shall remain in effect during the continuance of the emergency declared by the president May 27, 1941, and for a period of six months thereafter.

[Assembly Bill No. 88–Mr. Kelly]

Chap. 116–An Act requiring the state health department to inspect food establishments, granting authority to the health officer to inspect food establishments, granting power to adopt an interpretive code, permitting sampling and condemnation of food products, regulating control of infectious diseases in food handlers, regulating the inspection, grading, degrading, posting of grade notices, and publication of grades of food establishments; regulating the issuance and revocation of permits and licenses to operate food establishments, setting up standards of sanitation of food establishments, detailing certain unlawful practices, enforcement of this act, and fixing of penalties.

[Approved March 17, 1943]

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

Assembly, do enact as follows:

      Section 1.  Definitions.  When used in this act, the following terms shall, unless the context otherwise indicates, have the following respective meaning:

      The term “food establishment” shall mean any place, structure, premises, vehicle, or vessel, or any part thereof, in which any “food product” as defined herein intended for ultimate human consumption are manufactured or prepared by any manner or means whatsoever, or in which they are sold, offered, or displayed for sale, or served; provided, that this definition shall not be construed to include private homes, fraternal or social clubhouses, attendance at which is limited to club members nor any establishment the sanitation of which is specifically governed by other acts or rules and regulations of the state board of health, nor should this definition be construed to include vehicles operating on common carriers engaged in interstate commerce.

      The term “food product” shall mean any food, drink, confection, or beverage, or any component in the preparation or manufacture thereof, intended for ultimate human consumption, stored, being prepared or manufactured, displayed, offered for sale, sold, or served in a “food establishment” as defined herein.

      The term “food handler” shall mean any person employed in or operating a food establishment as herein defined, whether employer, employee, or independent individual who handles, stores, transports, prepares, manufactures, serves, or sells “food products,” as herein defined, or who comes in contact with eating or cooking utensils or other equipment used in the handling, preparation, manufacture, service, or sale of “food products.”

Definitions

Definitions

Health officer, duty of

Assistance of peace officers

Interpretive code

Sampling and condemnation of food products

Notification of disease

handles, stores, transports, prepares, manufactures, serves, or sells “food products,” as herein defined, or who comes in contact with eating or cooking utensils or other equipment used in the handling, preparation, manufacture, service, or sale of “food products.”

      The term “health officer” shall mean the state health officer and the director of the division of public health engineering, and include any of his assistants, deputies, inspectors, or any other official representatives or members of the state health officer’s staff who are charged with the enforcement of this act.

      The term “person” shall mean person, firm, copartnership, association, or corporation.

      Words used in the singular include the plural and plural the singular. Words used in the present tense include the past and future tenses.

      Sec. 2.  Duty of Health Officer.  It shall be the duty of the health officer to enforce all the provisions of this act, and it shall be unlawful for anyone to interfere with the said health officer in performance of his duty. The health officer shall have authority to enter and inspect all food establishments within the state and to inspect all food products, utensils, equipment, and all portions of buildings and basements connected therewith.

      Sec. 3.  Peace Officers to Assist.  All sheriffs, constables, policemen, marshals, and other peace officers shall render such services and assistance to the health officer in regard to enforcement as he may request.

      Sec. 4.  Interpretive Code.  The state board of health shall have the power by affirmative vote of a majority of its members to adopt an interpretive code detailing sanitary requirements of section 16 of this act.

      Sec. 5.  Sampling and Condemnation of Food Products.  Samples of food products may be taken and examined by the health officer as often as he deems advisable for bacteriological and any other analyses. The health officer may quarantine any food products he deems unwholesome, insanitary, or having possible ill effect on health, and he shall remove or destroy such food products after they have been proven to be unwholesome, insanitary, or having an ill effect on health.

      Sec. 6.  Notification of Disease.  Notice shall be sent immediately to the health officer or any county health officer by the food establishment manager, or by any employee concerned, if he or any food handler contracts any infectious, contagious, or communicable disease or has a fever, a skin eruption, a cough lasting more than three weeks, or any other symptom of disease. It shall be the duty of any such food handler to notify the food establishment manager immediately when any of said conditions obtain, and if neither the manager nor the food handler concerned notified the health officer immediately when any of said conditions obtain they shall be held jointly and severally to have violated this act.

immediately when any of said conditions obtain, and if neither the manager nor the food handler concerned notified the health officer immediately when any of said conditions obtain they shall be held jointly and severally to have violated this act. A placard containing this section shall be posted in all food establishments.

      Sec. 7.  Procedure When Infection Suspected.  When suspicion arises as to the possibility of transmission of infection from any food handler the health officer is authorized to require any or all of the following measures:

      (1) The immediate exclusion of the food handler from all food establishments;

      (2) The immediate closing of the food establishments concerned until, in the opinion of the health officer, no further danger of disease outbreak exists;

      (3) Adequate medical examinations of the food handler and of his associates, with such laboratory examinations as may be indicated.

      Sec. 8.  Inspection, Grading, and Permits.  The health officer shall inspect and grade food establishments at least once every year and at such other times as he may designate. One copy of the inspection report bearing the grade and a statement that the food establishments is or is not granted a permit to operate shall be posted by the health officer in a conspicuous place in the food establishment and shall not be defaced or removed by any person excepting the health officer. Another copy of the inspection report shall be filed with the records of the health department. The food establishment shall display at all times a conspicuous notice, provided by the health officer, stating the grade of the food establishment.

      Sec. 9.  Degrading.  At subsequent inspections, in case the health officer discovers the violation of any item of sanitation required for the grade then held, he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied. If upon the second inspection the same item of sanitation is found to be violated, the food establishment shall be required to display immediately a grade notice based upon the second inspection.

      Sec. 10.  Grades.  From and after 12 months from the date on which this act is enacted, no food establishments except grade A and grade B shall be operated. This section shall not be construed as forbidding the operation of lower-grade food establishments during temporary periods of degrading, not exceeding 30 consecutive days, or, in emergencies, such longer period as the health officer may deem necessary.

      Sec. 11.  Publication of Grades.  The health officer shall have the power to publish, or give out for publication, lists of food establishments inspected and the grades thereof as determined by the provisions of section 16 of this act, and the interpretive code authorized under this act.

Procedure when infection suspected

Inspection, grading, and permits

Degrading

Grades

Publication of grades

Permit required

Revocation of permit and appeal

When license not to be issued

Revocation of license

Standards of sanitation

have the power to publish, or give out for publication, lists of food establishments inspected and the grades thereof as determined by the provisions of section 16 of this act, and the interpretive code authorized under this act.

      Sec. 12.  Permit Required.  It shall be unlawful for any person to operate a food establishment, after an inspection by a health officer, who does not possess an unrevoked permit from the health officer. This section shall apply to temporary or itinerant, as well as to permanently, operated food establishments. Only persons who comply with the requirements of this act shall be entitled to receive and retain such a permit.

      Sec. 13.  Revocation of Permit and Appeal.  The permit herein required may be revoked by the health officer upon the violation by the holder of any of the requirements of this act, or at any time when in the judgment of the health officer the food establishment has become a public health menace; provided, that the holder of said permit shall, after complying with such revocation, have the right of appeal to the local health department in whose territory establishment is located or to the state board of health.

      Sec. 14.  When License Not To Be Issued.  No license under any license ordinance of a city, county, or other licensing authority shall be issued for the operation of a food establishment to any person owning or operating such food establishment unless the permit herein required has first been granted by the health officer.

      Sec. 15.  Revocation of License.  A license to operate a food establishment issued by any licensing authority to a person owning or operating such food establishment shall be revoked when such person’s permit has been revoked by the health officer, and no new license may be issued until such person again possesses an unrevoked permit from the health officer. Licensing authorities shall be notified by the health officer of the revocation of any permit.

      Sec. 16.  Standards of Sanitation.  The grading of all food establishments shall be based upon the following standards:

      Grade A food establishments are those which comply with all of the following items of sanitation.

      Grade B establishments are those which have been found on two successive inspections to have violated the same one of any of the following items of sanitation required for grade A food establishments: 1, 2, 3, 4, 12, or 16.

      Grade C food establishments are those which have been found on two successive inspections to have violated the same one of any of the following items of sanitation required for grade A food establishments: 5, 6, 7, 8, 9, 10, 11, 13, 14, or 15.

      Item 1.  Structure.  The food establishment must be housed in a structure that has floors, walls, and ceilings in good repair, and that is kept clean and free of rodents, vermin, and flies.

housed in a structure that has floors, walls, and ceilings in good repair, and that is kept clean and free of rodents, vermin, and flies.

      Item 2.  Doors and Windows.  All doors, windows, and screens shall be in good repair and capable of excluding flies and rodents.

      Item 3.  Illumination.  Adequate illumination shall be provided.

      Item 4.  Ventilation.  Adequate ventilation shall be provided to maintain comfortable working conditions and remove smoke, grease, vapors, and odors.

      Item 5.  Toilets.  Adequate, sanitary toilet facilities shall be provided and shall be kept clean, well ventilated, and free of flies. Hand-washing signs shall be posted therein.

      Item 6.  Lavatories.  Hand washbasins, equipped with warm water, soap, and paper towels shall be provided and kept clean. All food handlers are required to wash their hands after using the toilets or otherwise contaminating their hands.

      Item 7.  Water Supply.  An ample supply of a safe quality water from a sanitary source shall be provided.

      Item 8.  Construction and Condition of Utensils, Equipment, and Furnishings.  All cups, dishes, glasses shall be free of cracks and chipped surfaces, all other utensils shall have smooth surfaces, and be free of not readily cleanable seams and joints. All sinks, drainboards, and all other surfaces on sinks, garbage tables, work tables, and similar equipment shall be of impervious, easily cleanable material, and kept clean and free of vermin, corrosion, and decay. All other equipment and furnishings shall be kept in sanitary conditions and good repair.

      Item 9.  Hot Water.  Hot water under pressure shall be provided at all times in all food establishments where water under pressure is available.

      Item 10.  Cleaning Facilities, Cleansing and Bactericidal Treatment of Utensils and Equipment.  Adequate dishwashing facilities shall be provided. All dishes, glasses, cups, and all other utensils shall be washed clean and then sterilized only by one of the methods approved by the health officer. Only clean, freshly laundered drying cloths may be used.

      Item 11.  Protection of Utensils, Equipment, and Containers.  All cleaned dishes, glasses, cups, and all other utensils, equipment, and single service containers and utensils shall be protected from contamination until used.

      Item 12.  Garbage and Sewage Disposal.  All waste and garbage shall be kept in tightly-covered, water-tight metal containers, and be disposed of in a sanitary manner. Garbage cans shall be kept clean, and no offensive odors or nuisances shall be permitted.

Structure

Doors and windows

Illumination

Ventilation

Toilets

Lavatories

Water supply

Sanitary condition of equipment

Hot water

Cleaning facilities

Protection of equipment

Garbage and sewage disposal

Refrigeration

Foods to be wholesome

Food handlers

Miscellaneous

Unlawful practices

nuisances shall be permitted. Liquid wastes and sewage shall be disposed of in a sanitary manner without creating a nuisance or contaminating a water supply.

      Item 13.  Refrigeration.  Adequate refrigeration facilities shall be provided and kept clean and the temperature therein shall not be over 50° F.

      Item 14.  Wholesomeness and Protection of Food Products.  All food products shall be wholesome and free from spoilage, dirt, vermin, flies, deleterious or poisonous substances, and shall be handled carefully so as to be kept free from contamination. Perishable food products shall be kept at a temperature of 50°F. or below until used, served, or sold. Ice used with food products shall be washed before use and be made only of safe quality water. Milk or fluid milk products shall be served only in the original containers in which they were received from an approved dairy. Serving of dipped milk shall be prohibited.

      Item 15.  Food Handlers.  Food handlers shall keep their hands and persons clean and wear clean clothes.

      Item 16.  Miscellaneous.  The outside surroundings of the food establishment shall be free of accumulations of garbage, rubbish, or other conditions creating a nuisance or health hazard. No beds or bedding shall be permitted in a food establishment except in hotels or boardinghouses where a hallway separates all bedrooms from the food establishment proper.

      Sec. 17.  Unlawful Practices.  In any food establishment where any food product is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed, or distributed, whether dispensed for a price or without a price, it shall be unlawful:

      (a) To dry sweep or clean a floor in any manner that raises dust.

      (b) To maintain any icebox, refrigerator, or other cooler for food products in an unwholesome, unclean, or insanitary condition, or above fifty (50) degrees Fahrenheit. No meats shall be stored in direct contact with shelves. No food products shall be stored so as to be subject to the drip from ice or refrigerator coils.

      (c) To keep spoiled or rotten fruit, meat, and vegetables, or other garbage, in anything except a water-tight metal container covered with a tight-fitting lid. The presence in a food establishment of any such spoiled or rotten food products, except in this container, shall be deemed prima-facie evidence of its being kept for sale as human food. This container shall not be kept in any refrigerator where food products are kept.

      (d) To sleep in, or keep a bed or bedding, except in a restroom designated specifically for that purpose.

      (e) To use tobacco or snuff in any form or to be intoxicated while preparing or dispensing food products.

      (f) To expectorate on the utensils, apparatus, the floor, side walls, food products, or the containers thereof.

      (g) To wrap any food product, usually consumed without peeling, in any unclean paper, or in paper which has been previously used, or in a printed wrapper unless said wrapper is heavily paraffined or waxed or of similar impervious material.

      (h) To use any machinery or equipment that is not clean or sanitary and so constructed as to prevent mechanical dirt from contaminating food products.

      (i) To offer for sale or display fruit or vegetables at a height of less than eighteen (18) inches above the floor.

      (j) To not provide with one or more suitable sinks connected with an adequate supply of running hot and cold water, if food products are prepared or consumed on the premises.

      (k) To provide a common towel or to use dish cloths, towels, and wiping cloths that are unclean, soiled, or insanitary.

      (l) To fail to protect food products and all utensils, apparatus, and equipment from flies, vermin, insects, dust, or poisonous substances.

      (m) To use after opening any sealed metal can, or other such food container, for the purposes of cooking, preparing, or storing of food products.

      (n) To fail to provide a vented hood or canopy over and above any stove where food products are prepared, unless some other means of ventilation is approved by the health officer.

      (o) To allow any animal to live or remain in, or permit any animal to enter, or take any animal into a food establishment except when on leash or controlled by some person of proper age and ability to prevent such animal from becoming or committing a nuisance. Fowl coops and rabbit hutches shall be kept clean, and no animals or fowls to be slaughtered shall be kept in the basement of a food establishment or in any space in which food products are manufactured, prepared, or served.

      (p) To use, by others than employed personnel, any part of a kitchen as a dining room.

      (q) To conduct laundering or ironing operations.

      (r) To permit unnecessary loitering in space in which food is prepared, or the routine presence of small children.

      (s) To use any basement or cellar, except for storage of food products contained in sealed metal or glass containers, unless the floors, walls, and ceilings are of tight, sound, smooth, easily cleanable construction, in good repair, that will effectively exclude rodents, other vermin, and leakage, and every pipe, drain, or conduit passing through floors, walls, or ceilings is sealed into place, and no sewer or drain pipes are located overhead where leakage from such pipes could contaminate food products, and other requirements of this act are observed.

Unlawful practices

Unlawful practices

War emergency

Repeal clause

Validity clause

will effectively exclude rodents, other vermin, and leakage, and every pipe, drain, or conduit passing through floors, walls, or ceilings is sealed into place, and no sewer or drain pipes are located overhead where leakage from such pipes could contaminate food products, and other requirements of this act are observed. From and after the date of passage of this act no new kitchens or places for the preparation, manufacture, or cooking of food products in basements or cellars shall be permitted unless every requirement of this act is strictly complied with.

      (t) To provide drinking cups for common use, or allow drinking cups for common use to be on the premises.

      (u) To use cracked, chipped, or corroded dishes, vessels, and utensils.

      (v) To perform tonsorial services, or shoe repairing or cleaning, or other business giving rise to dust, dirt, foul odors, and other matter that may contaminate food products.

      (w) To use as an insecticide in powder form, or any preparation in powder form containing sodium fluoride or other salt of hydrofluoric acid, unless said powders are distinctly colored Nile blue.

      (x) To store, keep, or use any insecticide, exterminators, to other substance containing sodium fluoride or other poison in refrigerators, on shelves, or in other places where they may contaminate foods or beverages.

      (y) To cleanse or polish eating and cooking utensils with any article, polish, or other substance containing any cyanide preparation.

      Sec. 18.  War Emergency.  Any equipment and furnishings or repairs or replacement of such equipment and furnishings required by the provisions of this act and found to be impossible to provide, repair, or replace due to war emergencies existing at the time of passage of this act shall not be cause for closing of any food establishment unless in the opinion of the health officer the conditions existing or liable to exist due to the lack of such proper equipment and furnishings create, or would create, an extremely grave health hazard. At the end of said war emergencies this section shall no longer be in effect.

      Sec. 19.  Repeal Clause.  All acts or parts of acts in conflict with the provisions hereof are hereby repealed.

      Sec. 20.  Validity Clause.  If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not effect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared severable.

      Sec. 21.  Penalty.  Any person violating any of the provisions of this act or any of the provisions of the interpretive code hereby established shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed five hundred ($500) dollars or imprisonment in the county jail for not more than six (6) months, or both such fine and imprisonment.

provisions of this act or any of the provisions of the interpretive code hereby established shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed five hundred ($500) dollars or imprisonment in the county jail for not more than six (6) months, or both such fine and imprisonment. It shall be the duty of the district attorneys of the several districts of this state to prosecute the violations of this act as for other crimes and misdemeanors.

      Sec. 22.  This act shall be in full force and effect from and after its passage and approval.

Penalty

In effect

[Assembly Bill No. 115–Clark County Delegation]

Chap. 117–An Act to amend an act entitled “An act fixing the salaries and compensation of the officers and deputy officers of Clark County, and repealing all other acts and parts of acts in conflict therewith,” approved March 3, 1931, as amended March 25, 1931, as amended March 28, 1941.

[Approved March 17, 1943]

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 is hereby amended to read as follows:

      Section 1.  From and after February 1, 1943, the county officers and deputy county officers of Clark County, Nevada, shall receive the following salaries and compensation, which shall be full compensation for all services rendered:

      The sheriff of Clark County shall receive a salary of three thousand three hundred dollars ($3,300) per annum, and such commissions as are now allowed by law not to exceed the sum of three hundred dollars ($300) per annum.

      The sheriff shall also receive his actual traveling expenses necessarily incurred in criminal cases when it becomes necessary to travel a greater distance than five miles from the county seat. He shall also receive his actual traveling expenses necessarily incurred in civil cases wherein the county of Clark or the State of Nevada are parties thereto. He shall also be allowed to appoint a chief deputy who shall receive a salary to be fixed by the board of county commissioners, but in no event to exceed three thousand dollars ($3,000) per annum.

      The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of thirty-six hundred dollars ($3,600) per annum.

      The county assessor shall receive a salary of three thousand three hundred ($3,300) per annum.

Salary of sheriff

Travel expenses allowed

Salary of county clerk

Salary of assessor

Salary of district attorney

Salary of treasurer

Salary of recorder

Salaries of commissioners

May appoint deputies

Appointments under district attorney

Repeal

In effect

      The district attorney shall receive a salary of thirty-six hundred dollars ($3,600) per annum.

      The county treasurer shall receive a salary of three thousand three hundred dollars ($3,300) per annum.

      The county recorder and auditor shall receive a salary of thirty-six hundred dollars ($3,600) per annum.

      The chairman of the board of county commissioners shall receive a salary of eighteen hundred dollars ($1,800) per annum, and the other members shall receive a salary of twelve hundred dollars ($1,200) per annum. Each commissioner shall be entitled to traveling expenses in the sum of ten cents per mile in traveling to and from the commissioners meetings. The chairman of the board of county commissioners, without additional compensation, shall be ex officio purchasing agent of the county with such powers and duties as may be prescribed by the board of county commissioners.

      Sec. 2.  Section 2 of the above-entitled act is hereby amended to read as follows:

      The county recorder and auditor, the county clerk and ex officio clerk of the district court, the county assessor and the county treasurer may each appoint a chief deputy at a salary to be fixed by the board of county commissioners but in no event to exceed three thousand dollars ($3,000) per annum.

      Sec. 3.  Section 3 of the above-entitled act is hereby amended to read as follows:

      The district attorney shall be allowed to employ, subject to the approval of the board of county commissioners, a special investigator at a salary to be fixed by the board of county commissioners but in no event to exceed three thousand dollars ($3,000) per annum. The district attorney shall also be allowed to employ, subject to the approval of the board of county commissioners, a secretary at a salary to be fixed by the board of county commissioners but in no event to exced two thousand four hundred dollars ($2,400) per annum, and shall also be allowed to employ such other clerical help as the work in his office may justify, the compensation of such additional clerical help to be fixed by the board of county commissioners.

      Sec. 4.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 5.  This act shall become effective from and after its passage and approval.

[Assembly Bill No. 134–Mr. Grant]

Chap. 118–An Act authorizing state agencies, officers, or departments to purchase automobiles for the use of their several activities to an amount not to exceed fifteen hundred ($1,500) dollars during the duration of the war, and repealing acts or parts of acts in conflict herewith.

[Approved March 17, 1943]

      Whereas, Certain federal agencies have frozen the sale of automobiles in the hands of the dealers and authorized such dealers to add flooring charges, insurance, interest, and other charges while such automobiles are being held for disposal under regulations of the office of price administration; and

      Whereas, Certain laws limit state agencies, officers, and departments in the purchase of automobiles at a price in excess of one thousand ($1,000) dollars, and suitable automobiles cannot be purchased within that limitation because of these federal regulations; now

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

Assembly, do enact as follows:

      Section 1.  Any agency, officer, or department of the State of Nevada which is authorized by law to purchase automobiles for the use of such department is hereby authorized to pay not to exceed fifteen hundred ($1,500) dollars, which is to include the factory price plus the transportation, flooring charges, insurance, interest, and other extras which the regulations of the office of price administration may approve in fixing and determining the selling price to the purchaser.

      Sec. 2.  During the duration of the present war and until such war is declared ended by a proclamation of the president of the United States, all acts or parts of acts which limit the purchase price of automobiles for any agency, officer, or department of the State of Nevada is hereby repealed if they conflict with the provisions of section 1 of this act.

      Sec. 3.  This act shall be in effect from and after its passage and approval.

Preamble

May purchase automobiles

When repeal considered

In effect

Absent ballot, how procured

Duties of county clerk

[Assembly Bill No. 9–Mr. Boak]

Chap. 119–An Act to amend an act entitled “An act to provide a method for voting at any general, special, or primary elections by qualified voters who by reason of the nature of their vocation or business or other causes are unavoidably absent from the polls of their precinct in the county of their residence on the day of election, providing penalties for the violation thereof, and other matters properly connected therewith,” approved March 11, 1921, as amended.

[Approved March 20, 1943]

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 section 2554 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 2.  An elector, as designated in section 1 of this act, who will be or expects to be absent from the precinct in the county of his residence on the day of any general, special, or primary election, or who, by reason of illness or physical disability, is or expects to be confined at home or a hospital, or attached to the armed forces of the United States, may, not more than ninety (90) days nor less than three days prior to the date of such election, make application in person by mail or telegram to the county clerk of the county in which his precinct is situated, for an official absent voter’s ballot to be voted by him at such election.

      Sec. 2.  Section 4 of the above-entitled act, being section 2555 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 4.  Duties of County Clerk-Form of Affidavit.  Upon receipt of such application if the county clerk shall determine that such applicant is entitled to vote at such election, the said clerk shall immediately or as soon thereafter as the official absent voter ballot for the precinct in which the applicant resides has been printed, send to such absent voter by mail, postage prepaid, one such official absent voter ballot, and shall enclose with such ballot an envelope, which envelopes shall bear upon the front thereof the name, official title, and post-office address of such county clerk, and upon the other side a printed affidavit in substantially the following form:

State of Nevada

County of }ss.

      I, .........................................., solemnly swear that I am a resident elector of the ............................... voting district of the................................ precinct in ......................... County, State of Nevada, and entitled to vote in such precinct at the next election; that I expect to be absent from said county of my residence on the day of holding such election and that I will have no opportunity to vote in person on that day.

and entitled to vote in such precinct at the next election; that I expect to be absent from said county of my residence on the day of holding such election and that I will have no opportunity to vote in person on that day.

                                                                                                        ............................................

                                                                                                                    (Name of voter)

      Subscribed and sworn to before me this.........................day of ........................ 19.............., and I hereby certify that this affiant exhibited the enclosed ballots to me unmarked, that he then, in my presence and in the presence of no other person, and in such manner that I could not see his vote, marked such ballot, and enclosed and sealed the same in this envelope. That the affiant was not solicited or advised by me to vote for or against any candidate or measure.

                                                                                                        ............................................

      (Postmaster, notary public, justice of the peace, military or other officer authorized to administer oaths.)

      Sec. 3.  Section 5 of the above-entitled act, being section 2556 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 5.  Certificate of County Clerk-Form of Certificate.  The clerk of the county to which the application is made shall also prepare and have approved a certificate worded as follows, and which certificate shall be sent to the applicant and returned to the clerk in the envelope provided in section 4. Said certificate shall be substantially in the following form:

      This is to certify that ........................................ is a qualified voter at ......................... precinct, ............................... County,.......................................city, State of Nevada, and entitled to vote in the election to be held on ...........................

      (Seal)                                                                      ........................................, County clerk.

      On back of said certificate shall be written the following:

      Date...................................................to...................................................county clerk of.................................County, Nevada.

      This is to certify that on........................................, 19......, appeared before me, for the purpose of marking an absent voter’s ballot; that to the best of my knowledge he complied with the requirements of the law, and did mark and refold the ballot without assistance, and did seal the same in the envelope provided, and mail the same. That I have no knowledge whatever of the marking of the ballot enclosed.

                                                                                                .......................................................

                                                                Postmaster, notary public, justice of the peace or county clerk, or military, or other officer authorized to administer oaths.

      Sec. 4.  Section 6 of the above-entitled act, being section 2557 N. C. L. 1929, is hereby amended so as to read as follows:

Form of affidavit

Certificate of county clerk

Duty of absent voter

Duty of county clerk

List of absent voters to be posted

      Sec. 6.  Such absent voter shall make and subscribe the said affidavit before an officer authorized by law or the military organization to which he may be attached, to administer oaths, and such absent voter shall thereupon, in the presence of such officer and no other person, mark such ballot (but in such manner that such officer cannot see the vote), and such ballot shall thereupon, in the presence of such officer, be folded by such voter so as to conceal the vote, and in the presence of such officer deposited by such voter in said envelope, and the said envelope securely sealed. Said envelope shall be mailed by such absent voter, postage prepaid, unless postage be not required of members of the armed forces of the United States.

      Sec. 5.  Section 7 of the above-entitled act, being section 2558 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 7.  Upon the receipt of the return ballot from the elector, any time up to the closing of the polls on any election day, the county clerk shall, opposite the name of the voter in the book hereinbefore mentioned, write in ink the words “Received................................................sent to.......................................inspector of election.................................precinct................................County, Nevada,” and shall send by registered mail or express if there be time, otherwise by accredited messenger if without additional expense to the county, taking his receipt therefor, the envelope containing the ballot, unopened, to one of the duly appointed inspectors of election where such ballot is to be voted.

      Sec. 6.  Section 8 of the above-entitled act, being section 2559 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 8.  Three days prior to the election in which the ballots are designed to be cast, the county clerk shall make a list of the voters who have applied for ballot in accordance with the provisions of this act, those whose ballots have been returned, and the precincts in which the ballots are to be voted. A true copy of said list shall be posted in a conspicuous place in the county courthouse, and a copy shall also be posted at the polling place of the precinct where the ballots are to be voted. The county clerk shall thereafter keep the lists in his possession corrected up to the closing of the polls; and it shall likewise be the duty of the clerk of election of the precincts where such absent voter’s ballots are to be voted, when and as additional absent voter’s ballots are delivered to him during election day, to write in ink opposite the name of the absent voter on the list in such polling place, the date and hour of receipt, and to initial each of such entries.

      Sec. 7.  Section 15 of the above-entitled act, being section 2566 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 15.  Any person who has been physically and corporeally absent from his or her place of residence in the precinct in which he or she last registered and voted for a period of six (6) months immediately preceding the date on which the election for which the absent voter’s ballot is applied for (excepting, however, state and federal officers and attaches and members of their immediate families, members of the armed forces of the United States and persons mentioned in section 2 of an act entitled “An act regulating the registration of electors for general, special, and primary elections,” approved March 27, 1917, together with persons engaged in interstate transportation by rail, motor, or airplane), shall not be entitled to receive such ballot until and unless said person shall have appeared personally at the office of the county clerk or deputy registrar as provided by law and shall have registered; and all persons, excepting state and federal officers and attaches and members of their immediate families, members of the armed forces of the United States, together with persons engaged in interstate transportation by rail, motor, or airplane, who have voted by absent voter’s ballot at the last preceding general election shall not be entitled to receive an absent voter’s ballot unless registered in person as provided by section 16 of said above-entitled act, approved March 27, 1917. The county clerk is hereby directed to cancel all registration cards of persons, except state and federal officers and attaches and members of their immediate families, members of the armed forces of the United States, together with persons engaged in interstate transportation by rail, motor, or airplane, who voted by absent voter’s ballot, in the manner provided by said section 16 of said act, approved March 27, 1917.

      Sec. 8.  All acts and parts of acts in conflict with provisions of this act are hereby repealed.

      Sec. 9.  This act shall be in full force and effect from and after its passage and approval.

Applicants for absent ballots must be registered

Repeal

In effect

Preamble

Temporary license may be issued

Holder may practice

Holder subject to statutory regulations

Board may revoke license, when

[Assembly Bill No. 141–Mr. McElroy]

Chap. 120–An Act to authorize the state board of medical examiners of Nevada to issue, modify, and revoke temporary licenses to practice medicine, surgery, and obstetrics within particularly designated parts of the state, to make lawful and regulate the practice of medicine, surgery, and obstetrics under such temporary licenses, and other matters relating thereto, and to fix the date of the expiration hereof.

[Approved March 20, 1943]

      Whereas, An emergency now exists in certain sections of the State of Nevada relative to the availability of medical and surgical services, due to the entry of Nevada doctors into the armed forces of the United States, and also the unusual and unforeseen increase in the population of certain sections of the state as a result of war and related activities, and also due to the inability of people, under gasoline rationing, to travel for the purpose of securing medical services; and

      Whereas, It is highly imperative that this emergency be met by suitable temporary legislation; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  Whenever, in the opinion of the board of medical examiners of Nevada, the conditions existing in any particular part of the state make such action advisable, said board is authorized, in its discretion, to grant to any doctor whom they believe to be qualified a temporary license to practice medicine, surgery, or obstetrics in a therein particularly specified part of the State of Nevada for and during the period of time limited as in section 6 hereof provided.

      Sec. 2.  It shall be lawful for the holder of any license issued in accordance with the preceding section of this act to practice medicine, surgery, or obstetrics within the territorial limits specified in said license and during the time limit thereof.

      Sec. 3.  Any person practicing medicine, surgery, or obstetrics under the authority of such temporary license shall be subject to and governed by all the statutory regulations covering the practice of medicine, surgery, or obstetrics in the State of Nevada, and shall be required to pay the same license fees as are so required.

      Sec. 4.  The board of medical examiners of Nevada may revoke any license by them issued under the authority of this act for any conduct which is made statutory grounds for revocation of a medical license under the general laws governing the practice of medicine, surgery, or obstetrics, and in the manner and under the procedure therein provided; and said board may also in like manner revoke any license by it granted under the authority of this act if the holder thereof shall practice, or attempt to practice, medicine, surgery, or obstetrics elsewhere than within the territorial limits specified in said license.

governing the practice of medicine, surgery, or obstetrics, and in the manner and under the procedure therein provided; and said board may also in like manner revoke any license by it granted under the authority of this act if the holder thereof shall practice, or attempt to practice, medicine, surgery, or obstetrics elsewhere than within the territorial limits specified in said license.

      Sec. 5.  The board of medical examiners of Nevada may from time to time, by appropriate order, and in its discretion, restrict, enlarge, or change the territorial limits of any license by it issued under the authority of this act.

      Sec. 6.  Every license issued under the authority of this act shall by its terms be limited to expire, and shall expire, on the 30th day of June 1945.

      Sec. 7.  This act shall be construed as emergency legislation supplementing, but not repealing, the general laws regulating the practice of medicine, surgery, or obstetrics in the State of Nevada.

      Sec. 8.  This act shall be effective from and after its passage and approval, and shall expire by limitation on June 30, 1945.

Additional duties of board

Limitation of license

Declared emergency

In effect

[Assembly Bill No. 154–Churchill County Delegation]

Chap. 121–An Act to amend an act entitled “An act concerning certain officers in the county of Churchill, State of Nevada, fixing the salaries and compensation, and other matters properly relating thereto,” approved March 5, 1937.

[Approved March 20, 1943]

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 is hereby amended to read as follows:

      Section 2.  The sheriff and ex officio license collector shall receive the sum of twenty-seven hundred ($2,700) dollars per annum, and his actual traveling expenses in criminal cases. He shall pay to the county treasurer on or before the fifth day of each and every month all moneys collected by him from licenses and fees, and shall, at the same time, file with the county treasurer an itemized statement, under oath, of all such licenses and fees collected by him during the month next preceding, and also file a duplicate copy thereof with the clerk of the board of county commissioners.

      Sec. 2.  Section 6 of the above-entitled act is hereby amended to read as follows:

Salary of sheriff

Salary of district attorney

Repeal

In effect

      Section 6.  The district attorney shall receive a salary of twenty-four hundred ($2,400) dollars per annum, and shall also be allowed his actual expenses when called from the county seat and in the discharge of the official duties of district attorney.

      Sec. 3.  All acts and parts of acts in conflict with this act are hereby repealed.

      Sec. 4.  This act shall be in full force and effect from and after is passage and approval.

Conveyance of land authorized

Description of land

[Assembly Bill No. 155–Mr. Jepson]

Chap. 122–An Act authorizing the board of commissioners of the Nevada hospital for mental diseases to convey to the department of highways of the State of Nevada all its rights, title, and use of certain state lands situate in Washoe County, now under the jurisdiction of said board of commissioners.

[Approved March 20, 1943]

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

Assembly, do enact as follows:

      Section 1.  The board of commissioners of the Nevada hospital for mental diseases is hereby authorized to convey to the department of highways of said state for the use of said department, all its right, title, and the right to use that certain land belonging to the State of Nevada, now under the jurisdiction of the said board of commissioners, being situate in Washoe County in the NE 1/4 of the NW 1/4 of section 7: T. 19 N., R. 20 E., M. D. B. & M., and being more particularly described by metes and bounds as follows, to wit:

      Beginning at the intersection of the southerly 50-foot Central Pacific Company right-of-way line and the westerly 33-foot existing county road right-of-way line, which point is 50 feet right of and radially at right-angles to railway station 24 + 52.63 P. O. C., said point of beginning further described as bearing S. 82°42′10″ E. a distance of 2,446.26 feet from the northwest corner of section 7, T. 19 N., R. 20 E., M. D. B. & M.; thence S. 0°02′50″ W. along the westerly county road right-of-way line a distance of 650.00 feet to a point; thence N. 89°57′10″ W. a distance of 690.00 feet to a point; thence N. 0°02′50″ E. a distance of 600.29 feet to a point on the southerly Central Pacific Company right-of-way line; thence N. 79°15′40″ E. along said right-of-way line a distance of 102.67 feet to a point on the above-mentioned southerly 50 foot railway right-of-way line, said point being 50 feet south of and radially at right-angles to railway station 18 + 60.02; thence from a tangent which bears N.

point being 50 feet south of and radially at right-angles to railway station 18 + 60.02; thence from a tangent which bears N. 85°29′30″ E. curving to the right along said 50-foot railway right-of-way line with radius of 11,409.20 feet through an angle of 2°57′47,″ a distance of 590.03 feet to the point of beginning; said parcel of land containing an area of 10.03 acres, more or less.

      Sec. 2.  This act shall be in full or force and effect from and after its passage and approval.

In effect

[Assembly Bill No. 156–Mr. Ryan]

Chap. 123–An Act to amend an act entitled “An act authorizing and regulating boxing and wrestling contests for prizes or purses, or where an admission is charged, and limiting such boxing contests to fifteen rounds; to create the Nevada athletic commission, empowered to license and regulate such contests and all participants therein, to prescribe conditions under which such licenses shall be issued and contests held, authorizing the said commission to appoint county inspectors; to prescribe a penalty for violations of this act, and other matters properly relating thereto,” approved March 13, 1941, by adding thereto a new section to be known as section 11 1/2.

[Approved March 20, 1943]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act is hereby amended by adding thereto a new section to be known as section 11 1/2 and reading as follows:

      Section 11 1/2.  Members of the commission, or its inspectors, when authorized by the chairman, shall be entitled to receive necessary traveling expenses in the transaction of the business of the commission, such expenses shall include the actual living expenses, not to exceed six ($6) dollars per day, but the amount allowed for traveling by private conveyance shall not exceed the amount charged by public conveyance; provided, however, that where it appears to the satisfaction of the chairman of board that travel by private conveyance is more economical or where it appears that, owing to train or stage schedule or for other reasons, travel by public conveyance is impractical or in case where a part of the route traveled is not covered by public conveyance, the chairman of board, in his discretion, is authorized to allow for traveling by private conveyance an amount not to exceed seven and one-half cents per mile so traveled; provided, that no authority shall be granted by the chairman of the commission for any travel unless funds are available in the hands of the treasurer of the commission with which to pay the expenses herein provided.

Members may receive per diem and traveling expenses

In effect

authority shall be granted by the chairman of the commission for any travel unless funds are available in the hands of the treasurer of the commission with which to pay the expenses herein provided.

      Sec. 2.  This act shall be in full force and effect immediately upon its passage and approval.

Controller to balance entries

In effect

[Assembly Bill No. 159–Mr. Boak]

Chap. 124–An Act authorizing and directing the state controller to make necessary entries in the records of his office so that the same shall conform to the records in the office of the state treasurer, in the matter of payments made to the state under Boulder canyon project adjustment act.

[Approved March 20, 1943]

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

Assembly, do enact as follows:

      Section 1.  The state controller is hereby authorized and directed to immediately make and cause to be made entries in the records of his office with reference to payments made by United States of America to the State of Nevada under Boulder canyon project adjustment act, so that the entries so made shall conform to the records of the state treasurer with reference to such payments.

      Sec. 2.  This act shall be in full force and effect from and after its passage and approval.

Preamble

[Senate Bill No. 83–Senator Johnson]

Chap. 125–An Act providing for the appropriation for the compensation of certain persons for services rendered to the forty-first session of the Nevada legislature.

[Approved March 20, 1943]

      Whereas, During the present session of the legislature the clergy of the city of Carson, representing the three denominations, have rendered daily religious services to the legislature; and

      Whereas, A reasonable compensation for such services is the sum of six hundred ($600) dollars; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  For the purpose of paying the clergy for religious services rendered to the legislature during the present session, there is hereby set apart from any money now in the general fund not otherwise especially appropriated the sum of six hundred ($600) dollars, which shall constitute an additional legislative fund.

religious services rendered to the legislature during the present session, there is hereby set apart from any money now in the general fund not otherwise especially appropriated the sum of six hundred ($600) dollars, which shall constitute an additional legislative fund.

      Sec. 2.  The state controller is hereby authorized and required to draw his warrants on said fund in favor of the following-named persons, for the respective amounts set opposite their names, as compensation for religious services during the forty-first session of the legislature, to wit: Rev. John L. Harvey, $200; Rev. A. S. Kean, $200; Monsignor H. J. Wientjes, $200; and the state treasurer is hereby authorized and required to pay the same.

      Sec. 3.  This act shall be in full force and effect immediately upon its passage and approval.

Appropriation for Carson clergy

Controller to draw warrants

In effect

[Senate Bill No. 80–Senator Caughman]

Chap. 126–An Act to repeal section 6 of an act entitled “An act to regulate fees and compensation for county and township officers for official and other services in the county of Mineral, State of Nevada, and to repeal an act entitled ‘An act to regulate fees and compensation for official and other services in the county of Mineral, State of Nevada,’ approved March 15, 1915, and all other acts or parts of acts in conflict herewith,” as amended, approved March 26, 1919.

[Approved March 20, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 6 of the above-entitled act, being chapter 94 of the 1919 Statutes of Nevada, is hereby repealed.

      Sec. 2.  This act shall become effective from and after its passage and approval.

Repeal

In effect

[Senate Bill No. 63–Senator Haight]

Chap. 127–An act to amend an act entitled “An act relating to marriage and divorce,” approved November 28, 1861, as amended.

[Approved March 20, 1943]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act, being sections 4050-4069 N. C. L. 1929, is hereby amended by inserting therein a new section to be known as section 4 of the act and section 4052 of the Nevada Compiled Laws, said section having been repealed by the Statutes of 1937, chapter 35, page 72.

Who may perform marriage

Minister to show license

In effect

new section to be known as section 4 of the act and section 4052 of the Nevada Compiled Laws, said section having been repealed by the Statutes of 1937, chapter 35, page 72.

      Section 4.  It shall be lawful for any ordained minister of any religious society or congregation within this state, who has or hereafter may obtain a license for that purpose, as hereinafter provided, or for any justice of the supreme court, or for any judge of the district court, or justice of the peace in his county, to join together as husband and wife all persons not prohibited by this act; provided, that the persons herein authorized to perform said marriage ceremony shall first receive the license previously issued, as hereinafter provided, to the persons wishing to be married. Any minister of the gospel, upon producing to the district court of any county or district within this state, credentials of his being a regularly ordained minister of any religious society or congregation, shall be entitled to receive from said court a license authorizing him to solemnize marriages within this state so long as he shall continue a regular minister in such society or congregation. It shall be the duty of any minister licensed to solemnize marriages as aforesaid to produce to the county clerk in every county in which he shall solemnize any marriage, his license so obtained, and the said clerk shall thereupon enter the name of such minister upon record as a minister of the gospel duly authorized to solemnize marriages within this state, and shall note the court from which such license issued, for which service no charge shall be made by such clerk. The record so made, or the certificate thereof by the said clerk under the seal of his office, shall be good evidence that said minister was duly authorized to solemnize marriages.

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

[Senate Bill No. 75–Committee on Judiciary]

Chap. 128–An Act to amend an act entitled “An act to provide against losses to the state and its respective counties, townships, incorporated cities, and irrigation districts through defalcation, misappropriation of funds, or other wrongful acts on the part of officials; to provide for the issuance of surety bonds for state, county, township, city, and irrigation district officials, establishing a fund therefor, and other matters relating thereto; and to repeal all acts and parts of acts in conflict therewith,” approved March 26, 1937.

[Approved March 20, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 3 of the above-entitled act, being chapter 193 of the 1937 Statutes of Nevada, and being section 4915.23 of the 1931-1941 Supplement to N. C. L. 1929, is hereby amended so as to read as follows:

      Section 3.  Every state, county, and township official, and his or her deputy, and officials of incorporated cities and irrigation districts and their deputies in the State of Nevada, required by law in his or their official capacity to furnish surety bond, or bonds, shall apply to the state board of examiners for surety. Every applicant for a bond, if such applicant be an official of a county, township, incorporated city, or irrigation district, or the deputy of such official, shall present his or her application for bond to the district judge of the judicial district within which the office is held for the approval of such judge, and in the event such district judge approves the application and the granting of such bond, he shall indorse thereon such fact, whereupon it shall be the duty of the state board of examiners to issue such bond pursuant to the application. In the event such district judge does not approve such application, the bond shall be refused by the state board of examiners. All other officers shall present their applications directly to the state board of examiners, and if, upon investigation, the applicant is found to be of good moral character, enjoys a reputation for honesty and integrity, and has never been denied a surety bond for personal reasons, the said board shall issue to him a surety bond patterned according to instruments of this nature and to meet the provisions of this act. This bond shall have full force and effect as a surety and shall serve all purposes of bonds required by statutes from state or county officials of incorporated cities, townships, or irrigation districts in the State of Nevada.

      In the event that any person required to furnish a bond under the provisions of this act shall, for any reason, have his application therefor rejected by the state board of examiners, he shall be notified thereof and he shall have thirty days from the date of said notice to secure and submit a good and sufficient bond, in the sum provided by law, personal, or surety, and said bond, if legally sufficient, shall be accepted and approved by said board.

Bonds, how applied for

District judge to approve certain applications

Procedure in case application is rejected

Duty of district judge

Repeal

In effect

under the provisions of this act shall, for any reason, have his application therefor rejected by the state board of examiners, he shall be notified thereof and he shall have thirty days from the date of said notice to secure and submit a good and sufficient bond, in the sum provided by law, personal, or surety, and said bond, if legally sufficient, shall be accepted and approved by said board.

      It shall be the duty of the district judges to promptly approve, or disapprove, such bond applications as are presented to them under the provisions of this act.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 3.  This act shall be in full force and effect immediately after its passage and approval.

Grand juries, how created

[Senate Bill No. 85–Senator Tognoni]

Chap. 129–An Act to amend an act entitled “An act concerning juries,” approved March 5, 1873, as amended.

[Approved March 20, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 8 of the above-entitled act, being section 8478 of the 1929 N. C. L. is hereby amended so as to read as follows:

      Section 8.  It shall be the duty of 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 four years, to 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) twenty-four persons who shall be summoned to appear as grand jurors at such time as the judge may order; provided, that if the district judge deems proper he may direct any one of the county commissioners of the county and the clerk to select the grand jurors, and such county commissioner and clerk, if the judge so directs, shall select from the said qualified jurors twenty-four persons as grand jurors. If the judge directs the grand jurors to be selected by one of the county commissioners and the clerk, the judge must make and file with the clerk an order designating the name of such county commissioner, and the judge shall in said order fix the time when said grand jurors shall be required to appear; and if from any cause such county commissioner and clerk shall fail to select the grand jurors, the judge and any one of the county commissioners may, at any time, select the same. A list of the names so selected as grand jurors shall be made out and certified by the officers making such selection and 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 judge may have directed; and the sheriff shall summon such grand jurors, and out of the number so summoned the court shall select seventeen persons to constitute the grand jury.

list of the names so selected as grand jurors shall be made out and certified by the officers making such selection and 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 judge may have directed; and the sheriff shall summon such grand jurors, and out of the number so summoned the court shall select seventeen persons to constitute the grand jury. 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, shall be selected from the said qualified jurors by the judge and clerk and summoned to appear in court at such time as the court may direct. Any person named in such venire who resides elsewhere than at the place at which the court is held 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 such person at his usual post-office address. And the receipt of the person so addressed for such registered summons shall be regarded as personal service of such summons upon such person and no mileage shall be allowed for the service of such person. The postage and registry fee shall be paid by the sheriff and allowed him as other claims against the county; provided, that it shall be mandatory to summon such grand jury whenever a verified petition is presented signed by not less than seventy-five resident taxpayers specifically setting forth the fact or facts constituting the necessity of convening such grand jury; provided, also, that it shall be mandatory, within five days, to summon such grand jury after an affidavit or verified petition by any taxpayer accompanied by and with corroborating affidavits of at least two additional persons has been filed with the clerk of the district court, setting forth that there is reason to believe that there has been a misappropriation of public funds or property, by a public officer, past or present, or any fraud committed against the county or state by any officer, past or present, or any violation of trust by any officer, past or present; provided, however, that the statute of limitations has not run against the party offending.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall become effective from and after its passage and approval.

Duties of clerk and sheriff

When summoning of jury mandatory

Repeal

In effect

Purpose of act

Definition of “operating mines”

Number of samples limited

Quantitative analyses not run, when

In effect

[Senate Bill No. 87–Committee on Mines and Mining]

Chap. 130–An Act to amend an act entitled “An act supplemental to an act entitled ‘An act relating the state university and matters properly connected therewith,’ approved February 7, 1887, approved March 16, 1895,” as amended in 1925, adding a new section thereto, and other matters properly relating thereto, approved March 20, 1933, as amended.

[Approved March 20, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 4 of the above-entitled act being section 7757 N. C. L. 1929, as amended by chapter 117 Statutes of 1933, is hereby amended so as to read as follows:

      Section 4.  The main object of this act, as it relates to ore samples, is to aid the prospector in the discovery of new mineral deposits. It shall not apply in the following cases: To operating mines, to engineers sampling mines or prospects for purposes of valuation, and to so-called “control assays” to check other assayers on ore known to be of value.

      The term “operating mines” as used in this section will be taken to mean those properties milling or shipping ore or being worked by hired labor.

      Gold and silver samples requiring assays and exact quantitative determinations are limited to two (2) in any thirty (30) day period and of the so-called strategic or war minerals, such as antimony, arsenic, beryllium, manganese, magnesium, tungsten, molybdenum, quicksilver, zinc, lead, copper, tin, chromium, cadmium or other strategic minerals, for the assaying of which the average assay office is not equipped, there shall be run up to five assays or quantitative determinations for any single person or associated group of persons. Samples sent for ordinary rock and mineral determinations are limited to ten (10) in any thirty (30) day period.

      In order to save the state unnecessary expense, if preliminary examinations by microscope and qualitative tests indicate material of no economic value, exact quantitive analyses are not to be run on such samples, and reports on such material will indicate why such material has no commercial value.

      Sec. 2.  This act shall become effective from and after its passage and approval.

[Senate Bill No. 99–Committee on Public Highways]

Chap. 131–An Act conferring upon the vehicle commissioner authority to determine the size, design, and color of vehicle registration plates; the number thereof to be assigned to vehicles; the material of which such plates may be made; to purchase such material and cause the plates to be manufactured at the state prison or elsewhere, and other matters relating thereto.

[Approved March 20, 1943]

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

Assembly, do enact as follows:

      Section 1.  Notwithstanding any law of this state to the contrary it shall be lawful for the vehicle commissioner, in his discretion, and during such period of time when, as the result of the present war-time emergency, it may be impossible to secure sheet metal to be used in the manufacture of registration plates for vehicles subject to registration under the provisions of the motor vehicle registration law of this state, to determine and vary the size and the shape or form or color thereof, and the number thereof to be assigned to a vehicle, as well as the material of which the same shall be made, and to purchase such material, and cause the same to be manufactured into such registration plates either at the state prison or elsewhere as to him may appear necessary or desirable; provided, however, that said plates shall display the registration number or designation, or a combination thereof, assigned to the vehicle registered and to the owner thereof as the said commissioner may determine, also the name of the state, which may be abbreviated, and the year for which such plate has been issued.

      Sec. 2.  This act is hereby declared an emergency measure and necessary for the purpose of aiding the United States in a successful prosecution of the present war, and shall take effect upon its passage and approval.

Duty of vehicle commissioner

In effect

[Senate Bill No. 71–Committee on Judiciary]

Chap. 132–An Act to amend an act entitled “An act concerning crimes and punishments and repealing certain acts relating thereto,” approved March 17, 1911, as amended.

[Approved March 20, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 359 of the above-entitled act, being section 10307 N. C. L. 1929, is hereby amended to read as follows:

First degree arson defined

Second degree arson defined

Third degree arson defined

Arson, when declared felony

Fourth degree arson defined

      Section 359.  Any person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels, or procures the burning of any dwelling house, whether occupied, unoccupied, or vacant, or any kitchen, shop, barn, stable, or other outhouse that is parcel thereof, or belonging to or adjoining thereto, whether the property of himself or of another, shall be guilty of arson in the first degree, and upon conviction thereof, be sentenced to imprisonment for not less than two nor more than twenty years.

      Sec. 2.  Section 360 of said act, being section 10308 N. C. L. 1929, is hereby amended to read as follows:

      Section 360.  Any person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels, or procures the burning of any building or structure of whatsoever class or character, whether the property of himself or of another, not included or described in the preceding section, shall be guilty of arson in the second degree, and upon conviction thereon, be sentenced to imprisonment for not less than one nor more than ten years.

      Sec. 3.  Section 360 1/2 of said act, being section 10309 N. C. L. 1929, is hereby amended to read as follows:

      Section 360 1/2.  Any person who willfully and maliciously sets fire to or burns, or causes to be burned, or who aids, counsels or procures, the burning of any person property, of whatsoever class or character (such property being of the value of twenty-five dollars or more and the property of another person), shall be guilty of arson in the third degree and, upon conviction thereof, be sentenced to imprisonment for not less than one nor more than three years.

      Sec. 4.  Section 361 of said act, being section 10310 N. C. L. 1929, is hereby amended to read as follows:

      Section 361.  Any person who willfully and with intent to injure or defraud the insurer sets fire to or burns or attempts so to do, or who causes to be burned or who aids, counsels or procures the burning of any building, structure, or personal property, of whatsoever class or character, whether the property of himself or of another, which shall at the time be insured by any person, company, or corporation against loss or damage by fire, shall be guilty of a felony and, upon conviction thereof, be sentenced to imprisonment for not less than one nor more than five years.

      Sec. 5.  Section 361 1/2 of said act, being section 10311 N. C. L. 1929, is hereby amended to read as follows:

      Section 361 1/2.  (a) Any person who willfully and maliciously attempts to set fire to or attempts to burn or to aid, counsel, or procure the burning of any of the buildings or property mentioned in the foregoing sections, or who commits any act preliminary thereto, or in furtherance thereof, shall be guilty of arson in the fourth degree and, upon conviction thereof, be sentenced to imprisonment for not more than one-half of the longest term prescribed upon a conviction for the commission of the offense attempted.

property mentioned in the foregoing sections, or who commits any act preliminary thereto, or in furtherance thereof, shall be guilty of arson in the fourth degree and, upon conviction thereof, be sentenced to imprisonment for not more than one-half of the longest term prescribed upon a conviction for the commission of the offense attempted.

      (b) In any prosecution under this section the placing or distributing of any inflammable, explosive, or combustible material or substance, or any device in any building or property mentioned in the foregoing sections, in an arrangement or preparation to eventually set fire to or burn same, or to procure the setting fire to or burning of same, shall be prima-facie evidence of willful attempt to burn or set on fire such property.

      Sec. 6.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 7.  This act shall be in full force and effect from and after its passage and approval.

Willful attempt defined

Repeal

In effect

[Senate Bill No. 111–Senator Andreasen]

Chap. 133–An Act relieving the county treasurer of Storey County, Nevada, of certain liability in connection with money on deposit in certain closed banks; authorizing and directing the county treasurer and county auditor of Storey County, Nevada, to perform certain acts in relation thereto, and other matters properly connected therewith.

[Approved March 20, 1943]

      Whereas, On November 1, 1932, the Virginia City Bank, together with other banks doing business in the State of Nevada, failed to open for business; and

      Whereas, The county treasurer of Storey County had on deposit in said bank funds belonging to the county of Storey in the sum of $41,312.08; and

      Whereas, Receivers were appointed for said closed banks who liquidated the assets of said banks and have paid depositors certain dividends in partial satisfaction of their deposits; and

      Whereas, The county treasurer of Storey County has received the sum of $17,598.94 from the receiver of the Virginia City Bank and the bondsmen of said treasurer, out of a total deposit of $41,312.08 in said bank; and

      Whereas, The county treasurer of Storey County is charged upon the books of the county auditor of Storey County with the sum of $23,713.14, which represents the loss suffered by Storey County as a result of the closing of said banks; now, therefore,

Preamble

Explanation of act

Treasurer relieved of responsibility

Duty of auditor

In effect

suffered by Storey County as a result of the closing of said banks; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  On November 1, 1932, the treasurer of Storey County, in the performance of his duties and in his official capacity, had on deposit funds belonging to said Storey County in the sum of $41,312.08 in the Virginia City Bank; that said bank was closed and its assets liquidated; that the treasurer of Storey County has recovered the sum of $17,598.94; that the county of Storey County sustained a loss of $23,713.14 by reason of the closing of said bank.

      Sec. 2.  The treasurer of Storey County is hereby relieved of all responsibility in connection with the loss suffered by Storey County by reason of the closing of said bank; and is hereby authorized and directed to make all proper entries in the books and records of his office to cancel and charge said loss of $23,713.14 from his accounts.

      Sec. 3.  The auditor of Storey County is hereby authorized and directed to make all proper entries in the books and records of his office to credit the treasurer with said loss of $23,713.14.

      Sec. 4.  This act shall become effective from and after its passage and approval.

State engineer may designate chief clerk; appropriation

[Senate Bill No. 102–Committee on Ways and Means]

Chap. 134–An Act to authorize and permit the state engineer of the State of Nevada to designate one of his present employees as chief clerk, and making an appropriation therefor.

[Approved March 20, 1943]

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

Assembly, do enact as follows:

      Section 1.  The state engineer of the State of Nevada is hereby authorized to designate one of his present employees as chief clerk at a salary beginning on the first day of April 1943 of twenty-four hundred ($2,400) dollars per annum, payable in twelve monthly installments. For the above purpose there is hereby appropriated out of any funds not otherwise appropriated the sum of one hundred and fifty ($150) dollars for the remainder of the biennium beginning July 1, 1941, and ending on June 30, 1943; and there is also appropriated for the purpose of this act out of any funds in the state treasury not otherwise appropriated the sum of twelve hundred ($1,200) dollars for the biennium beginning July 1, 1943, and ending June 30, 1945.

hundred ($1,200) dollars for the biennium beginning July 1, 1943, and ending June 30, 1945.

      Sec. 2.  It is the intent of this act that the salary herein provided for shall be in full and complete compensation for the services to be performed by the chief clerk, and the same shall not be increased by reason of any so-called “flat salary increase” act unless said chief clerk is specifically named therein.

      Sec. 3.  This act shall be effective immediately upon its passage and approval.

Intent of act

In effect

[Assembly Bill No. 76–Mr. Kelly]

Chap. 135–An Act to provide additional compensation for certain state appointive officers and for the employees of certain state elective and appointive officers.

[Approved March 22, 1943]

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

Assembly, do enact as follows:

      Section 1.  From and after the passage and approval of this act the deputy secretary of state, the corporation clerk, and the chief clerk, in the office of the secretary of state, the chief clerk in the motor vehicle department, the deputy state treasurer, the deputy surveyor general, the deputy state controller, the insurance examiner in the state controller’s office, the chief clerk in the state controller’s office, the deputy superintendents of public instruction, and the office deputy for the superintendent of public instruction, the employees of the state printing office, the deputy mining inspectors, the clerk in the office of the state inspector of mines, the deputy bank examiner, the chief clerk in the bank examiner’s department, the state librarian, the official reporter of the supreme court, and the chief clerk-stenographer in the office of the attorney-general, shall, in addition to the salary now fixed for each said employee, receive additional compensation at the rate of twelve (12%) percent of said salary, which said additional compensation at said rate shall be included in and paid by the salary warrants issued to said appointive officers and the employees of elective and appointive officers herein named.

      Sec. 2.  This act shall take effect immediately upon its passage and approval, and there is hereby appropriate out of the funds in the state treasury not otherwise appropriated in the sum of forty-five hundred ($4,500) dollars to pay said additional compensation to July 1, 1943.

      Sec. 3.  This act shall expire June 30, 1945.

Certain employees to be paid 12% additional

Appropriation of necessary funds

Expiration date

Creation of Nevada industrial commission

Industrial commission board may remove any commissioner

[Senate Bill No. 86–Committee on Labor]

Chap. 136–An Act to amend an act entitled “An act relating to the compensation of injured workmen in the industries of this state and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act,” approved March 15, 1913, as amended.

[Approved March 23, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 8 of the above-entitled act, being section 2689 N. C. L. 1929, as amended, is hereby amended so as to read as follows:

      Section 8.  (a) The administration of this act is hereby imposed upon a commission to be known as the “Nevada Industrial Commission,” and said commission, to consist of three commissioners, is hereby created; two of the said commissioners shall be appointed by the governor, and when so appointed the governor shall designate one of said appointees to be chairman of the commission, and the second appointee, other than the chairman, shall be designated by the governor to act as ex officio labor commissioner. The third commissioner shall be appointed by an industrial commission board, which is hereby created, said board to consist of the governor, attorney - general, and inspector of mines; not more than two of the commission shall be members of the same political party at the date of any appointment. Vacancies shall be filled in the same manner for unexpired terms. Each commissioner shall hold office for the term of four years from and after the date of his appointment and until his successor shall be appointed and shall have qualified. A decision on any question arising under the act concurred in by two of the commissioners shall be the decision of the commission.

      (b) The industrial commission board may remove any commissioner for inefficiency, neglect of duty, or misconduct in office, giving him a copy of the charges against him and an opportunity of being publicly heard in person or by counsel in his own defense, upon not less than ten days’ notice. If such commissioner shall be removed, the industrial commission board shall file in the office of the secretary of state a complete statement of all charges made against such commissioner, and the findings thereon, together with a complete record of the proceedings.

such commissioner, and the findings thereon, together with a complete record of the proceedings.

      (c) As compensation for their services, the chairman of the commission and the member of the commissioner herein designated as the second appointee and ex officio labor commissioner shall each receive the sum of ten ($10) dollars per day for all days in which they are actually engaged in the business of the commission, which in no case shall exceed one hundred and fifty ($150) dollars per month. The member of the commission herein designated as the third commissioner shall receive for his services the sum of two hundred and fifty ($250) dollars per month. The chairman shall also serve as executive officer of the commission, in charge of the office and affairs of the commission, and shall be entitled to additional compensation for such service, which shall be fixed by the industrial commission board and approved by the governor. The executive officer of the commission shall not be financially interested in any business interfering or inconsistent with his duties. A member of the commission, or an employee of the commission, shall not serve on any committee of any political party.

      Sec. 2.  Section 22 of the above-entitled act, being section 2703 N. C. L. 1929, as amended, is hereby amended so as to read as follows:

      Section 22.  (a) Whenever an establishment or work is dangerous in comparison with other like establishments or works, the Nevada industrial commission may advance its classification of risk and premium rates in proportion to the hazard. Such advancement of classification of risks and premium rates may be made without previous notice.

      (b) The Nevada industrial commission shall have the power in its discretion to lower the premium rate of or declare a rebate to any establishment or plant which has contributed to the state insurance fund for one year or more, if and as experience shall show it to maintain such a high standard of safety or accident prevention as to differentiate it from other like establishments or plants; provided, that such reduction of premium rate or rebate of premium contribution shall not exceed ten (10%) percent where the accident experience of such establishment or plant for a period of twelve months is less than sixty (60%) percent of the average experience for the same period of like establishments or plants of its classification, nor fifteen (15%) percent where the accident experience of such establishment or plant for two consecutive periods of twelve months is less than sixty (60%) percent of the average experience for the same period of like establishments or plants of its classification.

      Sec. 3.  Section 23 of the above-entitled act, being section 2704 N. C. L. 1929,

Compensation of commission members

Premiums may be advanced

Commission may lower rates

Rights of injured employees

Fund, how provided

Fees and charges to be regulated

Authority of commission

Funds to be separate

Duties of employers

Employers may provide accident benefits

2704 N. C. L. 1929, as amended, is hereby amended so as to read as follows:

      Section 23.  (a) Every injured employee within the provisions of this act shall be entitled to receive promptly such accident benefits as may reasonably be required at the time of the injury and within six months thereafter, which may be further extended by the commission for an additional period of one year.

      (b) For the purpose of providing a fund to take care of said accident benefits as in this act provided, the commission is authorized and directed to collect a premium upon the total pay roll of every employer within the provisions of this act, except as otherwise herein provided, in such a percentage as the commission shall by order fix; every employer paying such premium shall be relieved from furnishing accident benefits, and the same shall be provided by the commission. Every employer paying such premium for accident benefits may collect one half thereof, not to exceed one dollar ($1) per month, from each employee, and may deduct the same from the wages of such employee.

      (c) All fees and charges for such accident benefits shall be subject to regulation by the commission and shall not be in excess of such fees and charges as prevail in the same community for similar treatment of injured persons of like standard of living.

      The commission shall have the authority to adopt such reasonable rules and regulations as may be necessary to carry out the provisions of this section.

      The state insurance fund provided for in this act shall not be liable for any accident benefits provided by this section, but the fund provided for accident benefits shall be a separate and distinct fund, and shall, on the commission records, be so kept.

      (d) It shall be the duty of every employer accepting the provisions of this act, immediately upon the occurrence of an injury to any of his employees, to render to such employee all necessary first aid, including cost of transportation of the injured employee to the nearest place of proper treatment where the injury is such as to make it reasonably necessary for such transportation; such employer shall forthwith notify the commission of such accident, giving the name of the injured employee, the nature of the accident and where and by whom the injured employee is being treated, and the date of the accident.

      (e) Every such employer operating under this act, alone or together with other employers, may make arrangements for the purpose of providing accident benefits as defined in this act for injured employees, and such employer may collect one half of the cost of such accident benefits from their collective employees, not to exceed one dollar ($1) per month from any one employee, and may deduct the same from the wages of each employee.

collective employees, not to exceed one dollar ($1) per month from any one employee, and may deduct the same from the wages of each employee. Employers electing to make such arrangements for providing accident benefits shall notify the commission of such election and render a detailed statement of the arrangements made, which said arrangements shall not become effective until approved by the commission. Every employer who maintains a hospital of any kind for his employees, or who contracts with a physician for the hospital care of injured employees, shall on or before the thirtieth day of January of each year, make a written report to the commission for the preceding year, which report shall contain a statement showing:

      (1) Total amount of hospital fees collected, showing separately the amount contributed by the employees and the amount contributed by the employers.

      (2) An itemized account of the expenditures, investments, or other disposition of such fees; and

      (3) A statement showing what balance, if any, remains. Such reports shall be verified by the employer, if an individual; by a member, if a partnership; by the secretary, president, general manager, or other executive officer, if a corporation; by the physician, if contracted to a physician.

      Every employer who fails to so notify said commission of such election and arrangements, or who fails to render the financial report required herein, shall be liable for accident benefits as heretofore provided by subdivision (b) of this section.

      (f) If it be shown or the commission finds that the employer is furnishing the requirements of accident benefits in such a manner that there are reasonable grounds for believing that the health, life, or recovery of the employee is being endangered or impaired thereby, the commission may, upon application of such employee, or upon its own motion, order a change of physicians or of any other accident benefit requirements, and if the employer fails to promptly comply with such order, the injured employee may elect to have accident benefits provided by or through the commission, in which event the cause of action of said injured employee against the employer or hospital association shall be assigned to the commission for the benefit of the accident benefit fund, and the commission shall furnish to said injured employee the accident benefits provided for in this act.

      (g) If on a claim for compensation by an injured employee any medical question or the extent of disability of an injured employee shall be in controversy, the commission shall refer the case to the medical board, herein created. Said medical board, shall, upon such reference, notify the injured employee of the time and place set for examination and investigation into such medical question or determination of the extent of disability.

Employers to make annual written reports

Commission may intervene, when

Medical board created, duties

State medical association to name board

Compensation of board members

Compensation of employees or dependents

Death benefits specified

into such medical question or determination of the extent of disability. At the time set, said medical board shall make a full, complete, and thorough examination of the injured employee, who may have a physician of his own choosing in attendance, and forthwith, in a joint report, if all of said board members are in agreement, submit their findings, conclusions, and recommendations to the commission; provided, however, that should such medical board not be in agreement as to the findings, conclusions, and recommendations then, in that event, the members thereof shall submit separate and individual reports to the commission.

      The chairman of the commission shall, annually, request the Nevada state medical association to select and establish a list of three (3) licensed physicians in good professional standing, which physicians, when so chosen, shall be and constitute a medical board for the purposes herein mentioned. The jurisdiction of said medical board shall be limited solely to the consideration and determination of medical questions and the extent of disability of injured employees referred by the commission. The findings of said medical board or a majority thereof shall be final and binding on the commission.

      Each of the members of said medical board shall receive, as compensation for his services, a sum not to exceed twenty-five dollars ($25) per day when actually engaged upon the investigation and determination of such referred cases. Each member of said medical board shall be entitled to reasonable and necessary traveling expenses incurred while actually engaged in the performance of his duties.

      Sec. 4.  Section 25a and section 25b of the above-entitled act, being section 2706 N. C. L. 1929, as amended, are hereby amended so as to read as follows:

      Section 25a.  Death Benefits.  Every employee in the employ of an employer within the provisions of this act, who shall be injured by accident arising out of and in the course of employment, or his dependents as hereinafter defined, shall be entitled to receive the following compensation:

      If the injury causes death, the compensation shall be known as a death benefit and shall be payable in the amount and to and for the benefit of the persons following:

      1.  Burial expenses, not to exceed one hundred and seventy-five ($175) dollars, in addition to the compensation payable under this act.

      2.  To the widow, if there is no child, thirty-three and one-third per centum of the average wage of deceased. This compensation shall be paid until her death or remarriage, with two years’ compensation in one sum upon remarriage.

      3.  To the widower, if there is no child, thirty-three and one-third per centum of the average wage of the deceased, 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.

      4.  To the widow or widower, if there is a child or children, the compensation payable under clause one (1) or clause two (2), and in addition the additional amount of fifteen per centum of such wage for each such child until the age of eighteen years. In case of the subsequent death of such 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 said surviving wife (or dependent husband), and the same shall be payable until he shall reach the age of eighteen years; provided, that the total amount payable shall in no case exceed seventy percent of such wage. If the children have a guardian other than the surviving widow or widower, the compensation on account of such children may be paid to such guardian. The compensation payable on account of any child shall cease when he dies, marries, or reaches the age of eighteen years, or if over eighteen years and incapable of self-support, becomes capable of self-support.

      5.  If there be a surviving child or children of the deceased under the age of eighteen years, but no surviving wife (or dependent husband) then for the support of each child until the age of eighteen years, thirty per centum of the wages of the deceased; provided, that the aggregate shall in no case exceed seventy per centum of such wages.

      6.  If there be no surviving wife (or dependent husband) or child under the age of eighteen years, there shall be paid to a parent, if wholly dependent of support upon the deceased employee at the time of his death, twenty-five per centum of the average monthly wage of the deceased during dependency, with an added allowance of ten per centum if two dependent parents survive; to the brothers or sisters, under the age of eighteen years, if one is wholly dependent upon the deceased employee for support at the time of injury causing death, twenty per centum of the average monthly wage for the support of such brother or sister, until the age of eighteen years. If more than one brother or sister is wholly dependent, thirty per centum of the average monthly wage at the time of injury causing death, divided among such dependents share and share alike. If there in no one of them wholly dependent, but one or more partly dependent, ten per centum divided among such dependents share and share alike.

Death benefits specified

Death benefits specified

Total disability benefits specified

      7.  In all other cases, questions of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury. 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 employee to such partial dependents bears to the average wage of deceased at the time of the injury resulting in his death. The duration of such compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case exceed compensation for one hundred months.

      8.  Compensation to the widow or widower shall be for the use and benefit of such widow or widower, and of the dependent children, and the commission may, from time to time, apportion such compensation between them in such way as it deems best for the interest of all beneficiaries.

      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 sixty (60%) percent of the amount or amounts above specified.

      9.  Any excess of wages over one hundred and twenty ($120) dollars a month shall not be taken into account in computing compensation for death benefits.

      10.  In such cases where compensation is awarded to the widow, dependent children, or persons wholly dependent, no lump-sum settlements shall be allowed.

      11.  In case of the death of any dependent specified in the foregoing enumeration before the expiration of the time named in the award, funeral expenses not to exceed one hundred and seventy-five ($175) dollars shall be paid.

      Section 25b.  Total Disability.  1.  Temporary total disability: For temporary total disability, if there be no one residing in the United States totally dependent upon the workman at the time of the injury, compensation of sixty-six and two thirds (66 2/3%) percent of the average monthly wage, but not more than eighty ($80) dollars nor less than thirty ($30) dollars per month, but not exceeding one hundred months, during the period of such disability, total amount not to exceed eight thousand ($8,000) dollars; if there be persons residing in the United States totally dependent for support upon the workman, compensation as provided herein with an additional allowance of ten ($10) dollars per month for such dependents during the period of such disability.

      2.  Permanent Total Disability.  In cases of total disability adjudged to be permanent, compensation of sixty (60%) percent of the average monthly wage, but not less than thirty ($30) dollars per month nor more than sixty ($60) dollars per month during the life of the injured person; provided, in cases of permanent total disability, if the character of injury is such as to render the workman so physically helpless as to require the service of a constant attendant, an additional allowance of thirty ($30) dollars 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 section 23 of this act.

adjudged to be permanent, compensation of sixty (60%) percent of the average monthly wage, but not less than thirty ($30) dollars per month nor more than sixty ($60) dollars per month during the life of the injured person; provided, in cases of permanent total disability, if the character of injury is such as to render the workman so physically helpless as to require the service of a constant attendant, an additional allowance of thirty ($30) dollars 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 section 23 of this act.

      In cases of the following specified injuries, in the absence of proof to the contrary, the disability caused thereby shall be deemed total and permanent:

      1.  The total and permanent loss of sight of both eyes.

      2.  The loss by separation of both legs at or above the knee.

      3.  The loss by separation of both arms at or above the elbow.

      4.  An injury to the spine resulting in permanent and complete paralysis of both legs or both arms, or one leg and one arm.

      5.  An injury to the skull resulting in incurable imbecility, or insanity.

      6.  The loss by separation of one arm at or above the elbow, and one leg by separation at or above the knee may be deemed a permanent total disability.

      The above enumeration is not taken as exclusive; and in all other cases, permanent total disability shall be determined in accordance with the facts.

      Sec. 5.  Section 33 of the above-entitled act, being section 2714 N. C. L. 1929, as amended, is hereby amended so as to read as follows:

      Section 33.  (a) Every employer accepting the provisions of this act, and every physician and surgeon who attends an injured employee within the provisions of this act, is hereby required to file with the commission, under such rules and regulations as the commission may from time to time make, a full and complete report of every known injury to an employee arising out of and in the course of his employment and resulting in loss of life or injury to such person. Such report shall be furnished to the commission in such form and in such detail as the commission may from time to time prescribe, and shall make special answers to all questions required by the commission under its rules and regulations. It shall be unlawful for any person, firm, or corporation, agent, or officer of any firm or corporation, or any attending physician or surgeon to fail or refuse to comply with any of the provisions of this section; and any person, firm, or corporation, agent or officer of any firm or corporation, or physician or surgeon, who fails or refuses to comply with the provisions of this section shall be guilty of a misdemeanor for each and every offense, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200).

Permanent total disability

Permanent total disability specified

Employer to report injury

Physician may testify

Injured employee to report to employer

Action of commission when accident not reported

the provisions of this section; and any person, firm, or corporation, agent or officer of any firm or corporation, or physician or surgeon, who fails or refuses to comply with the provisions of this section shall be guilty of a misdemeanor for each and every offense, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200).

      (b) Any physician, having attended an employee within the provisions of this act, in a professional capacity, may be required to testify before the commission when it shall so direct. Information gained by the attending physician or surgeon, while in attendance on the injured employee, shall not be considered a privileged communication, if required by the commission for a proper understanding of the case and a determination of the rights involved.

      (c) Whenever any accident occurs to any employee, it shall be the duty of the employee to forthwith report such accident and the injury resulting therefrom to the employer; provided, that whether knowledge of the same comes to the attention of the employer by such report or otherwise, the employer may at once designate and authorize in writing a physician who shall be permitted by the employee or any person or persons in charge of said employee, to make one examination of said injured employee in order to ascertain the character and extent of the injury and to render such medical attention as may be immediately required. Thereupon, it shall be the duty of said physician so designated to forthwith report to the employer and to the commission the character and extent of said injury; provided, however, that further medical attention except as otherwise provided in subdivision (d) of section 23, shall be subject to authorization of, and approval by, the commission.

      (d) If the happening of the said accident, or the infliction of said injury to said employee, shall not have been reported by said employee or his said physician forthwith, as above described, and immediately after the happening of said accident and injury, or if the said injured employee or those in charge of him (the injured employee being a party to the refusal) shall refuse to permit the physician so designated to make such examination and to render such medical attention as may be immediately required, no compensation shall be paid for the injury so claimed to result from said accident; but it shall be within the discretion of the commission to relieve said injured person or his dependents from such loss or forfeiture of compensation if the said commission shall be of the opinion, after investigation, that the circumstances attending the failure on the part of the employee, or of his physician, to report said accident and injury are such as to have excused the said employee and his physician for such failure to so report, and that such relieving of the employee or his dependents from the consequences of such failure to report will not result in an unwarrantable charge against the state insurance fund or the accident benefit fund.

have excused the said employee and his physician for such failure to so report, and that such relieving of the employee or his dependents from the consequences of such failure to report will not result in an unwarrantable charge against the state insurance fund or the accident benefit fund.

      Sec. 6.  All acts and parts of acts, in conflict with the provisions of this act, are hereby repealed.

      Sec. 7.  This act shall take effect upon its passage and approval.

Repeal

In effect

[Senate Bill No. 6–Senator Farndale]

Chap. 137–An Act creating state and local councils of defense; providing a director for the state council of defense; defining their powers and duties and other matters related thereto; making an appropriation therefor, and repealing acts in conflict herewith.

[Approved March 23, 1943]

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

Assembly, do enact as follows:

      Section 1.  The state council of defense of the State of Nevada is hereby created. Said state council of defense shall include a director and not less than fifteen (15) nor more than twenty-five (25) members to be appointed by the governor and to hold office subject to his pleasure. The governor shall serve as chairman of the council. The present state council of defense of Nevada is hereby continued in existence subject to the power of the governor to remove any member thereof and to appoint any additional members. Said members of the state council of defense, shall serve without pay. Their actual and necessary traveling expenses may be paid, when upon the performance of duties assigned to them by the state council, its executive committee, or director, from any funds available from contributions or otherwise.

      Sec. 2.  The state council of defense shall have the power to adopt bylaws, rules and regulations for its government and for the convenient transaction of its business and to change, alter, and amend such bylaws from time to time, and the state council of defense may appoint an executive committee from its members, which committee shall have all the powers of the state council of defense. The state council of defense, or its executive committee, shall meet at least twice a year and at such other times as the chairman shall direct. The state council of defense shall have the power to organize county and community councils of defense and prescribe their powers and duties. The present county and community councils of defense are hereby continued in existence subject to the power of the state council of defense to remove any member thereof and to appoint any additional members.

Council of defense created

Powers and duties

Director chief executive

Cooperate with federal departments

Ascertain amount of necessities available

Institute precautionary measures

Prescribe air-raid control, etc.

councils of defense are hereby continued in existence subject to the power of the state council of defense to remove any member thereof and to appoint any additional members. Such county and community councils of defense shall be under the control and supervision of the state director.

      Sec. 3.  The state director shall be the chief executive officer of the state council of defense and he shall have the following powers, functions and duties:

      (a) To cooperate with any and all federal departments, agencies and independent establishments and the officers and employees thereof charged with responsibilities relating to the war effort or the defense of the nation; the officers and agencies of other states in matters pertaining to the war and the common defense of the state and nation; the political subdivisions and local defense councils and agencies of this state; and private agencies engaged in activities essential to civilian defense.

      (b) To ascertain the amount of food and other necessities of life or defense within this state, the amount of land and labor available for the production and processing of food and clothing, the means of obtaining without the state food, clothing, and other necessities of life and the distribution of the same; to make such other surveys of the industries, resources, and facilities of the state as are necessary to carry out the purposes of this act.

      (c) To carry out throughout the state or in any area thereof precautionary measures against air raids and other forms of attack, including practice blackouts, blackouts radio silences, and such other measures as will suppress any activity which may assist an enemy; and such other precautionary measures as will prevent or minimize the loss the life or injury to persons and property which might result from such attacks.

      (d) To prescribe uniform air-raid signals, designate places for use as air-raid shelters and the equipment and use thereof, provide for the evacuation of persons and for the control of vehicular and pedestrian traffic, congregation of persons in busy public places or buildings, and lighting and noises of all kinds.

      (e) To prescribe and direct activities to the extent that voluntary civilian participation is related to the war effort.

      (f) To provide for the recruitment, qualifications, training, powers, and duties of all persons engaged in civilian defense activities.

      (g) To require and direct the cooperation and assistance of state and local governmental agencies and officials.

      (h) To provide for the issuance of permits to all persons and organizations soliciting war relief contributions within the state, and it shall be a misdemeanor for any person or organization to solicit such funds without first obtaining the permit mentioned above.

the state, and it shall be a misdemeanor for any person or organization to solicit such funds without first obtaining the permit mentioned above.

      (i) To do all acts and things, not inconsistent with law, for the furtherance of the civilian defense of the state.

      Sec. 4.  The state director may employ one chief stenographer at a salary of eighteen hundred dollars ($1,800) per annum, which salary shall be payable in semimonthly installments out of the state treasury of Nevada as other salaries are paid. The state director may employ such additional clerical and stenographic assistants and may make such expenditures in accordance with the general salary law of the State of Nevada and within the limits of the appropriation therefor or funds made available to him as are necessary to carry out the purposes of this act.

      Sec. 5.  The county and community councils of defense may appoint and remove or provide for the appointment and removal of air-raid wardens, auxiliary fire and police personnel and such other civilian defense workers as may be found necessary for conducting the activities within their respective areas. The county and community councils of defense shall cooperate with and assist the state council of defense and shall perform such services as may be requested and such duties as may be conferred upon them by the director.

      Sec. 6.  In carrying out civilian defense activities each political subdivision of the state is hereby authorized and directed to assist the state council of defense and the county and community councils of defense. In order to achieve the most effective use of the services and equipment of all political subdivisions of the state, throughout the state, each political subdivision is hereby authorized and empowered to negotiate reciprocal aid agreements with other political subdivisions of the state with respect to the furnishing of services, equipment, supplies, and facilities for the purpose of rendering aid in cases of disaster, including any occasioned by air raid or other form of enemy attack.

      Sec. 7.  In order to attain uniformity so far as practicable throughout the country in measures taken to aid the prosecution of the war and civilian defense, all action taken under this act, and all orders, rules, and regulations made pursuant thereto, shall be taken or made with due consideration to the orders, rules, regulations, recommendations, and requests of federal authorities relevant thereto and, to the extent permitted by law, shall be consistent with such orders, rules, regulations, recommendations, and requests.

      Sec. 8.  Anything in this act to the contrary notwithstanding, no action shall be taken under this act, and no order, rule or regulation shall be made under this act which is inconsistent with any relevant order, rule, or regulation of the armed forces of the United States.

Issuance of permits

May employ stenographer

Duties of county councils

State to collaborate

Consistency with federal authorities

Rule or regulation of U.S. paramount

State not responsible

Workers not responsible

Appropriation for administration

Provisions declared severable

Title of act

In effect

Repeal

order, rule or regulation shall be made under this act which is inconsistent with any relevant order, rule, or regulation of the armed forces of the United States.

      Sec. 9.  (a) Neither the state nor any political subdivision of the state, nor the agents or representatives of the state or any political subdivision thereof, shall be liable for personal injury or property damage sustained by any person appointed or acting as a civilian defense worker, or member of any agency engaged in civilian defense activity. The foregoing shall not affect the right of any person to receive benefits or compensation to which he might otherwise by entitled under the Nevada industrial insurance act or any pension law or any act of Congress of the United States.

      (b) Neither the state nor any political subdivision of the state nor, except in cases of gross negligence or willful misconduct, the agents or representatives of the state or any political subdivision thereof, or any civilian defense worker or member of any agency engaged in any civilian defense activity, complying with or attempting to comply with this act, or any order, rule, or regulation promulgated pursuant to the provisions of this act, or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of the state, shall be liable for the death of or injury to persons, or for damage to property, as a result of any such activity.

      Sec. 10.  For the purpose of carrying out the administrative provisions of this act there is hereby appropriated, out of the moneys in the state treasury not otherwise appropriated, the sum of fifteen thousand dollars ($15,000) to be paid out on the approval of the state director and allowed and paid as other claims against the State of Nevada.

      Sec. 11.  If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 12.  This act may be cited as the “Civilian Defense Act of 1943.”

      Sec. 13.  This act is an emergency measure and shall be effective immediately upon its passage and approval.

      Sec. 14.  An act entitled “An act creating the state council of defense, defining its powers and duties and other matters relating thereto, and making an appropriation therefor,” approved March 28, 1919, and all other acts and parts of acts in conflict herewith, are hereby repealed.

[Assembly Bill No. 43–Committee on Livestock]

Chap. 138–An Act making an appropriation for the control of rodents and predatory animals, in cooperation with the federal government, prescribing the duties of the state board of stock commissioners in connection therewith, and other matters relating thereto.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, the sum of thirty thousand ($30,000) dollars, or so much thereof as may be necessary, to be expended through the state board of stock commissioners in cooperation with the fish and wildlife service, United States department of the interior, during the biennium ending June 30, 1945, for the control of rodents, predatory animals, or other animal pest injurious to livestock, agricultural crops, or the public health within the State of Nevada. The net proceeds of any sales or refunds accruing to the State of Nevada under the provisions of this act shall be forwarded by the state board of stock commissioners to the state treasurer in the manner provided by law.

      Sec. 2.  It shall be the duty of said board to enter into a definite agreement or agreements with the fish and wildlife service, United States department of the interior, prescribing the manner, terms, and conditions of such cooperation, and the amounts which the state and federal government will respectively contribute thereto, for each fiscal year, and said board in its work under the provisions of this act shall be governed by said agreement or agreements; provided, that nothing in this act shall of itself affect or void any agreement already entered into between the state board of stock commissioners and the bureau of biological survey, United States department of agriculture, under the provisions of chapter 148, Statutes of Nevada 1937.

      Sec. 3.  All claims against the appropriation provided for by this act shall be submitted for verification and approval as to correctness by the duly authorized agent of the fish and wildlife service, audited by the state board of stock commissioners and, if approved, awarded to the state board of examiners for their audit, approval, and payment in the manner provided by law.

      Sec. 4.  This act shall become effective from and after passage and approval, insofar as the negotiation and signing of the agreement or agreements provided for and other matters of organization are concerned;

Appropriation $30,000

Board to cooperate with department of interior

Claims, how disposed of

In effect

matters of organization are concerned; provided, that no expenditures from the appropriation herein provided shall be made until on or after July 1, 1943.

Justice’s clerk, powers and duties

In effect

[Assembly Bill No. 42–Washoe County Delegation]

Chap. 139–An Act to amend an act entitled “An act authorizing clerks for justice courts in townships having fifteen thousand or more population, fixing the duties of said clerks, and other matters relative thereto,” and repealing all acts or parts of acts in conflict herewith, approved March 25, 1939.

[Approved March 24, 1943]

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 164, Statutes of Nevada 1939, page 247, is hereby amended to read as follows:

      Section 1.  In any township in this state wherein the population, at the last preceding census, was fifteen thousand or more, the board of county commissioners shall appoint a clerk for the justice’s court of said township, and provide compensation therefor not to exceed the sum of one hundred twenty-five ($125) dollars per month upon the written nomination and recommendation of the duly elected, qualified, and acting justice of the peace of the said township. Said justice’s clerk shall take the constitutional oath of office and give bond in the sum of two thousand ($2000) dollars for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of such township and county. Said justice’s clerk shall have authority to administer oaths, take and certify affidavits and acknowledgments, issue process, enter suit on the docket, and do all clerical work in connection with the keeping of the records, files, and dockets of said court, and perform such other duties in connection with the office as the justice of the peace shall prescribe.

      Sec. 2.  This act shall become effective from and after its passage and approval.

[Assembly Bill No. 50–Committee on Public Health]

Chap. 140–An Act to amend an act entitled “An act to provide for the registration of all births and deaths in the State of Nevada; providing penalties for the violation thereof; and other matters relating thereto,” approved March 25, 1929.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 7 of the above-entitled act, being section 5283 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 7.  All fees and moneys of any kind received under the provisions of this act shall be deposited with the state treasury and credited to the general fund of the state on the fifteenth (15th) and thirtieth (30th) days of each month.

      Sec. 2.  This act shall be effective immediately upon its passage and approval.

Fees deposited with treasurer

In effect

[Assembly Bill No. 71–Mr. Kelly]

Chap. 141–An Act to provide for the payment of a bounty to encourage the boring of wells in searching for oil, and making an appropriation therefor.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  Any person, firm, company, corporation, or association of persons who first brings into production in the State of Nevada a commercial oil well shall receive as a bounty therefor from the State of Nevada the sum of twenty-five thousand ($25,000) dollars.

      Sec. 2.  A commercial well is hereby defined as a well that produces equivalent of one hundred barrels of oil each day of twenty-four hours for a period of ninety successive days.

      Sec. 3.  The governor, attorney-general, and secretary of state of the State of Nevada are hereby made a commission for carrying out the purposes of this act.

      Sec. 4.  Upon application for the payment of the bounty herein provided the said commission shall determine whether the provisions of this act have been fulfilled, and if the said commission shall so determine it shall issue a certificate to such effect to the state board of examiners.

      Sec. 5.  Upon presentation of a claim for the payment of the bounty herein provided for, accompanied by said certificate, the state board of examiners shall allow such claim in the sum of not to exceed twenty-five thousand ($25,000) dollars, and such claim shall be allowed, approved, and paid in the usual method for allowance, approval, and payment of claims against the state.

Bounty for oil well

Commercial well defined

Commission to issue certificate, when

Claim, how paid

Appropriation

the bounty herein provided for, accompanied by said certificate, the state board of examiners shall allow such claim in the sum of not to exceed twenty-five thousand ($25,000) dollars, and such claim shall be allowed, approved, and paid in the usual method for allowance, approval, and payment of claims against the state.

      Sec. 6.  The sum of twenty-five thousand ($25,000) dollars is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, to carry out the provisions of this act, and any portion of said sum hereby appropriated not expended shall revert to the general fund on July 1, 1945.

Teachers permanent fund, how established

[Assembly Bill No. 122–Committee on Education]

Chap. 142–An Act to amend an act entitled “An act to provide for the payment of retirement salaries and annuities to public school teachers of this state; providing and establishing the necessary funds and accounts, authorizing the levy of the tax therefor, and other matters relating thereto; creating the public school teachers retirement salary fund board and giving and granting certain powers unto said board; repealing all acts and parts of acts in conflict herewith, and specifically repealing sections 6003 to 6021, inclusive, Nevada Compiled Laws 1929, as amended,” approved March 29, 1937, as amended.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 3 of the above-entitled act is hereby amended to read as follows:

      Section 3.  The public school teachers permanent fund shall be made up of all moneys received from the following sources, or derived in the following manner:

      (1) All moneys contained in that certain public school teachers permanent fund established and existing under the 1915 act, which moneys shall be transferred by the state controller and the state treasurer, upon written order of the superintendent of public instruction, to the public school teachers permanent fund created by section 2 of this act (the name, title, or designation “Public School Teachers Permanent Fund” when hereinafter used in this act shall mean the public school teachers permanent fund created by section 2 of this act and nothing else, unless otherwise specifically stated);

      (2) All contributions made by teachers, which are creditable to this fund, as hereinafter provided;

      (3) The income and interest derived from the investment of moneys contained in the public school teachers permanent fund;

      (4) All contributions made by the State of Nevada, as hereinafter provided;

      (5) All donations, legacies, gifts, and bequests which shall be made to such fund, and all moneys which shall be obtained or contributed for the same purpose from other sources.

      Sec. 2.  Section 27 of the above-entitled act is hereby amended to read as follows:

      Section 27.  The results of the actuarial and statistical valuations and investigations referred to in section 26 hereof shall be used by the board as a basis for determining the amounts of appropriations to be asked for the board from the state, from time to time, in order to meet: (1) Administrative expenses, (2) the state’s share of the cost of the retirement salaries to be provided under this act, and (3) the state annuities to be provided under this act; provided, however, that from and after the approval of this act the contributions from the state shall consist of two parts to be known respectively as the normal contribution and the accrued liability contribution, which contributions shall be made annually as follows:

      (1) For the years commencing January 1, 1943, and January 1, 1944, respectively, the normal contribution from the state shall consist of the proceeds of an ad valorem tax of fifteen mills on the hundred dollars of all taxable property in the state, and thereafter the proceeds of an ad valorem tax which shall be calculated each biennium to yield an amount equal to two and one-quarter (2 1/4%) percent of the compensation earned for teaching services by all members of the retirement system during the fiscal year last preceding each biennium, which tax shall be collected at the same time and in the same manner as other state taxes are collected, and which shall continue to be so collected until changed by the legislature; provided, that the normal contribution shall not be less than the proceeds of an ad valorem tax of fifteen mills on the hundred dollars of all taxable property in the state until such time as the accrued liability contribution shall be discontinued as hereinafter provided;

      (2) For the years commencing January 1, 1943, and January 1, 1944, respectively, the accrued liability contribution from the state shall consist of the proceeds of an ad valorem tax of five (5) mills on the hundred dollars of all taxable property in the state; for the years commencing January 1, 1945, and January 1, 1946, respectively, the proceeds of an ad valorem tax of ten (10) mills on the hundred dollars of all taxable property in the state; for the year commencing January 1, 1947, and thereafter, the proceeds of an ad valorem tax of fifteen (15) mills on the hundred dollars of all taxable property in the state, which tax shall be collected at the same time and in the same manner as other state taxes are collected and which shall continue to be so collected until changed by the legislature; provided, however, that whenever the accumulated reserve in the public school teachers permanent fund shall equal the present value, as actuarially computed and approved by the board, of the total liability of such fund less the present value of the prospective contributions from teachers who are then contributing to said fund as provided herein, the accrued liability contribution from the state be discontinued.

Results basis for appropriation

Tax, how collected

Tax, how collected

Board may recommend changes

In effect

all taxable property in the state; for the year commencing January 1, 1947, and thereafter, the proceeds of an ad valorem tax of fifteen (15) mills on the hundred dollars of all taxable property in the state, which tax shall be collected at the same time and in the same manner as other state taxes are collected and which shall continue to be so collected until changed by the legislature; provided, however, that whenever the accumulated reserve in the public school teachers permanent fund shall equal the present value, as actuarially computed and approved by the board, of the total liability of such fund less the present value of the prospective contributions from teachers who are then contributing to said fund as provided herein, the accrued liability contribution from the state be discontinued.

      (3) It shall be the duty of said board to recommend to the legislature any change in such amount it deems necessary and advisable. The results of the actuarial and statistical valuations and investigations shall also be used by the board as a basis for the recommendations of the board as to modifications and amendments of the retirement system which may be deemed necessary to best serve the interests of the state and the members.

      Sec. 3.  This act shall become effective from and after its passage and approval.

[Assembly Bill No. 133–Committee on Judiciary]

Chap. 143–An Act to amend an act entitled “An act to create a state board of health, defining their duties, prescribing the manner of the appointments of its officers, fixing their compensation, making an appropriation for the support of said board, establishing county boards of health, requiring certain statements to be filed, defining certain misdemeanors and providing penalties therefor, and other matters relating thereto,” approved March 27, 1911, as amended 1913, 1915, 1919, 1937, and 1939, by amending sections 7, 14, 15, and 24 thereof, and by adding thereto new sections to be known as sections 20a, 25a, 42, 43, 44, 45, 46, 47, and 48,” approved March 28, 1941.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 42 of the above-entitled act is hereby amended to read as follows:

      Section 42.  The acceptance for filing of any certificate by the state registrar more than four (4) years after the time prescribed for their filing shall be subject to regulations in which the board shall prescribe in detail the proofs to be submitted by any applicant for delayed filing of a certificate.

prescribed for their filing shall be subject to regulations in which the board shall prescribe in detail the proofs to be submitted by any applicant for delayed filing of a certificate.

      Sec. 2.  If any provision of this act or the application thereof to any person or circumstances if held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 3.  Upon the taking effect of this act all acts, general or special, and parts of acts, general or special, in conflict and inconsistent with the provision of this act are hereby repealed.

      Sec. 4.  This act shall be in full force and effect on and after July 1, 1943.

Board may prescribe proofs

Act declared severable

Repeal

In effect

[Assembly Bill No. 152–Mr. Johnson]

Chap. 144–An Act to amend an act entitled “An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds, and fish; creating certain offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the licensing of and regulating of hunting, trapping, game farming, and game fishing, authorizing the establishment, control, and regulation of private fish hatcheries, state recreation grounds, sanctuaries, and refuges, and the closing, opening, and shortening of hunting and fishing seasons; regulating the transportation and possession of wild animals, wild birds, and game fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom, providing penalties for violation thereof, and repealing certain acts and parts of acts in conflict therewith,” approved March 29, 1929, together with the acts amendatory thereof or supplemental thereto, approved March 28, 1941.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 29 of the above-entitled act, being section 3063 N. C. L. 1929, as amended by chapter 108 Statutes of 1941, is hereby amended so as to read as follows:

Fishing seasons defined

In effect

      Section 29.  It shall be unlawful for any person to fish in or from the waters of Pyramid lake and Washoe lake in district No. 1, Lahontan lake in districts Nos. 2 and 11 between the dates of the first day of October of each year and the first day of March of the following year; and it shall be unlawful for any person to fish in or from the waters of Topaz lake, district No. 10, between the dates of the first day of November of each year and the first day of May of the following year; and it shall be unlawful for any person to fish in or from any of the waters of districts Nos. 7 to 17, inclusive, except as above modified, and except between the fifteenth day of April and the first day of October of the same year, both dates included; provided, that if delivered by private conveyance, Indian wards of the United States, who are residents of this state shall, under regulations prescribed by the state fish and game commissioners, have the privilege of selling, direct to consumers, fish they may legally take from the waters of Walker lake between March first and December fifteenth, both dates included, and any Indian over sixteen years of age may be allowed to have twenty-five pounds or twenty-five fish; provided further, game fish and carp may be taken at any time during the years 1943 and 1944 from the waters of Walker lake in district No. 12.

      Sec. 2.  This act shall be in full force and effect from and after its passage and approval.

U.S. officers may administer oath

[Assembly Bill No. 162–Mr. Grant]

Chap. 145–An Act to provide for the taking of acknowledgments and the administering of oaths or affirmations by commissioned officers in active service of the armed forces of the United States, both within or without the United States.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  In addition to the acknowledgment of instruments in the manner and form and as otherwise authorized by the laws of the State of Nevada, any person serving in or with the armed forces of the United States or any person whose duties require his presence with the armed forces of the United States may acknowledge the same wherever located whether within or without the United States, before any commissioned officer in active service of the armed forces of the United States with the rank of second lieutenant or higher in the army or marine corps, or ensign or higher in the navy or United States coast guard.

the navy or United States coast guard. The instrument shall not be rendered invalid by the failure to state therein the place of execution or acknowledgment. No authentication of the officer’s certificate of acknowledgment shall be required, but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in the following form:

      On this, the..................day of............................................, 19......., before me, ......................................................, the undersigned officer, personally appeared......................................................................, known to me (or satisfactorily proven) to be serving in or with the armed forces of the United States, or known to me (or satisfactorily proven) to be a person whose duties require his presence with the armed forces of the United States, and to be the person whose name is subscribed to the within instrument and acknowledged that ....he.... executed the same freely and voluntarily for the purposes therein mentioned. And the undersigned does further certify that he is at the date of this certificate a commissioned officer of the rank stated below and is in the active service of the armed forces of the United States.

                                                                                           .............................................................

                                                                                                                 Signature of officer.

                                                                                           .............................................................

                                                                                                Rank of officer and command

                                                                                                         to which attached.

      Sec. 2.  Any officer mentioned in section 1 hereof shall have power to administer oaths or affirmations to any person serving in or with the armed forces of the United States, or to any person whose duties require his presence with the armed forces of the United States, wherever located, whether within or without the United States with the same force and effect as if the same were administered by any other officer now authorized by the laws of the State of Nevada to administer oaths or affirmations.

      Sec. 3.  The provisions of this act are expressly made retroactive to and including the eighth day of September, 1939, and all acknowledgments taken and oaths administered in conformity with the provisions of this act since said eighth day of September, 1939, and prior to the passage and approval hereof, shall be and are hereby declared to be as effective as though taken after the passage and approval of this act.

      Sec. 4.  This act shall become effective from and after its passage and approval.

Form of oath or affirmation

Oath to have same force and effect

Provisions retroactive

In effect

Marriages subsequent to March 1937 validated

In effect

[Assembly Bill No. 169–Nye County Delegation]

Chap. 146–An Act to amend an act entitled “An act relating to marriage and divorce,” approved November 28, 1861, as amended by adding thereto a new section to be known as section 4a.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act is hereby amended by adding thereto, immediately after section 4 thereof, a new section to be known as section 4a to read as follows:

      Section 4a.  All marriages solemnized since the 3d day of March 1937 and performed in the manner prescribed and required by section 4 of the above-entitled act prior to its repeal on the said 3d day of March 1937 are hereby expressly validated; and all such marriages so solemnized and performed since said date are hereby declared to be valid to all intents and purposes to the same extent as if said section 4 of said act had not been repealed on the 3d of March 1937.

      Sec. 2.  This act shall be effective upon its passage and approval.

Salary of sheriff

Disposition of fees

Repeal

In effect

[Assembly Bill No. 175–Washoe County Delegation]

Chap. 147–An Act providing for the compensation of the sheriff of Washoe County, State of Nevada.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  From and after the passage of this act the sheriff of Washoe County shall receive three hundred ($300) dollars per month.

      Sec. 2.  The sheriff of Washoe County, as ex officio license collector, shall receive, and is hereby authorized to retain (except as otherwise provided by law), as compensation for the collection of licenses, six percent (6%) of the gross amount on each business license sold.

      Sec. 3.  All acts or parts of acts insofar as they may be in conflict with this act are hereby repealed.

      Sec. 4.  This act shall take effect upon its passage and approval.

[Assembly Bill No. 176–Clark County Delegation]

Chap. 148–An Act to amend an act entitled “An act creating a commission to be known as the Colorado river commission of Nevada, defining its powers and duties, and making an appropriation for the expenses thereof, and repealing all acts and parts of acts in conflict with this act,” approved March 20, 1935.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 7 of the above-entitled act is hereby amended to read as follows:

      Section 7.  The duties of said commission shall be:  To collect and arrange all data and information connected with the Colorado river and its tributaries which may affect or be of interest to the State of Nevada; to present the same to the governor for his information; to represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado river or its tributaries, or in connection with Boulder dam; to render the friendly cooperation of the State of Nevada to such constructive enterprises as look to the conservation of the waters of the Colorado river and its tributaries and the development of power thereon; to render friendly cooperation and to negotiate with, cooperate with, and invite industries for the purpose of establishing the same within the State of Nevada; to negotiate with the representatives of other states and the United States in an endeavor to equitably settle and define the rights of the states and of the United States in the water of the Colorado river and its tributaries; to make and enter into agreements, compacts, or treaties between the State of Nevada and the States of Arizona, California, Colorado, New Mexico, Utah, and Wyoming, either jointly or severally, which said agreements, compacts, or treaties, however, will not become binding upon the State of Nevada until ratified and approved by the legislature and governor of the State of Nevada; to report to the governor such measures and legislative action as may be deemed necessary to secure to the people of Nevada all possible benefits from the water of said river allocated to or contracted by the State of Nevada and the power allocated to or contracted by the State of Nevada to be generated at Boulder dam; to cooperate with and to establish, conduct, and maintain in conjunction with other states or federal agencies, power, water, and irrigation projects.

Duties of commission

Additional duties

Additional duties

All revenue to be deposited in state treasury

      Said commission is hereby empowered to receive, protect, and safeguard and hold in trust for the State of Nevada all water and water rights, and other rights, interests, or benefits in and to the waters of the Colorado river and to the power generated thereon, now held by or which may hereafter accrue to the State of Nevada under and by virtue of any act of the Congress of the United States or any compacts or treaties between states to which the State of Nevada may become a party, or otherwise.

      Said commission shall hold and administer all rights and benefits, pertaining to the distribution of the power in this act mentioned for the State of Nevada, and is hereby empowered to lease, sublease, let, sublet, contract, or sell the same on such terms as such commission shall determine; and provided further, that every applicant for power to be used within the State of Nevada shall, before said application is approved, provide an indemnifying bond by a corporation qualified under the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the commission may require, conditioned for the full and faithful performance of such lease, sublease, contract, or other agreement; provided, however, that the said power shall not be sold for less than the actual cost to the State of Nevada as determined by the secretary of the interior of the United States; and provided further, that before any such sale or lease is made, the same shall be advertised in two papers of general circulation published in the State of Nevada for a period of once a week for two weeks; and provided further, that said commission shall require any person desiring to make objection thereto to file said objection with the secretary of said board within ten days after the date of the last publication of said notice. If any objection shall be filed pursuant to such notice then it shall be the duty of said commission to set a time and place for a hearing of said objections not more than 30 days after the date of the last publication of said notice; and provided further, that any such lease, sublease, contract, or sale, either of the water or power in this act mentioned, shall not become binding upon the State of Nevada until ratified and approved by the governor of said state.

      All revenues derived from the sale, lease, or use of the water or power in this act mentioned, and all revenues which shall become due and owing to the State of Nevada under any such lease, contract, or sale, or otherwise, shall be received, collected, and paid directly to the state treasurer of the State of Nevada and deposited by him in a fund, hereby created, to be known as and called the Colorado river commission fund.

      Said commission is hereby authorized to adopt such written rules and regulations governing this procedure as may be just and reasonable.

      Sec. 2.  Section 11 of the above-entitled act is hereby amended to read as follows:

      Section 11.  Revenues received from the sale of power or water or otherwise shall be by the commission disbursed as follows:

      (1) To the payment to the federal government of the cost of water and the cost of electrical energy and the generation and delivery thereof in accordance with bills rendered by the secretary of the interior of the United States.

      (1a) To the payment of the compensations and expenses of the commission and all other obligations incurred through performance by the commission of the duties designated in this act.

      (2) To the repayment to the State of Nevada of any moneys advanced or appropriated to the commission, said repayment to be placed in and to be a part of the general fund of the state.

      (3) All vouchers for the disbursement of said funds shall, before payment, be submitted to and approved by the board of examiners of the State of Nevada and paid out of the Colorado river commission fund upon warrants to be drawn by the state controller and paid by the state treasurer.

      Sec. 3.  An emergency is hereby declared to exist, and this act shall take effect, therefore, immediately upon its passage and approval.

May adopt rules and regulations

Revenues, how dispersed

In effect

[Assembly Bill No. 181–Committee on Ways and Means]

Chap. 149–An Act providing appropriations for the purpose of meeting and paying salary increases allowed certain state and departmental officers and employees; authorizing the board of control to increase the salaries of persons employed on and about the capitol grounds and state buildings, and making an appropriation therefor; and other matters properly related thereto and connected therewith.

[Approved March 24, 1943]

      Whereas, Two certain bills, being designated as assembly bill number 76 being “An act to provide additional compensation for the employees of certain state elective officers,” and assembly bill number 77 being “An act to amend an act entitled ‘An act regulating the salaries of certain employees in the various state offices and departments,’ approved March 30, 1929, as amended, and all acts and parts of acts amendatory or supplementary thereto, and repealing all acts and parts of acts in conflict therewith,” are now before the forty-first legislative session of the State of Nevada for legislative action; and

Preamble

Preamble

Appropriation for A.B. 76 increases

Appropriation for A.B. 77 increases

Duties of board of control

30, 1929, as amended, and all acts and parts of acts amendatory or supplementary thereto, and repealing all acts and parts of acts in conflict therewith,” are now before the forty-first legislative session of the State of Nevada for legislative action; and

      Whereas, Neither of said bills provide, in themselves, for an appropriation for the payment of the salary increases provided therein for the biennium beginning July 1, 1943, and ending June 30, 1945; and

      Whereas, It is the legislative intent that salary increases may also be extended to those persons employed by the state board of control in the care and management of the state buildings and grounds; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  There is hereby appropriated out of any unappropriated funds now in the treasury of the State of Nevada the sum of twenty six thousand ($26,000) dollars for the purpose of paying the salary increases provided for by assembly bill No. 76 entitled “An act to provide additional compensation for certain state appointive officers and for the employees of certain state elective and appointive officers,” for the biennium beginning July 1, 1943, and ending June 30, 1945.

      Sec. 2.  There is hereby appropriated out of any unappropriated funds now in the treasury of the State of Nevada the sum of sixteen thousand ($16,000) dollars for the purpose of paying the salary increases provided for by assembly bill No. 77 entitled “An act to amend an act entitled ‘An act regulating the salaries of certain employees in the various state offices and departments,’ approved March 30, 1929, as amended, and all acts and parts of acts amendatory or supplementary thereto, and repealing all acts and parts of acts in conflict therewith,” for the biennium beginning July 1, 1943, and ending June 30, 1945.

      Sec. 3.  The board of control of the State of Nevada may, in its discretion, and after the 30th day of June 1943, increase the salaries and compensation of those persons employed in and about the care and management of the state-owned buildings and grounds, and for the purpose of meeting and paying such salary and wage increases, as and when made, there is hereby appropriated out of any unappropriated funds now in the state treasury the sum of five thousand ($5,000) dollars for the biennium beginning July 1, 1943, and ending June 30, 1945.

      Sec. 4.  In the event that the bills referred to in section 1 and section 2, or either of them, do not become enacted into law during the period of the forty-first legislative session, or within a period of ten days thereafter, then so much of this act as creates the appropriation required by such bill or bills failing to become law shall and will be inoperative.

law during the period of the forty-first legislative session, or within a period of ten days thereafter, then so much of this act as creates the appropriation required by such bill or bills failing to become law shall and will be inoperative.

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

When appropriation inoperative

In effect

[Senate Substitute for Assembly Bill No. 107–Committee on Judiciary]

Chap. 150–An Act to amend an act entitled “An act to enable counties to establish and maintain public hospitals, levy a tax and issue bonds therefor, elect hospital trustees, maintain a training school for nurses, and provide suitable means for the care of such hospitals and of disabled persons, and repealing a certain act,” approved March 27, 1929, as amended.

[Approved March 24, 1943]

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 section 2225 N. C. L. 1929 is hereby amended to read as follows:

      Section 1.  Any county or group of counties may establish a public hospital in the following manner:  (a) Whenever the board of county commissioners of any county shall be presented with a petition signed by at least thirty per centum (30%) of the taxpayers in such county or in each of a group of counties asking that an annual tax be levied for the establishing and maintenance of a public hospital, at a place in the county or counties named therein, and shall specify in said petition the maximum amount of money proposed to be expended in purchasing or building said hospital, including acquisition of site, each such board of county commissioners shall submit the question of issuing bonds therefor to the qualified electors of the county at the next general election to be held in the county. (b) Whenever the board of county commissioners of any county shall be presented with a petition signed by at least fifty per centum (50%) of the taxpayers in such county or in each of a group of counties asking that an annual tax be levied for the establishing and maintenance of a public hospital, at a place in the county or counties named therein, and shall specify in said petition the maximum amount of money proposed to be expended in purchasing or building said hospital, including acquisition of site, each such board of county commissioners shall call a special election for the purpose of submitting the question of issuing bonds therefor to the qualified electors of the county, to be held within forty days after such petition shall have been filed with said board.

Public hospitals, how established

Duties of county commissioners

Annual tax may be levied

Notice by publication

Election may be held

Disposition of funds

including acquisition of site, each such board of county commissioners shall call a special election for the purpose of submitting the question of issuing bonds therefor to the qualified electors of the county, to be held within forty days after such petition shall have been filed with said board. Whenever the board of county hospital trustees of any county shall deem it advisable that an annual tax be levied for the enlargement, maintenance, repair, or reconstruction of a public hospital, said board shall, by resolution, request the board of county commissioners of said county to levy an annual tax therefor and shall specify in said resolution the maximum amount of money proposed to be expended for any or all of said purposes, and thereupon said board of county commissioners shall submit the question of issuing bonds therefor to the qualified electors of the county at the next general election to be held in the county. Four weeks’ notice (being five publications one week apart) of any election to be held pursuant to this act shall be given by publishing the same in one or more newspapers published in each county affected thereby, if any be published therein, otherwise by posting a written or printed notice in each precinct of the county, which notice shall include the text of the resolution or petition and shall state the amount and term of the county bonds proposed to be issued, which term shall not exceed twenty years, also the amount of the tax proposed to be levied upon the assessed property of the said county in order to pay and redeem said bonds and otherwise accomplish the purposes set out in the resolution or petition, which tax shall not exceed two mills on the dollar annually for a period of time not exceeding twenty years, and also the purposes for which it is proposed to use the funds derived therefrom. Every such election shall be held at the usual places in each county for voting upon county officers, and shall be canvassed. Every such election shall be held in full conformity with the provisions of chapter 70 Statutes of Nevada 1937. If the result of the election in each county concerned shall be in favor of the proposition so submitted, the board or boards of county commissioners shall issue such bonds and levy such taxes as the electors shall have authorized. All moneys received as a result thereof shall be credited to the hospital fund and shall be paid out on the order of the board of county hospital trustees for the purposes for which realized or collected and not otherwise. For the purposes of this act, the word “taxpayers” shall be deemed to include only citizens of the United States of the age of twenty-one years and upwards who, at the time of filing their petition, are registered electors of the county in which an election is proposed to be held and whose names appear on the latest assessment roll of said county as owners of real or personal property.

appear on the latest assessment roll of said county as owners of real or personal property.

      Sec. 2.  This act shall take effect from and after its passage and approval.

In effect

[Assembly Bill No. 49–Committee on Public Health]

Chap. 151–An Act to amend an act entitled “An act to create a state board of health, defining their duties, prescribing the manner of the appointments of its officers, fixing their compensation, making an appropriation for the support of said board, establishing county boards of health, requiring certain statements to be filed, defining certain misdemeanors and providing penalties therefor, and other matters relating thereto,” approved March 27, 1911, as amended.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 4 of the above-entitled act, being section 5238 Nevada Compiled Laws 1929, as amended, is hereby amended to read as follows:

      Section 4.  The state board of health, with the approval of the governor, shall appoint the state health officer. He shall be a physician having the degree of doctor of medicine. He shall be a resident of Nevada for at least five years preceding the date of his appointment; he shall be licensed to practice in Nevada and shall have had at least one year’s post-graduate training in public health or at least three years’ experience as a public health official. The state health officer shall be appointed for a term of four years. He may be removed from office by the state board of health for cause and after a hearing, or he may be removed at any time at the pleasure of the board upon the unanimous vote of all of the members of said board. A vacancy in the office shall be filled by appointment for the unexpired term. The state health officer shall devote his full time to his official duties and shall not engage in any other business or occupation. His annual compensation from state appropriated funds shall be fixed by the state board of health, in an amount not to exceed the sum of four thousand two hundred fifty ($4,250) dollars a year and in addition he shall be allowed his necessary traveling expenses while engaged in the performance of his official duties, to be paid semimonthly in the same manner as the salaries and expenses of other state officers are paid.

      Sec. 2.  This act shall be in effect from and after its passage and approval.

State health officer, how appointed; qualifications

Compensation of health officer

In effect

Photo-engraved plates, where purchased

Contingent upon satisfactory service

Repeal

In effect

[Assembly Bill No. 117–Mr. Burke]

Chap. 152–An Act requiring all state departments and boards and farm bureaus to purchase photoengraved plates from bona fide commercial establishments making or manufacturing the same within the State of Nevada, and providing a penalty for the violations of the provisions of this act.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  Whenever any printed matter printed in the office of the state printer, or in any privately owned and operated printing establishment in the State of Nevada, by any state department, or boards, or farm bureau requires the use of photoengraved plates consisting of copper and zinc half-tones and etchings, and/or half-tones and etchings composed of any other metal, the same shall be purchased from some bona fide commercial establishment making or manufacturing the same within the State of Nevada; provided, however, that if there is no commercial establishment adequately equipped to furnish such half-tones and etchings, then, and in that event, the same may be purchased from any commercial establishment outside of the State of Nevada; provided further, that the state board of examiners shall not approve any claim for payment for work done by any establishment in violation of the provisions of this act.

      The provisions of this act are contingent upon satisfactory services being rendered by all such commercial establishments within the State of Nevada making or manufacturing such half-tones or etchings and reasonable charges made therefor. Reasonable charges shall mean a charge not in excess of the amount necessary to be paid for the purchase of such half-tones and etchings in similar commercial establishments in other states.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall take effect immediately upon its passage and approval.

[Assembly Bill No. 129–Committee on Ways and Means]

Chap. 153–An Act to amend an act entitled “An act creating a board to be known as the state planning board, defining its duties, powers, and jurisdiction, and making an appropriation for the expenses thereof, and other matters properly relating thereto,” approved March 22, 1937.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 7 of the above-entitled act is hereby amended to read as follows:

      Section 7.  There is appropriated and made available, until expended, out of any moneys in the general fund of the State of Nevada, not otherwise appropriated, the sum of five thousand ($5,000) dollars for the biennium ending June 30, 1945, to enable the board to carry out the provisions of this act.

Appropriation for planning board

[Assembly Bill No. 177–Washoe County Delegation]

Chap. 154–An Act to amend an act entitled “An act fixing the method by which the charters of incorporated cities and towns may be amended,” approved March 15, 1927, together with the acts amendatory thereof or supplemental thereto.

[Approved March 24, 1943]

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 section 1257 N. C. L. 1929, as amended, is hereby amended to read as follows:

      Section 1.  Whenever it is desired to amend the charter of any incorporated city or town within the State of Nevada, such amendment or amendments may be effected in any one of the following methods:

      1.  By an act of the legislature.

      2.  Upon the filing of a verified petition bearing the signatures of not less than sixty (60%) percent of the registered voters of the city or town, as certified by the clerk of the county wherein the city or town is located, praying for the adoption of any amendment or amendments fully set forth in such petition, and exhibited to each of such signers prior to the signature being affixed thereto. Said signatures need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each such petition shall swear that the statements therein made are true to the best of knowledge and belief.

How charters may be amended

How charters may be amended

Duties of governing body

Percentages, how determined

In effect

of each such petition shall swear that the statements therein made are true to the best of knowledge and belief.

      Upon the filing of any such petition bearing the required number of signatures, duly verified and setting out therein the amendment or amendments proposed, it shall be the duty of the governing body of such city or town to adopt such amendment or amendments by resolution without further proceeding.

      3.  Upon filing with the governing body of such city or town a verified petition bearing the signatures of not less than thirty percent (30%) of the registered voters of the city or town, a special election shall be called for the purpose or purposes as set forth in said petition, not later than forty-five (45) days after the filing of said petition; or, upon the filing with the governing body of such city or town a verified petition bearing the signatures of not less than ten percent (10%) of the registered voters of the city or town, the said amendment or amendments proposed in said petition shall be placed upon the ballot at the next municipal election, whether it be a special or a general municipal election, after the filing of the said petition, praying for the adoption of any amendment or amendments as fully set forth in such petition, and exhibited to each of such signers prior to the signature being affixed thereto. Said signatures need not all be appended to one paper, but each signer shall add to his or her signature the place of residence. One of the signers of each such petition shall swear that the statements therein made are true to the best of his or her knowledge or belief.

      Upon the filing of any such petition, bearing the signatures of the required number of registered voters, as provided in subdivision 3 hereof, the governing body of such city or town shall call a special election, or provide for the voting upon such proposed amendment or amendments at the next municipal election, for the aforesaid purpose, as the aforesaid petition shall request.

      The said percentages, as provided in subdivisions 2 and 3 of this act, shall be determined from the number of registered voters at last general municipal election held in said city or town next preceding the filing of the petition as aforesaid.

      Sec. 2.  This act shall take effect from and after its passage and approval.

[Assembly Bill No. 182–Clark County Delegation]

Chap. 155–An Act to amend an act entitled “An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1911, by adding a new section to be known as section 16 1/2 to chapter 2 thereof.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  Chapter 2 of the above-entitled act is hereby amended by the addition of a new section to be known as section 16 1/2.

      Section 16 1/2.  The Board of City Commissioners to Create the Office of City Manager. The city manager shall be appointed by the board of city commissioners, and shall receive such compensation as may be fixed by said board. The city manager shall, before entering upon the duties of his office, furnish a good and sufficient bond, conditional for the faithful discharge of the duties of his office, in an amount specified by the board of commissioners, said bond to be approved by said board of commissioners. The city manager shall have the same powers and perform the duties prescribed and authorized by chapter 2 of this act to be exercised and performed by the “Police and Fire Commissioner,” “Commissioner of Streets and Public Property,” “Water Works,” “Sewage and Light Commissioner,” and “Commissioner of Finance and Revenue,” and such other duties as may be prescribed by the board of commissioners. The city manager shall be the chief administrative officer of the city and shall be responsible to the board of commissioners for the proper administration of affairs of the city placed under his jurisdiction. The manager shall be chosen on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practices in municipal affairs. At the time of his appointment he need not be a resident of the city or state, but during his tenure of office he shall reside within the city. No member of the board of commissioners shall, during the term for which he was elected, or for one year thereafter, be eligible to hold the position of manager. The city manager shall be appointed for an indefinite term, but may be removed at the pleasure of the board of commissioners by an affirmative vote of four members. Before removing the city manager from office the board of commissioners shall grant the city manager a hearing, but the action of the board of commissioners shall be final and conclusive, it being the intention of this act to vest all authority, and fix all responsibility for such removal, in the board of commissioners.

City manager, how appointed and duties

City manager may be removed

Electorate must acquiesce

In effect

vest all authority, and fix all responsibility for such removal, in the board of commissioners. Whenever the office of city manager shall become vacant, the affairs of the city shall be administered by the board of commissioners until the office has again been filled. At the municipal election next after the effective date of this act there shall appear upon the ballot the following proposition:

      Shall the city of Las Vegas adopt a city manager form of municipal government? Yes..........         No..........

      If upon the official canvass of the election returns a majority of the votes cast are in the affirmative the board of city commissioners shall forthwith create the office of city manager as herein provided in this act. In the event the proposition is defeated it shall be placed upon the ballot of any subsequent municipal election, provided a petition signed by at least ten (10%) percent of the qualified electors shall have been presented to the board of commissioners at least sixty (60) days prior to the date set for any municipal election requesting that the proposition be again voted upon.

      Sec. 2.  This act shall become effective from and after its passage and approval.

Preamble

Supplemental appropriation

[Assembly Bill No. 184–Committee on State Institutions]

Chap. 156–An Act making an emergency appropriation for the support of the Nevada state hospital for mental diseases.

[Approved March 24, 1943]

      Whereas, The Nevada state hospital for mental diseases has experienced an increase in the number of patients which have been cared for during the last biennium, which was not anticipated by the last legislature when it made the appropriation for its support; and

      Whereas, The cost of supplies, and other expenses, have materially increased during the past two years which will cause a deficit in the funds appropriated for the support of this hospital of approximately four thousand ($4,000) dollars; now

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

Assembly, do enact as follows:

      Section 1.  For the support of the Nevada state hospital for mental diseases for the balance of the biennium up to June 30, 1943, there is hereby appropriated out of any moneys in the general fund of the state treasury, not otherwise specifically appropriated, the sum of four thousand ($4,000) dollars, and allowed as other claims against the State of Nevada.

($4,000) dollars, and allowed as other claims against the State of Nevada.

      Sec. 2.  This act shall become effective from and after its passage and approval.

In effect

[Assembly Bill No. 19–White Pine County Delegation and Messrs. Taber, Tavelle, and McElroy]

Chap. 157–An Act to amend an act entitled “An act to provide for the creation, organization, and maintenance of the Nevada state police, prescribing the powers and duties of the officers and members thereof in maintaining peace, order, and quiet in the State of Nevada, fixing their compensation, providing certain penalties, and other matters relating thereto, making an appropriation therefor, and repealing all acts or parts of acts in conflict therewith, approved January 29, 1908,” as amended.

[Approved March 24, 1943]

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 section 7435 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 2.  The Nevada state police shall consist of the superintendent of police, to be appointed by the governor, one inspector, three sergeants, five subordinate police officers, and two hundred and fifty reserves. The sum of sixty thousand ($60,000) dollars, or so much thereof as may be necessary, shall be and the same is hereby appropriated out of the general fund of the state treasury to pay the salaries and expenses necessary for the purposes of this act for the period beginning July 1, 1943, and ending June 30, 1945.

      Sec. 2.  Section 6 of the above-entitled act, being section 7439 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 6.  The officers and members of the Nevada state police shall have the power, when executing the orders of the governor, or when called into active service for the preservation of order, the protection of life or property, or the maintenance of peace.

      (a) To make arrests, with or without warrant, of any and all persons charged with crime, or of violating any law of this state, or of the United States; to arrest and detain all persons suspected of the commission of any felony, and shall bring such prisoners as may be apprehended forthwith before the proper tribunal for examination and trial in the county where such offense was committed;

Personnel of state police, appropriation

Powers and duties of personnel

Powers and duties of personnel

Superintendent to designate arms and uniforms

Salaries of personnel

Per diem of reserves

before the proper tribunal for examination and trial in the county where such offense was committed;

      (b) To suppress all riots, routs, affrays, or disturbances of any kind within this state, and to arrest any and all persons engaged or abetting therein, and for this purpose shall have the power to enlist the assistance of all peace officers and command other citizens of this state;

      (c) To serve any criminal process within this state issued by any court of this state;

      (d) To cooperate with local authorities in detecting crime, and in apprehending any person or persons engaged in or suspected of the commission of a crime;

      (e) To do and perform all duties required of any peace officer by the laws of this state, except in the service of any civil process;

      (f) To enforce the motor vehicle laws of the state; to enforce traffic regulations; and to promote safety in connection with highway travel, all in conjunction with and as an aid to all other law enforcement officers.

      Sec. 3.  Section 10 of the above-entitled act, being section 7443 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 10.  The superintendent of the Nevada state police shall also designate the kind and character of the arms, equipment, and accouterments to be carried or used by the members of the said Nevada state police, and shall also prescribe the kind of uniforms and badges of office to be used by the members of the said Nevada state police.

      Sec. 4.  Section 14 of the above-entitled act, being section 7447 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 14.  The superintendent of police shall receive a salary of thirty-six hundred dollars per annum.

      The inspector of police shall receive a salary of three thousand dollars per annum.

      Each sergeant shall receive a salary of twenty-seven hundred dollars per annum.

      All other members, except the reserve force, shall receive a salary of twenty-four hundred dollars per annum.

      All salaries herein provided for shall be paid in semimonthly installments, the same as the salaries of other state officers are paid.

      Each member of the reserve force shall receive five dollars per day while engaged in active service, which sum shall be paid the same as the salaries of other state officers are paid. The members of the reserve force shall receive no compensation whatever when not engaged in active service. All claims for salaries for services rendered in active service shall be examined and audited by the superintendent of police, and shall be examined, audited, and allowed by the state board of examiners, and shall be paid as other claims against the state are paid.

examined and audited by the superintendent of police, and shall be examined, audited, and allowed by the state board of examiners, and shall be paid as other claims against the state are paid.

      Sec. 5.  Section 17 of the above-entitled act, being section 7450 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 17.  The superintendent of police is hereby authorized to purchase the necessary number of automobiles to effectively carry out the purposes of this act, each automobile so purchased not to exceed one thousand dollars as the entire purchase price thereof. Each of the members of the Nevada state police while absent from his residence in discharge of official duties, shall be entitled to his actual living expenses not too exceed five dollars per day. All claims for traveling and living expenses as well as general claims for the operation and maintenance of the Nevada state police shall be first approved by said superintendent of police and shall be examined, approved, and allowed by the state board of examiners and shall be paid as other claims against the state are paid.

      Sec. 6.  This act is declared to be an emergency measure and shall take effect immediately upon its passage and approval, and shall expire June 30, 1945.

Automobiles may be purchased

Claims, how allowed

In effect

[Assembly Bill No. 21–White Pine County Delegation and Messrs. Taber, Tavelle, and McElroy]

Chap. 158–An Act to amend an act entitled “An act to provide for the government of the state prison of the State of Nevada,” approved March 7, 1873, as amended.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 4 of the above-entitled act, being section 11453 Nevada Compiled Laws 1929, as amended by Statutes of Nevada 1931, chapter 37, is hereby amended to read as follows:

      Section 4.  The governor shall appoint a warden of the state prison who shall receive in full compensation for all of his services as such warden the sum of thirty-six hundred ($3,600) dollars per year, with mileage and expense allowances as now provided by law when engaged in the discharge of his official duties, said salary to be payable in semimonthly installments out of the general fund of the state treasury in the same manner as other state officers are paid.

Appointment and salary of warden

Warden to execute bond

Repeal

in the same manner as other state officers are paid. The warden shall take charge of the state prison promptly after his appointment, and shall hold office until his successor is appointed and qualified. He shall be subject at all times to the order and direction of the state board of prison commissioners, and shall be the chief executive officer of and reside at the prison. During any absence of the warden, the captain of the guard of the state prison shall be acting warden thereof without increase in salary.

      Sec. 2.  Section 22 of the above-entitled act, being section 11471 Nevada Compiled Laws 1929, is amended to read as follows:

      Section 22.  The warden, before entering upon the discharge of his duties, shall execute a bond in such sum as the board of commissioners shall designate, not exceeding twenty thousand dollars, for the faithful discharge of his duties, which bond shall be given to the State of Nevada, approved by the chief justice of the supreme court, and filed with the secretary of state.

      Sec. 3.  That certain act entitled “An act supplementary to an act entitled ‘An act to provide for the creation, organization, and maintenance of the Nevada state police, prescribing the powers and duties of the officers and members thereof in maintaining peace, order, and quiet in the State of Nevada, fixing their compensation, providing certain penalties, and other matters relating thereto, making an appropriation therefor, and repealing all acts and parts of acts in conflict therewith,’ approved January 29, 1908, and making the superintendent of the Nevada state police ex officio warden of the state prison, fixing his salary, providing for an acting warden during vacancy or absence of the superintendent, and repealing all acts and parts of acts in conflict herewith, approved March 29, 1915,” being sections 7457-7459 Nevada Compiled Laws 1929, and all other acts and parts of acts in conflict herewith are hereby repealed.

[Assembly Bill No. 165–Committee on Education]

Chap. 159–An Act to equalize educational opportunities in rural schools by providing aid therefor under certain conditions; to create a state fund to be known as the “Aid to Rural School” fund; to authorize a state tax levy and an appropriation; and other matters properly relating thereto.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  There is hereby established a fund in the state treasurer’s and state controller’s offices to be known as the fund for “Aid to Rural Schools” which will be made up of all moneys received from the following sources:

      1.  An ad valorem tax of five (5) mills on the hundred dollars of all taxable property in the state to be annually collected at the same time and in the same manner as other state taxes are collected, commencing January 1, 1943;

      2.  Any appropriation made by the legislature for the purpose of aiding rural schools;

      3.  All donations, legacies, gifts, and bequests which may be made to said fund and all moneys which shall be obtained or contributed for the same purposes from other sources;

      4.  Any money received from any federal agencies specifically for assistance to rural schools.

      Sec. 2.  The terms “rural school” or “rural school district” as used in this act shall mean a school district employing not more than two full-time teachers, and does not apply to districts within a consolidated, joint, or union school district.

      Sec. 3.  Any rural school district, in order to be eligible for assistance and participation in the fund herein established shall:

      1.  Have levied for the then current school year a district tax of twenty-five (25¢) cents;

      2.  Maintain the school, for which participation is requested, for a period of nine months during the then current school year;

      3.  On or before the fifteenth of March 1944, and each year thereafter, file with the superintendent of public instruction a request for aid, which request shall be accompanied by a copy of the budget for the then current school year and by a statement from the county assessor showing the assessed valuation of the district and the school district tax levy for the then current school year.

      Sec. 4.  There is hereby appropriated from the general fund the sum of five thousand ($5,000) dollars to be placed in the said “Aid to Rural School” fund, and the state controller is hereby directed to issue his warrant, and the state treasurer to pay the same, to the county treasurers for the credit of the rural schools specified upon orders of the superintendent of public instruction.

Rural schools fund established

Definition of rural schools

Eligibility for assistance

General fund appropriation

Payments, how determined

In effect

in the said “Aid to Rural School” fund, and the state controller is hereby directed to issue his warrant, and the state treasurer to pay the same, to the county treasurers for the credit of the rural schools specified upon orders of the superintendent of public instruction.

      Sec. 5.  The superintendent of public instruction is hereby authorized to order payments from the “Aid to Rural School” fund. The amount of aid paid to any rural school shall be determined as follows:

      1.  Upon receipt of the request for aid, accompanied by a copy of the budget and statement of the assessed valuation specified in section 3 hereof, the superintendent of public instruction shall determine the amount available from all sources for the support and maintenance of the rural school for the then current school year;

      2.  The amount needed for the transportation of pupils shall be deducted from the total amount available for the support and maintenance of the rural school;

      3.  The amount to be paid as aid to the rural school shall be the difference between fifteen hundred ($1,500) dollars in the case of a one-teacher school and three thousand ($3,000) dollars in the case of a two-teacher school and the amount determined in part two of this section to be available for the support and maintenance of the rural school for the then current school year after deducting the cost of transporting pupils;

      4.  The amount of aid thus determined to be necessary in order to guarantee to each rural school applying for aid the sum provided in subparagraph 3 of this section shall be paid to the county treasurer for the account of the rural school as soon as practicable after the fifteenth of March.

      Sec. 6.  This act shall be in full force and effect from and after its passage and approval.

Supplemental appropriation

[Assembly Bill No. 151–Committee on Ways and Means]

Chap. 160–An Act to provide for additional and supplemental appropriation for the dental hygiene section of the state board of health in cooperation with the federal government.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  There is hereby appropriated out of any funds in the state treasury of the State of Nevada, not otherwise specifically allotted, the sum of six thousand ($6,000) dollars as an additional and supplemental appropriation to that allowed in the budget for the support of the dental hygiene division of the state board of health, in cooperation with the federal government.

as an additional and supplemental appropriation to that allowed in the budget for the support of the dental hygiene division of the state board of health, in cooperation with the federal government.

[Senate Bill No. 77–Committee on Education, State Library, and Public Morals]

Chap. 161–An Act authorizing the boards of trustees of certain school districts of the State of Nevada to consolidate the emergency loan fund and general school fund of such districts and from such consolidated funds to repay unpaid principal and accrued interest thereon on loans previously incurred by such districts, under authority of the state board of finance, in anticipation of federal funds provided for the operation and maintenance of school facilities in national defense areas; to deposit funds received for the operation and maintenance of school facilities in national defense areas; to deposit funds received for the operation and maintenance of such school districts in the general school fund; and other matters relating thereto.

[Approved March 24, 1943]

      Whereas, The Duck Creek, Railroad Pass, and Paradise school districts of Clark County, Nevada, Toiyabe school district of Nye County, and Tungsten school district of Pershing County, have, during the past two years, sought authorization from the state board of finance to incur emergency loans to pay teachers’ salaries and operating expenses of their schools, while applications were pending before the federal works agency for maintenance and operation funds for these schools from the federal government under public law No. 137, enacted to provide, among other things, school facilities in national defense areas; and

      Whereas, In anticipation of the receipt of said federal funds, the state board of finance approved the incurring of such emergency loan, and these school districts thereupon borrowed from various sources the amount so authorized on properly executed notes, and planned to repay the loans from funds to be received from the federal government for said operation and maintenance, including teachers’ salaries, of said schools; and

      Whereas, The federal government has now granted the applications of these several school districts, or will so grant within the present school year, and has forwarded, or will soon forward, to the school districts above named, funds for the operation of said schools, and, since the money so borrowed can be repaid, with interest as specified in the notes executed by the school boards, from the school district funds when said federal funds are deposited to the credit of the several school districts, thus eliminating the necessity of levying special emergency loan taxes to repay said loans; now, therefore,

Preamble

Certain schools to consolidate funds

Disposal of funds

Duties of school trustees

In effect

of the several school districts, thus eliminating the necessity of levying special emergency loan taxes to repay said loans; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The boards of trustees of the Duck Creek, Railroad Pass, and Paradise school districts of Clark County, of the Toiyabe school district in Nye County, and the Tungsten school district in Pershing County, and such other school districts in the State of Nevada as, during the present war emergency, may come within the purview of public law No. 137, or other federal acts providing school facilities in national defense areas, are hereby authorized and empowered to consolidate their emergency loan fund with their general school fund, said funds after consolidation to be designated as general school funds of said districts, respectively.

      Sec. 2.  Funds received by such school districts as grants under the provisions of public law No. 137 or other federal acts providing school facilities in national defense areas shall be placed in the respective general school funds.

      Sec. 3.  On receipt of the federal funds allocated to any of the districts above enumerated or described, the board of trustees of such district is hereby authorized and directed to repay from their general school funds in full, together with interest thereon at the rate specified in the note evidencing such loan, the emergency loan theretofore incurred in anticipation of the receipt of federal funds for the maintenance and operation of such school district.

      Sec. 4.  This act shall be in full force and effect from and after its passage and approval.

[Senate Bill No. 82–Senator Tognoni]

Chap. 162–An Act to amend an act entitled “An act to regulate proceedings in criminal cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, as amended.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 178 of the above-entitled act, being section 10826 of the 1929 N. C. L., is hereby amended so as to read as follows:

      Section 178.  The grand jury must inquire into the case of every person imprisoned in the jail of the county, on a criminal charge, and not indicted; into the condition and management of the public prisons within the county; into the willful and corrupt misconduct in office of public officers of every description within the county; may inquire into any and all matters affecting the morals, health, and general welfare of the inhabitants of the county, or of any administrative division thereof, or of any township, incorporated city, irrigation district, or town therein.

      Sec. 2.  Section 180 of the above-entitled act, being section 10828 of the 1929 N. C. L., is hereby amended so as to read as follows:

      Section 180.  The grand jury may, at all reasonable times, ask the advice of the court, or any member thereof, and of the district attorney. Unless his advice be asked, no member of the court shall be permitted to be present during the session of the grand jury. The district attorney shall be allowed, at all times, to appear before the grand jury, on his request, for the purpose of giving information or advice relative to any matter cognizable by them, and may interrogate witnesses before them when they shall deem it necessary. Except the district attorney, and such other persons as the grand jury may require to be present, no person shall be permitted to be present before the grand jury besides the witness actually under examination, and no person shall be permitted to be present during the expression of their opinions or the giving of their votes upon any matter before them.

      The grand jury shall have the power, with the consent of the board of county commissioners, to engage the services of an attorney other than and in addition to the district attorney, certified public accountants, and such other skilled persons as may be necessary in the performance of its inquisitorial powers.

      Sec. 3.  This act shall be effective immediately upon its passage and approval.

Duties of grand jury

Grand jury sessions, who may attend

Grand jury may employ assistants

In effect

N.C.L. supplement declared legal

Designation of supplement

In effect

[Senate Bill No. 93–Committee on Judiciary]

Chap. 163–An Act declaring the statutes of the State of Nevada published under the title of “Nevada Compiled Laws Supplement 1931-1941” to be legal evidence of the law therein contained, and other matters properly connected therewith.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  That certain compilation of laws of the State of Nevada published under the title of “Nevada Compiled Laws Supplement 1931-1941,” the same supplementing and bringing to date the Nevada Compiled Laws of 1929, as the same has been compiled and annotated by Bender-Moss Company in two volumes, said supplement having been approved by the board of governors of the state bar of Nevada, shall be legal evidence of the law therein contained in all the courts of this state, but shall not preclude reference to, or control in case of any difference, the force or effect of any original act as passed by the legislature of this state.

      Sec. 2.  The compilation referred to in section 1 hereof shall be known and designated as “1931-41 Supplement of Nevada Compiled Laws of 1929,” and for purpose of brevity may be cited as “1929 N. C. L. 1941 Supp.”

      Sec. 3.  This act shall become effective from and after its passage and approval.

[Senate Bill No. 97–Committee on Education, State Library and Public Morals]

Chap. 164–An Act to amend an act entitled “An act to accept the benefits of an act passed by the senate and house of representatives of the United States of America in Congress assembled, to provide for the promotion of vocational rehabilitation of persons disabled in industry, or otherwise, and their return to civil employment, approved June 2, 1920,” approved March 28, 1919, as amended.

[Approved March 24, 1943]

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 section 7774 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 2.  That the state board of vocational education is hereby designated as the state board for the purposes of the said act, and is hereby given all the necessary power to cooperate with the federal board for vocational education in the administration of the provisions of the act.

is hereby designated as the state board for the purposes of the said act, and is hereby given all the necessary power to cooperate with the federal board for vocational education in the administration of the provisions of the act.

      Sec. 2.  Section 3 of the above-entitled act is hereby amended to read as follows:

      Section 3.  It shall be the duty of the state board of vocational education to act jointly with the industrial commission in the administration, supervision, designation, and support of the courses in vocational rehabilitation to be provided in carrying out the provisions of this act.

      Sec. 3.  Section 7 of the above-entitled act is hereby amended to read as follows:

      Section 7.  The state board of vocational education is hereby authorized and empowered to receive such gifts and donations, either from public or private sources, as may be offered unconditionally or under such conditions related to the vocational rehabilitation of persons disabled in industry or otherwise as are proper and consistent with the provisions of this act. All moneys received as gifts or donations shall be deposited in the state treasury and shall constitute a permanent fund to be called the special maintenance fund for the vocational rehabilitation of disabled persons, to be used to defray the expenses of vocational rehabilitation in special cases of persons undergoing reeducation and training.

      Sec. 4.  This act shall take effect immedately upon its passage and approval.

To cooperate with federal board

Board to act jointly with industrial commission

Board to receive gifts or donations

In effect

[Senate Bill No. 100–Senator Russell]

Chap. 165–An Act to provide for the dismissal of actions for want of prosecution, on motion of the defendant, or in the discretion of the court on its own motion, in certain cases, and specifying the time for said dismissals, and other matters in connection therewith.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  The court may in its discretion dismiss any action for want of prosecution on motion of the defendant and after due notice to the plaintiff, whenever plaintiff has failed for two years after action is filed to bring such action to trial. Any action heretofore or hereafter commenced shall be dismissed by the court in which the same shall have been commenced or to which it may be transferred on motion of the defendant, after due notice to plaintiff or by the court upon its own motion, unless such action is brought to trial within five years after the plaintiff has filed his action, except where the parties have stipulated in writing that the time may be extended.

When judge may dismiss action

When judge may dismiss action

Repeal

In effect

trial within five years after the plaintiff has filed his action, except where the parties have stipulated in writing that the time may be extended. When, in any action after judgment, a motion for a new trial has been made and a new trial granted, such action shall be dismissed on motion of defendant after due notice to plaintiff, or by the court of its own motion, if no appeal has been taken, unless such action is brought to trial within three years after the entry of the order granting a new trial, except when the parties have stipulated in writing that the time may be extended. When in an action after judgment, an appeal has been taken and judgment reversed with cause remanded for a new trial (or when an appeal has been taken from an order granting a new trial and such order is affirmed on appeal), the action must be dismissed by the trial court on motion of defendant after due notice to plaintiff, or of its own motion, unless brought to trial within three years from the date upon which remittitur is filed by the clerk of the trial court.

      Sec. 2.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall be in full force and effect July 1, 1943.

Duties of board of trustees

[Senate Bill No. 40–Senator Russell]

Chap. 166–An Act to amend an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, together with the acts amendatory thereof or supplemental thereto.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 65 of the above-entitled act, being section 5713 N. C. L. 1929, as amended by chapter 92 of the 1939 Statutes of Nevada, is hereby amended to read as follows:

      Section 65.  It shall be the duty of the board of trustees, a majority of whom shall constitute a quorum for the transaction of business, to meet on the first Monday after the third Saturday of March following their election, or as soon as practicable thereafter, after taking the oath of office, at such place as may be most convenient in the district, and to organize by electing one of their number president of the board and another as clerk. It shall be the duty of the president to preside at the meetings of the board. It shall be the duty of the clerk to record the proceedings of the board in a book to be provided for the purpose, and all such proceedings, when so recorded, shall be signed by such clerk.

proceedings, when so recorded, shall be signed by such clerk. Said book shall at all times be subject to the inspection of the deputy superintendent of public instruction and of any taxpayer in the district. In districts of the second class regularly employing eight or more full-time elementary grade teachers the clerk of the board of trustees may receive such salary as said board may allow; provided, that such salary shall not exceed twenty-five dollars per month; provided, that in districts having a school census population of one thousand or more the clerk of the board of trustees shall receive a salary not to exceed fifty dollars per month; provided, that in case of county boards of education having control of not less than three county high schools within their county, at the discretion of the county board of education, the clerk may receive a salary of not more than seventy-five dollars per month.

      Sec. 2.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall become effective from and after its passage and approval.

Duties of clerk; compensation

Repeal

In effect

[Senate Bill No. 79–Committee on Ways and Means]

Chap. 167–An Act to amend section 3 of an act entitled “An act prohibiting the allowance of excessive claims against any fund, or of claims against any fund of this state, when there shall be insufficient or no funds in said fund, by any officer, commissioner, head of any department, or employee in the State of Nevada, providing a penalty for a violation thereof, and other matters properly connected therewith,” approved April 2, 1929, as amended by chapter 187, 1941 Statutes of Nevada.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 3 of the above-entitled act, being Nevada Compiled Laws 1929, section 7051, as amended, is hereby amended so as to read as follows:

      Section 3.  Nothing in this act shall be held to apply to necessary expenses or costs of suppressing insurrections, or of defending the state, or of assisting in defending the United States in time of war, or in preparing therefor, or for either thereof, or in repairing injury done to state property by catastrophies, fires, storms, or acts of God, or in preventing or preparing to prevent great and imminent danger thereof, and for which there is no sufficient appropriation. When the state board of examiners finds, after diligent inquiry and examination, that great necessity and extreme emergency exists for the expenditure of unappropriated money out of the state treasury on account of either or any of such events, such state board of examiners may then, and only then, declare the existence of such an emergency and great and immediate necessity for the expenditure of not to exceed twenty-five thousand ($25,000) dollars, and set aside or allocate the same out of any unappropriated money in the general fund in the state treasury and pay for such necessary expenses or costs, claims for which shall be prepared, presented, and paid in the manner provided generally for the payment of claims against the state.

Emergency appropriation, how created

Emergency appropriation, how created

Repeal

In effect

inquiry and examination, that great necessity and extreme emergency exists for the expenditure of unappropriated money out of the state treasury on account of either or any of such events, such state board of examiners may then, and only then, declare the existence of such an emergency and great and immediate necessity for the expenditure of not to exceed twenty-five thousand ($25,000) dollars, and set aside or allocate the same out of any unappropriated money in the general fund in the state treasury and pay for such necessary expenses or costs, claims for which shall be prepared, presented, and paid in the manner provided generally for the payment of claims against the state.

      Sec. 2.  All acts or parts of acts insofar as they are in conflict herewith are hereby repealed.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

Preamble

[Senate Bill No. 103–Committee on Ways and Means]

Chap. 168–An Act for the relief of Hugh A. Shamberger.

[Approved March 24, 1943]

      Whereas, Hugh A. Shamberger was appointed director of the Nevada state council of defense on a voluntary basis on May 8, 1941, and has served in that capacity down to and including the present date; and

      Whereas, From May 8, 1941, to July 1, 1941, he expended one hundred and fifty ($150) dollars on necessary traveling and living expenses in connection with the Nevada council of defense, for none of which expenditures he has been reimbursed; and

      Whereas, From July 1, 1941, to March 1, 1943, he has expended the sum of two thousand five hundred thirty-one dollars and eighty-seven cents ($2,531.87) on necessary traveling and living expenses in connection with the Nevada council of defense for which expenditures he has been reimbursed from the State of Nevada in the sum of one thousand eight hundred eighty-one dollars and eighty-seven cents ($1,881.87), leaving a balance of money personally expended by him of six hundred fifty ($650) dollars; and

      Whereas, The executive committee of the state council of defense has approved the afore-mentioned bills for the relief of the state director; and

      Whereas, The state board of examiners has rejected said claims because there are no appropriations and no statutory authority for their allowance; and

      Whereas, Such claims are in all respects just and fair in order to reimburse the state director for actual expenditures which he has made in performing his voluntary work; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of eight hundred ($800) dollars is hereby appropriated out of any money in the general fund of the state treasury, not otherwise appropriated, and the state controller is hereby directed to draw his warrant in favor of Hugh A. Shamberger, and the state treasurer is directed to pay the same in the sum of eight hundred ($800) dollars.

      Sec. 2.  This act shall be in full force and effect from and after its passage and approval.

Relief appropriation

In effect

[Senate Bill No. 104–Senators Dressler and Robbins]

Chap. 169–An Act providing for the construction and installation of elevator facilities in the state capitol at Carson City, Nevada, making an appropriation therefor, and other matters properly related thereto.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  There is hereby appropriated out of any funds in the state treasury of the State of Nevada, not otherwise specifically appropriated, the sum of twenty thousand ($20,000) dollars to provide for the construction and installation of proper and adequate elevator facilities in the state capitol at Carson City, Nevada.

      Sec. 2.  Upon the passage and approval of this act, the state board of control of the State of Nevada is hereby authorized and directed to proceed with the construction and installation of said elevator facilities as provided in this act at such time as conditions permit the purchase and installation of the necessary machinery, equipment, and supplies through normal trade channels.

      Sec. 3.  The state board of control is hereby authorized and directed to draw orders against the fund created by section 1 of this act in payment for the construction and installation of said elevator facilities as provided in this act, and the state controller, upon receipt of such orders, shall draw his warrant therefor and the state treasurer shall pay the same to the person or persons, firm or corporation indicated in said orders.

Appropriation for elevator

Duty of board of control

Authorization of payment

In effect

the same to the person or persons, firm or corporation indicated in said orders.

      Sec. 4.  This act shall be in effect from and after its passage and approval.

School lunch projects authorized

In effect

[Senate Bill No. 65–Senator Cox]

Chap. 170–An Act to amend section 142 of an act entitled “An act concerning public schools and repealing certain acts relating thereto,” approved March 20, 1911, as amended.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 142 of the above-entitled act, being section 5790 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 142.  The board of trustees, or board of education, of each city, town and district, may use the moneys from the county school funds to purchase sites, build, or rent schoolhouses, to purchase libraries, and to pay teachers or contingent expenses as they may deem proper, or for transportation of pupils to and from school; provided, that such expenditures do not curtail the established school program or make it necessary to shorten the school term, said boards of trustees or boards of education may expend school funds for the establishment and maintenance of school lunch projects for pupils, and shall charge at least the actual cost of such lunches to those pupils whose parents are financially able to pay therefor.

      Sec. 2.  This act shall be effective from and after its passage and approval.

[Senate Bill No. 107–Committee on Judiciary]

Chap. 171–An Act to amend an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, as amended.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act, being an act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, is hereby amended by adding thereto a new section to be known as section 513 1/2, to follow immediately after section 513 of said act, being section 9002 N.

hereby amended by adding thereto a new section to be known as section 513 1/2, to follow immediately after section 513 of said act, being section 9002 N. C. L. 1929, which section shall read as follows:

      Section 513 1/2.  When the deposition to be taken is that of a party to an action, as prescribed in the two preceding sections, and such party resides outside this state, or his whereabouts in this state is unknown, so that personal service of process cannot be made, the court shall, in its discretion, upon proof of such facts by affidavit, or otherwise, stay any and all proceedings on the part of the party whose deposition is to be taken, until said party submits to the taking of his deposition, and may make such other or further orders as may appear appropriate and in furtherance of justice.

      Sec. 2.  This act shall become effective from and after its passage and approval.

Procedure when personal summons cannot be made

In effect

[Senate Bill No. 109–Senator Johnson]

Chap. 172–An Act to amend an act entitled “An act to regulate the compensation of officers in the county of Ormsby and to fix the fees which may be charged by them,” approved March 5, 1887.

[Approved March 24, 1943]

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

Assembly, do enact as follows:

      Section 1.  Section 3 of the above-entitled act is hereby amended to read as follows:

      Section 3.  The recorder of Ormsby county shall be entitled to fees as follows: For receiving, filing, and entering documents required to be recorded, twenty-five cents; for filing and entering any paper not to be recorded, fifty cents; for making all necessary indexes to each paper filed or recorded, for each name to be indexed, fifty cents; for recording any instrument, paper, or document, for each folio, thirty cents; for every certificate under seal, one dollar; for every entry of discharge or mortgage on the margin of records, fifty cents; for abstract of title, for each document embraced thereby, one dollar; for searching records and files, for each document necessarily examined, fifty cents; for recording any survey, or map, other than town plat, for each course, fifty cents; for recording town plat, for each lot or separate subdivision exhibited thereby, twenty-five cents; for each folio of lettering or figuring therein, or in the certificate and description of the same, one dollar; for recording certificates of marriage, death, divorce, or birth, one dollar; for copy of any record or document in his office, the same fees as for recording; for certified copy of marriage certificate, one dollar; for taking acknowledgment, including certificate and seal, for first signature, one dollar, for each additional signature, twenty-five cents; for recording or copying any paper in a foreign language, double the fees as when in English; no map or plates shall be recorded exceeding in size two folios of the usual sized records; for preparing the abstract of unsatisfied mortgages required by the board of equalization, for each, twenty-five cents.

Fees of Ormsby County recorder

Fees of Ormsby County recorder

In effect

one dollar; for copy of any record or document in his office, the same fees as for recording; for certified copy of marriage certificate, one dollar; for taking acknowledgment, including certificate and seal, for first signature, one dollar, for each additional signature, twenty-five cents; for recording or copying any paper in a foreign language, double the fees as when in English; no map or plates shall be recorded exceeding in size two folios of the usual sized records; for preparing the abstract of unsatisfied mortgages required by the board of equalization, for each, twenty-five cents. All fees received by the recorder and ex officio auditor under the provisions of this act shall be by him paid into the general fund of Ormsby County.

      Sec. 2.  This act shall be in full force and effect from and after its passage and approval.

Appropriation for mental hospital

Duty of commissioners