department which may hereafter succeed to its functions in the administration of said act of Congress; to administer any legislation pursuant thereto enacted by the State of Nevada; and to administer the funds provided by the federal government and the State of Nevada under the provisions of this school code for the promotion of vocational education in agricultural subjects, trade and industrial subjects, and home economics subjects.

      (a) The state board for vocational education shall have full authority to formulate plans for the promotion of vocational education in such subjects as an essential and integral part of the public school system of education in the State of Nevada and to provide for the preparation of teachers of such subjects.

      (b) The state board for vocational education shall have authority to fix the compensation of such officials and assistants as may be necessary to administer the federal act and this school code for the State of Nevada, and pay such compensation and other necessary expenses of administration and travel from funds appropriated in this school code.

      (c) The state board for vocational education shall have authority to make studies and investigations relating to vocational education in such subjects; to promote and aid in the establishment by local communities of schools, departments or classes giving training in such subjects; to cooperate with local communities in the maintenance of such schools, departments, or classes; to prescribe qualifications for the teachers, directors, and supervisors of such subjects and have full authority to provide for the certification of such teachers, directors, and supervisors; to cooperate in the maintenance of classes supported and controlled by the public for the preparation of the teachers, directors, and supervisors of such subjects or to maintain such classes under its own direction and control; to establish and determine by general regulations the qualifications to be possessed by persons engaged in the training of vocational teachers.

      Sec. 308.  Meetings.  The state board for vocational education shall hold at least four (4) stated meetings per year as follows: On the fourth (4th) Monday of December; on the fourth (4th) Monday of March, on the fourth (4th) Monday of June; and on the fourth (4th) Monday of September, and at such other times as may be designated by the state executive officer of the board or upon the request in writing of a majority of the members of the board.

      Sec. 309.  School Board May Maintain.  Any district or county school board may establish and maintain vocational schools or classes, giving instruction in agricultural subjects, trade or industrial subjects, or home economics subjects, and may raise and expend money for the establishment and maintenance of such vocational schools or classes in the same manner in which moneys are raised and expended for other school purposes, and moneys so raised may be expended in providing vocational education as outlined in this school code.

Powers of state board

Meetings

School board may maintain

To share in federal and state funds

Board to report

Vocational education; administration of funds

Benefit of act accepted

State board authorized to act

may raise and expend money for the establishment and maintenance of such vocational schools or classes in the same manner in which moneys are raised and expended for other school purposes, and moneys so raised may be expended in providing vocational education as outlined in this school code.

      Sec. 310.  To Share in Federal and State Funds.  Whenever any school or classes have been organized in accordance with rules and regulations adopted by the state board for vocational education, and shall have been approved by the state board for vocational education, they shall be entitled to share in federal and state funds available for the promotion of vocational education to an amount no less than fifty (50%) percent of the moneys expended for the salaries of the teachers of vocational subjects in such approved schools or classes.

      Sec. 311.  Board to Report.  The state board for vocational education shall make a report biennially to the legislature setting forth the condition of vocational education in the State of Nevada, a list of the schools to which federal and state aid has been given and a detailed statement of the expenditures of the federal funds and state funds provided in section 310 of this school code.

      Sec. 312.  Vocational Education-Administration of Funds.  The moneys provided for vocational education, which consists of agricultural education, trade and industrial education, and home economics education and such other phases of vocational education as the state board for vocational education may approve for adoption in Nevada schools, shall be provided for and raised in the manner specified in sections 303 to 311 of this school code relating to vocational education, and the state treasurer shall be custodian of such moneys and they shall be used and administered under the state board of vocational education.

Chapter 34

vocational rehabilitation

      Sec. 313.  Benefit of Act Accepted.  That the State of Nevada does hereby accept the benefits of any act that may be passed by the senate and house of representatives of the United States of America, in Congress assembled, to provide for the promotion of vocational rehabilitation of persons, disabled in industry or otherwise and their return to safe employment, and will observe and comply with all the requirements of said act.

      Sec. 314.  State Board of Vocational Education Authorized to Act.  That the state board of vocational education is hereby designated as the state board for the purposes of the said act, and is hereby given all the necessary power to cooperate with the federal office of rehabilitation, federal security agency, or any federal agency, office, board or department which may hereafter succeed to its function in the administration of the provisions of the act.

agency, or any federal agency, office, board or department which may hereafter succeed to its function in the administration of the provisions of the act.

      Sec. 315.  State Treasurer Custodian of Funds.  That the state treasurer is hereby designated and appointed as custodian of the funds for vocational rehabilitation, and shall receive and provide for the proper custody and disbursement of moneys paid to the state from the appropriations made by said act, and of moneys hereinafter appropriated by the state for this purpose.

      Sec. 316.  Gifts or Donations Received for Vocational Rehabilitation Fund.  The state board of vocational education is hereby authorized and empowered to receive such gifts and donations, either from public or private sources, as may be offered unconditionally or under such conditions related to the vocational rehabilitation of persons disabled in industry or otherwise as are proper and consistent with the provisions of this school code. All moneys received as gifts or donations shall be deposited in the state treasury and shall constitute a permanent fund to be called the special maintenance fund for the vocational rehabilitation of disabled persons, to be used to defray the expenses of vocational rehabilitation in special cases of persons undergoing reeducation and training.

Chapter 35

teachers’ certificates

      Sec. 317.  Certificates of Teachers.  All teachers’ certificates and life diplomas shall be granted by the state board of education; provided, that all teachers’ certificates previously issued by legally constituted authorities shall remain valid for the time and under the conditions of the original issue unless revoked in accordance with law.

      Bureau of Certification Established.  The state board of education may issue certificates to all persons qualified to receive the same under the rules and regulations of said board; it is hereby authorized to provide for and establish a certification bureau in the department of public instruction, and to provide for the employment of a competent assistant. The state superintendent of public instruction shall be administrator of said certification bureau, without extra compensation.

      Board to Fix Fees.  The state board is hereby authorized to fix fees for the issuance and renewal of certificates and for the issuance of life diplomas. Fees for issuing duplicate certificates or diplomas shall be the same as for issuing the originals.

      Proceeds from Fees to go Into Certification Bureau Fund.  The moneys received from fees collected under the provisions of this chapter shall be paid into the state treasury to the credit of the certification bureau fund and said fees shall be used for the payment of the necessary expenses for conducting said bureau, and all claims against said fund shall be audited by the state superintendent of public instruction and upon his order be allowed and paid for from the certification bureau fund as other claims against the state are allowed and paid.

State treasurer custodian of funds

Gifts or donations

Certificates of teachers

Bureau of certification established

Board to fix fees

Proceeds from fees to go into certification bureau fund

Teachers’ certificates; grades

School boards to notify teachers of reemployment; proviso

Teacher must be legally employed

credit of the certification bureau fund and said fees shall be used for the payment of the necessary expenses for conducting said bureau, and all claims against said fund shall be audited by the state superintendent of public instruction and upon his order be allowed and paid for from the certification bureau fund as other claims against the state are allowed and paid.

      Sec. 318.  Teachers’ Certificates-Grades.  Teachers’ certificates in this state shall be:

      1.  High school, authorizing the holder thereof to teach in any high school in the state.

      2.  Elementary, authorizing the holder thereof to teach in any elementary school in the state; provided, that no teacher shall be eligible to act as principal of an elementary school unless he holds an elementary certificate of the first grade.

      3.  Junior high school, authorizing the holder thereof to teach in any junior high school in the state.

      4.  Special, authorizing the holder thereof to teach such branches of learning and in such grades and school districts as are named in the certificate.

Chapter 36

powers and duties of teachers

      Sec. 319.  School Boards to Notify Teachers of Reemployment-Proviso.  It shall be the duty of the school boards of the several districts, including county high schools, to notify in writing the teachers in their employ on or before the 1st day of May of each year concerning the reemployment of such teachers for the ensuing year. In case the board through its proper official shall fail so to notify its teachers, then those teachers who are employed and who have been so employed for the major part of the current year shall be deemed reelected on the same terms as for the then closing school year, and the board shall issue the regular contract in such cases as though the board had elected said teachers in the usual manner; provided, that any teacher who shall have been informed of his reelection by written notice from the board, or who shall have been automatically reelected in accordance with the provisions of this section, in either event shall, within ten (10) days thereafter, present to the board in writing his or her acceptance of the position; and provided further, that failure on the part of the teacher to notify the board of his or her acceptance as herein provided shall be regarded as conclusive evidence of his non-acceptance of the position.

      Sec. 320.  Teacher Must Be Legally Employed.  No teacher shall be entitled to receive any portion of the public school moneys as compensation for services rendered unless such teacher shall have been legally employed by the school board of the school district or high school in which he or she is teaching nor unless such teacher shall have a certificate issued in accordance with law, in full force and effect at the time such service is rendered, nor unless such teacher shall have made a full, true, and correct report, in the form and manner prescribed by the state board of education, to the superintendent of public instruction and to the school board.

of the school district or high school in which he or she is teaching nor unless such teacher shall have a certificate issued in accordance with law, in full force and effect at the time such service is rendered, nor unless such teacher shall have made a full, true, and correct report, in the form and manner prescribed by the state board of education, to the superintendent of public instruction and to the school board.

      Sec. 321.  School Officers to Administer Oaths.  The superintendent of public instruction and the deputy superintendents of public instruction and any member of a school board are hereby authorized to administer to teachers the oath of office (or affirmation) contained in the first succeeding section hereof, and all other oaths, affirmations, or affidavits relating to public schools; and all superintendents, high school principals, and principals of elementary schools of the first class may administer all such oaths of office, affirmations, and affidavits relating to the public schools of their own districts.

      Sec. 322.  Official Oath for Teachers-Form of Oath.  Each and every teacher employed in this state, whose compensation is payable out of the public funds, shall take and subscribe to the oath as prescribed by the fifteenth (15th) article of the state constitution before entering upon the discharge of the duties of such teacher. Such oath, when so taken and subscribed to, shall, if that of a teacher in the state university, be filed in the office of the board of regents; if of any other class of teachers, the same shall be filed in the office of the deputy superintendent of public instruction.

      The oath is as follows:

      I, .........................................................., do solemnly swear (or affirm) that I will support, protect, and defend the constitution and government of the United States, and the constitution and government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance, and loyalty to the same, any ordinance, resolution or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of teacher on which I am about to enter; (if an oath) “so help me God”; (if an affirmation) “under the pains and penalties of perjury.”

      Sworn and subscribed to before me a................................of the county of.....................and State of Nevada, this..........day of........................, Anno Domini 19.......

      Sec. 323.  Duties of Teacher.  Every teacher in the public schools shall:

      1.  Upon opening of any public school in this state, file with the deputy superintendent of public instruction, a Nevada teacher’s certificate entitling the holder to teach the school in which he shall be employed, together with said oath of office, and any other report that the superintendent of public instruction shall require.

School officers to administer oaths

Official oath for teachers; form of oath

Duties of teacher

Duties of teacher

School year

School month; salaries, etc.

of office, and any other report that the superintendent of public instruction shall require. The deputy superintendent shall acknowledge the receipt of each teacher’s certificate and shall make proper record of the same in his office. The teacher’s certificate shall remain on file and be safely kept in the office of the deputy superintendent until the teacher’s final report required by this section shall be received in his office;

      2.  Two (2) weeks before closing the school, make a final report in the manner and on the blank forms prescribed by the superintendent of public instruction. The final report shall include all required statistics and information for the entire school year, notwithstanding any previous report for a part of the year. The teacher shall make fair estimates of the statistics and information of the last two weeks in order to close the final report. Upon receipt of the teacher’s final report, the deputy superintendent shall, if he approve such report as correct, notify the clerk of the school district from which the report comes that the teacher’s final report as required by law has been received, and the clerk of the board shall then, but not until then, draw the trustees’ order in payment for the teacher’s last month’s salary. Any trustees’ orders drawn in violation of the provisions of this school code shall be illegal;

      3.  Keep a true, full, and correct record of all pupils attending such school in accordance with the registers prescribed by the superintendent of public instruction, and teachers shall make other reports of such records at such times and to such school officers as the superintendent of public instruction shall designate. All school registers shall be delivered to the school board at the close of every school term.

      4.  Enforce the course of study as prescribed by law, the use of legally authorized textbooks, and the rules and regulations prescribed for teachers and schools;

      5.  Hold pupils to a strict account of their conduct on and in close proximity to the school grounds, on the playground and during any intermission; provided, however, that no school teacher or principal, or board of trustees, shall expel or suspend any pupil under the age of fourteen (14) years for any cause without first securing the consent of the deputy superintendent of public instruction.

      Sec. 324.  School Year.  The public school year shall commence on the first (1st) day of July and shall end on the last day of June.

      Sec. 325.  School Month-Salaries of Teachers and Rate of Payment-Absence With Pay.  A school month in any public school in this state, whether district school or high school, shall consist of four (4) weeks of five (5) days each, and the teachers thereof shall be paid only for the time in which they are actually engaged in teaching or in other educational services rendered the school district; provided, however, that nothing herein shall prohibit the payment of teachers’ compensation in twelve (12) equal monthly payments for nine or more months’ teaching; provided further, that the per diem deduction from the salary of a teacher because of absence from service for reasons other than those herein specified shall be made on the basis of the monthly payment of such salary; and provided, that all school boards are hereby authorized in their discretion to pay the salary of any teacher unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in his or her family; provided, also, that such salary shall not be paid for more than ten (10) school days in the aggregate in any one (1) school year, or for more than twenty (20) school days in the aggregate for any two (2) consecutive years, or for more than thirty (30) school days in the aggregate for any three (3) consecutive years in the same school, subject to the approval of the school board, unless specifically authorized by the unanimous vote of the school board of such school, upon the written request of such teacher, for some special, substantial, and convincing reason therefor, and under such peculiar circumstances as to make such compensation fair and reasonable to all affected thereby and not detrimental to such school, and unless also approved by the deputy superintendent of public instruction of that educational supervision district; provided further, that when an intermission of less than six (6) days is ordered by such school board for any good reason, no deduction of salary shall be made therefor; and, also, provided further, that when on account of sickness, epidemic, or other emergency in the community a longer intermission is ordered by the school board, or by a duly constituted board of health, and such intermission or closing does not exceed thirty (30) days at any one (1) time, there shall be no deduction or discontinuance of salary or salaries therefor.

educational services rendered the school district; provided, however, that nothing herein shall prohibit the payment of teachers’ compensation in twelve (12) equal monthly payments for nine or more months’ teaching; provided further, that the per diem deduction from the salary of a teacher because of absence from service for reasons other than those herein specified shall be made on the basis of the monthly payment of such salary; and provided, that all school boards are hereby authorized in their discretion to pay the salary of any teacher unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in his or her family; provided, also, that such salary shall not be paid for more than ten (10) school days in the aggregate in any one (1) school year, or for more than twenty (20) school days in the aggregate for any two (2) consecutive years, or for more than thirty (30) school days in the aggregate for any three (3) consecutive years in the same school, subject to the approval of the school board, unless specifically authorized by the unanimous vote of the school board of such school, upon the written request of such teacher, for some special, substantial, and convincing reason therefor, and under such peculiar circumstances as to make such compensation fair and reasonable to all affected thereby and not detrimental to such school, and unless also approved by the deputy superintendent of public instruction of that educational supervision district; provided further, that when an intermission of less than six (6) days is ordered by such school board for any good reason, no deduction of salary shall be made therefor; and, also, provided further, that when on account of sickness, epidemic, or other emergency in the community a longer intermission is ordered by the school board, or by a duly constituted board of health, and such intermission or closing does not exceed thirty (30) days at any one (1) time, there shall be no deduction or discontinuance of salary or salaries therefor. The term “teacher” as used in this section shall mean and be understood to mean teachers, principals, and superintendents of any school in this state; and the term “school board” shall mean and be deemed to mean the board of school trustees of any school district and the board of education of any high school, respectively, in this state.

Chapter 37

special subjects to be taught

      Sec. 326.  Hygiene To Be Taught.  Physiology and hygiene shall be taught in the public schools of this state, and especial attention shall be given to the effects of stimulants and narcotics upon the human system.

      Sec. 327.  Children Instructed Relative to Birds, Fish and Game.  

School month; salaries, etc.

Hygiene to be taught

Fish and game laws to be taught

Public school teachers to teach thrift

State board to prepare courses in thrift

U. S. and state constitutions to be taught

When taught

Teacher requirements

Game.  The fish and game laws of the state of Nevada shall be taught in the public schools of this state, with special attention placed on oral instruction for all children relative to the preservation of song birds, fish, and game.

      Sec. 328.  Public School Teachers to Teach Thrift.  It is hereby made the duty of all teachers in the public schools of the State of Nevada to teach in their respective schools lessons on the subject of thrift. These lessons shall emphasize the importance of industry, production, earning, wise spending, regular saving, and safe investment; also, the importance of thrift in time and material.

      Sec. 329.  State Board to Prepare Courses in Thrift.  It shall be the duty of the state board of education to prepare courses of study on the subject of thrift as outlined in section 328, the same to be a part of the courses of study for elementary and high schools.

      Sec. 330.  All Nevada Educational Institutions Must Give Instruction on U. S. and State Constitutions.  In all the public and private schools, colleges, and universities, including the Nevada school of industry, located within this state, commencing with the school year next ensuing after the passage and approval of this school code, there shall be given instruction in the essentials of the constitution of the United States and the constitution of the State of Nevada, including the origin and history of said constitutions and the study of and devotion to American institutions and ideals; and no student in said schools and colleges shall receive a certificate or diploma of graduation without previously having passed a satisfactory examination upon the said constitutions.

      Sec. 331.  For at Least One (1) Year.  The instruction provided in section 330 of this school code shall be given during at least one (1) year each of the elementary, the high school, and the college grades.

      Sec. 332.  Teachers Required to Show Ability to Instruct in Same.  Hereafter any person who is granted a certificate to teach in the Nevada public schools or who is granted a renewal of his certificate, or anyone in any of the institutions named in section 330 of this school code charged with the duty of giving instruction in the said constitutions, shall be required to show, by examination or credentials, showing college, university, or normal school study, satisfactory evidence of adequate knowledge of the origin, history, provisions, and principles of the said constitutions; provided, however, that the state board of education may grant a reasonable time for compliance with the terms of this section.

      Sec. 333.  Forfeiture of Positions for Neglect to Teach Same.  

Same.  The willful neglect or failure on the part of any public school superintendent, principal, or teacher, or the president, teacher, or any officer in charge of any normal school or college, or any officer in charge of any of the other schools named in this school code to observe and carry out the requirements of this school code, shall be sufficient cause for the dismissal or removal of such party from his or her position.

      Sec. 334.  Duties of Educational Board.  It shall be the duty of the state board of education, the board of regents of the University of Nevada, the superintendent of the Nevada school of industry, and those having charge of any other schools or institutions named in this school code, to make due arrangements for carrying out the provisions of this school code as regards the schools under their respective control or administration.

      Sec. 335.  To Promote Americanism in Public Schools.  American history, history of the State of Nevada, and American civil government shall be taught in all of the grade schools, high schools, and colleges in the State of Nevada, special scientific schools excepted.

      Sec. 336.  At Least One (1) Hour a Week.  There shall be at least one (1) hour set aside each school week in all graded schools and high schools in the State of Nevada for the purpose of holding patriotic exercises.

      Sec. 337.  Such Training Authorized.  It is hereby made the duty of all school officers in control of public high schools in the State of Nevada to provide for courses of instruction designed to prepare the pupils for the duties of citizenship, both in time of peace and in time of war. Such instruction shall include: (1) Physical training designed to secure the health, vigor, and physical soundness of the pupil; (2) instruction relative to the duties of citizens in the service of their country. It shall be the aim of such instruction to inculcate a love of country and a disposition to serve the country effectively and loyally.

      Sec. 338.  Special Teacher, When.  All boards of education or boards of school trustees of county or district high schools offering a four-year high school course are hereby empowered to employ teachers of physical training who shall devote all or part of their time to physical instruction for both boys and girls.

Chapter 38

teachers-miscellaneous provisions

      Sec. 339.  State Teacher Employment Bureau.  The Nevada state teacher’s employment bureau is hereby established in this state.

Penalty imposed

Duties of educational board

Americanism to be promoted

Patriotic exercises

Certain training authorized

Special teacher, when

Teacher employment bureau

State superintendent administrator

List of teachers seeking positions

Fee for certain teachers

Teaching vacancies, how filled

Disposition of moneys

Teacher’s salary prior claim

      Sec. 340.  State Superintendent Administrator.  The state superintendent of public instruction shall be administrator of the same.

      Sec. 341.  List of Teachers Seeking Positions.  It shall be the duty of said superintendent to keep in his office a list of all teachers seeking employment in the schools of this state, together with such data regarding their competency as may be necessary for him to maintain and keep.

      Sec. 342.  Fee for Certain Teachers.  For services given by said bureau to those teachers who have not received a major part of their training within the State of Nevada, either the said superintendent shall be allowed to charge and collect a commission of two (2%) upon the yearly salary of the teachers for whom employment within said schools is procured by the bureau, or said superintendent shall be allowed to charge said teachers a filing fee of not to exceed two-and-one-half ($2.50) dollars each for filing their applications for placement for teaching positions within the state, or such part of each said filing fee and said commission as in his judgment shall seem best, and such filing fee, or commission, or filing fee and commission, shall be full payment for services given by the bureau within the year in which such filing was made with the bureau.

      Sec. 343.  Educational Officers to Fill Teaching Vacancies by Applying to State Bureau.  It shall be the duty of all public school trustees, school superintendents, deputy superintendents of public instruction and county boards of education, or any person or persons empowered to employ public school teachers within this state, requiring the service of a teacher or teachers, to first apply to said bureau for recommendation of the necessary number of teachers required by any school district or county high school within the state before seeking to employ the necessary teachers through any other agency, and the said administrator of this school code shall recommend the same from the list in his possession.

      Sec. 344.  Money Received Applied to Bureau Expenses.  The moneys received from commissions as provided in section 342 hereof shall be paid into the state treasury to the credit of the Nevada state teachers’ employment bureau fund, which is hereby created, and said fund shall be used for payment of the necessary expenses and clerk hire for conducting said bureau, and all claims against said fund shall be allowed and paid therefrom as other claims against the state are allowed and paid.

      Sec. 345.  Teacher’s Salary Prior Claim.  The salaries of the teachers in the several schools of the state as determined in the contract between such teachers and the school boards thereof shall be a prior claim upon the school fund of such school.

      Sec. 346.  Penalty of Teacher for Nonfulfillment of Contract.  Should any teacher employed by any school board for a specified time fail to comply with the provisions of his contract without the written consent of the school board, said teacher shall be deemed guilty of unprofessional conduct, and the state board of education may, upon receiving formal complaint from the school board or deputy superintendent of public instruction, substantiated by conclusive evidence of such fact, suspend the certificate of such teacher for the period of one (1) year.

      Sec. 347.  Suspension or Revocation by State Board of Education.  The state board of education may suspend or revoke the certificate or diploma of any teacher for any of the causes specified in section 15 of this school code.

      Sec. 348.  Appeal to Superintendent of Public Instruction.  From any decision made by any deputy superintendent of public instruction affecting adversely the rights, powers, or duties of any teacher or school board as fixed by law, in any case in which no appeal is allowed to the state board of education, an appeal may be taken to the superintendent of public instruction.

      Sec. 349.  All Teachers and School Officers Must Be United States Citizens.  From and after the passage of this school code, the superintendent of public instruction, board of regents of the state university, county and district boards of education, and boards of school trustees are and each of them is hereby empowered and required to dismiss any teacher, instructor, principal, or superintendent, professor, or president employed in the educational department of this state who is not a citizen of the United States, or who has not declared his or her intentions to become a citizen.

      Sec. 350.  Educational Officers Not to Employ Noncitizens.  It shall be unlawful for the superintendent of public instruction, board of regents of the state university, county and district boards of education and boards of school trustees to engage or hire any president, superintendent, principal, teacher, instructor, or professor in any of the educational departments of this state who is not a citizen of the United States.

      Sec. 351.  Disbursing Officers Not to Pay Salaries.  It shall be unlawful for the state controller or county auditors to issue any warrants to any teacher, instructor, professor, superintendent, principal, or president of any school or in any of the education departments of this state who is not a citizen of the United States, or who has not complied with the provisions of section 349 of this school code.

      Sec. 352.  Penalty.  Any person who violates any of the provisions of the immediately preceding three sections of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred ($100) dollars nor more than five hundred ($500) dollars or to be imprisoned not exceeding six (6) months, or by both such fine and imprisonment.

Penalty of teacher for nonfulfillment of contract

Suspension or revocation

Appeal, how taken

School officers must be citizens

Noncitizens not to be employed

Disbursing officers not to pay salaries

Penalty

Transportation of administrators and teachers to conferences

Construction of act

Health inspection of school children; proviso; duties of teachers

Board of health to prescribe rules

When inspections shall be made

chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred ($100) dollars nor more than five hundred ($500) dollars or to be imprisoned not exceeding six (6) months, or by both such fine and imprisonment.

      Sec. 353.  Transportation of Administrators and Teachers to Conferences.  It shall be the duty of school boards whenever an educational conference is called by the state department of education for the state, county, or supervision district in which their respective school districts are located to pay the actual necessary transportation and living expenses, at not to exceed the statutory rate for state officers, of any school administrator, teacher, or teachers under their charge to and from, and while attending, such conference or conferences out of the school fund of their respective school districts, unless such administrator, teacher, or teachers may have been excused for cause from attending such institute by legally authorized authority.

      Sec. 354.  Construction of Act.  The provisions of section 353 are to be construed as supplementing any other legal provisions now in force in reference to educational conferences and as not in conflict with them.

      Sec. 355.  Health Inspection of School Children-Proviso-Duties of Teachers.  It shall be the duty of all teachers regularly employed in the public schools of this state to observe and inspect, separately and carefully, every child under their jurisdiction, for evidences and/or symptoms of visual, auditory, or physical defects, and in cases where such defects are believed to exist, to notify the parents of such children regarding the probability of the existence of such defects, with the recommendation that proper medical or dental attention be secured for such children; provided, however, that in any school district in which state, county, or district public health services are available or conveniently obtainable, such services shall be utilized to meet the responsibilities assigned to teachers under the provisions of this section, and when, for any reason, such services are not available, the board of trustees or the board of education may employ properly qualified personnel to perform the same.

      Sec. 356.  State Board of Health Prescribes Rules.  The state board of health shall prescribe rules for making such inspections and shall furnish to the state superintendent of public instruction for distribution to boards of education and boards of trustees of school districts rules and instructions, test cards, blanks, and other useful appliances for carrying out the provisions of the immediately preceding section.

      Sec. 357.  When Inspections Shall Be Made.  The inspections and notifications provided for in section 355, of this school code shall be made during the first school month of the school year for all children regularly enrolled in school at such time; and thereafter for all other children immediately upon their enrollment in school.

school year for all children regularly enrolled in school at such time; and thereafter for all other children immediately upon their enrollment in school.

      Sec. 358.  Duty of School Boards.  It shall be the duty of the boards of education and boards of trustees of the several school districts of the state to enforce the provisions of this chapter.

      Sec. 359.  Certain Children Exempt.  Any child shall be exempt from the examination herein provided upon written statement from his or her parents or guardian that they object to the same.

      Sec. 360.  Teachers Exempt from Jury Duty.  All teachers actually engaged in teaching in the public schools of this state and all superintendents and principals of schools actually engaged in the supervision of teaching in such schools as well as members of the faculty of the University of Nevada, shall be exempt from jury duty during the session of the public schools or university of this state in which they are employed; but nothing in this section or school code shall excuse or be so construed as to excuse any of them from jury duty during school vacation, except when they are taking training in their professional work or in finishing their school reports and other matters incident thereto within one (1) month of the day of the closing of the respective schools in which they are employed, or in preparation for the opening of such schools during the two (2) weeks immediately preceding the opening of such schools.

Chapter 39

teachers’ retirement salaries and employees’ pension

      Sec. 361.  Definition of Terms Used in School Code.

      (a) The term “act of 1915” or “1915 act” as used in this school code shall mean that certain act entitled “An act to provide for the payment of retirement salaries to public school teachers of this state, and all matters properly connected therewith,” approved March 23, 1915, together with all amendments and additions thereto (being section 6003-6021, inclusive, of Nevada Compiled Laws 1929, as amended by chapter 22, 1933 Statutes of Nevada, page 18, and chapter 33, 1935 Statutes of Nevada, pages 38 and 39).

      (b) The term “teacher” as used in this school code shall mean every person who has served or is serving: (1) As a legally qualified teacher in, or a principal or superintendent of, the public schools of the State of Nevada; (2) as an instructor in the Nevada state orphans’ home, teaching under a valid Nevada teacher’s certificate; (3) as an instructor in the Nevada school of industry, teaching under a valid Nevada teacher’s certificate; (4) as a legally qualified instructor in county normal schools of the State of Nevada; (5) as a legally qualified instructor serving as a local supervisor for industrial training in the vocational education department of this state; (6) as a legally qualified supervising executive or educational administrator of the public schools of this state; (7) as a state superintendent of public instruction of the State of Nevada, a deputy superintendent of public instruction of the State of Nevada, or a state vocational supervisor of the vocational education department of the State of Nevada; (8) as an employee of the public school teachers’ retirement salary fund board of the State of Nevada who holds a valid teaching certificate.

Duty of school boards

Certain children exempt

Teachers exempt from jury duty

Definition of terms used in school code

Definition of terms used in school code

qualified instructor serving as a local supervisor for industrial training in the vocational education department of this state; (6) as a legally qualified supervising executive or educational administrator of the public schools of this state; (7) as a state superintendent of public instruction of the State of Nevada, a deputy superintendent of public instruction of the State of Nevada, or a state vocational supervisor of the vocational education department of the State of Nevada; (8) as an employee of the public school teachers’ retirement salary fund board of the State of Nevada who holds a valid teaching certificate.

      (c) The term “public schools” as used in this school code shall mean all kindergartens, elementary schools, junior high schools, and district and county high schools supported by state, county, or district public funds.

      (d) The terms “school year,” “years of service,” and “year of teaching service” when used in this school code shall mean: Six (6) months of public school maintained in any statutory school year in any school district, county high school, county normal school, the Nevada state orphans’ home, the Nevada school of industry, an industrial training school in the vocational education department of this state, or an educational district of the State of Nevada; provided, that such number of months covers the entire period that such public school is maintained in said statutory school year; and provided further, that the school year shall be the entire time in school months or part thereof that such school is maintained in any statutory school year, inclusive of the minimum period of six (6) months.

      Any legally qualified teacher, principal, or superintendent employed in a public school for one (1) or more days of the statutory school year, but less than the full school year, shall be considered as having taught such fraction of the school year thereof, as the number of school days thus taught is to the entire number of school days that such school was maintained that year; provided, that the school was maintained six (6) or more months in such year; and provided further, that any teacher shall be allowed absence from school as provided for in section 325 of this school code without education of service credit because of such absence; and provided further, that no teacher, principal, or superintendent shall be allowed more than (1) school year of credit for teaching service during any statutory school year; and provided further, that in no case shall leaves of absence amounting to school years or half school years be counted as service.

      If any member of the retirement system shall have interrupted his or her teaching service in the public schools to become a person in the military service of the United States of America in time of war or national emergency, such service may be counted as teaching service toward the number of years required for retirement; provided, that twelve (12) months of service shall be counted as a year; and provided further, that the member contribute to the retirement system an amount for each year of such service equal to the contribution that would have been paid had the member continued to teach for the same salary as that received during the last year prior to such service.

become a person in the military service of the United States of America in time of war or national emergency, such service may be counted as teaching service toward the number of years required for retirement; provided, that twelve (12) months of service shall be counted as a year; and provided further, that the member contribute to the retirement system an amount for each year of such service equal to the contribution that would have been paid had the member continued to teach for the same salary as that received during the last year prior to such service.

      If a legally qualified teacher, principal, or superintendent shall, after having taught the full period that school is maintained in a given school in any statutory school year, engage in service in another school for an unexpired portion of the school year therein, the time thus taught shall not be considered as any part of an additional school year.

      In the case of a state superintendent of public instruction, deputy superintendent of public instruction, or state vocational supervisor of the department of vocational education of the State of Nevada, the terms “school year,” “year of service,” and “year of teaching service” shall mean twelve (12) months; provided, that any such teacher having served for less than any full twelve (12) months shall be considered as having served that fraction of a school year which the number of months thus served is of the entire twelve (12) months; and provided further, that no such teacher shall be allowed more than one (1) school year of credit for teaching service during any statutory school year or calendar year.

      The term “total service credit” as used in this school code shall mean the number of years of teaching service in Nevada plus the number of years of teaching service outside Nevada. Original members shall be allowed to count not more than fifteen (15) years of teaching service outside Nevada. New members shall be allowed to count one (1) year of service outside of Nevada for each two (2) years of service in Nevada but not more than ten (10) years of such service may be counted. For both original members and new members the last ten (10) years of teaching service shall have been in Nevada.

      (e) The terms “retirement salary” and “retirement salary benefits” as used in this school code shall mean the six hundred ($600) dollars annual compensation, or portion thereof, provided for retired teachers by section 12 of the 1915 act and by sections 371, 373, and 375 of this school code.

      (f) The word “retire” as used in this school code shall mean actually to withdraw from active teaching service and to cease to be active in the teaching profession as a teacher;

Definition of terms used in school code

Funds established in state treasury

Public school teachers permanent fund

Public school teachers retirement salary fund

and every form of the verb “retire” used in this school code shall be given its appropriate corresponding meaning under the above definition of the work “retire.”

      (g) The terms “actuarial equivalent” or “actuarial value” as used in this school code shall mean the present value of the future payments at any given time, as computed by the mortality and interest tables referred to in section 387 of this school code.

      Sec. 362.  Funds Established in State Treasury.  There are hereby established two (2) funds and four (4) accounts in the state treasury, said two (2) funds to be known, respectively, as the public school teachers permanent fund and the public school teachers retirement salary fund, and said four (4) accounts to be known, respectively, as the members annuity savings account, the state annuity savings account, the members annuity reserve account, and the state annuity reserve account.

      Sec. 363.  Public School Teachers Permanent Fund.  The public school teachers permanent fund shall be made up of all moneys received from the following sources, or derived in the following manner:

      (1) All moneys contained in that certain public school teachers permanent fund established and existing under the 1915 act, which moneys shall be transferred by the state controller and the state treasurer, upon written order of the superintendent of public instruction, to the public school teachers permanent fund created by section 362 of this chapter (the name, title, or designation “Public School Teachers Permanent Fund” when hereinafter used in this chapter shall mean the public school teachers permanent fund created by section 362 of this chapter and nothing else, unless otherwise specifically stated);

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

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

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

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

      Sec. 364.  Public School Teachers Retirement Salary Fund.  The public school teachers retirement salary fund shall be made up of such moneys as shall be transferred from time to time under authority of this school code from the public school teachers permanent fund, the members annuity reserve account, and the state annuity reserve account, and shall further be made up of all moneys contained in that certain public school teachers retirement salary fund established and existing under the 1915 act, which moneys shall be transferred by the state controller and the state treasurer, upon written order of the superintendent of public instruction, to the public school teachers retirement salary fund established by section 362 of this chapter (the name, title, or designation “Public School Teachers Retirement Salary Fund” when hereinafter used in this school code shall mean the public school teachers retirement salary fund created by section 362 of this chapter and nothing else, unless otherwise specifically stated).

further be made up of all moneys contained in that certain public school teachers retirement salary fund established and existing under the 1915 act, which moneys shall be transferred by the state controller and the state treasurer, upon written order of the superintendent of public instruction, to the public school teachers retirement salary fund established by section 362 of this chapter (the name, title, or designation “Public School Teachers Retirement Salary Fund” when hereinafter used in this school code shall mean the public school teachers retirement salary fund created by section 362 of this chapter and nothing else, unless otherwise specifically stated).

      Sec. 365.  Members Annuity Savings Account.  The members annuity savings account shall be made up of all moneys received from the following sources:

      (1) All contributions made by teachers which are not creditable to the public school teachers permanent fund as hereinafter provided;

      (2) The income and interest derived from the investment of moneys contained in said members annuity savings account.

      Sec. 366.  State Annuity Savings Account.  The state annuity savings account shall be made up of all moneys received from the following sources:

      (1) At the end of each fiscal year an amount to be known as the normal contribution from the state shall be transferred from the public school teachers permanent fund to the state annuity savings account. For the fiscal year commencing July 1, 1942, said normal contribution from the state shall be twenty (20%) percent of the amount contributed by members to the members annuity savings account during the same fiscal year. The normal contribution from the state shall be set each year thereafter by the actuary of the system as a percentage of the amount contributed each year by the members to the members annuity savings account;

      (2) The income and interest derived from the investment of moneys contained in said state annuity savings account.

      Sec. 367.  Members Annuity Reserve Account.  The members annuity reserve account shall be made up of all moneys received from the following sources:

      (1) Such moneys as shall be transferred from time to time under authority of this school code from the members annuity savings account;

      (2) The income and interest derived from the investment of moneys contained in said members annuity reserve account.

      Sec. 368.  State Annuity Reserve Account.  The state annuity reserve account shall be made up of such moneys as shall be transferable from time to time under the authority of this chapter from the state annuity savings account, and the income and interest derived from the investment of moneys contained in said state annuity reserved account.

Members annuity savings account

State annuity savings account

Members annuity reserve account

State annuity reserve account

Duties of controller and treasurer

Classes of contributors

Choice of plans given teachers

as shall be transferable from time to time under the authority of this chapter from the state annuity savings account, and the income and interest derived from the investment of moneys contained in said state annuity reserved account.

      Sec. 369.  Duties of Controller and Treasurer.  It shall be the duty of the state controller and of the state treasurer to make, when notified by the public school teachers retirement salary fund board, or by the state superintendent of public instruction, under authority of this school code, transfers of such amounts from the public school teachers permanent fund, the members annuity reserve account, and the state annuity reserve account to the public school teachers retirement salary fund as will be sufficient to meet the claims which may be legally drawn against said public school teachers retirement salary fund.

      Sec. 370.  Classes of Contributors.  For the purpose of this chapter, all contributors shall be divided into two (2) classes, to be known as: (a) original members and (b) new members. Original members are those who have made contributions to the public school teachers permanent fund created and existing under the 1915 act, or who are drawing retirement salaries under the provisions of the 1915 act, or who elect to accept the provisions of this chapter as provided for by section 395 hereof. New members are (1) Those who cannot qualify as original members as defined above, and (2) those original members who indicate in writing to the public school teachers retirement salary fund board before October 1, 1937, their desire to relinquish their status as original members and to be classified as new members, and who indicate in writing to the public school teachers retirement salary fund board before October 1, 1937, their forfeiture of all past contributions to the public school teachers permanent fund created and existing under the 1915 act.

      Sec. 371.  Teachers to Have Choice of Two (2) Plans for Payments and Benefits.  Every teacher classified as an original member and subject to the burdens of this chapter shall have the choice of one (1) of the following two (2) plans hereafter designated as plan No. 1 and plan No. 2 for payments and benefits:

      Plan No. 1.  Each such original member shall be credited with the total amount of all payments he or she has made to the public school teachers permanent fund which existed before the effective date of this school code. Commencing July 1, 1937, twelve ($12) dollars shall be deducted each fiscal year from the salary of the original member until all such deductions, together with the credits allowed above by this plan, shall total three hundred sixty ($360) dollars. (In the event an original member shall retire under the provisions of this school code before the said three hundred sixty ($360) dollars shall have been paid as required in this plan, the sum of twenty ($20) dollars per month shall be withheld from such teachers retirement salary until the amount so withheld shall equal the difference between the said sum of three hundred sixty ($360) dollars and the amount theretofore paid by such original member into the public school teachers permanent fund created and existing under the 1915 act, or into the public school teachers permanent fund created by this school code, or into both, or said original member may elect to pay, at the time of making application for a retirement salary, into the public school teachers permanent fund created by this school code the difference between the sum of three hundred sixty ($360) dollars and the total sum actually contributed to the public school teachers permanent fund as established either by this school code or the act of 1915, hereinabove referred to.)

sixty ($360) dollars shall have been paid as required in this plan, the sum of twenty ($20) dollars per month shall be withheld from such teachers retirement salary until the amount so withheld shall equal the difference between the said sum of three hundred sixty ($360) dollars and the amount theretofore paid by such original member into the public school teachers permanent fund created and existing under the 1915 act, or into the public school teachers permanent fund created by this school code, or into both, or said original member may elect to pay, at the time of making application for a retirement salary, into the public school teachers permanent fund created by this school code the difference between the sum of three hundred sixty ($360) dollars and the total sum actually contributed to the public school teachers permanent fund as established either by this school code or the act of 1915, hereinabove referred to.) In addition to the foregoing deductions, there shall be deducted from the salary of the original member twenty-four ($24) dollars for each year of service after July 1, 1937. Every official whose duty it is to pay said teachers’ salaries shall make said deductions at such times of payment as shall be directed by the public school teachers retirement salary fund board. Upon retirement, under the provisions of this school code, an original member choosing plan No. 1 and fulfilling all the requirements of this school code shall receive a retirement salary of six hundred ($600) dollars annually for life except as provided for in section 375 of this chapter. All credits and deductions provided for in this plan shall be paid into the public school teachers permanent fund.

      Plan No. 2.  Each such original member shall have credited to his individual account in the public school teachers permanent fund the total amount of all payments he or she has made to the public school teachers permanent fund which existed before the effective date of this school code. Commencing July 1, 1937, there shall be deducted each fiscal year five (5%) percent of the salary of the original member. From the amounts thus deducted twelve ($12) dollars shall be credited each fiscal year to the original member’s individual account in the public school teachers permanent fund until all such deductions, together with the credits allowed above by this plan, shall total three hundred sixty ($360) dollars. (In the event an original member shall retire under the provisions of this school code before the said three hundred sixty ($360) dollars shall have been paid as required in this plan, the sum of twenty ($20) dollars per month shall be withheld from such teacher’s retirement salary until the amount so withheld shall equal the difference between said sum of three hundred sixty ($360) dollars and the amount theretofore paid by such original member into the public school teachers permanent fund created and existing under the 1915 act, or into the public school teachers permanent fund created by this school code, or into both, or said original member may elect to pay, at the time of making application for a retirement salary, into the public school teachers permanent fund created by this school code the difference between the sum of three hundred sixty ($360) dollars and the total sum actually contributed to the public school teachers permanent fund as established either by this school code or by the act of 1915 hereinabove referred to.)

Choice of plans given teachers

Choice of plans given teachers

New members to pay five percent of salary

Retirement requirements

the public school teachers permanent fund created and existing under the 1915 act, or into the public school teachers permanent fund created by this school code, or into both, or said original member may elect to pay, at the time of making application for a retirement salary, into the public school teachers permanent fund created by this school code the difference between the sum of three hundred sixty ($360) dollars and the total sum actually contributed to the public school teachers permanent fund as established either by this school code or by the act of 1915 hereinabove referred to.) In addition to the above-mentioned twelve ($12) dollars annual credits to the public school teachers permanent fund, there shall be taken for each year of service after July 1, 1937, from said five (5%) percent annual deductions, twenty four ($24) dollars, which shall be paid into the public school teachers permanent fund. After the annual payments to the public school teachers permanent fund above provided for have been made from such five (5%) percent salary deductions, the balance of each such five (5%) percent deduction shall be paid into the members annuity savings account and credited to the account of the original member. Every official whose duty it is to pay said teachers’ salaries shall make said deductions at such times of payment as shall be directed by the public school teachers retirement salary fund board. Upon retirement under the provisions of this school code, an original member choosing plan No. 2 and fulfilling all the requirements of this school code shall receive a retirement salary of six hundred ($600) dollars annually for life, except as provided for in section 375 of this chapter, and a member’s annuity, as provided for in section 376, matched by a state annuity provided for in section 378 hereof.

      Sec. 372.  New Members to Pay Five (5%) Percent of Salary.  There shall be deducted each fiscal year, commencing July 1, 1937, from the salary of every teacher classified as a new member, five (5%) percent of his or her salary for such year, and every official whose duty it is to pay said teachers’ salaries shall make said deductions at such times of payment as shall be directed by the public school teachers retirement salary fund board; the amounts thus deducted shall be deposited in the state treasury to the credit of the members annuity savings account, and shall be credited to the separate account of each individual teacher from whose salary such deductions were made.

      Sec. 373.  Retirement Requirements.  Every teacher who in and after the fiscal year in which age sixty (60) is attained has complied with all other requirements of this school code and has at least thirty (30) years of total service credit shall be entitled to retire and receive a retirement salary or the annuities provided for in this school code.

annuities provided for in this school code. An original member upon retirement and upon fulfillment of all the requirements of this school code shall be entitled to receive during life a retirement salary under plan No. 1 of section 371 hereof, or a retirement salary and a member’s annuity matched by a state annuity as provided under plan No. 2 of section 371 hereof. A new member upon retirement and upon fulfillment of all the requirements of this chapter shall be entitled to receive during life a member’s annuity as provided in section 376 and a state annuity as provided in section 378 hereof. In the case of any teacher coming within the provisions of section 375 of this chapter, the minimum age requirement of sixty (60) years for retirement under the provisions of this chapter shall not apply. The foregoing minimum retirement age of sixty (60) shall not be a requirement for retirement in the case of original members who have completed, on or before July 1, 1937, at least twenty (20) school years of the thirty (30) years of total service credit required under section 373 hereof; and said teachers, upon making written request to the public school teachers retirement salary fund board, and after fulfillment of all other requirements as stated in this chapter, may be retired and receive the retirement benefits provided by this school code. Nothing in this section shall prevent a teacher from receiving retirement salary after the age of sixty (60) who has withdrawn from active service after thirty (30) years of teaching service, but before reaching the age of sixty (60), and who has met all other necessary requirements of this chapter for obtaining retirement benefits.

      Sec. 374.  Present Pensioners Not Affected, Proviso.  All teachers who are receiving at the time this school code becomes effective retirement salary benefits pursuant to the 1915 act, shall continue to receive the same retirement salary benefits prescribed by said school code, said benefits to be paid from the public school teachers retirement salary fund established by this school code; provided, however, that all teachers who are receiving on the date this school code becomes effective retirement salary benefits because of physical or mental infirmity or disability shall continue so long as such infirmity or disability continues, or so long as they do not resume teaching, to receive the retirement salary benefits, in the same amount which they are now receiving and payable from the public school teachers retirement salary fund, without complying with any of the provisions of this school code and without the forfeiture of the right to receive their said retirement salary, notwithstanding the repeal of the act of 1915.

      Sec. 375.  Powers of Boards as Regards Retirement for Disability.  

Retirement requirements

Present pensioners not affected, proviso

Powers of boards as regards retirement for disability

Certain accumulations to be transferred

Disability.  The public school teachers retirement salary fund board is hereby given power to allow the retirement from teaching of any teacher wo has reached the age of or is over the age of fifty-five (55) years and who has thirty (30) years or more of total service credit, when, by reason of physical or mental infirmity or disability, such teacher is physically or mentally incapacitated for further teaching service. The public school teachers retirement salary fund board is hereby given sole power to determine the capacity or incapacity for further teaching service of the teacher in each individual case.

      (1) When the teacher so retired because of incapacity for teaching service is an original member who had adopted plan No. 1 of section 371 of this chapter, he or she shall receive an annuity or annual retirement salary having the same actuarial value at the date of retirement of the incapacitated teacher as the actuarial value of the retirement salary of an original member who adopts said plan No. 1 and retires at the age of sixty (60).

      (2) When the teacher so retired because of incapacity for teaching service is an original member who has adopted plan No. 2 of said section 371, he or she shall receive the same annuity or annual retirement salary as that provided for the original member who adopts plan No. 1 in the subparagraph last above, and such teacher shall further receive his or her member’s annuity and state annuity as provided in sections 376 and 378, respectively.

      (3) When the teacher so retired because of incapacity for teaching service is a new member, such teacher shall receive his or her member’s annuity and state annuity as provided in sections 376 and 378, respectively.

      Sec. 376.  Certain Accumulations To Be Transferred.  Upon retirement of any teacher accepting the provisions of this chapter, and after full compliance with the provisions of the chapter, the accumulations in the members annuity savings account of the five (5%) percent salary deductions in the case of a new member, or the balances thereof in the case of an original member adopting plan No. 2 of section 371, together with the interest additions (hereinafter referred to as the total accumulations), shall be transferred to the members annuity reserve account. Such total accumulations shall be applied to provide an annuity (hereinafter referred to as members annuity) to be payable during the remainder of the lifetime of the retired member. The amount of such member’s annuity shall be determined on the basis of the table of mortality and the rate of interest adopted for such purpose by the public school teachers retirement salary fund board.

      Sec. 377.  Retiring Party to Have Preference of Settlement.  Upon retirement, in lieu of the member’s annuity on the single-life basis provided for in section 376, the member (original or new) may elect to receive the actuarial equivalent, at that time, of the member’s annuity in the form of a lesser member’s annuity with the further benefits provided under one (1) of the following options:

      Option 1.  If the retired member should die before receiving total annuity payments equivalent to the actuarial value, at the time of retirement, of the full member’s annuity, the excess of such actuarial value over the total annuity payments received shall be paid to a living beneficiary previously designated in writing by the member, filed with and approved by the retirement board; or, in the event that no named beneficiary is surviving at the date of the death of the retired member, then to the legal representative of the member; or,

      Option 2.  In the event of the death of the member, the member’s annuity shall be continued throughout the life of and paid to such person having an insurable interest in the life of the member, as shall have been designated in writing by the member, filed with and approved by the retirement board, prior to the time of the retirement of the member; or,

      Option 3.  In the event of the death of the member one-half (1/2) of the member’s annuity shall be continued throughout the life of and paid to such person having an insurable interest in the life of the member, as shall have been designated in writing by the member, filed with and approved by the retirement board, prior to the time of the retirement of the member; or,

      Option 4.  Some other benefit or benefits shall be paid to either the member or such other person or persons as shall have been designated in writing by the member and filed with and approved by the retirement board at the time of the retirement of the member, provided such other benefit or benefits, together with such lesser member’s annuity, shall be certified by the actuary of the retirement board to be of equivalent actuarial value and shall be approved by the retirement board.

      Sec. 378.  Additional Annuity Compensation.  Upon retirement, after full compliance with the provisions of this chapter, of a new member or an original member adopting plan No. 2 of section 371, in addition to the member’s annuity provided for in section 376, there shall be transferred from the state annuity savings account to the state annuity reserve account an amount equal to the member’s total accumulations in the members annuity savings account which shall be used to provide for the retired member an annuity (hereinafter referred to as “state annuity”) to be paid out of the state annuity reserve account.

Retiring party to have preference of settlement

Additional annuity compensation

Beneficiary of deceased member to receive benefits

Benefits in case of withdrawal prior to completion of thirty years’ service

referred to as “state annuity”) to be paid out of the state annuity reserve account. Each such state annuity shall be equal to the member’s annuity; provided, however, that the state annuity paid in any year shall never exceed twenty-five (25%) percent of the average yearly salary of the member over the ten (10) years of service during which the member’s salary aggregates the greatest total. In the event that the member has elected an option, amounts equivalent to the further benefits paid in connection with the lesser annuities shall be paid also out of the state annuity reserve account.

      Sec. 379.  Beneficiary of Deceased Member to Receive Benefits.  In the event that an original member who adopts plan No. 1 of section 371 hereof dies before the date when his or her retirement salary would have become effective, there shall be paid to the living beneficiary previously designated in writing by the member, which designation shall be filed with and approved by the public school teacher retirement salary fund board-or, in the event that no named beneficiary is surviving at the date of the death of the member, then to the estate of the member-an amount equivalent to the additional contributions (as provided in section 371) paid to the public school teachers permanent fund at the rate of twenty-four ($24) dollars for each year of service after July 1, 1937. In the event of the death of a new member, or an original member adopting plan No. 2 of section 371 hereof before the date when his or her annuity or retirement salary, or both, has become effective, there shall be paid to a living beneficiary previously designated in writing by the member, which designation shall be filed with and approved by the public school teachers retirement salary fund board or, in the event that no named beneficiary is surviving at the date of the death of the member, then to the estate of the member-an amount equivalent to the total accumulations of the member in the members annuity savings account, together with, in the case of an original member adopting plan No. 2 of section 388, an amount equivalent to the additional contributions (as provided in section 371) paid at the rate of twenty-four ($24) dollars for each year of service after July 1, 1937, to the public school teachers permanent fund.

      Sec. 380.  Benefits in Case of Withdrawal Prior to Completion of Thirty Years’ Service.  (1) In the event of the withdrawal prior to the completion of thirty (30) years of service of an original member adopting plan No. 1 of section 371, such member shall be entitled to receive upon demand:

      (a) The refund of all regular contributions paid to the public school teachers permanent fund in excess of a sum equal to five (5) years’ payments at the rate of twelve ($12) dollars for each year of service; and

      (b) The refund of an amount equivalent to the additional contributions paid to the public school teachers permanent fund at the rate of twenty-four ($24) dollars for each year of service after July 1, 1937.

      (2) In the event of the withdrawal prior to the completion of thirty (30) years of service of a new member or original member adopting plan No. 2 of section 371, the total accumulations of the member in the members annuity savings account may remain in such account to be increased thereafter by interest additions, all such accumulations to be applied at a later date to be fixed by the member towards providing a member’s annuity in accordance with the provisions of section 376 hereof, but without any claim whatever for benefits payable out of the state annuity reserve account. Such member shall be entitled to withdraw, upon demand, and amount equivalent to the total accumulations of the member in the members annuity savings account, together with, in the case of an original member adopting plan No. 2 of section 371 hereof:

      (a) The refund of all regular contributions paid to the public school teachers permanent fund in excess of a sum equal to five (5) years’ payments at the rate of twelve ($12) dollars for each year of service; and

      (b) The refund of an amount equivalent to the additional contributions paid to the public school teachers permanent fund at the rate of twenty-four ($24) dollars for each year of service after July 1, 1937.

      Sec. 381.  Invested Earnings To Be Credited to Respective Funds.  The earnings on invested funds (hereinafter referred to as the interest additions) shall be credited each fiscal year to the respective funds and accounts hereinbefore named at rates to be determined periodically by the public school teachers retirement salary fund board. The board shall not be required to invest separately the balances in each fund or account, but may pool the investments and allocate the earnings on such investments.

      Sec. 382.  Personnel of Board.  The state board of education shall constitute the public school teachers retirement salary fund board. The president and secretary of the state board of education shall be the president and secretary, respectively, of said public school teachers retirement salary fund board.

      Sec. 383.  Powers of Board.  The public school teachers retirement salary fund board, subject to the provisions of this school code, shall have power, and it shall be its duty:

      (1) To approve and allow retirement salaries, members’ annuities and state annuities of public school teachers entitled to the same under the provisions of this school code;

Benefits in case of withdrawal prior to completion of thiry years’ service

Invested earnings to be credited to respective funds

Personnel of board

Powers of board

Powers of board

      (2) Through its president or other officer designated by it for that purpose, to audit all claims and demands for money expended or authorized to be expended by it, and certify all claims and demands against the public school teachers permanent fund, and public school teachers retirement salary fund, the members annuity savings account, the members annuity reserve account, and the state annuity reserve account, including all retirement salary, members annuity, state annuity, death benefit or withdrawal benefit demands, to the state controller, who shall draw his warrant therefor upon the state treasurer, and the state treasurer shall pay the same out of the designated fund or funds; provided, that withdrawal and death benefits shall be paid upon demand and certification by the secretary as correct; and provided further, that no other demand shall be allowed except after resolution duly passed at a meeting of the board by a majority of its members, which adoptions shall be attested by the secretary;

      (3) To require the boards of education, school trustees, and other public authorities, and all officers having duties to perform in respect to the contributions by teachers to said public school teachers permanent fund and the members annuity savings account to report to the public school teachers retirement salary fund board from to time as to such matters pertaining to the payment of such contributions as it may deem advisable;

      (4) To invest the moneys in the several funds and accounts established in section 362 of this chapter in securities and collect the income therefrom and interest and dividends thereon, to deposit such securities with the state treasurer and to make sale of such securities when, it its judgment, such sale will be advisable; provided, that none of the moneys in the several funds and accounts established by section 362 of this chapter shall be invested in any securities except such securities as those in which the funds of savings banks may legally be invested. The state controller is authorized to draw his warrant upon, and the state treasurer to pay the same from, the several funds and accounts established by section 362 of this school code in payment of duly audited claims arising out of the investment of the moneys in said fund;

      (5) To prescribe the duties of the secretary and other officers of the board;

      (6) To conduct investigations into all matters relating to the operation of this school code, and to subpena witnesses and compel their attendance to testify before it in respect to such matters;

      (7) To have done at the state printing office any printing required in the performance of its duties, at cost;

      (8) To employ such clerical help, including an actuary or actuaries, stenographer, or clerk, as may be deemed necessary by said board; and to expend out of the public school teachers retirement salary fund after the proper and necessary transfers have been made to meet such expenditures from the public school teachers permanent fund, such sums as have been duly authorized and approved by the board; (a) for the purchase of necessary supplies, (b) for wages and other compensations for personal services rendered by those in the employ of the board, and (c) for other necessary administrative expenses, the salaries and expenses enumerated herein being hereby specifically made a charge upon the public school teachers retirement salary fund; and the state controller being hereby authorized and directed to draw his warrant, and the state treasurer to pay the same, in an amount to be ordered by the public school teachers retirement salary fund board;

      (9) To instruct every official whose duty it is to pay the salary of any teacher who has accepted the provisions of this school code to make such deductions as are provided for herein, and the amount of such deductions and the time of making the deductions shall each be fixed by the said public school teachers retirements salary fund board;

      (10) To adopt such mortality and interest tables as may be necessary for the proper execution of this school code and to revise such tables at any time deemed proper and necessary by said board or majority thereof.

      The public school teachers retirement salary fund board, in addition to the foregoing powers, may, in its discretion, exempt from membership in the retirement system any class of teachers; provided, that any teacher so exempted may become a member of the retirement system upon application; and provided further, that service during the time that a teacher is not a member of the retirement system by reason of exemption from membership by the retirement board cannot be counted as part of the required years of service for retirement.

      Sec. 384.  Meetings of Board.  Said public school teachers retirement salary fund board shall meet at least once every three (3) months and at each quarterly meeting shall make a list or lists of all persons entitled to payment out of the funds or accounts established by this school code, and enter said list or lists in a book to be kept by the board for that purpose. Such list or lists be certified as correct by the president and secretary of the board, and shall always be open to public inspection. In the performance of the duties of the board each member and the secretary thereof may administer oaths and affirmations to witnesses and others transacting business with the board.

Powers of board

Meetings of board

Board to make rules and regulations

Additional powers of board

Duties of actuary of board

      Sec. 385.  Board to Make Rules and Regulations.  Said public school teachers retirement salary fund board shall make rules and regulations not inconsistent with the provisions of this school code. Such rules and regulations shall, among other things:

      (1) Provide for the conduct and regulation of the meetings of the board and operation of the business thereof;

      (2) Provide for the enforcement and carrying into effect of the provisions of this school code;

      (3) Establish a system of accounts showing the condition of the public school teachers permanent fund, the public school teachers retirement salary fund, the members annuity savings account, the members annuity reserve account, and the state annuity reserve account, and receipts and disbursements for and on account of said funds and accounts;

      (4) Prescribe the form of warrants, vouchers, receipts, reports, and accounts to be used in respect to said funds and accounts;

      (5) Regulate the duties of boards of education, school trustees, and other school authorities, imposed upon them by this school code, in respect to the contributions by teachers to the public school teachers permanent fund and the members annuity savings account, and the deduction of such contributions from the teachers’ salaries.

      Sec. 386.  Additional Powers of Board.  In addition to the powers hereinabove enumerated said board shall make and enforce all necessary and proper rules and regulations for the method or methods of applying for and obtaining retirement salaries, annuities, and other benefits provided for in this school code, and for the method or methods of determining the right of each applicant to such retirement salary, annuity or other benefit; provided, however, that in all cases legal proof of all necessary facts shall be required and kept on file.

      Sec. 387.  Duties of Actuary of Board.  The actuary of the public school teachers retirement salary fund board shall:

      (1) On or before June 30 of each year after the effective date of this school code make a valuation to determine the actuarial reserves required in the several funds and accounts;

      (2) At the close of each quadrennial period after the effective date of this school code make an actuarial and statistical investigation into the mortality and service experience of the retirement system. The findings of such investigations shall be the basis of recommendations to the board for the adoption of such mortality and other tables as shall be deemed necessary to be used as the basis for the calculations to be made from time to time under the provisions of the retirement system, together with the rate at which interest additions shall be credited;

      (3) At the time this school code becomes effective, or as soon thereafter as practicable, recommend to the board the adoption of the mortality and other necessary tables to be used in carrying out the provisions of the retirement salary fund system. All tables herein referred to shall be subject to change from time to time as may be deemed necessary from the annual valuations and quadrennial investigations.

      Sec. 388.  Report of Actuary To Be Basis of Future Appropriations To Be Requested.  The results of the actuarial and statistical valuations and investigations referred to in section 387 hereof shall be used by the board as a basis for determining the amounts of appropriations to be asked for the board from the state, from time to time, in order to meet: (1) administrative expenses, (2) the state’s share of the cost of the retirement salaries to be provided under this school code, and (3) the state annuities to be provided under this school code; provided, however, that from and after the approval of this school code the contributions from the state shall consist of two (2) parts to be known, respectively, as the normal contribution and the accrued liability contribution, which contributions shall be made annually as follows:

      (1) For the years commencing January 1, 1943, and January 1, 1944, respectively, the normal contribution from the state shall consist of the proceeds of an ad valorem tax of fifteen (15) mills on the hundred dollars of all taxable property in the state, and thereafter the proceeds of an ad valorem tax which shall be calculated each biennium to yield an amount equal to two and one-quarter (2 1/4%) percent of the compensation earned for teaching services by all members of the retirement system during the fiscal year last preceding each biennium, which tax shall be collected at the same time and in the same manner as other state taxes are collected, and which shall continue to be so collected until changed by the legislature; provided, that the normal contribution shall not be less than the proceeds of an ad valorem tax of fifteen (15) mills on the hundred dollars of all taxable property in the state until such time as the accrued liability contribution shall be discontinued as hereinafter provided;

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

Report of actuary to be basis of future appropriations to be requested

Report of actuary to be basis of future appropriations to be requested

Act binding

How teachers who rejected act may reenroll

the same time and in the same manner as other state taxes are collected and which shall continue to be so collected until changed by the legislature; provided, however, that whenever the accumulated reserve in the public school teachers permanent fund shall equal the present value, as actuarially computed and approved by the board, of the total liability of such fund less the present value of the prospective contributions from teachers who are then contributing to said fund as provided herein, the accrued liability contribution from the state shall be discontinued.

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

      Sec. 389.  Act Binding on All Teachers Agreeing to Its Provisions.  This act shall be binding upon all such teachers employed in the public schools of this state at the time of the approval of this act, who shall, on or before October 1, 1937, sign and deliver to the public school teachers retirement salary fund board a notification that said teachers agree to be bound by and to avail themselves of the benefits of this act. The public school teachers retirement salary fund board is hereby authorized and empowered to extend the time limit within which such notification may be made to a date not later than October 1, 1938.

      Sec. 390.  How Teachers Who Rejected Act May Reenroll.  Any teacher who has rejected the provisions of the 1937 act shall, upon application to the public school teachers retirement salary fund board, be entitled to accept and come within the provisions of the classification of “original member”; provided, that such application be filed with the public school teachers retirement salary fund board not later than January 1, 1946; and provided further, that the years of teaching service during which any teacher was not a member will not be counted as years of teaching service for retirement credit unless the teacher pay all contributions that would have been paid under the plan elected by such teacher, had such teacher elected the same plan prior to October 1, 1938, plus interest at the rate of four (4%) percent per annum on each yearly payment.

      Any original member employed as a teacher during the 1944-1945 school year shall be allowed to change his or her elected plan for payments and benefits, providing notification of such change is filed with the public school teachers retirement salary fund board not later than January 1, 1946.

      Sec. 391.  May Change Elected Plan.  Any original member not employed as a teacher during the 1944-1945 school year shall be allowed to change his or her elected plan for payments and benefits during the first year of employment as a teacher subsequent to July 1, 1945.

      If any original member change from plan No. 1 to plan No. 2 pursuant to either of the two (2) preceding paragraphs, such member may contribute an amount equal to the difference between thirty-six ($36) dollars and five (5%) percent of the salary earned for each year during which the member contributed thirty-six ($36) dollars.

      Sec. 392.  New Teachers To Be Bound by Act.  This act shall be binding upon all teachers elected or appointed to teach in the public schools of this state after the effective date of this act, who, not being in the service of the public schools at the time of the approval of said act, were not competent to sign or deliver the notification specified hereinabove.

      Sec. 393.  Benefits to Cease, When.  If any teacher retired under the provisions of this act after July 1, 1937, and receiving any benefit other than a member’s annuity, shall thereafter be employed as a teacher in any school or college in this state or in the University of Nevada, or shall thereafter be employed in any school, college, or university in any other state, such teacher’s retirement salary or annuity or other benefit payments shall cease for the period of such employment.

      Sec. 394.  Not More Than One (1) Retirement Salary to Be Drawn from State.  No one shall be permitted to draw from the state, directly or indirectly, more than one (1) retirement salary, except as to the annuities provided for herein. Nothing in this chapter shall be construed, however, as to prevent local communities or bodies of teachers from supplementing the retirement salary received from the state.

      Sec. 395.  Rights of Prior Act Granted to Teachers.  Any teacher who, under the provisions of the 1915 act, which was specifically repealed by section 34 of chapter 209, 1937 Statutes of Nevada was entitled to accept or reject the burdens and benefits of said repealed act and elected to reject the same shall, upon application to the public school teachers retirement salary fund board, be entitled to accept and come within the provisions of the present act under the classification of “original member”; provided, that such application be made on or before October 1, 1937. The public school teachers retirement salary fund board is hereby authorized and empowered to extend the time limit within which such application may be made to a date not later than October 1, 1938.

May change elected plan

New teachers to be bound by act

Benefits to cease, when

Not more than one retirement salary to be drawn from state

Rights of prior act granted to teachers

Unconstitutionality

County boards of education may provide pensions

State textbook commission

      Sec. 396.  Unconstitutionality.  If any section, subdivision, sentence, phrase, or clause of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the act. The legislature hereby declares that it would have passed the remaining portions of this act irrespective of the fact that any such section, subsection, clause, sentence, or phrase of this act be declared unconstitutional.

      Sec. 397.  County Boards of Education May Provide Pensions.  The county board of education in any county where there is a “county high school fund” may provide a pension for any employees who have reached the age of sixty-five (65) years, and have been in continuous service of the county board of education for a period of thirty (30) years, in the amount of not to exceed seventy-five ($75) dollars per month, and the said county board of education is authorized to budget the amount of any such pensions, and the board of county commissioners shall levy an amount sufficient to pay such pension; provided, that this section shall not apply to any school teacher or other employee entitled to secure benefits from the “teachers retirement fund”; and provided further, that the employee to be pensioned is not entitled to receive any present or future benefits under any title of the federal social security act now in effect or as amended in the future; and provided further, the county board of education is authorized to reduce the pension authorized under this section by any amount so received under any such legislation.

MISCELLANEOUS

Chapter 40

school textbooks

      Sec. 398.  State Textbook Commission.  There shall be a state textbook commission to consist of the members of the state board of education and five (5) additional persons appointed by the Governor, one (1) from each of the educational supervision districts of the state. On or before the 15th day of January, 1951, and every four years thereafter, the governor shall appoint five (5) members of the said state textbook commission who will hold office for four years from and after the first day of February succeeding their appointment, and who, with the members of the state board of education, shall constitute the state textbook commission. The appointed members of the state textbook commission shall be persons actively engaged in school work and before entering upon the duties of their office, they shall take the constitutional oath and file the same in the office of the secretary of the state. If any vacancy occurs during the term of any appointed member by death, resignation, or removal, the governor shall fill such vacancy by the appointment of some person eligible as provided above.

removal, the governor shall fill such vacancy by the appointment of some person eligible as provided above.

      This section is intended to continue the state textbook commission as the same is constituted at the time of passage and approval of this school code, with the addition of one (1) new appointed member, and within sixty (60) days after the passage and approval of this school code, the governor shall appoint the fifth (5th) member of the state textbook commission provided for herein and said member shall hold office for same period as the members previously appointed by the governor.

      Sec. 399.  Officers Of-Meetings Public.  The governor shall be ex officio president and the superintendent of public instruction ex officio secretary of said textbook commission. The commission shall adopt rules of procedure in harmony with the provisions of this chapter. Four (4) members of the commission shall constitute a quorum for the transaction of business, but no action shall be taken by the commission unless a majority of the entire commission shall vote in favor thereof. All meetings of the commission shall be public, and the secretary shall keep a full and correct record of all proceedings, which record shall be open to the inspection of the public. Vote on the adoption of all textbooks shall be by roll call, and the secretary shall record the name and vote of each member.

      Sec. 400.  Meetings of State Textbook Commission.  The state textbook commission shall hold its meetings to adopt textbooks in the office of the superintendent of public instruction in Carson City not later than the third Tuesday in March 1948, and not later than the third Tuesday in March every two (2) years thereafter, unless an earlier date be asked for by a majority of the commission. The secretary, at the request or with the consent of any three (3) members of the commission, may call special meetings of the state textbook commission whenever there may be business to transact of such importance as to justify the call, stating definitely the purpose of the meeting. At the meeting held not later than the third Tuesday in March 1948, and every two (2) years thereafter not later than the third Tuesday in March, the state textbook commission may adopt a uniform series of textbooks for exclusive use as textbooks in all the elementary public schools of the state. If a contract for any textbook adopted at any regular meeting of the state textbook commission shall expire, either through the failure of the publishers of said book to fulfill the conditions of the contract, or for any other reason, the state textbook commission may adopt another book to take the place of the one on which the contract has lapsed, after notifying the textbook publishers as hereinafter provided for in cases of regular adoption.

Officers of, meetings public

Meetings of state textbook commission

Notice to publishers of textbooks; bids for supplying books

adoption. When regular adoptions are being made the commission may adjourn from day to day; provided, that the session shall not continue beyond fifteen (15) actual days.

      Sec. 401.  Notice to Publishers of Textbooks-Bids for Supplying Books.  Not later than the tenth (10th) day of November, 1947, and every two (2) years thereafter, if the commission shall deem it advisable to make changes in the lists of prescribed textbooks, the secretary of the commission shall notify all publishers of textbooks who shall have placed their names and post-office addresses on file with the said superintendent of public instruction, to be kept on file in the office of the said superintendent of public instruction, that the said textbook commission, as provided in this school code, will meet and will receive sealed proposals up to twelve (12) o’clock noon of the first day set for the meeting of the state textbook commission, as herein provided, for supplying the State of Nevada with a series of textbooks for use in all the public elementary schools of the state, for a period of four (4) years from and after the first day of September next following the said meeting, in the following branches, viz: Reading, grammar, arithmetic, geography, history of the United States, physiology and hygiene, writing, spelling, drawing, music, and other subjects approved by the state board of education, or such portion thereof as may be designated by the state board of education, and will also approve other books for supplemental use as permitted in this chapter. Said sealed proposals shall be made in accordance with a form to be prescribed by the commission and shall be addressed to the superintendent of public instruction, Carson City, Nevada, and shall be endorsed “Sealed proposals for supplying textbooks for use in the State of Nevada.” Said proposals shall include a statement of the introductory price, the exchange price for new books in the hands of the dealers, the exchange price for second-hand books, and the retail price at which publishers will agree to furnish each textbook to the school children of Nevada at one (1) or more places in the state designated by the commission as state textbook depositories. Whenever any contract shall be terminated by reason of the failure of any contracting publisher to observe the terms of the contract, or when any contract shall cease to be in force and effect, the textbook commission shall notify publishers to this effect, in a manner hereinbefore prescribed, that adoptions will be made to fill out the unexpired term of such contract, and that sealed bids shall be filed with the superintendent of public instruction on or before a date to be determined by commission, to be specified in the notification to publishers.

      Sec. 402.  Geographies to Contain Special Matter for Nevada.  

Nevada.  The publishers, contracting and agreeing to furnish books for use in the State of Nevada under the provisions of this chapter, shall cause to be prepared a special map and a special supplement descriptive of Nevada for the geography adopted by said commission. The map and special descriptive geography of Nevada shall be revised every four (4) years by the publishers. They shall further agree to maintain the mechanical excellence of the books adopted by said commission, fully equal to the samples submitted, in binding, printing, quality of paper, and other essential features, and the books shall be of the latest revised edition.

      Sec. 403.  Commission to Adopt Textbooks.  It shall be the duty of said textbook commission to meet at the time and place mentioned in said notice and to open all sealed proposals in public, in the presence of a quorum of said commission, to select and adopt such textbooks for use in the public schools, and to approve such supplemental books as in the opinion of the commission will best serve the educational interests of the state; provided, however, that the textbook commission may, at its discretion, reject any and all proposals, if it be deemed by it to be to the interest of the state so to do, and call for new proposals, stating the time when such new proposals shall be opened, which time shall not be later than thirty (30) days from the rejection of the previous proposals.

      Sec. 404.  Commission’s Choice of Books To Be Used in Schools.  The series of textbooks so selected and approved by said textbook commission shall be certified to by the president and secretary, and said certificate, with a copy of the books named therein, shall be placed on file in the office of the superintendent of public instruction. Such certificate must contain a complete list of all books adopted and approved by said commission, giving introductory exchange, and retail prices for which each textbook will be furnished, and the names of the publishers agreeing to furnish the same. The said books named in said certificate shall, for a period of four (4) years from and after the first day of September next following the date of such adoption, be used in all the public schools of the state to the exclusion of all others; provided, however, that nothing in any part of this school code shall be construed so as to prevent the purchase or use by the district of any supplemental or reference books for use in the schools of this state.

      Sec. 405.  Commission to Make Contracts.  The textbook commission shall have power to make such contracts for the purchase and use of textbooks in the name of the state as it shall deem necessary for the interests of the public schools. Such contracts shall set forth the introductory, exchange, and retail price of each textbook, and such prices shall not be less favorable than the prices at which such books are sold in any other state.

Geographies to contain special matter for Nevada

Commission to adopt textbooks

Commission’s choice of books to be used in schools

Commission to make contracts

Contractors to give bonds; proviso

Contracts, when in effect

Contracts void, when

and retail price of each textbook, and such prices shall not be less favorable than the prices at which such books are sold in any other state. And the contracts shall also provide that the state or any school district may purchase its books direct from the publishers of the same. In case payment for said books is delayed more than sixty (60) days after delivery thereof, the account shall draw interest at the rate of six (6%) percent per annum from the date of delivery until paid.

      Sec. 406.  Contractors to Give Bonds-Proviso.  All publishers contracting to furnish textbooks adopted by the textbook commission shall be required to give bonds in an amount equal to one-half (1/2) of the value of the books to be furnished during one (1) school year, as estimated by the textbook commission, and such bonds shall be forfeited to the state distributive school fund if such publishers fail to comply with the terms of the contract in any county of the state; provided, however, that such bond shall not be forfeited through the unauthorized action of textbook dealers in this state if such publisher shall, upon notification by the superintendent of public instruction, promptly correct any violation of contract prices on the part of any local dealer. Upon information furnished by the textbook commission, the attorney general shall bring action for the recovery of the amount of any such bond of any publisher who shall have failed to comply with the terms of any contract, and the full amount named in such bond shall be deemed to be fixed and liquidated damages for the breach of such contract.

      Sec. 407.  Contracts, When In Effect.  Such contract with the publishers of textbooks shall not take effect until such publishers shall have filed, with the secretary of state, their bond, with at least two (2) sufficient sureties, or a bond from a bonding company authorized to do business in this state, to be approved by the governor, and in such sum as shall be determined by the textbook commission.

      Sec. 408.  Contracts Void, When.  In case the publishers of any textbooks adopted by the textbook commission shall not, on or before the fifteenth (15th) day of July next following such adoption, have filed with the secretary of state a bond as hereinbefore provided, or in case such publishers shall at any time thereafter fail to comply with the terms of such contract, and if within reasonable time, after due notice shall have been given by the superintendent of public instruction, they shall have failed to comply with the conditions of the contract in any respect, the adoption of such books shall become null and void. The textbooks adopted by the said textbook commission under this school code shall, upon the compliance of the publishers with the aforesaid conditions, continue in use for the period of four (4) years after the first day of September next following the date of such adoption, to the exclusion of all other textbooks.

conditions, continue in use for the period of four (4) years after the first day of September next following the date of such adoption, to the exclusion of all other textbooks.

      Sec. 409.  Price of Textbooks Promulgated.  Whenever the publishers of the books adopted under the provisions of this chapter shall have filed their bond as herein provided, it shall be the duty of the superintendent of public instruction to cause all prices of textbooks as guaranteed by the publishers to be printed and distributed among the superintendents and school trustees, and it shall be the duty of the school trustees in each district to cause such prices to be kept available in each school building.

      Sec. 410.  Texts Adopted Must Be Used in All Schools.  The textbooks adopted by the state textbook commission shall be used in every public school in the state in the grades for which they are adopted, and no other books shall be used as textbooks in such grades; provided, however, that this section shall not be interpreted in such a manner as to prohibit the use of supplemental books purchased by the district, nor the temporary use for try-out purposes of textbooks submitted by textbook publishers for state adoption, upon approval of the state textbook commission. Any school officer or teacher who shall violate the provisions of this school code by requiring the pupils to use textbooks other than those adopted by the state textbook commission or other texts approved as above, or by permitting the use of such other books as texts, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty dollars ($20), nor more than one hundred ($100) dollars. All superintendents, principals, teachers, and school officers are charged with the execution of this law, and the superintendent of public instruction shall require the teachers of the several districts, or the principal thereof, to report annually as to the textbooks used in their schools.

      Sec. 411.  Expenses of Textbook Commissioners.  The members of the state textbook commission shall, with the exception of the governor and the superintendent of public instruction, receive the sum of ten ($10) dollars per diem for each day actually engaged in transacting the business of the commission to and from the meetings of the commission. There is hereby appropriated the sum of seven hundred fifty ($750) dollars per year, or so much thereof as may be necessary to carry out the provisions of this chapter, from the state distributive school fund. Bills for such compensation shall be allowed and paid in the usual manner. The state textbook commission shall not be in session more than twenty (20) days in any one (1) year.

      Sec. 412.  Penalty for Overcharge on Books.  Any person who shall sell or bargain to sell any of the regularly adopted textbooks for any amount more than the prices agreed upon by the several textbook publishers and the textbook commission shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty ($20) dollars, nor more than one hundred ($100) dollars; provided, that any local dealer in the state may, when sending out such books by mail, include in the selling price the cost of the postage necessary to send such books by mail.

Price of textbooks promulgated

Texts adopted must be used in all schools

Expenses of textbook commissioners

Penalty for overcharge on books

Apportionment of district school library fund

Misdemeanor to injure or deface property

Penalty

who shall sell or bargain to sell any of the regularly adopted textbooks for any amount more than the prices agreed upon by the several textbook publishers and the textbook commission shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty ($20) dollars, nor more than one hundred ($100) dollars; provided, that any local dealer in the state may, when sending out such books by mail, include in the selling price the cost of the postage necessary to send such books by mail.

Chapter 41

district school libraries

      Sec. 413.  Apportionment of District School Library Fund.  The trustees of each school district shall annually expend for library books at least five ($5) dollars for each teacher to which the district is entitled, and shall pay for them in the same manner as for other school supplies. The books so purchased shall be such as have been approved by the superintendent of public instruction under such rules and regulations as the state textbook commission may prescribe; provided, that districts of the first class may purchase suitable books without such restrictions; and provided further, that in case any district shall have failed to expend the required amount by the close of the school year for library books as prescribed in this chapter, the deputy superintendent of public instruction for the district concerned may then purchase for such district library books in an amount not exceeding five ($5) dollars for each teacher in such district, and such purchase shall be a proper charge against the school fund of that district.

Chapter 42

protection of school property

      Sec. 414.  Misdemeanor to Injure or Deface Property.  It shall be a misdemeanor for any person or persons to willfully and maliciously injure, mark, or deface any church edifice, schoolhouse, or other such building, public or private, its fixtures, books, or appurtenances, or to commit any nuisance therein, or to loiter on or near the school grounds, or to purposely and maliciously commit any trespass upon the grounds attached thereto, or any fixtures placed thereon, or any enclosure or sidewalk about the same, or in any manner to maliciously and purposely interfere with or disturb those peaceably assembled within such building or buildings.

      Sec. 415.  Penalty.  Any person or persons convicted of a misdemeanor under the foregoing section of this school code shall be subject to a fine, not exceeding two hundred ($200) dollars, or to imprisonment in the county jail not to exceed six (6) months, or to both such fine and imprisonment.

Chapter 43

protection of school children

      Sec. 416.  Misdemeanor to Interfere with Pupils.  It shall be a misdemeanor for any person or persons to detain, beat, whip, or otherwise interfere with any pupil or pupils attending any public school in the State of Nevada, on his, her, or their way to and from such school against the will of such pupil or pupils.

      Sec. 417.  Misdemeanor to Disturb School.  It shall be a misdemeanor for any person or persons to disturb the peace of any public school in the State of Nevada by using vile or indecent language, or by threatening or assaulting any pupil or teacher within the building or grounds of such school, and for the purpose of this chapter the grounds of every public school in the State of Nevada shall extend to a distance of fifty (50) yards in all directions from the school building.

      Sec. 418.  Penalty.  any person or persons convicted of a misdemeanor under either of the two (2) immediately foregoing sections of this chapter shall be subject to a fine not exceeding three hundred ($300) dollars or imprisonment in the county jail not to exceed six (6) months, or to both such fine and imprisonment.

Chapter 44

location of houses of ill-fame

      Sec. 419.  Restriction on Disreputable Houses.  It shall be unlawful for any owner, or agent of any owner, or any other person to keep any house of ill-fame, or to let or rent to any person whomsoever, for any length of time whatever, to be kept or used as a house of ill-fame, or resort for the purposes of prostitution, any house, room or structure situated within four hundred (400) yards of any schoolhouse or schoolroom used by any public or common school in the State of Nevada, or within four hundred (400) yards of any church, edifice, building, or structure erected for and used for devotional services or religious worship in this state.

      Sec. 420.  Penalty.  Any person violating the provisions of section 419 of this school code shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than twenty-five ($25) dollars nor more than three hundred ($300) dollars or to be imprisoned in the county jail not less than five (5) nor more than sixty (60) days, or by both such fine and imprisonment, in the discretion of the court.

      Sec. 421.  Duties of Sheriff and District Attorney.  It shall be the duty of the district attorney and sheriff of each county in this state to see that the provisions of this chapter are strictly enforced and carried into effect, and upon neglect so to do, they, or either of them, shall be deemed guilty of a misdemeanor in office, and may be proceeded against as provided in sections 63 to 72, inclusive, of an act entitled “An act relating to elections,” approved March 12, 1873.

Misdemeanor to interfere with pupils

Misdemeanor to disturb school

Penalty

Restriction on disreputable houses

Penalty

Duties of sheriff and district attorney

Sectarian literature prohibited

School property exempt from taxation or execution

Resident children, defined

Arbor Day

vided in sections 63 to 72, inclusive, of an act entitled “An act relating to elections,” approved March 12, 1873.

Chapter 45

general provisions

      Sec. 422.  Sectarian Literature Prohibited.  No books, tracts, or papers of a sectarian or denominational character shall be used or introduced in any schools established under the provisions of this school code; nor shall any sectarian or denominational doctrines be taught therein; nor shall any school which has not been taught in accordance with the provisions of this section receive any of the public school funds.

      Sec. 423.  School Property Exempt from Taxation or Execution.  All lots, buildings, or other school property, owned by any district, town, or city, and devoted to public school purposes, shall be, and the same are hereby, exempted from taxation and from sale on any execution or other writ or order in the nature of an execution.

      Sec. 424.  Resident Child-Resident Children, Defined.  Whenever the attendance of any school child or school children is the determining factor in the organization of a school district or in the maintenance of a school already established, such child must be a “resident child” or such children must be “resident children” within the meaning of this school code before any such school district shall be entitled to receive any apportionment of school money.

      The term “resident child” or “resident children” as used in this code shall be defined in such a way as to include:

      1.  All normal children between the age of six and eighteen years who have actually resided in the school district with parent, parents, guardian, or guardians for a period of at least three months.

      2.  Children living in unorganized territory in the state who may be attending said school shall be counted for apportionment purposes.

      The term “resident children” is further defined in such a way as to exclude:

      1.  All children residing in the district (or who may be attending said school though residing in unorganized Nevada territory), who have already completed the eight grades in an elementary school.

      2.  All children whose parents or guardians reside or have their homes outside of Nevada, or in any other organized school district within the State of Nevada.

      Sec. 425.  Arbor Day.  Arbor Day is hereby established in the State of Nevada, and shall be fixed each year by proclamation of the governor at least one (1) month before the fixing of such date, and it shall be observed with appropriate exercises by the public schools of this state.

      Sec. 426.  Governor to Make Proclamation Of.  The governor is requested to make proclamation setting forth the provisions of the preceding section of this school code, and recommending that Arbor Day so established be observed by the people of the state in the planting of trees, shrubs, and vines, in the promotion of forest growth and culture, in the adornment of public and private grounds, places, and ways, and in such other efforts and undertakings as shall be in harmony with the character of the day so established.

      Sec. 427.  Armistice Day Declared Holiday.  The eleventh (11th) day of November of each and every year, known as “Armistice Day,” is hereby declared a holiday; all public offices of this state shall close on this day.

      If the eleventh (11th) day of November shall fall upon a Sunday, the Monday following shall be observed as a holiday.

      Sec. 428.  “Nevada Day” Designated-Proclamation and Observance.  The 31st day of October of each and every year is hereby designated as “Nevada Day.” All state, county, and municipal offices and the state university shall close on this day. The governor of the State of Nevada is hereby authorized and directed to issue annually, at least thirty (30) days prior to the 31st day of October, a proclamation requesting the people of the state to observe Nevada Day by appropriate exercises and ceremonies, commemorating the admission of the State of Nevada into the union. If the 31st day of October shall fall on a Sunday, the Monday following shall be observed as a holiday.

      Sec. 429.  Frances Willard Day Established.  September 28 of each year shall be and is hereby set apart and designated as Frances Willard day, and in every public school in the State of Nevada a portion of the school day on said day shall be set apart for instruction and appropriate exercises relative to the history and benefits of prohibition of the manufacture of narcotics and sale of intoxicating liquors in the United States; and provided, that in any year September 28 shall fall upon a day of the week which is not a school day, then the school day nearest that date shall be taken in lieu of September 28. It shall be the duty of all state, county, and school district officers and all public school teachers of the state to carry out the provisions of this section.

      Sec. 430.  Holidays-Appropriate Exercises on Certain Days.  No school shall be kept open on the first day of January, the thirtieth day of May, the fourth of July, the first Monday of September, Thanksgiving Day, and the twenty-fifth day of December of each year, nor on any day appointed by the president of the United States or the governor of this state for public fast, thanksgiving, or holiday.

      All schools shall be kept open and shall observe with appropriate exercises the twelfth (12th) day of February, the twenty-second (22d) day of February, arbor day, the twenty-eighth (28th) day of September, the thirty-first (31st) day of October, and the eleventh (11th) day of November of each year; or, if these days do not occur on regular school days, then such exercises shall be held on the school day nearest these days, respectively; provided, that this shall not be construed so as to interfere with the participation by the schools in community exercises held in the observance of such days.

Governor to make proclamation

Armistice day declared holiday

“Nevada Day” designated; proclamation and observance

Frances Willard day established

Holidays

National flag to be provided

State flag

District attorney legal advisor school boards

appropriate exercises the twelfth (12th) day of February, the twenty-second (22d) day of February, arbor day, the twenty-eighth (28th) day of September, the thirty-first (31st) day of October, and the eleventh (11th) day of November of each year; or, if these days do not occur on regular school days, then such exercises shall be held on the school day nearest these days, respectively; provided, that this shall not be construed so as to interfere with the participation by the schools in community exercises held in the observance of such days.

      Sec. 431.  The National Flag To Be Provided.  Boards of school trustees in all school districts throughout the state shall provide for their respective schoolhouses a suitable flag of the United States, which shall be hoisted on the respective schoolhouse or flagpole on all days when school is in session. The respective boards of trustees are hereby authorized and directed to cause said flags to be paid for out of any school money in their respective school district funds. If the trustees in any school district fail or neglect to provide such flag, the deputy superintendent of public instruction shall himself provide the school with a flag and shall cause the same to be installed upon the school house, or flagpole provided therefor, and shall pay the expenses incurred in such action by drawing his order on the county auditor, and the county auditor shall draw his warrant on the county treasurer in payment of same.

      Sec. 432.  The State Flag.  The official flag of the State of Nevada is hereby created, to be designed of the following colors, with the following lettering and devices thereon, to wit: The body of the flag shall be solid cobalt blue. On the field in the upper left quarter thereof shall be two (2) sprays of sagebrush with the stems crossed at the bottom to form a half-wreath. Within the sprays a five-pointed silver star with one (1) point up. The word “Nevada” shall also be inscribed within the sprays, and shall be inscribed in the same style of letters as the words “Battle Born” and shall be inscribed in the following manner: Beginning at the upper point shall appear the letter “N,” the other letters shall appear equally spaced between the points of the star. Above the wreath, and touching the tips thereof, a scroll bearing the words “Battle Born”; the scroll to be golden yellow, and the lettering thereon black-colored roman capital letters. The design upon which this section is drafted, shall be known as “Design C” sketched by “Don” Louis Schellback 3d, as redesigned to include the word “Nevada” as provided for in this section.

      Sec. 433.  District Attorney Legal Advisor School Boards.  The district attorneys of the several counties of Nevada must give, when required, and without fee, their opinion in writing to school boards of every kind on matters relating to the duties of their offices.

give, when required, and without fee, their opinion in writing to school boards of every kind on matters relating to the duties of their offices.

      Sec. 434.  Attorney General Legal Advisor Superintendent of Public Instruction and Deputy Superintendents of Public Instruction.  The state attorney general shall give, when required, and without fee, his opinion in writing to the superintendent of public instruction and deputy superintendents of public instruction on matters relating to the duties of their offices.

Chapter 46

high school scholarships

      Sec. 435.  Who Eligible to Educational Scholarships.  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, who are under the age of nineteen (19) 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 school code.

      Sec. 436.  Amount and Disbursement of Scholarship.  Said scholarship shall be in the amount of one hundred fifty ($150) dollars annually, and shall be paid in two (2) equal installments during each school year, the first payment to be made on or before September 15, and the second payment to be made on or before January 15. Said payments shall be made to the principal of the high school which the student is attending, or proposes to attend, and shall be disbursed by said principal for the benefit of the student. The principal of such high school shall, for the purpose of this chapter, be held to be the guardian of the estate of said student to the extent of the scholarship funds paid under the provisions herein.

      Sec. 437.  Application for Scholarship, How Made.  Any worthy son or daughter of a service man or woman, who may be entitled to a scholarship under the provisions of this chapter, may by himself or any interested person, make application for a scholarship. All such applications shall be made at least sixty (60) days prior to the beginning of the school year for which the scholarship is sought, and shall be made to the veterans service commissioner of the State of Nevada.

      Sec. 438.  Duties of Veterans Service Commissioner.  The veterans service commissioner shall immediately make inquiry into the need of the applicant and his or her educational background, using such means of inquiry as may be available, which information he will embody in a report to the state board of finance.

Duties of attorney general

Who eligible to educational scholarships

Amount and disbursement of scholarship

Application for scholarship, how made

Duties of veterans service commissioner

Continuation of scholarship; proviso

Board of finance to make investigation, when

Board may discontinue assistance

Appropriation

the state board of finance. The state board of finance shall, at its next regular meeting after receiving such report and before the beginning of the school year for which the scholarship is sought, either approve or disapprove the granting of the scholarship.

      Sec. 439.  Continuation of Scholarship; Proviso.  The application for the scholarship having been granted, the scholarship shall continue from year to year, and the state board of finance shall, on or before September 15 and January 15, of each school year, and until the recipient shall have been graduated from said high school, or has discontinued his or her high school education, or the scholarship has been terminated as hereinafter provided, make the payments as set out in section 436 of this chapter; provided, however, no one (1) person shall receive such scholarship for a period longer than four (4) years.

      Sec. 440.  Board of Finance to Make Investigation, When.  Whenever it shall be brought to the attention of the veterans service commissioner or the state board of finance, by information received from any reputable source, that the recipient of the scholarship is failing in his or her studies, or for any other reason it appears that the recipient is no longer worthy of the scholarship, the state board of finance may direct that the veterans service commissioner make an immediate investigation of the matter, in the course of which investigation he may enlist the aid of the principal of the high school attended by the student, as well as the services of any or all of the nationally recognized organizations for ex-service men and women in the community. Upon completing his investigation the veterans service commissioner shall immediately make his report to the state board of finance, which board shall act upon the report at its next regular meeting.

      Sec. 441.  Board May Discontinue Assistance.  Upon the basis of the investigation and report, the state board of finance shall have the right to discontinue the scholarship award entirely or the board may place the recipient upon probation for such period as it may determine. A copy of the veterans service commission report shall be delivered to the principal of the high school and to each nationally recognized organization of ex-service men or women in the community.

      Sec. 442.  Appropriation.  For the purpose of this chapter there is hereby appropriated, out of the general fund of the State of Nevada, the sum of three thousand ($3,000) dollars, to be known as the “State of Nevada Scholarship Fund,” out of which all scholarship payments, as hereinabove provided, shall be made.

Chapter 47

accident insurance-athletic teams

      Sec. 443.  Compensation for Students of Athletics.  It is hereby declared to be the policy and purpose of this chapter to provide, if practicable, protection to student members of athletic teams of schools of the State of Nevada supported in whole or in part with state or county funds from loss arising out of injuries received by them in the course of athletic competition or practice under the immediate charge of school coaches or authorities and including injuries in travel for such purposes.

      Sec. 444.  Duties of Commissioner of Insurance, Superintendent of Public Instruction and Attorney General.  Whenever any insurance carrier, authorized to do business as such in this state and of approved financial responsibility, shall submit a plan for group insurance of students in the schools of the State of Nevada supported in whole or in part with state or county funds of this state against loss in circumstances referred to in section 443 of this chapter in consideration for a blanket annual premium charge not greater than one-half (1/2) the amount herein appropriated for two (2) years, the commissioner of insurance and the superintendent of public instruction shall study the plan and shall have the benefit of the legal opinion of the attorney general, and if they certify that the proposed rates and policy of insurance as executed meet the requirements of this chapter, a claim for the annual premium shall be presented to the board of examiners for audit and allowance according to law. If more than one (1) insurance carrier shall submit identical or substantially identical plans and rates, the insurance business may be equitably divided among them.

      Sec. 445.  State School Districts and Political Subdivisions Relieved of Liability.  Nothing in this chapter shall be deemed to admit any liability on the part of the state, its school districts, or political subdivisions for any such injury. The word “injury” shall include injury resulting in death within one (1) year, and payment in such cases shall be made to the assured or his estate.

      Sec. 446.  Cooperation of School Authorities.  The superintendent of public instruction and the school authorities throughout the state shall cooperate in reporting the total number of students to be included in the group insured and in certifying as to the membership of individual students on their athletic teams should he or she be injured.

      Sec. 447.  Appropriations.  There is hereby appropriated from the distributive school fund for the period July 1, 1947, to and including June 30, 1949, the sum of fifteen thousand ($15,000) dollars to carry out the purposes of this chapter.

Compensation for students of athletics

Duties of certain officers

Liability, exemption

Cooperation of school authorities

Appropriations

Code construed

Repeal of laws

      Sec. 448.  The provisions of this school code so far as they are substantially the same as those of the existing school laws of this state shall be construed as a continuation thereof and not as new enactments.

      Sec. 449.  Repeal of Laws.  The Nevada laws relating to the public schools of this state and hereinafter specified as those to be repealed having been included, as clarified and recodified, in the foregoing school code, the following acts, parts of acts, and sections of those laws, except those portions thereof which are expressly continued in force and effect in said school code in order to preserve continuity in the school system of this state, are hereby repealed:

      “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, and being the 1911 Stats. of Nevada, chapter 133, and now compiled in Nevada Compiled Laws (1929) as sections 5650 to and including section 5867 thereof, consecutively;

      Also, each and all the amendments of and additions to any thereof which have been made since said act was so approved March 20, 1911, and which are now still in force and effect, as shown by the Nevada Statutes for the legislative years since that time, and which are compiled in and by said Nevada Compiled Laws (1929) as follows (each of the sections of the Nevada Compiled Laws being here referred to, for the sake of brevity, merely by the abbreviations N. C. L. and sec. or secs. and the number of the section thereof, and each of said Nevada Statutes by the year in which it was enacted and approved, and the page thereof on which said act begins):

      N. C. L., sec. 5868 (1919 Nev. Stats., p. 159);

      N. C. L., secs. 5880-5884 (1923 Nev. Stats., p. 13);

      N. C. L., sec. 5894 (1917 Nev. Stats., p. 307);

      N. C. L., secs. 6043-6051 (1919 Nev. Stats. p. 150);

      N. C. L., secs. 6052-6054 (1921 Nev. Stats., p. 339);

      N. C. L., sec. 6055 (1917 Nev. Stats., p. 332);

      N. C. L., secs. 7773-7778 (1919 Nev. Stats., p. 329);

      N. C. L., secs. 5991-5997 (1923 Nev. Stats., p. 265);

      N. C. L., sec. 5998 (1929 Nev. Stats., p. 197);

      N. C. L., secs. 5986-5989 (1915 Nev. Stats., p. 427);

      N. C. L., secs. 5878-5879 (1921 Nev. Stats., p. 255);

      N. C. L., secs. 5873-5877 (1923 Nev. Stats., p. 325);

      N. C. L., secs. 5869-5871 (1921 Nev. Stats., p. 28);

      N. C. L., secs. 5919-5921 (1917 Nev. Stats., p. 245);

      N. C. L., secs. 5885-5886 (1919 Nev. Stats., p. 247);

      N. C. L., secs. 6000-6002 (1917 Nev. Stats., p. 173);

      N. C. L., sec. 5990 (1923 Nev. Stats., p. 325);

      N. C. L., secs. 5300-5304 (1917 Nev. Stats., p. 355);

      N. C. L., secs. 5904-5913 (1917 Nev. Stats., p. 17);

      N. C. L., secs. 5976-5979 (1927 Nev. Stats., p. 76);

      N. C. L., secs. 5915-5918 (1915 Nev. Stats., p. 188);

      N. C. L., secs. 5887-5888 (1915 Nev. Stats., p. 375);

      N. C. L., secs. 5939-5945 (1915 Nev. Stats., p. 175);

      N. C. L., sec. 6026 (1915 Nev. Stats., p. 126);

      N. C. L., secs. 5946-5957 (1915 Nev. Stats., p. 27);

      N. C. L., secs. 5982-5985 (1917 Nev. Stats., p. 173);

      N. C. L., secs. 5958-5965 (1921 Nev. Stats., p. 112);

      N. C. L., secs. 5967-5975 (1925 Nev. Stats., p. 156);

      N. C. L., secs. 5895-5903 (1913 Nev. Stats., p. 124);

      N. C. L., sec. 5894 (1917 Nev. Stats., p. 307);

      N. C. L., secs. 5889-5893 (1923 Nev. Stats., p. 341);

      N. C. L., secs. 6022-6025 (1917 Nev. Stats., p. 354);

      N. C. L., secs. 6027-6042 (1919 Nev. Stats., p. 148);

      N. C. L., secs. 5937-5938 (1913 Nev. Stats., p. 305);

      N. C. L., secs. 6063-6072 (1919 Nev. Stats., p. 218, as amended 1945 Nev. Stats., p. 455);

      Also each and all the amendments of and additions to said act so approved March 20, 1911, and of and to all of the foregoing sections; and also all later laws of the State of Nevada relating exclusively to and governing the public schools of this state, which are now in force and effect as shown by and compiled in Nevada Compiled Laws, 1931-1941 Supplement, beginning with N. C. L., sec. 5650 and extending to and including sec. 6074.04 in said supplement, and more particularly the following-numbered sections of Nevada Compiled Laws and of Nevada Statutes, as shown by the same abbreviations hereinbefore in this section referred to and used:

      N. C. L., sec. 5805 (1935 Nev. Stats., p. 211), (1939 Nev. Stats., p. 97);

      N. C. L., secs. 6076.01-6076.03 (1935 Nev. Stats., p. 219);

      N. C. L., secs. 5711-5712 (1937 Nev. Stats., p. 127); as amended (1941 Nev. Stats., p. 360);

      N. C. L., sec. 5724 (1937 Nev. Stats., p. 178);

      N. C. L., sec. 5716 (1937 Nev. Stats., p. 292);

      N. C. L., sec. 5895 (1937 Nev. Stats., p. 293);

      N. C. L., secs. 6078-6078.09 (1939 Nev. Stats., p. 288); as amended (1941 Nev. Stats., p. 363);

      N. C. L., secs. 6078.20-6078.28 (1939 Nev. Stats., p. 293), as amended (1941 Nev. Stats., p. 361);

      N. C. L., secs. 6077.11-6077.19 (1937 Nev. Stats., p. 380);

      N. C. L., secs. 6077.21-6077.56 (1937 Nev. Stats., p. 473); as amended (1939 Nev. Stats., p. 310), as further amended (1943 Nev. Stats., p. 488), and as further amended (1945 Nev. Stats., p. 100);

      N. C. L., sec. 3308.01 (1939 Nev. Stats., p. 22); as amended (1941 Nev. Stats., p. 76);

      N. C. L., sec. 5823.01 (1939 Nev. Stats., p. 46);

Repeal of laws

Repeal of laws

      N. C. L., sec. 5713 (1939 Nev. Stats., p. 94);

      N. C. L., sec. 5805 (1939 Nev. Stats., p. 97);

      N. C. L., sec. 6048 (1939 Nev. Stats., p. 161);

      N. C. L., sec. 5868 (1939 Nev. Stats., p. 205);

      N. C. L., sec. 5952 (1941 Nev. Stats., p. 365);

      N. C. L., sec. 5727 (1941 Nev. Stats., p. 359);

      And also each and all the following laws of this State concerning public schools which were enacted and approved in the legislative years 1943 and 1945 not hereinbefore mentioned as laws of this state to be repealed, if any, and hereinafter designated as of the year of the enactment and approval thereof and by the chapter and the page of the beginning thereof:

      1943 Nev. Stats., chapter 141, p. 202;

      1943 Nev. Stats., chapter 159, p. 225;

      1943 Nev. Stats., chapter 166, p. 232;

      1943 Nev. Stats., chapter 170, p. 236;

      1943 Nev. Stats., chapter 193, p. 295;

      1945 Nev. Stats., chapter 60, p. 96;

      1945 Nev. Stats., chapter 62, p. 98;

      1945 Nev. Stats., chapter 63, p. 100;

      1945 Nev. Stats., chapter 75, p. 112;

      1945 Nev. Stats., chapter 81, p. 118;

      1945 Nev. Stats., chapter 126, p. 203;

      1945 Nev. Stats., chapter 230, p. 450;

      1945 Nev. Stats., chapter 231, p. 451;

      It is the purpose and intention of this repealing section to repeal all the public school laws of the State of Nevada which are compiled into and recodified in the foregoing school code of the State of Nevada, and all laws and parts of laws in conflict with any provisions of said school code.

Library commission

[Assembly Bill No. 104–Committee on State Library]

Chap. 64–An Act to amend an act entitled “An act in relation to the state library,” approved February 14, 1865, 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 2 of the above-entitled act, being section 7086 N. C. L. 1929, as amended by chapter 66, Statutes of Nevada 1943, pages 89 and 90, is hereby amended to read as follows:

      Section 2.  The state library shall be under the control of a commission to be known as the state library commission which shall consist of the governor, state controller, and secretary of state.

which shall consist of the governor, state controller, and secretary of state. A state librarian shall be appointed by the governor who shall hold office at the pleasure of the governor and who shall qualify according to law, and give a bond to the State of Nevada for the faithful performance of his duties in the sum of five thousand ($5,000) dollars. The state librarian shall be paid a salary of three thousand three hundred dollars per annum, payable in equal semimonthly installments, as other state officers are paid. The state librarian shall appoint such assistant state librarians and other employees as may be necessary for the proper operation of the state library. The state librarian shall be responsible for the safe-keeping of all the property of the state library, and shall cause all books, maps, charts, pamphlets, and other documents thereof to be impressed with the proper stamp or seal after the same has been procured.

      The state librarian shall have the following powers and duties and he shall be authorized:

      (1) To purchase books, magazines, newspapers, and other documents, together with necessary bindings for the preservation of the same; provided, that no warrant shall be drawn by the state controller for such purposes until the bill has been presented by the state librarian and approved and allowed by the state board of examiners and paid in the same manner as other claims against the state.

      (2) To purchase, secure, and retain in the state library a sufficient number of the “Nevada Compiled Laws 1929”; “Nevada Compiled Laws, Supplement 1931-1941”; and such other supplementary compilations as may be hereafter issued for the use of the members of the Nevada legislature when the legislature is in session.

      (3) To send on exchange account Nevada Compiled Laws 1929, Nevada Compiled Laws, Supplement 1931-1941, and such other supplementary compilations as may be hereafter issued to each of the state libraries of the United States of America. Each set is to be delivered in exchange for legal compilations of other states and shall be sent free of charge.

      (4) The state library commission may adopt rules and regulations for the issuance of exchange sets, the loan of legal books to the state legislature, and for the general government of the state library.

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

State librarian

Assistants

Duties

Rules and regulations

In effect

Ice cream composition

Repeal

In effect

[Assembly Bill No. 61–Mr. Smith]

Chap. 65–An Act to amend an act entitled “An act relating to the manufacture and sale of ice cream, providing standards for ice cream, providing for the proper care of ice-cream containers, and providing penalties for the violation of this act,” approved March 24, 1931.

[Approved March 15, 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 2293.04 of N. C. L. 1931-1941 Supp., is hereby amended to read as follows:

      Section 5.  Ice cream, within the meaning of this act, shall be the frozen product made from cream with the addition of milk or milk products and sweetened with sugar, dextrose, corn syrup, corn syrup solids, or any other suitable wholesome and nutritious carbohydrate approved by the state commissioner of food and drugs, with or without natural flavoring, and such ice cream shall be manufactured, stored, distributed, and dispensed in a sanitary manner and shall contain not less than 14% (fourteen percent) of milk fat and shall weigh not less than 4 1/2 (four and one-half) pounds per gallon. Fruit ice cream, within the meaning of this act, shall contain not less than 12% (twelve percent) of milk fat. Nut ice cream, within the meaning of this act, shall contain not less than 12% (twelve percent) of milk fat.

      Sec. 2.  All acts or parts of acts, insofar as they may be inconsistent 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.

[Assembly Bill No. 119–Mr. Stewart]

Chap. 66–An Act to amend an act entitled “An act to create a state board of investments of the state permanent school fund, defining its powers and duties, and other matters properly connected therewith, and repealing all acts and parts of acts in conflict herewith,” approved March 24, 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 5 of the above-entitled act, being section 6966 N. C. L. 1929, is hereby amended to read as follows:

      Section 5.  No part of the state permanent school fund shall be invested in the bonds of any county whose entire bonded indebtedness for all purposes shall exceed ten percent of its assessed valuation; and the amount of bonds of any county purchased or invested in by the state board of investments shall not in the aggregate exceed four percent of the assessed valuation of any county.

      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.

Investment restricted

Repeal

In effect

[Assembly Bill No. 99–Mr. Swackhamer]

Chap. 67–An Act to amend an act entitled “An act fixing the salaries and compensation of county officers and deputies in and for the county of Lander, State of Nevada,” approved March 24, 1931, and to repeal certain acts in conflict therewith.

[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 is hereby amended to read as follows:

      Section 2.  The sheriff shall receive the sum of twenty-six hundred forty ($2,640) dollars per annum payable monthly, and the commissions allowed by law for all collections of all licenses, which shall be compensation in full for all services rendered. The sheriff shall pay into the county treasury each month all moneys collected by him as fees, in both civil and criminal cases, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk; provided, that when it becomes necessary in criminal cases for the sheriff to travel a greater distance than thirty miles from the county seat, he shall be allowed his necessary traveling expenses; provided further, that when it becomes necessary in civil cases for the sheriff to travel a greater distance than thirty miles from the county seat he shall be allowed his necessary expenses therefor, which shall be made a charge against the party or parties to whom the costs of action are taxed.

Sheriff’s salary

Fees to county

Travel expense

Deputies

Assessor

Recorder and auditor

Treasurer

County clerk

District attorney

Act repealed

county clerk; provided, that when it becomes necessary in criminal cases for the sheriff to travel a greater distance than thirty miles from the county seat, he shall be allowed his necessary traveling expenses; provided further, that when it becomes necessary in civil cases for the sheriff to travel a greater distance than thirty miles from the county seat he shall be allowed his necessary expenses therefor, which shall be made a charge against the party or parties to whom the costs of action are taxed. 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 allow such claims in the same manner as other county expenses are audited and paid. He may appoint two deputy sheriffs to serve in Lander county, and their salaries shall be one hundred and eighty ($180) dollars per month each.

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

      Section 3.  The county assessor shall receive twenty-four hundred ($2,400) dollars per annum, payable monthly, and such fees and commissions as are now allowed by law.

      Sec. 3.  Section 4 of the above-entitled act is hereby amended to read as follows:

      Section 4.  The county recorder, as such, and as ex officio auditor, shall receive twenty-six hundred forty ($2,640) dollars per annum, payable monthly, and the fees allowed under the act of February 27, 1883. He shall perform all county work required in the office, and extend the annual assessment roll without further compensation or charge against the county.

      Sec. 4.  Section 5 of the above-entitled act is hereby amended to read as follows:

      Section 5.  The county treasurer shall receive twenty-four hundred ($2,400) dollars per annum, payable monthly.

      Sec. 5.  Section 6 of the above-entitled act is hereby amended to read as follows:

      Section 6.  The county clerk shall receive twenty-four hundred ($2,400) dollars per annum, payable monthly, and such civil fees as are now allowed by law.

      Sec. 6.  Section 7 of the above-entitled act is hereby amended to read as follows:

      Section 7.  The district attorney, as such, shall receive twenty-six hundred forty ($2,640) dollars per annum, payable monthly, and such fees and commissions as are now allowed by law.

      Sec. 7.  That certain act entitled “An act providing for the compensation of the county recorder and ex officio auditor of Lander County, State of Nevada,” approved March 1, 1945, is hereby repealed.

      Sec. 8.  That certain act entitled “An act providing for the compensation of the county clerk of Lander County, State of Nevada,” approved March 1, 1945, is hereby repealed.

      Sec. 9.  That certain act entitled “An act providing for the compensation of sheriff and his deputies of Lander County, State of Nevada,” approved March 1, 1945, is hereby repealed.

      Sec. 10.  That certain act entitled “An act providing for the compensation of the county assessor of Lander County, State of Nevada,” approved March 1, 1945, is hereby repealed.

      Sec. 11.  That certain act entitled “An act providing for the compensation of the district attorney of Lander County, State of Nevada,” approved March 1, 1945, is hereby repealed.

      Sec. 12.  All other acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 13.  This act shall be in full force and effect from and after April 1, 1947.

Act repealed

Act repealed

Act repealed

Act repealed

Repeal

Effective date

[Assembly Bill No. 47–Mr. Ryan]

Chap. 68–An Act to amend an act entitled “An act regulating the hours of service and fixing the minimum compensation therefor of females employed in private employment in this state, and providing certain exceptions thereto; providing the mode of payment of the compensation of such females, and providing compensation for female employees reporting for duty but not permitted to enter upon such duties; providing for special uniforms for female employees; defining the duties of certain persons in relation hereto; prescribing penalties for the violations thereof and other matters properly relating hereto,” approved March 29, 1937.

[Approved March 15, 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 section 2825.47 N. C. L., Supp. 1931-1941, is hereby amended to read as follows:

      Section 7.  No employer shall employ a female for a period of more than eight hours of continuous labor unless such period is broken by a meal period of at least one-half hour, after the end of the third hour and before the end of the sixth hour of work, and for the purpose of this section no period of less than thirty minutes shall be deemed to interrupt a continuous period of work. Two ten-minute rest periods shall be allowed employee, the first rest period within the first four hours of work and the second rest period within the last four hours of work; provided, the provisions of this section shall not be construed to apply to females engaged in the communication industry.

Lunch and rest period

Uniforms

Act posted

Employer defined

Repeal

In effect

section shall not be construed to apply to females engaged in the communication industry.

      Employer to furnish Uniforms.  All special uniforms as to style, color or material, required shall be furnished by the employer and laundered by the employer, without cost to the employee.

      Provisions of Act To Be Posted.  Every employer shall post and keep conspicuously posted in or about the premises wherein any female is employed, a printed abstract of this act to be furnished by the state labor commissioner.

      “Employer” Defined.  Whenever used in this act “employer” includes every person, firm, corporation, partnership, stock association, agent, manager, representative, or foreman, or other person having control or custody of any employment, place of employment, or of any employee.

      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.

Nonresident alien hold property

In effect

[Assembly Bill No. 157–Mr. Miller (White Pine)]

Chap. 69–An Act to amend an act entitled “An act to authorize and empower aliens and nonresident persons and incorporations to take, hold, enjoy, and acquire real estate in the State of Nevada,” approved February 27, 1879.

[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 section 6365 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  Any nonresident alien, person, or corporation may take, hold, and enjoy any real property, or any interest in lands, tenements, or hereditaments within the State of Nevada, as fully, freely, and upon the same terms and conditions as any resident citizen, person, or domestic corporation.

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

[Assembly Bill No. 168–Messrs. Gray and Wines]

Chap. 70–An Act to amend an act entitled “An act relating to marriage and divorce,” approved November 28, 1861, 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 24 of the above-entitled act, being section 9462 N. C. L. 1929, is amended to read as follows:

      Section 24.  The court, in granting a divorce, shall make such disposition of, and provision for, the children, as shall appear most expedient under all the circumstances, and most for the present comfort and future well-being of such children; and when, at the commencement, or during the pendency, of the suit, it shall be made to appear to the court, or to the judge, in vacation, that any child of the wife, whether she be plaintiff or defendant, which is too young to dispense with the care of its mother, or other female, has been or is likely to be, taken or detained from her, or that any child of either party, has been, or is likely to be taken, or removed, by, or at the instance of, the other party, out of the country, or concealed within the same, it shall be the duty of the court, or of such judge in vacation, forthwith to order such child to be produced before him, and then to make such disposition of the same, during the pendency of the suit, as shall appear most advantageous to such child, and most likely to secure to it the benefit of the final order to be made in its behalf; and all such orders may be enforced, and made effectual, by attachment, commitment, and requiring security for obedience thereto, or by other means, according to the usages of courts, and to the circumstances of the case; provided, that in actions for divorce the court may, during the pendency of the action, or at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such order for the custody, care, education, maintenance, and support of such minor children as may seem necessary or proper, and may at any time modify or vacate the same.

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

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

Disposition of children

Court may modify orders

Repeal

In effect

Judgment, when

Repeal

In effect

[Assembly Bill No. 113–Mr. Gray]

Chap. 71–An Act to amend an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, as amended.

[Approved March 15, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 832 of the above-entitled act, being section 9321 N. C. L. 1929, is hereby amended to read as follows:

      Section 832.  When the trial is by the court, judgment must be entered within 30 days after the close of the trial.

      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.

Unlawful to maintain zoo, etc.,

Exception

Permission to operate zoo, etc., granted, when

[Assembly Bill No. 49–Mr. Monroe]

Chap. 72–An Act prohibiting the keeping of live wild animals, wild birds, or other wild life for display purposes, authorizing the fish and game commission to permit such keeping by certain individuals and bodies politic; providing penalties for violation, 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.  It shall be unlawful for any person, firm, partnership, or corporation to maintain any zoo, menagerie, or display of live wild animals, wild birds, or other wild life or nondomesticated species of animals, either native or exotic, or to exhibit as a zoo, menagerie, or display any living wild animals, birds, or other wild life, whether for compensation or otherwise; provided, that this act shall not apply to any regularly organized traveling circus, menagerie, or trained act of wild animals, not permanently located within the State of Nevada.

      Sec. 2.  Any municipal corporation, political subdivision, agency, or department of the State of Nevada, may apply to the state fish and game commission for permission to maintain and operate a zoo, menagerie, or display of wild animals, wild birds, or wild life, setting forth such matters as may be required by the commission, and upon approval of the application by the commission shall maintain and conduct such zoo, menagerie, or display of wild animals, wild birds, or wild life.

zoo, menagerie, or display of wild animals, wild birds, or wild life.

      Sec. 3.  Any individual may apply to the state fish and game commission for a permit to maintain a private collection of live wild animals or reptiles, and the commission, being satisfied that such collection will not be maintained for public display nor as part of or adjunct to any commercial establishment, may grant such permit. The permit shall authorized the permittee to keep and maintain not more than three live predatory animals, nor more than three reptiles, or both, subject to inspection by the commission or its agents, and shall be revocable at any time; provided, that nothing in this act shall be construed to prohibit the collection, housing, and study of animals, birds, or reptiles by those engaged in scientific research, by and with the consent of the Nevada state fish and game commission.

      Sec. 4.  Any violation of the provisions of this act shall be a misdemeanor.

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

Permit issued individuals

Penalty

In effect

[Assembly Bill No. 108–Messrs. Carlson and Barr]

Chap. 73–An Act to amend an act entitled “An act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith,” approved March 27, 1907, 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 38 of the above-entitled act, the same being section 1139 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 38.  Except as otherwise provided by law, the term of office of all appointive officers shall be until the municipal election next following their appointment and until their successors are duly appointed and qualified, unless sooner removed by the mayor, with the concurrence of a majority of the members of the city council; provided, however, that any such person so appointed may be removed by the votes of all the members of the city council, if the council shall by resolution so provide.

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

Term of office

In effect

Salaries and expenses fixed by board; claims approved by chief parole officer

Repeal

In effect

[Assembly Bill No. 40–Committee on Judiciary]

Chap. 74–An Act to amend an act entitled “An act to regulate and make effectual the power of the governor, justices of the supreme court, and attorney general to remit fines and forfeitures, commute punishments, and grant pardons after convictions; create the state board of parole commissioners, define its powers and duties; provide for the appointment of parole officers, define their powers and duties, and make an appropriation therefor, and provide for other matters properly relating thereto,” approved March 22, 1933, 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 15 of the above-entitled act, being chapter 165, Statutes of Nevada 1945, page 253, at page 254, is hereby amended to read as follows:

      Section 15.  The parole officers and other employees of the board shall be paid such salaries as the board shall determine within the total appropriation therefor, and shall be reimbursed for their actual and necessary traveling and other expenses, in accordance with the provisions of sections 6942 and 6943 Nevada Compiled Laws 1929, as amended. All claims for salaries and expenses of the parole officers and other employees of the board shall be first approved by the chief parole officer, and shall be examined, approved, and allowed by the state board of examiners, and shall be paid as other claims against the state are paid.

      Sec. 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. 169–Washoe County Delegation]

Chap. 75–An Act authorizing and empowering the city of Reno to convey to the Nevada state historical society, inc., certain real property within the city limits of said city.

[Approved March 15, 1947]

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

Assembly, do enact as follows:

      Section 1.  The city of Reno, a municipal corporation, in the State of Nevada, is hereby authorized and empowered to make, execute, and deliver, without consideration, a deed conveying to the Nevada state historical society, inc.,

to make, execute, and deliver, without consideration, a deed conveying to the Nevada state historical society, inc., a nonprofit corporation which is by statute a state institution, trustee of the state, in fee simple absolute, the following-described property in the city of Reno, county of Washoe, State of Nevada: Starting at the southeast corner of the intersection of Ninth and Lake streets, thence southerly along the line of Lake street one hundred and ten (110) feet; thence easterly one hundred and forty (140) feet; thence northerly one hundred and ten (110) feet; thence westerly one hundred and forty (140) feet along Ninth street to the point of beginning, this being the northwest corner of Evans park and subject to the approval of the use of said property by the J. N. Evans estate.

      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.

City to execute, deliver deed

Repeal

In effect

[Assembly Bill No. 142–Humboldt County Delegation]

Chap. 76–An Act to authorize the State of Nevada to reconvey to the city of Winnemucca, a municipal corporation, in the county of Humboldt, State of Nevada, a certain tract of land in the said city of Winnemucca, hereinafter described, conveyed by said city of Winnemucca, and authorizing the proper officers to execute the conveyance of said lands and to provide for the payment of the fees of the secretary of state.

[Approved March 15, 1947]

      Whereas, By deed recorded on March 5, 1937, in the county of Humboldt, State of Nevada, the city of Winnemucca conveyed to the said State of Nevada the land hereinafter described for the purpose of building thereon an armory hall; and

      Whereas, The said tract of land is not large enough for an armory; therefore,

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

Assembly, do enact as follows:

      Section 1.  The State of Nevada is hereby authorized to reconvey to the city of Winnemucca that certain tract of land known as tract D, situated in the said city of Winnemucca, county of Humboldt, State of Nevada, described as follows, to wit:

      Beginning at Sta. 675-94.65 Victory highway in the NW 1/4 SE 1/4, Sec. 30, T. 36 N., R. 38 E., M. D. B. & M., and running S.

Preamble

State reconvey land

Deed executed

In effect

running S. 74°07′ E. 40 ft. to the point of beginning; thence S. 74°07′ E. 218.20 feet, more or less, to the north side of Fourth Street; thence S. 43°21′ W. 378.17 feet; thence N. 57°57′ W. 45.00 feet, more or less, to the south side of the Victory highway right-of-way; thence N. 15°53′ E. 319.96 feet, along the east edge of said right-of-way, to point of beginning, containing 00.95 acres.

      Sec. 2.  That the said deed for said tract of land shall be executed by the proper state officers and the said city of Winnemucca shall pay all fees and expenses of the office of the secretary of state of the State of Nevada for making and executing said deed.

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

Preamble

Trustees construct building on cost-plus basis

[Assembly Bill No. 258–Mr. Free]

Chap. 77–An Act authorizing the trustees of the Panaca school district in Lincoln County to advertise for and enter in a contract to rebuild the Panaca school building on a cost-plus-a-fee-basis.

[Approved March 15, 1947]

      Whereas, The elementary school building in the Panaca, Lincoln 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 Panaca school district, Lincoln 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 twenty-five thousand dollars ($25,000).

of said building in the sum of twenty-five thousand dollars ($25,000).

      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 June 30, 1949.

Trustees’ discretion

Bond not required, when

Effective date

[Assembly Bill No. 115–Committee on Livestock]

Chap. 78–An Act providing for the licensing and regulation of public livestock sales and sales yards, defining the powers and duties of the state board of stock commissioners in connection therewith, and other matters properly relating thereto.

[Approved March 18, 1947]

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

Assembly, do enact as follows:

      Section 1.  When used in this act “person” means any person, firm, or corporation.

      “Board” means the state board of stock commissioners of the State of Nevada.

      “Livestock” means cattle, sheep, goats, horses, mules, asses, hogs, or poultry.

      “Public livestock auction” means any sale or exchange of livestock held by any person at an established place of business or premises where the livestock is assembled for sale or exchange, and is exchanged or sold at auction or upon a commission basis, at regular or irregular intervals.

      “Consignor” means any person consigning, shipping, or delivering livestock to a public livestock auction for sale, resale, or exchange.

      “Operator of a public livestock auction” means any person holding, conducting, or carrying on a public livestock auction.

      Sec. 2.  On and after July 1, 1947, no person shall hold, operate, conduct, or carry on a public livestock auction in this state without first securing a license therefor from the board.

Definitions

Livestock auction license

Livestock auction license

Bond required

Conditions of bond

Deposit in bank lieu of bond

board. The application for such license shall be on forms prescribed and furnished by the board and shall set forth:

      (a) The name of the operator of the public livestock auction.

      (b) The location of the establishment or premises where the public livestock auction is to be conducted.

      (c) The type or kinds of livestock to be handled, sold, or exchanged.

      (d) A description of the facilities to be used in conducting such public livestock auction.

      (e) Such other information as the board reasonably may require.

      Such application shall be accompanied by a bond and the required fee as hereinafter provided.

      Sec. 3.  Each applicant for a license to operate and conduct a public livestock auction shall file a bond with the board. Such bond shall be in the principal amount of $1,000; provided, that if the board is of the opinion that the volume of business and the nature of the operation of any public livestock auction is such as to render a bond of $1,000 inadequate, then the board, after reasonable notice to the operator of such public livestock auction, may require that the bond be increased to an amount fixed by the board, but not in excess of the average gross receipts for livestock sold through such public livestock auction at the several sales held during the preceding twelve months, or during the period for which the public livestock auction has been operated if it has been operated for less than twelve months, but such bond shall not in any case be more than $5,000. Such bond shall be conditioned for the prompt remittance to consignors of the proceeds from any sale or exchange of their livestock. Such bond shall be in a form and with sureties satisfactory to the board, and shall provide that it may not be canceled without 10 days’ notice in writing to the board. Such bond shall be for the use and benefit of any consignor suffering loss or damage by breach of the conditions thereof, and any such consignor may bring action for recovery thereon.

      In lieu of filing such bond the operator of a public livestock auction may deliver to the board the receipt of a duly authorized bank or trust company in this state showing the deposit with said bank or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of said bond, said cash or securities to be deposited in escrow under agreement conditioned as in the case of said bond. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed hereunder. Any such receipt shall further be accompanied by evidence that there are no unsatisfied judgments against the operator of such public livestock auction of record in the county where the operator resides.

accompanied by evidence that there are no unsatisfied judgments against the operator of such public livestock auction of record in the county where the operator resides.

      Sec. 4.  The fee for a license to operate a public livestock auction shall be $100 per annum. Upon receipt of an application for a license hereunder, accompanied by the required bond and license fee, the board shall examine the same, and if it finds such application to be in proper form and that the applicant has otherwise complied with this act, the board shall grant the license as applied for, subject to the provisions of this act. Any license or other fees collected under the provisions of this act shall be deposited in the stock inspection fund in the state treasury.

      Sec. 5.  Licenses shall be in such form as the board may prescribe, shall be under the seal of the board, and shall set forth:

      (a) The name and address of the operator of the public livestock auction.

      (b) The location of the establishment or premises licensed.

      (c) The kinds of livestock to be sold, exchanged, or handled.

      (d) The period of the license; and

      (e) Such other information as the board may determine.

      A separate license shall be required for each establishment or premises where a public livestock auction is operated or conducted. The original, or a certified copy of the license hereunder, shall be conspicuously displayed by the licensee in the sale ring or some other like prominent place in the establishment or premises licensed.

      Licenses shall be renewed annually upon like application and procedure as in the case of the original license.

      Sec. 6.  The board may decline to grant or to renew a license or may suspend or revoke a license already granted if the board, after due notice and hearing, finds:

      (a) That the licensee has violated any provision of this act or any rule, order, or regulation issued thereunder;

      (b) That the licensee has knowingly received on consignment, or sold or exchanged, stolen livestock or mortgaged livestock without authority from the owner or mortgagee;

      (c) That the licensee has been guilty of fraud or deception in any material particular in securing the license;

      (d) That the licensee has failed to keep records as required hereunder;

      (e) That the licensee has failed to practice measures of sanitation as required hereunder, or has violated the rules and regulations, if any, for the yarding, housing, holding, and feeding of livestock; or

      (f) That the licensee, in the case of livestock weighed on the licensee’s scales and sold by weight, has knowingly quoted incorrect weights, or has failed to have his scales regularly inspected and tested.

License fee

Form of license

Separate license

Annual license

License denied, when

Hearing

Records of operator

Infected livestock not sold

Housing for livestock

Scales inspected

the licensee’s scales and sold by weight, has knowingly quoted incorrect weights, or has failed to have his scales regularly inspected and tested.

      In the case of any hearing held hereunder, there shall be filed in the office of the board a memorandum briefly stating the reasons of the board for the denial, suspension, or revocation of the license, but formal findings of fact shall not be required to be made or filed.

      Sec. 7.  Each operator of a public livestock auction shall keep the following records for each lot of livestock consigned to or sold or exchanged through such public livestock auction, namely:

      (a) The name and address of the consignor;

      (b) A description of the livestock which shall include the kind, approximate age, the sex, and any marks, brands, or other distinguishing or identifying marks.

      (c) The method by which the livestock was delivered to the public livestock auction, and in the case of livestock delivered by motor vehicle, the name of the operator, the make of manufacture, and the state license number of such motor vehicle;

      (d) The name and address of the purchaser of said livestock;

      Such records shall be kept by the operator of a public livestock auction at the establishment or premises where the sale is held and conducted, or such other convenient place as may be approved by the board. Such records shall be open for inspection by all peace officers of this state at all reasonable times, and shall be retained and preserved for a period of at least two years.

      Sec. 8.  No livestock known to be infected with or known to have been exposed to, any contagious, infectious or communicable animal disease shall be consigned to, or sold through any public livestock auction.

      Public livestock auctions handling livestock during inclement weather shall be equipped with facilities for housing said livestock during such inclement weather. If livestock is held on the premises for more than ten hours, then facilities for feeding and watering the livestock so held shall be provided. The yards, pens, and premises where livestock is held or handled shall be regularly cleaned and disinfected for the purpose of preventing infectious, contagious, and communicable animal diseases.

      In case any public livestock auction shall sell livestock by weight, the scales upon which such livestock is weighed shall be regularly inspected and tested.

      Sec. 9.  The board may make reasonable rules and regulations for carrying out the provisions of this act.

      For the purpose of carrying out the provisions of this act, and making inspections hereunder, the board or any duly authorized representative thereof, shall have the right to enter the establishment or premises where any public livestock auction is held and to inspect the records thereof at all reasonable times.

and making inspections hereunder, the board or any duly authorized representative thereof, shall have the right to enter the establishment or premises where any public livestock auction is held and to inspect the records thereof at all reasonable times.

      Sec. 10.  Any person who shall operate a public livestock auction without a license, as herein required, or who shall violate any of the provisions of this act or of any rules or regulations lawfully issued hereunder, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $300. Each day upon which livestock is sold or exchanged at any public livestock auction shall constitute a separate offense.

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

      Sec. 12.  This act shall be in full force and effect on and after July 1, 1947; provided, that any time after the passage and approval of the act, the board may receive and act on applications for licenses as herein provided, to be effective as of July 1, 1947, if granted, and make such other arrangements for carrying out the provisions of this act as may be deemed necessary.

Rules and regulations

Penalty

Repeal

Effective date

[Assembly Bill No. 150–Committee on Ways and Means]

Chap. 79–An Act authorizing a transfer of funds from the general fund to the state distributive school fund upon certain terms and conditions, and making an appropriation therefor.

[Approved March 18, 1947]

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

Assembly, do enact as follows:

      Section 1.  There shall be transferred from the general fund of the State of Nevada to the state distributive school fund not more than three million ($3,000,000) dollars as in this act provided. The superintendent of public instruction, during the months of July 1947, January 1948, July 1948, and January 1949, shall certify to the state treasurer and the state controller, for the support of the state distributive school fund for the then current semiannual period, such amount as may be necessary to comply with the requirements of that certain act entitled “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,” commonly known as “The 1947 Nevada School Code.”

Funds transferred to distributive school fund

Appropriation

      Sec. 2.  For the purpose of making the transfers mentioned in the preceding section, and for the biennium ending June 30, 1949, there is hereby appropriated out of the general fund of the State of Nevada the sum of three million ($3,000,000) dollars.

Funds transferred to state high school fund

Appropriation

[Assembly Bill No. 149–Committee on Ways and Means]

Chap. 80–An Act authorizing a transfer of funds from the general fund to the state high school fund upon certain terms and conditions, and making an appropriation therefor.

[Approved March 18, 1947]

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

Assembly, do enact as follows:

      Section 1.  There shall be transferred from the general fund of the State of Nevada to the state high school fund not more than seven hundred thousand ($700,000) dollars as in this act provided. The superintendent of public instruction, during the months of July 1947, January 1948, July 1948, and January 1949, shall certify to the state treasurer and the state controller, for the support of the state high school fund for the then current semiannual period, such amount as may be necessary to comply with the requirements of that certain act entitled “An act concerning public school of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto,” commonly known as “The 1947 Nevada School Code.”

      Sec. 2.  For the purpose of making the transfers mentioned in the preceding section, and for the biennium ending June 30, 1949, there is hereby appropriated out of the general fund of the State of Nevada the sum of seven hundred thousand ($700,000) dollars.

[Assembly Bill No. 116–Mr. Smith]

Chap. 81–An Act to amend an act entitled “An act creating a board to be known as the state planning board, defining its duties, powers, and jurisdiction, and making an appropriation for the expenses thereof, and other matters properly relating thereto,” approved March 22, 1937, as amended.

[Approved March 18, 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 6975.04 N. C. L., Supp. 1931-1941, is hereby amended to read as follows:

      Section 4.  Within a reasonable time after the appointment of the members of the board, the board shall meet upon the call of the governor and shall effect an organization by electing a chairman and selecting a secretary who need not be a member of the board. It shall adopt such rules for the regulation of its proceedings and the transaction of its business as it deems proper, and shall keep a record of its official actions. The board may appoint such technical and clerical assistants and make such other expenditures as may be necessary to carry into effect the purposes of their acts. All expenditures made by the board, however, shall be within the limits of the appropriation provided for the use of the board, or as hereinafter provided from funds appropriated by the legislature for construction work or major repairs.

      Sec. 2.  Section 5 of the above-entitled act, being section 6975.05 N. C. L., Supp. 1931-1941, as amended by chapter 156, Statutes of Nevada 1945, is hereby amended to read as follows:

      Section 5.  It shall be the function and duty of the state planning board:

      (a) To make a comprehensive state plan for the economic and social development of the State of Nevada. To this end, it shall conduct research and studies relating to natural resources and to other factors in the progress of the state.

      (b) To furnish engineering and architectural service to all state departments, including boards or commissions charged with the construction of any state building, the money for which is appropriated by the state legislature; and all such departments, boards, or commissions are hereby required and authorized to use such service. The services shall consist of preliminary planning, designing, estimating of cost for the departments, boards, or commissions, and the preparation of detailed plans and specifications; provided, that the board may submit said preliminary plans or designs to qualified architects or engineers for preparation of detailed plans and specifications if the board deems such action desirable.

Organization of board

Expenditures limited

Duties of board

Duties of board

Appropriation

Repeal

In effect

architects or engineers for preparation of detailed plans and specifications if the board deems such action desirable. The cost of preparation of said preliminary plans or designs, the cost of said detailed plans and specifications, and the cost of all architectural and engineering services shall be a charge against the appropriation made by the legislature for any and all state buildings or projects, or buildings or projects planned or contemplated by any state agency for which the legislature has appropriated or may appropriate funds, said costs not to exceed the limitations that are or may be provided by the legislature. The board shall have final authority for approval as to architecture of all buildings, plans, designs, type of construction, major repairs, and design of landscaping, shall solicit bids for and let all contracts for new construction or major repairs to the lowest qualified bidder, and after the contract is let shall have supervision and inspection of construction or major repairs; the cost of supervision and inspection shall be a charge against the appropriation or appropriations made by the legislature for said building or buildings.

      (c) To submit reports and to make recommendations relative to its findings to the governor and the legislature and particularly, to recommend to the governor and the legislature the priority of construction of any and all buildings or other construction work now authorized or that may hereafter be authorized or proposed.

      (d) To cooperate with other departments and agencies of the state in their planning efforts, and to advise and cooperate with municipal, county, and other local planning commissions within the state for the purpose of promoting coordination between the state and the local plans and developments.

      Sec. 3.  Section 7 of the above-entitled act, being section 6975.07 N. C. L., Supp. 1931-1941, is hereby amended to read as follows:

      Section 7.  There is appropriated and made available, until expended, out of any moneys in the general funds of the State of Nevada not otherwise appropriated, ten thousand ($10,000) dollars for the biennium ended June 30, 1949, to enable the board to carry out the provisions of this act.

      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. 66–Mr. Chapman]

Chap. 82–An Act authorizing and directing the state controller and the state treasurer of the State of Nevada to transfer certain sums from a specified item in the Nevada state police fund to other specified items in said fund.

[Approved March 18, 1947]

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

Assembly, do enact as follows:

      Section 1.  Notwithstanding the provisions of section 59 of chapter 246, Statutes of Nevada 1945, being the act making appropriations for the support of the civil government of the State of Nevada, for the fiscal years ending June 30, 1946-1947, the state controller and the state treasurer of the State of Nevada are hereby authorized and directed to transfer from the “other salaries” item of the Nevada state police fund, as appropriated and set apart in section 16 of the above-mentioned act, the sum of $13,786.38, and apportion said sum to the following items of said Nevada state police fund, as follows: to the traveling expense item, $5,856.72; to supplies item, $523.47; to miscellaneous item, $578.93; and to equipment item, $6,827.26.

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

State police transfer of funds

In effect

[Assembly Bill No. 106–Committee on Ways and Means]

Chap. 83–An Act providing an appropriation for the payment of street work on that portion of Valley road and East Seventh street in the city of Reno, Washoe County, Nevada, abutting on the property and grounds of the University of Nevada.

[Approved March 18, 1947]

      Whereas, The city of Reno, a municipal corporation located in Washoe County, Nevada, is providing for the improvement of certain streets in the city of Reno, by the construction of curbs and gutters and paving on said streets, which said improvements include that portion of Valley road and East Seventh street in said city of Reno, abutting upon the property of the University of Nevada, and intends to pay for said improvement by special assessments against the property fronting or abutting on said streets; and

      Whereas, Under said improvement program the following improvements will be chargeable against the property of the University of Nevada, to wit:

Preamble

Appropriation, street improvement, university assessment

In effect

      Special assessment roll - 1945 curb, gutter, and alley improvement program:

Valley road-2,260 lineal feet 2′6″ curb and gutter @ $1.15       .......................       $2,599.00

East Seventh street - 1,170 lineal feet 2′6″ curb and gutter @ $1.15.............         1,345.50

                                                                                                                                    _________

Total assessment 3,430 lineal feet 2′6″ curb and gutter @ $1.15...................       $3,944.50

      Special assessment roll-1946 street improvement program:

Valley road-2,260 front ft. (36,160 sq. ft. paving) @ $0.20       .......................         7,232.00

                                                                                                                                  __________

Total assessment, 1945 and 1946 programs......................................................     $11,176.50

now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of eleven thousand one hundred seventy-six and 50/100 ($11,176.50) dollars is hereby appropriated out of any moneys in the general fund of the State of Nevada not otherwise appropriated, for the payment of curb, gutters, and paving outlined in the preamble hereto, and the state controller is hereby authorized and directed to draw his warrant in favor of the city of Reno for a sum not to exceed eleven thousand one hundred seventy-six and 50/100 ($11,176.50) dollars, and the state treasurer is hereby authorized and directed to pay the same upon the presentation of a duly authorized claim for said improvements presented by the city council of the city of Reno, and duly approved by the board of regents of the University of Nevada and by the state board of examiners.

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

[Assembly Bill No. 192–Ormsby County Delegation]

Chap. 84–An Act to provide additional compensation for certain elective officers of Ormsby County.

[Approved March 18, 1947]

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

Assembly, do enact as follows:

      Section 1.  In addition to the salaries fixed by chapter 79 and chapter 173, Statutes of Nevada 1945, the county clerk, the recorder, the sheriff, and the district attorney of Ormsby County shall receive additional compensation at the rate of ten percent (10%) of such salaries, which additional compensation at said rate shall be included in and paid by the salary warrants issued to said elective officers.

the recorder, the sheriff, and the district attorney of Ormsby County shall receive additional compensation at the rate of ten percent (10%) of such salaries, which additional compensation at said rate shall be included in and paid by the salary warrants issued to said elective officers.

      Sec. 2.  This act shall take effect July 1, 1947, and shall expire June 30, 1949.

Additional compensation

Effective date

[Senate Bill No. 54–Senator Loomis]

Chap. 85–An Act to provide for the licensing and regulation of private detectives, detective agencies, investigators, patrols, patrol agencies, guards, and watchmen; providing penalties for the violation of the provisions of this act, and other matters relating thereto.

[Approved March 18, 1947]

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

Assembly, do enact as follows:

      Section 1.  The following terms as used in this act shall, unless a different meaning is plainly required by the context, be construed as follows:

      (1) The term “person” shall mean and include any individual, firm, partnership, association, or corporation.  (2) The term “licensee” means any person licensed under this act.  (3) As used in this act “private detective” shall mean and include any of the following:  (a) Any person who engages in business or who accepts employment for hire, fee, or reward to furnish or supply information as to the personal character or actions or identity of any person or as to the character or kind of business or occupation of any person.  (b) An investigator for hire or reward.  (c) Any person who furnishes policemen, guards, or watchmen; provided, however, that “private detective” shall not mean or include a private watchman regularly employed.

      Sec. 2.  This act shall not apply to any detective or officer belonging to the law enforcement agencies of the United States, or of any county or city of such state.

      Sec. 3.  This act shall not apply to special police officers appointed by the police department of any city, county, or city and county, within the State of Nevada; nor shall this act apply to the appointment of any special police officer by the Nevada state police while any such officer is engaged in the performance of his official duties.

      Sec. 4.  This act shall not apply to any person employed as special agent, detective, or private investigator for one employer exclusively in connection with the affairs of that employer.

Definitions

Officers excepted

Detective license required

Penalty

Applications for license, what required

Freeholders’ certificate of approval

      Sec. 5.  No person, unless he be licensed under this act shall:  (a) Engage in the business of private detective for hire or reward, or  (b) advertise his business to be that of private detective irrespective of the name or title actually used.

      Any violation of the provisions of this section shall constitute a misdemeanor, to be punished by a fine not to exceed five hundred ($500) dollars or by imprisonment not to exceed one year in the county jail, or both.

      Sec. 6.  Every applicant for a license under this act shall file with the superintendent of the Nevada state police a written application which shall be in accordance with the following provisions:  (1) If the applicant is an individual the application shall be signed and verified by that individual.  (2) If the applicant is a firm or partnership the application shall be signed and verified by each individual composing or intending to compose such firm or partnership.  (3) If the applicant is a corporation the application shall be signed and verified by the president, secretary, and treasurer thereof, and shall specify the name of the corporation, the date and place of its incorporation, the amount of the corporation’s outstanding paid-up capital stock, whether such stock was paid for in cash or property, and if in property the nature and description of the property.

      The application shall also be accompanied by a duly certified copy of its certificate of incorporation.

      The successor to every such officer shall, prior to entering upon the discharge of his duties, sign and verify a like statement, approved in like manner, as this section prescribes for individuals signatory to the application.

      In the event of the death, resignation, or removal of such officer due notice of that fact shall forthwith be given, in writing, to the superintendent of the Nevada state police.

      (4) Every application for a license shall state all of the following:  (a) The full name, age, residence, present and previous occupations of each signatory.  (b) That each signatory is a citizen of the United States.  (c) A specific description of the location of the principal place of business of the applicant.  (d) A full set of fingerprints and a recent photograph.  (e) Such other facts as may be required by the superintendent of the Nevada state police to show the good character, competency, and integrity of each signatory.

      Sec. 7.  Every individual signatory to an application for a license under the provisions of this act shall be approved by not less than three (3) reputable freeholders of the county where the individual resides or where the applicant proposes to conduct business. Each person approving a signatory under this section shall certify to all of the following:  (1) That he has personally known the applicant for a period of at least one year prior to the filing of the application.  (

That he has personally known the applicant for a period of at least one year prior to the filing of the application.  (2) That he has read the application and believes each of the statements made therein to be true.  (3) That the applicant is honest, of good character, and competent.  (4) That the applicant is not related by blood or marriage to the person approving him.

      Sec. 8.  The superintendent of the Nevada state police shall make such additional investigation of applicants for a license under this act as he may deem necessary.

      Sec. 9.  The superintendent of the Nevada state police when satisfied from recommendations and investigation that the applicant is of good character, competency, and integrity shall issue and deliver to such applicant a license entitling the applicant to conduct the business of private detective and investigator during good behavior.

      Sec. 10.  Any license obtained from the superintendent of the Nevada state police under the provisions of this act gives the licensee or any employee of the licensee authority to act as a private detective in any county or city in the State of Nevada, subject to county and city ordinances.

      Sec. 11.  No license shall be issued under this act until the applicant files with the superintendent of the Nevada state police a surety bond executed by such applicant, with two or more sureties or by a surety company authorized to do business in this State, in the sum of two thousand ($2,000) dollars conditioned for the faithful and honest conduct of the business of private detective and investigator by such applicant. Such bond as to its form, execution, and sufficiency of the sureties shall be approved by the superintendent of the Nevada state police.

      Sec. 12.  The bond required in section 11 of this act shall be taken in the name of the people of the State of Nevada, and every person injured by the willful, malicious, or wrongful act of the principal may bring an action on the bond in his own name to recover damage suffered by reason of such willful, malicious, or wrongful act.

      Sec. 13.  Every licensee shall at all times maintain on file the surety bond required by this act in full force and effect, and upon failure to do so the license of such licensee shall be forthwith suspended until such a bond is placed on file.

      Sec. 14.  A licensee may employ, in connection with the business of private detective, as many unlicensed persons as may be necessary; provided, however, that every licensee is at all times accountable for the good conduct of every person employed by him in connection with the business of private detective.

Investigation, superintendent state police

License issued, when

License effective, where

Bond required

Action on bond, when

Must maintain bond

May employ unlicensed persons, liability

Unlawful divulgence of information

False report

Penalty

Superintendent state police employ investigators

Charges against licensee

Hearing of charges

Testimony transcribed

Superintendent state police may discipline

License fee

Receipts paid into fund

      Sec. 15.  It shall be unlawful for any licensee or any employee, officer, or member of any licensee to divulge to anyone (except as he may be so required by law to do), any information acquired by him except at the direction of the employer or client for whom the information was obtained.

      It shall also be unlawful for any licensee or any employee, officer, or member of any licensee to make a false report to his employer or client.

      The violation of any of the provisions of this section shall be deemed a misdemeanor, punishable by a fine of not more than five hundred ($500) dollars or by imprisonment for not more than one year in the county jail, or by both such fine and imprisonment.

      Sec. 16.  The superintendent of the Nevada state police is hereby authorized to employ persons to investigate all alleged violations of this act, such employees to have the authority of peace officers.

      Sec. 17.  Any person may file charges against a licensee or an employee of a licensee in the form of sworn affidavits which shall be corroborated or supported by witnesses.

      Sec. 18.  Upon receipt of charges properly substantiated the superintendent of the Nevada state police shall set a date of hearing, and notice shall be given in writing and served upon the person accused at least 30 days prior to the date of the hearings. The notice required by the section shall state the grounds of the complaint against the accused, the name of the accuser, and the time and place of the hearing.

      Sec. 19.  Upon demand of either the accused or the accuser, all testimony adduced upon a hearing for the disciplining of a licensee shall be recorded and transcribed at the expense of the party demanding it.

      Sec. 20.  The superintendent of the Nevada state police may discipline any licensee by revoking or suspending his license for any of the following causes:  (1) Conviction of a felony or of any offense involving moral turpitude.  (2) Violation of any of the provisions of this act.  (3) A false statement by the licensee that any person is or has been in his employ.  (4) Any unprofessional conduct or unfitness of the licensee or any person in his employ.

      Sec. 21.  No license under this act shall be issued until the applicant pays to the superintendent of the Nevada state police a license fee of fifty (50) dollars. Said license fee shall become due on July 1 of each year, and is payable annually.

      Sec. 22.  All receipts under this act shall be reported at the beginning of each month, for the month preceding, to the state controller, and the entire amount received shall be paid into the state treasury to the credit of the Nevada state police private detective agency contingent fund.

paid into the state treasury to the credit of the Nevada state police private detective agency contingent fund. This fund shall be used by the superintendent of the Nevada state police for the administration of this act.

      Sec. 23.  All other acts or parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 24.  This act shall take effect and be in full force from and after its passage and approval.

Repeal

In effect

[Senate Bill No. 38–Senator Settlemeyer]

Chap. 86–An Act authorizing the board of county commissioners of Douglas County to issue and sell bonds for the enlargement of the basement of the Douglas County high school gymnasium and for the purchase and installation of a heating plant in said gymnasium; providing for the payment thereof by levy and collection of taxes, and other matters relating thereto.

[Approved March 18, 1947]

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

Assembly, do enact as follows:

      Section 1.  The board of county commissioners of the county of Douglas, State of Nevada, is hereby authorized and empowered to prepare, issue, and sell negotiable coupon bonds of the county of Douglas, State of Nevada, for an amount not exceeding six thousand ($6,000) dollars, exclusive of interest, for the purpose of enlarging the basement of the Douglas County high school gymnasium and for the purchase and installation of a heating plant therein. Said bonds shall be known as “Douglas County High School Gymnasium Bonds.”

      Sec. 2.  Before the board of county commissioners shall exercise any power or authority conferred by the provisions of this act, the county board of education of Douglas County shall first request the board of county commissioners to proceed under this act, and shall furnish said board of county commissioners with a description of the project or projects contemplated and desired, together with an estimate of the approximate total cost thereof which shall not exceed six thousand ($6,000) dollars.

      Sec. 3.  Said bonds shall be prepared in denominations of six hundred ($600) dollars, and shall be numbered consecutively. They shall be made payable in lawful money of the United States, and they shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds.

High school gymnasium bonds

Description of project, cost

Form, contents of bonds

Interest rate

Bonds redeemed consecutively

Sale of bonds, when, not less than par value

Special fund created

Annual tax for retirement of bonds

Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Said bonds and coupons shall be signed by the chairman of the board of county commissioners, countersigned by the treasurer of Douglas County, and authenticated by the official seal of said county of Douglas. Facsimile signatures may be used on the coupons. Said bonds shall bear interest at a rate not exceeding three percent per annum, payable annually on the first Monday in July of each year. The said bonds shall be redeemed and retired consecutively in the order of their issuance, commencing not later than the first Monday in July of the second year following the year of issue, and annually thereafter on the first Monday in July of each year until the whole of said bonds shall be redeemed and retired. In no case shall any bond run for a longer period than thirteen years from the date of issue. Subject to the foregoing provisions contained in this section, said board of county commissioners shall fix the various maturities of the bonds issued.

      Sec. 4.  The board of county commissioners is hereby authorized to negotiate the sale of said bonds or such number of them from time to time as the said board may deem necessary, at not less than their par value, to the highest responsible bidder, or by private sales, and may reject any or all bids; provided, however, that none of said bonds shall be issued or sold after two years from the effective date of this act.

      Sec. 5.  The proceeds from the sale of said bonds shall be placed in a special fund to be known as the “Douglas County High School Gymnasium Bond Fund,” which shall be used only for the purpose of carrying out the provisions of this act.

      Sec. 6.  To provide for the payment of said bonds and the interest thereon, the board of county commissioners shall levy and collect annually a tax on the assessed value of all property, both real and personal, subject to taxation within the boundaries of the county of Douglas, State of Nevada, sufficient to pay the interest on said bonds and to pay and retire said bonds in consecutive order as the same become due until all of said bonds and the interest thereon shall have been fully paid. Such annual tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer in the “Douglas County High School Gymnasium Bond Fund.” Said bonds and interest thereon shall be paid from this fund. Said bonds and interest thereon shall be a lien on all property subject to taxes within said county of Douglas.

      Sec. 7.  Whenever the bonds and interest thereon provided for in this act shall have been fully paid, any balance remaining in the “Douglas County High School Gymnasium Bond Fund” shall, by order of the board of county commissioners, be transferred to the appropriate fund provided for the maintenance of the Douglas County high school. If in any year more money is collected and deposited in the said “Douglas County High School Gymnasium Bond Fund” than is necessary to pay for current redemption and interest, the balance remaining in said fund shall be taken into account by the board of county commissioners, and the annual tax for the following year shall be reduced accordingly.

      Sec. 8.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, such officer shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid.

      Sec. 9.  No interest shall accrue on said bonds, or any of them, after they become due and payable.

      Sec. 10.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all of the bonds and interest coupons issued hereunder and by virtue hereof shall have been paid in full, as in this act provided.

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

Balance of fund transferred, when

Tax reduced, when

Procedure when bond paid

No interest, when

Faith of state pledged

In effect

[Senate Bill No. 65–Judiciary Committee]

Chap. 87–An Act to provide for and to regulate bills of exceptions in criminal cases, and repealing all acts or parts of acts in conflict herewith.

[Approved March 18, 1947]

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

Assembly, do enact as follows:

      Section 1.  At any time after the filing of the indictment or information and not later than twenty days after final judgment or after a motion be made for a new trial, then within twenty days after decision be made upon the motion for a new trial, except as in subdivision 2 of section 2 of this act otherwise provided, any defendant or the state in any criminal action, may serve and file a bill of exceptions to such judgment or any ruling, decision, order, or action of the court, which bill of exceptions shall be settled and allowed by the judge or court, or by stipulation to the effect that such bill of exceptions is correct, contains the substance of the proceedings relating to the point or points involved and has been settled and allowed, and when such bill of exceptions has been so settled and allowed it shall become a part of the record in such action or proceeding.

Time within which state or defendant may file bill of exceptions

Transcript may constitute bill of exemptions

Court may correct errors

Transcript, etc., part of record

Bill of exceptions in lieu of transcript

Point of exception stated, corrected and proved

criminal action, may serve and file a bill of exceptions to such judgment or any ruling, decision, order, or action of the court, which bill of exceptions shall be settled and allowed by the judge or court, or by stipulation to the effect that such bill of exceptions is correct, contains the substance of the proceedings relating to the point or points involved and has been settled and allowed, and when such bill of exceptions has been so settled and allowed it shall become a part of the record in such action or proceeding.

      Sec. 2.  Bills of exceptions shall be made up and prepared as follows, and not otherwise:

      (1) A transcript of the proceedings, certified by the court reporter, appointed by the court, under authority of law, or by agreement of the parties, to be a full, true, and correct transcript thereof, may be served and filed, and when so filed shall be and constitute the bill of exceptions of the proceedings relating to the point or points involved, as therein set forth, without further stipulation or settlement by the court; provided, however, that on motion duly noticed, the court may at any time correct any error in such transcript by appropriate amendment thereto. The transcript of the proceedings, certified by the court reporter, as herein provided, together with all other matters, exhibits, motions, papers, or orders required to be incorporated in a bill of exceptions, when so incorporated in the bill of exceptions, as herein provided, and when such bill of exceptions has been so settled and allowed, as herein provided, it shall become a part of the record in such action or proceeding.

      (2) When the transcript of the proceedings, as provided in subdivision (1) of this section, is not served and filed as the bill of exceptions of the proceedings relating to the point or points involved upon such proceedings, then the bill of exceptions shall be based and be prepared upon a record of the proceedings made up as follows:

      (a) The point of the exception shall be particularly stated, and may be delivered in writing to the judge, or, if the party require it, shall be written down by the clerk. When delivered in writing or written down by the clerk, it shall be made comformable to the truth, or be at the time, or at or before the conclusion of the trial, corrected until it is so made conformable to the truth. If the judge shall in any case refuse to allow an exception in accordance with the facts, any party aggrieved thereby may petition the supreme court for leave to prove the same, and shall have the right so to do, in such mode and manner and according to such regulations as the supreme court may by rules impose, and such exceptions as are allowed by said supreme court shall become a part of the record of the cause.

      (b) During the progress of an action or proceeding or cause a party may take his bill of exceptions to the admission or exclusion of testimony, or to the rulings of the court or judge on points of law, and it shall not be necessary to embody in such bill of exceptions anything more than sufficient facts to show the point and pertinency of the exceptions taken. The presiding judge shall sign the same, within the time herein limited, as the truth of the case may be.

      (c) A statement of the case may be incorporated in, and made a part of such bill of exceptions; such statement shall state specifically particular errors or grounds upon which the party intends to rely on upon the appeal, and shall contain so much of the evidence as may be necessary to explain the particular errors or grounds specified, and no more, and shall be served, by copy thereof, upon the adverse party, and the original filed with the clerk.

      (d) When the bill of exceptions of the proceedings, as provided for in subdivision (2) of this section, is used instead of the bill of exceptions, as provided for in subdivision (1) of this section, and such bill of exceptions has been settled and allowed by the judge or court, or by stipulation of the parties, as herein provided, the same, together with other matters, exhibits, motions, papers, or orders required to be incorporated in a bill of exceptions, when so incorporated in the bill of exceptions, as herein provided, and when such bill of exceptions has been so settled and allowed, it shall become a part of the record in such action or proceeding.

      Sec. 3.  The court shall have power upon good cause being shown therefor:

      (a) To order that the bill of exceptions provided for in subdivision (1) of section 2 of this act be prepared at the cost and expense of the county wherein the case was tried; and

      (b) To grant extensions of time within which to perform any of the acts mentioned in this act.

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

      Sec. 5.  All acts or parts of acts insofar as they are inconsistent with the provisions of this act are hereby repealed.

Exceptions taken during trial

Statement of case may be part of bill of exceptions

Bill of exceptions when settled part of record

Powers of court

In effect

Repeal

Preamble

Appropriation, additional compensation state health officer

[Senate Bill No. 70–Senator Johnson]

Chap. 88–An Act providing for an emergency appropriation to supplement the salary of the state health officer; directing the sum of four hundred thirty-seven dollars and fifty-two cents ($437.52) to be transferred from the general fund of the State of Nevada for such purpose, and directing the controller and treasurer of the State of Nevada to make such transfer.

[Approved March 18, 1947]

      Whereas, The forty-second legislative session appropriated the sum of four thousand two hundred and fifty ($4,250) dollars as the annual salary for the state health officer for each of the fiscal years constituting the biennium ending June 30, 1947; and

      Whereas, During the recent period of time when the position of state health officer was vacant, qualified applicants were not attracted by the low salary offered by the state; and

      Whereas, Sufficient funds were made available by the federal government to offer a salary of five hundred ($500) dollars per month for the position of state health officer; and

      Whereas, The above-mentioned federal funds will be withdrawn and no longer available from and after April 1, 1947; and

      Whereas, It is imperative that the emergency now existing in the office of the state health officer be met by emergency legislation; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  For the purpose of carrying out and making effective the provision of chapter 199, Nevada Statutes of 1911, entitled “An act to create a state board of health, defining their duties, prescribing the manner of the appointments of its officers, fixing their compensation, providing for the impartial selection of personnel on the basis of merit, making an appropriation for the support of said board, establishing county boards of health, requiring certain statements to be filed, defining certain misdemeanors and providing penalties therefor, and other matters relating thereto,” approved March 27, 1911, as amended, there is hereby appropriated and transferred out of the general fund of the state of Nevada the sum of four hundred thirty-seven dollars and fifty-two cents ($437.52) for the purpose of paying the salary of the state health officer for the period beginning April 1, 1947, and ending June 30, 1947. The heretofore-mentioned four hundred thirty-seven dollars and fifty-two cents ($437.52) is to be paid as compensation in addition to any and all other salary now paid the state health officer.

and all other salary now paid the state health officer. The controller and the treasurer of the State of Nevada are directed to do all things necessary to effectuate the purposes of this act.

      Sec. 2.  This act shall be construed as emergency legislation supplementing, but not repealing, the provisions of chapter 199, Nevada Statutes of 1911, being an act entitled “An act to create a state board of health, defining their duties, prescribing the manner of the appointments of its officers, fixing their compensation, providing for the impartial selection of personnel on the basis of merit, making an appropriation for the support of said board, establishing county boards of health, requiring certain statements to be filed, defining certain misdemeanors and providing penalties therefor, and other matters relating thereto,” approved March 27, 1911, as amended.

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

Emergency legislation

In effect

[Senate Bill No. 72–Committee on Judiciary]

Chap. 89–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 18, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 30(a) of the above-entitled act, as amended, being sec. 9524(a) Nevada Compiled Laws, 1929. As amended by chap. 57 Statutes of Nevada 1945, page 91-92, is hereby amended to read as follows:

      Section 30(a).  When a sale of real property is ordered and is to be made at public auction, notice of the time and place of holding the same shall be given by posting a copy in three of the most public places of the county in which the land is situated, and by publishing it in a newspaper published in the county, if there be one; if not, then in such paper as the court or a judge thereof may direct, for three weeks successively next before such sale, in which notice the lands and tenements shall be described with common certainty. When a sale of real property is ordered and is to be made at private sale, notice of the same must be given by posting a copy in three of the most public places of the county in which the land is situated, and by publishing it in a newspaper published in the county, if there be one; if not, then in such paper as the court or a judge thereof may direct, for two weeks successively next before such sale, in which notice the lands and tenements shall be described with common certainty.

Sale of property advertised

Notice of date of sale

Bids to be in writing

Repeal

In effect

may direct, for two weeks successively next before such sale, in which notice the lands and tenements shall be described with common certainty. The notice must state a day on or after which the sale will be made, and a place where offers or bids will be received. The day last referred to must be at least fifteen days from the first publication of notice; and the sale must not be made before that day, but must be made within six months thereafter; provided, that where the property ordered sold shall have been valued in the inventory at less than five hundred dollars, it shall be in the discretion of the court to order the notice of sale thereof to be given by posting only. The bids or offers must be in writing and may be left at the place designated in the notice, or delivered to the guardian personally, or may be filed in the office of the clerk of the court to which the return of sale must be made, at any time after the first publication of the notice and before the making of the sale. If it be shown that it will be for the best interest of the guardianship estate, the court or judge may, by an order, shorten the time of the notice, which shall not, however, be less than one week, and specify the number of publications, and may provide that the sale may be made on or after a day less than fifteen, but not less than eight days from the first publication of the notice, in which case the notice of sale and the sale may be made to correspond with such order.

      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.

[Assembly Bill No. 227–Committee on Taxation]

Chap. 90–An Act to amend an act entitled “An act relating to unemployment compensation, creating unemployment compensation and administration funds and providing for the administration thereof; making an appropriation therefor; defining unemployment and providing compensation therefor; requiring contributions by employers to the unemployment compensation fund; creating the office of director, a board of review, and providing for other officers and employees and defining their powers and duties; providing for the levy of assessments, and other matters relating thereto,” approved March 23, 1937, as amended.

[Approved March 18, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 2.14 of the above-entitled act, being section 2825.02 N. C. L. 1931-1941 Supplement, is hereby amended to read as follows:

      Section 2.14.  “Wages” means all remuneration payable for personal services, including commissions and bonuses and the cash value of all remunerations, payable in any medium other than cash; provided, that the term “wages” shall not include:

      (1) The amount of any payment with respect to services performed after July 1, 1941, to, or on behalf of, an individual in its employ under a plan or system established by an employing unit which makes provision for individuals in its employ generally or for a class or classes of such individuals (including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for such payment), on account of (a) retirement, or (b) sickness or accident disability, or (c) medical and hospitalization expenses, in connection with sickness or accident disability, or (d) death, provided an individual in its employ (i) has not the option to receive, instead of provision for such death benefit, any part of such payment, or, if such death benefit is insured, any part of the premiums, or contributions to premiums, paid by his employing unit, and (ii) have not the right, under the provisions of the plan or system, or policy of insurance providing for such death benefit, to assign such benefit, or to receive a cash consideration in lieu of such benefit upon either his withdrawal from the plan or system providing for such benefit or upon termination of such plan or system or policy of insurance or of his services with such employing unit;

      (2) The payment by an employing unit, without deduction from the remuneration of the individual in its employ, of the tax imposed upon an individual in its employ, under section 1400 of the United States internal revenue code;

Wages

Exceptions

Contributions, payments

Contribution rate

Future rates

of the tax imposed upon an individual in its employ, under section 1400 of the United States internal revenue code;

      (3) Dismissal payments after July 1, 1941, which the employing unit is not legally required to make. The reasonable cash value of remuneration payable in any medium other than cash shall be estimated and determined in accordance with rules prescribed by the executive director.

      Sec. 2.  Section 7 of the above-entitled act, being section 2825.07 N. C. L. 1931-1941 Supplement, is hereby amended to read as follows:

      Section 7.  (a) Payment.  (1) On and after January 1, 1937, contributions shall accrue and become payable by each employer for each calendar quarter in which he is subject to this act, with respect to wages payable for employment occurring during such calendar quarter; provided, that such contributions shall not accrue and become payable with respect to that part of the remuneration which, after remuneration equal to three thousand dollars ($3,000) becomes payable to an individual by an employer with respect to employment during and for any calendar year, becomes payable to such individual by such employer with respect to employment during the calendar year 1947, and during each calendar year thereafter. Such contributions shall become due and be paid by each employer to the executive director for the fund in accordance with such regulation as the executive director may prescribe, and shall not be deducted, in whole or in part, from the wages of individuals in such employer’s employ.

      (2) In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent.

      (b) Rate of Contribution.  Each employer shall pay contributions equal to the following percentages of wages payable by him with respect to employment:

      (1) One and eight-tenths per centum with respect to employment during the calendar year 1937;

      (2) With respect to employment after December 31, 1937, two and seven-tenths per centum, except as otherwise prescribed in subsection (c) of this section.

      (c) Future Rates Based on Benefit Experience.  The executive director shall, for the period of six months commencing July 1, 1945, and for the calendar year commencing January 1, 1946, and for each calendar year thereafter, classify employers in accordance with their actual pay rolls, contribution, and benefit experience, and shall determine for each employer the rate of contribution which shall apply to him throughout the six months’ period commencing July 1, 1945, and for each calendar year thereafter, in order to reflect said experience and classification.

and for each calendar year thereafter, in order to reflect said experience and classification. In making such classification, the executive director shall take account of the degree of unemployment hazard shown by each employer’s experience, and of any other measurable factors which he finds bear a reasonable relation to the purposes of this subsection. For the purpose of a study, benefits paid to an individual since January 1, 1939, shall be immediately charged against the accounts of his employers, and hereafter charged currently against his employer’s accounts; provided, however, no benefits paid to a claimant on the basis of credits retained on account of military service shall be charged against an employer’s accounts. Such rates shall be computed on the pay roll, contribution, and benefit experience of the employer for not less than thirty-six consecutive calendar months immediately preceding the computation date, which date shall be not more than twenty-seven weeks prior to the effective date of the new rate. He may apply such form of classification or rating system which in his judgment is best calculated to rate individually and most equitably the employment risk of each employer and to encourage the stabilization of employment. The general basis of classification proposed to be used for any calendar year shall be subject to fair notice, opportunity for hearing, and publication. The executive director shall determine the contribution rate applicable to each employer for any calendar year subject to the following limitations:

      (1) Each employer’s contribution rate shall be 2 7/10 per centum, unless and until there shall have been thirty-six (36) consecutive calendar months immediately preceding the computation date of the new rate, throughout which his account as an employer could have been charged with benefit payments.

      (2) Each employer eligible for a rate based upon experience and classified in accordance with this section shall be assigned a rate by the executive director for the calendar year commencing January 1, 1947, and for each calendar year thereafter, according to the following classes: Class 1, 0.5 per centum; class 2, 1.0 per centum; class 3, 1.5 per centum; class 4, 2.0 per centum; class 5, 2.7 per centum. No employer’s rate shall be varied below the 2.7 per centum rate unless, as of the preceding January 1, the total amount available for benefits in the Nevada unemployment compensation fund equals or exceeds 1.5 per centum of the total pay rolls subject to contributions under the Nevada unemployment compensation laws for the five consecutive calendar-year period ending on the above date. As used in this section the term “annual pay roll” means the total amount of wages payable by an employer for employment during a year, regardless of the time of payment.

Future rates

Rate limitations

In effect

employer for employment during a year, regardless of the time of payment.

      Sec. 3.  This act is an emergency measure and shall be effective immediately upon its passage and approval.

Malice

Murder of first degree

Second degree

Jury to find degree

Jury to fix penalty

[Assembly Bill No. 140–Messrs. Hall and Wines]

Chap. 91–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 19, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 121 of the above-entitled act, being section 10068 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 121.  Malice shall be implied when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart. All murder which shall be perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery, or burglary, or which shall be committed by a convict in the state prison serving a sentence of life imprisonment, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder of the second degree; and the jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, designate by their verdict whether it be murder of the first or second degree; but, if such person shall be convicted on confession in open court, the court shall proceed, by examination of witnesses, to determine the degree of the crime, and give sentence accordingly. If the jury shall find the defendant guilty of murder in the first degree, then the jury by its verdict shall fix the penalty at death or imprisonment in the state prison for life. Upon a plea of guilty the court shall determine the same; and every person convicted of murder of the second degree shall suffer imprisonment in the state prison for a term of not less than ten years, and which may be extended to life.

[Assembly Bill No. 69–Committee on Fish and Game]

Chap. 92–An act to provide for the acceptance of federal aid in wild-life restoration projects, assenting to the terms of the Pittman-Robertson act of the United States Congress, authorizing and empowering the fish and game commission of the State of Nevada to do certain things in relation to such federal aid, and other matters properly relating thereto.

[Approved March 20, 1947]

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

Assembly, do enact as follows:

      Section 1.  The State of Nevada hereby assents to the provisions of that certain act of Congress, being public act No. 415, 75th Congress, chapter 899, commonly known and referred to as the Pittman-Robertson act, providing federal aid to states in wild-life restoration projects.

      Sec. 2.  The state fish and game commission of the State of Nevada may, and it is hereby authorized and empowered, but not required, to do any and all things needful to obtain for the State of Nevada the benefits provided in said act of Congress.

      Sec. 3.  This act shall be in full force and effect from and after July 1, 1947.

State acceptance of act

Commission may obtain benefits

Effective date

[Assembly Bill No. 171–Messrs. MacKenzie and Whitacre]

Chap. 93–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 20, 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 8008-8097 N. C. L. 1929, inclusive, as amended, is hereby further amended by adding thereto a new section to be designated as section 4 1/2c which shall immediately follow section 49 1/2b of said act, being section 8066.02 N. C. L. 1931-1941 Supplement, which section 49 1/2c shall read as follows:

Powers of directors

In effect

      Section 49 1/2c.  The board of directors of any irrigation district, and all other officers of said irrigation district, shall have all the rights, powers, and privileges concerning said improvement districts, and lands thereof, and the proceedings herein provided for, as such board may have concerning the irrigation district of which it is a part.

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

County commissioners, cooperative agreements

Director prepare budget

Budget adopted, tax levy

[Assembly Bill No. 130–Messrs. Miller (Humboldt) and Munk]

Chap. 94–An Act to provide for continued extension work in agriculture, home economics, and rural welfare through cooperation by county, state, and federal agencies in further fulfillment of the acceptance and ratification by the State of Nevada of the provisions and benefits of the Smith-Lever act of Congress approved May 8, 1914; providing for the levying of state and county taxes and the appropriation of moneys to pay for the same, and other matters properly relating thereto.

[Approved March 20, 1947]

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

Assembly, do enact as follows:

      Section 1.  In order to provide for continued extension work in agriculture, home economics, and rural welfare in the State of Nevada, the director of agricultural extension of the pubic service division of the University of Nevada and the boards of county commissioners of any or all of the respective counties of the State of Nevada may enter into cooperative agreements and activities subject to the provisions of this act.

      Sec. 2.  The director of agricultural extension shall prepare and submit to the board of county commissioners, for each county participating, an annual financial budget covering the county, state, and federal funds cooperating in the cost of cooperative extension work in agriculture and home economics. Such budget shall be adopted by the board of county commissioners and certified as a part of the annual county budget, and the county tax levy provided for agricultural extension work in the annual county budget, shall include a levy of not less than one cent on each one hundred dollars of taxable property; provided, that if the proceeds of said county tax levy of one cent are insufficient to meet the county’s share of such cooperative agricultural extension work, as provided in said combined annual financial budget, the county commissioners may, by unanimous vote, levy an additional tax so that the total in no instance shall exceed five cents on each one hundred dollars of the county tax rate.

additional tax so that the total in no instance shall exceed five cents on each one hundred dollars of the county tax rate. The proceeds of such tax shall be placed in the agricultural extension fund in each county treasury and shall be paid out on claims drawn by the agricultural extension agent of said county as designated by the director of agricultural extension, when approved by said director of agricultural extension and countersigned by the comptroller of the University of Nevada. A record of all such claims approved and paid, segregated by counties, shall be kept by the comptroller of the University of Nevada. The cost of maintaining such record shall be paid from state funds hereinafter provided by this act. The state’s cooperative share of the cost of such agricultural extension work, as entered in said budget described in this section, shall not be more than a sum equal to the proceeds of one cent of such county tax rate; provided, that when the proceeds of a one-cent tax rate are insufficient to carry out the provisions of the budget previously adopted, the agricultural extension director is authorized to supplement said state cooperative share from such funds as may be made available in the public service division fund of the University of Nevada.

      Sec. 3.  A certified copy of the county extension work budget as adopted and approved, as provided in section 2 of this act, within ten days after its approval by the board of county commissioners, shall be filed with the comptroller of the University of Nevada. Necessary modifications thereof, involving county and state funds, due to leave of absence without pay, resignations, changes in salary, dismissals, or employment of any cooperative agent, variations in expense accounts, or otherwise, not involving increase in the total expenditures provided to be paid from such funds, and consistent with the purposes of this act, may be made by filing with the comptroller of the University of Nevada, and the board of county commissioners, a revised budget, approved by the director of agricultural extension and countersigned by the comptroller of the University of Nevada.

      Sec. 4.  To provide the sums currently needed for state cooperation in extension work contemplated by this act, appropriations shall be authorized by the state legislature and shall be placed in the public service division fund of the University of Nevada. The total of all sums so appropriated shall never be less than the computed proceeds of a one and one-half cent state tax levy, and a sufficient levy for that purpose shall be made annually.

      Sec. 5.  All moneys authorized to be appropriated as mentioned in section 4 of this act shall be expended under the direction of the director of agricultural extension to the extent of the financial budget for cooperation between the state and respective counties provided for in section 2 of this act.

Extension fund

Record of claims

State’s cooperative share

Copy of budget filed

Modifications

State appropriation placed in fund

Moneys expended by director

Counties eligible

Property previously acquired

Contracts remain in force

1947 budgets in effect

Disposition of balances

extent of the financial budget for cooperation between the state and respective counties provided for in section 2 of this act.

      Sec. 6.  Any county in the state which has agreed or shall agree to participate in cooperative work in agricultural extension under the provisions of this act or acts previously passed by the legislature and approved by the governor shall by the provisions hereof come under this act.

      Sec. 7.  All supplies, materials, equipment, property, or land acquired for the use of county agricultural extension offices under the provisions of that act of the legislature known as “An act to provide for cooperative agricultural and home economics extension work in the several counties in accordance with the Smith-Lever act of Congress, approved May 8, 1914; providing for the organization of county farm bureaus; for county and state cooperation in support of such work; making an annual appropriation therefor, levying a tax and for other purposes,” approved April 1, 1919, as amended, shall remain the property of the county extension offices set up under the provisions of this act; and provided particularly that any and all contracts for the purchase of equipment or property, or land of any type or description made thereunder shall remain in full force and effect until the completion of such contract.

      Sec. 8.  On and after the effective date of this act, the director of agricultural extension service of the University of Nevada is hereby directed to carry out, until December 31, 1947, the requirements of agricultural extension work as contemplated in the county farm bureau budgets, approved by the agricultural extension service and various boards of county commissioners for the calendar year of 1947; provided, that the agricultural extension director, with approval of the board of regents of the University of Nevada, shall be authorized to use such moneys as remain in the various county farm bureau funds in the state treasury, together with the remittances received by the state treasurer from the August 1947 tax collections, to carry out the requirements of the county farm bureau budgets. Any balances remaining on December 31, 1947, in the state treasury to the credit of the various respective county farm bureau funds, shall be transferred by warrant drawn by the state controller upon the state treasurer, to the county agricultural extension fund of each such county, provided, however, that the balances remaining on December 31, 1947, in the state one-cent-farm-bureau-tax fund, heretofore levied, as shown by the books of the agricultural extension service of the University of Nevada, shall be transferred, by warrant drawn by the state controller upon the state treasurer, to the agricultural extension fund of the public service division of the University of Nevada, to be used as heretofore directed.

extension fund of the public service division of the University of Nevada, to be used as heretofore directed.

      Sec. 9.  All acts and parts of acts in conflict herewith are hereby repealed.

Repeal

[Assembly Bill No. 147–Mr. Smith]

Chap. 95–An Act to amend an act entitled “An act to create a state contractors board; defining the powers and duties of said board; defining contractors and providing for the licensing of contractors; fixing the fees for such licenses; providing the method of suspension and cancellation of such licenses; prescribing a penalty for the violation of this act and other matters properly relating thereto,” approved March 31, 1941.

[Approved March 20, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 4 of article III of the above-entitled act, being section 1474.16 N. C. L. Supp. 1931-1941, is hereby amended to read as follows:

      Section 4.  This act does not apply to owners of property building or improving structures thereon for the sole occupancy of such owner and not intended for sale or lease.

      Sec. 2.  Section 9 of article III of the above-entitled act, being section 1474.21 N. C. L. Supp. 1931-1941, is hereby amended to read as follows:

      Section 9.  This act does not apply to owners of property, the primary use of which is as an agricultural or farming enterprise, building or improving structures thereon for the use or occupancy of said owner, and not intended for sale or lease.

      Sec. 3.  Section 3 of article VIII of the above-entitled act, being section 1474.35 N. C. L. Supp. 1931-1941, is hereby repealed.

      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.

Act inapplicable, when

Act inapplicable, when

Act repealed

Repeal

In effect

Judge may order publication of summons

Supplemental service

Repeal

In effect

[Senate Bill No. 15–Senator Loomis]

Chap. 96–An Act providing for service by publication upon defendants in certain cases in actions which relate to real or personal property situate in this state.

[Approved March 20, 1947]

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

Assembly, do enact as follows:

      Section 1.  In any action which relates to, or the subject of which is, real or personal property in this state in which such person defendant or corporation defendant has or claims a lien or interest, actual or contingent, therein, or in which the relief demanded consists wholly or in part excluding such person or corporation from any interest therein, and the said defendant resides out of the state or has departed from the state, or cannot after due diligence be found within the state, or conceals himself to avoid the service of summons, the judge or justice may make an order that the service be made by the publication of summons; said service by publication shall be made in the same manner as now provided by statute in all cases of service by publication.

      Sec. 2.  Service of summons provided for in this act shall be considered as a supplemental manner of service, and nothing in this act shall be construed to limit or abrogate any manner of service of summons now provided for by law.

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

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

Douglas County salaries

[Senate Bill No. 103–Senator Settlemeyer]

Chap. 97–An Act fixing the salaries and compensation of certain officers of Douglas County, Nevada, 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 20, 1947]

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

Assembly, do enact as follows:

      Section 1.  On and after the second day of April 1947 the following-named officers of Douglas County, Nevada, shall receive the following salaries and compensation in full payment for the services rendered by them:

      The sheriff, for services as sheriff, shall receive the sum of two thousand forty ($2,040) 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 sheriff, and includes compensation for all traveling and mileage expenses which may be incurred by the sheriff in the discharge of his official duties as such within the county. The sheriff, as ex officio county assessor, shall receive the sum of one thousand two hundred thirty-three ($1,233) dollars per annum, payable in twelve monthly installments, as full and complete compensation for all services rendered as ex officio county assessor and for all traveling and mileage expenses of such officer. The 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.

      The county clerk, for services as county clerk, shall receive the sum of one thousand eight hundred fifty ($1,850) dollars per annum, and for services as ex officio county treasurer said officer shall receive the sum of one thousand four hundred fifty ($1,450) dollars per annum, both sums 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 county clerk and ex officio county treasurer and for all traveling and mileage expenses of such officer which may be incurred by him in the discharge of his official duties as such within the county.

      The county recorder, for services as county recorder, shall receive the sum of one thousand fifty ($1,050) dollars per annum, and for services as ex officio county auditor said officer shall receive the sum of one thousand fifty ($1,050) dollars per annum, both sums payable in twelve monthly installments. Said sums 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 county recorder and ex officio county auditor and for all traveling and mileage expenses of such officer which may be incurred by him in the discharge of his official duties as such.

      The district attorney, for services as district attorney, shall receive the sum of one thousand eight hundred ($1,800) dollars per annum, payable in twelve monthly installments. Said sum shall be in full payment and compensation for all services now required or which may hereafter be required by law to be performed by such officer and for all traveling and mileage expenses which may be incurred by the district attorney in the discharge of his official duties as such within the county.

Sheriff salary

Ex officio assessor salary

May appoint deputies

Clerk salary

Ex officio treasurer salary

Recorder salary

Ex officio auditor salary

District attorney salary

County commissioners salaries

Fees and commissions paid to county

Repeal

Effective date

attorney in the discharge of his official duties as such within the county. The said district attorney shall prosecute all criminal cases and attend the trials of the same at any place in Douglas County, and also attend to and be the legal advisor for said county.

      The county commissioners of Douglas County shall receive the sum of six hundred ($600) dollars per annum each, payable quarterly on the last day of March, June, September, and December, and mileage at the rate of fifteen cents (15¢) per mile in going to the county seat when attending a session of the board.

      All fees and commissions collected by the above-named officers in the performance of their respective duties as such officers shall be paid into the county treasury each month and no salary shall be allowed or paid to an officer for any month unless all such fees and commissions collected by such officer have been paid into the county treasury and an itemized statement of all fees and commissions collected by such officer during such month has been made, certified under oath, and filed by the said officer with the county clerk.

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

      Sec. 3.  This act shall become effective on and after the second day of April 1947.

Title amendment

[Senate Bill No. 55–Senator Loomis]

Chap. 98–An Act to amend the title and the act entitled “An act regulating the practice of medicine, surgery and obstetrics in the State of Nevada; providing for the appointment of a state board of medical examiners and defining their duties; providing for the issuing of licenses to practice medicine; defining the practice of medicine; defining certain misdemeanors and providing penalties, and repealing all other acts, or parts of acts, in conflict therewith,” approved March 4, 1905.

[Approved March 20, 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, being sections 4090-4107, inclusive, N. C. L. 1929, is hereby amended to read as follows: “An act regulating the practice of medicine, surgery and obstetrics in the State of Nevada; providing for the appointment of a state board of medical examiners and defining their duties; providing for the issuing of licenses to practice medicine; providing for the issuing of temporary permits; defining the practice of medicine; defining certain misdemeanors and providing penalties, and repealing all other acts, or parts of acts, in conflict therewith.”

temporary permits; defining the practice of medicine; defining certain misdemeanors and providing penalties, and repealing all other acts, or parts of acts, in conflict therewith.”

      Sec. 2.  The above-entitled act is hereby amended by inserting therein a new section to be known as section 21 to follow immediately after section 20 of said act, section 20 being section 4107 N. C. L. 1929, to read as follows:

      Section 21.  The Nevada state board of medical examiners (hereinafter referred to as the board) shall have the authority in its discretion to issue permits to any properly qualified applicant to serve as resident medical officer in any hospital in Nevada subject to the provisions of this section.

      (1) He shall practice medicine and surgery only within the confines of the hospital specified on his permit and under the supervision of the regular hospital medical staff. He shall be a graduate of an accredited medical school of the United States or Canada or its equivalent, as judged by the board. He shall be of good moral character. The board shall have in its possession, before granting any permit to an individual, a letter from a hospital in Nevada, requesting issuance of a permit to serve as a resident medical officer to that individual.

      (2) Such permits will in general be issued at the stated meetings of the board, but the president and secretary of the board shall have power to jointly issue permits between meetings of the board, and these permits will be subject to approval or disapproval at the next subsequent meeting of the board.

      (3) The duration of the permit shall be determined by the board but shall in no case be in excess of one year. It shall be renewable at the discretion of the board.

      (4) The permit to serve as resident medical officer shall not entitle the holder to engage in the private practice of medicine, surgery, or obstetrics as defined in this act.

      (5) Any permit granted under authority of this section can be revoked by the board at any time for reasons deemed sufficient by the board.

      (6) The board shall hereby be empowered to formulate any rules and regulations, subject to the provisions of this section, for carrying out its purposes.

      (7) The issuance of a permit to serve as resident medical officer shall in no way obligate the board to grant any regular license for the practice of medicine, surgery, and obstetrics in Nevada.

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

Board may issue permits

Limitation of practice

Permits issued, when

Duration

No private practice

Revoked

Rules

License not obligatory

In effect

Officers, appointive, ex officio, enumeration of; compensation; bonds

[Senate Bill No. 84–Senator Baker]

Chap. 99–An Act to amend an act entitled “An act to incorporate the town of Las Vegas, in Clark County, and defining boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1911, as amended.

[Approved March 22, 1947]

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

Assembly, do enact as follows:

      Section 1.  Section 5 of chapter II of the above-entitled act, as amended by chapter 50, Statutes of Nevada 1945, is hereby amended to read as follows:

      Section 5.  Officer, Appointive and Ex Officio, Enumeration of-Compensation-Bonds.  The county treasurer and ex officio tax collector of the county of Clark shall be an ex officio treasurer and tax receiver of the city of Las Vegas; the county assessor of the county of Clark shall be an ex officio assessor of the city of Las Vegas; the city clerk of the city of Las Vegas shall be ex officio license fee collector and ex officio garbage removal and disposal fee collector of said city, and the board of commissioners shall allow each of said officers such deputies, assistants, or clerks, as in their judgment the volume of work in each of said offices may require; such deputies, assistants, or clerks to receive such compensation as may be fixed from time to time by said board of city commissioners. The county treasurer, as ex officio tax receiver of the city of Las Vegas, and the county assessor of the county of Clark, as ex officio assessor of the city of Las Vegas, shall each receive as compensation, fifty dollars ($50) per month.

      The county treasurer and county assessor of the county of Clark shall be liable on their official bonds for the faithful discharge of the duties imposed on them by this act. The compensation of the appointive officers shall be fixed, allowed, and paid by the board of commissioners out of such city funds as the board may designate. Any one or more of such appointive officers may, in the discretion of the city manager be combined and the duties thereof be discharged by one person. All county officers acting as city officers ex officio, and all other officers of the city, may act in the same manner and with like effect by their regularly appointed deputies.

      Sec. 2.  Section 29 of chapter II of the above-entitled act, as amended by chapter 50, Statutes of Nevada 1945, is hereby amended to read as follows:

      Section 29.  The municipal court shall be presided over by a municipal judge who shall be a citizen of the state and resident of the said city for not less than one year, and who shall be a qualified elector of said city.

shall be a qualified elector of said city. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justice of the peace, wherein any person or persons are charged with a breach or violation of the provisions of any ordinance of said city or of this act, or of a violation of a municipal nature, and the said court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of the said city, and be governed by the same rules and receive the same fees as are now or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury. The said court shall have jurisdiction to hear, try, and determine all cases whether civil or criminal, for the breach or violation of any city ordinance or any provision of the charter of a police nature, and shall hear, try, and determine, acquit, convict, commit, fine, punish, or hold to bail in accordance with the provisions of such ordinances or of this charter. The practice and proceedings of the said court shall conform, as nearly as practicable, to the practice and proceedings of the justice courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or by the payment thereof enforced by imprisonment in the city jail of said city at the rate of one day for every two dollars of such fine, or said court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets of said city at a rate of two dollars for each day of the sentence which shall apply on such fine until the same shall be exhausted or otherwise satisfied. Said court shall have jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed three hundred dollars; also, actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessment where the principal sum claimed does not exceed three hundred dollars; also, of any action for the collection of any money payable to the city from any person when the principal sum claimed does not exceed three hundred dollars; and any action for damage in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from said court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also, the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment, or levy shall necessarily be an issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided for by law for certifications of causes by justice courts.

Residence qualification of municipal judge

Jurisdiction

Practice conform to justice courts

Jurisdiction re taxes

Exception

Powers

Docket

Judge disqualified, who may act

levy shall necessarily be an issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided for by law for certifications of causes by justice courts. The said court shall have jurisdiction of the following offenses committed within the city which either violates the peace and good order of the city or the peace and quietude of an individual or individuals, or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, driving any vehicle while under the influence of intoxicating liquors, fighting, quarreling, dogfights, cockfights, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive, or opprobrious conduct and all offenses under ordinances of the city. The said court shall be treated and considered as a justice court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs, and process necessary to a complete and effective exercise of the powers and jurisdiction of said court, and may punish for contempt in like manner and with the same effect as is provided by the general law for justice of the peace. The municipal judge shall keep a docket in which shall be entered all official business in like manner as in justice courts. He shall render monthly or oftener, as the commissioners may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed and uncollected, since his last report, and shall at the same time render and pay unto the city clerk all fines collected and moneys received on behalf of the city since his last report. In all cases in which the municipal judge shall by reason of being a party, or being interested, or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence, or inability to act, any justice of the peace of said county, or any person who is a citizen of the state and a qualified voter and resident of the said city for not less than one year, on the written request of the mayor, may act in the place and stead of such municipal judge, and the commissioners shall have the power to apportion ratably the salary or compensation of such municipal judge to such person so serving, and deduct the sum so apportioned from the salary of such municipal judge, provided, that the commissioners shall not apportion ratably the salary or compensation of the municipal judge to such person so serving, and deduct the sum so apportioned from the salary of the municipal judge, for a period of absence on leave or vacation authorized by the commissioners, and, in that event, the person so serving in the place and stead of the municipal judge shall receive such compensation as the commissioners shall prescribe.

authorized by the commissioners, and, in that event, the person so serving in the place and stead of the municipal judge shall receive such compensation as the commissioners shall prescribe. Appeals to the district court may be taken from any final judgment of said municipal court in the same manner and with the same effect as in cases of appeal from justice courts in civil and criminal cases, as the case may be. All warrants issued by the municipal court shall run to any sheriff or constable of the county or the marshal or policeman of the city.

      Sec. 2a.  Section 30 of chapter 11 of the above-entitled act, is hereby amended to read as follows:

      Section 30.  All proposed ordinances shall first be read by title to the board of commissioners, at a regular meeting, or special meeting called for that purpose, and then referred to a committee for consideration. The committee shall report said ordinances back to the board of commissioners at the next regular meeting, or at a special meeting called for that purpose, when said ordinances shall be read in full as first introduced, or if amended by the committee, as so amended, and shall be approved or disapproved as so read. All ordinances, when approved, shall be signed by the mayor and attested by the city clerk and be published in full, together with the names of the commissioners voting for or against such approval, once a week for two successive weeks immediately following such approval in a newspaper published in said city. Said ordinances shall again be read in full at the next regular meeting or at a special meeting called for that purpose, following the last publication, and shall become effective upon their final passage by the board at said meeting; provided, that in cases of emergency, by the unanimous consent of the whole board, all proposed ordinances shall be read in full when first introduced at a regular meeting, or special meeting called for that purpose, and shall be approved or disapproved as so read, or if amended, adopted as amended, and such ordinances shall be designated as “emergency ordinances.” All emergency ordinances shall be signed by the mayor and attested by the city clerk, and be published in full, together with the names of the commissioners voting for or against their passage, once a week for two successive weeks immediately following said passage, in a newspaper published in said city, and shall become effective immediately following the last publication thereof.

      The board may at any time make an order for the revision of the ordinances of said city. Such revision may include amendments, changes, and additions to existing ordinances. The proposed revision of ordinances shall first be adopted by the board after the same has been read in full at a regular meeting or at a special meeting called for that purpose, and shall be signed by the mayor and attested by the city clerk.

Appeals

Ordinances, how proposed, passed

Exception in emergency

Revision of ordinances

Revision of ordinances

Ordinances not published, when

Powers

Legislative

shall be signed by the mayor and attested by the city clerk. When such a revision of ordinances shall be so approved, signed, and attested, and at least fifty copies thereof shall have been printed or typewritten in book or pamphlet form and not less than three copies thereof are filed in the office of the clerk of said city, and a notice referring to such revision, adoption, and filing shall have been published once a week for two successive weeks in a newspaper published in said city, the ordinances as contained in such revision shall become effective immediately after the last publication of such notice. It shall not be necessary to publish such revision in a newspaper. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher and said book or certified copy of the ordinance therein recorded in the name of the city shall be received as prima-facie evidence in all courts and places without further proof, or if published in book or pamphlet form by the authority of said board of commissioners they shall be so received.

      An ordinance adopting any specialized or uniform building or plumbing or electrical code, or codes, printed in book or pamphlet form, or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city of Las Vegas, and with such other changes as may be desirable, by reference thereto, such ordinance need not be published as required in the above portion of this same section, if three (3) copies of such code, either typewritten or printed with such changes, if any, shall have been filed for use and examination by the public in the office of the city clerk at least one week prior to the passage of the ordinance adopting said code. Notice of such filing shall be given daily in a newspaper in the city of Las Vegas at least one week prior to the passage of the ordinance adopting said code.

      Sec. 3.  Section 31 of chapter II of the above-entitled act, as amended in chapter 155 Statutes of Nevada 1939, is hereby further amended to read as follows:

      Section 31.  The said board of commissioners shall have the power:

      1.  To make and pass all ordinances, resolutions, and orders, not repugnant to the constitution or statutes of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city, and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper;

provided, that the punishment of any offense shall be by a fine in any sum not to exceed five hundred ($500) dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment, and in addition thereto the punishment may include any other penalty provided by statute for the same or similar offense against the statutes of the State of Nevada.

      2.  To control the finances and property of the corporation.

      3.  To appropriate the same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.

      4.  To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.

      5.  Subject to the general laws of the state relating to the issuance of bonds by municipalities, to borrow money on the credit of the city for corporation purposes, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board of commissioners shall determine; and the board may secure the payment of any bonds of the city by making them preferred lien against the real or other property of the city; provided, that said city shall not issue nor have outstanding at any time bonds to an amount in excess of 20 percent of the total valuation of the taxable property within its limits, as shown by the last preceding tax list or assessment roll, nor shall said city have issued or outstanding at any time warrants, certificates, scrip, or other evidence of indebtedness, excepting the bonded indebtedness, in excess of 2 percent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, or loaning its credit for procuring supplies of water.

      The said board shall provide for the payment of interest on such bonds as the same shall become due, and for a sinking fund for the payment of the principal within twenty years after issuing same. The board shall have the power to acquire or establish municipal water works, municipal power plants, municipal swimming pools, or any public utility, only in the manner herein provided.

      The board shall issue a proclamation which shall set forth briefly the supply of water, municipal water works, the municipal power plant, municipal swimming pool, or other public utility proposed to be acquired or established, the estimated cost thereof as shown by the report provided by the board and mayor, or an engineer or party theretofore appointed by the board for that purpose, the proposed bonded indebtedness to be incurred therefor, the terms, amount, rate of interest, and time within which redeemable, and on what fund.

Fiscal

Borrow money

Bond limit

Scrip limit

Redemption

Utilities

Notice of intention

Direct action

Special election

Ordinance valid, when

May abandon plan

and on what fund. Such proclamation shall be published in full at least once a week for three consecutive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which said board will pass an ordinance providing for the acquiring or establishment thereof and the issuance of the bonds therefor.

      At the first regular meeting of the board, or any recess or adjournment thereof, after the completion of said publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to the vote of the electors of said city; provided, however, that if a petition shall be presented to said board signed by qualified electors of said city equal in number to at least 10 percent of the number of votes cast in said city for representative in Congress at the last preceding general election, and as shown by the last preceding registration list, asking for a special election upon the question of whether or not the proposed ordinance shall be passed, then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast.

      Any ordinances thus passed providing for the acquiring or establishment of such municipal water works, municipal power plant, municipal swimming pools, or other public utility shall be valid (1) if passed by said board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by said board by a majority vote in favor of said ordinance. The petition for an election herein referred to may be filed with said board at any time prior to the date of meeting set in said published notice; provided, however, that said board may submit such question to the vote of a special election if the board finds it convenient to do so; provided further, however, that even though no such petition be filed, or if at such election the question is carried by such majority vote, the said board may, in its discretion, abandon and discontinue all such proceedings to acquire or establish such municipal water works, municipal power plant, electrical or otherwise, municipal swimming pool, or other public utility upon adoption of a resolution to the effect that such board does not at such time deem it to the best interest of said city to acquire or establish such municipal water works, municipal power plant, electrical or otherwise, municipal swimming pool, or other public utility.

      In addition to the powers elsewhere conferred upon said board they shall also have the power, for the purpose of constructing sewerage systems, storm drains and storm sewers, including disposal plants within the said city and waste mains therefrom, and said board is hereby authorized to issue bonds therefor not to exceed in the aggregate the sum of one million ($1,000,000) dollars, which said bonds shall be of convenient denominations, ranging from one hundred dollars to one thousand dollars, and shall bear interest at the rate of not more than 7 percent per annum, the interest on each bond to be payable semiannually.

board they shall also have the power, for the purpose of constructing sewerage systems, storm drains and storm sewers, including disposal plants within the said city and waste mains therefrom, and said board is hereby authorized to issue bonds therefor not to exceed in the aggregate the sum of one million ($1,000,000) dollars, which said bonds shall be of convenient denominations, ranging from one hundred dollars to one thousand dollars, and shall bear interest at the rate of not more than 7 percent per annum, the interest on each bond to be payable semiannually. Said bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed upon any payment of any installment of interest on the bonds without injury to the bonds. The bonds shall be signed by the mayor and countersigned by the city clerk, and shall be distinctively known as “Las Vegas Sewerage Bonds.”

      Before issuing said bonds, the said board shall publish a notice at least once a week for at least three consecutive weeks in some daily or triweekly newspaper published in the said city calling for a special election by the regularly qualified electors of the city whether such bonds shall issue. Such notice shall state consecutively the amount of the proposed bond issue, the rate of interest bonds are to bear, time and manner of their payment, and that they are for the construction of a sewerage system, storm drains, storm sewers and/or sewage disposal plant as the case may be. Every such notice given prior to May 6, 1947, but which otherwise conforms with the requirements of this provision, shall be deemed to be properly given and valid in all respects. The board shall cause a sufficient number of ballots to be printed which shall bear the words: “Sewerage Bonds-Yes” and “Sewerage Bonds-No” printed thereon in parallel lines one above the other. The voter will scratch out the word “Yes” if opposed to the bonds, and the word “No” if in favor of the issue. The election shall be conducted and the votes announced in all several particulars as in other elections.

      If the majority of the votes cast are in favor of the issuance of the bonds, the said board of commissioners shall proceed at once to issue them as rapidly as needed in conformity with the provisions of this act. Said board may submit such question to the vote of the electors at a general city election instead of a special election if the board find it convenient so to do, in which event said notice, instead of calling for special election, shall specify that such question shall be voted on at the next general city election and such question shall, in the form above provided, be placed upon the general ballot at such general city election.

Sewerage bonds

Election

Tax levy

Fund

Other powers

Licenses

placed upon the general ballot at such general city election.

      Said bonds shall be sold at not less than their par value and shall be redeemable in the order of their issuance within twenty-five years from the date of issue. The said board shall provide for the payment of said bonds and the interest thereon at the time of regular tax levy for state and county and city purposes by levying an additional tax upon the property, real and personal, within the limits of the city sufficient in their judgment to pay the interest upon said bonds semiannually as it becomes due, and the principal at such rate as will redeem all of the bonds within twenty-five years from the date of their issue in which case the twenty-five years shall begin to run from the date of the particular bond to be paid. The said taxes shall be assessed and collected the same as other taxes paid to the county treasurer, and by him placed in a fund to be known as the “Las Vegas Sewerage Fund.” All sewerage systems constructed under the provisions of this act shall be constructed under the supervision and control of the said board. The material may be purchased and work caused to be done directly by the board, or it may advertise for plans and specifications and bids for construction as they may see fit.

      6.  To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation of or refunding of the same.

      7.  To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require.

      8.  To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city, and to regulate the same by ordinance. All such licenses, fees, and taxes shall be uniform in respect to the class upon which they are imposed.

      9.  To fix the amount of licenses and the terms and manner of their issuance.

      10.  To fix, impose, and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions, and business, conducted in whole or in part within the city, including all theaters, theatrical, or melodeon performances and performances of any, every, and all kinds for which an admission fee is charged; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements; provided, upon written application of any executive officer of any local post or unit of any national organization of ex-service men, acting in his official capacity, such license or licenses shall be issued without charge for not to exceed two weeks in any calendar year, where the local post or unit is to participate in such show or the proceeds thereof.

      To fix, impose, and collect a license tax on and regulate all taverns, hotels, auto camps, restaurants, chophouses, cafes, saloons, eatinghouses, lunch counters, barrooms, games and gaming houses, lodginghouses, accommodating four or more lodgers, manufacturers, laundries, livery stables, garages, automobiles and motor sales agencies, vulcanizing shops, battery service shops, sales stables, cattle or horse corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed brickyards, manufacturers of concrete blocks, street railway companies operating in whole or in part within the city.

      To fix and impose and collect a license tax on and regulate auctioneers, stockbrokers, and stock exchanges.

      To fix, impose, and collect a license tax on, regulate, prohibit, or suppress barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state.

      To fix, impose, and collect a license tax on, regulate, prescribe the location of, or suppress all barrooms, street fakers, street peddlers, except those above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brickyards, livery, feed or sale stables, cattle or horse corrals, foundries and machine shops. To prohibit and suppress all dog fights, prize fights, cockfights, bear, bull or badger baits, sparring and sparring contests.

      Within said city and within one mile outside of the city limits to regulate, prohibit, and prescribe the location of and suppress all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places to which persons resort for lewd or lascivious purpose or purposes of lewdness or prostitution, including dancehouses having special attractions, such as music or otherwise; to license and regulate gambling as allowed by law, and to prohibit gambling in all its various forms.

      To fix, impose, and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of any, every, and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, ice dealers, refrigerating plants, ice manufacturers, sewing machine agents, marble and stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, when separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, newspapers or publications, advertising agencies, insurance companies, building and loan associations and companies, fire, life, and accident insurance companies, and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue or balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water, and power companies, bankers, brokers, brokers of any, every, and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry goods stores of every and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards, and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, and all and singular each, every, and any business, and all trades and professions, including attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation, or profession.

Licenses

Public morals

Trades, professions, business

Trades, professions, business

Dogs

Taxicabs

Hotel runners

companies, and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue or balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water, and power companies, bankers, brokers, brokers of any, every, and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry goods stores of every and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards, and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, and all and singular each, every, and any business, and all trades and professions, including attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation, or profession.

      11.  To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose, and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, taxis, express wagons, drays, job wagons and other public vehicles, and to regulate their charges, and to require schedule of charges to be posted in or upon such public vehicles. To fix, impose, and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns and other businesses.

      12.  To lay out, establish, open, alter, widen, extend, grade and regrade, narrow, repair, vacate or otherwise improve streets, alleys, avenues, sidewalks, parks, and public grounds, and by ordinance, resolution, or order require and provide for the macadamizing, concreting, oiling, curbing, and recurbing, grading and regrading, graveling, paving and repaving, draining, cleaning, repairing, lighting and relighting, surfacing or resurfacing the same.

and regrade, narrow, repair, vacate or otherwise improve streets, alleys, avenues, sidewalks, parks, and public grounds, and by ordinance, resolution, or order require and provide for the macadamizing, concreting, oiling, curbing, and recurbing, grading and regrading, graveling, paving and repaving, draining, cleaning, repairing, lighting and relighting, surfacing or resurfacing the same.

      13.  To plant or direct and regulate the planting of ornamental shade trees, in, along, and upon streets, avenues, sidewalks, parks, and public grounds.

      14.  To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.

      15.  To prevent and remove obstructions and encroachments upon the same.

      16.  To provide for and regulate crosswalks, curbs, and gutters.

      17.  To name streets, avenues, or other public places, and to change the names thereof.

      18.  To regulate or prohibit traffic and sale upon the streets, sidewalks, and in public places.

      19.  To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep sidewalks in front or along the same, free from snow and other obstructions.

      20.  To regulate and prevent the throwing or disposing of ashes, offal, dirt, garbage, or any offensive matter, in, and to prevent injury or obstruction to, any street, avenue, alley, park, or public grounds.

      20a.  To provide for the collection, removal, hauling, conveying, transporting or disposal of garbage, rubbish, dirt, ashes, offal, refuse, dead animals, and any offensive matter from public or private property by contract or otherwise; to regulate the collection, removal, hauling, conveying, transporting, disposal, or burning of the same, and to prohibit such collection, removal, hauling, conveying, transporting, disposal, or burning by any person or persons other than the city or its duly authorized contractor and his or its agents, servants, and employees; and to fix, impose, and collect a charge and fee to be paid by the occupants or owners of premises from which such collection, removal, hauling, conveying, transporting, and disposal is made.

      21.  To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, signposts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting hand bills or advertisements.

      22.  To regulate or prevent the flying of flags, banners, or signs across the street, or from buildings.

      23.  To regulate or prohibit the exhibition, distribution, or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.

Streets and alleys established, etc.

Garbage removal

Streets and alleys, regulation of

Streets and alleys, regulation of

Railroads, etc.

carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.

      24.  To regulate the speed of horses and other animals, bicycles, automobiles, and other conveyances, and vehicles, and cars and locomotives within the city limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding in the streets, alleys, avenues, and public places.

      25.  To compel persons to fasten animals attached to vehicles standing or remaining on the streets, alleys, avenues, and public places.

      26.  To regulate or prohibit any public demonstrations and processions.

      27.  To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets, or on the sidewalks, or to frighten teams or horses.

      28.  To regulate the ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements, or otherwise, and to prevent all orations, harangues, loud outcries, performances, and devices tending to the collection of persons on the streets or sidewalks.

      29.  To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.

      30.  To permit, regulate, or prohibit the location, construction, or laying of the tracks of any railroad or tramway in any street, alleys, avenue, or public place, and to grant franchises to persons or corporations to lay, maintain, and operate in, upon, along, through, or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks and connecting and terminal tracks.

      30a.  To require every railroad and street railway company to keep the streets in repair between the tracks and along and within two feet upon each side of the tracks, and to require all street railway companies to sprinkle the streets between their tracks, and for a reasonable distance on each side thereof.

      31.  To declare a nuisance and take up and remove, or to cause to be taken up and removed, the tracks of any railway which shall have been laid upon, in, along, through, or across any of the streets, alleys, avenues or public places of the city and which shall not have been operated with cars for public use for a period of one year after the laying thereof.

      32.  To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossings of streets, alleys, avenues, and public places, and to keep the same in repair within the limits of the city.

guards, crossings of streets, alleys, avenues, and public places, and to keep the same in repair within the limits of the city.

      33.  To require railroad companies to provide protection against injury to persons or property; to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such tracks may be crossed at any place on any street, alley or avenue; to compel railroad companies to make and keep open and to keep in repair ditches, drains, sewers, and culverts along and under their railroad tracks so that the natural or artificial drainage on adjacent property shall not be impaired.

      34.  To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.

      35.  To regulate the opening and use thereof for the laying of conduits, gas, or water mains, or pipes, and the building and repairing of sewers, tunnels, and drains.

      36.  To contract with, authorize or grant to any person, company, or association a franchise to construct, maintain, and operate gas, electric, or other lighting works in the city, and to give such person, company, or association the privilege of furnishing light for the public buildings, streets, sidewalks, and alleys of said city.

      37.  To provide for the lighting of streets, laying down of gas pipes, and erecting of lampposts; to regulate the use of gas, natural gas, and electric and other lights and electric power, and to regulate the inspection thereof.

      38.  To construct and maintain waterworks, gasworks, electric-light works, street railways, or bathhouses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.

      39.  To construct or authorize the construction of waterworks without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes, and drains used in or necessary for the construction, maintenance and operation of the same, and over the stream or source from which the water is taken, above the point from which it is taken, and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.

      40.  To regulate and control the water and water courses, ditches, and flumes, within or leading to the city, and to regulate and control mill privileges within the city.

      41.  To construct, purchase or lease, and maintain canals, ditches, flumes, artesian wells and reservoirs; and to purchase or lease springs, streams, or sources of water supply for the purpose of providing water for irrigation, domestic, or other public purposes; and to prevent all waste of water flowing from artesian wells, and if necessary to secure said sources of water supply, to purchase or lease the land from or upon which said water has been appropriated or applied.

Railroads, etc.

Gas, water, electricity

Public utilities, water, etc.

Public utilities, water, etc.

Plumbing

Markets and food

Inspection

Weights and measures

ditches, flumes, artesian wells and reservoirs; and to purchase or lease springs, streams, or sources of water supply for the purpose of providing water for irrigation, domestic, or other public purposes; and to prevent all waste of water flowing from artesian wells, and if necessary to secure said sources of water supply, to purchase or lease the land from or upon which said water has been appropriated or applied. Also, to purchase, acquire, or lease stock in ditch, canal, reservoir, or water companies for the purpose of providing water for such city and the inhabitants thereof.

      42.  To fix the rate to be paid for the use of water furnished by the city.

      43.  To purchase, construct, lease, rent, manage, and maintain any system or part of a system of waterworks, hydrants, and supplies of water, telegraphic fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.

      44.  To regulate the construction, repair, and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters, and plumbing; to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade, and to prescribe what qualifications shall be had by persons following said trade.

      45.  To establish markets and markethouses and to provide for the regulation and use thereof.

      46.  To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions, and regulate the selling of the same.

      47.  To provide for and regulate the inspection of meats, fruits, poultry, fish, butter, cheese, lard, vetegables, flour, meal, milk and all other provisions.

      48.  To provide for the inspection, measurement, or graduation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.

      49.  To provide for the inspection and scaling of weights and measures.

      50.  To enforce the keeping and use of proper weights and measures by vendors. To provide for and regulate the manner of weighing all food products and foodstuffs, and hay, grain, straw, ice and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures, duly tested and sealed, and appoint the necessary officers therefor.

tested and sealed, and appoint the necessary officers therefor.

      51.  To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.

      52.  To provide for and regulate the location, management, and construction of packinghouses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, soap factories, founderies, breweries, livery stables and blacksmith shops in or within one mile of the limits of the corporation.

      53.  To prohibit any offensive or unwholesome business or establishments in or within one mile of the limits of the corporation; to compel the owner of any pigsty, privy, barn, corral, sewer, or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof.

      54.  To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious, malignant diseases into the city, and to make quarantine laws and regulations and to enforce the same within the corporate limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.

      55.  To purchase, hold, and pay for lands within or without the city limits for the burial of the dead, and all necessary grounds for hospitals, and to erect, maintain, and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city; and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds; and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery ground, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.

      56.  To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons and others for default therein.

      57.  To provide for the burial of the indigent dead and to pay the expenses thereof.

      58.  To authorize the taking and to provide for the safekeeping and education, for such periods of time as may be expedient, of all children who are destitute or without proper parental care.

      59.  To establish, maintain, and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.

Nuisances

Public health

Indigents

Libraries

Fire and building control

Storage of gunpowder, etc.

Fire department

to perpetuate free libraries and reading rooms as may have been heretofore established in said city.

      60.  To define fire limits, and prescribe limits within which no buildings shall be constructed, except if it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.

      61.  To prescribe the manner of constructing stone, brick and other buildings and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.

      62.  To prevent the dangerous construction and condition of chimneys, fireplaces, hearth, stoves, stovepipes, heaters, ovens, furnaces, boilers and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in a safe condition.

      62a.  To adopt by reference and to enforce any specialized or uniform building, or plumbing or electrical code, or codes, or any other specialized or uniform code or codes of any nature whatsoever.

      63.  To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.

      64.  To regulate and prohibit the keeping of any lumber yard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.

      65.  To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof and other combustible or explosive material, and the use of lights in stables and other places, and the building of bonfires.

      66.  Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets, and other appurtenances; and to organize fire engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.

      67.  To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control or stationary engines, boilers, or steam-generating apparatus, or elevators within the corporate limits of the city.

      68.  To prohibit cruelty to animals.

      69.  To prevent the running at large in the city of poultry, hogs, sheep, goats, swine, horses, cows, or other animals; to establish and maintain a pound and to authorize the impounding, sale or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large.

      70.  To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior, and to punish the interference with any city officer in the discharge of his duty; also, to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.

      71.  To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.

      72.  To arrest, fine or set to work on the street or elsewhere all vagrants, mendicants, and persons found in said city without visible means of support or some legitimate business.

      73.  To prevent intoxication, fighting, quarreling, dogfights, cockfights, prize fights, bullfights, and also all disorderly conduct which tends to violate the peace and quietude of any individual or individuals within the city, and to provide against and to prevent the offenses of assault and battery and petit larceny; restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretense does not exceed in value the sum of fifty dollars. The provisions of this subdivision are separate and distinct from the provisions of subdivision No. 70 of this section.

Steam boilers

Animals

Public peace

Vagrants

Intoxication, etc.

Jails, etc.

Opium dens

Property

Traffic control

Maintain and defend suits

      74.  To regulate and prohibit the carrying of concealed weapons.

      75.  To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.

      76.  To punish for keeping, maintaining, or becoming an inmate of, visiting or in any way contributing to the support of any place, house, or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.

      77.  To provide for and regulate the numbering of houses and lots.

      78.  To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, either as sole owner or as tenant in common, with the county of Clark, State of Nevada, both within and without the city boundaries; and as such sole owner or as such tenant in common to improve, operate, regulate, and protect such property, and to do all other things in relation thereto which natural persons might do; provided, that the board shall not have the power to mortgage, hypothecate or pledge any property of the city for any purpose.

      79.  To erect and maintain all needful buildings for the use of the city.

      80.  Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law, and all rights of eminent domain may be exercised by the city in relation thereto.

      80a.  To authorize, by ordinance, officers of the city police department to direct all traffic in accordance with the provisions of the traffic ordinances of the city, except in times of emergency, at which times such officers may, by such ordinance, direct the traffic as public safety or public convenience may require.

      80b.  To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper court, whenever necessary in the judgment of the board of city commissioners to enforce or maintain any right of the city and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise against any property owner refusing or neglecting to pay, as assessed by the board of city commissioners, his ratable proportion of the cost of paving, grading, or otherwise improving any street or building, or any sidewalk or other improvement which benefits the property of the owner thereof.

ratable proportion of the cost of paving, grading, or otherwise improving any street or building, or any sidewalk or other improvement which benefits the property of the owner thereof. All such suits, actions, and proceedings shall be instituted, commenced, prosecuted and defended, as the case may be, by the city attorney, without additional compensation.

      80c.  To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, conduits, ditches, signal bells, warning signs, and other electrical, telegraph, and mechanical appliances in, along, over, under and across the streets, alleys, and public places; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or the extinguishment of fires, or permanently with the free use of the streets, sidewalks, alleys or public places.

      80d.  To provide punishment for and suppress the unlawful sale, storage or keeping, offering or exposing for sale or barter, manufacture, storage or keeping, or other disposal of intoxicating liquors within the said city or within one mile outside of the city limits.

      80e.  Whenever ten (10) per centum or more of the qualified voters resident within the corporate limits of the city of Las Vegas, as shown by the number of votes cast for mayor at the last preceding election at which a mayor was elected for such city, shall by petition, in writing, presented to such board, express their wish that any act be done or ordinance be passed, the board of commissioners shall cause a special election to be held as provided by law, unless the submission of such proposition or propositions, at the next general, city, county, or state election, may appear to such board more practicable and economical. At which election such proposition, or propositions, shall be submitted to the people at such general or special election, as the case may be, in a brief and concise manner so as to be readily understood by the ordinary person of common understanding, and if a special election, it shall be conducted in the manner now provided by law for the conduct of special elections; provided, however, the said board may, at its discretion, give effect to such wish by appropriate action in that behalf if within the limits of the powers granted by this charter. At the conclusion of any election at which any proposition or propositions were so submitted to the people, said board is hereby authorized, empowered, and directed to give, by such appropriate act as may be necessary, full force and effect to each, all and every choice or wish so expressed at such election if within the limits of powers granted by this charter.

      80f.  To require the construction and repair of sidewalks by the owners of abutting lots, and to construct and repair the same at city expense; provided, however, that if the expense thereof shall be paid by the city, the same shall constitute a lien upon the property and shall be paid by direct payment, special assessment, or as other city taxes are levied and collected.

Conduits, etc.

Liquor control

Initiative and referendum

Exception

Sidewalks

General powers of commissioners

Fines paid to treasurer

Duties of clerk

Deputies

by the owners of abutting lots, and to construct and repair the same at city expense; provided, however, that if the expense thereof shall be paid by the city, the same shall constitute a lien upon the property and shall be paid by direct payment, special assessment, or as other city taxes are levied and collected.

      81.  To adopt and enforce by ordinance all such regulations, in case no express provisions is in this charter made, as the board of city commissioners may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of the said city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances of any other subject of municipal control or to carry into force or effect any further powers of the city, and to do and perform any, every, and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose or intent thereof.

      Sec. 4.  Section 34 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 34.  All Fines to Go to City Treasurer.  All fines and forfeitures collected and received for the violation of ordinances and all money collected and received for licenses, permits or otherwise, shall be paid by the collecting and receiving officers into the city treasurer at such times and in such manner as is prescribed by this act or as may be prescribed by ordinance.

      Sec. 5.  Section 41 of chapter II of the above-entitled act, as amended by chapter 50, Statutes of Nevada 1945, is hereby amended to read as follows:

      Section 41.  Duties of the Clerk.  He shall countersign all contracts made in behalf of the city and every such contract or contracts to which the city is a party shall be void unless signed by the city clerk.

      The city clerk shall countersign all orders upon the treasurer in pursuance of any order or resolution of the board of city commissioners.

      He shall issue all licenses as granted by the board of city commissioners or as directed by ordinance, and shall receive and collect all license fees. He shall also receive and collect all garbage removal and disposal fees and charges, and such other fees, of any nature, as the city commission may direct by ordinance.

      The city clerk shall be allowed such deputies, assistants, or clerks as the board of city commissioners may prescribe.

      Sec. 6.  Section 44 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 44.  Duties of the City Treasurer.  The city treasurer shall receive all money belonging to the city, including all money collected and received by any office or officer of the city under the authority and by the direction of this act or any ordinance for taxes, license fees, garbage removal and disposal fees, fines, and for other purposes, and shall keep an accurate and detailed account thereof, in such a manner as provided in this act, or as the board from time to time may by ordinance direct, and he shall collect special taxes and assessments as provided by law and ordinance. He shall make a settlement with the city clerk as the board may direct, at the end of every month, and turn over all warrants, interest coupons, bonds or other evidence of indebtedness of the city, which may have been redeemed by him during the month, taking the receipt of the city clerk therefor, and all such warrants, orders or other evidence of indebtedness shall be canceled by him, and have written or stamped thereon the date of their payment or redemption.

      Sec. 7.  Section 53 of Chapter II of the above-entitled act, as amended in chapter 36, Statutes of Nevada 1935, is hereby amended to read as follows:

      Section 53.  Expenses, How Proportionately Paid.  Such part of the expenses for the installation or reinstallation, laying or relaying, or repairs of sewers or drains, or the construction or reconstruction, or repairs of disposal plants, or improving any streets, lanes, avenues, or alleys by grading or regrading, paving or repaving, graveling or regraveling, curbing or recurbing, parking or reparking, constructing or reconstructing sidewalks or crosswalks, repairing or otherwise improving the same, as the board shall determine, may be paid from the general fund or district street fund, from the proper street district, or the said cost of a portion thereof, as the board shall determine, may be defrayed by special assessment upon lots and premises abutting upon such improvement or proposed improvement, or the lands abutting upon such improvement or proposed improvement and such other lands as in the opinion of the board may be benefited by the improvement. When the board shall determine to make any public improvement, such as laying or relaying pavements, installing or reinstalling street lights, constructing, reconstructing or repairing sewers, drains, sidewalks, and crosswalks, curbing, recurbing, concreting, reconcreting, macadamizing, remacadamizing, oiling, reoiling, graveling, regraveling, grading, regrading, repairing any streets, avenues, or alleys, or in any way improving the same, and shall determine to defray the whole or any part of the costs or expenses thereof by special assessment, they shall so declare by ordinance, stating the improvements and what part or proportion of the expenses thereof shall be paid by special assessments, and what amount shall be paid out of the general fund, district street fund, or any other fund.

Duties of treasurer

Expenses, how proportionately paid

Repeal

In effect

assessments, and what amount shall be paid out of the general fund, district street fund, or any other fund.

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

      Sec. 9.  This act shall become effective immediately upon its passage and approval.

New article added

Purpose of article

Scope of article

[Senate Bill No. 5–Senator Loomis]

Chap. 100–An Act to amend an act entitled “Nevada Insurance Act,” approved March 31, 1941, by adding thereto a new article to be known as article 15a relative to the regulation of rates for certain casualty insurance, including fidelity, surety and guaranty bonds and all other forms of motor vehicle insurance, and for fire, marine, and inland marine insurance, and to rating organizations and advisory organizations, and by repealing section 121 thereof.

[Approved March 22, 1947]

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

Assembly, do enact as follows:

      Section 1.  An act entitled, “Nevada Insurance Act,” approved March 31, 1941, being sections 3656 to 3656.166, inclusive, as amended, is hereby amended by adding thereto a new article to be known as article 15a, which will read as follows:

ARTICLE 15A

regulation of rates

      Sec. 121.  Purpose of Article.  The purpose of this article is to promote the public welfare by regulating insurance rates to the end that they shall not be excessive, inadequate, or unfairly discriminatory, and to authorize and regulate cooperative action among insurers in rate making and in other matters within the scope of this article. Nothing in this article is intended (1) to prohibit or discourage reasonable competition, or (2) to prohibit, or encourage, except to the extent necessary to accomplish the aforementioned purpose, uniformity in insurance rates, rating systems, rating plans or practices. This article shall be liberally interpreted to carry into effect the provisions of this section.

      Sec. 121a.  Scope of Article.  (1) This article applies to casualty insurance, on risks or operations in this state, and to fire, marine and inland marine insurance, on risks located in this state.

      (2) For the purposes of this article, casualty insurance includes fidelity, surety, and guaranty bonds and all other forms of motor vehicle insurance; and fire, marine, and inland marine insurance shall not include motor vehicle insurance or insurance against liability arising out of the ownership, maintenance, or use of motor vehicles.

includes fidelity, surety, and guaranty bonds and all other forms of motor vehicle insurance; and fire, marine, and inland marine insurance shall not include motor vehicle insurance or insurance against liability arising out of the ownership, maintenance, or use of motor vehicles. Inland marine insurance shall be deemed to include insurance now or hereafter defined by statutes, or by interpretation thereof, or if not so defined or interpreted, by ruling of the commissioner, or as established by general custom of the business, as inland marine insurance.

      (3) This article shall not apply:

      a. To reinsurance, other than joint reinsurance to the extent stated in section 121j;

      b. To accident and health insurance;

      c. To insurance of vessels or craft, their cargoes, marine builders’ risks, marine protection and indemnity; or other risks commonly insured under marine, as distinguished from inland marine, insurance policies;

      d. To insurance against loss of or damage to aircraft or against liability, other than workmen’s compensation and employers’ liability arising out of the ownership, maintenance or use of aircraft, nor to insurance of hulls of aircraft, including their accessories or equipment.

      (4) If any kind of insurance, subdivision or combination thereof, or type of coverage, is subject to both the provisions of this article expressly applicable to casualty insurance and to those expressly applicable to fire, marine, and inland marine insurance, an insurer to which both these provisions are otherwise applicable shall file with the commissioner a designation as to which of these provisions shall be applicable to it with respect to such kind of insurance, subdivision or combination thereof, or type of coverage.

      Sec. 121b.  Making of Rates.  All rates shall be made in accordance with the following provisions:

      (1) Due consideration shall be given to past and prospective loss experience within and outside this state, to catastrophe hazards, if any, to a reasonable margin for underwriting profit and contingencies, to dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers, to past and prospective expenses both countrywide and those specially applicable to this state, and to all other relevant factors within and outside this state.

      (2) Rates shall not be excessive, inadequate or unfairly discriminatory.

      (3) Rates for casualty insurance to which this article applies shall also be subject to the following provisions:

      a. The systems of expense provisions included in the rates for use by any insurer or group of insurers may differ from those of other insurers or groups of insurers to reflect the requirements of the operating methods of any such insurer or group with respect to any kind of insurance, or with respect to any subdivision or combination thereof for which subdivision or combination separate expense provisions are applicable.

Article not apply, when

Insurer to file designation

Making of rates matters considered

Rates, casualty insurance

Rates, fire and marine insurance

Uniformity not required, when

Rate filings required

Information

for use by any insurer or group of insurers may differ from those of other insurers or groups of insurers to reflect the requirements of the operating methods of any such insurer or group with respect to any kind of insurance, or with respect to any subdivision or combination thereof for which subdivision or combination separate expense provisions are applicable.

      b. Risks may be grouped by classifications for the establishment of rates and minimum premiums. Classification rates may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. Such standards may measure any differences among risks that can be demonstrated to have a probable effect upon losses or expenses.

      (4) Rates for fire, marine, and inland marine insurance to which this article applies shall also be subject to the following provisions:

      a. Manual, minimum, class rates, rating schedules or rating plans, shall be made and adopted, except in the case of specific inland marine rates on risks specially rated.

      b. Due consideration shall be given to the conflagration hazards, and in the case of fire insurance rates consideration shall be given to the experience of the fire insurance business during a period of not less than the most recent five-year period for which such experience is available.

      (5) Except to the extent necessary to meet the provisions of subsection (2) of this section, uniformity among insurers in any matters within the scope of this section is neither required nor prohibited.

      Sec. 121c.  Rate Filings.  (1) a.  Every insurer shall file with the commissioner every manual of classifications, rules, and rates, every rating plan and every modification of any of the foregoing which it proposes to use for casualty insurance to which this article applies. Every such filing shall state the proposed effective date thereof, and shall indicate the character and extent of the coverage contemplated. When a filing is not accompanied by the information upon which the insurer supports such filing, and the commissioner does not have sufficient information to determine whether such filing meets the requirements of the article, he shall require such insurer to furnish the information upon which it supports such filing and in such event the waiting period shall commence as of the date such information is furnished. The information furnished in support of a filing may include (1) the experience or judgment of the insurer or rating organization making the filing, (2) its interpretation of any statistical data it relies upon, (3) the experience of other insurers or rating organizations, or (4) any other relevant factors.

A filing and any supporting information shall be open to public inspection after the filing becomes effective.

      b. Every insurer shall file with the commissioner, except as to inland marine risks which by general custom of the business are not written according to manual rates or rating plans, every manual, minimum, class rate, rating schedule or rating plan and every other rating rule, and every modification of any of the foregoing which it proposes to use for fire, marine, and inland marine insurance to which this article applies. Every such filing shall state the proposed effective date thereof, and shall indicate the character and extent of the coverage contemplated.

      When a filing is not accompanied by the information upon which the insurer supports such filing, and the commissioner does not have sufficient information to determine whether such filing meets the requirements of the article, he shall require such insurer to furnish the information upon which it supports such filing, and in such event the waiting period shall commence as of the date such information is furnished. The information furnished in support of a filing may include (1) the experience or judgment of the insurer or rating organization making the filing, (2) its interpretation of any statistical data it relies upon, (3) the experience of other insurers or rating organizations, or (4) any other relevant factors. A filing and any supporting information shall be open to public inspection after the filing becomes effective. Specific inland marine rates on risks specially rated, made by a rating organization, shall be filed with the commissioner.

      (2) An insurer may satisfy its obligation to make such filings by becoming a member of, or a subscriber to, a licensed rating organization which makes such filings, and by authorizing the commissioner to accept such filings on its behalf; provided, that nothing contained in this article shall be construed as requiring any insurer to become a member of or a subscriber to any rating organization.

      (3) The commissioner shall review filings as soon as reasonably possible after they have been made in order to determine whether they meet the requirements of this article.

      (4) Subject to the exception specified in subsections (5) and (6) of this section, each filing shall be on file for a waiting period of fifteen days before it becomes effective, which period may be extended by the commissioner for an additional period not to exceed fifteen days if he gives written notice within such waiting period to the insurer or rating organization which made the filing that he needs such additional time for the consideration of such filing. Upon written application by such insurer or rating organization, the commissioner may authorize a filing which he has reviewed to become effective before the expiration of the waiting period or any extension thereof.

Commissioner to require information

Review filings, when

Waiting period

Special filing effective, when

Inland marine rates

Commissioners powers re filings

Excess rates

No policy issued, when

Disapproval of filings

or any extension thereof. A filing shall be deemed to meet the requirements of this article unless disapproved by the commissioner within the waiting period or any extension thereof.

      (5) Any special filing with respect to a surety or guaranty bond required by law or by court or executive order or by order, rule, or regulation of a public body, not covered by a previous filing, shall become effective when filed and shall be deemed to meet the requirements of this article until such time as the commissioner reviews the filing and so long thereafter as the filing remains in effect.

      (6) Specific inland marine rates on risks specially rated by a rating organization shall become effective when filed and shall be deemed to meet the requirements of this article until such time as the commissioner reviews the filing and so long thereafter as the filing remains in effect.

      (7) Under such rules and regulations as he shall adopt the commissioner may, by written order, suspend or modify the requirement of filing as to any kind of insurance, subdivision or combination thereof, or as to classes or risks, the rates for which cannot practicably be filed before they are used. Such orders, rules, and regulations shall be made known to insurers and rating organizations affected thereby. The commissioner may make such examination as he may deem advisable to ascertain whether any rates affected by such order meet the requirement of filing as to any kind of insurance, subdivision, or combination thereof, or as to classes of risks, the rates for which cannot practicably be filed before they are used. Such orders, rules, and regulations shall be made known to insurers and rating organizations affected thereby. The commissioner may make such examination as he may deem advisable to ascertain whether any rates affected by such order meet the standards set forth in subsection (2) of section 121b.

      (8) Upon the written application of the insured, stating his reasons therefor, filed with and approved by the commissioner, a rate in excess of that provided by a filing otherwise applicable may be used on any specific risk.

      (9) Beginning ninety days after the effective date of this article no insurer shall make or issue a contract or policy except in accordance with the filings which are in effect for said insurer as provided in this article or in accordance with subsections (7) or (8) of this section. This subsection shall not apply to contracts or policies for inland marine risks as to which filings are not required.

      Sec. 121d.  Disapproval of Filings.  (1) If within the waiting period or any extension thereof as provided in subsection (4) of section 121c, the commissioner finds that a filing does not meet the requirements of this article, he shall send to the insurer or rating organization which made such filing, written notice of disapproval of such filing specifying therein in what respects he finds such filing fails to meet the requirements of this article and stating that such filing shall not become effective.

send to the insurer or rating organization which made such filing, written notice of disapproval of such filing specifying therein in what respects he finds such filing fails to meet the requirements of this article and stating that such filing shall not become effective.

      (2) If within thirty days after a special surety or guaranty filing subject to subsection (5) of section 121c has become effective, or if within thirty days after a specific inland marine rate on a risk specially rated by a rating organization subject to subsection (6) of section 121c has become effective, the commissioner finds that such filing does not meet the requirements of this article, he shall send to the insurer or rating organization which made such filing, written notice of disapproval of such filing, specifying therein in what respects he finds that such filing fails to meet the requirements of this article and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective. Said disapproval shall not affect any contract made or issued prior to the expiration of the period set forth in said notice.

      (3) If at any time subsequent to the applicable review period provided for in subsection (1) or (2) of this section, the commissioner finds that a filing does not meet the requirements of this article, he shall, after a hearing held upon not less than ten days’ written notice, specifying the matters to be considered at such hearing, to every insurer and rating organization which made such filing, issue an order specifying in what respects he finds that such filing fails to meet the requirements of this article, and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective. Copies of said order shall be sent to every such insurer and rating organization. Said order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in said order.

      (4) Any person or organization aggrieved with respect to any filing which is in effect may make written application to the commissioner for a hearing thereon; provided, however, that the insurer or rating organization that made the filing shall not be authorized to proceed under this subsection. Such application shall specify the grounds to be relied upon by the applicant. If the commissioner shall find that the application is made in good faith, that the applicant would be so aggrieved if his grounds are established, and that such grounds otherwise justify holding such a hearing, he shall within thirty days after receipt of such application, hold a hearing upon not less than ten days’ written notice to the applicant and to every insurer and rating organization which made such filing.

      If, after such hearing, the commissioner finds that the filing does not meet the requirements of this article, he shall issue an order specifying in what respects he finds that such filing fails to meet the requirements of this article, and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective.

Duty of commissioner

Hearing, notice

Application for hearing

Exception

Hearing granted, when

Order

Manual, classifications, etc., not disapproved, when

Rating organizations, application for license

License issued, when

issue an order specifying in what respects he finds that such filing fails to meet the requirements of this article, and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective. Copies of said order shall be sent to the applicant and to every such insurer and rating organization. Said order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in said order.

      (5) No manual of classifications, rules, rating plan, or any modification of any of the foregoing which establishes standards for measuring variations in hazards or expense provisions, or both, pertaining to casualty insurance to which this article applies, and which has been filed pursuant to the requirements of section 121c of this article shall be disapproved if the rates thereby produced meet the requirements of this article.

      (6) No manual, minimum, class rate, rating schedule, rating plan, rating rule, or any modification of any of the foregoing, pertaining to fire, marine, and inland marine insurance to which this article applies, which has been filed pursuant to the requirements of section 121c of this article shall be disapproved if the rates thereby produced meet the requirements of this article.

      Sec. 121e.  Rating Organizations.  (1) A corporation, an unincorporated association, a partnership or an individual, whether located within or outside this state, may make application to the commissioner for license as a rating organization for such kinds of insurance, or subdivision or class of risk or a part or combination thereof as are specified in its application and shall file therewith (1) a copy of its constitution, its articles of agreement or association, or its certificate of incorporation, and of its bylaws, rules, and regulations governing the conduct of its business, (2) a list of its members and subscribers, (3) the name and address of a resident of this state upon whom notices or orders of the commissioner or process affecting such rating organization may be served, and (4) a statement of its qualifications as a rating organization. If the commissioner finds that the applicant is competent, trustworthy, and otherwise qualified to act as a rating organization and that its constitution, articles of agreement or association, or certificate of incorporation, and its bylaws, rules, and regulations governing the conduct of its business conform to the requirements of law, he shall issue a license specifying the kinds of insurance, or subdivision or class of risk or part or combination thereof for which the applicant is authorized to act as a rating organization. Every such application shall be granted or denied in whole or in part by the commissioner within sixty days of the date of its filing with him.

with him. Licenses issued pursuant to this section shall remain in effect for three years unless sooner suspended or revoked by the commissioner. The fee for said license shall be twenty-five dollars. Licenses issued pursuant to this section may be suspended or revoked by the commissioner, after hearing upon notice, in the event the rating organization ceases to meet the requirements of this subsection. Every rating organization shall notify the commissioner promptly of every change in (1) its constitution, its articles of agreement, or association, or its certificate of incorporation, and its bylaws, rules, and regulations governing the conduct of its business, (2) its list of members and subscribers, and (3) the name and address of the resident of this state designated by it upon whom notices or orders of the commissioner or process affecting such rating organization may be served.

      (2) Subject to rules and regulations which have been approved by the commissioner as reasonable, each rating organization shall permit any insurer, not a member, to be a subscriber to its rating services for any kind of insurance, subdivision, or class of risk or a part or combination thereof for which it is authorized to act as a rating organization. Notice of proposed changes in such rules and regulations shall be given to subscribers. Each rating organization shall furnish its rating services without discrimination to its members and subscribers. The reasonableness of any rule or regulation in its application to subscribers, or the refusal of any rating organization to admit an insurer as a subscriber, shall, at the request of any subscriber or any such insurer, be reviewed by the commissioner at a hearing held upon at least ten days’ written notice to such rating organization and to such subscriber or insurer. If the commissioner finds that such rule or regulation is unreasonable in its application to subscribers, he shall order that such rule or regulation shall not be applicable to subscribers. If the rating organization fails to grant or reject an insurer’s application for subscribership within thirty days after it was made, the insurer may request a review by the commissioner as if the application had been rejected. If the commissioner finds that the insurer has been refused admittance to the rating organization as a subscriber without justification, he shall order the rating organization to admit the insurer as a subscriber. If he finds that the action of the rating organization was justified, he shall make an order affirming its action.

      (3) No rating organization shall adopt any rule the effect of which would be to prohibit or regulate the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers.

License effective; fee

Rating organizations furnish services; rules

Duty of commissioner re rules

Regulations re dividends

Cooperation of rating organizations

Examination of policies

Deviations and exceptions re filings

      (4) Cooperation among rating organizations or among rating organizations and insurers in rate making or in other matters within the scope of this article is hereby authorized, provided the filings resulting from such cooperation are subject to all the provisions of this article which are applicable to filings generally. The commissioner may review such cooperative activities and practices and if, after a hearing, he finds that any such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this article, he may issue a written order specifying in what respects such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this article, and requiring the discontinuance of such activity or practice.

      (5) Any rating organization may provide for the examination of policies, daily reports, binders, renewal certificates, endorsements, or other evidences of insurance, or the cancellation thereof, and may make reasonable rules governing their submission. Such rules shall contain a provision that in the event any insurer does not within sixty days furnish satisfactory evidence to the rating organization of the correction of any error or omission previously called to its attention by the rating organization, it shall be the duty of the rating organization to notify the commissioner thereof. All information so submitted for examination shall be confidential.

      (6) Any rating organization may subscribe for or purchase actuarial, technical, or other services, and such services shall be available to all members and subscribers without discrimination.

      Sec. 121f.  Deviations.  (1) Every member of or subscriber to a rating organization shall adhere to the filings made on its behalf by such organization except that

      a. In the case of casualty insurance to which this article applies, any such insurer may make written application to the commissioner for permission to file a uniform percentage decrease or increase to be applied to the premiums produced by the rating system so filed for a kind of insurance, or for a class of insurance which is found by the commissioner to be a proper rating unit for the application of such uniform percentage decrease or increase, or for a subdivision of a kind of insurance (1) comprised of a group of manual classifications which is treated as a separate unit for rate-making purposes, or (2) for which separate expense provisions are included in the filings of the rating organization. Such application shall specify the basis for the modification, and shall be accompanied by the data upon which the applicant relies. A copy of the application and data shall be sent simultaneously to such rating organization; and

      b. In the case of fire, marine, and inland marine insurance to which this article applies, any such insurer may make written application to the commissioner for permission to file a deviation from the class rates, schedules, rating plans or rules respecting any kind of insurance, or class of risk within a kind of insurance or combination thereof.

to which this article applies, any such insurer may make written application to the commissioner for permission to file a deviation from the class rates, schedules, rating plans or rules respecting any kind of insurance, or class of risk within a kind of insurance or combination thereof. Such application shall specify the basis for the modification, and a copy thereof shall also be sent simultaneously to such rating organization.

      (2) The commissioner shall set a time and place for a hearing at which the insurer and such rating organization may be heard, and shall give them not less than ten days’ written notice thereof. In the event the commissioner is advised by the rating organization that it does not desire a hearing he may, upon the consent of the applicant, waive such hearing. The commissioner shall issue an order permitting the modification for such insurer to be filed if he finds it to be justified, and it shall thereupon become effective. He shall issue an order denying such application if he finds that the modification is not justified or that the resulting premiums would be excessive, inadequate, or unfairly discriminatory. Each deviation permitted to be filed shall be effective for a period of one year from the date of such permission unless terminated sooner with the approval of the commissioner.

      (3) In considering the application for permission to file such deviation in the case of fire, marine, and inland marine insurance, the commissioner shall give consideration to the available statistics and the applicable principles for rate making as provided in section 121b of this article.

      Sec. 121g.  Appeal by Minority.  Any member of or subscriber to a rating organization may appeal to the commissioner from the action or decision of such rating organization in approving or rejecting any proposed change in or addition to the filings of such rating organization and the commissioner shall, after a hearing held upon not less than ten days’ written notice to the appellant and to such rating organization, issue an order approving the action or decision of such rating organization or directing it to give further consideration to such proposal, or, if such appeal is from the action or decision of the rating organization in rejecting a proposed addition to its filings, he may, in the event he finds that such action or decision was unreasonable, issue an order directing the rating organization to make an addition to its filings, on behalf of its members and subscribers, in a manner consistent with his findings, within a reasonable time after the issuance of such order.

      In the case of casualty insurance to which this article applies, if such appeal is based upon the failure of the rating organization to make a filing on behalf of such member or subscriber which is based on a system of expense provisions which differs, in accordance with the right granted in subdivision “a” of subsection (3) of section 121b from the system of expense provisions included in a filing made by the rating organization, the commissioner shall, if he grants the appeal, order the rating organization to make the requested filing for use by the appellant.

Hearing, time and place

Appeal by minority re action rating organization

Information furnished insureds; hearing reappeals

Advisory organizations

File constitution etc. with commissioner

organization to make a filing on behalf of such member or subscriber which is based on a system of expense provisions which differs, in accordance with the right granted in subdivision “a” of subsection (3) of section 121b from the system of expense provisions included in a filing made by the rating organization, the commissioner shall, if he grants the appeal, order the rating organization to make the requested filing for use by the appellant. In deciding such appeal the commissioner shall apply the standard set forth in section 121b.

      Sec. 121h.  Information To Be Furnished Insureds; Hearings and Appeals of Insureds.  Every rating organization and every insurer which makes its own rates shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charge as it may make, furnish to any insured affected by a rate made by it, or to the authorized representative of such insured, all pertinent information as to such rate.

      Every rating organization and every insurer which makes its own rates shall provide within this state reasonable means whereby any person aggrieved by the application of its rating system may be heard in person or by his authorized representative, on his written request to review the manner in which such rating system has been applied in connection with the insurance afforded him. If the rating organization or insurer fails to grant or reject such request within thirty days after it is made, the applicant may proceed in the same manner as if his application had been rejected. Any party affected by the action of such rating organization or such insurer on such request may, within thirty days after written notice of such action, appeal to the commissioner, who, after a hearing held upon not less than ten days’ written notice to the appellant and to such rating organization or insurer, may affirm or reverse such action.

      Sec. 121i.  Advisory Organizations.  (1) Every group, association, or other organization of insurers, whether located within or outside this state, which assists insurers which make their own filings or rating organizations in rate making, by the collection and furnishing of loss or expense statistics or by the submission of recommendations, but which does not make filing, under this article, shall be known as an advisory organization.

      (2) Every advisory organization shall file with the commissioner (1) a copy of its constitution, its articles of agreement or association or its certificate of incorporation and of its bylaws, rules, and regulations governing its activities, (2) a list of its members, (3) the name and address of a resident of this state upon whom notices or orders of the commissioner or process issued at his direction may be served, and (4) an agreement that the commissioner may examine such advisory organization in accordance with the provisions of section 121k of this article.

commissioner or process issued at his direction may be served, and (4) an agreement that the commissioner may examine such advisory organization in accordance with the provisions of section 121k of this article.

      (3) If, after a hearing, the commissioner finds that the furnishing of such information or assistance involves any act or practice which is unfair or unreasonable or otherwise inconsistent with the provisions of this article, he may issue a written order specifying in what respects such act or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this article, and requiring the discontinuance of such act or practice.

      (4) No insurer which makes its own filings nor any rating organization shall support its filings by statistics or adopt rate-making recommendations, furnished to it by an advisory organization which has not complied with this section or with an order of the commissioner involving such statistics or recommendations issued under subsection (3) of this section. If the commissioner finds such insurer or rating organization to be in violation of this subsection he may issue an order requiring the discontinuance of such violation.

      Sec. 121j.  Joint Underwriting or Joint Reinsurance.  (1) Every group, association or other organization of insurers which engages in joint underwriting or joint reinsurance, shall be subject to regulation with respect thereto as herein provided, subject, however, with respect to joint underwriting, to all other provisions of this article, and with respect to joint reinsurance, to sections 121k, 121o, and 121p of this article.

      (2) If, after a hearing, the commissioner finds that any activity or practice of any such group, association, or other organization is unfair or unreasonable or otherwise inconsistent with the provisions of this article, he may issue a written order specifying in what respects such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this article, and requiring the discontinuance of such activity or practice.

      Sec. 121k.  Examinations.  The commissioner shall, at least once in five years, make or cause to be made an examination of each rating organization licensed in this state as provided in section 121e, and he may, as often as he may deem it expedient, make or cause to be made an examination of each advisory organization referred to in section 121i and of each group, association, or other organization referred to in section 121j. The reasonable costs of any such examination shall be paid by the rating organization, advisory organization, or group, association or other organization examined upon presentation to it of a detailed account of such costs. The officers, managers, agents, and employees of such rating organization, advisory organization, or group, association or other organization may be examined at any time under oath and shall exhibit all books, records, accounts, documents, or agreements governing its method of operation.

Unfair and unreasonable practice

No insurer make filings, when

Joint underwriting, joint insurance

Hearing, duty of commissioner

Examinations of rating organizations

Rate administration, recording loss, etc.

Interchange

Other states

organization, advisory organization, or group, association or other organization may be examined at any time under oath and shall exhibit all books, records, accounts, documents, or agreements governing its method of operation. In lieu of any such examination the commissioner may accept the report of an examination made by the insurance supervisory official of another state, pursuant to the laws of such state. Reports of such examinations shall only be filed and made public in accordance with the provisions of subsection (4) of section 36 of article 5 of this code.

      Sec. 121l.  Rate Administration.  (1) Recording and Reporting of Loss and Expense Experience.  The commissioner shall promulgate reasonable rules and statistical plans, reasonably adapted to each of the rating systems on file with him, which may be modified from time to time and which shall be used thereafter by each insurer in the recording and reporting of its loss and countrywide expense experience, in order that the experience of all insurers may be made available at least annually in such form and detail as may be necessary to aid him in determining whether rating systems comply with the standards set forth in section 121b.  Such rules and plans may also provide for the recording and reporting of expense experience items which are specially applicable to this state and are not susceptible of determination by a prorating of countrywide expense experience. In promulgating such rules and plans, the commissioner shall give due consideration to the rating systems on file with him and, in order that such rules and plans may be as uniform as is practicable among the several states, to the rules and to the form of the plans used for such rating systems in other states. No insurer shall be required to record or report its loss experience on a classification basis that is inconsistent with the rating system filed by it. The commissioner may designate one or more rating organizations or other agencies to assist him in gathering such experience and making compilations thereof, and such compilations shall be made available, subject to reasonable rules promulgated by the commissioner to insurers and rating organizations.

      (2) Interchange of Rating Plan Data.  Reasonable rules and plans may be promulgated by the commissioner for the interchange of data necessary for the application of rating plans.

      (3) Consultation with Other States.  In order to further uniform administration of rate regulatory laws, the commissioner and every insurer and rating organization may exchange information and experience data with insurance supervisory officials, insurers, and rating organizations in other states and may consult with them with respect to rate making and the application of rating systems.

      (4) Rules and Regulations.  The commissioner may make reasonable rules and regulations necessary to effect the purposes of this article.

      Sec. 121m.  False or Misleading Information.  No person or organization shall willfully withhold information from, or knowingly give false or misleading information to, the commissioner, any statistical agency designated by the commissioner, any rating organization, or any insurer, which will affect the rates or premiums chargeable under this article. A violation of this section shall subject the one guilty of such violation to the penalties provided in section 121o of this article, and section 155 of article 18.

      Sec. 121n.  Assigned Risks.  With respect to casualty insurance to which this article applies, agreement may be made among insurers with respect to the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to, but who are unable to procure such insurance through ordinary methods, and such insurers may agree among themselves on the use of reasonable rate modifications for such insurance, such agreements and rate modifications to be subject to the approval of the commissioner.

      Sec. 121o.  Penalties.  The commissioner may, in addition to any other penalty provided by law, suspend the license of any rating organization or insurer which fails to comply with an order of the commissioner within the time limited by such order, or any extension thereof which the commissioner may grant. The commissioner shall not suspend the license of any rating organization or insurer for failure to comply with an order until the time prescribed for an appeal therefrom has expired or if an appeal has been taken, until such order has been affirmed. The commissioner may determine when a suspension of license shall become effective and it shall remain in effect for the period fixed by him, unless he modifies or rescinds such suspension, or until the order upon which such suspension is based is modified, rescinded, or reversed.

      No penalty shall be imposed and no license shall be suspended or revoked except upon a written order of the commissioner, stating his findings, made after a hearing held upon not less than ten days’ written notice to such person or organization specifying the alleged violation.

      Sec. 121p.  Hearing Procedure and Judicial Review.  (1) Any insurer or rating organization aggrieved by any order or decision of the commissioner made without a hearing, may within thirty days after notice of the order to the insurer or organization, make written request to the commissioner for a hearing thereon. The commissioner shall hear such party or parties within twenty days after receipt of such request and shall give not less than ten days’ written notice of the time and place of the hearing.