[Senate Bill No. 1–Senator Cox]

Chapter 1–An Act to create a legislative fund.

[Approved January 21, 1947]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of paying mileage and the per diem of members of the present legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise appropriated, the sum of one hundred thousand dollars ($100,000), which shall constitute the legislative fund.

      Sec. 2.  The state controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the senate and assembly for per diem, mileage, stationery allowances, compensation, and incidental expenses of the respective houses, when properly certified to in accordance with law, and the state treasurer is hereby authorized and required to pay the same.

      Sec. 3.  All moneys remaining in said fund at the adjournment of the legislature shall revert to the general fund.

      Sec. 4.  This act shall be in effect immediately upon its passage and approval.

Legislative appropriation $100,000

Duties of controller and treasurer

Reversion

In effect

Printing of journals of senate and assembly

Repeal

In effect

[Assembly Bill No. 2–Committee on Rules]

Chap. 2–An Act to amend an act entitled “An act to establish a state printing office, and to create the office of superintendent of state printing,” approved March 11, 1879, 138, as amended.

[Approved January 24, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 19 of the above-entitled act, being section 7482, Nevada Compiled Laws of 1929, is hereby amended to read as follows:

      Section 19.  The superintendent of state printing shall print in book form separately a sufficient number of copies to supply the members and officers of both houses daily during the session with the journal of the previous day’s proceedings of each house. The secretary of the senate and the chief clerk of the assembly shall determine the number of copies necessary for their respective houses. Such number of copies as is required by law shall be printed, indexed, and bound in book form at the end of the session of the legislature, and the volumes shall be delivered to the secretary of state. The secretary of the senate and the chief clerk of the assembly shall direct the compilation of the indexes, and shall deliver the completed journal indexes to the superintendent of state printing. Such bound volumes shall constitute the journals of the senate and assembly. One copy of the daily journal of each house, upon its approval by the house, shall be authenticated as so approved by the presiding officer, and secretary or chief clerk as the case may be. Upon final adjournment of the legislature the authenticated copies of the daily journal of each house for the entire session shall be properly bound in separate volumes and deposited in the office of the secretary of state as the official journals of both houses of the legislature.

      Sec. 2.  All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

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

[Assembly Bill No. 1–Committee on Rules]

Chap. 3–An Act to amend an act entitled “An act providing for the printing and enrolling of legislative bills and resolutions, and other matters relating thereto,” approved January 27, 1915, as amended.

[Approved January 24, 1947]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act, being sections 7293-7298 N. C. L. 1929, as amended, is hereby amended by the insertion of a new section, to be known as section 3a, that will read as follows:

      Section 3a.  Bills to amend existing statutes shall contain reference to paragraphs of Nevada Compiled Laws of 1929 with supplements, or to chapters and pages of subsequent statutes, in the body of the bill rather than the title. New matter shall be indicated by underscoring in the typewritten copy, and italics in the printed copy. Matter to be omitted shall be indicated by parentheses with the word “omitted” immediately preceding the omitted portion of the statute in the typewritten copy, and brackets or strike-out type in the printed copy.

      Sec. 2.  Section 4 of the above-entitled act, being section 7288 N. C. L. 1929, is hereby amended by striking out all of section 4, and substituting in lieu thereof the following:

      Section 4.  All bills amended by either house shall be immediately reprinted. New matter shall be indicated by underscoring in the typewritten copy, and italics in the printed copy. Matter to be omitted shall be indicated by parentheses with the word “omitted” immediately preceding the omitted portion of the statute in the typewritten copy, and brackets or strike-out type in the printed copy. When a bill is amended in either house, the first or previous markings shall be omitted. However, in the cases of bills over thirty-two pages in length, amendments to the titles and preambles of bills, amendments to correct typographical errors, and other amendments which do not change the meaning, intent, or significance of a bill, the reprinting of the bill may be dispensed with on motion carried by a two-thirds majority of the members present. If the reprinting is so dispensed with, the amendments may be inserted by hand in the buff copy of the printed bill, but the authenticity of each amendment shall be established by indorsement, such indorsement to consist of initials signed on the margin near each amendment by the secretary of the senate or the chief clerk of the assembly as the case may be.

      Whenever a bill or resolution which shall have been passed in one house shall be amended in the other, it shall immediately be reprinted as amended by the house making such amendment or amendments.

Reference to N. C. L. 1929

Amended bills reprinted

Exception

Reprinting by house amending bill

Exception

Daily printing history of bills and files

Binding daily history

Repeal

In effect

in one house shall be amended in the other, it shall immediately be reprinted as amended by the house making such amendment or amendments. Such amendment or amendments shall be attached to the bill or resolution so amended, and indorsed “adopted” and such amendment or amendments, if concurred in by the house in which such bill or resolution originated, shall be indorsed “concurred in” and such indorsements shall be signed by the secretary of the senate or the chief clerk of the assembly as the case may be. However, in the cases of bills over thirty-two pages in length, amendments to the titles and preambles of bills, amendments to correct typographical errors, and other amendments which do not change the meaning, intent, or significance of a bill, the reprinting of the bill may be dispensed with on motion carried by a two-thirds majority of the members present, but such amendment must be concurred in by the house in which such bill originated. If the reprinting is so dispensed with, the amendments may be inserted by hand in the buff copy of the printed bill, but the authenticity of each amendment shall be established by indorsement, such indorsement to consist of initials signed on the margin near each amendment by the secretary of the senate or the chief clerk of the assembly as the case may be.

      Sec. 3.  Section 5 of the above-entitled act, being section 7297 N. C. L. 1929, is hereby amended by adding a new subsection to be known as section 5h, to read as follows:

      Section 5h.  Each house shall cause to be printed once every legislative day, during the session, a complete history of all bills, joint, concurrent, and house resolutions originating in or acted upon by the respective houses. Such history shall show the action taken upon each measure up to and including the legislative day preceding its issuance. A daily file of bills ready for consideration shall be printed each legislative day for each house, along with the daily history. The secretary of the senate and chief clerk of the assembly shall determine the form and the number of copies for their respective houses.

      Upon the final adjournment of the legislature, one of the final copies of the daily history of bills for each house shall be properly bound in separate volumes and deposited in the office of the secretary of state as the official histories of bills of both houses of the legislature.

      Sec. 4.  All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

      Sec. 5.  This act shall take effect immediately after its passage and approval.

[Assembly Bill No. 4–White Pine County Delegation]

Chap. 4–An Act authorizing the trustees of the East Ely school district in White Pine County to advertise for and enter in a contract to rebuild the East Ely school building on a cost-plus-a-fee basis.

[Approved February 7, 1947]

      Whereas, The elementary school building in the East Ely, White Pine County, school district has been totally destroyed by fire; and

      Whereas, The school district has secured by bond issue sufficient funds to reconstruct said building; and

      Whereas, The trustees of said district have advertised on two separate occasions for bids to construct said building; and

      Whereas, No bids were received on a lump-sum contract, the reason given by contractors was the unstable market for labor and materials existing at the present time, but two bids were received on a cost-plus basis; and

      Whereas, An emergency exists for which there is no remedy under the general law; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The trustees of the East Ely school district, White Pine County, are hereby authorized to proceed with the construction of said school building, without further advertising, and to receive proposals and enter into contracts on the basis of such proposals for the construction of said school building for said school district, said contracts to be based on the so-called cost-plus-a-fee basis on the estimated total cost of said building in the sum of eighty-one thousand dollars ($81,000).

      Sec. 2.  The trustees may in their discretion award the contracts either to the bidder submitting the lowest maximum cost agreement, or to the bidder proposing to do the work for the lowest contractor’s fee.

      Sec. 3.  The provisions applicable to general contracts requiring a bond for the protection of labor and materialmen shall not be considered as applicable to the cost-plus-a-fee contract where all labor and material bills are paid directly by the school district, but a bond shall be required for the faithful performance of the contract.

      Sec. 4.  This act is declared to be an emergency measure and shall take effect immediately upon its passage and approval and shall expire by limitation on September 30, 1948

Preamble

Construction school building, cost-plus basis

Trustees award contract

No labor bond

Emergency measure expiration

Eureka county salaries

Sheriff salary; may appoint deputy

District attorney salary

County clerk ex officio treasurer salary

[Senate Bill No. 16–Senator Murray]

Chap. 5–An Act fixing the salaries and compensations of the officers and deputies of Eureka County, and repealing all acts or parts of acts in conflict with this act.

[Approved February 17, 1947]

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

Assembly, do enact as follows:

      Section 1.  From and after the approval of this act the county officers and deputies of Eureka County, State of Nevada, named in this act, shall receive the following salaries and fees, in full compensation for their services:

      Sec. 2.  The sheriff shall receive a salary of two thousand seven hundred dollars per annum, and such fees in civil cases, wherein the State of Nevada or the county of Eureka is not a party, as are provided for by law; provided, that when in criminal cases it becomes necessary for the sheriff to travel a greater distance than twenty miles from the county seat, but within the State of Nevada, he shall be allowed his necessary traveling expenses. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and may allow such claims in the same manner as other county expenses are audited and paid. He may appoint a deputy sheriff, who shall act as a jailor, at a compensation not exceeding two hundred dollars per month.

      Sec. 3.  The district attorney shall receive a salary of three thousand dollars per annum, and such fees as are now allowed by law; provided, that when in proper discharge of his duties as district attorney it becomes necessary to travel a greater distance than twenty miles from the county seat he shall be allowed his actual traveling expenses. The district attorney shall present to the board of county commissioners a bill of such necessary expenses actually incurred, and the board of county commissioners shall audit and may allow such claims in the same manner as other expenses are audited and allowed.

      Sec. 4.  The county clerk, who shall be ex officio county treasurer in and for said county and ex officio clerk of the district court and of the board of county commissioners of said county, shall receive as a salary as treasurer the sum of one thousand nine hundred and fifty dollars per annum, and as clerk a salary of seven hundred and fifty dollars per annum, and such fees, in all cases wherein the State of Nevada, or the county of Eureka is not a party, as are now allowed by law to county clerks.

      Sec. 5.  The county recorder and ex officio county auditor shall receive for all such services a salary of two thousand seven hundred dollars per annum, and in addition thereto such fees, in all cases wherein the State of Nevada or the county of Eureka is not a party, as are now allowed by law to the county recorder.

shall receive for all such services a salary of two thousand seven hundred dollars per annum, and in addition thereto such fees, in all cases wherein the State of Nevada or the county of Eureka is not a party, as are now allowed by law to the county recorder.

      Sec. 6.  The county assessor shall receive a salary of two thousand seven hundred dollars per annum; provided, that when in the proper discharge of his duties as assessor it becomes necessary to travel a greater distance than three miles from the county seat he shall be allowed his actual traveling expenses. The assessor shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and may allow such claim in the same manner as other expenses are audited and allowed.

      Sec. 7.  The county commissioners shall receive a salary of twelve hundred dollars per annum and ten cents per mile in going to and from the county seat when attending upon the regular monthly meeting, as a board of equalization and board of canvassers, and when meeting to consider cases of extradition, as provided by law.

      Sec. 8.  In case of emergency, the sheriff, the district attorney, the county clerk and ex officio county treasurer, the county recorder and ex officio auditor, and the county assessor may each be allowed one deputy to be named by the respective officer, upon receiving the majority approval of the board of county commissioners. The deputies so named shall receive not to exceed two hundred dollars per month, and shall be hired for such time as the board of county commissioners may direct.

      Sec. 9.  All salaries herein provided for shall be payable in equal monthly installments.

      Sec. 10.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 11.  This act shall become effective from and after its and approval.

County recorder ex officio auditor salary

County assessor salary

County commissioners salary

Deputies salaries

Monthly payments

Repeal

In effect

Bond issue validated

Organization union district confirmed

Bonds payable from taxes

[Senate Bill No. 22–Senator Baker]

Chap. 6–An Act validating the proceedings had in the authorization of $950,000 bonds of Las Vegas Union School District, Clark County, Nevada, on behalf of Clark County educational district number 2, and $550,000 bonds of said Las Vegas grammar school district number 12, validating said bonds when issued, providing for the issuance and payment thereof, and giving priority to the taxes to be levied for the payment of such bonds, and validating the organization of said three school districts.

[Approved February 19, 1947]

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

Assembly, do enact as follows:

      Section 1.  All proceedings heretofore had in connection with the authorization of $950,000 high school bonds of Las Vegas union school district, Clark County, Nevada, to be issued on behalf of Clark County educational district number 2, and $550,000 Las Vegas grammar school bonds of Las Vegas union school district, Clark County, Nevada, to be issued on behalf of Las Vegas grammar school district number 12, which bonds were voted by the properly qualified electors of said respective districts at elections held in said districts on April 27, 1946, are hereby validated, ratified, and confirmed, regardless of any irregularities or failure to follow statutory requirements which may have occurred in such proceedings, and regardless of whether the board of education of Las Vegas union school district is the body legally empowered to authorize and issue such bonds, and said board of education is hereby authorized to sell, either at public or private sale, the bonds so authorized, and to do all things remaining necessary to the delivery and issuance of such bonds, and such bonds when delivered to the purchasers thereof and paid for shall and are hereby declared to constitute the valid and legally binding obligations of said school districts in accordance with the terms of such bonds and the proceedings so authorizing their issuance.

      Sec. 2.  The creation and organization of Las Vegas union school district, Las Vegas grammer school district number 12 and Clark County educational district number 2 are hereby validated, ratified, and confirmed, and said districts, with the boundaries fixed in the legislative acts and proceedings purporting to create said districts, are hereby found and declared to be valid and existing school districts with all rights and powers granted said districts by the laws of Nevada.

      Sec. 3.  So far as is legally possible within the limitations of section 2 of article X of the constitution of Nevada, the bonds herein validated and authorized to be issued, shall be payable as to both principal and interest from taxes fully sufficient for that purpose, to be levied on all taxable property within the boundaries of the respective districts in behalf of which they are to be issued, and without regard to any statutory tax limitations now or hereafter existing, it shall be the duty of the body charged with the levy of taxes in each such district, annually, in due season, to provide for the levy of taxes fully sufficient, after making due allowance for probable delinquencies, to assure the prompt payment of all such principal and interest as they become due.

payable as to both principal and interest from taxes fully sufficient for that purpose, to be levied on all taxable property within the boundaries of the respective districts in behalf of which they are to be issued, and without regard to any statutory tax limitations now or hereafter existing, it shall be the duty of the body charged with the levy of taxes in each such district, annually, in due season, to provide for the levy of taxes fully sufficient, after making due allowance for probable delinquencies, to assure the prompt payment of all such principal and interest as they become due. In any year in which the total taxes levied by all overlapping political subdivisions and taxing units in Clark County may exceed the limitation of five cents on the dollar imposed by section 2 of article X, aforesaid, and it shall become necessary by reason thereof to reduce the levies made in behalf of either or both of such school districts, the reduction so made shall be in taxes levied for such district or districts for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of such bonded indebtedness shall always enjoy a priority over taxes levied by such district or districts for all other purposes where reduction is necessary in order to comply with the limitations of said section 2 of article X.

      Sec. 4.  If any section or sections, clause or clauses, or provision or provisions hereof shall ever be held by any court of competent jurisdiction to be invalid or ineffective for any reason, the remainder of this act shall nevertheless remain in full force and effect, it being expressly hereby recited and provided that the remainder of this act would have been adopted by the legislature despite such invalidity or ineffectiveness.

      Sec. 5.  All acts and parts of acts in conflict herewith are to the extent of such conflict hereby repealed.

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

Priority of bond taxes

Constitutionality

Repeal

In effect

[Assembly Bill No. 21–Committee on Rules]

Chap. 7–An Act authorizing the state printer to maintain a bill filing and mailing room in order to distribute legislative publications, and other matters properly related thereto.

[Approved February 19, 1947]

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

Assembly, do enact as follows:

      Section 1.  It shall be the duty of the superintendent of state printing to maintain a bill filing and mailing room, to file all bills, resolutions, daily journals, and other papers as may be ordered by the senate or assembly, and to perform such duties in connection with the filing and distribution of bills, resolutions, daily journals, and other papers as may be required by law, or the rules or special orders of either house of the legislature.

State printer maintain filing and mailing room

Repeal

file all bills, resolutions, daily journals, and other papers as may be ordered by the senate or assembly, and to perform such duties in connection with the filing and distribution of bills, resolutions, daily journals, and other papers as may be required by law, or the rules or special orders of either house of the legislature.

      Sec. 2.  All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

Request to state printer for legislative bills

Payment therefor

Exception

[Assembly Bill No. 22–Committee on Rules]

Chap. 8–An Act authorizing the state printer to print and distribute bills and legislative publications, providing that the superintendent of state printing shall fix the cost of such bills and publications, providing for the free distribution of such bills and publications to certain agencies, providing for the payment of the expense thereof, and other matters properly related thereto.

[Approved February 19, 1947]

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

Assembly, do enact as follows:

      Section 1.  All requests for mailing or distribution of bills and legislative publications shall be filed with the superintendent of state printing, and he shall print a sufficient number of bills and legislative publications to supply such requests, together with such number as may be necessary for legislative requirements. No complete list of bills or other legislative publications shall be delivered except upon payment therefor of a sum fixed by the superintendent of state printing, nor shall more than two copies of any bill or other legislative publication be distributed free to any person, office, or organization, except to members of the legislature, the secretary of the senate, and the chief clerk of the assembly for the proper functioning of their respective houses; the legislative counsel bureau; offices of all elected state, county, schools, and municipal officials; offices of all state agencies and departments; justices and clerk of the supreme court; judges and clerks of the district courts; the library of congress; the library of the University of Nevada, and accredited members of the press. The superintendent of state printing shall fix the cost of such bills and publications, including postage, and such moneys as may be received by him shall be remitted to the state printing fund.

      Sec. 2.  All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

be in conflict with the provisions of this act are hereby repealed.

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

Repeal

In effect

[Assembly Bill No. 33–Washoe County Delegation]

Chap. 9–An Act authorizing the county treasurer and the county auditor of Washoe County, State of Nevada, to transfer certain funds now in the treasury of said county.

[Approved February 19, 1947]

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

Assembly, do enact as follows:

      Section 1.  Upon the passage and approval of this act it shall be the duty of the county auditor of Washoe County, Nevada, and the county treasurer of said county to transfer from the Reno school land acquisition fund to the Reno school building and sites fund the sum of nine thousand nine hundred and six dollars and eighty-one cents ($9,906.81).

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

Auditor and treasurer transfer fund

In effect

[Assembly Bill No. 14–Committee on Judiciary]

Chap. 10–An Act to amend an act entitled “An act relating to officers, their qualifications, times of election, terms of office, official duties, resignations, removals, vacancies in office, and the mode of supplying the same, misconduct in office, and to enforce official duty,” approved March 9, 1866, as amended.

[Approved February 19, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 44 of the above-entitled act, being section 4808 of the Nevada Compiled Laws of 1929, is hereby amended to read as follows:

      Section 44.  If, during the vacancy in the office of the governor, the lieutenant governor shall die, be impeached, displaced, resign, or become incapable of performing the duties of his office, or be absent from the state, the president pro tem. of the senate shall act as governor until the vacancy shall be filled or the disability shall cease.

      In case of the inability of the president pro tem. of the senate to act as governor in the event of a vacancy in the office of lieutenant governor, the speaker of the assembly shall be called upon to serve until the vacancy shall be filled.

Senate president pro tem. act as governor

Assembly speaker act as governor

Repeal

In effect

senate to act as governor in the event of a vacancy in the office of lieutenant governor, the speaker of the assembly shall be called upon to serve until the vacancy shall be filled. If the speaker of the assembly is ineligible or unable to act, the secretary of state shall be next in line of succession.

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

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

Duties of secretary of state in printing legislative acts, etc.

Attorney general prepare index and marginal notes

Duty of state printer

Repeal

In effect

[Assembly Bill No. 13–Committee on Judiciary]

Chap. 11–An Act to amend “An act to establish a state printing office, and to create the office of superintendent of state printing,” approved March 11, 1879, as amended.

[Approved February 19, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 18 of the above-entitled act, being section 7481 Nevada Compiled Laws of 1929 is hereby amended as follows:

      Section 18.  The secretary of state shall furnish to the superintendent of state printing, as soon as may be, and within three days from the time he receives the same from the governor, after approval, a copy of all acts, joint and concurrent resolutions and memorials passed at such session, and the superintendent of state printing shall print the number of copies as herein provided, and furnish printed sheets thereof to the attorney general, who shall, immediately upon the close of such session, make out and deliver to the superintendent of state printing an index and marginal notes of the same, and the superintendent of state printing shall, immediately upon the close of such session, print the said index and marginal notes and bind them in connection with the laws.

      The superintendent of state printing shall also furnish to each member of the senate and assembly, for distribution among their constituents, fifteen copies of the printed sheets of each act as printed, or if more than one act is printed at one time, then copies of the printed sheets of such series of acts. He shall also distribute one copy of said act or acts to each county clerk, county auditor, district judge, district attorney, and justice of the peace in the state.

      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 after its passage and approval.

[Assembly Bill No. 42–Committee on Claims]

Chap. 12–An Act for the relief of the Shell Oil Company.

[Approved February 19, 1947]

      Whereas, Shell Oil Company, Incorporated, has for more than twenty years last past imported gasoline into the State of Nevada for the purpose of marketing and distributing the same and has returned and paid the inspection fee of 1/20¢ per gallon provided by the Nevada petroleum products inspection act on account of such importation. During the period of world war II emergency, defense supplies corporation, an agency of the federal government, purchased all aviation gasoline produced by refiners in the United States, including that produced by Shell Oil Company, Incorporated, at its refineries at Martinez and Wilmington, California, at the refineries as and when produced, and allocated such aviation gasoline among the various branches of the armed forces of the United States in accordance with their respective needs, and transferred title and possession of the aviation gasoline at the refineries to the branches of the armed services in accordance with such allocation. In order to expedite delivery, each branch of the armed services concerned arranged with the particular refiner involved for use of the latter’s shipping facilities for the purpose of shipping its gasoline on government bills of lading to designated points of use. As part of the foregoing program, during the period from January 1943 to February 1945, 16,412,709 gallons of aviation gasoline belonging to the armed forces of the United States were shipped from the refineries of Shell Oil Company, Incorporated, at Martinez and Wilmington, California, to points in the State of Nevada. By error and inadvertence arising largely because of inability of Shell Oil Company, Incorporated, to secure experienced clerical help during the war emergency period, the members of the shipping departments of Shell Oil Company, Incorporated, at its Martinez and Wilmington, California, refineries, included in a single report as gasoline shipped by Shell Oil Company, Incorporated, the volume of government-owned gasoline and the volume of company-owned gasoline shipped from the refinery into the State of Nevada, and because of such error and inadvertence, Shell Oil Company, Incorporated, erroneously reported and paid to the State of Nevada during the aforesaid period as and for inspection fees under the Nevada petroleum products inspection act the sum of $8,206.35 on account of the aforesaid 16,412,709 gallons of gasoline shipped by the armed forces of the United States and in excess of the amount actually accruing and payable by it under such act, and the payment of such sum represents an overpayment by Shell Oil Company, Incorporated; and

Preamble

Preamble

Refund of gasoline tax

In effect

      Whereas, The error and overpayment was not discovered by Shell Oil Company, Incorporated, until the same was disclosed by an audit of its refinery shipping records made in April 1945; and

      Whereas, There is no law in the State of Nevada authorizing and permitting refund of overpayment of the Nevada petroleum products inspection fees, and the claim of Shell Oil Company, Incorporated, for refund of such overpayment, has been rejected by the state board of examiners of the State of Nevada for that reason; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of eight thousand two hundred six and 35/100 dollars ($8,206.35) 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 therefor in favor of Shell Oil Company, and the state treasurer is hereby directed to pay the same.

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

Act repealed

In effect

[Senate Bill No. 25–Senator Lattin]

Chap. 13–An Act to repeal an act entitled “An act to authorize the county commissioners of the several counties of this state to build or purchase buildings suitable for county purposes,” approved March 10, 1865.

[Approved February 28, 1947]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act, being sections 1991, 1992, and 1993 Nevada Compiled Laws of 1929, is hereby repealed.

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

[Assembly Bill No. 76–Mr. Carlson]

Chap. 14–An Act authorizing the county treasurer and the county auditor of White Pine County, State of Nevada, to transfer certain funds now in the treasury of said county.

[Approved February 28, 1947]

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

Assembly, do enact as follows:

      Section 1.  Upon the passage and approval of this act it shall be the duty of the county auditor of White Pine County, Nevada, and the county treasurer of said county to transfer from the White Pine County school of mines fund to the White Pine County high school fund the sum of three hundred fifty ($350) dollars, more or less.

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

Auditor and treasurer transfer fund

In effect

[Assembly Bill No. 73–White Pine County Delegation]

Chap. 15–An Act fixing the compensation of county officers in White Pine County, State of Nevada, and matters pertaining to the collection and disposition of fees arising from such offices, regulating the conduct thereof, and to repeal all acts and parts of acts in conflict therewith.

[Approved February 28, 1947]

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

Assembly, do enact as follows:

      Section 1.  The county officers of White Pine County, State of Nevada, named in this act, shall receive the following compensation in full for all their services in such offices.

      Sec. 2.  The district attorney shall receive a salary of three thousand six hundred ($3,600) dollars per annum, payable in equal monthly installments, for all his services as such officer. He may in addition have and retain all fees allowed by law when acting as ex officio public administrator. He may have such deputy or deputies, to be named by him, as the board of county commissioners of said White Pine County, by majority consent, may deem necessary, and at such time and for such time as they may direct. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county seat in performance of his official duties; provided, said expenses shall be first audited and allowed by the said board of county commissioners. The district attorney shall receive no fees or compensation other than as herein provided for the performance of his official duties.

White Pine county salaries

District attorney salary, fees, travel expense

Clerk salary; travel expense

Treasurer salary; travel expense

Recorder and auditor salary; travel expense

Assessor salary; deputies; travel expense

      Sec. 3.  The county clerk shall receive a salary of three thousand six hundred ($3,600) dollars per annum in equal monthly installments for all his services in said office, and may be allowed such deputies, to be named by him, as the board of county commissioners of said White Pine County, by majority consent, may deem necessary, at a salary to be fixed by the county commissioners. He shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expense shall be first audited and allowed by the board of county commissioners.

      Sec. 4.  The county treasurer and ex officio tax collector shall receive a salary of three thousand six hundred ($3,600) dollars per annum, payable in equal monthly installments, for all his services in said office, and may be allowed one deputy, to be named by him if the board of county commissioners of said White Pine County, by majority consent, may deem such deputy necessary, at a salary to be fixed by the county commissioners. He shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners.

      Sec. 5.  The county recorder and auditor of said county shall receive a salary of three thousand six hundred ($3,600) dollars per annum in equal monthly installments as compensation for all his services as such officer; he shall collect and pay into the county treasury of the county all such fees as are now provided for by law. He may be allowed such deputies, to be named by him, as the board of county commissioners of said White Pine County, by majority consent, may deem necessary. He shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners.

      Sec. 6.  The county assessor of said county shall receive a salary of three thousand six hundred ($3,600) dollars per annum in equal monthly installments as compensation for all his services as such officer; he shall collect and pay into the county treasury of the county all such fees as are now provided for by law. He may be allowed such deputies to be named by him as the board of county commissioners of said White Pine County, by majority consent, may deem necessary. He shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners.

or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners.

      Sec. 7.  The sheriff of said county shall receive a salary of three thousand six hundred ($3,600) dollars per annum, payable in equal monthly installments, full compensation for his services to said county as sheriff or in any ex officio capacity of any kind whatsoever, and shall have one undersheriff, to be selected by him, and such other deputies, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may fix. He shall be allowed all his actual traveling expenses, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners; provided, however, that the sheriff shall collect for all services in his office, and pay over monthly into the county treasury of said county such fees as are provided for in an act of the legislature of the State of Nevada, entitled “An act to regulate fees and compensation for official and other services in the State of Nevada and to repeal all other acts in relation thereto,” approved February 27, 1883; provided, that in lieu of the mileage provided in said act the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputies in the service of any summons and complaints, or other process issuing out of the district court; provided further, that where there is a deputy or other officer so located as to perform said service without the sheriff or his deputy actually incurring any traveling expenses, no mileage shall be charged; provided, that in all cases herein, when the deputy sheriff residing away from the county seat is required, in the performance of a duty or duties of his office, to use his own or a privately owned car in connection with such duty or duties he shall receive therefor the sum of not to exceed twenty cents per mile for each mile necessarily traveled in the performance of any such duty or duties; said claim for mileage shall be audited and allowed by the board of county commissioners.

      Sec. 8.  The county commissioners of White Pine County shall each receive the sum of one hundred twenty-five ($125) dollars per month payable in equal monthly installments, which shall be in full compensation for all services whatsoever required of such commissioners.

      Sec. 9.  No officer mentioned in this act shall receive any fee or commission or perquisite to his own use for the performance of any duty connected with his office or for the performance of any additional duty imposed upon him, notwithstanding any other law to the contrary.

Sheriff salary

Deputies

Travel expense

Pay fees to county

Mileage payable service of process

Commissioners salaries

Officers not to receive fees

Repeal

In effect

fee or commission or perquisite to his own use for the performance of any duty connected with his office or for the performance of any additional duty imposed upon him, notwithstanding any other law to the contrary.

      Sec. 10.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 11.  This act shall become effective and be in full force from and after its passage and approval.

Repeal of conflicting acts

In effect

[Assembly Bill No. 35–Mr. Ryan]

Chap. 16–An Act to repeal that certain act entitled “An act restricting the sale, barter, exchange, or other disposal of liquors, and providing penalties for the violation of the same, and repealing certain conflicting acts,” approved March 22, 1911.

[Approved February 28, 1947]

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

Assembly, do enact as follows:

      Section 1.  That certain act entitled “An Act restricting the sale, barter, exchange, or other disposal of liquors, and providing penalties for the violation of the same, and repealing certain conflicting acts,” approved March 22, 1911, being sections 10589, 10590, and 10591 Nevada Compiled Laws 1929, and all acts amendatory thereof, are hereby repealed.

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

Bodies corporate

[Assembly Bill No. 3–Mr. Miller (White Pine)]

Chap. 17–An Act to incorporate the Veterans of Foreign Wars, Department of Nevada, and all Veterans of Foreign Wars posts within the State of Nevada.

[Approved February 28, 1947]

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

Assembly, do enact as follows:

      Section 1.  The Veterans of Foreign Wars, Department of Nevada, and all Veterans of Foreign Wars posts within the State of Nevada now in existence or hereafter chartered, shall be deemed bodies corporate and politic upon filing notice of the acceptance of the terms of this act with the Veterans of Foreign Wars, Department of Nevada; the Veterans of Foreign Wars, Department of Nevada, from the date of its organization and by its name; the various posts of the Veterans of Foreign Wars from the date of their charters, and by the names and numbers given therein.

organization and by its name; the various posts of the Veterans of Foreign Wars from the date of their charters, and by the names and numbers given therein.

      Sec. 2.  The Veterans of Foreign Wars, Department of Nevada, and the various Veterans of Foreign Wars posts within the State of Nevada, shall have power in their corporate capacity-first, to sue, or be sued, in any court having competent jurisdiction; second, to make and use a common seal, and to alter the same at pleasure; third, to acquire by purchase, bequest, or donation, directly or indirectly, hold in perpetuity, sell and convey such property, real and personal, as may be deemed necessary by the proper authorities thereof, to carry out the purposes of said Veterans of Foreign Wars, Department of Nevada, or the various Veterans of Foreign Wars posts within the State of Nevada; fourth, to elect or appoint, according to the respective regulations or customs, not less than three nor more than fifteen persons, to serve as trustees, who shall have charge of all the real and personal property belonging thereto, and to transact all business relating thereto; fifth, and generally be entitled to all the rights, privileges, and immunities usually had or enjoyed by such corporations.

      Sec. 3.  Each incorporated subordinate unit of the Veterans of Foreign Wars shall, at all times, remain under the jurisdiction of and be governed according to the constitution and bylaws of the Veterans of Foreign Wars of the United States, and the national constitution and bylaws of the Veterans of Foreign Wars of the United States.

      Sec. 4.  The corporate powers of said Veterans of Foreign Wars, Department of Nevada, and the various Veterans of Foreign Wars posts within the State of Nevada shall be vested in a board of trustees, elected or appointed as provided in section 2 of this act, said board being subject to such rules and regulations as may be adopted, according to the uses and customs of said posts, for the government of said board of trustees. They shall hold office until their successors are appointed or elected and the certificate filed as provided in section 5 of this act. Vacancies in the board of trustees shall be filled as provided by the regulations of said orders. Said trustees shall give such bond as may be required of them, conditioned for the faithful performance of their duties.

      Sec. 5.  Upon the election or appointment of trustees as provided in this act, a certificate of such election or appointment shall be executed by the person or persons making the appointment, or the judges holding the election, duly acknowledged before a competent officer, and shall be filed and recorded in the office of the clerk of the county in which the post is located, or in case of the Veterans of Foreign Wars, Department of Nevada, in the office of the secretary of state.

Powers of corporate bodies

Constitution and bylaws

Trustees; term of office; bonds

Trustees; certificate of election

Dissolution; reversion of property

Duty of trustees

In effect

Wars, Department of Nevada, in the office of the secretary of state.

      Sec. 6.  When any post, hereby incorporated, shall be dissolved by its own act, or the forfeiture of its charter, the property, real and personal, belonging to said post shall revert to and become the property of the Veterans of Foreign Wars, Department of Nevada, subject to the conditions of any bequest or grant under or through which said post became the owner of said property; provided, that all just and equitable indebtedness of said post shall be paid before said reversion, and the said Veterans of Foreign Wars, Department of Nevada, shall not be liable for any indebtedness of any of the various posts.

      Sec. 7.  It shall be the duty of the said board of trustees, annually, to make a full report of all property, real and personal, held in trust by them, and the condition of the corporation to such post, a copy of which shall be filed in the office in which, according to section 5 of this act, their certificate of election or appointment has been filed, with an affidavit of the truth of said report.

      Sec. 8.  This act shall be effective immediately after its passage and approval.

Title amendment

Veteran; right to peddle

[Assembly Bill No. 52–Messrs. Free and Englestead]

Chap. 18–An Act to amend the title of and to amend an act entitled “An act to provide for the issuance of license to honorably discharged soldiers, sailors, and marines of the military and naval service of the United States in the late war of rebellion who desire to carry on the business of peddler or auctioneer,” approved March 25, 1909.

[Approved February 28, 1947]

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

Assembly, do enact as follows:

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

      An Act to provide for the issuance of license to any person who has served in the army, navy, marine corps, or revenue marine service or maritime or merchant marine service of the United States in time of war and who has received an honorable discharge therefrom, and who desires to carry on the business of peddler or auctioneer.

      Sec. 2.  Section 1 of the above-entitled act, being section 6718 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  Any person who has served in the army, navy, marine corps, or revenue marine service or maritime or merchant marine service of the United States in time of war and who has received an honorable discharge therefrom, who is a resident of this state shall have the right to peddle, hawk, vend, and sell his own goods, and to engage in the business of auctioneering, without paying for the license as now provided by law by those who engage in such business, but any such person may engage in such business by procuring a license for the purpose as provided in the next section.

who has received an honorable discharge therefrom, who is a resident of this state shall have the right to peddle, hawk, vend, and sell his own goods, and to engage in the business of auctioneering, without paying for the license as now provided by law by those who engage in such business, but any such person may engage in such business by procuring a license for the purpose as provided in the next section.

      Sec. 3.  Section 2 of the above-entitled act, being section 6719 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  On presentation to the sheriff of any county in which such discharged person may reside, or a certificate of honorable discharge from the army, navy, marine corps, or revenue marine service or maritime or merchant marine service of the United States showing service in time of war, such sheriff may, at his discretion, issue without cost to such person, a license authorizing him to carry on the business of peddler or auctioneer.

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

Duty of sheriff

In effect

[Assembly Bill No. 84–Mr. Capurro]

Chap. 19–An Act to amend an act entitled “An act to encourage and promote improvement in quality of livestock in the State of Nevada; to create the Nevada junior livestock show board, and to provide for a junior livestock show, and to appropriate funds therefor,” approved March 27, 1945.

[Approved February 28, 1947]

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 chapter 239, Statutes of Nevada 1945, is hereby amended to read as follows:

      Section 8.  The sum of one thousand five hundred ($1,500) dollars annually for each of the years 1947 and 1948 is hereby appropriated out of any moneys in the general fund of the state treasury, not otherwise specifically appropriated, to aid the Nevada junior livestock show board in holding livestock shows at Reno, Nevada. In the event that the livestock show as above set out is not held in either of the two years for which an appropriation is made herewith, the sum appropriated for that particular year shall revert to the general fund of the State of Nevada.

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

Appropriation

Reversion of fund

In effect

Preamble

Appropriation

[Assembly Bill No. 25–Mr. Folsom]

Chap. 20–An Act requiring the state board of control to purchase a fire engine for the added protection of state-owned property in Ormsby County, providing an appropriation for such purpose, and providing that such fire engine shall be delivered over to Warren Fire Engine Company No. 1 of Carson City, Ormsby County, Nevada, and other matters properly related thereto.

[Approved February 28, 1947]

      Whereas, Approximately one-half of the total valuation of Ormsby County is made up of nontaxable state-owned property, as indicated by the following figures: Assessed valuation of privately owned property in Ormsby County, $2,669,401; estimated value of state-owned property in Ormsby County, $2,257,250; and

      Whereas, Ormsby County, and particularly Carson City, has since the year 1864 furnished and given fire protection to all state-owned property in Ormsby County, to the end that no serious fire loss has been suffered by any state-owned property in all of these eighty-three years; and

      Whereas, The burden of maintaining and paying for proper fire protection and fire-fighting equipment has been borne by the taxpayers of Ormsby County, and particularly of Carson City, for the past eighty-three years without complaint, but such burden has become so onerous that if the present high standard of fire protection is to be maintained in the future, financial aid must be extended by the State of Nevada to Ormsby County, Carson City, and the Warren Engine Company; and

      Whereas, The fire insurance underwriters have indicated that the insurance rate will be decreased by ten percent on all property in Ormsby County in the event one additional fire engine is added to the present fire-fighting equipment of the Warren Engine Company No. 1 of Carson City; 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 the general fund of the state treasury the sum of twenty-five thousand ($25,000) dollars, for the purpose of making the immediate purchase of a fire engine of the following description, to wit:

      A one thousand (1,000) gallon tank truck equipped with seven hundred fifty (750) gallon per minute centrifugal pump.

      Sec. 2.  The state board of control is hereby directed to purchase a fire engine of the type referred to in section 1, said type being best fitted to complement the present fire-fighting equipment owned and maintained by Ormsby County and Carson City, and operated by and through the Warren Engine Company No.

purchase a fire engine of the type referred to in section 1, said type being best fitted to complement the present fire-fighting equipment owned and maintained by Ormsby County and Carson City, and operated by and through the Warren Engine Company No. 1.

      Sec. 3.  Immediately upon the acquisition of said fire engine the state board of control is directed to deliver the same to Warren Engine Company No. 1, to be by it manned and maintained without cost or expense to the State of Nevada, and to be by it used for fighting all fires in Ormsby County and surrounding territory in such manner and under the control and rules and regulations of the Warren Engine Company No. 1 for the preservation of privately and state-owned property; provided, the title to said fire engine shall remain in the State of Nevada.

      Sec. 4.  This act being deemed to be an emergency measure it shall be in full force and effect from and after the date of its passage and approval.

Duty of board of control

Maintained by Warren Engine Company

Title in state

In effect

[Assembly Bill No. 114–Lyon County Delegation]

Chap. 21–An Act to amend an act entitled “An act amending an act entitled ‘An act concerning the county officers in the county of Lyon, State of Nevada, consolidating certain offices in said county, fixing the salary and compensation of said officers, regulating the appointment of deputies and the compensation thereof, requiring the officers of said county to make report of all fees collected by them to the board of county commissioners, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict therewith,’ approved March 5, 1923, as amended.”

[Approved February 28, 1947]

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 chapter 123, Statutes of Nevada of 1945, at page 195, is hereby amended to read as follows:

      Section 7.  This act shall become effective immediately after its passage and approval.

      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 from and after its passage and approval.

Repeal of act

Repeal

In effect

Penalty

[Senate Bill No. 18–Senator Loomis]

Chap. 22–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 February 28, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 195 1/2 of the above-entitled act, being section 10143 Nevada Compiled Laws of 1929, is hereby amended to read as follows:

      Section 195 1/2.  Any person who shall willfully and lewdly commit any lewd or lascivious act, other than acts constituting the crime of rape and the infamous crime against nature, upon or with the body, or any part or member thereof, of a child under the age of fourteen years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person or of such child, shall be guilty of a felony. For the violation of any of the provisions of this section, the trial judge shall fix, specifically, a determinate sentence of the person convicted, which shall, in each case, consist of imprisonment in the state prison for not less than five years nor more than ten years.

Elko county salaries

District attorney, deputy, secretary salaries

[Senate Bill No. 37–Senator Robbins]

Chap. 23–An Act fixing the compensation of the county officers of Elko County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith.

[Approved February 28, 1947]

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

Assembly, do enact as follows:

      Section 1.  The county officers of Elko County, Nevada, their deputies and such other employees as are named in this act shall receive the following salaries in full compensation for all services rendered by them.

      Sec. 2.  The district attorney of Elko County, Nevada, shall receive a salary of three thousand eight hundred ($3,800) dollars per annum for all his services as such officer; in case of emergency he may, with the unanimous consent of the board of county commissioners, employ one deputy who shall receive a salary in amount not to exceed two hundred fifty ($250) dollars per month; the district attorney of Elko County is hereby authorized and empowered to employ one person to act as his secretary, who shall receive as salary an amount not to exceed one hundred fifty ($150) dollars per month; the district attorney and his deputy shall be allowed only their actual expenses while attending to official business of the county or state; provided, that no claim for expenses, any part of which pertains to any private matter, or to the business of any client, shall be allowed or paid under this act by the board of county commissioners of Elko County or any governmental agency.

attorney of Elko County is hereby authorized and empowered to employ one person to act as his secretary, who shall receive as salary an amount not to exceed one hundred fifty ($150) dollars per month; the district attorney and his deputy shall be allowed only their actual expenses while attending to official business of the county or state; provided, that no claim for expenses, any part of which pertains to any private matter, or to the business of any client, shall be allowed or paid under this act by the board of county commissioners of Elko County or any governmental agency.

      Sec. 3.  The sheriff of Elko County shall receive the sum of $3,800 per annum; he shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature; provided further, that when it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor, and his living expenses while away from the county seat in the discharge of his official duties; he shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties. He shall present to the board of county commissioners a bill of items of such necessary expenses actually paid which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed. The sheriff of Elko County is hereby authorized and empowered to employ one undersheriff who shall receive a salary not to exceed $250 per month; one jailer who shall receive a salary of $175 per month; and one office deputy who shall receive a salary in an amount not to exceed $200 per month; provided, that in cases of emergency and when the board of county commissioners deem it necessary the sheriff may, with the unanimous consent and approval of said board, appoint one or more deputies, such deputy or deputies to serve only as long as said emergency may continue and to be paid at the rate of $6 per day, but not to exceed $175 per month for services performed in any one month by any such deputy.

      Sec. 4.  The county clerk of the county of Elko, State of Nevada, and ex officio clerk of the district court of the fourth judicial district of the State of Nevada, in and for the county of Elko, shall receive as salary the sum of $3,200 per annum; he shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature; the county clerk may appoint one deputy who shall receive a compensation in an amount not to exceed $225 per month.

      Sec. 5.  The county recorder in and for the county of Elko, State of Nevada, and as ex officio auditor, shall receive the sum of $3,200 per annum as compensation for all his services as such officer; he shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature; the county recorder may appoint one deputy, who shall receive a compensation in an amount not to exceed $200 per month.

Travel expense

Sheriff salary

Travel expense

Undersheriff; deputies

Clerk ex officio salary

Recorder ex officio auditor salary

Assessor salary

Treasurer ex officio tax receiver salary

County commissioners salaries

Salaries, how paid

Other assistants

the sum of $3,200 per annum as compensation for all his services as such officer; he shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature; the county recorder may appoint one deputy, who shall receive a compensation in an amount not to exceed $200 per month.

      Sec. 6.  The assessor of Elko County, Nevada, shall receive a salary of $3,600 per annum; he shall pay into the county treasury of said county each month all moneys collected by him as fees and taxes, without deduction of any nature; the county assessor may appoint one deputy who shall receive a salary in an amount not to exceed $200 per month; he may employ such other assistants, with the consent of the board of county commissioners, as may be necessary; provided, however, the total compensation for the services and actual traveling expenses of all such other assistants shall not exceed $2,500 in any year. The salaries and commissions authorized in this section shall be in full compensation for all services whatsoever required of and performed by the assessor’s office.

      Sec. 7.  The county treasurer and ex officio tax receiver of Elko County, Nevada, shall receive the sum of $3,200 per annum which shall be in full compensation for all services rendered by said treasurer. He shall pay into the county treasury each month all moneys collected by him as fees, without deductions of any nature; the county treasurer may appoint one deputy who shall receive a salary in an amount not to exceed $200 per month.

      Sec. 8.  The county commissioners of Elko County, Nevada, shall receive the sum of $1,800 per annum which shall be in full compensation for all services whatsoever required of such commissioners, and shall receive not to exceed 10¢ per mile for each mile necessarily traveled by the shortest practicable route in going to and returning from meetings of the board of county commissioners, or of the board of highway commissioners; provided, no such allowance shall be made to any commissioner residing at the county seat.

      Sec. 9.  All annual salaries herein provided shall be payable monthly in twelve equal installments.

      Sec. 10.  The county commissioners of Elko County, Nevada, are hereby authorized and empowered to appoint such other assistants to the officers named in this act and for such periods of time as may be necessary and to fix their compensation in an amount not to exceed $175 per month for any one such assistant; and are also authorized and empowered to fix the compensation of deputies and other assistants named in this act, but not in excess of the compensation named herein for such deputy or assistants; and to fix, from time to time, the rate per mile traveled, to be allowed as expenses for travel by officers and their deputies; provided, such rate shall not be in excess of 10¢ per mile traveled nor in excess of an amount allowed specifically by any act pertaining to any specific duty of any such officer.

to fix, from time to time, the rate per mile traveled, to be allowed as expenses for travel by officers and their deputies; provided, such rate shall not be in excess of 10¢ per mile traveled nor in excess of an amount allowed specifically by any act pertaining to any specific duty of any such officer.

      Sec. 11.  Chapter 164 Statutes of Nevada 1935 entitled “An act fixing the compensation of the county officers of Elko County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith”; chapter 50 Statutes of Nevada 1941 entitled “An act to amend an act entitled ‘An act fixing the compensation of the county officers of Elko County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith,’ ” and chapter 4 Statutes of Nevada 1943 entitled “An act to amend section 10 of an act entitled ‘An act fixing the compensation of the county officers of Elko County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith,’ ” and chapter 28 Statutes of Nevada 1945 entitled “An act fixing the compensation of the county officers of Elko County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith,” and chapter 98, Statutes of Nevada 1945, entitled “An act fixing the compensation of the district attorney of Elko County, Nevada, regulating his duties, providing for the appointment, qualification, and compensation of a deputy district attorney and a secretary, regulating their duties, and other matters relating thereto,” are hereby repealed. And all other acts and parts of acts, and amendments thereto, insofar as they are inconsistent with the provisions of this act, are hereby repealed.

      Sec. 12.  This act shall be in full force and effect from and after March 1, 1947.

Repeal

In effect

Eligibility of minors

Exception

In effect

[Assembly Bill No. 79–Messrs. Gray, Beemer, Swackhamer, Hazard, Frey, Monroe, Bisoni, Whitacre, Chapman, Miller (White Pine), and Taber]

Chap. 24–An Act to remove the disability of minority in transactions under the servicemen’s readjustment act of 1944.

[Approved March 3, 1947]

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

Assembly, do enact as follows:

      Section 1.  The disability of minority of any person otherwise eligible for guaranty or insurance of a loan pursuant to the servicemen’s readjustment act of 1944, as amended (38 U. S. C. A. 694, et seq.) and of the minor spouse of any eligible veteran, irrespective of his or her age, in connection with any transaction entered into pursuant to said act, as amended, is hereby removed for all purposes in connection with such transactions, including, but not limited to, incurring of indebtedness or obligations, and acquiring, encumbering, selling, releasing, or conveying property or any interest therein, and litigating or settling controversies arising therefrom, if all or part of any obligations incident to such transaction be guaranteed or insured by the administrator of veterans affairs pursuant to such act; provided nevertheless, that this act shall not be construed to impose any other or greater rights or liabilities than would exist if such person and such spouse were under no such disability.

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

Guardian may be appointed

[Assembly Bill No. 41–Mr. Wines]

Chap. 25–An Act to amend an act entitled “An act to provide for the appointment of guardians and to prescribe their duties,” approved March 11, 1899, as amended.

[Approved March 3, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 14 of the above-entitled act, being section 9508 N. C. L. 1929, is hereby amended to read as follows:

      Section 14.  Any relative or friend of any insane person, or of any person, who, by reason of extreme old age, or for any other cause, is mentally incompetent to manage his or her property, may present a petition, under oath, setting out the necessary facts, to the district judge, praying that a guardian for the person and estate, or either, be appointed.

for the person and estate, or either, be appointed. Such judge shall direct the clerk to issue a citation, requiring such supposed insane or incompetent person to be and appear at a time and place to be therein specified to show cause why a guardian should not be appointed. Such citation shall be served as provided in section 8 of this act, on such person, and also on such person, with whom or in whose custody, such insane or incompetent may be, not less than five days before the return day thereof; and if able to attend, the judge shall cause such insane or incompetent person to be produced before him on the hearing; provided, however, when application shall have been made for appointment of a permanent guardian, whenever it appears to the district judge presiding, pending the appointment of permanent guardian, that the interest of any insane or incompetent person and his or her estate, or either, requires the immediate appointment of a guardian, he shall without citation and upon verified petition therefor, appoint the petitioner, or some suitable person temporary guardian of the person of such insane or incompetent person and of his or her estate or either, until such time as a permanent guardian shall have been appointed and shall have qualified. Such appointment shall not take effect and letters shall not issue, until the person so appointed shall take and subscribe the official oath, and shall give bond in such sum as the court may order in like manner and with like conditions as are prescribed with respect to permanent guardians. The temporary guardian shall also render an account, under oath, of his proceedings in like manner as other guardians are required to do.

      Sec. 2.  All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

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

Temporary guardian

Repeal

In effect

[Assembly Bill No. 12–Mr. Wines]

Chap. 26–An Act to amend an act entitled “An act defining public utilities, providing for the regulation thereof, creating a public service commission, defining its duties and powers, and other matters relating thereto,” approved March 28, 1919, as amended.

[Approved March 5, 1947]

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 6101 N. C. L. of 1929, is hereby amended to read as follows:

Composition of commission

Term

Qualifications of commission

Minority of commission may act when

Repeal

In effect

      Section 2.  The public service commission shall consist of three commissioners, one of whom shall be the state engineer who shall be ex officio commissioner of said commission; the other two commissioners shall be appointed by the public service board, which is hereby created, to consist of the governor, lieutenant governor and state treasurer; the terms of the appointive commissioners shall commence on the first Monday in April 1919; the term of one appointee shall expire on the first Monday in April 1922, and the term of the second appointee shall expire on the first Monday in April 1923. Upon the expiration of the terms of said appointive commissioners, their respective successors shall be appointed to hold office for a term of four years after the date of the appointment and until their respective successors are appointed. One of said commissioners shall be generally familiar with the operation of railroads; the third commissioner shall have a general knowledge of fares and freights and tolls and charges levied and collected by public utilities as defined in this act. The commissioners appointed under this act shall, within twenty (20 days) after their appointment and qualification, meet at the state capitol and organize and elect one of their number chairman, who shall serve until the second Monday in April 1921. On the second Monday in April of each odd-numbered year thereafter, the commissioners shall meet at the office of the commission and elect a chairman, who shall serve for two years and until his successor is elected.

      The majority of said commissioners shall have full power to act in all matters within their jurisdiction. In the event that two commissioners are disqualified or in the event of two vacancies within the commission, the remaining commissioner shall exercise all the power of the commission. Not more than a majority of all the commissioners shall be members of the same political party.

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

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

[Assembly Bill No. 78–Mr. Humphrey]

Chap. 27–An Act authorizing the governing bodies of counties, school districts, municipal corporations, political subdivisions, public corporations, and other public agencies of the State of Nevada to adopt a system of group life, health and accident insurance, and health services for the benefit of officers and employees, and to deduct from the compensation of such officers and employees the premiums upon such insurance.

[Approved March 5, 1947]

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

Assembly, do enact as follows:

      Section 1.  The governing bodies of any and all counties, school districts, municipal corporations, political subdivisions, public corporations, and other public agencies of the State of Nevada, shall have the jurisdiction and power to adopt and carry into effect a system of group life, accident, and/or health insurance for the benefit of such of their officers and employees as shall or may elect to accept the same and who have authorized the governing body to make deductions from their compensation for the payment of premiums on such insurance. The jurisdiction hereby conferred shall include the power in said counties, districts, corporations, subdivisions, and agencies to purchase group policies of life, health and/or accident insurance for the benefit of such officers and employees, as shall have authorized such purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and to deduct from the compensation of such employees the premiums upon such insurance and pay such deductions upon such premiums.

      Sec. 2.  In addition, such governing bodies shall have jurisdiction and power to adopt and carry into effect a system of medical and/or hospital service through nonprofit membership corporations defraying the cost of medical service or hospital care, or both, open to participation by all licentiates of the particular class (whether doctors of medicine, doctors of osteopathy, or doctors of chiropractic) offering services through such a nonprofit membership corporation, for the benefit of such of their employees as may elect to accept membership in such nonprofit corporation and who have authorized the governing bodies to make deductions from their compensation for the payment of membership dues. The jurisdiction and power conferred herein with respect to the rendition of medical and/or hospital service through nonprofit membership corporations is coextensive with the jurisdiction and power hereinbefore conferred with respect to insurance companies.

Governing bodies may adopt group insurance

Medical or hospital service

Assignment of wages not prohibited

Not compulsory

Constitutionality

Repeal

In effect

      Sec. 3.  No provisions of law prohibiting, restricting, or limiting the assignment of or order for wages or salary shall be deemed in any way to prohibit, restrict, or limit the jurisdiction or powers hereinabove conferred, nor the right and power of officers or employees to authorize and approve payment of premiums by wage and salary deductions.

      Sec. 4.  Nothing herein contained shall be construed to make it compulsory upon any officer or employee of any of the counties, districts, corporations, subdivisions, or agencies above mentioned to accept or join in any plan of group insurance or to assign or authorize deductions from their wages or salaries in payment of premiums therefor.

      Sec. 5.  If any provision of this act, or the application thereof, to any person, group, or circumstance, is held invalid, the remainder of the act or the application of such act to any other persons, groups, or circumstances shall not be affected thereby; the legislature hereby declaring that it would have adopted every sentence, clause, section, and subsection of this act, notwithstanding the invalidity of any other sentence, clause, section, or subsection hereof.

      Sec. 6.  All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

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

Gift fund created

[Assembly Bill No. 59–Washoe County Delegation]

Chap. 28–An Act to authorize the library board of the Washoe County library to create a library gift fund; providing for the use thereof; providing for the investment of funds therefrom, and other matters relating thereto.

[Approved March 5, 1947]

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

Assembly, do enact as follows:

      Section 1.  The library board of the Washoe County library, Washoe County, Nevada, hereby is authorized and empowered to establish with the county treasurer, as custodian, a gift fund, which said fund shall be known as the “Washoe County Library Gift Fund”; provided, that the moneys in said fund shall be derived from all or any part of any gift, bequest, or devise, including the interest thereon. The moneys in said fund may be allowed to accumulate from year to year. Any moneys in said fund at the end of the fiscal year shall not lapse, nor shall the same be a surplus available for expenditure for any other purposes than those hereinafter specified.

      Sec. 2.  The library board of the Washoe County library hereby is authorized and empowered, subject to the approval of the board of county commissioners of Washoe County, Nevada, to expend all or any part of such fund to accomplish the express purposes of the donor or donors, and for the benefit of the users of the library; provided further, that if the donor or donors have not expressed any other specific use, that the library board, subject to the approval of the county commissioners, may expend all or any part of such fund to purchase land for a library site or a branch library site, to erect buildings thereon for library purposes, or for the purposes of remodeling, reconstructing, making additions to, or improving and repairing the Washoe County library or buildings, or for such other library purposes as the library board may deem proper.

      Sec. 3.  The library board of the Washoe County library subject to the approval of the board of county commissioners of Washoe County, Nevada, hereby is authorized and empowered to invest all or any funds in the said “Washoe County Library Gift Fund,” in savings bonds of the United States of America, or in any other sound securities, and maintain said investment in said bonds or securities until such time as the said library board, subject to the approval of the county commissioners, shall deem it advisable to expend such funds.

      Sec. 4.  All the laws in force governing the letting of contracts by boards of county commissioners of this state, and all other pertinent laws hereby are made applicable to and shall govern the library board and the board of county commissioners in their official acts in connection herewith, and all bills contracted, or payments made, for the purpose of carrying out the provisions of this act, shall be by the library board of the Washoe County library, subject to the approval of the board of county commissioners of Washoe County, authorized, audited, and paid as other obligations of said county are authorized, presented, allowed, and paid.

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

Approval of county commissioners

Purposes of expenditures

Funds invested in bonds

Laws of contract govern

In effect

Clark County salaries

Sheriff

Traveling expense

Deputy

Clerk

Assessor

District attorney

Treasurer

Recorder and auditor

County commissioners salary and travel expense

May appoint deputies

[Senate Bill No. 35–Senator Baker]

Chap. 29–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 5, 1947]

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

Assembly, do enact as follows:

      Section 1.  From and after April 1, 1947, 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 forty-two hundred ($4,200) dollars 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 thirty-six hundred ($3,600) dollars 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 forty-two hundred ($4,200) dollars per annum.

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

      The district attorney shall receive a salary of forty-two hundred ($4,200) dollars per annum.

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

      The county recorder and auditor shall receive a salary of forty-two [hundred] ($4,200) dollars per annum.

      The chairman of the board of county commissioners shall receive a salary of twenty-four hundred ($2,400) dollars per annum, and the other members shall receive a salary of eighteen hundred ($1,800) dollars 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.  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 thirty-six hundred ($3,600) per annum.

a salary to be fixed by the board of county commissioners, but in no event to exceed thirty-six hundred ($3,600) per annum.

      Sec. 3.  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 thirty-six hundred ($3,600) dollars 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 exceed three thousand ($3,000) dollars 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.

District attorney may appoint deputy, clerical assistance

Repeal

In effect

[Senate Bill No. 32–Senator McGuirk]

Chap. 30–An Act in relation to fees or compensation for official services furnished the United States veterans’ bureau.

[Approved March 5, 1947]

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

Assembly, do enact as follows:

      Section 1.  Whenever a copy of any public record is required by the United States veterans’ bureau to be used in determining the eligibility of any person to participate in benefits made available by such bureau, the official charged with the custody of such public record shall without charge provide the applicant for such benefit or any person acting on his behalf or the representative of such bureau with a certified copy or copies of such persons.

      Sec. 2.  All acts and parts of acts insofar as the same apply to or interfere with the provisions of this act are to such extent repealed and not in any other particular.

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

No fee for certified copies

Repeal

In effect

No fees for administering oaths

In effect

Repeal

[Senate Bill No. 31–Senator McGuirk]

Chap. 31–An Act to amend an act entitled “An act in relation to compensation for official services in cases of pensioners,” approved January 21, 1889.

[Approved March 5, 1947]

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 6875 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 1.  No fee or charge shall be made by any state, county, township, or city officer of this state for administering oaths or certifying or acknowledging any paper or copies for United States pensioners or applicants for compensation in any matter pertaining to their pensions or compensation.

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

      Sec. 3.  All acts or parts of acts insofar as they are inconsistent with the provisions of this act are hereby repealed.

Title amendment

Certificate of election of trustees

[Senate Bill No. 40–Senators Duffin, Settlemeyer, Lattin, and Budelman]

Chap. 32–An Act to amend the title of and to amend an act entitled “An act to incorporate the Grand Lodge of Free and Accepted Masons, the Grand Lodge of the Independent Order of Odd Fellows, and their subordinate lodges in this state,” approved March 3, 1865.

[Approved March 5, 1947]

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

Assembly, do enact as follows:

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

      An act to incorporate the Grand Lodge of Free and Accepted Masons, the Grand Lodge of the Independent Order of Odd Fellows, and their subordinate lodges in this state, providing a penalty for the violation thereof and other matters relating thereto.

      Sec. 2.  Section 4 of the above-entitled act, being section 3279 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 4.  Upon the election or appointment of trustees by a subordinate lodge, as provided in this act, and on or before the first day of March in each year, a certificate of such election or appointment shall be executed over the seal of such lodge by the secretary thereof and shall be immediately filed in the office of the grand secretary of the grand lodge having jurisdiction of such subordinate lodge.

such election or appointment shall be executed over the seal of such lodge by the secretary thereof and shall be immediately filed in the office of the grand secretary of the grand lodge having jurisdiction of such subordinate lodge. It shall be the duty of each grand secretary, on or before the fifteenth day of April in each year, to prepare and execute, over the seal of the grand lodge, a list of its subordinate lodges and the names of the members of the boards of trustees thereof, together with a certificate of the election or appointment of the trustees of such grand lodge and file the same in the office of the secretary of state; provided, that on or before January 1, 1948, the grand secretaries of the Grand Lodge of Free and Accepted Masons and the Grand Lodge of the Independent Order of Odd Fellows, shall each prepare and file in the office of secretary of state a certificate showing the date and place of organization and institution of their respective grand lodges in this state and that such grand lodges accepted the provisions of this act, and there shall be included in such certificates the names, number, location, and date of institution of the now existing subordinate lodges subject to the jurisdiction of such grand lodges, which said certificates shall be supplemented from time to time as new lodges are instituted or existing lodges become extinct.

      Sec. 3.  Section 6 of the above-entitled act, being section 3281 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 6.  It shall be the duty of the said secretaries of the respective subordinate and grand lodges to prepare, execute, and file the certificates of election and list of trustees as provided in section 4 of this act, and any person violating the provisions of said section shall be liable to the State of Nevada for a penalty of five hundred dollars for each offense, and such penalty shall be recovered in a suit brought in the name of the State of Nevada in a court of competent jurisdiction of the proper county by the attorney general or under his direction by the district attorney of such county.

      Sec. 4.  This act shall be effective immediately upon its passage and approval.

Grand secretary file list with secretary of state

Acceptance of act

Penalty

In effect

Decree of court

Retention of jurisdiction

Settlement of accounts

Notice of hearing

[Senate Bill No. 27–Senator Loomis]

Chap. 33–An Act to amend an act entitled “An act concerning the estates of deceased persons,” approved March 26, 1941, as amended.

[Approved March 5, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 244 of the above-entitled act, being 1929 N. C. L., 1941 Supplement, section 9882.244, is hereby amended to read as follows:

      Section 244.  In the decree, the court shall name the persons and the proportion or parts to which each shall be entitled, and such person shall have the right to demand and recover his or her respective share from the executor or administrator, or any other person having the same in possession.

      Where any trust, life estate, or estate for years has been created by or under any will to continue after distribution, the district court shall not lose jurisdiction of the estate by final distribution, but shall retain jurisdiction thereof for the purpose of the settlement of accounts under the trusts, life tenancies, or estate for years, and the distribution of the residue to those entitled thereto, which distribution may be upon petition of the trustees, or of his executors or administrators, or of any party entitled to share in the distribution. And any trustee created by any will, or appointed to execute any trust created by any will, may, from time to time, pending the execution of his trust, or may, at the termination thereof, render and pray for the settlement of his accounts as such trustee before the district court in which the will was probated, and in the manner provided for the settlement of the accounts of executors and administrators. The trustee, or in case of his death, his legal representatives, shall, for that purpose, present to the court his verified petition, setting forth his accounts in detail, with a report showing the condition of the trust estate, together with a verified statement of said trustee, giving the names and post-office addresses, if known, of the beneficiaries, and upon the filing thereof the clerk shall fix a day for the hearing and give notice thereof of not less than ten days by causing notice to be posted at the courthouse of the county where the proceedings are pending, setting forth the name of the trust estate, the trustee, and the day appointed for the settlement of the account. The court, or a judge thereof, may order such further notice to be given as may be proper. Such trustee may, in the discretion of the court, upon application of any beneficiary of the trust or the guardian of such beneficiary, be ordered to appear and render his account, after being cited by service of citation, as provided for the service of summons in civil cases, and such application shall not be denied where no account has been rendered to the court within six months prior to such application.

as provided for the service of summons in civil cases, and such application shall not be denied where no account has been rendered to the court within six months prior to such application. Upon the filing of the account so ordered the same proceedings for the hearing and settlement thereof shall be had as hereinbefore provided in the case of settlement of accounts of administrators and executors. The trustee or other fiduciary may also petition such court, from time to time, for instructions as to the administration of the trust; and upon the filing thereof, together with a verified statement of said trustee, giving the names and post-office addresses, if known, of the beneficiaries and any other persons interested in the granting of such petition, the clerk shall set the hearing by the court, and shall give notice thereof for the period and in the manner required by section 283 of this act. The trustee shall cause notice of the hearing to be mailed to the beneficiaries at their last-known addresses, and to all other persons interested in the granting of said petition, if any, as provided in said section 283, whether they have requested special notice or given notice of appearance or not. If there be any beneficiaries or other persons interested in the granting of said petition whose post-office addresses are unknown, the notice of the hearing on said petition shall be published in a daily newspaper on at least two different days before the hearing, and at least five days must elapse between the last publication and the time set for hearing said petition.

      The provisions of this section shall govern fiduciaries acting under trusts, wills, and court orders in estate proceedings, whether the same have been distributed, are now pending, or may hereafter be filed.

      Sec. 2.  All acts and parts of acts, insofar as they may be in conflict with the provisions of this act, are hereby repealed.

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

Petition for instructions

Notice of hearing

Saving clause

Repeal

In effect

State officers, commissions return financial statements biennially

Auditor to prescribe forms

Duty of legislature

[Senate Bill No. 23–Committee on Finance]

Chap. 34–An Act relating to public officers in the State of Nevada, commissions, agencies, and employees thereof, representing, acting for, or in the employ of the various public offices, officers, and commissions in the State of Nevada, defining the duties of certain persons, requiring reports and accounts of the business of the offices specified herein; providing for reports of said officers and persons to the legislature, and other matters properly relating thereto.

[Approved March 5, 1947]

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

Assembly, do enact as follows:

      Section 1.  Every elective state officer in the State of Nevada, every commission provided for by the laws of the State of Nevada, every head of each and every department in the State of Nevada, and every employee or agent thereof, acting by, for, or on account of any such office, commission or officer receiving, paying, or otherwise controlling any public funds in the State of Nevada, in whole or in part, whether the same may be funds provided by the State of Nevada, funds received from the federal government of the United States or any branch, bureau, or agency thereof, or funds received from private or other source, is hereby required to render a complete financial statement of each and every receipt of funds received by said office, officer, commission, person or agent, and every expenditure of such receipts or any portion thereof to the legislature, biennially; said report to be prepared and ready for distribution at least ten days before the date of convening of the legislature, and said report shall be a complete accounting for each of the two preceding fiscal years immediately prior to the convening of such legislature.

      Sec. 2.  The state auditor of the State of Nevada shall prescribe such forms and regulations concerning such reports to the persons herein required to make the same, as the said state auditor may determine to be a full disclosure of the financial operations of the particular person, office, officer or commission herein required to report.

      Sec. 3.  The legislature of the State of Nevada upon receiving a report or reports as herein required shall have the power and authority to require any person making any such report to file an additional, supplementary, or other report that may be deemed necessary, or may require the said person to appear before said legislature or any committee thereof to explain or clarify the report to the satisfaction of the legislature or committee designated by the legislature to perform such duty.

      Sec. 4.  All acts or parts of acts in conflict with the provisions herewith are hereby repealed.

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

[Assembly Bill No. 67–Mr. Barr]

Chap. 35–An Act to amend an act entitled “An act relating to marriage and divorce,” approved November 28, 1861.

[Approved March 7, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 5 of the above-entitled act, being section 4053 N. C. L. 1929, is hereby amended to read as follows:

      Section 5.  Previous to persons being joined in marriage, a license shall be obtained for that purpose from the county clerk of any county in the state. The county clerk may inquire of the party applying for marriage license upon oath or affirmation relative to the legality of such contemplated marriage, and if the clerk shall be satisfied that there is no legal impediment thereto, then he shall grant such marriage license, and if any of the persons intending to marry shall be under age and shall not have been perviously married, the consent of the parent or guardians shall be personally given before the clerk, or certified under the hand of such parent or guardian, attested by two witnesses, one of whom shall appear before said clerk and make oath that he saw the parent or guardian, whose name is annexed to such certificate subscribed, or heard him or her acknowledge the same, whereupon the clerk is authorized to issue and sign such license affixing thereto the seal of the county. The clerk shall be entitled to receive as his fee for issuing the license the sum of one dollar, and if any clerk shall in any other manner issue or sign any marriage license he shall forfeit and pay a sum not exceeding one thousand dollars to and for the use of the party aggrieved. The clerk shall also at the time of issuing such license collect the sum of one dollar and pay the same over to the county recorder as his fee for recording the certificate named in section 8. The clerk shall also, at the time of issuing such license, collect the additional sum of three dollars ($3) for the State of Nevada. Such fees, collected for the state, shall be by the clerk paid over to the state treasurer on or before the tenth day of each month for the preceding calendar month, and shall be placed to the credit of the general fund.

      And said license shall be substantially in the following form:

License obtained prior to marriage

Fee of clerk

Questions to be answered under oath

Penalty

Effective date

MARRIAGE LICENSE

      These presents are to authorize any licensed clergyman within this state, or any district judge or justice of the peace within his county, to join in marriage .............................. of.............................., in the county of.............................., State of.............................. Previously married?.......... Wife deceased?.......... Divorced?.......... When?..............................    Where?.............................. On what grounds?.............................. And..............................      , of.............................. in the county of.............................., State of.............................. Previously married?.......... Husband deceased?.......... Divorced?.......... When?.................... Where?.............................. On what grounds?..............................; and to certify the same according to law.

      Witness my hand and the seal of the district court of the ..............................judicial district of the State of Nevada, in and for the county of.............................., this.......... day of...................., A. D. 19...........

                                                                    ............................................................................ Clerk.

[SEAL]                                                        .............................................................. Deputy Clerk.

      And it shall be the duty of the clerk, when issuing said license, to require the party applying therefor to answer under oath each of the questions contained in the said form of license, and if the party applying therefor cannot answer positively any questions with reference to the other party named in the license, it shall be the duty of the clerk to require both parties named in the license to appear before him and to answer, under oath, the questions contained in said form of license, and any person who shall make a false statement in procuring a marriage license with reference to any matter required by this section to be stated under oath shall be deemed guilty of a gross misdemeanor and punished by imprisonment in the county jail for a term of not more than one year, or by a fine not to exceed $1,000, or by both such fine and imprisonment.

      Sec. 2.  This act shall be in full force and effect from and after July 1, 1947.

[Assembly Bill No. 82–Elko County Delegation]

Chap. 36–An Act to amend an act entitled “An act adding a new section known as section 3 1/2 of chapter II; and a new section 5 1/2 of chapter II; and to amend section 35 of chapter II of an act entitled ‘An act to incorporate the town of Elko, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,’” approved March 14, 1917, as amended.

[Approved March 7, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 5 1/2 of the above-entitled act, being an act to incorporate the town of Elko, chap. 84, Statutes of Nevada 1917, page 127, as amended by chap. 121, Statutes of Nevada 1920-1921, page 195, is hereby amended to read as follows:

      Section 5 1/2.  The county clerk of the county of Elko shall be ex officio registry agent of the city of Elko, and for services performed as such agent shall be allowed by the board of supervisors and shall be paid out of the fund of said city the sum of fifteen cents per name for each and every elector registered. Said board of supervisors may also, at their discretion, and they shall, whenever a petition be presented to them signed by a majority of the qualified electors of said city, or whenever so directed by a majority vote in any election, appoint a city manager, provide his duties and authority and fix his compensation, not to exceed three thousand six hundred ($3,600) dollars per year, which shall be paid in the same manner as other claims against the city are paid. The city manager shall be the chief executive officer of the city. He shall be chosen by the board of supervisors solely on the basis of his qualifications for the position, taking into consideration his educational preparation, age, experience, executive and administrative ability, character and reputation, and in such selection the choice shall not be limited to inhabitants of the city nor of the state. The city manager shall be appointed for an indefinite period, and he may be removed by the board of supervisors. If removed at any time after having served six months, he may demand written charges and a public hearing on the same before the board of supervisors prior to the date on which his final removal shall take effect, but during said interval the board of supervisors may suspend him from office. During the absence or disability of the city manager the board of supervisors shall designate some properly qualified person to perform the duties of the office. The city manager shall be responsible to the city supervisors for the proper administration of all affairs of the city, and to that end shall make all appointments, with the consent and approval of a majority of the city council, except as otherwise provided in this charter.

County clerk ex officio registry agent of city

City manager chief executive officer

Appointment of city manager

City manager responsible to supervisors

No dictation to city manager

Misdemeanor and penalty

Supervisors may appoint city engineer and combine with city manager

Salary

Repeal

In effect

the proper administration of all affairs of the city, and to that end shall make all appointments, with the consent and approval of a majority of the city council, except as otherwise provided in this charter. Except when the city supervisors are considering his removal, the city manager shall be entitled to be present at all meetings of the city supervisors and of their committees and to take part in their discussions. Neither the board of city supervisors nor any of its committees or members shall dictate the appointment of any person to office or employment by the city manager, or in any manner interfere with the city manager or prevent him from exercising his own judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the supervisors and its members shall deal with the administrative service solely through the city manager, and neither the board of supervisors nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately. And such dictation, prevention, orders, or other interference on the part of a member of the board of supervisors with the administration of the city shall be deemed to be a misdemeanor, and any member upon conviction thereof shall be subject to a fine not exceeding $100 or to removal from office, or to both such fine and removal. In the event that a city manager be employed, the duties of the city supervisors as heads of departments shall cease during the period of such employment and be subservient to the provisions of this section.

      Said board of supervisors may also, at their discretion, appoint a city engineer and define his duties. Such appointee shall be a registered and competent engineer and his appointment shall be solely upon the basis of his qualifications as an engineer, said supervisors being the sole judges of his qualifications. Said board of supervisors may, at their discretion, combine the positions of city manager and city engineer and may fix the compensation for such combined position in a sum not to exceed six thousand ($6,000) per year which shall be paid in the same manner as other claims against the city are paid. The appointee to said combined position shall be subject to all of the provisions herein applicable to the city manager.

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

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

[Assembly Bill No. 112–Mr. Gray]

Chap. 37–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.

[Approved March 7, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 869 of the above-entitled act, being section 9358 N. C. L. 1929, is hereby amended to read as follows:

      Section 869.  In case of the sickness or other disability, or necessary absence of a justice, on a return of a summons, or at the time appointed for a trial, another justice of the same county may, at his request, or at the request of a district judge residing in that judicial district, attend in his behalf, and thereupon is vested with the power, for the time being, of the justice before whom the summons was returnable. In that case, the proper entry of the proceedings before the attending justice, subscribed by him, must be made in the docket of the justice before whom the summons was returnable. If the case is adjourned, the justice before whom the summons was returnable may resume jurisdiction.

      Sec. 2.  All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

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

In case of sickness another justice may be called to attend

Justice resume jurisdiction, when

Repeal

In effect

[Senate Bill No. 47–Senator Baker]

Chap. 38–An Act authorizing the county treasurer and the county auditor of Clark County, State of Nevada, to transfer certain funds now in the treasury of said county.

[Approved March 7, 1947]

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

Assembly, do enact as follows:

      Section 1.  The county auditor and the county treasurer of Clark County, State of Nevada, are hereby authorized to transfer from the general emergency loan fund to the general county fund the sum of seven thousand nine hundred and eight dollars and seventeen cents ($7,908.17).

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

Auditor and treasurer to transfer fund

In effect

Definition of delinquent tax

Disposition of moneys

In effect

[Senate Bill No. 20–Committee on Mines and Mining]

Chap. 39–An Act to amend an act entitled “An act relating to the sale, by the county commissioners of the various counties of this state, of patented mining claims which have, or may hereafter, become the property of any county of this state through the operation of the revenue laws of this state,” approved March 6, 1933, as amended.

[Approved March 7, 1947]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act, being section 4309, 1929 Nevada Compiled Laws, 1941 Supp., as amended by chapter 204, 1945 Statutes of Nevada, is hereby amended by inserting a new section to be known as section 1(a) to follow after section 1 of said act and to read as follows:

      Section 1(a).  From and after the passage and approval of this act the amount or sum for which a patented mining claim became the property of the county is hereby defined to mean one year’s taxes, plus penalties and costs.

      All moneys received from the sale of such patented mining claims shall be credited to the county’s general fund.

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

Pershing county officers salaries

[Senate Bill No. 45–Senator Sommer]

Chap. 40–An Act to amend an act entitled “An act concerning certain county officers of the county of Pershing, State of Nevada, providing for their compensation, and other matters properly relating thereto,” approved March 20, 1945.

[Approved March 7, 1947]

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 92 Nevada Statutes 1945, page 139, is hereby amended to read as follows:

      Section 1.  From and after the passage and approval of this act, the officers of Pershing County, Nevada, and their deputies shall receive the following salaries and compensations which shall be full compensation for all services rendered.

      The county commissioners shall each receive a salary of one thousand eighty dollars ($1,080) per annum, and mileage; the county clerk, as such and as ex officio county treasurer, shall receive a salary of three thousand ($3,000) dollars per annum, and he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy with compensation not to exceed twenty-one hundred ($2,100) dollars per annum; the sheriff of said county shall receive three thousand ($3,000) dollars per annum, and he shall be allowed to appoint, by and with the approval of the county commissioners, one deputy who shall receive a salary of not to exceed eighteen hundred ($1,800) dollars per annum, and he shall also have the right and authority to appoint such additional deputies as may be necessary; provided, that the compensation of each such additional deputy shall not exceed five ($5) dollars per day, such compensation to be paid by and with the approval of the board of county commissioners only; the assessor shall receive a salary of three thousand ($3,000) dollars per annum, and by and with the approval of the board of county commissioners he may appoint a deputy whose salary shall be not to exceed twenty-one hundred ($2,100) dollars per annum; the county recorder as such and ex officio auditor, shall receive a salary of three thousand ($3,000) dollars per annum, and he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy, with compensation not to exceed twenty-one hundred ($2,100) dollars per annum; the district attorney shall receive twenty-four hundred ($2,400) dollars per annum, which shall be his compensation in full, except that he may be allowed such additional sums for necessary expenses incurred as the board of county commissioners shall authorize and approve, and he may employ, by and with the approval of the board of county commissioners, such clerks and stenographers as may be necessary, their compensation to be fixed and approved by the county commissioners, and not to exceed fifteen hundred ($1,500) dollars per annum, to be paid in like manner as other county officers are paid.

shall receive a salary of three thousand ($3,000) dollars per annum, and he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy with compensation not to exceed twenty-one hundred ($2,100) dollars per annum; the sheriff of said county shall receive three thousand ($3,000) dollars per annum, and he shall be allowed to appoint, by and with the approval of the county commissioners, one deputy who shall receive a salary of not to exceed eighteen hundred ($1,800) dollars per annum, and he shall also have the right and authority to appoint such additional deputies as may be necessary; provided, that the compensation of each such additional deputy shall not exceed five ($5) dollars per day, such compensation to be paid by and with the approval of the board of county commissioners only; the assessor shall receive a salary of three thousand ($3,000) dollars per annum, and by and with the approval of the board of county commissioners he may appoint a deputy whose salary shall be not to exceed twenty-one hundred ($2,100) dollars per annum; the county recorder as such and ex officio auditor, shall receive a salary of three thousand ($3,000) dollars per annum, and he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy, with compensation not to exceed twenty-one hundred ($2,100) dollars per annum; the district attorney shall receive twenty-four hundred ($2,400) dollars per annum, which shall be his compensation in full, except that he may be allowed such additional sums for necessary expenses incurred as the board of county commissioners shall authorize and approve, and he may employ, by and with the approval of the board of county commissioners, such clerks and stenographers as may be necessary, their compensation to be fixed and approved by the county commissioners, and not to exceed fifteen hundred ($1,500) dollars per annum, to be paid in like manner as other county officers are paid.

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

      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.

Pershing County officers salaries

District attorney allowed additional expenses approved by commissioners

County commissioners may allow additional compensations

Repeal

In effect

Storey County salaries

District attorney salary

May appoint deputy

May appoint secretary

Sheriff salary

May appoint deputy

Extra deputies

Recorder salary

May appoint deputy

[Senate Bill No. 21–Senator McGuirk]

Chap. 41–An Act fixing the compensation of the county officers of Storey County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith.

[Approved March 7, 1947]

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

Assembly, do enact as follows:

      Section 1.  The county officers of Storey County, Nevada, their deputies and such other employees as are named in this act shall receive the following salaries in full compensation for all service rendered by them.

      Sec. 2.  The district attorney of Storey County, Nevada, shall receive a salary of twenty-four hundred ($2,400) dollars per annum for all his services as such officer. In case of emergency he may, with the unanimous consent of the board of county commissioners, employ one deputy who shall receive a salary in an amount not to exceed one hundred fifty ($150) dollars per month. In case of emergency he may, with the unanimous consent of the board of county commissioners, employ one person to act as his secretary, such secretary to serve only as long as said emergency may continue and to be paid at the rate of five ($5) dollars per day, but not to exceed one hundred fifty ($150) dollars per month for services performed in any one month by such secretary.

      Sec. 3.  The sheriff, for services as such and as ex officio assessor, shall receive twenty-eight hundred and twenty ($2,820) dollars per annum. He shall be allowed to appoint one deputy who shall receive a salary of one hundred and eighty ($180) dollars per month, and he shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature. In cases of emergency and when the board of county commissioners deem it necessary the sheriff may, with the unanimous consent and approval of the board of county commissioners, appoint one or more deputies, such deputy or deputies to serve only as long as said emergency may continue and to be paid at the rate of five ($5) dollars per day, but not to exceed one hundred fifty ($150) dollars per month for services performed in any one month by such deputy.

      Sec. 4.  The county recorder, for services as such and as ex officio auditor, shall receive a salary of twenty-four hundred ($2,400) dollars per annum. He shall be allowed to appoint one deputy at a salary not to exceed one hundred and fifty ($150) dollars per month; provided, that in the case of emergency and when the board of county commissioners deem it necessary the county recorder and ex officio auditor may, with the unanimous consent and approval of said board, appoint one or more deputies, such deputy or deputies to serve only as long as said emergency may continue and to be paid at the rate of five ($5) dollars per day, but not to exceed one hundred fifty ($150) dollars per month for services performed in any one month by such deputy.

deem it necessary the county recorder and ex officio auditor may, with the unanimous consent and approval of said board, appoint one or more deputies, such deputy or deputies to serve only as long as said emergency may continue and to be paid at the rate of five ($5) dollars per day, but not to exceed one hundred fifty ($150) dollars per month for services performed in any one month by such deputy. The recorder and ex officio auditor shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.

      Sec. 5.  The county clerk, for services as such and as ex officio treasurer, clerk of the district court, and clerk of the board of county commissioners, shall receive a salary of twenty-seven hundred ($2,700) dollars per annum, which shall be in full compensation for all services rendered. He shall be allowed to appoint one deputy who shall receive a salary of one hundred fifty ($150) dollars per month. In case of emergency and when the board of county commissioners deem it necessary, the clerk may, with the unanimous consent and approval of said board, appoint one or more deputies, such deputy or deputies to serve only as long as said emergency may continue and to be paid at the rate of five ($5) dollars per day, but not to exceed one hundred fifty ($150) dollars per month for services performed in any one month by such deputy. The clerk and ex officio treasurer shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.

      Sec. 6.  The county commissioners of Storey County, Nevada, shall each receive the sum of seven hundred and twenty ($720) dollars per annum, which shall be in full compensation for all services whatsoever required of such commissioners.

      Sec. 7.  No officer shall be allowed any additional compensation for travel within the county of Storey, nor outside the county, except when a necessary trip is made in the interest of the county and in the performance of their official duties and the same shall first be approved by the board of county commissioners, in which event the mileage shall be allowed and paid as provided by section 2207, 1929 N. C. L., 1941 Supp., chapter 34, Statutes of Nevada 1939.

      Sec. 8.  All annual salaries herein provided shall be payable semimonthly in twenty-four equal installments.

      Sec. 9.  No officer mentioned in this act shall receive any fee or commission or perquisites to his own use for the performance of any duty connected with his office, or for the performance of any additional duty imposed upon him, notwithstanding any other law to the contrary.

Extra deputies

County clerk salary

May appoint deputy

Extra deputies

County commissioners salaries

Travel expense allowed when

Officers not to receive fees for own use

In effect

Repeal

      Sec. 10.  This act shall become effective on the first day of the first month following its passage and approval.

      Sec. 11.  All acts or parts of acts insofar as they are inconsistent with the provisions of this act are hereby repealed.

Duties of attorney general in preparation of legislation

Further duties of attorney general

[Senate Bill No. 14–Committee on Rules]

Chap. 42–An Act requiring the attorney general to prepare and assist in the preparation and amendment of legislative measures when requested, defining his duties, providing for the employment of special deputies and stenographers, and other matters relating thereto.

[Approved March 11, 1947]

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

Assembly, do enact as follows:

      Section 1.  The attorney general shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as herein provided.

      Sec. 2.  Upon request, the attorney general shall advise any state agency or department as to the preparation of measures to be submitted to the legislature.

      Sec. 3.  Upon request, the attorney general shall aid and assist any member of the legislature as to bills, resolutions and measures, drafting them into proper form, and furnishing to the member the fullest information upon all matters within the scope of the attorney general’s office. Neither the attorney general nor any deputy or employee of his staff shall oppose or urge legislation, nor shall they reveal to any person outside thereof the contents or nature of any matter which has not become a public record, except with the consent of the person bringing such matter before the attorney general and his staff.

      Sec. 4.  The attorney general shall give consideration to and service concerning any measure before the legislature as circumstances will permit, and which is in any way requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.

      Sec. 5.  Upon request, the attorney general shall advise as to its work with any legislative committee appointed to carry on investigations.

      Sec. 6.  After final adjournment, the attorney general shall give such consideration to and service concerning any bill in the governor’s hands for rejection, approval, or other action, as the circumstances will permit and the governor requests.

      Sec. 7.  Before introduction, any bill may be delivered to the attorney general for the purpose of determining if the bill is in the proper form as prescribed by law or rule of the houses. He shall have authority to correct any clerical error such as orthography, adding or correcting the enacting clause, mistakes in numbering sections and references thereto, and in any other particular wherein the bill does not comply in form with law or rule of the houses.

      If, in the opinion of the attorney general, any correction made by him under the authority of this section should in any manner be construed to be a change in the bill other than a change in form, he shall obtain the consent of the author of the bill before making such change.

      Sec. 8.  The attorney general of Nevada is hereby authorized to employ special deputies, at a compensation to be set by him, to aid and assist him in carrying out the duties prescribed in this act, and they shall be employed for such length of time as the attorney general may deem to be necessary for the effective conduct of the legislative work prescribed by this act.

      Sec. 9.  The attorney general of Nevada is hereby authorized to employ stenographers at a compensation to be set by him, to aid and assist him in carrying out the duties prescribed in this act, and they shall be employed for such length of time as the attorney general may deem to be necessary for the effective conduct of the legislative work prescribed by this act.

      Sec. 10.  The attorney general of Nevada, during the time the legislature is in session, shall assign at least one special deputy and stenographers for each house of the legislature, and they shall be located in the capitol building.

      Sec. 11.  All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

Correction of errors

Employment of deputies

May employ stenographers

Assignment of deputies

Repeal

Title amendment

Definitions

[Senate Bill No. 6–Senator Tallman]

Chap. 43–An Act to amend the title of and to amend an act entitled “An act to provide for the conservation and distribution of underground waters, providing for the designation of artesian well basins and defining such wells and providing the method of appropriating the waters thereof; defining the powers and duties of the state engineer in the administration hereof; providing for the casing and capping of artesian wells and for the prevention of waste of water therefrom; prescribing penalties for the violation of the provisions of this act, and repealing certain acts and parts of acts in conflict herewith,” approved March 25, 1939.

[Approved March 15, 1947]

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

Assembly, do enact as follows:

      Section 1.  That the title of the above-entitled act be amended to read as follows:

      An act to provide for the conservation and distribution of underground waters, providing for the designation of artesian well basins and defining such wells and providing the method of appropriating the waters thereof; defining the powers and duties of the state engineer in the administration hereof; providing for the casing and capping of artesian wells and for the prevention of waste or water therefrom; providing for the licensing of well drillers; providing a forfeiture clause and providing a method for determination of vested rights, and matters relating thereto; prescribing penalties for the violation of the provisions of this act; adding hereto sections 7a, 9a, and 9b, and repealing certain acts and parts of acts in conflict herewith, approved March 25, 1939, and as amended.

      Sec. 2.  Section 2 of the above-entitled act, being section 7993.11 N. C L. 1941 Supplement, is hereby amended to read as follows:

      Section 2.  The word “person” as used herein shall be interpreted to mean any firm, partnership, association, company, or corporation, municipal corporation, power district, political subdivision of this or any State or United States government agency. The word “aquifer” as used herein means a geological formation or structure that transmits water. The words “artesian well” as used herein mean a well tapping an aquifer underlying an impervious material in which the static water level in said well stands above where it is first encountered in said aquifer. The word “waste” as used herein is defined as causing suffering or permitting any artesian well to discharge water unnecessarily above or below the surface of the ground so that the waters thereof are lost for beneficial use or in any canal or ditch conveying water from a well where the loss of water in transit is more than 20% of the amount of water discharged from said well, or in any event where over 20% of the water discharging from a well is lost from beneficial use.

above or below the surface of the ground so that the waters thereof are lost for beneficial use or in any canal or ditch conveying water from a well where the loss of water in transit is more than 20% of the amount of water discharged from said well, or in any event where over 20% of the water discharging from a well is lost from beneficial use. The words “well driller” as used herein means any person, firm, copartnership, association or corporation, who shall drill a well or wells for compensation or otherwise, upon land other than his own. The words “general water law” as used herein means the statutory water laws of 1913 and all amendments thereto.

      Sec. 3.  Section 3 of the above-entitled act, being section 7993.12 N. C. L. 1941 Supplement, is hereby amended to read as follows:

      Section 3.  The act shall not apply to the developing and use of underground water for domestic purposes where the draught does not exceed two gallons per minute and where the water developed is not from an artesian well within a designated area as hereinafter provided for under section 4 except as to the furnishing of any information required by the state engineer.

      Sec. 4.  Section 4 of the above-entitled act, being section 7993.13 N. C. L. 1941 Supplement, is hereby amended to read as follows:

      Section 4.  Upon receipt by the state engineer of a petition requesting him to administer the provisions of this act, as relating to designated areas, signed by not less than 10 percent of the owners of wells, in any particular basin, having a legal right to appropriate underground water therefrom, he shall designate such area by basin, or by subbasin, or by township and proceed with the administration of this act as provided for herein. Such supervision to be exercised on all wells tapping artesian water or water in definable underground aquifers drilled subsequent to March 22, 1913, and on all wells tapping percolating water, the course and boundaries of which are incapable of determination, drilled subsequent to March 25, 1939; save and excepting those wells coming under the provisions of section 3 of this act.

      Sec. 5.  Section 5 of the above-entitled act, being section 7993.14 N. C. L. 1941 Supplement, as amended by chapter 106 Statutes of Nevada 1943, is hereby amended to read as follows:

      Section 5.  Upon the initiation of the administration of this act in any particular basin, and where the investigations of the state engineer have shown the necessity for the supervision over the waters in such basin, and upon recommendation of the state engineer, the county commissioners of the county within which such basin is situated may employ, with the consent and approval of the state engineer, a well supervisor and whatever other assistants deemed necessary, who shall execute the duties as provided in this act under the direction of the state engineer.

Exception domestic use

State engineer duties

Appointment of supervisors

Appointment of supervisors

Permits

consent and approval of the state engineer, a well supervisor and whatever other assistants deemed necessary, who shall execute the duties as provided in this act under the direction of the state engineer. The salary of such well supervisor and his assistants shall be fixed by the board of county commissioners upon the recommendation of the state engineer. The board of county commissioners shall levy a special tax annually, or at such time as the same is needed, upon all taxable property situated within the confines of the area so designated by the state engineer to come under the provisions of this act in such an amount as may be necessary to pay said salary or salaries, together with necessary expenses; provided, said salary or salaries and expenses may be paid by the state engineer from “The Water Distribution Fund,” created by chapter 232, Statutes of 1931, as amended by chapter 23, Statutes of 1943, pending the levy and collection of the tax as provided in this section. It shall be the duty of the proper officers of the county to levy and collect such special tax as other special taxes are levied and collected, and such tax shall be a lien upon the said property. The tax herein provided for, when collected, shall be deposited with the state treasurer of Nevada in a fund in the state treasury which shall be designated as the .......................... basin, .......................... County well fund. All claims against said fund in the state treasury shall be certified by the state engineer and approved by the state board of examiners; the state controller is authorized to draw his warrant therefor against such well fund and the state treasurer shall pay the same.

      Sec. 6.  Section 6 of the above-entitled act, being section 7993.15 N. C. L. 1941 Supplement, as amended by chapter 106 Statutes of Nevada 1943, is hereby amended to read as follows:

      Section 6.  Every person desiring to sink or bore a well in any proven artesian basin, or any basin or subbasin in the state designated by the state engineer, as herein provided for, shall first make application to and obtain from the state engineer a permit to appropriate such water in accordance with the provisions of the general water law of this state relating to the appropriation of the public waters, before performing any work in connection with the boring or sinking of said well. In other basins or subbasins which have not been designated by the state engineer as aforesaid where the water sought to be appropriated is underground water existing in unconfined aquifers and not being under any hydrostatic (artesian) pressure, no application or permit to appropriate such water is necessary until after the well is sunk or bored and water developed. Before any legal diversion of water can be made from said well the appropriator must make application to the state engineer in accordance with the provisions of the general water law of this state for a permit to appropriate such water.

application to the state engineer in accordance with the provisions of the general water law of this state for a permit to appropriate such water.

      Sec. 7.  Section 7 of the above-entitled act, being section 7993.16 N. C. L. 1941 Supplement, is hereby amended to read as follows:

      Section 7.  During the sinking or boring of a well in any proven artesian basin the permittee shall cause to be placed in such well a proper and sufficient casing approved by the state engineer, so arranged as to prevent the caving in of such well and to prevent the escape of water therefrom through any intervening sand or gravel stratum, and must be of sufficient length to reach the deepest aquifer encountered during the sinking or boring of said well. The number, size, type, and distribution of perforations is optional with the permittee, excepting that no perforations must be made in a pipe tapping confined (artesian) water above the confining impervious materials. The permittee shall provide the necessary valves, plugs, or other appliances to prevent or control the flow of water from such well and prevent the loss of underground water above or below the ground surface.

      Sec. 8.  The above-entitled act is further amended hereby by inserting therein immediately after section 7 thereof a new section to be known as and designated section 7a, which shall read as follows:

      Section 7a.  Every well driller or person as hereinbefore defined, before engaging in the physical drilling of a well in the State of Nevada for development of water shall, from and after July 1, 1947, and annually thereafter, make application to the state engineer for a license to drill. The application for such license and all licenses issued for the drilling of wells shall be in the form prescribed by the state engineer. All well drilling licenses shall expire on the thirtieth day of June following the issuance thereof and shall not be transferable. A fee of five dollars shall accompany each application for such license and a fee of two dollars shall be paid each year for renewal thereof. All such license fees shall be kept by the state engineer and used only to pay costs pertaining to such licensing. The state engineer is authorized and directed to prepare and keep on file in his office rules and regulations for well drilling.

      No person shall drill a well for water in this state without having first obtained a well-drilling license therefor as provided in this section. Well drillers are required to comply with the rules and regulations as may be adopted by the state engineer governing the granting of licenses to well drillers. If the state engineer shall determine, upon investigation and after hearing held upon at least fifteen days’ notice sent by registered mail to the licensed well driller, that said well driller has failed to comply with the required rules and regulations, the state engineer may revoke his license.

Casing and appliances

Well driller license

Fee

Refusal of license

Log

Test

Waste prohibited

Penalty

registered mail to the licensed well driller, that said well driller has failed to comply with the required rules and regulations, the state engineer may revoke his license. The state engineer may refuse to issue a license to a well driller if it appears that he has violated the rules and regulations or has failed to comply with the following provisions:

      The well driller shall keep a log of the depth, thickness, and character of the different strata penetrated and the location of water-bearing strata, and he shall keep an accurate record of the work, including a statement of the date of beginning work, the date of completion, the length, size, and weight of the casing and how same is placed; the size of drilled hole, where sealed off and the type of seal, the name of the well driller and the type of drilling machine used, the number of cubic feet per second or gallons per minute of flow from such well when completed, and the pressure in pounds per square inch if it is a flowing well, and if nonflowing, the static water level, and the water temperature. If the well is to be tested by pumping by the permittee, immediately following the completion of the test the report shall include the drawdown in respect to the amount of water pumped, and any additional information requested by the state engineer, all of which shall be verified under oath on forms prescribed by the state engineer, and be returned within thirty days following the completion of said well; such record and dates to become of permanent record in the state engineer’s office.

      Sec. 9.  Section 8 of the above-entitled act, being section 7993.17 N. C. L. 1941 Supplement, as amended by chapter 106 Statutes of Nevada 1943, is hereby amended to read as follows:

      Section 8.  No person controlling an artesian well in any basin in Nevada shall suffer the waters therefrom to flow to waste, unless, and as far as reasonably necessary in the judgment of the state engineer, to prevent the obstruction thereof, or to flow or be taken therefrom any water except for beneficial purposes. The owner of any artesian well from which water is being unnecessarily wasted shall be deemed guilty of a misdemeanor, and, if upon fifteen days’ written notice by registered mail, return receipt requested, the owner fails to abate or refuses to abate such waste, the state engineer or his assistants or authorized agents, may, without further notice, take such steps as may be necessary to abate such waste, such as fitting the well with the proper valves or other necessary devices to the end that such waste is prevented. The cost thereof, including the labor and material may in the first instance be paid by the state engineer from the water distribution fund, as provided in section 5 of this act; but any such cost in any event shall be a lien on the land on which said well is located and, also, any other land owned by him to which the water from said well is appurtenant; provided, that the state engineer, his assistants, or authorized agents, as the case may be, shall file an itemized and sworn statement, setting forth the date when such work was done and the nature of the labor so performed, with the county recorder of the county wherein said well is situated, within thirty days from the time of completion of such work, and when so filed it shall constitute a valid lien against the interest of such owner or owners in default, and which said lien may be enforced in the same manner as provided by law for the enforcement of mechanics’ liens.

which said well is located and, also, any other land owned by him to which the water from said well is appurtenant; provided, that the state engineer, his assistants, or authorized agents, as the case may be, shall file an itemized and sworn statement, setting forth the date when such work was done and the nature of the labor so performed, with the county recorder of the county wherein said well is situated, within thirty days from the time of completion of such work, and when so filed it shall constitute a valid lien against the interest of such owner or owners in default, and which said lien may be enforced in the same manner as provided by law for the enforcement of mechanics’ liens. The county recorder shall make no charge for filing the claim of lien, and no costs shall be taxed against the state engineer, his assistants, or authorized agents, in any suit or proceeding on account of such lien.

      Sec. 10.  Section 9 of the above-entitled act, being section 7993.18 N. C. L. 1941 Supplement, is hereby amended to read as follows:

      Section 9.  A legal right to appropriate underground water for beneficial use from an artesian well or from a definable aquifer by means of a well, tunnel, or otherwise drilled, bored, or otherwise constructed subsequent to March 22, 1913, or from a well, tunnel, or otherwise tapping percolating water, the course and boundaries of which are incapable of determination, that was drilled, bored, or otherwise constructed subsequent to March 25, 1939, can only be acquired by complying with the provisions of the general water law of this state pertaining to the appropriation of water. In an area within which the state engineer is supervising distribution of waters from an underground source as in this act provided, the state engineer may, upon written notice sent by registered mail, return receipt requested, advise the owner of a well who is using water therefrom without first making application and obtaining a permit to appropriate such water to cease using such water until he has complied with the laws pertaining to the appropriation of water. If said owner fails to initiate proceedings to secure such permit within thirty days from the date of such notice he shall be deemed guilty of a misdemeanor. The date of priority of all appropriations of water from an underground source, mentioned in this section, is the date when application is made in proper form and filed in the office of the state engineer pursuant to the general water laws of this state.

      Sec. 11.  The above-entitled act is further amended hereby by inserting therein immediately after section 9 thereof a new section to be known and designated section 9a, which shall read as follows:

Penalty

Appropriation under general law

Order to desist

Penalty

Forfeiture

Abandonment

Existing rights

      Section 9a.  Failure for five successive years on the part of the holder of any right, whether it be an adjudicated right, an unadjudicated right, or permitted right, and further whether such right be initiated after or before the passage of this act, to use beneficially all or any part of the underground water for the purpose for which such right shall be acquired or claimed, shall work a forfeiture of undetermined rights and an abandonment of determined rights of the right to the use of such water to the extent of such nonuse. Upon the forfeiture of a right to the use of ground water, such water shall revert to the public and shall be available for further appropriation, subject to existing rights. If upon notice by registered mail to the party of record whose right had been declared forfeited, such party fails to appeal such ruling in the manner provided for in the general water law and as set forth in section 75, chapter 253, Statutes of 1915 (section 7961 N. C. L. 1929), and within the time provided for therein, the forfeiture becomes final.

      A right to use underground water whether it be vested or otherwise may be lost by abandonment. The state engineer in investigating a ground-water source, upon which there has been a prior right, for the purpose of acting upon an application to appropriate water from the same source and from his investigation is of the belief that an abandonment has taken place shall so state in his ruling approving the application. If upon notice by registered mail to the party of record who had the prior right such party fails to appeal such ruling in the manner provided for in the general water law and as set forth in section 75, chapter 253, Statutes of 1915 (section 7961, N. C. L. 1929), and within the time provided for therein, the alleged abandonment declaration as set forth by the state engineer becomes final.

      Sec. 12.  The above-entitled act is further amended hereby by inserting therein immediately after section 9a thereof a new section to be known as and designated section 9b, which shall read as follows:

      Section 9b.  Existing water rights to the use of underground water are hereby recognized. For the purpose of this act a vested right is a water right on underground water acquired from an artesian well or from a definable aquifer prior to March 22, 1913, and an underground water right on percolating water, the course and boundaries of which are incapable of determination, acquired prior to March 25, 1939. The distinction as to whether water is in a definable aquifer or whether it is percolating water, the course and boundaries of which are incapable of determination, is a matter to be determined by the state engineer. The state engineer is herewith empowered to make such rules as are necessary and which are to be followed in making such classification.

      Any claimant of a vested underground water right may petition the state engineer to adjudicate such rights. If upon investigation he finds the facts and conditions justify it, to enter an order granting said petition and to make proper arrangements to proceed with such determination. In such order the state engineer shall designate the area within which such determination is to be made, in the manner set forth in section 4 of this act; provided, that the size of such designated area may include other claimed underground vested water rights; and further provided, that such designated area shall not extend into other drainage basins. Following the designation of such area the state engineer shall proceed adjudicating such rights as provided for in the general water law of Nevada.

      Sec. 13.  Section 10 of the above-entitled act, being section 7993.19 N. C. L. 1941 Supplement, is hereby amended to read as follows:

      Section 10.  The state engineer shall administer this act and shall prescribe all necessary rules and regulations within the terms of this act for such administration. The state engineer may require periodical statements of water elevations, water used, and acreage on which water was used from all holders of permits and claimants of vested rights; may upon his own initiation conduct pumping tests to determine if overpumping is indicated, to determine the specific capacity of the aquifers and to determine permeability characteristics; he shall determine if there is unappropriated water in the area affected and shall issue permits only if such determination is affirmative. It shall be an express condition of each appropriation of ground water acquired under this act that the right of the appropriator shall relate to a specified quantity of water which may be obtained with a pumping lift which does not exceed the maximum lift found by the state engineer to be reasonable or feasible at the time of the granting of the permit, and that such right does not include the right to have the water level at the appropriator’s point of diversion maintained at any level higher than that necessary to make effective such reasonable or feasible pumping lift; and nothing herein shall be so construed as to prevent the granting of permits to applicants later in time on the ground that the diversions under such proposed later appropriations may cause the water level to be lowered at the point of diversion of a prior appropriator, so long as the rights of holders of existing appropriations can be satisfied under such express condition. The state engineer at any time may hold a hearing on his own motion, or upon petition signed by a representative body of users of underground water in any area or subarea, to determine whether the water supply within any area or subarea is adequate for the needs of all permittees and all vested right claimants, and if the determination is negative the state engineer shall order that withdrawals be restricted to conform to priority rights during the period of shortage.

Adjudication

State engineer to administer act

Duties of state engineer

Duties of state engineer

Penalties

Repeal

In effect

and all vested right claimants, and if the determination is negative the state engineer shall order that withdrawals be restricted to conform to priority rights during the period of shortage. In any basin or subbasin in the state designated by the state engineer as herein provided, the state engineer may restrict drilling of wells in any portion thereof if he determines that additional wells would cause an undue interference with existing wells; provided, any order or decision of the state engineer so restricting drilling of said wells may be reviewed by the district court of the county pursuant to section 75 (sec. 7961 N. C. L. 1929) of the general water law.

      Sec. 14.  Section 12 of the above-entitled act, being section 7993.21 N. C. L. 1941 Supplement, is hereby amended to read as follows:

      Section 12.  Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum of not less than fifty ($50) dollars nor more than five hundred ($500) dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.

      Sec. 15.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

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

[Senate Bill No. 4–Senators Budelman, Cox, and Robbins]

Chap. 44–An Act defining occupational diseases; providing for the creation and disbursement of funds for the compensation and care of workmen disabled by occupational diseases in the course of employment and the compensation of their dependents where such occupational disease results in death; making premium payments by certain employers compulsory; imposing the administration of this act upon the Nevada industrial commission; authorizing the Nevada industrial commission to make such rules and regulations as may be necessary; authorizing the Nevada industrial commission to invest the funds provided for; defining and regulating the liability of the employers to their employees, and repealing all acts and parts of acts in conflict with this act.

[Approved March 15, 1947]

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

Assembly, do enact as follows:

      Section 1.  This act shall be known as the “Nevada Occupational Diseases Act.”

      Sec. 2.  This act shall be administered by the Nevada industrial commission.

      Sec. 3.  Unless a different meaning is clearly indicated by the context, definitions hereinafter set forth shall govern the construction and meaning of the terms and phrases used in this act.

      Sec. 4.  Unless the context otherwise requires, a word used in this act in the singular number shall also include the plural; and the masculine gender shall also include the feminine and neuter.

      Sec. 5.  The term “act” when used herein means the Nevada occupational diseases act.

      Sec. 6.  The term “commission” when used in this act shall mean the Nevada industrial commission.

      Sec. 7.  The term “compensation” means the money allowance payable to an employee or to his dependents as provided for in this act, and includes funeral benefits and medical benefits provided therein.

      Sec. 8.  The term “medical benefits” as used in this act shall be construed to mean: Medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatus, including artificial members.

      Sec. 9.  The following shall constitute employers subject to the provisions of this act:

      (a) The state and each county, city, school district, and all public and quasi-public corporations therein, without regard to the number of persons in the service of any such employer.

Short title

Administrator

Definitions govern; exceptions

Compensation money allowance

Medical benefits

Employers, who are

Employees, who are

Employees excluded

Independent contractors

Associated workmen

regard to the number of persons in the service of any such employer.

      (b) Every person, firm, voluntary association and private corporation, including any public service corporation, which has in service four (4) or more employees under a contract of hire; provided, that employers who have in service less than four (4) employees, and employers whose employees are excluded by paragraph (b) of section 11, shall have the right to elect to come under the provisions of this act by notifying the commission in writing of the election thereof, and by complying with the rules and regulations of the commission.

      (c) The legal representative of any deceased employer.

      Sec. 10.  The terms “employee” and “workman” are used interchangeably in this act and shall be construed to mean: Every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes:

      (a) Aliens and minors.

      (b) All elected and appointed paid public officers.

      (c) All officers and members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.

      (d) A working member of a partnership receiving wages, irrespective of profits from such partnership.

      (e) Lessees engaged in either mining or operating reduction plants; provided, however, that such lessees shall be deemed employees of the lessor and for the purposes of this act shall be deemed to be employed at the average wage paid to miners employed regularly in the same locality.

      Sec. 11.  The term “employee” excludes:

      (a) Any person whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer. The term “casual” refers only to employments where the work contemplated is to be completed in not exceeding ten (10) working days, without regard to the number of men employed, and where the total labor cost of such work is less than one hundred dollars ($100).

      (b) Any person engaged in household domestic service, farm, dairy, agricultural, or horticultural labor, or in stock or poultry raising, except as otherwise provided herein.

      Sec. 12.  The term “independent contractor” means any person who renders service for a specified recompense for a specified result, under the control of his principal as to the result of his work only and not as to the means by which such result is accomplished.

      Sec. 13.  Workmen associating themselves under a partnership agreement, the principal purpose of which is the performance of the labor on a particular piece of work, shall be deemed employees of the person having such work executed, and, in the event that the average monthly wages are not otherwise ascertainable, shall be deemed to be employed at the average monthly wages of workmen engaged in like work in the same locality.

be deemed employees of the person having such work executed, and, in the event that the average monthly wages are not otherwise ascertainable, shall be deemed to be employed at the average monthly wages of workmen engaged in like work in the same locality.

      Sec. 14.  Workmen described in subdivision (e) of section 10 and in section 13, whose employer is within the provisions of this act, shall be reported by such employer separate and apart from those employed at a daily wage, and such report shall briefly describe the agreement under which the work is to be performed, the aggregate number of shifts worked during the preceding month and the total amount earned by such employees, computed on the average daily wages of workmen engaged in like work in the same locality; otherwise the pay roll reports and premium payments on earnings of employees described in this section shall be governed by the requirements of this act regarding employees engaged at a regular wage; provided, however, that any such workmen, partnership or lessees, by filing with the commission an acceptance of the provisions of this act and by the payment of the premiums in advance upon the estimated earnings of themselves, and any workmen they may employ, may discharge the obligation placed upon the employer, and during the period of their compliance with the provisions of this act, the person having the work executed, as provided in section 13, or the lessor, as provided in subdivision (e) of section 10, shall be relieved of this obligation.

      Sec. 15.  The term “subcontractors” shall include independent contractors.

      Sec. 16.  Subcontractors and their employees shall, for the purpose of this act, be deemed to be employees of the principal contractor, or other person having the work done.

      Sec. 17.  This act shall not be construed to apply to employments which, according to law, are so engaged in interstate commerce as to be not subject to the legislative power of the state, nor to persons while they are so engaged, nor shall it be construed to apply to employments covered by private disability and death benefit plans which comprehend payments of compensation of equal or greater amounts for the purposes covered in this act, and which have been in effect for one year prior to the effective date of this act.

      Sec. 18.  Every employer within the provisions of this act, and those employers which shall accept the terms of this act and be governed by its provisions, as herein provided, shall provide and secure compensation according to the terms, conditions and provisions of this act for any and all occupational diseases sustained by an employee, arising out of and in the course of the employment; and in such cases the employer shall be relieved from other liability for recovery of damages, or other compensation for such occupational disease, unless by the terms of this act otherwise provided.

Certain workmen reported separately

Payment of advance premiums; discharge of obligation

Subcontractors and employees deemed employees

Act not to apply, when

Employers to provide compensation

Employer not relieved of liability, when

Rights provided herein exclusive and obligatory

Act obligatory on state contractors

or other compensation for such occupational disease, unless by the terms of this act otherwise provided. If an employer of four (4) or more persons shall fail to provide and secure compensation in accordance with this act, in such case such employer shall not escape liability for occupational disease sustained by an employee of such employer when the disease sustained arises out of and in the course of employment, because:

      (1) The employee assumed the risks inherent or incidental to, or arising out of, his employment; or the risks arising from the failure of the employer to provide and maintain a reasonably safe place to work, or the risks arising from the failure of the employer to furnish reasonably safe tools or appliances, or because the employer exercised reasonable care in selecting reasonably competent employees in the business;

      (2) The disease was caused by the negligence of a coemployee;

      (3) The employee was negligent, unless and except it shall appear that such negligence was willful and with intent to cause the occupational disease, or the result of intoxication on the part of the disabled party;

      (4) In actions by an employee against an employer for occupational disease sustained arising out of and in the course of the employment where the employer has not provided compensation under this act, it shall be presumed that the disablement of the employee was the first result and growing out of the negligence of the employer, and that such negligence was the proximate cause of the disease; and in such case the burden of proof shall rest upon the employer to rebut the presumption of negligence.

      Sec. 19.  The rights and remedies provided in this act on account of an occupational disease sustained by an employee, arising out of and in the course of the employment shall be exclusive, except as otherwise herein provided, of all other rights and remedies of such employee, his personal or legal representative, dependents, or next of kin, at common law or otherwise, on account of such disease; and the terms, conditions and provisions of this act for the payment of compensation and the amount thereof for such diseases sustained or death resulting from such diseases shall be conclusive, compulsory, and obligatory upon both employers and employees coming within the provisions hereof.

      Sec. 20.  Before any person, firm, or corporation shall commence work under any contract with the state or any political subdivision thereof, such contractor shall furnish to the public authority having charge of the letting of such contract a certificate of the industrial commission certifying that such contractor has complied with the provisions of this act.

      Sec. 21.  An employer having become subject to the provisions of this act as provided for in paragraph (b) of section 9, shall continue subject to the terms thereof regardless of the fact that the number of employees shall fall below the number stated in said paragraph (b) of section 9, unless, prior to the time a claim for compensation under the terms of this act arises in favor of one of his employees or the dependents of said employee, the employer effects a withdrawal of the provisions of this act by filing in the office of the commission a notice in writing showing such decrease in the number of employees in the service of such employer.

      Sec. 22.  If any employer having four (4) or more employees in his service fails to provide and secure compensation under this act, any employee contracting an occupational disease as herein provided, or, in case of death, his dependents, may bring an action at law against such employer for damages as if this act did not apply; provided further, that such employer shall also be guilty of a misdemeanor and shall, upon conviction, be fined not less than one hundred dollars ($100), nor more than five hundred dollars ($500) for each offense.

      Sec. 23.  The commission shall have all of the powers, authority and duties with respect to the prosecution and defense of suits, the collection, administration, investment and disbursement of the occupational diseases fund as are provided for in the Nevada industrial insurance act relative to the prosecution and defense of suits, the collection, administration, investment and disbursement of the state insurance fund and the accident benefit fund for the compensation of injured employees not inconsistent with the terms of this act; provided, that the occupational diseases fund herein created shall be a separate and distinct fund and shall be so kept on the commission records, but shall, in the hands of the state treasurer and for the purposes of custody thereof, be and constitute a part of the state insurance fund subject to the same provisions in regard thereto as are in the Nevada industrial insurance act contained.

      Sec. 24.  No contract of employment, insurance, relief benefit, or indemnity, or any other device, shall modify, change or waive any liability created by this act; such contract of employment, insurance, relief benefit, or indemnity, or other device having for its purpose the waiver or modification of the terms or liability created by this act, shall be void.

      Sec. 25.  Every employee who is disabled or dies because of an occupational disease as herein defined arising out of and in the course of the employment, or the dependents, as that term is defined in the Nevada industrial insurance act, of an employee whose death is caused by an occupational disease, shall, on and after July 1, 1947, be entitled to the compensation provided by the Nevada industrial insurance act for temporary total disability, permanent total disability, or death, as the facts may warrant, subject to the modifications herein mentioned; provided, that no person shall be entitled to such compensation unless for ninety (90) days next preceding the contraction of the occupational disease, the employee has been a resident of the State of Nevada, or for ninety (90) days next preceding the contraction of the occupational disease, has been employed by an employer contributing to the occupational diseases fund of Nevada for the benefit of such employee; and providing further, where an employee, though not actually disabled, is found to be affected by silicosis, he may, subject to the approval of the medical board, provided for by section 58(h) of the Nevada industrial insurance act, be permitted to waive in writing full compensation for an aggravation of his condition that may result from his continuing in his hazardous occupation.

Employer to remain subject to act; exception

Employee to bring action, when

Penalty

Duties and powers of commission

Separate fund

Terms of act not modified by contract

Employee entitled to compensation, when

Employee affected by silicosis may waive full compensation

Full compensation not payable, when

Diseases shall arise out of employment within certain time

of an employee whose death is caused by an occupational disease, shall, on and after July 1, 1947, be entitled to the compensation provided by the Nevada industrial insurance act for temporary total disability, permanent total disability, or death, as the facts may warrant, subject to the modifications herein mentioned; provided, that no person shall be entitled to such compensation unless for ninety (90) days next preceding the contraction of the occupational disease, the employee has been a resident of the State of Nevada, or for ninety (90) days next preceding the contraction of the occupational disease, has been employed by an employer contributing to the occupational diseases fund of Nevada for the benefit of such employee; and providing further, where an employee, though not actually disabled, is found to be affected by silicosis, he may, subject to the approval of the medical board, provided for by section 58(h) of the Nevada industrial insurance act, be permitted to waive in writing full compensation for an aggravation of his condition that may result from his continuing in his hazardous occupation. In the event of total disablement or death as a result of the disease with which the employee was so affected, after such a waiver, compensation shall nevertheless be payable as herein elsewhere provided, but in no case, whether for disability or death or both, shall the compensation exceed fifty (50%) percent of the amount that would have been paid had an employee not been previously affected. A waiver so permitted shall remain effective, for the trade, occupation, process, or employment for which executed, notwithstanding a change or changes of employer. The commission shall make reasonable rules and regulations relative to the forms, execution, filing, or registration and public inspection of waivers or records thereof.

      Sec. 26.  (a) The occupational diseases hereinafter defined shall be deemed to arise out of and in the course of the employment, only when such disease was contracted within twelve (12) months previous to the date of the disablement, and if there is a direct causal connection between the conditions under which the work is performed and the occupational diseases, and which can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment, and which can be fairly traced to the employment as the proximate cause, and which does not come from a hazard to which workmen would have been equally exposed outside of the employment. The disease must be incidental to the character of the business and not independent of the relation of employer and employee. The disease need not have been foreseen or expected, but after its contraction must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a natural consequence.

      (b) Only the following diseases shall be considered occupational diseases and compensable as such, when contracted by an employee arising out of and in the course of the employment in any process described herein.

                                                                  Schedule

Description of diseases

Description of diseases

      No compensation shall be paid in case of silicosis unless during the ten years immediately preceding the disablement or death the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than four (4) years in employment in Nevada, some portion of which shall have been after the effective date of this act.

      Compensation, medical, hospital, and nursing expenses on account of silicosis shall be payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of the Nevada industrial insurance act, and only in the event of such disability or death resulting within two (2) years after the last injurious exposure; provided, that in the event of death following continuous total disability commencing within two (2) years after the last injurious exposure, the requirement of death within two (2) years after the last injurious exposure shall not apply; provided further, that the maximum compensation payable, exclusive of medical and funeral benefits for death or disability due to silicosis, shall not exceed the sum of five thousand dollars ($5,000); and provided further, that hospital, nursing and medical benefits shall be limited to an amount not exceeding the sum of five hundred dollars ($500).

      Claims for compensation on account of silicosis shall be forever barred unless application shall have been made to the industrial commission within one (1) year after total disability began or within six (6) months after death.

Description of diseases

No compensation for silicosis, when

Compensation for silicosis payable, when

Maximum compensation

Claims barred, when

Compensation for silicosis denied, when

Disablement, total disablement construed

Conditions applicable

Willful misconduct, effect of

Injury and disease, effect of

Fund

Claim barred, when

industrial commission within one (1) year after total disability began or within six (6) months after death.

      Nothing in this act shall entitle an employee or his dependents to compensation, medical, hospital, and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.

      Sec. 27.  The terms “disablement” and “total disablement” are used interchangeably in this act and shall be construed to mean the event of becoming physically incapacitated by reason of an occupational disease, as defined in this act, from performing any work for remuneration or profit. In all cases under this act, the date of disablement shall be such date as the industrial insurance commission shall determine on hearing of the employee’s claim in accordance with the findings of the medical board as provided in section 58(h) of the Nevada industrial insurance act.

      Sec. 28.  All conditions, restrictions, limitations, and other provisions of section 26 of this act with reference to the payment of compensation or benefits on account of silicosis shall be applicable to the payment of compensation or benefits on account of any other occupational disease of the respiratory tract resulting from injurious exposure to dusts.

      Sec. 29.  No compensation shall be awarded on account of disability or death from a disease suffered by an employee who, at the time of entering into the employment from which the disease is claimed to have resulted, shall have willfully and falsely represented himself as not having previously suffered from such disease. No compensation shall be payable under this act when disability or death is wholly or in part caused by the willful misconduct or willful self-exposure of the employee.

      Sec. 30.  Compensation shall not be awarded on account of both injury and disease; provided, that if an employee claims to be suffering from both an occupational disease and an injury, the commission shall determine which is causing the disability and shall pay compensation therefor from the proper fund in accordance with the provisions of the Nevada industrial insurance act.

      Sec. 31.  Compensation for disability sustained on account of occupational disease by an employee, or the dependents of such employee as defined herein, shall be paid from the occupational disease fund provided for herein.

      Sec. 32.  In all cases of occupational disease or death resulting from occupational disease, except as otherwise herein provided, claims for compensation shall be forever barred, unless, within four (4) months after the disability due to the disease began, or within six (6) months after death occurred, a claim therefor shall be filed with the commission.

unless, within four (4) months after the disability due to the disease began, or within six (6) months after death occurred, a claim therefor shall be filed with the commission.

      Sec. 33.  Every employer, as that term is defined herein, within the provisions of this act and those employers electing to be governed by the provisions of this act, before becoming entitled to the benefits thereof in the providing and securing of compensation to their employees thereunder, shall, as by the commission rules provided, on and after the effective date of this act, pay to the commission for the occupational diseases fund and the medical benefits fund, which are hereby created, for the purposes of this act, premiums in such an amount as shall be fixed and determined by the commission for the occupation or employment of such employer according to the classifications, rules and rates made and promulgated by said commission in the manner and at the times prescribed for the payment of premiums in the Nevada industrial insurance act; and it is made the duty and the commission is hereby authorized and empowered to fix and determine the classifications of employment and the rules and rates regulating and prescribing premiums in regard thereto.

      Sec. 34.  All applications and claims for compensation in this act provided for shall be made in writing and contain the name and address of the employee, and of his employer, and state in ordinary language the facts and circumstances surrounding the disablement or disability claimed to have resulted from any of the occupational diseases herein defined and the nature thereof, and said application or claim shall be signed by the employee or a person in his behalf, or, in case of the employee’s death, by one or more of his dependents or by a person in their behalf. The application or claim required by this section shall be served upon the commission either by delivery to and leaving with it a copy of such application or claim or by mailing to it by registered mail a copy thereof in a sealed post-paid envelope addressed to the commission at Carson City, Nevada, and such mailing shall constitute complete service; provided, that application or claim having been served as in this section provided, the employee or his dependents, as the case may be, shall, upon request, furnish to the commission all facts and information in regard to the occupational disease for which compensation is claimed.

      Sec. 35.  Such application or claim as provided for in section 34 shall be supported by a physician’s certificate setting forth a full and complete report of the occupational disease for which compensation is claimed; and every physician or surgeon who attends an employee within the provisions of this act, subject to the rules and regulations in the Nevada industrial insurance act, is hereby required to file such certificate with the commission.

Employer pay premiums

Compensation applications

Procedure

Physician’s certificate

Medical examination

Incapacity five days

Autopsy, when

Commission adopt rules

this act, subject to the rules and regulations in the Nevada industrial insurance act, is hereby required to file such certificate with the commission.

      Sec. 36.  Any employee claiming the right to receive compensation under this act may be required by the commission to submit himself for medical examination at any time and from time to time at a place reasonably convenient for such employee. If such employee refuses to submit to any such examination or obstructs the same, his right to have his claim for compensation considered if his claim is pending before the commission, or to receive any payments for compensation theretofore granted, shall be suspended during the period of such refusal or obstruction.

      Sec. 37.  No compensation shall be paid under this act for disability which does not incapacitate the employee for a period of at least five (5) days from earning full wages but, if the incapacity extends for a period of five (5) or more days, such compensation shall then be computed from the date of disability.

      Sec. 38.  On the filing of a claim for compensation for death from an occupational disease where in the opinion of the commission it is necessary to accurately and scientifically ascertain the cause of death, an autopsy may be ordered by the commission and shall be made by a person designated by the commission. The person requesting any such autopsy shall pay the charge of the physician making the same. Any person interested may designate a duly licensed physician to attend such autopsy, and the findings of the physician performing the autopsy shall be filed with the commission and shall be a public record. All proceedings for compensation shall be suspended upon refusal of a claimant or claimants to permit such autopsy when so ordered. When an autopsy has been performed pursuant to an order of the commission, no cause of action shall lie against any person, firm, or corporation for participating in or requesting such autopsy.

      Sec. 39.  The commission shall adopt reasonable and proper rules to govern its procedure, regulate, prepare, and provide forms of claims and such other forms as the commission may deem proper and advisable, services thereof, the nature and extent of the proofs and evidences, and the method of taking and furnishing the same to establish the rights to compensation from the occupational diseases fund and the medical benefits fund, the method of making investigations, physical examinations and inspections, and prescribe the time within which adjudications and awards shall be made, and to adopt such other reasonable rules and regulations as may be necessary to carry out the provisions of this act. Subsequent to July 1, 1949, the commission shall 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 as to differentiate it from other like establishments or plants; provided, that the amount of such reduction of premium rate or rebate of premium contribution shall be in the discretion of the commission but shall not exceed ten percent (10%) where the safety experience of such establishment or plant for a period of twelve or more consecutive months is less than sixty percent (60%) of the average experience for the same period of like establishments or plants of its classification, nor fifteen percent (15%) where the safety experience of such establishment or plant for two consecutive periods of twelve months is less than sixty percent (60%) of the average experience for the same period of like establishments or plants of its classification.

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 as to differentiate it from other like establishments or plants; provided, that the amount of such reduction of premium rate or rebate of premium contribution shall be in the discretion of the commission but shall not exceed ten percent (10%) where the safety experience of such establishment or plant for a period of twelve or more consecutive months is less than sixty percent (60%) of the average experience for the same period of like establishments or plants of its classification, nor fifteen percent (15%) where the safety experience of such establishment or plant for two consecutive periods of twelve months is less than sixty percent (60%) of the average experience for the same period of like establishments or plants of its classification.

      Sec. 40.  Nothing in this act shall create any liability on the part of any employer where disability or death occurred prior to the date on which this act becomes effective.

      Sec. 41.  Every employee and the dependent or dependents of such employee and the employer or employers of such employee shall be entitled to all the applicable rights, benefits and immunities and shall be subject to all the applicable liabilities, penalties and regulations provided for injured employees and their employees by the Nevada industrial insurance act unless herein otherwise provided.

      Sec. 42.  For the purpose of putting into operation the provisions of this act, there is hereby appropriated out of any moneys in the treasury, not otherwise appropriated, the sum of three thousand dollars ($3,000), to be paid to the “Nevada Industrial Commission,” created under section 39 of the Nevada industrial insurance act, and the state controller is hereby directed to draw a warrant for said sum in favor of said commission, and the state treasurer is directed to pay the same.

      Sec. 43.  Within six (6) months after the receipt of the sum of money mentioned in section 42 of this act by the said “Nevada Industrial Commission” the said commission shall, out of the funds received by it under section 33 of this act, repay the said sum of three thousand ($3,000) to the state treasury.

      Sec. 44.  All references in this act to the Nevada industrial insurance act and the Nevada industrial commission are to an act entitled, “An act 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; relating to the compensation of injured workmen and the compensation of their dependents where such injuries result in death; making premium payments by certain employers compulsory; authorizing the commission created by the act to make such rules and regulations as may be necessary; authorizing the commission to invest the funds provided for; defining and regulating the liability of employers to their employees, and repealing all acts and parts of acts in conflict with this act,” approved the ..........

Premium rate reduced, when

Non-liability

Employee’s rights

Appropriation

Repayment

Industrial insurance act

Repeal

Effective date

injured workmen and the compensation of their dependents where such injuries result in death; making premium payments by certain employers compulsory; authorizing the commission created by the act to make such rules and regulations as may be necessary; authorizing the commission to invest the funds provided for; defining and regulating the liability of employers to their employees, and repealing all acts and parts of acts in conflict with this act,” approved the .......... day of ...................., 1947.

      Sec. 45.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 46.  This act shall become effective July 1, 1947.

Passes, rebates, etc., prohibited

Exception

[Senate Bill No. 36–Senator Murray]

Chap. 45–An Act to amend an act entitled “An act defining public utilities, providing for the regulation thereof, creating a public service commission, defining its duties and powers, and other matters relating thereto,” approved March 28, 1919, as amended.

[Approved March 15, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 21 of the above-entitled act, the same being section 6121 N. C. L. of 1929, as amended, in the 1931-1941 Supplement, is hereby further amended to read as follows:

      Section 21.  It shall be unlawful for any person, firm, or corporation engaged in business as a common carrier to give or furnish any state, district, county, or municipal officer of this state, or to any person, other than those named herein, any pass, frank, free or reduced transportation, or for any state, district, county or municipal officer to accept any pass, frank, free or reduced transportation; provided, however, that nothing herein shall prevent the carriage, storage, or hauling of freight free or at reduced rates for the United States, the State of Nevada, or any political subdivision thereof, or for charitable purposes, or for fairs and expositions, or household goods and supplies, the property of employees, the equipment of a contractor under contract with a common carrier for use under such contract, and the issuance of mileage, commutation, excursion passenger tickets, or party tickets; provided, that the same shall be obtainable by any person applying therefor without discrimination. This act shall not be construed as preventing railroads from giving free transportation or reduced rates to contractors under a contract with such common carrier or to employees of contractors employed under such contract, ministers of the gospel, regularly employed secretaries of the Y.

under a contract with such common carrier or to employees of contractors employed under such contract, ministers of the gospel, regularly employed secretaries of the Y. M. C. A. or Y. W. C. A., state officers of each recognized military ex-service organization, including ladies’ auxiliaries thereof, not exceeding three from each such organization, constables, college professors, school teachers, students of institutions of learning, students of public schools, disabled or homeless persons, railroad officers, attorneys, directors or employees, or the members of their families, or pensioned or disabled ex-employees, their minor children or dependents, or bona fide ex-employees in search of employment, or to prevent the exchange of passes with officers, attorneys, or employees of other railroads, telegraph or express companies, and members of their families.

      Upon shipment of livestock, or other property requiring the care of an attendant, the railroad may furnish to the shipper, or such person or persons designated by him, free transportation, including return passage to the place of shipment; provided, that there is no discrimination between such shippers.

      Any person violating the provisions of this section shall be guilty of a misdemeanor and be fined upon conviction not less than one hundred ($100) nor more than five hundred ($500) dollars.

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

Livestock attendants may ride free

Penalty

In effect

[Senate Bill No. 109–Senator Wiley]

Chap. 46–An Act authorizing the board of county commissioners of Esmeralda County, State of Nevada, acting as a town board for the town of Goldfield, Nevada, to purchase a rotary pump for the Goldfield fire truck without advertising, declaring an emergency, and other matters relating thereto.

[Approved March 15, 1947]

      Whereas, There is immediate need for the purchase by the board of county commissioners of Esmeralda County, State of Nevada, acting as a town board for the town of Goldfield, Nevada, a rotary pump for the Goldfield fire truck; and

      Whereas, Advertising for bids for such purpose is not feasible, for the reason that said town of Goldfield, Nevada, is now and will be without adequate fire protection until said pump is secured; and

      Whereas, Without adequate fire protection said town of Goldfield, Nevada, is in danger of suffering disastrous fires; and

Preamble

Rotary pump authorized; Goldfield

Emergency measure

Goldfield, Nevada, is in danger of suffering disastrous fires; and

      Whereas, An emergency exists for which there is no remedy under the general laws; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  Notwithstanding any other provision of law, the board of county commissioners of Esmeralda County, State of Nevada, acting as a town board for the town of Goldfield, Nevada, is hereby authorized to purchase, without advertising for bids, a rotary pump for the Goldfield fire truck, and to pay for such purchase not more than one thousand four hundred ($1,400) dollars.

      Sec. 2.  This act is declared to be an emergency measure and shall take effect immediately upon its passage and approval, and shall expire by limitation on July 1, 1947.

Sons and daughters eligible to scholarship

In effect

[Senate Bill No. 19–Senators Baker, Loomis, and Wiley]

Chap. 47–An Act to amend an act entitled “An act creating high school scholarships for the worthy sons and daughters of deceased service men and women of any war in which the United States is or was engaged, providing for the manner and method of awarding such scholarships, and providing for an appropriation therefor,” approved March 22, 1945.

[Approved March 15, 1947]

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 126 Statutes of Nevada 1945, page 203, is hereby amended to read as follows:

      Section 1.  All worthy sons and daughters of service men and women, of any war in which the United States was, or is, engaged, the service parent of whom is deceased or permanently and totally physically disabled, who are under the age of nineteen years and who are attending, or anticipate attending, any accredited high school within the State of Nevada, and who, but for the aid and assistance herein offered, would be deprived of such high school education, shall be eligible to an educational scholarship under the provisions of this act.

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

[Senate Bill No. 29–Senator Wiley]

Chap. 48–An Act to repeal an act entitled “An act to authorize district attorneys, with the approval of the attorney general and the boards of county commissioners, to compromise and settle claims of the counties and state for delinquent taxes for the year 1931 and subsequent thereto,” approved March 25, 1933.

[Approved March 15, 1947]

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

Assembly, do enact as follows:

      Section 1.  That certain act of the legislature of the State of Nevada entitled “An act to authorize district attorneys, with the approval of the attorney general and boards of county commissioners, to compromise and settle claims of the counties and state for delinquent taxes for the year 1931 and subsequent thereto,” approved March 25, 1933, being chapter 171 Statutes of Nevada 1933, page 235, and section 6719.05 of the 1931-1941 Supplement to Nevada Compiled Laws 1929, is hereby repealed.

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

Act repealed

In effect

[Senate Bill No. 64–Finance Committee]

Chap. 49–An Act to amend an act entitled “An act authorizing the establishment of a postwar reserve fund by counties, cities, towns and school districts; providing for the investment of funds therefrom, and other matters properly related thereto,” approved March 27, 1945.

[Approved March 15, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 2 of the above-entitled act, being chapter 234, Statutes of Nevada 1945, page 454, is hereby amended to read as follows:

      Section 2.  The governing body of any such political subdivision may include in the annual budget or estimate of amounts required to meet the public expenses of such subdivision for the ensuing year such sum as it may deem necessary for the uses and purposes of the fund, specifying the particular purpose for which such sum shall be used. Such sum may be included in the annual tax levy or assessment of the political subdivision, within the limits of and as provided by law. The moneys in said fund may be allowed to accumulate from year to year until but not beyond the tax year 1949; provided, that in counties having a population of not more than 2,800 persons as shown by the census of 1940, such counties may, within the interval of time provided herein, accumulate a fund for the purpose of constructing or making additions to a county high school by the levy of an annual special tax not to exceed thirty-five (35) cents on the one hundred dollars of assessed valuation of the county.

Estimates to be included in budgets

Proviso

In effect

to accumulate from year to year until but not beyond the tax year 1949; provided, that in counties having a population of not more than 2,800 persons as shown by the census of 1940, such counties may, within the interval of time provided herein, accumulate a fund for the purpose of constructing or making additions to a county high school by the levy of an annual special tax not to exceed thirty-five (35) cents on the one hundred dollars of assessed valuation of the county. Any moneys in said fund at the end of the fiscal year shall not lapse nor shall the same be a surplus available for expenditure for any other purposes than those specified and for which the levies were made. No sum shall be budgeted for a postwar reserve fund by any county or school district which shall have the effect of depriving an incorporated city of the benefit of its maximum statutory tax rate without the consent of the governing board of said city.

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

Probation officers; duties

[Senate Bill No. 34–Senator Baker]

Chap. 50–An Act to amend an act entitled “An act relating to children who are now or who may hereafter become dependent, neglected, or delinquent, to define these terms and to provide for the treatment, control, maintenance, protection, adoption, and guardianship of the person of such child or children,” approved March 24, 1909, as amended.

[Approved March 15, 1947]

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, the same being section 1015, 1929 N. C. L., 1941 Supplement, as amended by chapter 114, Statutes of Nevada 1945, is hereby further amended to read as follows:

      Section 6.  The district courts in this state shall have authority to appoint any number of discreet persons of good moral character to serve as probation officers during the pleasure of the court; said probation officers shall receive no compensation from the county treasury except as herein provided. It shall be the duty of the clerk of the court, if practicable, to notify the said probation officer when any child is to be brought before the court; it shall be the duty of such probation officer to make investigation of such case; to be present in the court to represent the interests of the child when the case is heard; to furnish such court such information and assistance as the court or judge may require and to take charge of any child before and after the trial as may be directed by the court.

and to take charge of any child before and after the trial as may be directed by the court. The number of probation officers to receive compensation from the county, named and designated by the district court, shall be as follows:

      The judge of the district court in and for each county of the state, or the judges where there are more than one judge of the said court, may appoint probation officers, in the number and under the conditions as in this act provided, whenever such appointment shall be deemed necessary to care for the dependent and delinquent children of the county; provided, such probation officers can be removed from office at any time by the said district judge or judges. The salary of said probation officers shall be as follows:

      In the counties having over fifteen thousand population, there may be one probation officer receiving a salary. Assistant probation officers, not to exceed three, may be appointed, in the discretion of the court when the need therefor exists, upon the request of the probation officer. The salary of the probation officer shall be fixed by the court appointing him, in any sum not to exceed two hundred and fifty ($250) per month, and the salary of an assistant probation officer, whenever one is appointed, shall likewise be fixed by the court appointing him in any sum not to exceed one hundred fifty dollars ($150) per month.

      In counties having less than fifteen thousand population it shall be within the discretion of the district judge, or judges, of each of said counties to determine as to the necessity of appointing a probation officer; provided, that in counties having eight thousand population and under fifteen thousand there shall be no more than one probation officer receiving a salary, and such salary shall be fixed by the court appointing him, in any sum not to exceed two hundred fifty ($250) dollars per month; provided further, that in counties of five thousand and under eight thousand there shall be no more than one probation officer receiving a salary, and such salary shall be fixed by the court appointing him in any sum not to exceed two hundred ($200) dollars per month; and provided further, that in counties of under five thousand there shall be no more than one probation officer receiving a salary, and such salary will be fixed by the court appointing him in any sum not to exceed one hundred fifty ($150) dollars per month.

      All probation officers whose expenses are not herein provided shall be allowed such necessary incidental expenses as may be authorized by the judge, or judges, of the district court of said county; provided, that the said probation officers can be appointed for any portion or part of a year as the said district judge, or judges, may determine, and can be paid for the time and periods said probation officers serve under such appointment.

District judges may appoint probation officers

Salary in counties of 15,000 population

Salary in counties of less than 15,000 population

Incidental expenses authorized

Salary and expenses, how paid

Appointment transmitted to district superintendent of schools

Court to be notified upon disapproval of appointment

Probationary officers authorized to make arrests; proviso

Appointments and approvals to be filled

Repeal

In effect

serve under such appointment. The salary and expenses of the probation officer shall be paid out of the county funds in the county treasury in monthly installments, in the same manner as other claims against the county.

      Any district judge, or judges, appointing such probation officer to receive a salary or other compensation from the county, provided for under this act, shall transmit such appointment to the district superintendent of schools of the district of which the county in which said appointment is made is a part, the state superintendent of public instruction, and the governor of this state, who shall constitute a board to investigate the competency of such person so appointed to act as probation officer, and it shall be the duty of a majority of said board to approve or disapprove of such appointee, within thirty days after the submission thereof by the said district court, and a failure to act thereon within such time shall constitute an approval of such appointment. If a majority of such board are of the opinion that such appointee does not possess the qualifications for a probation officer, they shall notify the court of their conclusions within thirty days of such appointment to the respective members thereof, whereupon it shall be the duty of the district judge, or judges, to withdraw such appointment and appoint someone who shall receive the approval of said board.

      Probation officers receiving a salary or other compensation from the county, provided for by this act, are hereby vested with all the power and authority of police or sheriffs to make arrests and perform any other duties ordinarily required by policemen and sheriffs which may be incident to their office, or necessary or convenient to the performance of their duties; provided, that other probation officers may be vested with like power and authority upon a written certificate from the district judge, or judges, that they are persons of discretion and good character, and it is the desire of the court to vest them with all the power and authority conferred by law upon probation officers receiving compensation from the county.

      The appointment of probation officers, and the approval thereof as to the qualifications of such officers by the board herein designated, shall be filed in the office of the clerk of the court. Probation officers shall take an oath such as may be required of other county officers to perform their duties, and file in the office of the clerk of the district court.

      Sec. 2.  All acts and 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 from and after its passage and approval.

[Senate Bill No. 10–Committee on Banks and Banking]

Chap. 51–An Act relating to the management, control, and investment of trust funds and to the powers of trustees relative thereto.

[Approved March 15, 1947]

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

Assembly, do enact as follows:

      Section 1.  In acquiring, investing, reinvesting, exchanging, retaining, selling, and managing property for the benefit of another, a fiduciary shall exercise the judgment and care under the circumstances then prevailing, which men of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of the foregoing standard, and subject to any express provision or limitation contained in any particular trust instrument or will, a fiduciary is authorized to acquire and retain every kind of property, real, personal, or mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures, and other corporate obligations, and stocks, preferred or common, which men of prudence, discretion, and intelligence acquire or retain for their own account.

      Sec. 2.  Nothing contained in this act shall be construed as authorizing any departure from, or variation of, the express terms or limitations set forth in any will, agreement, court order, or other instrument creating or defining the fiduciary’s duties and powers, but the terms “legal investment,” or “authorized investment,” or words of similar import, as used in any such instrument, shall be taken to mean any investment which is permitted by the terms of section 1 hereof.

      Sec. 3.  The provisions of this act shall govern fiduciaries acting under wills, agreements, court orders, and other instruments now existing or hereafter made.

      Sec. 4.  All acts or parts of acts, insofar as they are in conflict with the provisions of this act, are hereby repealed.

      Sec. 5.  This act shall be in full force and effect from and after its passage and approval.

Fiduciary to exercise judgment

Duty subject to trust instrument

Express terms to govern

Retroactive effect

Repeal

In effect

Additional and supplemental appropriation

Repeal

In effect

[Senate Bill No. 46–Senators McGuirk, Murray, Tallman, Baker and Wiley]

Chap. 52–An Act to provide an additional and supplemental appropriation for general support, equipment, and repairs of the Nevada state prison.

[Approved March 15, 1947]

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

Assembly, do enact as follows:

      Section 1.  For the biennium ending June 30, 1947, there is hereby appropriated out of any funds of the state treasury in the State of Nevada, not otherwise specifically allotted, the sum of sixteen thousand ($16,000) dollars as an additional and supplemental appropriation to that allowed in the budget for the general support of the Nevada state prison, apportioned as follows:

      Twelve thousand five hundred ($12,500) dollars for general support and three thousand five hundred ($3,500) dollars for equipment and repairs.

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

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

State-wide power survey authorized

Cooperation federal, state, private agencies

[Senate Bill No. 57–Senator Tallman]

Chap. 53–An Act authorizing the Colorado river commission of Nevada to make a statewide power survey, defining its duties in connection therewith, and providing an appropriation therefor.

[Approved March 15, 1947]

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

Assembly, do enact as follows:

      Section 1.  The Colorado river commission of Nevada is hereby authorized, empowered, and directed to make a statewide power survey, to collect and arrange all data and information pertaining to the development and use of power from all sources, and to determine the economic feasibility of the extension of power to the various mining, industrial, and agricultural areas of the state.

      The commission is further empowered to cooperate with federal, state, and private agencies and, if deemed advisable, it is specifically authorized to contract and enter into agreements with such agencies for the purpose of conducting the necessary comprehensive state-wide power survey.

      Sec. 2.  The commission shall have the power to employ such engineers and technical experts as it may find necessary to carry into effect the purposes of this act. The commission shall fix the salaries of said employees, and in addition to their compensation they shall be entitled to mileage and per diem at the statutory state rate.

      Upon completion of said survey, the commission shall cause to be filed with the secretary of the commission, in its office at Carson City, Nevada, the written findings and recommendations of the study made hereunder. Such written report shall be given as wide publicity as possible and shall, at all times, be open to the inspection of the public.

      Sec. 3.  Powers conferred by this act are in addition to the present powers and duties imposed upon the commission.

      Sec. 4.  For the purpose of carrying out the provisions of this act, there is hereby appropriated out of the general funds of the state treasury, not otherwise appropriated, the sum of five thousand ($5,000) dollars to be expended by the said commission on or before June 30, 1949.

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

Powers of commission

Written report to be filed

Additional powers

Appropriation

In effect

[Senate Bill No. 8–Senator Wiley]

Chap. 54–An Act authorizing and empowering the boards of county commissioners of the several counties of this state to include in their annual budgets an item to provide funds for paying membership dues in the Nevada association of county commissioners and other expenses relating thereto, and confirming the organization of such association.

[Approved March 15, 1947]

      Whereas, The several boards of county commissioners of this state have heretofore formed an organization known as the Nevada association of county commissioners in an effort to make county government more efficient; and

      Whereas, For the general welfare of the state it is deemed necessary to facilitate membership in such organization by the county commissioners; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The boards of county commissioners of the several counties of this state are hereby authorized and empowered, in their discretion, to become members of the Nevada association of county commissioners, heretofore organized, which said organization is hereby confirmed, and for the purpose of paying their respective membership dues and expenses of attending the annual meeting of said association, the said county commissioners may include in the annual budget of their respective counties the amount of money estimated to be necessary to pay such expenses.

Preamble

County commissioners may become members Nevada association

Expenses included in budget

Annual tax levy

Claims, how paid

In effect

and expenses of attending the annual meeting of said association, the said county commissioners may include in the annual budget of their respective counties the amount of money estimated to be necessary to pay such expenses.

      Sec. 2.  The amount set forth in the budget shall be included in the annual tax levy for the county under the provisions of the act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies.

      Sec. 3.  Claims for such expenses shall be presented and allowed as now provided by law for other claims against the county; provided, that per diem and traveling expenses shall be allowed as provided in section 2207, 1929 N. C. L., 1941 Supp.

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

Marriage revokes will

Exception

Repeal prior act

In effect

Repeal

[Senate Bill No. 73–Committee on Judiciary]

Chap. 55–An Act to amend an act entitled “An act concerning wills,” approved December 19, 1862, as amended.

[Approved March 15, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 10 of the above-entitled act, being section 9914 N. C. L. 1929, is hereby amended to read as follows:

      Section 10.  If a person marries after making a will, and the spouse survives the maker, the will is revoked as to the spouse, unless provision has been made for the spouse by marriage contract, or unless the spouse is provided for in the will, or in such a way mentioned therein as to show an intention not to make such provision, and no other evidence to rebut the presumption of revocation shall be received.

      Sec. 2.  Section 11 of the above-entitled act, being section 9915 N. C. L. 1929, is hereby repealed.

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

      Sec. 4.  All acts or parts of acts insofar as they are inconsistent with this act are hereby repealed.

[Senate Bill No. 71–Committee on Judiciary]

Chap. 56–An Act to amend an act entitled “An act to regulate grubstake contracts and prospecting agreements, and to provide for the recording of the same,” approved March 29, 1907.

[Approved March 15, 1947]

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 sec. 4173 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 1.  All grubstake contracts and prospecting agreements hereafter entered into, and which may in any way affect the title of mining locations, or other locations under the mining laws of this state, shall be void and of no effect, except between the parties to said contract or agreement, unless the instrument shall first have been recorded in the office of the county recorder of the county in which the property affected is located. The instrument of instruments shall be duly acknowledged before a notary public or other person competent to take acknowledgments. Grubstake contracts and prospecting agreements, duly acknowledged and recorded as provided for in this act, shall be prima-facie evidence in all courts of justice in this state in all cases wherein the title to mining locations and other locations under the mining laws of this state are in dispute.

      Sec. 2.  All acts and 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 from and after its passage and approval.

Grubstake contracts acknowledged and recorded

Prima-facie evidence

Repeal

In effect

[Senate Bill No. 67–Committee on Judiciary]

Chap. 57–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 15, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 373 of the above-entitled act, being section 10323 N. C. L. 1929, is hereby amended to read as follows:

      Section 373.  Every person who shall feloniously steal, take and carry away, lead or drive away, the personal goods or property of another, of the value of two hundred fifty dollars or more shall be deemed guilty of grand larceny, and upon conviction thereof shall be punished by imprisonment in the state prison for any term not less than two years nor more than fourteen years.

Grand larceny, when

Petit larceny, when

In effect

Repeal

or more shall be deemed guilty of grand larceny, and upon conviction thereof shall be punished by imprisonment in the state prison for any term not less than two years nor more than fourteen years.

      Sec. 2.  Section 374 of the above-entitled act, being section 10324 N. C. L. 1929, is hereby amended to read as follows:

      Section 374.  Every person who shall steal, take, and carry, lead, or drive away, the personal goods or property of another, under the value of two hundred fifty dollars, shall be deemed guilty of petit larceny, and upon conviction thereof shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment.

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

      Sec. 4.  All acts or parts of acts insofar as they are inconsistent with this act are repealed.

Douglas County sheriff and assessor to be elected

Vacancy prior to January 1951

[Senate Bill No. 104–Senator Settlemeyer]

Chap. 58–An Act providing for the offices of sheriff and of assessor of Douglas County, Nevada, providing the method for filling vacancies in said offices, fixing the salaries and compensation of the sheriff and the assessor, providing for the appointment and salaries of deputy sheriffs, repealing all acts and parts of acts in conflict therewith, and other matters properly relating thereto.

[Approved March 15, 1947]

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

Assembly, do enact as follows:

      Section 1.  On and after the termination of the present term of office of the sheriff and ex officio assessor of Douglas County, Nevada, there shall be elected a sheriff and an assessor in and for Douglas County, Nevada, at the times and in the manner now or as may hereafter be provided by law for the election of officers in the various counties of this state.

      Sec. 2.  In the event of a vacancy in the office of the sheriff and ex officio assessor of Douglas County, Nevada, as it now exists prior to the first Monday in January 1951, the board of county commissioners shall fill the vacancy of sheriff by appointing a suitable person to fill such vacancy until a successor is elected at the next ensuing biennial election and qualifies for such office of sheriff, and at the same time shall appoint a suitable person as assessor to hold such office until a successor is elected at the next ensuing biennial election and qualifies for such office of assessor.

a successor is elected at the next ensuing biennial election and qualifies for such office of assessor.

      Sec. 3.  On and after the creation of separate offices of sheriff and assessor as provided in this act, and the election or appointment of a sheriff and an assessor, such officers shall receive the following salaries and compensation in full payment for the services rendered by them as such officers.

      The sheriff shall receive the sum of three thousand ($3,000) dollars per annum, payable in twelve monthly installments. All fees and commissions collected by him shall be paid into the county treasury each month and no salary shall be allowed or paid to said officer for any month unless all such fees and commissions collected by said officer have been paid into the county treasury and an itemized statement of all fees and commissions collected during such month has been made, certified under oath, and filed by the sheriff with the county clerk. Whenever it shall be necessary for the sheriff to travel from the county seat in the discharge of his official duties, he shall be allowed necessary and actual traveling expenses in addition to the salary herein provided. When travel necessary in the performance of official duties is performed by private conveyance the board of county commissioners is authorized to allow the sheriff an amount not exceeding five cents (5¢) per mile so traveled. All claims presented to the board of county commissioners for necessary and actual traveling expenses and for mileage shall be itemized and certified under oath, and the said board of county commissioners shall audit and act upon any such claim in the same manner as other county expenses are audited and acted upon.

      The assessor shall receive the sum of three thousand three hundred ($3,300) dollars per annum, payable in twelve monthly installments. Said salary shall be in full payment and compensation for all services now required or which may hereafter be required by law to be performed by the assessor, and for all traveling and mileage expenses of such officer which may be incurred by him in the discharge of his official duties as assessor. All fees and commissions collected by the assessor shall be paid into the county treasury each month, and no salary shall be allowed or paid to said officer for any month unless all such fees and commissions collected by said officer have been paid into the county treasury and an itemized statement of all fees and commissions collected during such month has been made, certified under oath, and filed by the assessor with the county clerk.

      Sec. 4.  On and after the creation of separate offices of sheriff and assessor as provided in this act, and the appointment or election of a sheriff as provided herein, said sheriff may, with the consent and approval of the board of county commissioners, appoint one or more deputies, and each deputy shall receive such salary, not to exceed two hundred ($200) dollars per month, as may be fixed by the board of county commissioners.

Salaries

Sheriff salary; travel expenses

Claims itemized and certified

Assessor salary; travel expense

Claims itemized and certified

Sheriff may appoint deputies; salaries

Repeal

In effect

may, with the consent and approval of the board of county commissioners, appoint one or more deputies, and each deputy shall receive such salary, not to exceed two hundred ($200) dollars per month, as may be fixed by the board of county commissioners.

      Sec. 5.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 6.  This act shall become effective from and after its passage and approval.

Duties of county clerk

Form of affidavit

[Assembly Bill No. 57–Messrs. Miller (Humboldt) and Jacobsen]

Chap. 59–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 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.

[Approved March 15, 1947]

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 2555 N. C. L. 1929, is hereby amended to read as follows:

      Section 4.  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 envelope 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:

      I, .............................., solemnly swear that I am a resident elector of the .............................. voting district 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.

                                                                        ___________________________________

                                                                               (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 or other officer

                                                                     authorized to administer oaths.)

      No campaign literature of any kind or nature whatsoever shall be enclosed or sent with such absent voter ballot, nor shall any matter or thing be sent with such ballot except as permitted by law.

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

No campaign literature enclosed with ballot

In effect

[Assembly Bill No. 90–Committee on Livestock]

Chap. 60–An Act making an appropriation to assist the state board of stock commissioners in combating certain livestock diseases constituting a menace to the public health.

[Approved March 15, 1947]

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 ten thousand ($10,000) dollars, or so much thereof as may be necessary, to be expended by the state board of stock commissioners during the biennium ending June 30, 1949, for the better control and eradication of tuberculosis, brucellosis, or any other disease of livestock communicable to human beings, in cooperation with the United States bureau of animal industry, or otherwise.

      Sec. 2.  Any claims against this appropriation shall be audited by the state board of stock commissioners and, if approved, forwarded to the state board of examiners for their audit, approval, and payment in the manner provided by law.

Appropriation for control and eradication of disease

Claims, how paid

List of claims published

Repeal

In effect

[Assembly Bill No. 128–Messrs. Chapman and Frey]

Chap. 61–An Act to amend an act entitled “An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation, and maintenance of works, diversion, storage, distribution, collection, and carriage of water; cooperation with the United States, and matters properly connected therewith.” approved March 19, 1919, as amended.

[Approved March 15, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 51a of the above-entitled act, being section 8069 N. C. L. 1929, is hereby amended to read as follows:

      Section 51a.  The board of directors of each irrigation district shall, each and every month, post in three public places in the district, one of which places shall be the county courthouse, and publish one time in a newspaper of general circulation in the county, a list of the claims allowed by the board for the preceding month.

      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 county clerk upon close of registration

[Assembly Bill No. 102–Messrs. Chapman and Frey]

Chap. 62–An Act to further amend an act entitled “An act regulating the registration of electors for general, special, and primary elections,” approved March 27, 1917, as amended.

[Approved March 15, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 17 of the above-entitled act, being the act mentioned in the title of sec. 2376 N. C. L. 1929, as amended, is hereby amended to read as follows:

      Section 17.  Within three days after the closing of registration the county clerk shall transmit to the secretary of state a statement showing the number of voters registered in said county, approximating the number of registry cards not yet received at his office. The county clerk of each county must cause to be published in newspapers published within his county and having a general circulation therein, a notice signed by him to the effect that such registration will be closed on the day provided by law, specifying such day in such notice, and stating that electors may register for the ensuing election by appearing before the county clerk at his office or by appearing before a deputy registrar in the manner provided by law.

signed by him to the effect that such registration will be closed on the day provided by law, specifying such day in such notice, and stating that electors may register for the ensuing election by appearing before the county clerk at his office or by appearing before a deputy registrar in the manner provided by law. The publication of such notice must continue for a full period of thirty days next preceding the close of registration for any election. At least fifteen days before the time when the register is closed for any election, the county clerk shall cause to be posted, in not less than five conspicuous places in each voting precinct outside of incorporated cities, a copy of such election notice, stating the time when the official register will close for such election.

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

In effect

[Assembly Bill No. 8–Committee on Education]

Chap. 63–An Act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto.

[Approved March 15, 1947]

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

Assembly, do enact as follows:

Chapter 1

compulsory education

      Section 1.  Children Between the Ages of Seven (7) and Eighteen (18) Years Must Attend School-When Excused-Reasons for Nonattendance.  Each parent, guardian, or other person in the State of Nevada, having control or charge of any child between the ages of seven (7) and eighteen (18) years, shall send and be required to send such child to a public school during all the time such public school shall be in session in the school district in which such child resides; and, if such child will arrive at the age of six (6) years by December 31, it shall be admitted to the first grade of such school at the beginning of said school year, and its attendance shall be counted for apportionment purposes as if it were already six (6) years of age, otherwise, such child shall not be admitted until the beginning of the immediately following school term; provided, that in schools granting midterm promotions, any child who reaches the age of six (6) years by February first of the same year shall be admitted to the first grade of that school at the beginning of the second semester, and its attendance shall be counted for apportionment purposes as if it were already six years of age; provided, that the foregoing restriction relative to the admission of children six (6) years of age and under such age to the first grade shall not be effective until July 1, 1948.

Who must attend school

When excused

semester, and its attendance shall be counted for apportionment purposes as if it were already six years of age; provided, that the foregoing restriction relative to the admission of children six (6) years of age and under such age to the first grade shall not be effective until July 1, 1948. But such attendance shall be excused in the following cases when satisfactory written evidence to that effect is presented to the board of school trustees of the school district in which such child resides;

      1.  That the child’s bodily or mental condition or attitude is such as to prevent or render inadvisable its attendance at school or application to study. A certificate in writing from any reputable physician filed with such board that such child is not able to attend school, or that its attendance is inadvisable, must be taken as satisfactory evidence by any such board, which certificate shall be filed with such board immediately after it has been so received; or

      2.  That said student has already completed the twelve (12) grades of the elementary and high school courses; but any such student between the ages of fourteen (14) and eighteen (18) years who has completed the work of the first eight (8) grades may be excused from full-time school attendance and be permitted to enter proper employment or apprenticeship, by the written authority of such board of trustees, excusing such pupil from such attendance, together with the reason or reasons for such excuse. In all such cases no employer or other person shall employ or contract for the services or time of such pupil until he or she presents a written permit therefor from the attendance officer or board of school trustees of such school. Such permit shall be kept on file by the employer, and on termination of such employment must be returned by the employer to the school board or other authority issuing the same; or

      3.  That the child is receiving under private or public instruction, at home or in some other school, equivalent instruction fully approved by the state board of education as to the kind and amount thereof; or

      4.  That the child, fourteen (14) years of age or over, must work for its own or its parent’s support; or

      5.  That the deputy superintendent of public instruction of that educational supervision district has determined that the child’s residence is located at such distance from the nearest public school as to render attendance unsafe or impracticable and its parent or guardian has notified said school board to that effect in writing; or

      6.  The juvenile department of the district court, after reviewing the case, may issue a permit to any child who has completed the eighth grade authorizing him to leave school.

      Sec. 2.  Truancy Defined.  Any school child shall be deemed a truant, in the meaning of this school code, who shall have been absent from school without valid excuse which is acceptable to its teacher or principal of said school; and absence for any part of a day shall be considered as absence for that entire day within the meaning of this section.

deemed a truant, in the meaning of this school code, who shall have been absent from school without valid excuse which is acceptable to its teacher or principal of said school; and absence for any part of a day shall be considered as absence for that entire day within the meaning of this section. The teacher, attendance officer, if any, or other school official, shall deliver or cause to be delivered a written notice of such truancy to a parent, guardian, or other person having control or charge of the child. After such notice has been so delivered or furnished to said parent, guardian or other person, any child who is absent from school thereafter, as hereinbefore specified, within the school year, without such valid excuse, shall again be deemed a truant. Any child shall be declared an habitual truant who shall have been deemed a truant three (3) or more times within the school year. Any child who has once been declared an habitual truant and who in an immediately succeeding year is absent from school without such valid excuse, may again be declared an habitual truant.

      Sec. 3.  Punishment of Parent or Guardian.  Any parent, guardian, or other person having control or charge of any child, to whom notice has been given of such truancy, as provided in section 2 of this school code, and who fails to prevent the child’s subsequent truancy within that school year, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be liable, for the first offense, to a fine of not more than ten ($10) dollars or imprisonment for not more than five (5) days, or to both such fine and imprisonment; and for each subsequent offense he shall be liable to a fine of not less than ten ($10) dollars nor more than fifty ($50) dollars, or to imprisonment for not less than five (5) nor more than twenty-five (25) days, or to both such fine and imprisonment.

      Sec. 4.  School Trustees to Make Investigation.  The board of trustees of any school district shall, on the written complaint of any person, make a full and impartial investigation of all charges against parents or guardians, or other persons having control or charge of any such child, for violation of any of the provisions of this chapter, and make and file a written report of such investigation and the findings thereof in the records of such board. If it shall appear upon such investigation that any such parent or guardian or other person has violated any of the provisions of this chapter, it is hereby made the duty of the clerk of such board of trustees to make and file in the proper court a criminal complaint against such parent, guardian, or other person, charging such violation, and to see that such charge is prosecuted by the proper authorities; provided, that in school districts having an attendance officer, such officer shall, if so directed by the board of school trustees, make and file such complaint, and see that such charge is prosecuted by the proper authorities.

Truancy defined

Punishment of parent or guardian

School trustees to make investigation

Attendance officer

Separate rooms for habitual truants

board of school trustees, make and file such complaint, and see that such charge is prosecuted by the proper authorities. Any taxpayer or any school officer or deputy school officer in the State of Nevada shall be eligible to make and file in the proper court a criminal complaint against any parent, guardian, or other person who shall violate any of the provisions of law requiring the attendance of children in the public schools of the state.

      Sec. 5.  Attendance Officer.  The board of trustees of any school district may appoint and remove at pleasure an attendance officer and shall fix the compensation therefor, and shall prescribe the duties of such officer and make rules and regulations for the performance of such duties not inconsistent with law. It shall be the duty of the attendance officer or any peace officer, or any other school officer, to arrest, during school hours, without warrant, any child between the ages of seven (7) and eighteen (18) years, who has been reported to him by the teacher, the city superintendent, or other school officer, as an absentee from instruction upon which he is lawfully required to attend within the school district. Such arresting officer shall forthwith deliver the child so arrested to the teacher during school hours, otherwise to the parent, guardian, or other person having control or charge of said child.

      Sec. 6.  Separate Rooms for Habitual Truants.  Boards of trustees are hereby authorized to set apart any school building or buildings or any room or rooms in any school building or buildings for the establishment of special or ungraded schools, to provide for the instruction of habitual truants as defined in section 2 of this school code, or for pupils who have been insubordinate or disorderly during attendance at school. Boards of trustees are also authorized to purchase sites and erect buildings for such purposes, in the same manner as other school sites and school buildings may be purchased and erected; or boards of trustees may rent reasonably suitable property, and at economical rental, for special or ungraded rooms without being so directed by vote of the district. Teachers of such special or ungraded schools shall have the same qualifications as other teachers in the grades, and shall be paid from the same funds. Boards of trustees are hereby authorized to assign habitual truants and other pupils who have been insubordinate or disorderly and whose presence is a disturbing influence to the other pupils during attendance at school to such special and ungraded school for a reasonable period not to exceed the remainder of the school year. Such pupils, however, may be restored to their former room or grade when in the judgment of the board there has been sufficient improvement to warrant the belief that their example and influence will no longer be a detriment to the room to which they shall return.

      Sec. 7.  Penalty for Abetting Truancy-Employers to Report.  Any person who induces or attempts to induce any child to be absent unlawfully from school, or who knowingly employs or harbors, while school is in session, any child absent unlawfully from school, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not more than fifty ($50) dollars or by imprisonment of not more than twenty-five (25) days, or by both such fine and imprisonment. The attendance officer or any other school officer is hereby empowered to visit any place or establishment where minor children are employed to ascertain whether the provisions of this law are fully complied with, and may demand from all employers of such children a list of children employed, with their names and ages.

      Sec. 8.  Penalty for Falsely Stating Age of Child.  Any parent, guardian, or other person who makes a false statement concerning the age or school attendance of a child under eighteen years of age who is under his control or charge, such false statement being made with intent to deceive under this chapter, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than fifty ($50) dollars or by imprisonment of not more than twenty-five (25) days, or by both such fine and imprisonment.

      Any school teacher, principal, or superintendent of any public school is hereby authorized to require the parent or guardian of any pupil enrolled in his school to furnish a birth certificate or other satisfactory evidence of the age of such pupil.

      Sec. 9.  Disposal of Fines.  All fines collected under the provisions of this chapter shall be paid into the permanent school fund of the state.

Chapter 2

english language, the medium of instruction

      Sec. 10.  All Subjects, Except Foreign Languages, To Be Taught in English.  It shall be unlawful for any board of school trustees, regents, or board of education, or for any teacher or other person teaching in the public or private schools in the State of Nevada, to cause to be taught or teach any subject or subjects, other than foreign languages, in the public or private schools in the State of Nevada in any language except the English language.

      Sec. 11.  Penalty For Violation.  Any member of any school board, or any regent, trustee, teacher, or other person violating any provision of the next preceding section of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred ($100) dollars nor more than two hundred fifty ($250) dollars for the first offense, and not less than two hundred sixty ($260) dollars nor more than five hundred ($500) dollars for each and every subsequent offense, or by confinement in the county jail for not less than thirty (30) days nor more than six (6) months, or by both such fine and imprisonment; provided, that each day in which the next preceding section is violated shall constitute a separate offense.

Penalty for abetting truancy, employers to report

Penalty for falsely stating age of child

Disposal of fines

English to be taught

Penalty for violation

State board of education, how composed

Officers of board

Time of meeting

hundred sixty ($260) dollars nor more than five hundred ($500) dollars for each and every subsequent offense, or by confinement in the county jail for not less than thirty (30) days nor more than six (6) months, or by both such fine and imprisonment; provided, that each day in which the next preceding section is violated shall constitute a separate offense.

Chapter 3

state board of education

      Sec. 12.  State Board of Education-How Composed.  The state board of education shall consist of the governor, the state superintendent of public instruction, and five (5) lay members elected one from each of the educational supervision districts of the state. The lay members shall be elected as follows:

      1.  At the general election in the fall of 1948, and every four (4) years thereafter, three (3) members shall be elected, one from each of the odd-numbered educational supervision districts.

      2.  At the general election in the fall of 1950, and every four (4) years thereafter two (2) members shall be elected, one from each of the even-numbered educational supervision districts.

      Each of the lay members so elected shall hold office for a term of four (4) years, and in the event that a vacancy shall occur in the board, the governor shall appoint a member to fill the vacancy for the remainder of the unexpired term.

      The members of the state board of education, as the same is constituted at the time of the passage and approval of this chapter, shall continue to hold office for the terms for which they were elected.

      Sec. 13.  Officers of Board.  The board of education at its first meeting after each election and qualification of the lay members shall organize by election one (1) of its members president, to serve during the pleasure of the board. The superintendent of public instruction shall be the secretary of the board and serve without additional salary.

      Sec. 14.  Time of Meeting.  The state board of education shall meet at the call of the secretary, but shall hold at least four (4) meetings annually at the state capitol, and may hold special meetings at such other times and places as the board may direct. The secretary shall call meetings upon the written request of any three (3) members of the board, and the majority of the board shall constitute a quorum for the transaction of business.

      The members of the state board of education shall receive no compensation for their services, but shall be allowed their traveling and subsistence expenses at the statutory rate, incurred in attending the meetings of the board, which expenses shall be approved by the state superintendent of public instruction and the state board of examiners, shall be allowed and paid from the state distributive school fund as other claims against the state are allowed and paid.

expenses shall be approved by the state superintendent of public instruction and the state board of examiners, shall be allowed and paid from the state distributive school fund as other claims against the state are allowed and paid.

      Sec. 15.  Powers and Duties of Board.  The powers and duties of the state board of education shall be as follows:

      1.  To adopt rules and regulations not inconsistent with the constitution and laws of the State of Nevada for its own government and which are proper or necessary for the execution of the powers and duties conferred upon it by law; provided, that any change made by the state board of education, by which the scholarship, training or experience of any teacher which is required for any certificate or diploma is increased, shall be announced when made, and shall not be effective before three (3) months from the date when such change is announced; and provided further, that such change or changes, when made, shall not affect certificates or diplomas then in force.

      2.  To prescribe and cause to be enforced the courses of study for the public schools of this state; provided, that high schools and schools of the first class may have modified courses of study, subject to the approval of the state board of education.

      3.  To adopt lists of books for district libraries; provided, that boards of trustees in districts of the first class may make additional adoptions; and provided further, that such books shall not contain or include any story in prose or poetry whose tendency would be to influence the minds of children in the formation of ideals not in harmony with truth and morality or our American way of life or not in harmony with the constitution and laws of the United States of America or of the State of Nevada.

      4.  To revoke or suspend any state diploma or any state certificate of any teacher after notice and opportunity for hearing before said board, for immoral or unprofessional conduct, evident unfitness for teaching, or persistent defiance of or refusal to obey the laws of the state, or the rules and regulations of said state board of education, or of the state superintendent of public instruction, defining and governing the duties of teachers.

      5.  To have the state printer in the state printing office do any printing required by the state board of education such as this school code, state courses of study, the proceedings of teachers’ institutes, blank forms, and such other matter as the state board of education may require; provided, that this does not include textbooks.

      6.  To adopt an official seal and to use it in authentication of its acts.

      7.  To keep a record of its proceedings in the form of minutes of its meetings.

Powers and duties of board

Duties of state printer

Board of education to prepare plans, etc.

Superintendent of public instruction, qualifications

Powers and duties of superintendent of public instruction

      8.  To publish as the official organ of the department of education, a bulletin, which bulletin shall be printed in the state printing office.

      9.  The state board of education shall prescribe rules and regulations for the issuance and renewal of elementary, junior high school, high school, and special certificates and for diplomas, and shall prescribe rules and regulations for and authorize the holding of state teacher examinations in Nevada school law, the constitution of the State of Nevada, and the constitution of the United States.

      Sec. 16.  Further Duty of Board of Education-Plans and Specifications for Rural School Buildings.  It shall be the further duty of the state board of education to cause to be prepared plans and specifications for rural school houses on standard lines of school architecture as to size, lighting, heating, ventilation, and general sanitation; and the board of trustees of rural schools needing new school houses shall be supplied with such plans and specifications when the same are ready for distribution and immediately upon request of such boards of school trustees.

Chapter 4

superintendent of public instruction

      Sec. 17.  Elections of Superintendent of Public Instruction-Qualifications.  The superintendent of public instruction shall be elected quadrennially by the qualified electors of the state at the same time and in the same manner as the governor is elected, and shall hold office for the term of four (4) years beginning on the first Monday in January immediately following each such election, and continuing until the first Monday in January four (4) years later or until his successor is elected and qualified. He shall be a graduate of the University of Nevada or a college of equal standard, and shall also hold a Nevada teacher’s certificate of the high school grade, and shall have had, at the time of his nomination, at least twenty (20) credit hours in educational subjects, by actual attendance at some standard college or university, or in lieu of such credit hours shall hold a Nevada life diploma of high school and elementary grade and shall also have had at the time of his election not less than forty-five (45) months of successful teaching experience, at least twenty (20) months of which shall have been in the State of Nevada.

      Sec. 18.  Powers and Duties of Superintendent of Public Instruction.  The superintendent of public instruction shall have the following powers and duties:

      1.  To visit each county in the state at least once each school year and shall conduct institutes, visit schools, consult with school officers, or address public assemblies on subjects pertaining to the schools; to consult and study with school officers and educators of this and other states on topics of school administration, school methods, and school law.

school officers, or address public assemblies on subjects pertaining to the schools; to consult and study with school officers and educators of this and other states on topics of school administration, school methods, and school law. The necessary traveling expenses incurred by such superintendent in the performance of such duties, including cost of transportation and board and lodging while absent from his place of residence, at the statutory rate, shall be allowed, audited, and paid out of the general fund of this state in the same manner as claims upon said general fund are now allowed, audited, and paid.

      2.  To apportion the state distributive school fund in accordance with law;

      3.  To apportion the county school fund of each county of this state among its various school districts in accordance with law;

      4.  To report to the governor of the state biennially on or before the first day of December in the years immediately preceding the regular sessions of the legislature. The governor shall transmit said report to the legislature at its first regular session thereafter, and when it is ordered published the state printer shall deliver a sufficient number of copies to the superintendent of public instruction who shall distribute the same among school officers of the state and of the United States and make such further distribution as may be required or directed. Said report shall contain a statement of the public school affairs in the state; a statement of the condition and amount of all funds and property appropriated and dedicated to the purposes of public education or under the control or supervision of the superintendent of public instruction; the number of schools in each county; the number of children in each county under the age of eighteen (18) years, attending public schools; the amount of public school moneys apportioned to each county of the state, the separate amount of money raised by county taxation, by district taxation, and by subscription or otherwise, by each city, town, district, or county for the support of each of the public schools therein; the amount of money raised for building public school houses; a statement of plans for the management and improvement of public schools; and such other information relative to the educational affairs of the public schools of the state as he may deem proper;

      5.  To prescribe rules and regulations and thereafter to modify them as may be proper and necessary for making all reports and conducting all necessary proceedings under this chapter and to furnish suitable blanks for the same; to cause the same, with such instructions as shall be deemed necessary and proper for the organization and government of schools, to be transmitted to the local school officers who shall be governed in accordance therewith.

Powers and duties of superintendent of public instruction

Further powers and duties of the superintendent of public instruction

and proper for the organization and government of schools, to be transmitted to the local school officers who shall be governed in accordance therewith. He shall prepare a convenient form of school register for the purpose of securing accurate returns from the teachers of public schools, and shall furnish such registers to each school board in the state to be delivered as needed to each of the teachers of its school. He shall prepare pamphlet copies of the school law and shall transmit a copy to each school trustee, school teacher, and other school officer in this state; and when amendments or additions are made thereto, he shall have them also so printed and so transmitted immediately thereafter, each marked “State property-to be turned over to your successor in office.”

      Sec. 19.  Further Powers and Duties of the Superintendent of Public Instruction.  The further powers and duties of the superintendent of public instruction shall be:

      1.  To convene a state teachers’ conference and five (5) district teachers’ conferences in the various sections of the state in such places and at such time as he may deem advisable; provided, however, that the state teachers’ conference shall not be convened in the same year that district teachers’ conferences are held. He shall engage such conference lecturers and leaders as he shall deem advisable and shall preside over and regulate the programs of all state and district teachers’ conferences. No conference shall continue more than five (5) days. The expenses incurred in holding such conferences shall be paid out of the state distributive school fund; provided, that the amount for the state teachers’ conference shall not exceed five hundred ($500) dollars nor the amount of any one (1) district teachers’ conference three hundred and fifty ($350) dollars, and the state controller is hereby authorized and directed to draw his warrants for the same upon the order of the superintendent of public instruction. All teachers shall be required to attend the district teachers’ conference held in the supervision district in which they may be teaching, respectively, unless they shall be excused for good cause by the superintendent of public instruction, and without loss of salary for the time thus employed. It shall be his further duty to convene in such places and at such time as he may designate conferences of school administrators. Nothing in this section shall be construed to prohibit the state superintendent of public instruction from altering the character of any institution in line with advanced educational procedure.

      2.  To call, with the approval of the board of county commissioners, a county teachers’ conference in any county at such time and place as in his judgment will best serve the educational interests of the county, and preside over and regulate the programs of the same.

regulate the programs of the same. The expenses of such conference shall be paid out of the county general fund of the county in which such conference is held; provided, that the board of county commissioners shall authorize such conference upon the application of the superintendent of public instruction; and provided, that such expenses shall not exceed the sum of one hundred fifty ($150) dollars. All teachers shall be required to attend any county conference held in the counties in which they shall be teaching, respectively, unless excused for good cause by the superintendent of public instruction, and without loss of salary for the time thus employed.

      3.  To call meetings of the state board of education at least four (4) times each year;

      4.  To perform such other duties relative to the public schools as may be prescribed by law;

      5.  To have done at the state printing office in accordance with law all printing required in the performance of his duties;

      6.  To require a written report from each deputy superintendent of public instruction at such times as he may direct.

      7.  To prepare, and to have printed with the approval of the state board of printing control, teachers’ contracts, school registers, and other necessary forms and supplies, and to supply the same to school trustees and teachers;

      8.  The superintendent of public instruction shall, at the expiration of his term of office, deliver immediately to his successor in office all property and effects belonging to such office, and he shall take a receipt for the same.

      Sec. 20.  Additional Powers and Duties of Superintendent of Public Instruction.  The superintendent of public instruction shall have the following additional powers and duties:

      1.  To act on appeals from decisions by deputy superintendents of public instruction when there is no appeal to the state board of education; and the decision of the superintendent of public instruction on such appeal shall be final.

      2.  He shall be a member and secretary of the state text book commission, and shall give notice of its meetings.

      3.  He and the governor are to approve or disapprove the appointment of probation officers after investigating their qualifications.

      4.  To order state aid to rural schools in accordance with law.

      5.  To administer oaths to teachers and also other oaths relating to public schools.

      6.  To fill vacancies in school boards in accordance with law.

Further powers and duties of the superintendent of public instruction

Supervision districts established

Deputy superintendents of public instruction

      7.  To appoint first board of joint school district trustees after joint school district is established.

      8.  In case of emergency, to apportion additional teacher or teachers as the result of increase of pupils as shown by special check of the current average daily attendance; such check to be made by the deputy superintendent of the supervision district concerned on order of the state board of education.

      9.  To apportion to evening schools from the state distributive school fund.

      10.  To approve school library books.

      11.  To confer powers on deputy superintendents of public instruction.

      12.  To determine and certify county school tax when board of county commissioners fails to do so.

Chapter 5

deputy superintendents of public instruction

      Sec. 21.  Educational Supervision Districts Established, State Board May Change Boundaries.  Five (5) educational supervision districts are hereby established as follows: District number 1, comprising Elko County; district number 2, comprising White Pine, Lander, and Eureka Counties; district number 3, comprising Humboldt, Pershing, and Churchill Counties; district number 4, comprising Washoe, Storey, Ormsby, Douglas, Lyon, and Mineral Counties; district number 5, comprising Lincoln, Nye, Clark, and Esmeralda Counties; provided, that the state board of education may, with the approval of the deputy superintendents concerned, make such changes in the boundaries of these supervision districts as may be found in the judgment of the state board of education to be better adapted to the needs of the several supervisional districts.

      Sec. 22.  Deputy Superintendents of Public Instruction.  The state board of education shall appoint one (1) deputy superintendent of public instruction for each educational supervision district as provided for in the immediately preceding section of this chapter. Such appointee shall take office the first Monday in September following his appointment and shall serve for a period of four (4) years, or until his successor shall have been appointed and shall have qualified. In case a vacancy shall occur in the office of the deputy superintendent of public instruction, the state board of education shall, in like manner, make an appointment for the remainder of the unexpired term. Each of the deputy superintendents of public instruction shall devote his entire time to school supervision and shall not engage in any other work while holding this office.

      Sec. 23.  Office Deputy.  The superintendent of public instruction shall have power under his hand and seal to appoint one (1) deputy in his office who shall have the same qualifications required of deputy superintendents; the deputy so appointed shall assist in the work of the office, and do such work as the state board of education or the state superintendent may direct under the laws of the state, and shall have the power to perform all duties now required by the superintendent of public instruction.

instruction shall have power under his hand and seal to appoint one (1) deputy in his office who shall have the same qualifications required of deputy superintendents; the deputy so appointed shall assist in the work of the office, and do such work as the state board of education or the state superintendent may direct under the laws of the state, and shall have the power to perform all duties now required by the superintendent of public instruction. The salary of such deputy shall be fixed by the state board of education; and said deputy shall be allowed not to exceed five hundred ($500) dollars per annum for actual traveling and living expenses in the performance of his duties while absent from his place of residence. Said salary and expenses shall be paid in the same manner and from the same fund as those of the superintendent of public instruction are paid.

      Sec. 24.  Qualifications of Deputies.  Any person holding a teacher’s certificate of high school grade and who shall have had not less than forty-five (45) months successful experience in teaching, at least twenty (20) months of which shall have been in the State of Nevada, shall be eligible to appointment as deputy superintendent of public instruction, and no others shall be eligible to such appointment.

      Sec. 25.  Duties of Deputies.  It shall be the duty of each deputy superintendent to visit each school in his district at least twice a year, to examine the records and observe the work of each school carefully, to advise with teachers as to organization, management, and teaching, to inspect school buildings, libraries, and apparatus, to confer with trustees and county officers as to the condition and needs of their school, to hold teacher’s meetings, assist at state, district, and county institutes, and otherwise advance the educational interests of his district. The deputy superintendent of public instruction shall act as deputy examiner at teachers’ examinations, as member of the board of educational examiners, and shall assist the state board of education in preparing courses of study. He shall attend the meetings of the state board of education to furnish information pertaining to the schools of his district when said board shall so order.

      Sec. 26.  Powers and Duties of Deputy Superintendents.  Within his educational supervision district each deputy superintendent of public instruction shall have the power and it shall be his duty:

      1.  To file with the county auditor of each county a directory of all teachers who shall be entitled to draw salary from the state or the county funds, and to advise the county auditor from time to time of any changes or additions to such directory, and to file with the county auditor a directory of all qualified school trustees of each county. The county auditor shall not draw any warrant in favor of any teacher until he shall be officially informed by the deputy superintendent that such teacher is legally entitled to receive salary from the state or county school funds;

Office deputy

Qualifications of deputies

Duties of deputies

Powers and duties of deputy superintendents

Powers and duties of deputy superintendents

Compensation of deputy superintendents

auditor shall not draw any warrant in favor of any teacher until he shall be officially informed by the deputy superintendent that such teacher is legally entitled to receive salary from the state or county school funds;

      2.  To investigate any claim against any school fund whenever a written protest against the drawing of a warrant in payment of said claim against any school fund shall be filed with the county auditor. If, upon investigation, the deputy superintendent of public instruction shall find that any claim against any school fund is unearned, illegal, or unreasonably excessive, he shall notify the county auditor and the clerk of the board of trustees who drew the order for such illegal claim, stating the reasons in writing why such order is unearned, illegal, or excessive, and the county auditor, if so notified, shall not draw his warrant in payment of such claim. If the deputy superintendent of public instruction shall find that any protested claim is legal and actually due the claimant, he shall authorize the county auditor to draw his warrant for such claim, and the county auditor shall immediately draw his warrant in payment of the claim;

      3.  To suspend the certificate of any teacher, for a time not to exceed one year, who fails to attend any district or county institute unless excused for nonattendance by the superintendent of public instruction;

      4.  To suspend the certificate of any teacher for any of the causes for which a certificate may be revoked by the state board of education, after ten days’ notice and hearing;

      5.  To inspect the record books and accounts of board of trustees, and to authorize and enforce an efficient method of keeping the financial records and accounts of the school district;

      6.  To inspect the school funds accounts of the county auditor of the several counties, and report the condition of the funds of any school district to the trustees thereof;

      7.  To grade the schools in his supervision district, in the month of July of each year, designating which schools are high school, and which are elementary school, and to keep record of such gradation in his office.

      Sec. 27.  Compensation of Deputy Superintendents.  The compensation of each deputy superintendent of public instruction shall be fixed by the state board of education, and shall be paid out of the state distributive school fund in the same manner as the salaries of other state officers are paid. All claims for the traveling expenses, including the cost of transportation and cost of living, as fixed by law for state officers, of each deputy superintendent of public instruction while absent from his or her place of residence, together with necessary office expenses, shall be paid from the state distributive school fund of the state, whenever such claims shall be allowed by the state board of examiners; provided, that not more than nine hundred ($900) dollars shall be paid from the state distributive school fund of the state in settlement of claims for such traveling expenses of each deputy superintendent of public instruction during any one (1) year; that the office expenses of each of the deputy superintendents of public instruction for the first, second, and third educational supervision district shall be paid from the state distributive school fund of the state, and not more than five hundred ($500) dollars for each such deputy shall be paid during any one (1) year in the settlement of such claims, and the office expenses of each deputy superintendent of public instruction for the fourth (4th) and fifth (5th) supervision districts shall be paid from the state distributive school fund of the state in settlement of such claims for office expenses in the amount not to exceed two thousand ($2,000) dollars for each such deputy in any one (1) year.

more than nine hundred ($900) dollars shall be paid from the state distributive school fund of the state in settlement of claims for such traveling expenses of each deputy superintendent of public instruction during any one (1) year; that the office expenses of each of the deputy superintendents of public instruction for the first, second, and third educational supervision district shall be paid from the state distributive school fund of the state, and not more than five hundred ($500) dollars for each such deputy shall be paid during any one (1) year in the settlement of such claims, and the office expenses of each deputy superintendent of public instruction for the fourth (4th) and fifth (5th) supervision districts shall be paid from the state distributive school fund of the state in settlement of such claims for office expenses in the amount not to exceed two thousand ($2,000) dollars for each such deputy in any one (1) year.

      Sec. 28.  Powers of Deputies.  The superintendent of public instruction shall confer upon the deputy superintendents of public instruction such power and authority to act in his name as he shall deem proper; provided, that such power and authority shall be in accordance with the laws of this state.

      Sec. 29.  Rules for Deputies.  The state board of education shall adopt such rules and regulations further defining the powers and duties of the deputy superintendents of public instruction as shall, in its judgment, be needful to secure efficiency and coordination, and thereafter such rules and regulations may be modified as the board shall deem necessary; provided, that such rules and regulations shall be in accordance with the law of this state.

      Sec. 30.  Removal of Deputies.  The state board of education shall, upon the written recommendation of the superintendent of public instruction specifically setting forth the grounds therefor, have power to remove deputy superintendents of public instruction from office for evident unfitness or for conspicuous failure to perform the duties of said office; provided, however, that such deputy shall have at least ten (10) days’ notice that such recommendation will be made, and shall have opportunity to be heard in his own defense by such board.

Chapter 6

school districts

      Sec. 31.  School Districts Defined.  The schools and school districts of the State of Nevada shall consist of the following kinds and types:

      1.  School District-Any single school district not combined in any way with any other school district.

      2.  Joint School District-Any single school district, part of the territory of which lies in different counties.

      3.  Union School District-A combination of two (2) or more school districts, either high school or elementary school of any type, wherein one (1) board of education controls all of the schools of the union, but each of the component districts retains its own identity.

Powers of deputies

Rules for deputies

Removal of deputies

School districts defined

School districts defined

more school districts, either high school or elementary school of any type, wherein one (1) board of education controls all of the schools of the union, but each of the component districts retains its own identity.

      4.  Consolidated School District-A combination of two (2) or more school districts wherein the component school districts completely lose their separate identities, except for apportionment purposes, and merge into one (1) enlarged district with a single board of trustees.

      5.  County High Schools-Those high schools established by a county pursuant to law and governed by a county board of education, and supported by taxation of the property of the entire county.

      6.  Branch County High School-A high school established by a county pursuant to law, in a county wherein there is already a county high school, governed by the same county board of education which governs the county high school, and supported by taxation of the property of the entire county.

      7.  Combined Schools-Those schools which for the purpose of economy and efficiency in carrying on the program of the education of the children of the respective school districts, combine under a contractual arrangement of the respective boards of trustees of the school districts, which contract may be terminated in June of any year, to hold school in one (1) district under the control of one (1) of the boards of trustees. In this arrangement, both school districts and boards hold their separate identities and powers.

      8.  Public Schools-Public schools within the meaning of this chapter shall include all elementary schools, and all district and county high schools.

      9.  Elementary-High School-Junior High School-An elementary school within the meaning of this chapter shall be one in which no grade work above that included in the eighth (8th) grade, according to the regularly adopted state course of study, shall be given.

      A high school within the meaning of this chapter shall be a school in which subjects above the eighth (8th) grade, according to the state course of study, may be taught.

      A junior high school within the meaning of this chapter shall be a school in which the seventh (7th), eighth (8th), and ninth (9th) grades are taught under a course of study prescribed or approved by the state board of education.

      Sec. 32.  School Districts.  Every village, town, or incorporated city of this state shall constitute but one (1) elementary school district unless otherwise provided for in this school code; and the public schools therein shall be under the supervision and control of the board of trustees of that school district.

      Sec. 33.  Classification of School Districts as to Size and Number of Teachers-Appointment of City and County Superintendents.  All school districts in Nevada are hereby divided into two (2) classifications. Each district employing ten (10) or more regular elementary teachers shall be known as a district of the first class, and each district employing less than ten (10) such teachers shall be known as a district of the second class. The board of school trustees of any such district of the first class is hereby authorized to create the office of the city superintendent of schools for such district, to define the powers and duties of such superintendent, to elect to said office any person entitled to teach in the high schools in this state and to fix his salary; and the county board of education of any county in this state is hereby likewise authorized to create the office of the superintendent of the county high school; provided, that ten (10) full-time teachers are regularly employed in said county high school, and to define the powers and duties and salaries thereof and elect as such superintendent a person qualified to teach in the high schools of this state; provided further, that no city superintendent or no superintendent of a county high school shall be elected for more than one (1) year, unless said city superintendent or said superintendent of a county high school, as the case may be, shall have first served two (2) years acceptably in the district or county, whereupon said board of trustees or county board of education may elect said superintendent for a term not to exceed four (4) years; and provided further, that said superintendent may be dismissed at any time for cause.

      Sec. 34.  New School Districts-Creation of from Unorganized Territory.  The board of county commissioners of each of the several counties of the state is hereby authorized and empowered to create new school districts from unorganized territory when there shall have been presented to it from the parents or guardians of five (5) or more resident children, a certified petition which shall accurately describe the boundaries of the proposed district, such boundaries to conform, when practicable, with the lines of the government surveys, and the names and ages of all children residing in such proposed school districts at the date of such petition; provided, that such petition must be approved by the deputy superintendent of public instruction of the educational supervision district affected.

      Sec. 35.  Boundary Changes, Board of County Commissioners Authorized to Make.  The board of county commissioners of each of the several counties of this state is hereby authorized and empowered to make the changes specified in this section in the manner specified in this section:

Classification of school districts

New school districts

Boundary changes

Boundary changes

New school districts; opening of school

      1.  To create a new school district from a portion or portions of one (1) or more school districts already established, upon the petition of three-fifths (3/5) or more of the registered voters living within each of the districts from which the proposed new school district is to be taken;

      2.  To make changes in the boundaries of school districts upon the petition of three-fifths (3/5) or more of the registered voters living within each of the districts to be affected by such proposed change;

      3.  To make changes in the boundaries of school districts so as to place one (1) or more families having school children, and residing in a school district much nearer or more convenient to the schoolhouse of an adjoining district than their own, in the district nearer or more convenient for said children to attend, upon the petition of the family or families desiring such change, and said petition must be accompanied by a favorable recommendation of the deputy superintendent of public instruction for that educational supervision district.

      In the event that the necessary signatures to the petition called for in subdivisions one (1) and two (2) of this section are not procured, then a petition signed by one-third (1/3) of the registered voters living within each of the school districts to be affected by the change shall be submitted to the board of county commissioners and the latter board shall direct, and is hereby authorized to direct, that the question raised by the said petition shall be submitted to the registered voters of such districts at the next school election, and if the majority of such voters are in favor of forming such new district or changing boundaries, the said board of county commissioners shall accept such result as equivalent to the petition called for in the said subdivisions one (1) and two (2) of this section.

      After petition or election as herein provided for, and in each case provided for in this section, before final action in the premises by the board of county commissioners, at least ten (10) days’ notice shall be given to the school districts to be affected by the proposed change, that parents and others who may be opposed thereto can appear before the said board of county commissioners at the next regular meeting thereof, or at a later designated date, to show cause why the aforesaid petition should not be granted.

      Sec. 36.  New School Districts-Opening of School-Limitation.  Whenever a new school district is organized, school shall be commenced therein within one hundred twenty (120) days from the date of action of the board of county commissioners creating such school district, and if school is not so commenced within the said district, then the action creating such district shall be void, and no such school district shall exist.

such district shall be void, and no such school district shall exist.

      Sec. 37.  School Districts, Size of Limited.  No single school district shall exceed in size two hundred fifty six (256) square miles in area, nor be more than twenty (20) miles in length in any one direction, except as otherwise provided for in this school code.

      Sec. 38.  Districts Enlarged-How.  The board of county commissioners, in any county, on the recommendation of the deputy superintendent of public instruction for that educational supervision district, and without formal petition may enlarge the boundaries of any school district wherein there may be uncertainty of maintaining the minimum requirement of five (5) resident children of school age, sufficiently beyond the two hundred fifty six (256) square-mile limit to include five (5) or more such resident school children actually residing, and not temporarily living, therein.

      Sec. 39.  School Districts, Annexation of One by Another.  Whenever a petition of the majority of the board of trustees or three-fifths (3/5) of the registered electors living in a single established school district, approved by the deputy superintendent of public instruction for that educational supervision district, shall be submitted to the board of trustees of any adjoining school district in the same county, and said petition shall ask that the petitioning single school district be annexed to the school district petitioned, it shall be the duty of the trustees of the said petitioned district to act upon such petition within thirty (30) days after such petition is presented to them. Such petition may be accepted by the petitioned board of trustees by a majority vote of the members of said board present at the time of voting.

      Sec. 40.  Same, Notice To Be Given and Hearing Held.  Within ten (10) days after the petition mentioned in the next preceding section is submitted to the board of trustees of the petitioned school district, the said board shall cause to be posted at each schoolhouse and at each publicly owned building within the two (2) districts, and at such other places as they deem necessary, a notice to the effect that a hearing will be held ten (10) days from the time of posting such notice, to determine whether or not the petitioning district shall be annexed. Such notice shall fix the date, hour, and place of the hearing. It shall be the duty of the aforesaid trustees to hold the hearing at the time and place mentioned in said notice.

      Sec. 41.  Same, Notice of Acceptance.  In the event that the board of trustees of the petitioned school district shall accept the petition as provided for previously in this chapter, then notice of such acceptance shall be forwarded at once to the superintendent of public instruction, the board of county commissioners, the county assessor, and the county treasurer of the county concerned, and shall be published in a newspaper of general circulation within the county at least once a week for four (4) consecutive weeks.

Size of school districts

Districts enlarged, how

Annexation of school districts

Notice to be given

Notice of acceptance

Effect of, property passes

But one school, when

then notice of such acceptance shall be forwarded at once to the superintendent of public instruction, the board of county commissioners, the county assessor, and the county treasurer of the county concerned, and shall be published in a newspaper of general circulation within the county at least once a week for four (4) consecutive weeks.

      Sec. 42.  Same, Effect of, Property Passes.  Upon notice being given as prescribed in the immediately preceding section of this chapter, the school district which petitioned for annexation shall cease to exist as a separate district, and shall become a part and parcel of the accepting district. All assets and property of the abolished district shall accrue to the accepting district, and all liabilities of the abolished district shall be liabilities of the accepting district. The board of trustees of the abolished district shall also be abolished, and the trustees thereof shall go out of office. All of the powers and duties of the said board shall accrue to the board of trustees of the annexing district as the governing board of the enlarged district.

      Sec. 43.  But One School, When.  In any neighborhood or community containing not more than twenty (20) resident children of school age, in which a schoolhouse may be located so that the most distant such school child resides not to exceed three (3) miles therefrom, but one school district shall be created or shall exist, and in a neighborhood or community in which not more than one (1) school district is now organized, not in conformity with this school code, such districts shall be consolidated, and it shall be the duty of the board of county commissioners of the county in which said neighborhood or community is located to organize the territory comprised in said districts into one (1) school district. It shall be the duty of the county auditor and county treasurer of that particular county to place the funds of the several existing districts to the credit of the newly organized district, and the superintendent of public instruction shall appoint the trustees for said district. In any such neighborhood or community no school district shall receive an apportionment of school funds until consolidated as herein provided. The deputy superintendent of public instruction for that educational supervision district shall decide where the school shall be held, and, if school is held in any other place in the district than that so designated by the said deputy superintendent of public instruction, the county auditor shall draw no warrant or warrants upon the funds of the district for the payment of claims for the maintenance of said school.

      Sec. 44.  Certain Districts Not To Receive School Money, When.  No school district shall receive any portion of the public school moneys in which district there was not taught by a legally qualified teacher a public school for a term of at least six (6) months of the school year ending on the last day of the preceding June, with at least three (3) resident children between the ages of six (6) and eighteen (18) years in actual attendance for as much as one hundred (100) days, except when such school district is a newly organized district.

by a legally qualified teacher a public school for a term of at least six (6) months of the school year ending on the last day of the preceding June, with at least three (3) resident children between the ages of six (6) and eighteen (18) years in actual attendance for as much as one hundred (100) days, except when such school district is a newly organized district. When a new district is formed by the division of a district theretofore established, such new district shall be entitled to a share of all school moneys to the credit of the old district at the time said division was made by the county commissioners, after the payment of all outstanding debts of said old district, said share to be based upon the proportion that the number of children of school age residing within the new district at the time the division was perfected bears to the total number of children of school age residing within the old district immediately prior to the effective date of such division. To determine such number of children, the state superintendent of public instruction is hereby authorized to have a special census taken, if necessary, in each district, and at the expense of each district wherein taken.

Chapter 7

joint school districts

      Sec. 45.  Joint School Districts in Adjoining Counties, When.  A joint school district may be formed of parts of two (2) or more counties, provided a majority of the registered voters in that part of each county which it is proposed to include in such proposed joint district shall petition for the creation of such joint district, such petition to contain a description of the boundaries of the proposed joint district. When such petition is presented to the board of county commissioners in each county in which any part of the territory of said proposed joint district is located, each such board shall, if it favors the establishment of a joint district, provide for such establishment, and the superintendent of public instruction shall appoint the members of the board of school trustees of such joint school district, who shall serve until their successors are elected and qualified according to law.

Chapter 8

combined schools

      Sec. 46.  Combined Schools-How Established.  On the recommendation of the deputy superintendent of public instruction for the educational supervision district affected, the boards of school trustees of any contiguous elementary school districts in the same county or in adjoining counties may in a joint meeting of the school boards of such districts attended by such deputy superintendent of public instruction, unite said districts and establish a combined school to be supported out of the funds belonging to the respective districts.

Certain districts not to receive school money, when

Joint school districts in adjoining counties, when

Combined schools, how established

What boards govern, more than one school, when

Vouchers for expenses of combined schools

Combined schools, how dissolved

be supported out of the funds belonging to the respective districts.

      Sec. 47.  What Boards Govern-More Than One School, When.  The school thus established shall be under the immediate control of the board of school trustees in whose district the school is held, and shall be maintained according to the terms of a written agreement made between the school boards concerned in the combined school, a copy of which agreement shall be filed with the deputy superintendent of public instruction for the educational supervision district affected; provided, that school may be maintained at more than one (1) point within the districts thus combined, if found necessary or advisable; and provided further, that the classes and grades in such districts shall be arranged with reference to the convenience of the children and the efficient and economical management of such schools. In case of a disagreement of the boards as to the arrangement and distribution of the various classes and grades within the districts, the deputy superintendent of public instruction for the educational supervision district affected shall determine the same.

      Sec. 48.  Vouchers for Expenses of Combined Schools.  Twice each year immediately after the semiannual apportionment of state and county school funds, vouchers shall be made out upon the school funds of the school district or districts whose children are attending school in the receiving district. Such vouchers shall be made out in the amount agreed upon in the joint meeting of the school boards, for the benefit of the school district in which school is being held, as embodied in the written agreement between the said boards, and said voucher shall be signed by a majority of the trustees of the school board of the district upon whose funds the vouchers are drawn. Each of the original school districts thus combined shall retain its own identity and existence.

      It is the intention of this chapter that the business and administration of a combined school shall be carried on through the school board of the district in which school is being held as if such school were held by a single school district, subject only to the terms of the written agreement between the several school boards of the combined school.

      Sec. 49.  Combined Schools-How Dissolved.  The combined school or district, herein provided for, may be dissolved in June of any year by mutual consent or action of the boards of school trustees in the districts interested, or by the unanimous action of the school board of either of said districts; provided, that no indebtedness incurred in maintaining the combined school exists at the time of such dissolution; and provided further, that in case of dissolution by action of only one (1) of the districts as herein provided for, at least thirty (30) days’ notice of intention to dissolve shall be given to the school board of the other district or districts concerned.

by action of only one (1) of the districts as herein provided for, at least thirty (30) days’ notice of intention to dissolve shall be given to the school board of the other district or districts concerned.

      Sec. 50.  District Abolished, When.  Whenever any school district has fewer than three (3) resident children in average daily attendance, and the deputy superintendent of public instruction for that educational supervision district so notifies the board of county commissioners of the county wherein such school district is located, the said board of county commissioners, upon the recommendation of such deputy superintendent of public instruction, shall abolish such school district; except that where there are at least two (2) resident children in actual school attendance, and there are at that time sufficient funds to the credit of the district, or in its treasury, to meet the actual expense of the continuation of the school, the district may be continued and the school maintained for the then current school year and so long as such funds exist.

      Sec. 51.  Funds to Revert.  All moneys remaining to the credit of any school district which has been legally abolished by action of the board of county commissioners of the county in which the district is situated shall revert to the county school reversion fund of said county.

      Sec. 52.  Property of Abolished District.  All property, real and personal, of any abolished school district shall revert to the county in which the said district is situated, and the board of county commissioners is hereby authorized to control and manage, rent, or sell such reverted school property in the manner prescribed for the sale of county property; provided, that in case the said board of county commissioners shall find all of the real and personal property of any abolished district to be of a reasonable value of less than one hundred ($100) dollars, the same may be sold without publication of notice and to the highest bidder for cash at private sale.

      Sec. 53.  Disposal of Proceeds.  All the moneys derived from the sale or rent of reverted school property shall be paid into the county school fund.

Chapter 9

consolidated school districts

      Sec. 54.  What Districts May Consolidate.  Any two (2) or more adjacent school districts may unite for the purpose of establishing a single consolidated school district.

      Sec. 55.  Method of Consolidation-Notice-Procedure.  The process of uniting two (2) or more school districts into a consolidated district shall be as follows:

      Upon receipt of a petition signed by a majority of the registered electors living in each of the school districts to be affected by the proposed consolidation, the board of county commissioners of the county in which such districts are located shall cause a notice to be published once a week for three (3) consecutive weeks, which shall consist of four (4) weekly publications, in a newspaper having general circulation within that county, which notice shall state fully the names of the districts proposing to consolidate, the boundaries of the proposed consolidated district and shall set forth the day and hour when the said board of county commissioners will canvass the signatures on each petition and hear statements that the residents of any of the districts to be affected by the proposed consolidation may make, either for or against the proposition of consolidation.

District abolished, when

Funds to revert

Property of abolished district

Disposal of proceeds

What districts may consolidate

Method of consolidation, notice, procedure

Method of consolidation, notice, procedure

registered electors living in each of the school districts to be affected by the proposed consolidation, the board of county commissioners of the county in which such districts are located shall cause a notice to be published once a week for three (3) consecutive weeks, which shall consist of four (4) weekly publications, in a newspaper having general circulation within that county, which notice shall state fully the names of the districts proposing to consolidate, the boundaries of the proposed consolidated district and shall set forth the day and hour when the said board of county commissioners will canvass the signatures on each petition and hear statements that the residents of any of the districts to be affected by the proposed consolidation may make, either for or against the proposition of consolidation. At the time set forth in the notice the said board of county commissioners shall proceed to canvass the signatures on each petition and, if a majority of the said board are satisfied that the petitions presented represent the will of the majority of the registered electors living in each of the districts affected thereby, they shall unite such districts into a single consolidated district, shall designate said district as “Consolidated School District No......,” and shall designate a place at which the trustees of the several districts united shall meet to hold an election as hereinafter provided.

      If three (3) or more school districts are proposing to consolidate and a majority of the voters in any one (1) district are opposed to such consolidation, such district shall not be made a part of the consolidated district, but the board of county commissioners may consolidate such other districts which are affected by the proposed consolidation without requiring new petitions.

      In the event that there is no newspaper published within the county the aforesaid notice shall be given by posting on the front door of each schoolhouse of each of the districts to be so consolidated.

      In the event that a school district entitled to not more than three apportionment teachers desires to consolidate with a school district having a population of five thousand (5,000) or more registered electors, consolidation may be effected through the following procedure:

      1.  A petition be filed with the board of trustees of the smaller district signed by not less than three-fifths of the registered electors of such district, requesting the board of trustees to seek consolidation with the larger district;

      2.  The board of trustees of the smaller district file a petition with the board of trustees of the larger district requesting such consolidation, said petition to be signed by all members of the board of trustees of the smaller district and approved by the deputy superintendent of public instruction;

approved by the deputy superintendent of public instruction;

      3.  The board of trustees of the larger district cause notice to be given of a public meeting at which the matter of consolidation of the districts involved will be discussed;

      4.  The board of trustees of the larger district thereafter request the board of county commissioners of the county in which the two districts are located to confirm the consolidation.

      Sec. 56.  Trustees, How Elected.  On the second Saturday after the consolidated district shall have been formed the trustees of the several districts which shall have been consolidated shall meet at the place designated by the county commissioners as hereinbefore provided and shall elect by their ballot three (3) of their number to be trustees of the consolidated district, and such trustees so elected shall hold office until the next regular election and certification of school trustees as provided for by law; provided, however, that if the school board of the larger district is composed of five members, such district being a district of the first class or a union school district, at the meeting hereinabove in this section provided, the members of the two or more boards concerned shall elect by their ballot five of their number to be trustees of the consolidated district, and such trustees so elected shall hold office until the next regular election and certification of school trustees as provided for by law. A certified statement of the result of said election, together with the oaths of office of the trustees elected and who qualify, shall be filed with the deputy superintendent of public instruction for the educational supervision district in which the consolidated district is located. In case such election is not held, the superintendent of public instruction shall appoint the trustees. Upon the election or appointment of the trustees of the consolidated district, the consolidation shall then have been completed, and the offices of trustee of the original component districts shall be and be considered abolished.

      Sec. 57.  Public Moneys, How Apportioned.  In apportioning county and state school moneys to a consolidated school district the superintendent of public instruction shall apportion such moneys in the following manner:

      First-He shall ascertain from the report of such consolidated school district for the last preceding school year the number of teachers to which the consolidated school district is entitled, by calculating for each component school district comprising the consolidated school district one teacher for the first twenty (20) pupils in average daily attendance or such less number of pupils in average daily attendance as allowed by law for the maintenance of a school, and one additional teacher for each component district for each twenty (20) pupils or major fraction of twenty (20) pupils in average daily attendance in said component district in excess of the original twenty (20) pupils; but a consolidated district which had a total average daily attendance of from twenty (20) to thirty (30), inclusive, for the last preceding school year shall be allowed a two-teacher apportionment when there are children attending that school from two or more of the districts composing the consolidated district, if otherwise the total teacher apportionment for all the component districts of the consolidated district is only one; provided, however, that if the consolidated district has a total average daily attendance of from twenty (20) to thirty (30), inclusive, for the last preceding school year, all of whom are from one (1) component district of the consolidated district, then such consolidated district shall be allowed an extra teacher only if such school has regularly employed two teachers since the last preceding semiannual school apportionment; provided, however, that when three (3) or more component school districts have formed a consolidated district and the average daily attendance in the consolidated district is insufficient to provide a two-teacher apportionment for the consolidated district, if children have been in average daily attendance for the preceding school year in the consolidated school from more than one of the component districts, a two-teacher apportionment shall be allowed the consolidated district notwithstanding the above provisions of this chapter.

Trustees, how elected

Public moneys, how apportioned

Public moneys, how apportioned

attendance as allowed by law for the maintenance of a school, and one additional teacher for each component district for each twenty (20) pupils or major fraction of twenty (20) pupils in average daily attendance in said component district in excess of the original twenty (20) pupils; but a consolidated district which had a total average daily attendance of from twenty (20) to thirty (30), inclusive, for the last preceding school year shall be allowed a two-teacher apportionment when there are children attending that school from two or more of the districts composing the consolidated district, if otherwise the total teacher apportionment for all the component districts of the consolidated district is only one; provided, however, that if the consolidated district has a total average daily attendance of from twenty (20) to thirty (30), inclusive, for the last preceding school year, all of whom are from one (1) component district of the consolidated district, then such consolidated district shall be allowed an extra teacher only if such school has regularly employed two teachers since the last preceding semiannual school apportionment; provided, however, that when three (3) or more component school districts have formed a consolidated district and the average daily attendance in the consolidated district is insufficient to provide a two-teacher apportionment for the consolidated district, if children have been in average daily attendance for the preceding school year in the consolidated school from more than one of the component districts, a two-teacher apportionment shall be allowed the consolidated district notwithstanding the above provisions of this chapter.

      Second-In determining the number of teachers upon which the consolidated district is entitled to receive state and county moneys according to the law governing the apportionment of state and county school moneys to the several school districts of the state, the superintendent of public instruction shall add together the teachers thus found in the several districts comprising the consolidated district and apportion according to the total so ascertained; provided, that such number of teachers shall in no case be less than would be apportioned if all attendance in the component districts came from a single district.

      Third-Pupil apportionments to the school districts, comprising a consolidated school district, shall be made under the provisions of subparagraph 2(b), section 180, of this code; provided, however, that when the average daily attendance of any component district of a consolidated school district falls below three (3) for the last preceding school year such component district will be entitled to receive pupil apportionments from state and county funds.

      Sec. 58.  Funds to Accrue.  All state and county school funds remaining to the credit of school districts that have so united to form a consolidated district shall accrue to and be placed to the credit of the consolidated district.

funds remaining to the credit of school districts that have so united to form a consolidated district shall accrue to and be placed to the credit of the consolidated district.

      Sec. 59.  Old Debts, How Paid.  If any school district uniting to form a consolidated district shall have, at the time of its disorganization, a legal bonded indebtedness, such indebtedness shall attach to and become a charge against the territory comprised in the consolidated district, and it shall be the duty of the county commissioners of the county in which such territory is located to cause annually to be levied upon the property, real and personal, in such consolidated district, a tax sufficient to meet the interest and provide a sinking fund for the payment of such indebtedness.

      Sec. 60.  Property Accrues to New Consolidated District.  The school property of the disorganized districts shall, upon the organization of the consolidated district, be and become the property of the said consolidated district, and the board of trustees of said district is hereby authorized to use said property in carrying out the school work of the consolidated district, or to sell or dispose of it in the manner now provided by law for the disposition of school property and for the best interests of the said district.

      Sec. 61.  School Law To Govern.  In all matters relating to consolidated school districts, not provided for in the preceding sections of this chapter, the law relating to other school districts shall be in force where said laws are applicable.

Chapter 10

another type of consolidated school districts-

one (1) teacher schools-adjoining counties

      Sec. 62.  Who May Consolidate.  The boards of county commissioners of any two (2) adjoining counties in which there are two (2) one-teacher rural school districts adjoining each other, but situated one in each of said adjoining counties, in which districts the total number of resident children does not exceed forty (40), may by separate action unite the two (2) schools and form a consolidated school district, on the recommendation of the state superintendent of public instruction, and without formal petition of the residents of the said districts; provided, that the state superintendent of public instruction before making such recommendation shall have been requested so to do by parents representing a majority of the resident children in the two (2) districts, and shall have satisfied himself that the educational needs of the two (2) districts would thereby be more efficiently promoted.

      Sec. 63.  Name of District.  The name of the district thus formed shall be “Consolidated School District .......” (blanks to be filled by the initial letters of the two (2) counties, as “H. W.”).

Funds to accrue

Old debts, how paid