon receipt of the sum of $25, shall deliver the same to the county treasurer of his county, and the county treasurer shall immediately place the same to the credit of the general fund of the county.

      3.  Any woman who shall file in the office of the county clerk, on or before the 1st day of January, a written statement claiming exemption from jury duty, shall thereafter for the period of 1 year, commencing January 1 and ending December 31, be exempt from grand or trial jury duty.

 


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ê1965 Statutes of Nevada, Page 349 (Chapter 200, SB 216)ê

 

      4.  All persons of the age of 65 years or over are exempt from serving as grand or trial jurors. Whenever it shall appear to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of 65 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.

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

 

________

 

 

CHAPTER 201, SB 220

Senate Bill No. 220–Senator Dodge

CHAPTER 201

AN ACT to amend NRS section 624.270, relating to bonds and cash deposits of contractors, by requiring bonds or deposits after initial 2 years as contractor under some circumstances, by providing for withdrawal of cash deposits, and by deleting provisions relating to liability on bonds and cash deposits; to amend chapter 624 of NRS, relating to contractors, by adding new sections providing for revocation of contractors’ licenses upon cancellation of bonds and for liability on contractors’ bonds and cash deposits; and providing other matters properly relating thereto.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 624.270 is hereby amended to read as follows:

      624.270  1.  [No new license, as distinguished from the renewal of an existing license, shall be issued hereafter by the board unless the applicant for a new license shall:

      (a) File, or have on file, with the board a bond issued by a qualified surety insurer in a sum to be fixed by the board based upon the magnitude of the operations of the applicant, but which sum shall not be less than $500 nor more than $5,000, running to the State of Nevada and conditioned upon his compliance with all the provisions of this chapter; or

      (b) In lieu of the requirements of paragraph (a), post with the board a cash deposit in an amount based upon the magnitude of the operations of the applicant but of a sum not less than $500 nor more than $5,000.

      2.  The failure of an applicant to file the required bond or post the required deposit shall constitute grounds for denying him a license.

      3.  Every person injured by the unlawful acts or omissions of a contractor who has filed a bond or posted a cash deposit as required under the provisions of this section may bring an action in a proper court on the bond or a claim against the cash deposit for the amount of the damage he suffered as a result thereof to the extent covered by the bond or cash deposit.

      4.  The claim of any employee of the contractor for wages shall be a preferred claim against any such bond or cash deposit. If any bond or cash deposit which may be required is insufficient to pay all claims for wages in full, the sum recovered shall be distributed among all claimants for wages in proportion to the amount of their respective claims.

 


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ê1965 Statutes of Nevada, Page 350 (Chapter 201, SB 220)ê

 

claimants for wages in proportion to the amount of their respective claims. The partial payment of such claims shall not be considered as full payment and the claimants may bring action for the completion of payment of any unpaid balance.

      5.  After the licensee required to furnish the bond has acted in the capacity of a licensed contractor within the State of Nevada for a period of 2 years, the licensee shall be relieved of the requirement of filing a bond or posting a cash deposit. The bond or cash deposit shall remain in force and with the board during the first 2 years’ operation of the licensee as a licensed contractor, and during such additional time as, in the opinion of the board, there may be unsatisfied claims outstanding against the period of operation.] Before granting an original contractor’s license to any applicant, the board shall require that the applicant:

      (a) File with the board a surety bond in a form acceptable to the board executed by the contractor as principal with a corporation authorized to transact surety business in the State of Nevada as surety; or

      (b) In lieu of such bond, establish with the board a cash deposit as provided in this section.

      2.  Before granting renewal of a contractor’s license to any applicant, the board shall require that the applicant file with the board satisfactory evidence that his surety bond or cash deposit is in full force and effect, unless the applicant has been relieved of such requirement as provided in this section.

      3.  Failure of an applicant or licensee to file or maintain in full force and effect the required bond or to establish the required cash deposit constitutes cause for the board to deny, revoke, or refuse to renew a license.

      4.  The amount of each bond or cash deposit required by this section shall be fixed by the board with reference to the contractor’s financial and professional responsibility and the magnitude of his operations, but shall be not less than $500 or more than $20,000. The bond shall be continuous in form and shall be conditioned that the total aggregate liability of the surety for all claims shall be limited to the face amount of the bond irrespective of the number of years the bond is in force. The board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.310. Any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the board subsequent to termination of the license, whichever occurs later, if there is no outstanding claim against it.

      5.  After a licensee has acted in the capacity of a licensed contractor in the State of Nevada for not less than 2 consecutive years, the board may relieve the licensee of the requirement of filing a bond or establishing a cash deposit if evidence supporting such relief is presented to the board, but the board may bat any time thereafter require such licensee to file a new bond or establish a new cash deposit as provided in subsection 4 if evidence is presented to the board supporting such requirement.

 


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ê1965 Statutes of Nevada, Page 351 (Chapter 201, SB 220)ê

 

licensee to file a new bond or establish a new cash deposit as provided in subsection 4 if evidence is presented to the board supporting such requirement.

      Sec. 2.  Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  1.  The surety may cancel the bond upon giving 60 days’ notice to the board by certified mail. Upon receipt by the board of a notice from a surety of cancellation of a contractor’s bond, the board immediately shall notify the contractor who is the principal on the bond of the effective date of cancellation of the bond, and that his license will be revoked unless he furnishes an equivalent bond or establishes an equivalent cash deposit before the effective date of cancellation. Notice to the contractor shall be by certified mail addressed to his latest address of record in the office of the board.

      2.  If the contractor does not comply with the requirements of the notice from the board, his license shall be revoked on the date the bond is cancelled.

      Sec. 4.  1.  Each bond or deposit required by NRS 624.270 shall be in favor of the State of Nevada for the benefit of any person who:

      (a) As owner of the property to be improved entered into a construction contract with the contractor and is damaged by failure of the contractor to perform such contract or to remove liens filed against such property;

      (b) As an employee of the contractor performed labor on or about the site of the construction contract; or

      (c) Is injured by any unlawful act or omission of the contractor in the performance of a contract.

      2.  Any such person claiming against the bond or cash deposit may bring an action in a court of competent jurisdiction on the bond or against the board on the cash deposit for the amount of damage he has suffered to the extent covered by the bond or cash deposit. No action may be commenced on the bond or deposit after the expiration of 2 years following the commission of the act on which the action is based.

      3.  If a surety desires to make payment without awaiting court action, the amount of the bond shall be reduced to the extent of any payment made by the surety in good faith under the bond. Any such payment shall be based on priority of written claims received by the surety prior to court action and in accordance with any priority granted by statute.

      4.  A claim of any employee of the contractor for labor shall be a preferred claim against such bond or cash deposit. If any bond or cash deposit is insufficient to pay all claims for labor in full, the sum recovered shall be distributed among all claimants for labor in proportion to the amounts of their respective claims. Partial payment of such claims shall not be considered as full payment, and the claimants may bring actions against the contractor for the unpaid balances.

      Sec. 5.  The provisions of this act apply to all bonds filed and cash deposits established after July 1, 1965.

 

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ê1965 Statutes of Nevada, Page 352ê

 

CHAPTER 202, SB 254

Senate Bill No. 254–Committee on Judiciary

CHAPTER 202

AN ACT to amend NRS sections 634.040, 634.090 and 634.100, relating to meetings of the Nevada state board of chiropractic examiners and qualification and examination of applicants for a license to practice chiropractic, by changing the date of one of the semiannual meetings of the board, adding a subject to those required in the chiropractic curriculum, specifying the grades necessary to pass the examination, and changing the provisions for retaking the examination.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 634.040 is hereby amended to read as follows:

      634.040  1.  The board shall hold regular meetings to transact business, commencing on the 2nd Monday of September and the 2nd Monday of [December] March of each year. If either of such days is a holiday, then the meeting shall be held on the next [preceding] succeeding day.

      2.  Special meetings may be called by the president, or by any three members, upon 30 days’ written notice.

      3.  All meetings shall be held in the State of Nevada at a place designated by the president and the secretary.

      Sec. 2.  NRS 634.090 is hereby amended to read as follows:

      634.090  1.  An applicant must, in addition to the requirements of NRS 634.080, furnish satisfactory evidence to the board that he possesses a high school education and is a graduate from a recognized college of chiropractic whose minimum course leading to the degree of doctor of chiropractic consists of not less than 4,000 hours and embraces the following subjects: Anatomy, bacteriology, chiropractic theory and practice, diagnosis and chiropractic analysis, elementary chemistry and toxicology, histology, hygiene and sanitation, obstetrics and gynecology, pathology, [and] physiology [.] and physiotherapy.

      2.  After January 1, 1970, every applicant shall be required to submit evidence of not less than 2 years’ education in an accredited college or university.

      Sec. 3.  NRS 634.100 is hereby amended to read as follows:

      634.100  1.  All applicants for licenses to practice chiropractic in the State of Nevada who have not previously been admitted to practice in any other state shall pay to the secretary of the board the sum of $50 before being entitled to have their applications considered.

      2.  Applicants who have been previously licensed to practice chiropractic in any other state shall pay to the secretary of the board the sum of $75 before being entitled to have their applications further considered.

      3.  [In case the applicant fails the first examination he shall be entitled to take a second examination without further charges therefor.] An applicant taking the examination who receives a general average of not less than 75 percent in all subjects and who does not fall below the grade of 70 percent in any one subject shall be granted a license to practice chiropractic.

 


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ê1965 Statutes of Nevada, Page 353 (Chapter 202, SB 254)ê

 

      4.  If an applicant fails to pass the first examination, he may take a second examination within 1 year without payment of any additional fees. Credit shall be given on this examination for all subjects previously passed with a grade of 75 percent or higher.

 

________

 

 

CHAPTER 203, SB 170

Senate Bill No. 170–Committee on Aviation, Transportation and Highways

CHAPTER 203

AN ACT to repeal NRS section 405.200, relating to the maintenance of railroad crossings on state highways.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 405.200 is hereby repealed.

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

 

________

 

 

CHAPTER 204, AB 87

Assembly Bill No. 87–Committee on Ways and Means

CHAPTER 204

AN ACT to amend chapter 427 of NRS, relating to old-age assistance, by adding new sections providing for medical assistance for the aged, defining terms, imposing duties and granting powers to the welfare division of the department of health and welfare and the state welfare board, providing for applications and qualifications for assistance, limitations on liens, appeals, confidential records and contracts for medical care; and providing other matters properly relating thereto.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 427 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 23, inclusive, of this act.

      Sec. 2.  1.  The object and purpose of sections 2 to 23, inclusive, of this act are to establish a program of medical assistance for the aged which will furnish medical care to those aged persons who are financially unable to pay for medical and hospital care needed to preserve their health and prolong life.

      2.  The provisions of sections 2 to 23, inclusive, of this act shall be liberally construed to effect their stated object and purpose within the limits of legislative appropriation and authorization.

      Sec. 3.  Unless the context otherwise requires, the words and terms defined in sections 4 to 12, inclusive, of this act shall have the meanings ascribed to them in sections 4 to 12, inclusive, of this act.

 


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

ê1965 Statutes of Nevada, Page 354 (Chapter 204, AB 87)ê

 

defined in sections 4 to 12, inclusive, of this act shall have the meanings ascribed to them in sections 4 to 12, inclusive, of this act.

      Sec. 4.  “Aged person’ means any individual who:

      1.  Is 65 years of age or older;

      2.  Has insufficient income and resources, as determined by the division, to meet the costs of necessary medical expenses;

      3.  Does not own personal or real property or both in excess of the amount permitted under the rules and regulations of the division, but assistance shall not be denied to, or on behalf of, any aged person by reason of his ownership of real property utilized by such person as a home;

      4.  Is not a patient in a federal or veterans’ facility;

      5.  Is not a patient in an institution for tuberculosis or mental diseases or a medical institution as a result of a diagnosis of tuberculosis or psychosis except to the extent federal reimbursement is payable pursuant to a plan approved under the Social Security Act;

      6.  Is not an inmate of a public institution except as a patient in a public medical institution; and

      7.  Has not transferred property within 3 years prior to the date of application for the purpose of making himself eligible for medical assistance for the aged.

      8.  Resides in the State of Nevada.

      Sec. 5.  “Applicant” means any individual who has applied for medical assistance for the aged under this act.

      Sec. 6.  “Assistance” means medical assistance for the aged as defined in section 9 of this act.

      Sec. 7.  “Board” means the state welfare board.

      Sec. 8.  “Division” means the welfare division of the department of health and welfare.

      Sec. 9.  “Medical assistance for the aged” means the payment for part or all of the cost of medical or remedial care as defined by state statute rendered in behalf of aged persons as provided in this act and in the rules and regulations of the division.

      Sec. 10.  “Medical care” means:

      1.  Inpatient hospital services consisting of the following items furnished to an inpatient in a licensed hospital:

      (a) Bed and board;

      (b) Drugs; and

      (c) All in-hospital services including anesthesia, nursing services, equipment, supplies, laboratory and radiological services, whether furnished directly by the licensed hospital or by contractual arrangement made by the hospital.

      2.  Services of a licensed physician and surgeon rendered to or in behalf of an inpatient in a hospital or nursing home.

      3.  Skilled nursing-home services consisting of nursing care in a licensed nursing home provided by a registered professional nurse or a licensed practical nurse, which is prescribed by and performed under the general direction of a physician; other medical services related to such skilled nursing care and bed and board in connection with furnishing of such skilled nursing care.

 


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ê1965 Statutes of Nevada, Page 355 (Chapter 204, AB 87)ê

 

      4.  Visiting-nurse services consisting of nursing care provided by a registered professional nurse or a licensed practical nurse in the aged person’s own home under the general direction of a physician and purchased from a public or private nonprofit agency or paid directly to the nurse as the supplier of the service.

      5.  Drugs prescribed by a physician and provided by a licensed pharmacy for a patient in a licensed nursing home.

      6.  Anethesia services in a licensed hospital when provided by a registered professional nurse acting as an independent contractor.

      7.  Outpatient services consisting of the following items furnished to a patient in a physician’s office, the patient’s home, licensed hospital emergency room or otherwise furnished outside a licensed hospital or licensed nursing home:

      (a) Drugs prescribed by a licensed physician and surgeon and provided by a licensed pharmacist;

      (b) Services of a licensed physician and surgeon and any other medical or remedial care as defined by state statute; and

      (c) Laboratory, radiological and other ancillary services requested by a licensed physician and deemed essential by him for adequate medical care.

      Sec. 11.  “Physician” means a licensed physician and surgeon engaged in private practice.

      Sec. 12.  “Recipient” means any individual who has received and is still receiving medical assistance for the aged.

      Sec. 13.  The department of health and welfare through the division shall:

      1.  Administer medical assistance for the aged under this act.

      2.  Serve as the single state agency responsible for carrying out the provisions of sections 2 to 23, inclusive, of this act.

      3.  Make such reports in such form and containing such information as the Secretary of Health, Education, and Welfare from time to time requires, and comply with such provisions as the Secretary of Health, Education, and Welfare may from time to time find necessary to assure the correctness and verification of such reports.

      4.  Make such rules and regulations and take such action as may be necessary or desirable:

      (a) For carrying out the provisions of sections 2 to 23, inclusive, of this act, including, but not limited to, the establishment of reasonable standards consistent with the objectives of sections 2 to 23, inclusive, of this act for determining eligibility for and the extent of such assistance.

      (b) To the extent required by regulations prescribed by the Secretary of Health, Education, and Welfare, providing for the furnishing of assistance to individuals who are residents of this state but are absent therefrom.

      Sec. 14.  Moneys for the payment of the state’s share of medical assistance for the aged and administrative costs shall be provided by direct legislative appropriation from the general fund.

      Sec. 15.  Medical assistance for the aged shall be in effect in all of the counties of this state.

 


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

ê1965 Statutes of Nevada, Page 356 (Chapter 204, AB 87)ê

 

      Sec. 16.  1.  All individuals wishing to make application for assistance under sections 2 to 23, inclusive, of this act shall have the opportunity to do so, and such assistance shall be furnished with reasonable promptness to all eligible individuals.

      2.  The application of assistance shall:

      (a) Be in writing, or reduced to writing, in the manner and upon the form prescribed by the division; and

      (b) Contain such information as may be required by the division.

      3.  An application need not be made under oath, but any person signing such application who willfully states therein as true any material matter which he knows to be false shall be subject to the penalties for perjury as provided by law.

      Sec. 17.  1.  Medical assistance for the aged shall not be granted to a recipient of old-age assistance as defined in NRS 427.020.

      2.  No enrollment fee, premium or similar charge will be imposed as a condition of any individual’s eligibility for medical assistance for the aged.

      Sec. 18.  No lien may be imposed upon the property of any individual except pursuant to the judgment of a court arising from benefits received by the individual through fraudulent means, and there shall be no adjustment or recovery of payments correctly paid on behalf of such individual.

      Sec. 19.  Every person claiming or receiving assistance who is aggrieved because of the division’s action or failure to act shall be afforded reasonable notice and an opportunity for a fair hearing by the division.

      Sec. 20.  1.  No relative of an applicant for or recipient of medical assistance for the aged may be held liable for contributions for the support of such applicant or recipient except as provided in chapter 123 of NRS.

      2.  Where income is provided by a relative, only such income as is actually furnished to an applicant or recipient by a relative and is not inconsequential or unpredictable may be deemed available to the applicant or recipient for his support.

      Sec. 21.  1.  The board shall establish the maximum rates or fee schedules for medical care to be provided under sections 2 to 23, inclusive, of this act within the limits of legislative appropriation and authorization.

      2.  The division may enter into a contract or contracts providing arrangements under which funds available for medical care under this act shall be administered and disbursed to providers of medical care in consideration for services rendered and supplies furnished by them in accordance with the provisions of the applicable contract and any schedule of charges or formula for determining payment established pursuant to such contract.

      Sec. 22.  The division may meet the needs of recipients who are in a nursing home for clothing and personal incidentals by direct payment to the recipients, provided that such payments be made from moneys provided to the division by direct legislative appropriation.

      Sec. 23.  1.  For the purpose of restricting the use or disclosure of any information concerning applicants for and recipients of assistance to purposes directly connected to the administration of sections 2 to 23, inclusive, of this act by the division, and to provide safeguards therefor, under the applicable provisions of the Social Security Act, the division is authorized, empowered and directed to establish and enforce reasonable rules and regulations governing the custody, use and preservation of records, files and communications filed with the division.

 


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

ê1965 Statutes of Nevada, Page 357 (Chapter 204, AB 87)ê

 

any information concerning applicants for and recipients of assistance to purposes directly connected to the administration of sections 2 to 23, inclusive, of this act by the division, and to provide safeguards therefor, under the applicable provisions of the Social Security Act, the division is authorized, empowered and directed to establish and enforce reasonable rules and regulations governing the custody, use and preservation of records, files and communications filed with the division.

      2.  Wherever, under provisions of law or regulations of the division, names and addresses of, or information concerning, applicants for and recipients of assistance are furnished to or held by any other agency or department of government, such agency or department of government shall be bound by the rules and regulations of the division prohibiting the publication of lists and records thereof or their use for purposes not directly connected with the administration of the department of health and welfare.

      3.  Except for purposes directly connected with the administration of sections 2 to 23, inclusive, of this act, no person may publish, disclose, use or permit or cause to be published, disclosed or used any confidential information pertaining to a recipient of assistance under the provisions of sections 2 to 23, inclusive, of this act.

 

________

 

 

CHAPTER 205, AB 407

Assembly Bill No. 407–Messrs. Leavitt and Bowler

CHAPTER 205

AN ACT to amend NRS sections 178.135 and 178.150, relating to the surrender of defendants in exoneration of bail and to forfeiture of bail, by providing that sureties may surrender a defendant to any peace officer in this state to exonerate the bail and by providing for notice in certain cases to sureties before bail is forfeited; and providing other matters properly relating thereto.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 178.135 is hereby amended to read as follows:

      178.135  1.  At any time before the forfeiture of their undertaking, the bail may surrender the defendant in their exoneration, or he may surrender himself to the officer to whose custody he was committed at the time of giving bail [,] or to any like peace officer in the State of Nevada, in the following manner:

      [1.]  (a) A certified copy of the undertaking of bail shall be delivered to the officer, who shall detain the defendant in his custody thereon as upon a commitment, and shall, by a certificate in writing, acknowledge the surrender.

      [2.]  (b) Upon an undertaking and a certificate of the officer, the court in which the action is pending may, upon notice of 5 days to the district attorney of the county, with a copy of the undertaking and certificate, order that the bail be exonerated, and on filing the order and the papers used on the application, they shall be exonerated accordingly.

 


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

ê1965 Statutes of Nevada, Page 358 (Chapter 205, AB 407)ê

 

the papers used on the application, they shall be exonerated accordingly.

      2.  If, pursuant to the provisions of subsection 1, the defendant surrenders himself to, is apprehended by or is in the custody of a peace officer in the State of Nevada or the warden of the Nevada state prison other than the officer to whose custody he was committed at the time of giving bail, the bail shall, when he makes application to the court for the discharge of his bail bond, give to the court an amount in cash or a surety bond sufficient in amount to guarantee reimbursement of any costs that may be expended in returning the defendant to the officer to whose custody the defendant was committed at the time of giving bail.

      Sec. 2.  NRS 178.150 is hereby amended to read as follows:

      178.150  1.  If without sufficient excuse the defendant neglects to appear for arraignment, or for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, or to surrender himself in execution of the judgment, the court shall direct the fact to be entered upon its minutes, and the undertaking, or the money deposited instead of bail, as the case may be, shall thereupon be declared forfeited.

      2.  If the undertaking or money deposited instead of bail is in excess of $50, the court shall direct that the sureties first be given notice by certified mail that the defendant has failed to appear, and the undertaking or money instead of bail shall not be declared forfeited until the 5th day after the notice is mailed. A copy of the notice shall be transmitted to the district attorney at the time notice is given to the sureties.

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

 

________

 

 

CHAPTER 206, AB 444

Assembly Bill No. 444–Clark County Delegation

CHAPTER 206

AN ACT to amend chapter 178 of NRS, relating to miscellaneous criminal proceedings, by adding new sections requiring county clerks to maintain bail bond registers, requiring justices of the peace and certain court clerks to file notices regarding bail bond transactions, and providing for notice to the district attorney of forfeiture of bail bonds; and providing other matters properly relating thereto.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 178 of NRS is hereby amended by adding thereto the provision set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  Each county clerk shall maintain a bail bond register in which the following information relative to each bail bond accepted by a justice’s or district court within the county or the supreme court as hereafter provided shall be recorded:

 


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

ê1965 Statutes of Nevada, Page 359 (Chapter 206, AB 444)ê

 

      1.  The name of the defendant;

      2.  The name of the surety;

      3.  The amount of the bond;

      4.  The court admitting the defendant to bail and the case number;

      5.  The date of exoneration or forfeiture of the bond;

      6.  The book and page of the minute order declaring the exoneration or forfeiture; and

      7.  The date of notice to the district attorney of any forfeiture of the bond.

      Sec. 3.  1.  Whenever a person is admitted to bail in a justice’s court and the bail is put in by a written undertaking, the justice of the peace admitting such person to bail, or the clerk of the justice’s court if there is one, shall file with the county clerk of the county in which the court is located a notice containing:

      (a) The name of the defendant;

      (b) The names of the sureties;

      (c) The amount of the bond;

      (d) The name of the court;

      (e) The case number; and

      (f) Such other information as the county clerk may reasonably require.

Upon registration of the bond described in the notice, the county clerk shall issue a receipt for the notice which shall bear the number assigned to the bond in the bail bond register.

      2.  When the bond is exonerated for forfeited, the justice of the peace declaring the exoneration or forfeiture, or the clerk of the justice’s court if there is one, shall file a notice with the county clerk containing:

      (a) The name of the defendant;

      (b) The names of the sureties;

      (c) The amount of the bond;

      (d) The date of the exoneration or forfeiture;

      (e) The book and page of the minute order declaring the exoneration or forfeiture; and

      (f) The registration number assigned to the bond in the bail bond register.

      Sec. 4.  1.  Whenever a person is admitted to bail by the supreme court or a justice of the supreme court, the clerk of the supreme court shall file with the county clerk of the county where the defendant was convicted, or if no conviction has been had, of the county where the defendant was incarcerated, a notice containing:

      (a) The name of the defendant;

      (b) The names of the sureties;

      (c) The amount of the bond; and

      (d) The case number.

Upon registration of the bond described in the notice, the county clerk shall issue a receipt for the notice which shall bear the number assigned to the bond in the bail bond register.

      2.  When the bond is exonerated or forfeited, the clerk of the supreme court shall file with the county clerk with whom the first notice was filed a notice containing:

 


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ê1965 Statutes of Nevada, Page 360 (Chapter 206, AB 444)ê

 

      (a) The name of the defendant;

      (b) The names of the sureties;

      (c) The amount of the bond;

      (d) The date of the exoneration or forfeiture;

      (e) The file number of the order declaring the forfeiture or exoneration; and

      (f) The registration number assigned to the bond in the bail bond register.

      Sec. 5.  1.  The county clerk shall record in the bail bond register the information contained in the notices which are filed with him pursuant to sections 3 and 4 of this act and shall obtain and record the necessary information relating to all bail bonds filed in the district court of the county.

      2.  No bail bond may be filed in any case file unless it has been registered by the county clerk and the registration number assigned to such bond in the bail bond register is recorded on the face of the bond.

      3.  The county clerk shall notify the district attorney in writing promptly upon the receipt of information indicating that a bail bond has been forfeited.

 

________

 

 

CHAPTER 207, AB 515

Assembly Bill No. 515–Clark County Delegation

CHAPTER 207

AN ACT to amend NRS section 175.167, relating to the exclusion of witnesses during trial, by providing that active prosecutors and defense counsel or cocounsels who are witnesses shall be exempt.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 175.167 is hereby amended to read as follows:

      175.167  Upon request by either party, the judge may exclude from the courtroom any witness of the adverse party, not at the time under examination, so that he may not hear the testimony of other witnesses. However, such exclusion shall not apply to the district attorney or his deputy or to any counsel or cocounsel for the defendant who is actually engaged in the prosecution or defense of such trial.

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

 

________

 

 


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ê1965 Statutes of Nevada, Page 361ê

 

CHAPTER 208, AB 517

Assembly Bill No. 517–Clark County Delegation

CHAPTER 208

AN ACT to amend NRS section 197.160, relating to fraudulent presentation of claims to public officers, by extending its provisions to include all special districts.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 197.160 is hereby amended to read as follows:

      197.160  Every person who, with the intent to defraud, shall knowingly present for audit, allowance or payment to any officer or board of the state or of any county, city, town [or] , school or other district authorized to audit, allow or pay bills, claims or charges, any false or fraudulent claim, account, writing or voucher or any bill, account or demand containing false or fraudulent charges, items or claims, shall be guilty of a gross misdemeanor.

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

 

________

 

 

CHAPTER 209, AB 532

Assembly Bill No. 532–Mr. Close

CHAPTER 209

AN ACT to amend NRS sections 179.010, 179.020, 179.040 to 179.060, inclusive, 179.090, 179.110, 179.120, 179.180 and 179.190, relating to search warrants, by clarifying the definition of search warrant, adding grounds for issuance, providing for affidavits, requiring a peace officer to keep custody of property taken subject to court order, allowing reasonable force for entry and detention of persons, allowing nighttime service for good cause, increasing time to execute a search warrant, providing for return of property and providing that the warrant, return, affidavits and inventories be filed with the court empowered to inquire into the offense; and providing other matters properly relating thereto.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 179.010 is hereby amended to read as follows:

      179.010  A search warrant is an order in writing, in the name of the State of Nevada, signed by a magistrate, directed to a peace officer, commanding him to search for personal property, or implements used, or evidences of crime, and [bring it before the magistrate.] to retain such property or things in his custody subject to order of the court.

      Sec. 2.  NRS 179.020 is hereby amended to read as follows:

      179.020  A search warrant may be issued upon any of the following grounds:

      1.  When the property was stolen or embezzled. [; in which case it may be taken on the warrant from any place in which it is concealed, or from any person in whose possession it may be.]

 


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

ê1965 Statutes of Nevada, Page 362 (Chapter 209, AB 532)ê

 

      2.  When [it was] the property or things were used as the means of committing a felony. [; in which case it may be taken on the warrant from the place in which it is concealed, or from any person in whose possession it may be.]

      3.  When [it is] the property or things are in the possession of any person with the intent to use [it] them as [the] a means of committing a public offense, or in the possession of another to whom he may have delivered [it] them for the purpose of concealing [it] them or preventing [its] their being discovered. [; in which case it may be taken on the warrant from such person, or from any place occupied by him or under his control, or from the possession of the person to whom he may have so delivered it.]

      4.  When the property or things to be seized consist of any item or constitute any evidence which tends to show that a felony has been committed, or tends to show that a particular person has committed a felony.

      The property or things described in this section may be taken on the warrant from any place, or from any person in whose possession it may be.

      Sec. 3.  NRS 179.040 is hereby amended to read as follows:

      179.040  The magistrate [must,] may, before issuing the warrant, examine on oath the [complainant] person seeking the warrant and any witnesses he may produce, and take their [depositions] affidavit or affidavits in writing, and cause them to be subscribed by the parties making them.

      Sec. 4.  NRS 179.050 is hereby amended to read as follows:

      179.050  The [depositions] affidavit or affidavits must set forth the facts tending to establish the grounds of the application, or probable cause for believing that they exist.

      Sec. 5.  NRS 179.060 is hereby amended to read as follows:

      179.060  If the magistrate is satisfied of the existence of the grounds of the application, or that there is probable cause to believe their existence, he [shall] must issue a search warrant, signed by him with his name of office, to a peace officer in his county, commanding him forthwith to search the person or place named for the property or things specified, and to [bring it before the magistrate.] retain such property or things in his custody subject to order of the court as provided in NRS 179.180.

      Sec. 6.  NRS 179.090 is hereby amended to read as follows:

      179.090  The officer may break open any outer or inner door or window of a house, or any part of the house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance. All reasonable and necessary force may be used to effect an entry into any building or property or part thereof to execute a search warrant. In the execution of the warrant the person executing it may reasonably detain and search any person in the place at the time in order to protect himself from attack or to prevent destruction, disposal or concealment of any instruments, articles or things particularly described in the warrant.

      Sec. 7.  NRS 179.110 is hereby amended to read as follows:

 


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

ê1965 Statutes of Nevada, Page 363 (Chapter 209, AB 532)ê

 

      179.110  [The magistrate must insert a direction in the warrant that it be served in the daytime, unless the affidavits be positive that the property is on the person or in the place to be searched, in which case he may insert a direction that it be served at any time of the day or night.] Upon a showing of good cause therefor, the magistrate may, in his discretion, insert a direction in the warrant that it may be served at any time of the day or night. In the absence of such a direction, the warrant may be served only in the daytime.

      Sec. 8.  NRS 179.120 is hereby amended to read as follows:

      179.120  A search warrant must be executed and returned to the magistrate who issued it within [5] 10 days after its date. [, and if in any other county, within 30 days.] After the expiration of [these times, respectively,] such time the warrant shall, unless executed, be void.

      Sec. 9.  NRS 179.180 is hereby amended to read as follows:

      179.180  All property or things taken on a warrant must be retained by an officer in his custody, subject to the order of the court to which he is required to return the proceedings before him, or of any other court in which the offense in respect to which the property or things are taken is triable. If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate shall cause it to be restored to the person from whom it was taken. However, no search warrant shall be quashed by any magistrate or judge within this state nor shall any evidence based upon a search warrant be suppressed in any criminal action or proceeding because of mere technical irregularities which do not affect the substantial rights of the accused.

      Sec. 10.  NRS 179.190 is hereby amended to read as follows:

      179.190  The magistrate shall annex the [depositions,] affidavit or affidavits, the search warrant and return, and the inventory, and [return them to the court having power to inquire into the offenses in respect to which the search warrant was issued, unless he has jurisdiction of the offense, in which case he must retain them and proceed to try the accused.] if he has not power to inquire into the offense in respect to which the warrant was issued, he must at once file the warrant, return, such affidavit or affidavits and inventory with the clerk of the court having power so to inquire.

      Sec. 11.  This act shall become effective upon passage and approval.

 

________

 

 


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ê1965 Statutes of Nevada, Page 364ê

 

CHAPTER 210, SB 4

Senate Bill No. 4–Senator Dodge

CHAPTER 210

AN ACT to amend chapter 482 of NRS, relating to motor vehicles and trailers, by exempting dealers from paying a property tax on mobile homes held for sale in the ordinary course of business; providing for the abatement of any pending action to collect such tax; and providing other matters properly relating thereto.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Notwithstanding the provisions of chapter 361 of NRS and of this chapter or any other law, no mobile home dealer shall be required to pay any property tax, either as a tax on inventory or on individual mobile homes, on any mobile home of which such dealer takes possession and which he holds for sale in the ordinary course of business.

      Sec. 2.  1.  The legislature finds as a fact that the amendments made by chapter 425, Statutes of Nevada 1963, to the several sections relating to the taxation of vehicles and mobile homes and especially to NRS 482.361, relating to the exemption of dealers were made for the purpose of imposing a privilege tax in lieu of the personal property tax on vehicles and not for the purpose of subjecting dealers in mobile homes to a personal property tax upon their inventory either as such or as individual mobile homes.

      2.  Any action or proceeding now pending for the collection of a personal property tax on any mobile home exempted by the provisions of section 1 of this act shall abate and be dismissed forthwith.

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

 

________

 

 

CHAPTER 211, SB 243

Senate Bill No. 243–Committee on Livestock

CHAPTER 211

AN ACT to amend NRS sections 638.010, 638.140 and 638.150, relating to veterinarians, by defining words and terms, providing for revocation of licenses for malpractice, and excepting from the operation of the law advice or performance of accepted livestock management practices and care by owners of animals or their employees; and providing other matters properly relating thereto.

 

[Approved March 25, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 638.010 is hereby amended to read as follows:

      638.010  As used in this chapter:

      1.  [“Board” means the Nevada state board of veterinary medical examiners.

 


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ê1965 Statutes of Nevada, Page 365 (Chapter 211, SB 243)ê

 

      2.  “Practice of veterinary medicine, surgery, obstetrics or dentistry” is defined as follows:

      (a) The opening or maintenance of an office or hospital for consultation or the treatment or prevention of disease of domesticated animals by means of drugs, medicines, surgical or dental operations, the administration or prescribing of sera, vaccines, drugs, pharmaceuticals or biological preparations for the treatment, or prevention, or diagnosis of disease, or otherwise.

      (b) An announcement to the public or any individual in any way of a desire or readiness or willingness to perform any of the acts mentioned in paragraph (a) or to perform any of the acts in paragraph (a) for the doing of which a person receives or expects to receive any money, fee, salary or any consideration of value.

      (c) The illegal use, in connection with his name, by any person giving veterinary advice or performing veterinary services without charge or the expectancy of compensation, directly or indirectly, therefor, of the words “doctor,” “veterinarian,” “veterinary,” “veterinary surgeon,” “veterinary dentist,” or the letters “Dr.,” “D.V.M.,” “V.M.D.,” “M.D.C.,” “V.S.,” or any other letters, symbol or title, indicating that such person is graduated from some school or college which is authorized by law to confer such degree.] “Animal” excludes man and includes fowl, birds, fish and reptiles, wild or domestic, living or dead.

      2.  “Board” means the Nevada state board of veterinary medical examiners.

      3.  “Licensed veterinarian” means a person who is validly and currently licensed to practice veterinary medicine in this state.

      4.  “Person” includes any individual, firm, partnership, association, joint venture, cooperative, corporation or any other group or combination acting in concert, whether or not acting as a principal, trustee, fiduciary, receiver or as any other kind of legal or personal representative or as the successor in interest, assignee, agent, factor, servant, employee, director, officer or other representative of any of these.

      5.  “Practice veterinary medicine” means:

      (a) To diagnose, treat, correct, change, relieve or prevent animal disease, deformity, defect, injury or other physical or mental conditions, including the prescription or the administration of any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique, and including testing for pregnancy or for correcting sterility or infertility; or to render advice or recommendation with regard to any of these.

      (b) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in paragraph (a).

      (c) To use any title, words, abbreviation or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in paragraph (a), except where such person is a veterinarian.

      6.  “School of veterinary medicine” means any veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association.

 


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ê1965 Statutes of Nevada, Page 366 (Chapter 211, SB 243)ê

 

Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association.

      7.  “Veterinarian” means a person who has received a doctor’s degree in veterinary medicine from a school of veterinary medicine.

      8.  “Veterinary medicine” includes veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine.

      Sec. 2.  NRS 638.140 is hereby amended to read as follows:

      638.140  After full and fair investigation of the charges preferred against the accused, any license issued by the board may be revoked by it upon satisfactory proof that the holder of the license:

      1.  Is guilty of unprofessional conduct; or

      2.  Is guilty of gross immorality; or

      3.  Is guilty of habitual drunkenness; or

      4.  Is addicted to the use of habit-forming drugs; or

      5.  Is convicted of a felony [.] ; or

      6.  Is guilty of incompetence, gross negligence, or other malpractice pertaining to veterinary medicine.

      Sec. 3.  NRS 638.150 is hereby amended to read as follows:

      638.150  Nothing in this chapter shall be construed to apply:

      1.  To the gratuitous castrating, dehorning or vaccinating domesticated animals nor to the gratuitous treatment of diseased animals by friends or neighbors of the owner thereof.

      2.  To debar any veterinarian in the employ of the United States Government or the State of Nevada from performing official duties necessary for the conduct of the business of the United States Government or the State of Nevada, or a political subdivision thereof, upon which he is assigned.

      3.  To any veterinarian who shall be called into the state for consultation by a person licensed to practice under this chapter, or to locum tenens not to exceed 90 days in any 12-month period.

      4.  To the giving of advice with respect to or the performance of acts which the board by rule has prescribed as accepted livestock management practices.

      5.  To the owner of an animal or full-time regular employee of the owner wo is caring for and treating an animal which belongs to such owner, except where the ownership of the animal is transferred for the purposes of circumventing this chapter.

 

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ê1965 Statutes of Nevada, Page 367ê

 

CHAPTER 212, SB 245

Senate Bill No. 245–Committee on Public Health

CHAPTER 212

AN ACT to amend NRS section 443.180, relating to duties of health officers, by empowering them to control all active tuberculosis cases.

 

[Approved March 26, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 443.180 is hereby amended to read as follows:

      443.180  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] active stage and is hereby directed:

      (a) To make such examinations as are deemed necessary of persons reasonably suspected of having tuberculosis in an [infectious] active 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 of the department of health and welfare 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.

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

 

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ê1965 Statutes of Nevada, Page 368ê

 

CHAPTER 213, SB 19

Senate Bill No. 19–Senators Bissett, Parks, Monroe, Slattery, Titlow, Bay, Fisher and Humphrey

CHAPTER 213

AN ACT to amend chapter 617 of NRS, relating to occupational diseases, by adding a new section providing that diseases of the lungs of certain firemen are occupational diseases and compensable as such; creating a presumption in connection with such lung diseases; to amend NRS section 617.070, which defines “employee” and “workman,” by including certain volunteer firemen within such definitions; and providing other matters properly relating thereto.

 

[Approved March 29, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 617 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Notwithstanding any other provision of this chapter, diseases of the lungs, resulting in either temporary or permanent total disability or death, shall be considered occupational diseases and compensable as such under the provisions of this chapter if caused by exposure to heat, smoke, fumes or gases, arising out of and in the course of the employment of a person who, for 2 years or more, has been:

      (a) Employed in a full-time salaried occupation of firefighting for the benefit or safety of the public; or

      (b) Acting as a volunteer fireman entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070.

      2.  It shall be presumed that a disease of the lungs has arisen out of and in the course of the employment of any fireman enumerated in paragraphs (a) and (b) of subsection 1 who underwent a medical examination which was evidenced by an X-ray picture of the lungs and a written report of the medical examiner within 12 months prior to the date of the filing of a claim for compensation, when such medical examination failed to reveal any evidence of such disease.

      Sec. 2.  NRS 617.070 is hereby amended to read as follows:

      617.070  “Employee” and “workman” are used interchangeably in this chapter and shall be construed to mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include:

      1.  Aliens and minors.

      2.  All elected and appointed paid public officers.

      3.  All officers and members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.

      4.  A working member of a partnership receiving wages, irrespective of profits from such partnership.

      5.  Lessees engaged in either mining or operating reduction plants; provided, that such lessees shall be deemed employees of the lessor and for the purposes of this chapter shall be deemed to be employed at the average wage paid to miners employed regularly in the same locality.

 


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ê1965 Statutes of Nevada, Page 369 (Chapter 213, SB 19)ê

 

      6.  Volunteer firemen entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070.

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

 

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CHAPTER 214, SB 43

Senate Bill No. 43–Committee on Public Health

CHAPTER 214

AN ACT to amend NRS sections 232.300 and 232.320, relating to the department of health and welfare, by deleting references to the Nevada state hospital and creating the mental hygiene division; to amend NRS sections 433.010, 433.015, 433.120 and 433.410, relating to the Nevada state hospital, by placing it under the administrative supervision of the mental hygiene division of the department of health and welfare; to amend chapter 436 of NRS and NRS sections 436.010 to 436.030, inclusive, 436.050 to 436.070, inclusive, and 436.090, relating to mental health services, by adding new sections providing the qualifications, powers and duties of the administrator of the mental hygiene division of the department of health and welfare, providing for the mental hygiene advisory board, providing the composition of the division, and making technical changes necessitated by the addition of such new sections; to amend NRS section 439.020, relating to the composition of the health division of the department of health and welfare, by deleting reference to the bureau of mental health; to repeal NRS sections 433.050 to 433.070, inclusive, relating to the Nevada state hospital advisory board, and NRS section 439.137, relating to the director of the bureau of mental health; and providing other matters properly relating thereto.

 

[Approved March 29, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 232.300 is hereby amended to read as follows:

      232.300  1.  The department of health and welfare is hereby created.

      2.  The department shall consist of a director and the following divisions:

      (a) Alcoholism division.

      (b) Children’s home division.

      (c) Health division.

      (d) Mental hygiene division.

      (e) Nevada girls training center division.

      [(e) Nevada state hospital division.]

      (f) Nevada youth training center division.

      (g) Welfare division.

      Sec. 2.  NRS 232.320 is hereby amended to read as follows:

      232.320  The director shall:

      1.  Appoint, with the consent of the governor, a chief of each of the divisions of the department. The chief of the alcoholism division shall be known as the administrator of the alcoholism division, the chief of the children’s home division shall be known as the superintendent of the Nevada state children’s home, the chief of the health division shall be known as the state health officer, the chief of the mental hygiene division shall be known as the administrator of the mental hygiene division, the chief of the Nevada girls training center division shall be known as the superintendent of the Nevada girls training center, [the chief of the Nevada state hospital division shall be known as the superintendent of the Nevada state hospital,] the chief of the Nevada youth training center division shall be known as the superintendent of the Nevada youth training center, and the chief of the welfare division shall be known as the state welfare administrator.

 


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ê1965 Statutes of Nevada, Page 370 (Chapter 214, SB 43)ê

 

division shall be known as the administrator of the mental hygiene division, the chief of the Nevada girls training center division shall be known as the superintendent of the Nevada girls training center, [the chief of the Nevada state hospital division shall be known as the superintendent of the Nevada state hospital,] the chief of the Nevada youth training center division shall be known as the superintendent of the Nevada youth training center, and the chief of the welfare division shall be known as the state welfare administrator.

      2.  Be responsible for the administration, through the divisions of the department, of the provisions of chapters 210, 422 to 427, inclusive, 430 to 433, inclusive, 436, 439 to 447, inclusive, 449 and 450 of NRS and all other provisions of law relating to the functions of the divisions of the department, but shall not be responsible for the clinical activities of the health division or the professional line activities of the other divisions.

      3.  Have such other powers and duties as provided by law.

      Sec. 3.  NRS 433.010 is hereby amended to read as follows:

      433.010  As used in this chapter:

      1.  [“Board” means the hospital advisory board.

      2.]  “Hospital” means the Nevada state hospital.

      2.  “Mental hygiene division” means the mental hygiene division of the department of health and welfare.

      3.  “Superintendent” means the superintendent and medical director of the Nevada state hospital.

      Sec. 4.  NRS 433.015 is hereby amended to read as follows:

      433.015  The provisions of this chapter shall be administered by the superintendent, subject to administrative supervision by the [director of the department of health and welfare.] administrator of the mental hygiene division.

      Sec. 5.  NRS 433.120 is hereby amended to read as follows:

      433.120  The superintendent shall be the executive and administrative head of the hospital, and as such shall have the following powers and duties:

      1.  To exercise general supervision of, and make and revise rules and regulations for, the government of the hospital.

      2.  To be responsible for and to supervise the fiscal affairs and responsibilities of the hospital.

      3.  To make reports to the [director of the department of health and welfare,] administrator of the mental hygiene division, and to supply the [director] administrator with material on which to base proposed legislation.

      4.  To keep the complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.

      5.  To inform the public in regard to the activities and operation of the hospital. [, and to give other information which will acquaint the public with mental hygiene problems.]

      6.  To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of this chapter.

 


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ê1965 Statutes of Nevada, Page 371 (Chapter 214, SB 43)ê

 

      7.  To cause to be kept a fair and full account of all medical affairs.

      8.  To perform neurological and psychiatric examinations at the Nevada state prison, the Nevada state children’s home, the Nevada girls training center and the Nevada youth training center when requested by the superintendents or wardens of those institutions.

      9.  To have standard medical histories currently maintained on all patients, and to administer the accepted and appropriate treatments to all patients under his care.

      10.  To undertake any diagnostic, medical or surgical procedure in the interest of the patient, and to give the required consent to a surgical operation upon any incompetent on behalf of the patient, where there is no known kindred or other person with legal authority to give such consent. The decision to perform such surgical operation shall be arrived at only after consultation and approval of at least two other physicians and surgeons licensed to practice in this state.

      11.  To submit a biennial report to the [director of the department of health and welfare of] administrator of the mental hygiene division on the condition, operation and functioning of the hospital, and anticipated needs of the hospital.

      12.  To cause to be surveyed all land known or presumed to belong to the State of Nevada for the use of the hospital, and to take all steps necessary to establish clear title thereto on behalf of the state.

      13.  To lease, with the consent of the [director of the department of health and welfare,] administrator of the mental hygiene division, all or any part of any land known or presumed to belong to the State of Nevada for the use of the hospital for such consideration and upon such terms as the superintendent and the [director] administrator may deem to be in the best interests of the hospital and the State of Nevada. Any moneys received from any such lease shall be remitted by the superintendent to the state treasurer who shall deposit the same in the state treasury to the credit of the general fund.

      Sec. 6.  NRS 433.410 is hereby amended to read as follows:

      433.410  1.  The daily or monthly rate for the subsistence and care of committed persons shall be determined by the superintendent and shall be payable monthly in advance. The optimum rate shall approximate the actual average per diem cost per capita for patients confined in the hospital for the previous year ending on June 30.

      2.  The cost of transportation to the hospital shall be payable with the first monthly payment.

      3.  The assessment of a rate less than the maximum shall not constitute a waiver to a claim for the difference between the actual rate and the maximum rate when the financial ability of responsible relatives or the estate of the committed person warrants the higher rate.

      4.  Previously determined payments may be decreased or increased by the superintendent if adverse or favorable changes in the financial status of responsible relatives or the estate of the committed person warrant such action.

      5.  Rates of pay determined by the superintendent may be appealed to and reviewed by the [director of the department of health and welfare.] administrator of the mental hygiene division. After review, the [director] administrator may modify the determination of the superintendent.

 


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ê1965 Statutes of Nevada, Page 372 (Chapter 214, SB 43)ê

 

[director] administrator may modify the determination of the superintendent.

      6.  Costs of clothing, personal needs, medical, surgical and related services which have to be purchased outside of the hospital shall be additional charges against responsible relatives or the estate of the committed person.

      7.  The unused portion of advance payments shall be refundable to the source of payment in the event of the committed person’s death, parole or discharge from the hospital.

      Sec. 7.  Chapter 436 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 13, inclusive, of this act.

      Sec. 8.  The administrator shall be a physician eligible for licensing in this state under the provisions of chapter 630 of NRS.

      Sec. 9.  The administrator shall have the following powers and duties:

      1.  To serve as the executive officer of the mental hygiene division.

      2.  To make a biennial report to the director of the department on the condition and operation of the mental hygiene division, and such other reports as the director may prescribe.

      3.  To appoint a superintendent of the Nevada state hospital, who shall possess the qualifications prescribed in NRS 433.090.

      4.  To employ, within the limits of available funds, such assistants and employees as may be necessary to the efficient operation of the mental hygiene division in accordance with the provisions of chapter 284 of NRS.

      Sec. 10.  1.  There is hereby created the mental hygiene advisory board composed of 11 members appointed by and responsible to the governor, and serving at the pleasure of the governor.

      2.  Members of the board shall be selected with special reference to their ability and fitness to advise with respect to the duties assigned by law to the mental hygiene division at least two of the members shall have a special interest in the field of mental retardation.

      Sec. 11.  1.  The members of the board shall meet at such times and at such places as they shall deem necessary; but a meeting of the board shall be held at quarterly intervals. The board shall keep minutes of the transactions of each board meeting, regular or special, which shall be public records and filed with the hospital.

      2.  For each day’s attendance at each meeting of the board, the members shall receive per diem expense allowances and travel expenses as fixed by law.

      3.  At the first meeting subsequent to the appointment of any new member, the board shall elect one of its members as chairman.

      4.  Six members of the board shall constitute a quorum, and such quorum may exercise all powers and authority conferred on the board.

      5.  The board shall prescribe rules and regulations for its own management and government.

      Sec. 12.  1.  The board shall be an advisory body to the administrator, and shall have only such powers and duties as may be authorized by law.

      2.  The board shall have the following advisory powers and duties:

 


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ê1965 Statutes of Nevada, Page 373 (Chapter 214, SB 43)ê

 

      (a) To be informed on and interested in the entire field of legislation and administration concerning mental illness.

      (b) To advise and make recommendations to the director of the department or the legislature relative to the mental hygiene policy of the state.

      (c) To advise the administrator with respect to the preparation and amendment of rules and regulations to give effect to the provisions of this chapter.

      (d) To exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this chapter.

      Sec. 13.  The mental hygiene division shall consist of:

      1.  The Nevada state hospital.

      2.  Such other subdivisions as the administrator may, with the approval of the director of the department, from time to time establish.

      Sec. 14.  NRS 436.010 is hereby amended to read as follows:

      436.010  As used in this chapter, unless the context requires otherwise:

      1.  “Administrator” means the administrator of the mental hygiene division.

      2.  “Board” means the [state board of health.

      2.]  mental hygiene advisory board.

      3.  “Department” means the department of health and welfare.

      [3.  “Health division” means the mental health division of the department of health and welfare.]

      4.  “Mental hygiene division” means the mental hygiene division of the department of health and welfare.

      Sec. 15.  NRS 436.020 is hereby amended to read as follows:

      436.020  The [health] mental hygiene division is designated as the official state agency responsible for developing and administering preventive and out-patient mental health services, subject to administrative supervision by the director of the department. It shall function in the following areas:

      1.  Assisting and consulting with local health authorities in providing community mental health services, which services may include prevention, rehabilitation, case-finding, diagnosis and treatment of the mentally ill, and consultation and education for groups and individuals regarding mental health.

      2.  Coordinating mental health functions with other state agencies.

      3.  Participating in and promoting the development of facilities for training personnel necessary for implementing such services.

      4.  Collecting and disseminating information pertaining to mental health.

      5.  Performing such other acts as are necessary to promote mental health in the state.

      Sec. 16.  NRS 436.030 is hereby amended to read as follows:

      436.030  The [board] mental hygiene division shall from time to time adopt, amend, rescind, execute and enforce such rules and regulations as it may deem necessary for carrying out the provisions of this chapter. Such rules and regulations shall have the force and effect of law.

 


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ê1965 Statutes of Nevada, Page 374 (Chapter 214, SB 43)ê

 

      Sec. 17.  NRS 436.050 is hereby amended to read as follows:

      436.050  The [health] mental hygiene division shall, by contract with general hospitals or other institutions having adequate facilities in the State of Nevada, provide for in-patient care of mentally ill patients.

      Sec. 18.  NRS 436.060 is hereby amended to read as follows:

      436.060  The [health] mental hygiene division may contract with private physicians to provide in-patient and out-patient care for mentally ill patients when it appears that they can be treated best in that manner.

      Sec. 19.  NRS 436.070 is hereby amended to read as follows:

      436.070  For the purposes of this chapter, the department, through the [health] mental hygiene division, may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government or any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, an individual, or a group of individuals, but such cooperation shall not of itself relieve any person, department, agency, corporation or political subdivision of any responsibility or liability existing under any provision of law.

      Sec. 20.  NRS 436.090 is hereby amended to read as follows:

      436.090  1.  Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund. Such funds shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      2.  All moneys in any fund available to the [health] mental hygiene division for carrying out the provisions of this chapter shall be paid out on claims approved by the [state health officer] administrator as other claims against the state are paid.

      Sec. 21.  NRS 439.020 is hereby amended to read as follows:

      439.020  The health division shall consist of:

      1.  The bureau of environmental health.

      2.  [The bureau of mental health.

      3.]  The bureau of preventive medical services.

      [4.] 3.  Such other bureaus or subdivisions as the state board of health may from time to time establish.

      Sec. 22.  NRS 433.050 to 433.070, inclusive, and NRS 439.137 are hereby repealed.

 

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ê1965 Statutes of Nevada, Page 375ê

 

CHAPTER 215, SB 151

Senate Bill No. 151–Committee on Judiciary

CHAPTER 215

AN ACT to amend NRS sections 175.155 and 175.160, relating to exercise of peremptory challenges and to alternate jurors, by clarifying the exercise and waiver of peremptory challenges; by providing the state and defendant an equal number of peremptory challenges to alternate jurors and requiring alternate jurors to be retained until a verdict is returned; and providing other matters properly relating thereto.

 

[Approved March 29, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 175.155 is hereby amended to read as follows:

      175.155  If all challenges on both sides are disallowed, either party [, first the state and then the defendant, may take a peremptory challenge, unless the parties’ peremptory challenges are exhausted.] may waive or exercise his right of peremptory challenge, and this shall be done alternatively, first by the state and then the defendant, unless one party’s peremptory challenges are exhausted.

      Sec. 2.  NRS 175.160 is hereby amended to read as follows:

      175.160  1.  Whenever, in the opinion of a judge of a district court about to try a defendant against whom has been filed any indictment or information for a felony, the trial is likely to be a protracted one, the court may cause an entry to that effect to be made in the minutes of the court, and thereupon, immediately after the jury is impaneled and sworn, the court may direct the calling of one or two additional jurors, in its discretion, to be known as “alternate jurors.”

      2.  Such jurors must be drawn from the same source, and in the same manner, and have the same qualifications as the jurors already sworn, and be subject to the same examination and challenges. [; but the prosecution shall be entitled to one, and the defendant to two, peremptory challenges to such alternate jurors.] The prosecution shall be entitled to two and the defendant to two peremptory challenges to such alternate jurors. Either party may waive or exercise his right of peremptory challenge, and this shall be done alternatively, first by the state and then the defendant, unless one party’s peremptory challenges are exhausted.

      3.  Such alternate jurors shall be seated near, with equal power and facilities for seeing and hearing the proceedings in the case, and shall take the same oath as the jurors already selected, and must attend at all times upon the trial of the cause in company with the other jurors; and for a failure so to do are liable to be punished for contempt.

      4.  They shall obey the orders of and be bound by the admonition of the court upon each adjournment thereof; but if the regular jurors are ordered to be kept in custody of the sheriff during the trial of the cause, such alternate jurors shall also be kept in confinement with the other jurors [; and, except as hereinafter provided, shall be discharged upon the final submission of the case to the jury.] , and shall be retained until a verdict is returned by the original jurors.

      5.  If, before the final submission of the case, a juror dies, or becomes disqualified or unable to perform his duty, the court may duly order him to be discharged and draw the name of an alternate, who shall take his place in the jury box, and be subject to the same rules and regulations as though he had been selected as one of the original jurors.

 


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ê1965 Statutes of Nevada, Page 376 (Chapter 215, SB 151)ê

 

becomes disqualified or unable to perform his duty, the court may duly order him to be discharged and draw the name of an alternate, who shall take his place in the jury box, and be subject to the same rules and regulations as though he had been selected as one of the original jurors.

 

________

 

 

CHAPTER 216, SB 156

Senate Bill No. 156–Committee on Judiciary

CHAPTER 216

AN ACT to amend chapter 189 of NRS, relating to criminal appeals from justices’ courts, by requiring a defendant to perfect his appeal by applying for a trial setting; and providing other matters properly relating thereto.

 

[Approved March 29, 1965]

 

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

do enact as follows:

 

      Section 1.  Chapter 189 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      An appeal shall be dismissed by the district court unless perfected by application of the defendant, within 60 days after the appeal is filed in the justice’s court, by having it set for trial.

 

________

 

 

CHAPTER 217, SB 175

Senate Bill No. 175–Committee on Aviation, Transportation and Highways

CHAPTER 217

AN ACT to amend chapter 481 of NRS, relating to motor vehicle law administration, by adding a new section allowing the department of motor vehicles to accept donations of money, labor and materials for use in traffic safety programs.

 

[Approved March 29, 1965]

 

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

do enact as follows:

 

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

      The department is authorized to accept donations of money, labor and materials to be used in traffic safety programs.

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

 

________

 

 


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ê1965 Statutes of Nevada, Page 377ê

 

CHAPTER 218, SB 274

Senate Bill No. 274–Committee on Finance

CHAPTER 218

AN ACT to amend NRS section 440.680, relating to fees of the state registrar of vital statistics, by increasing the fees for making and certifying birth or death records and for supplying a short-form birth certificate.

 

[Approved March 29, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 440.680 is hereby amended to read as follows:

      440.680  1.  For the making and certification of the record of any birth or death registered under the provisions of this chapter, the state registrar shall be entitled to a fee of [$1,] $2, to be paid by the applicant.

      2.  For supplying the certificate described in NRS 440.670 the state registrar shall be entitled to a fee of [50 cents,] $1, to be paid by the applicant.

      3.  For any search of the files and records when no certified copy is made the state registrar shall be entitled to a fee of $1 for each hour or fractional part of an hour of time of search, to be paid by the applicant.

 

________

 

 

CHAPTER 219, AB 144

Assembly Bill No. 144–Committee on Social Welfare

CHAPTER 219

AN ACT to amend NRS sections 424.120 and 424.160, relating to the operation of child care facilities for compensation, by providing for city and county licensing under certain conditions in lieu of licensing by the welfare division of the department of health and welfare.

 

[Approved March 29, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 424.160 is hereby amended to read as follows:

      424.160  [1.]  The provisions of NRS 424.110 to 424.150, inclusive, 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.

 


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ê1965 Statutes of Nevada, Page 378 (Chapter 219, AB 144)ê

 

      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 welfare division of the department of health and welfare pursuant to the provisions of NRS 424.010 to 424.100, inclusive, and used exclusively by the welfare division.] or incorporated city where the governing body has established a licensing agency and enacted an ordinance requiring that such child care facilities be licensed by such county or incorporated city. Such licensing agency shall make such rules and regulations as may be necessary for the licensing of child care facilities, which rules and regulations shall take effect from and after their approval by the welfare division of the department of health and welfare.

      Sec. 2.  NRS 424.120 is hereby amended to read as follows:

      424.120  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] :

      1.  The welfare division of the department of health and welfare [.] ; or

      2.  A county or incorporated city in compliance with the provisions of NRS 424.160.

 

________

 

 


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ê1965 Statutes of Nevada, Page 379ê

 

CHAPTER 220, AB 155

Assembly Bill No. 155–Committee on Livestock

CHAPTER 220

AN ACT relating to public livestock sales; to amend NRS sections 573.010, 573.020, 573.030, 573.100, 573.165, 573.170 and 573.190, relating to definitions, licenses and contents of applications for licenses, licensees’ bonds and deposit receipts, the denial, suspension and revocation of licenses, facilities for brand inspectors, change of sale days and penalties, by adding a definition, requiring additional information on applications for licenses, authorizing the delivery of surety bonds and deposit receipts to the executive director of the state department of agriculture, adding additional grounds for license suspension or revocation, and clarifying language; to amend chapter 573 of NRS, relating to public livestock sales, by adding new sections declaring policy; providing for licensees’ bonds or deposit receipts and actions on such bonds; requiring the establishment and maintenance by licensees of custodial bank accounts for consignors’ proceeds and providing for the use of the moneys therein; requiring the maintenance of a line of credit; requiring the payment to consignors within 24 hours after livestock sales; specifying certain powers and duties of the executive director of the state department of agriculture relating to public livestock sales and consignor creditors’ claims; providing for stop orders; providing for the issuance of injunctions and other appropriate restraining orders; requiring audits; saving rights under security agreements; and providing other matters properly relating thereto.

 

[Approved March 29, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 573.010 is hereby amended to read as follows:

      573.010  As used in this chapter:

      1.  “Consignor” means any person consigning, shipping or delivering livestock to a public livestock auction for sale, resale or exchange.

      2.  “Department” means the state department of agriculture.

      3.  “Executive director” means the executive director of the state department of agriculture.

      4.  “Livestock” means cattle, sheep, goats, horses, mules, asses, burros, swine or poultry.

      [4.] 5.  “Operator of a public livestock auction” means any person holding, conducting or carrying on a public livestock auction.

      [5.] 6.  “Person” means any individual, firm or corporation.

      [6.] 7.  “Public livestock auction” means any sale or exchange of livestock held by any person at an established place of business or premises where the livestock is assembled for sale or exchange, and is exchanged or sold at auction or upon a commission basis at regular or irregular intervals.

      Sec. 2.  NRS 573.020 is hereby amended to read as follows:

      573.020  1.  No person shall hold, operate, conduct or carry on a public livestock auction in this state without first securing a license therefor from the department.

      2.  The application for a license shall be on forms prescribed and furnished by the department and shall set forth:

      (a) The name of the operator of the public livestock auction.

      (b) The location of the establishment or premises where the public livestock auction is to be conducted.

 


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ê1965 Statutes of Nevada, Page 380 (Chapter 220, AB 155)ê

 

      (c) The type or kinds of livestock to be handled, sold or exchanged.

      (d) A description of the facilities to be used in conducting the public livestock auction.

      (e) The weekly or monthly sales day or days on which the applicant proposes to operate his public livestock auction.

      (f) The name and address of the bank where the custodial account for consignors’ proceeds will be established and maintained by the operator of the public livestock auction in compliance with the provisions of section 9 of this amendatory act.

      (g) Such other information as the department reasonably may require [.] , including, without limitation, proof that at the time of application the applicant has a line of credit established at a bank in the State of Nevada in an amount at least equal to the estimated average weekly gross sales receipts of the public livestock auction to be conducted by him.

      3.  The application shall be accompanied by a bond or deposit receipt and the required fee as provided in [NRS 573.030 and 573.040.] this chapter.

      Sec. 3.  NRS 573.030 is hereby amended to read as follows:

      573.030  [1.  The department may require reasonable bonds from the operator of a public livestock auction in such amounts and conditioned as the department deems necessary or proper for the protection of all persons consigning livestock to or purchasing livestock from such auctions. The procuring and filing of such bonds shall be in accordance with the rules and regulations promulgated by the department.

      2.  In lieu of the bonds provided for in subsection 1, the operator of a public livestock auction may deliver to the department the original of a bond required by 7 U.S.C. sec. 204 and the regulations promulgated thereunder in favor of the executive director of the department, who shall act as trustee of such bond.

      3.  In lieu of filing a bond, the operator of a public livestock auction may deliver to the department the receipt of a duly authorized bank or trust company in this state showing the deposit with such bank or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond, such cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond. Any receipt shall be accompanied by evidence that there are no unsatisfied judgments against the operator of such public livestock auction of record in the county where the operator resides. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of this section.

      4.  Any person having a claim against any operator of a public livestock auction shall commence legal action on the bond, or the money or securities deposited in lieu of a bond, for recovery of the amount claimed to be due within 1 year from the date the claim shall have accrued.

      5.  If any licensed operator of a public livestock auction for any reason ceases to operate such auction, the amount of money or securities deposited in lieu of a bond shall be retained by the department for 1 year.

 


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ê1965 Statutes of Nevada, Page 381 (Chapter 220, AB 155)ê

 

reason ceases to operate such auction, the amount of money or securities deposited in lieu of a bond shall be retained by the department for 1 year. If after the expiration of 1 year from the cessation of such operation, no legal action has been commenced to recover against such money or securities, the amount thereof shall be delivered to the owner thereof. If a legal action has been commenced within such time, all such money and securities shall be held by the department subject to the order of the district court.] Before a license is issued by the department to an operator of a public livestock auction, the applicant shall deliver to the executive director either:

      1.  A surety bond pursuant to the provisions of section 6 of this amendatory act; or

      2.  A bond approved by the Secretary of Agriculture of the United States pursuant to the provisions of section 7 of this amendatory act; or

      3.  A deposit receipt pursuant to the provisions of section 8 of this amendatory act.

      Sec. 4.  Chapter 573 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 18, inclusive, of this act.

      Sec. 5.  Because of the paramount importance of livestock raising to the economy of the State of Nevada and the essential function performed by public aution sales in the livestock industry, it is declared to be an essential part of the public policy of this state to regulate such sales in order to avoid fraud upon consignors or purchasers and misappropriation of the proceeds of livestock sold.

      Sec. 6.  1.  If an applicant delivers a surety bond to the executive director pursuant to the provisions of subsection 1 of NRS 573.030, the surety bond shall be:

      (a) In the sum provided for in subsection 2 of this section.

      (b) Executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety.

      (c) A standard form and approved by the executive director as to terms and conditions.

      (d) Conditioned that the principal will not commit any fraudulent act and will comply with the provisions of this chapter and the rules and regulations adopted by the department pursuant to law.

      (e) To the State of Nevada in favor of every consignor creditor whose livestock was handled or sold through or at the licensee’s public livestock auction.

      2.  If the application for a license to operate a public livestock auction is from a person who:

      (a) Has not operated in the past 12-month period, the executive director shall determine the sum of the initial bond that the applicant shall execute in favor of the state, which sum shall be equal to an amount estimated to be 50 percent of the average monthly gross sales proceeds of the public livestock auction in the first 6 months of operation, but such sum shall not be less than $10,000 nor more than $100,000. At any time within the first 12 months of licensed operation, the executive director may, upon written notice to the licensee, review the licensee’s operations and determine whether, because of increased or decreased sales, the amount of the bond should be altered.

 


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ê1965 Statutes of Nevada, Page 382 (Chapter 220, AB 155)ê

 

      (b) Has operated in the past 12-month period, the executive director shall determine the sum of the bond that the applicant shall execute in favor of the state, which sum shall be equal to but shall not exceed an amount equal to 50 percent of the average monthly gross sales proceeds received by the public livestock auction during the 6 successive months of the last 12-month period which produced the highest dollar volume, but such sum shall not be less than $10,000 nor more than $100,000.

      3.  The total and aggregate liability of the surety for all claims upon the bond shall be limited to the face amount of the bond.

      Sec. 7.  In compliance with the provisions of subsection 2 of NRS 573.030, if the applicant is bonded as a market agency under the provisions of the Packers and Stockyards Act (7 U.S.C. § 204), as amended, and the regulations promulgated thereunder, in a sum equal to or greater than the sum required by the provisions of section 6 of this amendatory act, the applicant may deliver to the executive director a bond approved by the Secretary of Agriculture of the United States naming the executive director as trustee.

      Sec. 8.  1.  As authorized by subsection 3 of NRS 573.030, in lieu of filing the bond described in sections 6 or 7 of this amendatory act, the applicant may deliver to the executive director the receipt of a bank or trust company doing business in this state showing the deposit with such bank or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond, such cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond. A receipt shall be accompanied by evidence that there are no unsatisfied judgments against the applicant of record in the county where the applicant resides.

      2.  An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of this chapter.

      3.  If any licensed operator of a public livestock auction for any reason ceases to operate such auction, the amount of money or securities deposited in lieu of a bond shall be retained by the department for 1 year. If after the expiration of 1 year from the cessation of such operation, no legal action has been commenced to recover against such money or securities, the amount thereof shall be delivered to the owner thereof. If a legal action has been commenced within such time, all such money and securities shall be held by the executive director subject to the order of a court of competent jurisdiction.

      Sec. 9.  1.  Each licensee shall deposit the gross proceeds received by him from the sale of livestock handled on a commission or agency basis in a separate bank account established and maintained by the licensee in the bank at which his line of credit, as required by paragraph (g) of subsection 2 of NRS 573.020 is established. The separate bank account shall be designated a “custodial account for consignors’ proceeds.”

      2.  The custodial account for consignors’ proceeds shall be drawn on only:

      (a) For the payment of net proceeds to the consignor, or such other person or persons of whom such licensee has knowledge who is entitled to such proceeds; and

 

 


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ê1965 Statutes of Nevada, Page 383 (Chapter 220, AB 155)ê

 

person or persons of whom such licensee has knowledge who is entitled to such proceeds; and

      (b) To obtain from such proceeds only the sums due the licensee as compensation for his services; and

      (c) For such sums as are necessary to pay all legal charges against the consignment of livestock which the licensee in his capacity as agent is required to pay for and on behalf of the consignor.

      3.  The licensee shall:

      (a) In each case keep such accounts and records as will at all times disclose the names of the consignors and the amount due and payable to each from the funds in the custodial account for consignors’ proceeds.

      (b) Maintain the custodial account for consignors’ proceeds in a manner that will expedite examination by the executive director and reflect compliance with the requirements of this section.

      Sec. 10.  The executive director shall ascertain, at least quarterly, the continued existence and amount of the line of credit shown pursuant to paragraph (g) of subsection 2 of NRS 573.020, or its replacement by a line of credit at another bank in the State of Nevada and the amount of such replacement. If the line of credit is so replaced, the custodial account shall be transferred to the bank issuing the new line of credit. If a line of credit in the amount required is not maintained, the executive director shall suspend the operator’s license.

      Sec. 11.  Within 24 hours after a sale of livestock by an operator of a public livestock auction, the operator of the public livestock auction shall pay to the consignor of such livestock the net proceeds of the sale due such consignor.

      Sec. 12.  1.  Any consignor creditor claiming to be injured by the fraud of any licensee may bring an action upon the bond against both the principal and the surety in any court of competent jurisdiction to recover the damages caused by such fraud.

      2.  The executive director or any consignor creditor may also bring an action upon the bond against both the principal and the surety in any court of competent jurisdiction to recover the damages caused by any failure to comply with the provisions of this chapter and the rules and regulations adopted by the department pursuant to law.

      Sec. 13.  1.  In case of failure by a licensee to pay amounts due a consignor creditor whose livestock was handled or sold through or at the licensee’s public livestock auction, as evidenced by a verified complaint filed with the executive director, the executive director shall proceed forthwith to ascertain the names and addresses of all consignor creditors of such licensee, together with the amounts due and owing to them and each of them by such licensee, and shall request all such consignor creditors to file a verified statement of their respective claims with the executive director. Such request shall be addressed to each known consignor creditor at his last-known address.

      2.  If a consignor creditor so addressed fails, refuses or neglects to file in the office of the executive director his verified claim as requested by the executive director within 60 days from the date of such request, the executive director shall thereupon be relieved of further duty or action under this section on behalf of such consignor creditor.

 


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ê1965 Statutes of Nevada, Page 384 (Chapter 220, AB 155)ê

 

the executive director shall thereupon be relieved of further duty or action under this section on behalf of such consignor creditor.

      3.  Where by reason of the absence of records, or other circumstances making it impossible or unreasonable for the executive director to ascertain the names and addresses of all consignor creditors, the executive director, after exerting due diligence and making reasonable inquiry to secure the information from all reasonable and available sources, may make demand on the bond on the basis of information then in his possession, and thereafter shall not be liable or responsible for claims or the handling of claims which may subsequently appear or be discovered.

      4.  Upon ascertaining all claims and statements in the manner set forth in this section, the executive director may then make demand upon the bond on behalf of those claimants whose statements have been filed, and shall have the power to settle or compromise the claims with the surety company on the bond, and is empowered in such cases to execute and deliver a release and discharge of the bond involved.

      5.  Upon the refusal of the surety company to pay the demand, the executive director may thereupon bring an action on the bond in behalf of the consignor creditors. Upon any action being commenced on the bond, the executive director may require the filing of a new bond. Immediately upon the recovery in any action on such bond the licensee shall file a new bond. Upon failure to file the same within 10 days, in either case, such failure shall constitute grounds for the suspension or revocation of his license.

      6.  In any settlement or compromise by the executive director with a surety company as provided in subsection 4 of this section, where there are two or more consignor creditors that have filed claims, either fixed or contingent, against a licensee’s bond, such creditors shall share pro rata in the proceeds of the bond to the extent of their actual damage.

      7.  For the purpose of enforcing the provisions of this section, the executive director is authorized to receive verified complaints from any consignor against any licensee, or agent, or any person assuming or attempting to act as such, and upon receipt of such verified complaint shall have full authority to make any and all necessary investigations relative to such complaint. The executive director is empowered to administer oaths of verification of such complaints.

      8.  For the purpose of making investigations as provided for in subsection 7 of this section, the executive director may enter a public livestock auction and examine any records required under the provisions of this chapter. The executive director shall have full authority to issue subpenas requiring the attendance of witnesses before him, together with all books, memoranda, papers and other documents relative to the matters under investigation, and to administer oaths and take testimony thereunder.

      Sec. 14.  When the executive director determines, on the basis of any verified complaint or of any inspection or investigation made by him pursuant to this chapter, that any operator of a public livestock auction is violating or is about to violate any provision of this chapter for the protection of consignor creditors, he may order:

 

 


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ê1965 Statutes of Nevada, Page 385 (Chapter 220, AB 155)ê

 

auction is violating or is about to violate any provision of this chapter for the protection of consignor creditors, he may order:

      1.  Such operator to cease and desist from:

      (a) Receiving or selling any livestock;

      (b) Receiving or disbursing any moneys; or

      (c) Any practice which violates any provision of this chapter or any other law or any rule, order or regulation issued pursuant to law.

      2.  Any bank which holds the custodial account of such operator, as required by section 8 of this amendatory act, to refrain from paying out any money from such account.

Such order shall cease to be effective upon the expiration of 3 days, exclusive of Saturdays, Sundays and other nonjudicial days, from its date of issuance unless a court has, pursuant to section 16 of this amendatory act, issued an order which continues such restraint.

      Sec. 15.  1.  The district court in and for the county in which any investigation is being conducted by the executive director pursuant to the provisions of subsections 7 and 8 of section 13 of this amendatory act shall have the power to compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the executive director.

      2.  In case of the refusal of any witness to attend or testify or produce any papers required by such subpena the executive director may report to the district court in and for the county in which the investigation is pending by petition, setting forth:

      (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) That the witness has been subpenaed in the manner prescribed in this chapter;

      (c) That the witness has failed and refused to attend or produce the papers required by subpena before the executive director in the investigation named in the subpena, or has refused to answer questions propounded to him in the course of such investigation,

and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the executive director.

      3.  The court, upon petition of the executive director, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the executive director. A certified copy of the order shall be served upon the witness. If it shall appear to the court that the subpena was regularly issued by the executive director, the court shall thereupon enter an order that the witness appear before the executive director at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.

      Sec. 16.  Whenever any licensee has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter or the rules and regulations adopted by the department pursuant to law, the district court of any county, on application of the executive director, may issue an injunction or other appropriate order restraining such conduct.

 


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ê1965 Statutes of Nevada, Page 386 (Chapter 220, AB 155)ê

 

of the executive director, may issue an injunction or other appropriate order restraining such conduct. Proceedings under this section shall be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking shall be required in any action commenced by the executive director.

      Sec. 17.  1.  Except as provided in subsection 2, every operator of a public livestock auction shall cause his accounts to be audited at least annually by a holder of a live permit under chapter 628 of NRS, and shall file with the executive director a copy of such audit, signed and certified as correct by the auditor. The executive director may prescribe by regulation the content and times for filing of such audits.

      2.  Every operator whose accounts are audited under the provisions of the Packers and Stockyards Act (7 U.S.C. § 204), as amended, shall file a copy of each such audit with the executive director.

      Sec. 18.  No provision of this chapter shall impair the validity of any chattel mortgage or other security agreement.

      Sec. 19.  NRS 573.100 is hereby amended to read as follows:

      573.100  1.  The department may decline to grant or to renew a license or may suspend or revoke a license already granted if, after due notice and hearing, the department finds:

      (a) That the licensee has violated any provision of this chapter, or any rule, order or regulation issued [thereunder;] pursuant to law;

      (b) That the licensee has knowingly received on consignment, or sold or exchanged, stolen livestock or mortgaged livestock without authority from the owner or mortgagee;

      (c) That the licensee has been guilty of fraud or deception in any material particular in securing the license;

      (d) That the licensee has failed to keep records as required by this chapter;

      (e) That the licensee has failed to practice measures of sanitation as required by this chapter, or has violated the rules and regulations, if any, for the yarding, housing, holding and feeding of livestock; [or]

      (f) That the licensee, in the case of livestock weighed on the licensee’s scales and sold by weight, has knowingly quoted incorrect weights, or has failed to have his scales regularly inspected and tested [.] ;

      (g) That the applicant or licensee has intentionally made a false or misleading statement as to the conditions of the livestock market, or has authorized any false advertising reflecting the operation of his public livestock auction;

      (h) That the applicant or licensee has been previously convicted of a felony; or

      (i) That the applicant or licensee has within 3 years next preceding the action of the department:

             (1) Filed a voluntary petition in bankruptcy;

             (2) Been adjudged an involuntary bankrupt;

             (3) Received or been refused a discharge in bankruptcy; or

             (4) Failed to make full settlement with all consignor creditors after a claim against his surety or deposit in lieu of bond has been collected by court order.

 


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ê1965 Statutes of Nevada, Page 387 (Chapter 220, AB 155)ê

 

      2.  Subparagraphs (1) to (3), inclusive, of paragraph (i) of subsection 1 shall not apply to any person who has made full settlement with his creditors. An individual shall be deemed to have committed one of the acts listed in such subparagraphs if such act has been committed by any corporation of which he was at the time of such act an officer or director or the beneficial owner of 20 percent or more of the capital stock. A corporation shall be deemed to have committed one of the acts listed in such subparagraphs if such act has been committed:

      (a) By another corporation controlled by the applicant corporation.

      (b) By an individual who at the time of application is an officer or director or the beneficial owner of 20 percent or more of the capital stock of the applicant corporation.

      (c) By another corporation of which an individual as described in paragraph (b) was at the time of such act an officer or director or the beneficial owner of 20 percent or more of the capital stock.

      3.  In the case of any hearing held under the provisions of this section, there shall be filed in the office of the department a memorandum stating briefly the reasons of the department for the denial, suspension or revocation of the license, but formal findings of fact shall not be required to be made or filed.

      Sec. 20.  NRS 573.165 is hereby amended to read as follows:

      573.165  Public livestock auction facilities shall include space and facilities approved by the executive director [of the department] for brand inspectors to carry out their duties in a safe and expeditious manner.

      Sec. 21.  NRS 573.170 is hereby amended to read as follows:

      573.170  1.  The operator of a public livestock auction may apply to the department for a change of the weekly or monthly sales day or days specified in his license. Such application shall be subject to a hearing and approval by the executive director. [of the department.]

      2.  No special sale shall be conducted by the operator of a public livestock auction unless he has applied to the department in writing 15 days prior to such proposed sale, and such sale date shall be approved at the discretion of the executive director. [of the department.]

      Sec. 22.  NRS 573.190 is hereby amended to read as follows:

      573.190  1.  Any person who shall operate a public livestock auction without a license, as required by this chapter, or who shall violate any of the provisions of this chapter or of any rules or regulations lawfully issued [under the provisions of this chapter,] pursuant to law, shall be guilty of a misdemeanor.

      2.  Each [day] day’s operation in which livestock is sold or exchanged at any unlicensed public livestock auction shall constitute a separate offense.

 

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ê1965 Statutes of Nevada, Page 388ê

 

CHAPTER 221, AB 157

Assembly Bill No. 157–Joint Committee of Agriculture and Irrigation and Livestock

CHAPTER 221

AN ACT relating to livestock and farm products dealers, brokers, commission merchants, cash buyers and agents; to amend NRS sections 576.010 to 576.050, inclusive, 576.080, 576.100 and 576.120 to 576.150, inclusive, relating to definitions, licensing requirements, applications for licenses, licensees’ bonds, annual license fees, the form and contents of licenses, designation of agents, grounds for license suspension and revocation, exemptions and penalties, by adding additional definitions of words and terms, requiring cash buyers and agents to be licensed, requiring additional information on license applications, providing a license fee for agents, adding additional grounds for suspension and revocation of licenses, requiring operators of public livestock auctions to pay annual registration fees, and making other formal changes required by amendment; to amend chapter 576 of NRS, relating to livestock and farm products dealers, brokers and commission merchants, by adding new sections requiring license applicants to make satisfactory showings of character, responsibility and good faith; requiring commission merchants, dealers and brokers to keep records; providing for reports of sales by commission merchants and remittances of sales proceeds by commission merchants and dealers; requiring manifests on motor vehicles used by dealers, commission merchants and cash buyers in their businesses; providing for the issuance of stop orders, injunctions and other appropriate restraining orders; and providing other matters properly relating thereto.

 

[Approved March 29, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 576.010 is hereby amended to read as follows:

      576.010  As used in this chapter unless the context clearly requires otherwise:

      1.  “Agent” means any person who, on behalf of any commission merchant, or dealer, or broker or cash buyer, receives, contracts for or solicits the sale, exchange or transfer of farm products or livestock from a producer thereof, or who negotiates the consignment or purchase of any farm product or livestock on behalf of any commission merchant, dealer, broker or cash buyer.

      2.  “Broker” means any person other than a dealer, commission merchant or cash buyer who negotiates the purchase or sale of any farm product and who does not handle either the farm product involved or the proceeds of a sale.

      3.  “Cash buyer” means any person other than a commission merchant or dealer or broker who purchases or offers to purchase any farm products or livestock for the purpose of processing or resale and who pays for such farm products or livestock in lawful money of the United States or by certified check at the time of purchase or delivery thereof, or at the time the price of such farm products or livestock may be determined, if the price or value thereof is subject to determination by inspection, grade or pack out.

      4.  “Commission merchant” means any person other than a dealer, or broker, or cash buyer, who shall receive on consignment or solicit from the producer thereof for the purpose of resale, or who shall sell or offer for sale on commission any farm product or livestock, or who shall in any way handle for the account of, or as an agent of, the producer thereof on a commission basis any farm products or livestock.

 


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ê1965 Statutes of Nevada, Page 389 (Chapter 221, AB 157)ê

 

or offer for sale on commission any farm product or livestock, or who shall in any way handle for the account of, or as an agent of, the producer thereof on a commission basis any farm products or livestock.

      5.  “Consignor” means any person who ships or delivers to any commission merchant or dealer any farm products for handling, sale or resale.

      6.  “Dealer” means any person other than a commission merchant or broker or cash buyer who solicits, contracts for or obtains from the producer, agent or consignee thereof title, possession or control of any farm product or livestock, or who buys or agrees to buy any farm product or livestock from the producer thereof.

      [6.] 7.  “Department” means the state department of agriculture.

      [7.] 8.  “Executive director” means the executive director of the state department of agriculture.

      9.  “Farm products” includes all agricultural, horticultural, viticultural and vegetable products of the soil, poultry and poultry products, livestock and livestock products and hay, but not timber products, or milk and milk products.

      [8.] 10.  “Fixed and established place of business” means any warehouse, building, storeroom or stockyard, either owned or leased, at which the owner conducts a legitimate permanent business in good faith, and at which stocks of farm products or livestock are kept in quantities usually carried and reasonably adequate to meet the requirements of the business therein conducted.

      [9.] 11.  “Immediate resale” means a sale of farm products or livestock made within 60 days of the purchase thereof.

      [10.] 12.  “Livestock” includes all kinds and ages, and both sexes, singular and plural, of the bovine and equine species and sheep, goats and hogs.

      [11.] 13.  “Person” means any individual, partnership, firm, corporation or association.

      14.  “Producer” means any person engaged in the business of growing or producing any farm product.

      Sec. 2.  NRS 576.020 is hereby amended to read as follows:

      576.020  No person shall act as a [dealer, broker or commission merchant dealing in farm products or livestock with the producer thereof without first securing a license from the department. A person doing business solely as a “cash buyer” as that term is defined in NRS 576.010 shall register with the department and be licensed only as a cash buyer, and pay such fee as the department shall require.] broker, dealer, commission merchant, cash buyer or agent without having obtained a license from the department as provided in this chapter.

      Sec. 3.  NRS 576.030 is hereby amended to read as follows:

      576.030  [An application for a license as a dealer, broker or commission merchant shall:

      1.  Be on forms prescribed and furnished by the department.

      2.  Set forth the applicant’s name, present address, addresses for the preceding 3 years, the county or counties in which the applicant proposes to engage in business, and the nature of the business, and such other information as the department may reasonably require.

 


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ê1965 Statutes of Nevada, Page 390 (Chapter 221, AB 157)ê

 

      3.  Be accompanied with an executed instrument whereby the applicant:] 1.  Every person, before acting as a broker, dealer, commission merchant, cash buyer or agent, as defined in NRS 576.010, shall file an application with the department for a license to transact such business. Separate applications shall be filed for each class of business.

      2.  The application shall be on forms prescribed and furnished by the department and shall set forth:

      (a) The full name of the person applying for such license. If the applicant is a firm, exchange, association or corporation, the full name of each member of the firm, or the names of the officers of the exchange, association or corporation shall be given in the application.

      (b) The principal business address of the applicant in the State of Nevada and elsewhere.

      (c) The name or names of the person or persons authorized to accept service of summons and legal notice of all kinds for the applicant.

      (d) The applicant’s address or addresses for the preceding 3 years.

      (e) The county or counties in which the applicant proposes to engage in business.

      (f) The class or classes of farm products the applicant proposes to handle.

      (g) Such other information as the department may reasonably require.

      3.  In addition to the general requirements applicable to all classes of applications as set forth in subsection 2 of this section, the following requirements shall apply to the class of applications specified in paragraphs (a) and (b) of this subsection:

      (a) Commission merchants. Each application shall include a complete schedule of commissions, together with an itemized listing of all charges for all services. Any services rendered for which charges are made, if not listed in the schedule on the application, shall be rendered on a strictly cost basis.

      (b) Agents. Each application shall include the name and address of the applicant, the name and address of the broker, dealer, commission merchant or cash buyer represented or sought to be represented by the agent, and the written endorsement or nomination of such broker, dealer, commission merchant or cash buyer.

      4.  The application shall be accompanied with an executed instrument whereby the applicant:

      (a) Appoints and constitutes the executive director [of the department] and his successor or successors in office the true and lawful attorney of the applicant upon whom all lawful process in any action or legal proceeding against the applicant arising in this state from a transaction under the provisions of this chapter may be served; and

      (b) Agrees that any such lawful process against him which may be served upon his attorney as provided in this subsection shall be of the same force and validity as if served upon him and that the authority thereof shall continue in force irrevocably as long as any liability of the applicant in the state shall remain outstanding.

      Sec. 4.  NRS 576.040 is hereby amended to read as follows:

      576.040  1.  Each applicant to whom a license to act as a dealer, broker or commission merchant is issued shall do one of the following:

 


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ê1965 Statutes of Nevada, Page 391 (Chapter 221, AB 157)ê

 

      (a) File a bond of a surety company authorized to do business in this state or a bond with individual sureties owning unencumbered real property within this state subject to execution and worth, above all exemptions, double the amount of the bond. The bond shall be in the form prescribed by, and to the satisfaction of, the department, conditioned for the payment of a judgment or judgments against the applicant furnishing the bond and arising out of the failure of the applicant or his agent to conduct his business in accordance with the provisions of this chapter, or for nonpayment of obligations in connection with the purchase and sale of livestock or farm products. The aggregate liability of the surety to all claimants shall, in no event, exceed the amount of the bond.

      (b) File a copy of the bond required by the United States pursuant to the provisions of the Packers and Stockyards Act (7 U.S.C. § 204).

      2.  In lieu of complying with one of the alternatives provided in subsection 1, the dealer, broker or commission merchant may deliver to the department the receipt of a [duly authorized] bank or trust company in this state showing the deposit with such bank or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond, such cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond. Any receipt shall be accompanied by evidence that there are no unsatisfied judgments against the dealer, broker or commission merchant of record in the county or counties in which the dealer, broker or commission merchant is doing business or wherein he resides. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of this section.

      3.  The amount of such bond or deposit shall be $5,000.

      4.  All bonds shall be renewed or continued in accordance with rules and regulations promulgated by the department.

      5.  Any producer of livestock or farm products or his agent or consignee injured by any violation of the provisions of this chapter, or by any misrepresentations or fraud on the part of any licensed dealer, broker or commission merchant, may maintain a civil action against such dealer, broker or commission merchant and the surety or sureties on the bonds, or either of them. Process authorized by the instrument filed with the department pursuant to subsection [3] 4 of NRS 576.030 shall be served by delivering to and leaving with the executive director [of the department] duplicate copies of such process and the payment of a fee of $2, and the service upon such attorney shall be deemed service upon such dealer, broker or commission merchant. The executive director shall forthwith forward one copy of such process by registered mail prepaid to the defendant dealer, broker or commission merchant, giving the day and hour of such service. The defendant’s return receipt shall be prima facie evidence of the completion of such service. If service of summons is made upon the executive director in accordance with the provisions of this subsection, the time within which the defendant is required to appear shall be deemed to be extended 10 days.

 


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ê1965 Statutes of Nevada, Page 392 (Chapter 221, AB 157)ê

 

days. The foregoing provisions of this subsection with reference to the service of process shall not be deemed exclusive, but if such defendant dealer, broker or commission merchant is found within the State of Nevada he shall be served with process in the State of Nevada.

      6.  Any producer of livestock or farm products or his agent or consignee having a claim against any dealer, broker or commission merchant shall commence legal action on the bond, or the money or securities deposited in lieu of a bond, for recovery of the amount claimed to be due within 1 year from the date the claim shall have accrued.

      7.  If any licensed dealer, broker or commission merchant for any reason ceases to operate as such, the amount of money or securities deposited in lieu of a bond shall be retained by the department for 1 year. If after the expiration of 1 year from the cessation of such operation, no legal action has been commenced to recover against such money or securities, the amount thereof shall be delivered to the owner thereof. If a legal action has been commenced within such time, all such money and securities shall be held by the department subject to the order of the district court.

      Sec. 5.  NRS 576.050 is hereby amended to read as follows:

      576.050  1.  Each applicant for a license as a broker, dealer, commission merchant or cash buyer shall pay to the department an annual license fee of $40.

      2.  Each applicant for a license as an agent shall pay to the department an annual license fee of $10.

      Sec. 6.  NRS 576.080 is hereby amended to read as follows:

      576.080  Licenses shall be in such form as the department may prescribe, shall be under the seal of the department and shall set forth:

      1.  The name and address of the dealer, broker [or commission merchant.] commission merchant, cash buyer or agent.

      2.  The period of the license.

      3.  Such other information as the department reasonably may require.

      Sec. 7.  NRS 576.100 is hereby amended to read as follows:

      576.100  No agent may act for any dealer, broker, cash buyer or commission merchant unless such dealer, broker, cash buyer or commission merchant is licensed and has designated the agent to act in his behalf and notified the department in writing of the appointment of such agent. The dealer, broker, cash buyer or commission merchant is accountable and responsible for contracts made by his agents.

      Sec. 8.  NRS 576.120 is hereby amended to read as follows:

      576.120  1.  The department may refuse to grant or renew a license or registration as provided in subsection 4 of NRS 576.140 or may suspend or revoke a license or registration as provided in subsection 4 of NRS 576.140 already granted if, after due notice and hearing, the department is satisfied of the existence of any of the following facts, the existence of which is hereby declared to be a violation of this chapter:

      (a) That the applicant, or licensee, has intentionally made any false or misleading statement as to the conditions of the market for any farm products.

 


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ê1965 Statutes of Nevada, Page 393 (Chapter 221, AB 157)ê

 

      (b) That the applicant, or licensee, has made fictitious sales or has been guilty of collusion to defraud the producer.

      (c) That the licensee was intentionally guilty of fraud or deception in the procurement of such license.

      (d) That the applicant or licensee has in the handling of any farm products been guilty of fraud, deceit, or willful negligence.

      (e) That the licensee, without reasonable cause, has failed or refused to execute or carry out a lawful contract with a producer.

      [2.] (f) That the licensee, without reasonable cause, has issued checks for payment of farm products received without sufficient funds to cover them or has stopped payment on a check given in payment for farm products received.

      (g) That the licensee, without reasonable cause, has failed to account for farm products as required by this chapter.

      (h) That the licensee has knowingly employed an agent, as defined in subsection 1 of NRS 576.010, without causing such agent to comply with the licensing requirements of this chapter applicable to agents.

      (i) That the licensee has failed or refused to keep, maintain and file records as required by this chapter.

      2.  The department may suspend, pending inquiry, for not longer than 10 days, and after hearing or investigation may refuse to grant, renew or revoke any license as the case may require, when it is satisfied that the licensee has become bankrupt or insolvent, and is thereby unable to pay producer-creditors of the licensee, or producers with whom the licensee has executory or executed contracts for the purchase of farm products, or for the handling of farm products on consignment.

      3.  A license shall be suspended automatically, without action of the department, if the bond filed pursuant to subsection 1 of NRS 576.040 is canceled, and shall remain suspended until such bond is renewed.

      [3.] 4.  In the case of any hearing held under the provisions of this section, there shall be filed in the office of the department of a memorandum stating briefly the reasons of the department for the denial, suspension or revocation of the license, but formal findings of fact need not be made or filed.

      Sec. 9.  NRS 576.140 is hereby amended to read as follows:

      576.140  This chapter shall not apply to:

      1.  The Nevada Fair of Mineral Industries, 4-H clubs, the Nevada junior livestock show, the Nevada state livestock show, the Nevada Hereford Association, or any other organization or association which is entirely nonprofit in character.

      2.  Any railroad transporting livestock either interstate or intrastate.

      3.  Any farmer or rancher purchasing or receiving livestock for grazing, pasturing or feeding on his premises within the State of Nevada and not for immediate resale.

      4.  Operators of public livestock auctions as defined in NRS 573.010, and all buyers of livestock at such auctions at which the public livestock auction licensee does not control title or ownership to the livestock being sold or purchased at such auctions, and any person buying for interstate shipments only and subject to and operating under a bond required by the United States pursuant to the provisions of the Packers and Stockyards Act (7 U.S.C.

 


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ê1965 Statutes of Nevada, Page 394 (Chapter 221, AB 157)ê

 

Packers and Stockyards Act (7 U.S.C. § 204) and the regulations promulgated thereunder. All persons exempted by the provisions of this subsection shall register annually with the department, giving the location of their place of business, the number of their license and bond and the expiration date thereof. [The department may charge a fee sufficient to defray the expense incident to such registration.] Each such registrant shall pay an annual registration fee of $40 to the department.

      5.  Any farmer or rancher whose farm or ranch is located in the State of Nevada, who buys or receives farm products or livestock from another farmer or rancher not for immediate resale.

      6.  Any retail merchant having a fixed and established place of business in this state and who conducts a retail business exclusively.

      Sec. 10.  NRS 576.150 is hereby amended to read as follows:

      576.150  1.  Any person who acts as a dealer, broker, [or] commission merchant, cash buyer or agent without a license therefor as required by this chapter, or who violates any of the provisions of this chapter, or any of the rules or regulations lawfully promulgated under the provisions of this chapter, is guilty of a misdemeanor.

      2.  Any prosecution brought under this chapter may be brought in any county of this state in which the defendant or any one of the defendants resides, or in which the unlawful act was committed, or in which the defendant or any one of the defendants has his principal place of business.

      Sec. 11.  Chapter 576 of NRS is hereby amended by adding thereto the provisions set forth as sections 12 to 17, inclusive, of this act.

      Sec. 12.  1.  The department shall require the applicant for a license as a broker, dealer, commission merchant, cash buyer or agent to make a showing of character, responsibility and good faith in seeking to carry on the business stated in the application, and may make investigations, hold hearings and make determinations regarding such matters.

      2.  Should the applicant be a corporation or partnership, it shall likewise satisfy the department of the character, responsibility and good faith of all persons connected with it in a responsible or managing position, such as manager, superintendent, officer or director.

      3.  Failure of any person to satisfy the department of his character, responsibility or good faith may be considered by the department as adverse to a showing of such qualifications and shall be good and sufficient grounds for the denial of an application for a license or of the renewal thereof. Precious conviction of a felony, previous bankruptcy, voluntary or involuntary, or previous violation of this chapter may be considered by the department as adverse to a showing of such character, responsibility or good faith on the part of the applicant.

      4.  Any person adjudged a bankrupt, or any person against whose bondsman or bondsmen or deposit in lieu of bond a claim or claims have been collected by court order, who has not made full settlement with all producer-creditors, shall not be licensed by the department during the period of 3 years from the date of such adjudication or collection.

      Sec. 13.  1.  Every commission merchant, having received any farm products for sale as such commission merchant, shall promptly make and keep a correct record showing in detail the following with reference to the handling, sale or storage of such farm products:

 

 


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ê1965 Statutes of Nevada, Page 395 (Chapter 221, AB 157)ê

 

products for sale as such commission merchant, shall promptly make and keep a correct record showing in detail the following with reference to the handling, sale or storage of such farm products:

      (a) The name and address of the consignor.

      (b) The date received.

      (c) The condition and quantity upon arrival.

      (d) Date of such sale for account of the consignor.

      (e) The price for which sold.

      (f) An itemized statement of the charges to be paid by the consignor in connection with the sale.

      (g) The names and addresses of all purchasers if the commission merchant has any financial interest in the business of the purchasers, or if the purchasers have any financial interest in the business of the commission merchant, directly or indirectly, as holder of the other’s corporate stock, as copartner, as lender or borrower of money to or from the other, or otherwise, such interest shall be noted in the records following the name of any such purchaser.

      (h) A lot number or other identifying mark for each consignment, which number or mark shall appear on all sales tags and other essential records needed to show what the farm products actually sold for.

      (i) Any claim or claims which have been or may be filed by the commission merchant against any person for overcharges or for damages resulting from the injury or deterioration of such farm products by the act, neglect or failure of such person; and such records shall be open to the inspection of the executive director and the consignor of farm products for whom such claim or claims are made.

      2.  Every dealer purchasing any farm products from the producer thereof, shall promptly make and keep for 1 year a correct record showing in detail the following:

      (a) The name and address of the grower.

      (b) The date received.

      (c) The price to be paid.

      (d) An itemized statement of any charges paid by the dealer for the account of the producer.

      3.  Every broker, upon negotiating the sale of farm products, shall issue to both buyer and seller a written memorandum of sale, showing price, date of delivery, quality and other details concerned in the transaction. A copy of the memorandum shall be retained by the broker for a period of 1 year.

      Sec. 14.  1.  When requested by his consignor, a commission merchant shall, before the close of the next business day following the sale of any farm products consigned to him, transmit or deliver to the owner or consignor of the farm products a true written account of such sale, showing the amount sold and the selling price. Remittance in full of the amount realized from such sales, including all collections, overcharges and damages, less the agreed commission and other charges, together with a complete account of sales, shall be made to the consignor within 10 days after receipt of the moneys by the commission merchant, unless otherwise agreed in writing.

      2.  Every commission merchant shall retain a copy of all records covering each transaction for a period of 1 year from the date thereof, which copy shall at all times be available for an open to the confidential inspection of the executive director and the consignor, or authorized representative of either.

 


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ê1965 Statutes of Nevada, Page 396 (Chapter 221, AB 157)ê

 

which copy shall at all times be available for an open to the confidential inspection of the executive director and the consignor, or authorized representative of either.

      3.  Every dealer shall pay for farm products delivered to him at the time and in the manner specified in the contract with the producer, but if no time is set by such contract, or at the time of the delivery, then within 30 days from the delivery or taking possession of such farm products, except that livestock whose sale is subject to the Packers and Stockyards Act (7 U.S.C. §§ 181 to 231, inclusive) shall be paid for within the time required by that act and any applicable regulations promulgated thereunder.

      Sec. 15.  1.  Each dealer, commission merchant and cash buyer operating a motor vehicle in the conduct of his licensed business shall carry on such motor vehicle a manifest on a form to be prescribed or approved by the department showing:

      (a) A description of the cargo on the motor vehicle.

      (b) The brand inspection certificate number for any livestock being transported.

      (c) Where and from whom the cargo was purchased.

      (d) The weight or measure upon which the purchase was made and, if purchased upon weight, where and by whom weighed and the weight obtained at the weighing.

      2.  Such manifest shall be executed in triplicate. One copy shall be given to the consignor or seller. One copy shall be retained by the licensee, and the original, signed by the licensee, shall be transmitted immediately to the department.

      3.  False statements on a manifest as to the nature, quantity, weight, count, grade, quality or any other essential feature of the cargo shall constitute grounds for suspension or cancellation of the licensee’s license issued pursuant to this chapter.

      Sec. 16.  When the executive director believes, on the basis of a verified complaint or of an investigation made pursuant to NRS 576.110, that any licensee or person assuming to transact business for which a license is required under this chapter is violating or is about to violate any provision of this chapter, he may order such licensee or other person to cease and desist from such unlawful practice. Such order shall cease to be effective upon the expiration of 3 days, exclusive of Saturdays, Sundays and other nonjudicial days, form its date of issuance unless a court has, pursuant to section 17 of this amendatory act, issued an order which continues such restraint.

      Sec. 17.  Whenever any licensee or person assuming to transact business for which a license is required under this chapter has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter or the rules and regulations adopted by the department pursuant to law, the district court of any county, on application of the executive director, may issue an injunction or other appropriate order restraining such conduct. Proceedings under this section shall be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking shall be required in any action commenced by the executive director.

 

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ê1965 Statutes of Nevada, Page 397ê

 

CHAPTER 222, AB 192

Assembly Bill No. 192–Committee on Social Welfare

CHAPTER 222

AN ACT to amend NRS section 281.150, which prohibits payment of educational leave stipends, by allowing part payment of educational leave stipends by the welfare division of the department of health and welfare.

 

[Approved March 29, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 281.150 is hereby amended to read as follows:

      281.150  1.  No department, board, commission, agency, officer or employee of the State of Nevada shall authorize the expenditure of public money or expend public money for the payment of educational leave stipends to any officer or employee of the State of Nevada.

      2.  The provisions of this section shall not be construed to:

      (a) Prevent the granting of sabbatical leaves by the board of regents of the University of Nevada; or

      (b) Apply to the welfare division of the department of health and welfare where [all] part of the cost of educational leave stipends may be paid from [federal] funds made available [through the Children’s Bureau or the Bureau of Public Assistance of the United States Department of Health, Education, and Welfare pursuant to the provisions of 42 U.S.C. § 906 or other federal law or regulation] by the Federal Government or another source to assist in increasing the effectiveness and efficiency of administration of public welfare programs by increasing the number of adequately trained personnel available for work in public welfare programs. No person may be granted educational leave stipends under the provisions of this paragraph until such person has entered into a contract with the welfare division whereby such person agrees to pursue only courses required for social work degrees and to return to the employ of such division on the basis of 1 year for each 9 months educational leave taken or to refund the amount of such stipends. Performance of the employment contract may be waived by the state welfare board in cases of extreme hardship or other valid excuse.

 

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ê1965 Statutes of Nevada, Page 398ê

 

CHAPTER 223, AB 208

Assembly Bill No. 208–Mr. Kean

CHAPTER 223

AN ACT to amend NRS sections 473.020, 473.030 and 473.035, relating to the procedure for the formation of “Clarke-McNary” fire protection districts and the alteration of district boundaries, by providing a new procedure for district formation and providing for mandatory exclusion of certain contiguous territory from the district upon petition; to amend chapter 473 of NRS, relating to fire protection districts receiving federal aid, by adding new sections relating to procedural requirements for formation and providing for the liability of property upon district boundary changes; and providing other matters properly relating thereto.

 

[Approved March 29, 1965]

 

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

do enact as follows:

 

      Section 1.  NRS 473.035 is hereby amended to read as follows:

      473.035  1.  The boundaries of any fire protection district organized under this chapter may be altered by the inclusion of new territory therein or by the exclusion of territory comprising a part of the district in the manner provided in this section.

      2.  Upon receiving a written petition containing a description of the territory proposed to be [excluded or to be] included (which territory shall be contiguous to the district), which petition shall contain a statement advising the signers that their property will be subject to the levy of a tax for the support of the fire protection district, and signed by not less than a majority of the property owners within such territory, the state forester firewarden shall determine the feasibility of including [or excluding] such territory and shall notify the board of directors of the district of his decision.

      3.  The board of directors, upon receipt of a notice in writing from the state forester firewarden of the decision to include territory in [or to exclude territory from] the fire protection district, shall prepare a resolution:

      (a) Describing the territory to be included; [or excluded;] and

      (b) Stating the purpose for such inclusion. [or exclusion.]

      4.  Upon the adoption of the resolution the board of directors shall forthwith notify the state forester firewarden of such resolution. Such territory shall be deemed to be included in [or excluded from] the fire protection district from the date of such resolution.

      5.  Upon the inclusion of any contiguous territory in a fire protection district the state forester firewarden shall establish rules and regulations for the organization of the territory to meet the terms of the Clarke-McNary Act.

      6.  Should any portion of the territory included in a fire protection district be: [annexed]

      (a) Annexed to an incorporated city or lands adjacent to an incorporated city be zoned for residential, small estates or commercial use pursuant to law, the state forester firewarden may declare the portion so annexed or zoned to be excluded from the district, and he shall change the district boundary to conform to the annexation or zoning.

 


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ê1965 Statutes of Nevada, Page 399 (Chapter 223, AB 208)ê

 

      (b) Used or zoned as industrial, commercial, residential or agricultural land, the board of directors shall, immediately upon receiving a written petition:

             (1) Requesting exclusion from the district; and

             (2) Containing the description of 10 or more contiguous parcels of land within the territory so used or zoned as industrial, commercial, residential or agricultural land which parcels are each owned separately by different persons; and

             (3) Signed by not less than a majority of the owners of the described territory sought to be excluded,

adopt a resolution describing the territory and excluding it from the district. Such territory shall be deemed to be excluded from the fire protection district from the date of the adoption of such resolution.

      Sec. 2.  NRS 473.020 is hereby amended to read as follows:

      473.020  1.  Property owners of land in watershed areas or lands having an inflammable cover in one or more counties in this state may [form] institute proceedings for the formation of a fire protection district for the purpose of securing federal aid under the Clarke-McNary Act by petition to the state forester firewarden.

      2.  The petition shall:

      (a) Set forth the territory in the county to be included in the fire protection district; and

      (b) Be signed by at least [10] 25 percent of the property owners within such territory.

      3.  The state forester firewarden shall determine the feasibility of the formation of such district and shall notify the board of county commissioners of his decision [.] and transmit a copy of the petition to the board.

      Sec. 3.  NRS 473.030 is hereby amended to read as follows:

      473.030  [1.]  The board of county commissioners in each of such counties, upon receipt of a notice in writing from the state forester firewarden of the [decision to form] feasibility of the formation of such fire protection district, shall [prepare] adopt a resolution:

      [(a)] 1.  Describing the territory or specifying the exterior boundaries of the proposed fire protection district; [and

      (b)] 2.  Stating the purpose for which it is to be organized; [.

      2.  Upon the adoption of the resolution to organize fire protection district within the defined territory, the board of county commissioners shall forthwith notify the state forester firewarden of such resolution. The state forester firewarden shall establish rules and regulations for the organization of the area to meet the terms of the Clarke-McNary Act.]

      3.  Fixing a time and place for a hearing of the matter not less than 30 days after its adoption; and

      4.  Directing the clerk of the board of county commissioners to publish the notice of intention of the board of county commissioners to form such fire protection district, and of the time and place fixed for the hearing, and shall designate that publication shall be in some newspaper of general circulation published in the county and circulated in the proposed fire protection district, or if there is no newspaper so published and circulated then in some newspaper of general circulation circulated in the proposed district.

 


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ê1965 Statutes of Nevada, Page 400 (Chapter 223, AB 208)ê

 

the proposed fire protection district, or if there is no newspaper so published and circulated then in some newspaper of general circulation circulated in the proposed district.

      Sec. 4.  Chapter 473 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 9, inclusive, of this act.

      Sec. 5.  The notice shall:

      1.  Be headed “Notice of the proposed formation of fire protection district in ............... County (stating the name of the county or, if there be more than one, the name of the counties in which the proposed district is located).”

      2.  State the fact that the board of county commisisoners of the county has fixed the time and place (which shall be stated in the notice) for a hearing on the matter of the formation of the fire protection district.

      3.  Describe the territory or shall specify the exterior boundaries of the territory proposed to be organized into a fire protection district.

      4.  Be published once a week for 2 successive weeks prior to the time fixed for the hearing in the newspaper designated by the board of county commissioners.

      Sec. 6.  1.  At the time fixed for the hearing of the matter, or at any time prior thereto, any person interested may file with the clerk of the board written objections to the formation of the district.

      2.  At the time fixed for the hearing, or to which the hearing may be adjourned, the board of county commissioners shall hear the objections filed, if any, and pass upon the same.

      3.  The board may, in its discretion, sustain any or all of the objections filed and may change or alter the boundaries of such proposed district to conform to the needs of the district and to exclude therefrom any land that will not be benefited by the formation of such a district. Except as provided in section 7 of this amendatory act, the board shall not include therein any territory not included in the boundaries mentioned in the petition.

      Sec. 7.  Any owner of lands adjacent to the borders of the proposed district may, by his written application therefor filed with the board of county commissioners at or before the time of the hearing of the petition, in the discretion of the board, have such lands included within such proposed district.

      Sec. 8.  1.  Upon the hearing of the matter, the board of county commissioners shall determine whether or not the petition complies with the requirements and purposes of this chapter, and must hear all competent and relevant testimony offered in support or in objection thereto. Upon completion of the hearing the board shall, by order, determine whether or not such a proposed district shall be formed and such order shall be entered upon the minutes of the board of county commissioners.

      2.  Upon the entry of the order of formation of the district, the board of county commissioners shall forthwith notify the state forester firewarden of the formation of the district. The state forester firewarden shall establish rules and regulations for the organization of the area included within the district to meet the terms and requirements of the Clarke-McNary Act.

 

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