[Rev. 12/19/2019 6:16:45 PM]

Link to Page 154

 

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ê1943 Statutes of Nevada, Page 155 (CHAPTER 115, AB 85)ê

 

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

 

 

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CHAPTER 116, AB 88

[Assembly Bill No. 88–Mr. Kelly]

 

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

 

[Approved March 17, 1943]

 

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

Assembly, do enact as follows:

 

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

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Definitions


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ê1943 Statutes of Nevada, Page 156 (CHAPTER 116, AB 88)ê

 

Definitions

 

 

 

 

 

 

 

 

 

 

 

Health officer, duty of

 

 

 

 

 

Assistance of peace officers

 

Interpretive code

 

 

Sampling and condemnation of food products

 

 

 

Notification of disease

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

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

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

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

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

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

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

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

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


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ê1943 Statutes of Nevada, Page 157 (CHAPTER 116, AB 88)ê

 

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

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

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

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

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

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

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

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

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

 

 

 

 

Procedure when infection suspected

 

 

 

 

 

 

Inspection, grading, and permits

 

 

 

 

 

 

 

Degrading

 

 

 

 

 

Grades


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ê1943 Statutes of Nevada, Page 158 (CHAPTER 116, AB 88)ê

 

Publication of grades

 

 

Permit required

 

 

 

 

 

Revocation of permit and appeal

 

 

 

 

 

When license not to be issued

 

 

 

Revocation of license

 

 

 

 

 

Standards of sanitation

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

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

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

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

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

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

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

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

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

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


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ê1943 Statutes of Nevada, Page 159 (CHAPTER 116, AB 88)ê

 

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

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

      Item 3.  Illumination.  Adequate illumination shall be provided.

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

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

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

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

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

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

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

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

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

Structure

 

Doors and windows

 

Illumination

Ventilation

 

Toilets

 

 

Lavatories

 

 

Water supply

 

Sanitary condition of equipment

 

 

 

 

 

Hot water

 

Cleaning facilities

 

 

 

 

Protection of equipment

 

 

Garbage and sewage disposal


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ê1943 Statutes of Nevada, Page 160 (CHAPTER 116, AB 88)ê

 

 

 

Refrigeration

 

Foods to be wholesome

 

 

 

 

 

 

 

Food handlers

 

Miscellaneous

 

 

 

 

Unlawful practices

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

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

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

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

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

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

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

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

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

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


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ê1943 Statutes of Nevada, Page 161 (CHAPTER 116, AB 88)ê

 

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

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

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

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

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

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

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

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

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

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

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

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

      (q) To conduct laundering or ironing operations.

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

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

Unlawful practices


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ê1943 Statutes of Nevada, Page 162 (CHAPTER 116, AB 88)ê

 

Unlawful practices

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

War emergency

 

 

 

 

 

 

 

Repeal clause

 

Validity clause

 

 

 

 

 

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

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

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

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

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

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

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

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

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

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

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


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ê1943 Statutes of Nevada, Page 163 (CHAPTER 116, AB 88)ê

 

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

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

Penalty

 

 

 

 

In effect

 

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CHAPTER 117, AB 115

[Assembly Bill No. 115–Clark County Delegation]

 

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

 

[Approved March 17, 1943]

 

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

Assembly, do enact as follows:

 

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

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

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

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of sheriff

 

 

Travel expenses allowed

 

 

 

 

 

Salary of county clerk

 

 

Salary of assessor


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ê1943 Statutes of Nevada, Page 164 (CHAPTER 117, AB 115)ê

 

Salary of district attorney

Salary of treasurer

 

Salary of recorder

 

Salaries of commissioners

 

 

 

 

 

 

 

May appoint deputies

 

 

 

 

Appointments under district attorney

 

 

 

 

 

 

 

Repeal

 

In effect

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

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

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

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

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

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

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

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

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

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

 

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ê1943 Statutes of Nevada, Page 165ê

CHAPTER 118, AB 134

[Assembly Bill No. 134–Mr. Grant]

 

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

 

[Approved March 17, 1943]

 

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

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

 

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

Assembly, do enact as follows:

 

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

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

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

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

May purchase automobiles

 

 

 

 

When repeal considered

 

 

 

 

In effect

 

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ê1943 Statutes of Nevada, Page 166ê

CHAPTER 119, AB 9

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Absent ballot, how procured

 

 

 

 

 

 

 

 

Duties of county clerk

[Assembly Bill No. 9–Mr. Boak]

 

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

 

[Approved March 20, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled-act, being section 2554 N. C. L. 1929, is hereby amended so as to read as follows:

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

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

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

State of Nevada

County of }ss.

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


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

ê1943 Statutes of Nevada, Page 167 (CHAPTER 119, AB 9)ê

 

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

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

                                                                                                                    (Name of voter)

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

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

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

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

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

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

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

      On back of said certificate shall be written the following:

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

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

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

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

 

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

Form of affidavit

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certificate of county clerk


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

ê1943 Statutes of Nevada, Page 168 (CHAPTER 119, AB 9)ê

 

Duty of absent voter

 

 

 

 

 

 

 

 

 

 

Duty of county clerk

 

 

 

 

 

 

 

 

 

 

List of absent voters to be posted

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

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

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

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

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

 

________

 

 


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

ê1943 Statutes of Nevada, Page 169 (CHAPTER 119, AB 9)ê

 

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

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

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

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

 

 

Applicants for absent ballots must be registered

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

 


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

ê1943 Statutes of Nevada, Page 170ê

CHAPTER 120, AB 141

 

 

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

Temporary license may be issued

 

 

 

Holder may practice

 

 

Holder subject to statutory regulations

 

 

Board may revoke license, when

[Assembly Bill No. 141–Mr. McElroy]

 

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

 

[Approved March 20, 1943]

 

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

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

 

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

Assembly, do enact as follows:

 

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

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

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

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


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

ê1943 Statutes of Nevada, Page 171 (CHAPTER 120, AB 141)ê

 

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

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

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

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

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

 

 

 

 

 

Additional duties of board

 

Limitation of license

 

Declared emergency

 

 

In effect

 

________

 

CHAPTER 121, AB 154

[Assembly Bill No. 154–Churchill County Delegation]

 

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

 

[Approved March 20, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act is hereby amended to read as follows:

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of sheriff


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

ê1943 Statutes of Nevada, Page 172 (CHAPTER 121, AB 154)ê

 

Salary of district attorney

 

Repeal

In effect

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

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

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

 

________

 

CHAPTER 122, AB 155

 

 

 

 

 

 

 

 

 

 

 

 

Conveyance of land authorized

 

 

 

 

 

Description of land

[Assembly Bill No. 155–Mr. Jepson]

 

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

 

[Approved March 20, 1943]

 

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

Assembly, do enact as follows:

 

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

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


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

ê1943 Statutes of Nevada, Page 173 (CHAPTER 122, AB 155)ê

 

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

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

 

 

 

 

 

In effect

 

________

 

CHAPTER 123, AB 156

[Assembly Bill No. 156–Mr. Ryan]

 

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

 

[Approved March 20, 1943]

 

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

Assembly, do enact as follows:

 

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Members may receive per diem and traveling expenses


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

ê1943 Statutes of Nevada, Page 174 (CHAPTER 123, AB 156)ê

 

 

 

 

In effect

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

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

 

________

 

CHAPTER 124, AB 159

 

 

 

 

 

 

 

 

 

 

 

 

 

Controller to balance entries

 

 

In effect

[Assembly Bill No. 159–Mr. Boak]

 

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

 

[Approved March 20, 1943]

 

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

Assembly, do enact as follows:

 

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

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

 

________

 

CHAPTER 125, SB 83

 

 

 

 

 

 

 

 

Preamble

[Senate Bill No. 83–Senator Johnson]

 

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

 

[Approved March 20, 1943]

 

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

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

 

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

Assembly, do enact as follows:

 

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


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

ê1943 Statutes of Nevada, Page 175 (CHAPTER 125, SB 83)ê

 

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

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

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

Appropriation for Carson clergy

 

 

Controller to draw warrants

 

 

 

 

In effect

 

________

 

CHAPTER 126, SB 80

[Senate Bill No. 80–Senator Caughman]

 

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

 

[Approved March 20, 1943]

 

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

Assembly, do enact as follows:

 

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

 

________

 

CHAPTER 127, SB 63

[Senate Bill No. 63–Senator Haight]

 

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

 

[Approved March 20, 1943]

 

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

Assembly, do enact as follows:

 

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

 


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

ê1943 Statutes of Nevada, Page 176 (CHAPTER 127, SB 63)ê

 

 

 

 

 

Who may perform marriage

 

 

 

 

 

 

 

 

Minister to show license

 

 

 

 

 

 

 

 

In effect

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

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

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

 

________

 

 


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

ê1943 Statutes of Nevada, Page 177ê

CHAPTER 128, SB 75

[Senate Bill No. 75–Committee on Judiciary]

 

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

 

[Approved March 20, 1943]

 

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

Assembly, do enact as follows:

 

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bonds, how applied for

 

 

 

 

 

 

 

 

 

 

District judge to approve certain applications


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

ê1943 Statutes of Nevada, Page 178 (CHAPTER 128, SB 75)ê

 

Procedure in case application is rejected

 

 

 

Duty of district judge

 

Repeal

In effect

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

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

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

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

 

________

 

CHAPTER 129, SB 85

 

 

 

 

 

 

 

 

 

 

 

 

 

Grand juries, how created

[Senate Bill No. 85–Senator Tognoni]

 

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

 

[Approved March 20, 1943]

 

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

Assembly, do enact as follows:

 

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

      Section 8.  It shall be the duty of the district judge and any one of the county commissioners of the county, as often as the public interest may require, and at least once in each four years, to select from the qualified jurors of the county (whether their names are or are not upon the list selected by the board of county commissioners) twenty-four persons who shall be summoned to appear as grand jurors at such time as the judge may order; provided, that if the district judge deems proper he may direct any one of the county commissioners of the county and the clerk to select the grand jurors, and such county commissioner and clerk, if the judge so directs, shall select from the said qualified jurors twenty-four persons as grand jurors. If the judge directs the grand jurors to be selected by one of the county commissioners and the clerk, the judge must make and file with the clerk an order designating the name of such county commissioner, and the judge shall in said order fix the time when said grand jurors shall be required to appear; and if from any cause such county commissioner and clerk shall fail to select the grand jurors, the judge and any one of the county commissioners may, at any time, select the same. A list of the names so selected as grand jurors shall be made out and certified by the officers making such selection and be filed in the clerk’s office, and the clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the persons so drawn as grand jurors to attend in court at such time as the judge may have directed; and the sheriff shall summon such grand jurors, and out of the number so summoned the court shall select seventeen persons to constitute the grand jury.


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

ê1943 Statutes of Nevada, Page 179 (CHAPTER 129, SB 85)ê

 

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

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

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

Duties of clerk and sheriff

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

When summoning of jury mandatory

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

 


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

ê1943 Statutes of Nevada, Page 180ê

CHAPTER 130, SB 87

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Purpose of act

 

 

 

 

Definition of “operating mines”

 

Number of samples limited

 

 

 

 

 

Quantitative analyses not run, when

 

 

In effect

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

 

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

 

[Approved March 20, 1943]

 

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

Assembly, do enact as follows:

 

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

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

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

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

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

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

 

________

 

 


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

ê1943 Statutes of Nevada, Page 181ê

CHAPTER 131, SB 99

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

 

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

 

[Approved March 20, 1943]

 

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

Assembly, do enact as follows:

 

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Duty of vehicle commissioner

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 132, SB 71

[Senate Bill No. 71–Committee on Judiciary]

 

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

 

[Approved March 20, 1943]

 

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

Assembly, do enact as follows:

 

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

 


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

ê1943 Statutes of Nevada, Page 182 (CHAPTER 132, SB 71)ê

 

First degree arson defined

 

 

 

 

 

 

 

Second degree arson defined

 

 

 

 

 

 

Third degree arson defined

 

 

 

 

 

 

Arson, when declared felony

 

 

 

 

 

 

 

Fourth degree arson defined

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

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

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

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

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

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

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

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

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


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

ê1943 Statutes of Nevada, Page 183 (CHAPTER 132, SB 71)ê

 

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

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

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

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

 

 

 

 

 

Willful attempt defined

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 133, SB 111

[Senate Bill No. 111–Senator Andreasen]

 

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

 

[Approved March 20, 1943]

 

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

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

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

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

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

 

 

 

 

 

 

 

 

 

 

Preamble


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

ê1943 Statutes of Nevada, Page 184 (CHAPTER 133, SB 111)ê

 

 

 

 

 

 

Explanation of act

 

 

 

 

 

Treasurer relieved of responsibility

 

 

Duty of auditor

 

 

In effect

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

 

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

Assembly, do enact as follows:

 

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

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

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

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

 

________

 

CHAPTER 134, SB 102

 

 

 

 

 

 

 

 

 

 

 

State engineer may designate chief clerk; appropriation

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

 

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

 

[Approved March 20, 1943]

 

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

Assembly, do enact as follows:

 

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


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

ê1943 Statutes of Nevada, Page 185 (CHAPTER 134, SB 102)ê

 

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

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

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

 

 

Intent of act

 

 

 

In effect

 

________

 

CHAPTER 135, AB 76

[Assembly Bill No. 76–Mr. Kelly]

 

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

 

[Approved March 22, 1943]

 

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

Assembly, do enact as follows:

 

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

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

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

 

 

 

 

 

 

 

 

 

 

Certain employees to be paid 12% additional

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation of necessary funds

 

 

Expiration date

 

________

 

 


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

ê1943 Statutes of Nevada, Page 186ê

CHAPTER 136, SB 86

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Creation of Nevada industrial commission

 

 

 

 

 

 

 

 

 

 

 

 

 

Industrial commission board may remove any commissioner

[Senate Bill No. 86–Committee on Labor]

 

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

 

[Approved March 23, 1943]

 

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

Assembly, do enact as follows:

 

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

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

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


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

ê1943 Statutes of Nevada, Page 187 (CHAPTER 136, SB 86)ê

 

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

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

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

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

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

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

 

 

Compensation of commission members

 

 

 

 

 

 

 

 

 

 

 

 

 

Premiums may be advanced

 

 

 

Commission may lower rates


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

ê1943 Statutes of Nevada, Page 188 (CHAPTER 136, SB 86)ê

 

 

Rights of injured employees

 

 

 

Fund, how provided

 

 

 

 

 

 

 

Fees and charges to be regulated

 

Authority of commission

Funds to be separate

 

 

Duties of employers

 

 

 

 

 

 

 

Employers may provide accident benefits

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

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

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

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

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

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

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

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


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

ê1943 Statutes of Nevada, Page 189 (CHAPTER 136, SB 86)ê

 

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

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

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

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

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

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

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

 

 

 

 

Employers to make annual written reports

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commission may intervene, when

 

 

 

 

 

 

 

 

 

Medical board created, duties


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

ê1943 Statutes of Nevada, Page 190 (CHAPTER 136, SB 86)ê

 

 

 

 

 

 

 

 

 

State medical association to name board

 

 

 

 

 

Compensation of board members

 

 

 

 

 

Compensation of employees or dependents

 

 

Death benefits specified

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

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

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

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

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

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

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

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


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

ê1943 Statutes of Nevada, Page 191 (CHAPTER 136, SB 86)ê

 

      3.  To the widower, if there is no child, thirty-three and one-third per centum of the average wage of the deceased, if wholly dependent for support upon the deceased employee at the time of her death. This compensation shall be paid until his death or remarriage.

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

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

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

Death benefits specified


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

ê1943 Statutes of Nevada, Page 192 (CHAPTER 136, SB 86)ê

 

Death benefits specified

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total disability benefits specified

      7.  In all other cases, questions of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury. If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the employee to such partial dependents bears to the average wage of deceased at the time of the injury resulting in his death. The duration of such compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case exceed compensation for one hundred months.

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

      If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation shall be only sixty (60%) percent of the amount or amounts above specified.

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

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

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

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

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


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

ê1943 Statutes of Nevada, Page 193 (CHAPTER 136, SB 86)ê

 

adjudged to be permanent, compensation of sixty (60%) percent of the average monthly wage, but not less than thirty ($30) dollars per month nor more than sixty ($60) dollars per month during the life of the injured person; provided, in cases of permanent total disability, if the character of injury is such as to render the workman so physically helpless as to require the service of a constant attendant, an additional allowance of thirty ($30) dollars per month may be made so long as such requirements shall continue, but such increase shall not obtain or be operative while the workman is receiving hospital care under or pursuant to the provisions of section 23 of this act.

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

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

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

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

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

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

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

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

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

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

Permanent total disability

 

 

 

 

 

 

Permanent total disability specified

 

 

 

 

 

 

 

 

 

 

 

 

Employer to report injury


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

ê1943 Statutes of Nevada, Page 194 (CHAPTER 136, SB 86)ê

 

 

 

 

 

 

 

Physician may testify

 

 

 

 

Injured employee to report to employer

 

 

 

 

 

 

 

 

 

 

Action of commission when accident not reported

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

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

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

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


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

ê1943 Statutes of Nevada, Page 195 (CHAPTER 136, SB 86)ê

 

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

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

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

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 137, SB 6

[Senate Bill No. 6–Senator Farndale]

 

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

 

[Approved March 23, 1943]

 

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

Assembly, do enact as follows:

 

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

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

 

 

 

 

 

 

 

 

 

 

 

 

Council of defense created

 

 

 

 

 

 

 

 

Powers and duties


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

ê1943 Statutes of Nevada, Page 196 (CHAPTER 137, SB 6)ê

 

 

 

 

 

Director chief executive

 

Cooperate with federal departments

 

 

 

 

Ascertain amount of necessities available

 

 

 

 

Institute precautionary measures

 

 

 

Prescribe air-raid control, etc.

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

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

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

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

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

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

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

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

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

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


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

ê1943 Statutes of Nevada, Page 197 (CHAPTER 137, SB 6)ê

 

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

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

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

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

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

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

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

Issuance of permits

 

 

 

May employ stenographer

 

 

 

 

 

Duties of county councils

 

 

 

 

 

State to collaborate

 

 

 

 

 

 

 

 

Consistency with federal authorities

 

 

 

 

 

Rule or regulation of U.S. paramount


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

ê1943 Statutes of Nevada, Page 198 (CHAPTER 137, SB 6)ê

 

 

 

State not responsible

 

 

 

 

 

 

Workers not responsible

 

 

 

 

 

 

 

 

Appropriation for administration

 

 

 

Provisions declared severable

 

 

Title of act

In effect

 

Repeal

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

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

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

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

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

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

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

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

 

________

 

 


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

ê1943 Statutes of Nevada, Page 199ê

CHAPTER 138, AB 43

[Assembly Bill No. 43–Committee on Livestock]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation $30,000

 

 

 

 

 

 

 

 

 

Board to cooperate with department of interior

 

 

 

 

 

 

 

Claims, how disposed of

 

 

 

In effect


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

ê1943 Statutes of Nevada, Page 200 (CHAPTER 138, AB 43)ê

 

 

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

 

________

 

CHAPTER 139, AB 42

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Justice’s clerk, powers and duties

 

 

 

 

 

 

 

 

 

 

 

 

In effect

[Assembly Bill No. 42–Washoe County Delegation]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being chapter 164, Statutes of Nevada 1939, page 247, is hereby amended to read as follows:

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

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

 

________

 

 


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

ê1943 Statutes of Nevada, Page 201ê

CHAPTER 140, AB 50

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

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees deposited with treasurer

 

In effect

 

________

 

CHAPTER 141, AB 71

[Assembly Bill No. 71–Mr. Kelly]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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

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

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

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

 

 

 

 

 

 

 

 

 

 

Bounty for oil well

 

 

 

Commercial well defined

 

 

 

Commission to issue certificate, when


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

ê1943 Statutes of Nevada, Page 202 (CHAPTER 141, AB 71)ê

 

Claim, how paid

 

 

 

Appropriation

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

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

 

________

 

CHAPTER 142, AB 122

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Teachers permanent fund, how established

[Assembly Bill No. 122–Committee on Education]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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

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


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

ê1943 Statutes of Nevada, Page 203 (CHAPTER 142, AB 122)ê

 

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

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

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

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

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

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

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

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

 

 

 

 

 

 

 

 

 

 

Results basis for appropriation

 

 

 

 

 

 

 

Tax, how collected


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

ê1943 Statutes of Nevada, Page 204 (CHAPTER 142, AB 122)ê

 

Tax, how collected

 

 

 

 

 

 

 

 

 

Board may recommend changes

 

 

 

 

In effect

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

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

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

 

________

 

CHAPTER 143, AB 133

 

[Assembly Bill No. 133–Committee on Judiciary]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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


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

ê1943 Statutes of Nevada, Page 205 (CHAPTER 143, AB 133)ê

 

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

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

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

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

Board may prescribe proofs

 

Act declared severable

 

 

 

Repeal

 

 

In effect

 

________

 

CHAPTER 144, AB 152

[Assembly Bill No. 152–Mr. Johnson]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

 


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

ê1943 Statutes of Nevada, Page 206 (CHAPTER 144, AB 152)ê

 

Fishing seasons defined

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

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

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

 

________

 

CHAPTER 145, AB 162

 

 

 

 

 

 

 

 

 

 

 

U.S. officers may administer oath

[Assembly Bill No. 162–Mr. Grant]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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


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

ê1943 Statutes of Nevada, Page 207 (CHAPTER 145, AB 162)ê

 

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

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

 

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

                                                                                                                 Signature of officer.

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

                                                                                                Rank of officer and command

                                                                                                         to which attached.

 

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

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

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

 

 

 

 

 

Form of oath or affirmation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Oath to have same force and effect

 

 

 

 

Provisions retroactive

 

 

 

 

 

In effect

 

________

 

 


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

ê1943 Statutes of Nevada, Page 208ê

CHAPTER 146, AB 169

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Marriages subsequent to March 1937 validated

 

 

 

 

In effect

[Assembly Bill No. 169–Nye County Delegation]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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

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

 

________

 

CHAPTER 147, AB 175

 

 

 

 

 

 

 

 

 

 

Salary of sheriff

 

Disposition of fees

 

 

 

Repeal

 

In effect

[Assembly Bill No. 175–Washoe County Delegation]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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

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

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

 

________

 

 


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

ê1943 Statutes of Nevada, Page 209ê

CHAPTER 148, AB 176

[Assembly Bill No. 176–Clark County Delegation]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of commission


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

ê1943 Statutes of Nevada, Page 210 (CHAPTER 148, AB 176)ê

 

Additional duties

 

 

 

 

 

Additional duties

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

All revenue to be deposited in state treasury

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

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

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


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

ê1943 Statutes of Nevada, Page 211 (CHAPTER 148, AB 176)ê

 

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

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

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

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

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

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

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

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

May adopt rules and regulations

 

 

Revenues, how dispersed

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 149, AB 181

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

 

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

 

[Approved March 24, 1943]

 

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

 

 

 

 

 

 

 

 

 

 

 

 

Preamble


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

ê1943 Statutes of Nevada, Page 212 (CHAPTER 149, AB 181)ê

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation for A.B. 76 increases

 

 

 

 

Appropriation for A.B. 77 increases

 

 

 

 

 

 

Duties of board of control

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

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

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

 

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

Assembly, do enact as follows:

 

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

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

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

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


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

ê1943 Statutes of Nevada, Page 213 (CHAPTER 149, AB 181)ê

 

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

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

When appropriation inoperative

 

In effect

 

________

 

CHAPTER 150, Senate Substitute for Assembly Bill No. 107

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

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being section 2225 N. C. L. 1929 is hereby amended to read as follows:

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Public hospitals, how established

 

 

 

 

 

 

 

Duties of county commissioners

 


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

ê1943 Statutes of Nevada, Page 214 (CHAPTER 150, Senate Substitute for Assembly Bill No. 107)ê

 

 

 

 

Annual tax may be levied

 

 

 

 

 

 

Notice by publication

 

 

 

 

 

 

 

 

 

Election may be held

 

 

 

 

Disposition of funds

 

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


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

ê1943 Statutes of Nevada, Page 215 (CHAPTER 150, Senate Substitute for Assembly Bill No. 107)ê

 

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

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

 

 

In effect

 

________

 

CHAPTER 151, AB 49

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

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State health officer, how appointed; qualifications

 

 

 

 

 

 

 

 

Compensation of health officer

 

 

 

 

In effect

 

________

 

 


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

ê1943 Statutes of Nevada, Page 216ê

CHAPTER 152, AB 117

 

 

 

 

 

 

 

 

 

 

 

 

Photo-engraved plates, where purchased

 

 

 

 

 

 

 

 

 

Contingent upon satisfactory service

 

 

 

 

Repeal

 

In effect

[Assembly Bill No. 117–Mr. Burke]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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

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

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

 

________

 

 


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

ê1943 Statutes of Nevada, Page 217ê

CHAPTER 153, AB 129

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

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation for planning board

 

________

 

CHAPTER 154, AB 177

[Assembly Bill No. 177–Washoe County Delegation]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being section 1257 N. C. L. 1929, as amended, is hereby amended to read as follows:

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

      1.  By an act of the legislature.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

How charters may be amended


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

ê1943 Statutes of Nevada, Page 218 (CHAPTER 154, AB 177)ê

 

How charters may be amended

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of governing body

 

 

 

Percentages, how determined

 

In effect

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

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

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

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

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

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

 

________

 

 


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

ê1943 Statutes of Nevada, Page 219ê

CHAPTER 155, AB 182

[Assembly Bill No. 182–Clark County Delegation]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City manager, how appointed and duties

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City manager may be removed


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

ê1943 Statutes of Nevada, Page 220 (CHAPTER 155, AB 182)ê

 

 

 

 

 

 

 

 

Electorate must acquiesce

 

 

 

 

 

In effect

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

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

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

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

 

________

 

CHAPTER 156, AB 184

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

Supplemental appropriation

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

 

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

 

[Approved March 24, 1943]

 

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

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

 

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

Assembly, do enact as follows:

 

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


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

ê1943 Statutes of Nevada, Page 221 (CHAPTER 156, AB 184)ê

 

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

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

 

In effect

 

________

 

CHAPTER 157, AB 19

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

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being section 7435 Nevada Compiled Laws 1929, is hereby amended to read as follows:

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

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Personnel of state police, appropriation

 

 

 

 

 

 

 

Powers and duties of personnel


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

ê1943 Statutes of Nevada, Page 222 (CHAPTER 157, AB 19)ê

 

Powers and duties of personnel

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Superintendent to designate arms and uniforms

 

 

 

 

Salaries of personnel

 

 

 

 

 

 

 

Per diem of reserves

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

ê1943 Statutes of Nevada, Page 223 (CHAPTER 157, AB 19)ê

 

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

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

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

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

 

 

 

 

 

Automobiles may be purchased

 

 

 

Claims, how allowed

 

 

 

 

In effect

 

________

 

CHAPTER 158, AB 21

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

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appointment and salary of warden


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

ê1943 Statutes of Nevada, Page 224 (CHAPTER 158, AB 21)ê

 

 

 

 

 

 

 

 

 

Warden to execute bond

 

 

 

 

Repeal

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

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

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

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

 

________

 

 


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

ê1943 Statutes of Nevada, Page 225ê

CHAPTER 159, AB 165

[Assembly Bill No. 165–Committee on Education]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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

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

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

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

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

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

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

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

Rural schools fund established

 

 

 

 

 

 

 

 

 

 

 

Definition of rural schools

 

Eligibility for assistance


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

ê1943 Statutes of Nevada, Page 226 (CHAPTER 159, AB 165)ê

 

General fund appropriation

 

 

Payments, how determined

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

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

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

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

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

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

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

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

 

________

 

CHAPTER 160, AB 151

 

 

 

 

 

 

 

 

 

 

 

Supplemental appropriation

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

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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


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

ê1943 Statutes of Nevada, Page 227 (CHAPTER 160, AB 151)ê

 

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

 

 

________

 

CHAPTER 161, SB 77

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

 

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

 

[Approved March 24, 1943]

 

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Preamble


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

ê1943 Statutes of Nevada, Page 228 (CHAPTER 161, SB 77)ê

 

 

 

 

 

 

 

Certain schools to consolidate funds

 

 

 

 

 

 

Disposal of funds

 

 

Duties of school trustees

 

 

 

 

In effect

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

 

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

Assembly, do enact as follows:

 

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

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

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

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

 

________

 

CHAPTER 162, SB 82

 

[Senate Bill No. 82–Senator Tognoni]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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


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

ê1943 Statutes of Nevada, Page 229 (CHAPTER 162, SB 82)ê

 

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

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

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

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

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

Duties of grand jury

 

 

 

 

 

 

 

 

Grand jury sessions, who may attend

 

 

 

 

 

 

 

 

 

Grand jury may employ assistants

 

 

In effect

 

________

 

 


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

ê1943 Statutes of Nevada, Page 230ê

CHAPTER 163, SB 93

 

 

 

 

 

 

 

 

 

 

 

N.C.L. supplement declared legal

 

 

 

 

 

 

Designation of supplement

 

In effect

[Senate Bill No. 93–Committee on Judiciary]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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

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

 

________

 

CHAPTER 164, SB 97

 

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

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being section 7774 Nevada Compiled Laws 1929, is hereby amended to read as follows:

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


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

ê1943 Statutes of Nevada, Page 231 (CHAPTER 164, SB 97)ê

 

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

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

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

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

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

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

To cooperate with federal board

 

 

Board to act jointly with industrial commission

 

 

 

Board to receive gifts or donations

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 165, SB 100

[Senate Bill No. 100–Senator Russell]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

 

 

 

 

 

 

 

 

 

 

 

 

When judge may dismiss action


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

ê1943 Statutes of Nevada, Page 232 (CHAPTER 165, SB 100)ê

 

When judge may dismiss action

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

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

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

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

 

________

 

CHAPTER 166, SB 40

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of board of trustees

[Senate Bill No. 40–Senator Russell]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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


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

ê1943 Statutes of Nevada, Page 233 (CHAPTER 166, SB 40)ê

 

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

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

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

Duties of clerk; compensation

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 167, SB 79

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

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Emergency appropriation, how created


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

ê1943 Statutes of Nevada, Page 234 (CHAPTER 167, SB 79)ê

 

Emergency appropriation, how created

 

 

 

 

 

Repeal

 

In effect

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

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

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

 

________

 

CHAPTER 168, SB 103

 

 

 

 

 

 

Preamble

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

 

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

 

[Approved March 24, 1943]

 

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

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

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

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

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


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

ê1943 Statutes of Nevada, Page 235 (CHAPTER 168, SB 103)ê

 

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

 

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

Assembly, do enact as follows:

 

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

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

 

 

 

 

 

 

 

Relief appropriation

 

 

 

 

In effect

 

________

 

CHAPTER 169, SB 104

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

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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

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

 

 

 

 

 

 

 

 

 

 

 

Appropriation for elevator

 

 

Duty of board of control

 

 

 

 

Authorization of payment


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

ê1943 Statutes of Nevada, Page 236 (CHAPTER 169, SB 104)ê

 

 

In effect

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

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

 

________

 

CHAPTER 170, SB 65

 

 

 

 

 

 

 

 

 

 

 

 

 

School lunch projects authorized

 

 

 

 

 

 

 

In effect

[Senate Bill No. 65–Senator Cox]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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

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

 

________

 

CHAPTER 171, SB 107

 

[Senate Bill No. 107–Committee on Judiciary]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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


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

ê1943 Statutes of Nevada, Page 237 (CHAPTER 171, SB 107)ê

 

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

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

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

 

 

 

Procedure when personal summons cannot be made

 

 

 

 

In effect

 

________

 

CHAPTER 172, SB 109

[Senate Bill No. 109–Senator Johnson]

 

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

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees of Ormsby County recorder


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

ê1943 Statutes of Nevada, Page 238 (CHAPTER 172, SB 109)ê

 

Fees of Ormsby County recorder

 

 

 

 

 

 

 

In effect

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

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

 

________

 

CHAPTER 173, SB 49

 

 

 

 

 

 

 

 

 

 

 

Appropriation for mental hospital

 

 

Duty of commissioners

 

 

 

 

 

 

In effect

[Senate Bill No. 49–Committee on State Prison and Hospital for Mental Diseases]

 

Chap. 173–An Act appropriating a sum of money to the state hospital for mental diseases for certain specific purposes, and authorizing and directing the board of commissioners to expend and disburse the same.

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated to the state hospital for mental diseases, out of any moneys now in the state treasury not otherwise appropriated, the sum of five thousand ($5,000) dollars to be expended and disbursed by the board of commissioners of the state hospital for mental diseases as follows:

      Immediately upon said sum of money being made available the board of commissioners shall purchase additional furniture and fixtures for the women’s ward of said hospital in an amount not to exceed two thousand ($2,000) dollars, and an amount not to exceed two thousand ($2,000) dollars for furniture for the quarters of the male patients; and said board of commissioners shall also purchase paint in an amount of one thousand ($1,000) dollars for the purpose of repainting the interior of the buildings of said hospital.

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

 

________

 

 


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

ê1943 Statutes of Nevada, Page 239ê

CHAPTER 174, SB 95

[Senate Bill No. 95–Committee on Ways and Means]

 

Chap. 174–An Act to provide a supplementary appropriation for the support and maintenance of the venereal diseases control division of the state board of health in cooperation with the federal government.

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated out of any fund in the state treasury, not otherwise specifically allotted, the sum of two thousand ($2,000) dollars, in addition and supplemental to the budget allowance for the support of the venereal diseases control division of the state board of health in cooperation with the federal government.

 

 

 

 

 

 

 

 

 

 

 

Venereal disease support

 

________

 

CHAPTER 175, SB 30

[Senate Bill No. 30–Senator Farndale]

 

Chap. 175–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, being chapter 129 of the Statutes of 1937, as amended.

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, as amended, being section 2825.02 of volume 1 of the 1931-1941 Supplement to N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  As used in this act, unless the context clearly requires otherwise-

      (a) “Base period” means the first four of the last five completed calendar quarters immediately preceding the first day of an individual’s benefit year; provided, however, there shall be excluded from the base period any completed calendar quarter the whole of which is spent by an individual in active military service of the United States and the period immediately following during which the individual is being paid federal unemployment allowances, if any, and the quarter in which he was inducted into such service, if:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Definitions

Base period


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

ê1943 Statutes of Nevada, Page 240 (CHAPTER 175, SB 30)ê

 

 

 

Military service recognized

 

 

 

 

 

Proof of completion

 

 

 

 

 

 

 

 

Benefits

 

Benefit year

 

 

 

 

 

 

 

 

 

 

 

 

Contributions

paid federal unemployment allowances, if any, and the quarter in which he was inducted into such service, if:

      (1) Such individual shall have been inducted into active military service in the land or naval forces of the United States by operation of the selective training and service act of 1940 (public act No. 783), or ordered into such service as provided in the national guard and reserve officers mobilization act (public resolution No. 96 as amended by public act No. 783), and have so served for more than thirty days; and

      (2) He shall have notified the commissioner of such induction or order in accordance with such regulations as the commissioner may prescribe; and

      (3) He shall exhibit to the commissioner a certificate showing satisfactory completion of the period of training and service as in said acts provided, within forty days following completion of such service; and proof of the discontinuance of federal unemployment allowances, if any; and provided further, that the wages earned by an individual for employment within that quarter in which he is inducted into such service shall be deemed for benefit purposes to have been earned within that quarter of his base period in which he completes such period of military training and service; or to have been earned within that quarter of his base period in which federal unemployment allowances, if any, have been discontinued.

      (b) “Benefits” means the money payments payable to an individual, as provided in this act, with respect to his unemployment.

      (c) “Benefit year,” with respect to any individual, means the fifty-two consecutive week period beginning with the first day of the week with respect to which a valid claim shall be filed, and thereafter the fifty-two consecutive week period beginning with the first day of the first week with respect to which a valid claim shall be filed after the termination of his last preceding benefit year; provided, however, that there shall be excluded from such period any week spent in whole or in part by an individual in the active military service of the United States and any week spent in whole or in part by an individual drawing federal unemployment allowances, if any, if such service is in conformity with and the individual has complied with the requirements of subsections (1), (2), and (3) of section 2(a) of this act. Any claim for benefits made in accordance with section 6(a) of this act shall be deemed to be a valid claim for the purposes of this subsection if the individual has earned wages for employment by employers as provided in section 4(e) of this act.

      (d) “Contributions” means the money payments to the state unemployment compensation fund required by this act.


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

ê1943 Statutes of Nevada, Page 241 (CHAPTER 175, SB 30)ê

 

      (e) “Calendar quarter” means the period of three consecutive calendar months ending on March 31, June 30, September 30, or December 31, or the equivalent thereof as the commissioner may by regulation prescribe, excluding, however, any calendar quarter or portion thereof which occurs prior to January 1, 1938.

      (f) “Commissioner” and “director” as used in this act mean the executive director of the employment security department.

      (g) “Employing unit” means any individual or type of organization, including any partnership, association, trust, estate, joint-stock company, insurance company, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or successor thereof, or the legal representative of a deceased person, which has or subsequent to January 1, 1936, had in its employ one or more individuals performing services for it within this state. All individuals performing services within this state for any employing unit which maintains two or more separate establishments within this state shall be deemed to be employed by a single employing unit for all the purposes of this act. Each individual employed to perform or to assist in performing the work of any agent or employee of any employing unit shall be deemed to be employed by such employing unit for all the purposes of this act, whether such individual was hired or paid directly by such employing unit or by such agent or employee, provided the employing unit had actual or constructive knowledge of the work.

      (h) “Employer” means:

      (1) Any employing unit which for any calendar quarter has paid or is liable to pay wages of $225 or more, and which employs during such period one or more persons in an employment subject to this act;

      (2) Any individual or employing unit which acquired the organization, trade, or business, or substantially all the assets thereof, of another which at the time of such acquisition was an employer subject to this act;

      (3) Any individual or employing unit which acquired the organization, trade, or business, or substantially all of the assets thereof, of another employing unit if the employment record of such individual or employing unit subsequent to such acquisition, together with the employment record of the acquired unit prior to such acquisition, both within the same calendar quarter, would be sufficient to constitute such employing unit as an employer subject to this act under paragraph 1 of this subsection.

      (4) Any employing unit which, having become an employer under paragraphs (1), (2), or (3) has not, under section 8, ceased to be an employer subject to this act; or

Calendar quarter

 

 

 

Commissioner

 

Employing unit

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employer


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

ê1943 Statutes of Nevada, Page 242 (CHAPTER 175, SB 30)ê

 

 

 

Employment

      (5) For the effective period of its election pursuant to section 8(c) any other employing unit which has elected to become fully subject to this act.

      (i) (1) “Employment,” subject to the other provisions of this subsection, means service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied.

      (2) The term “employment” shall include an individual’s entire service, performed within or both within and without this state if-

      (a) The service is localized in this state; or

      (b) The service is not localized in any state but some of the service is performed in this state and (i) the base of operations, or, if there is no base of operations, then the place from which such service is directed or controlled, is in this state; or (ii) the base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the individual’s residence is in this state.

      (3) Services not covered under paragraph (2) of this subsection and performed entirely without this state, with respect to no part of which contributions are required and paid under an unemployment compensation law of any other state or of the federal government, shall be deemed to be employment subject to this act if the individual performing such services is a resident of this state and the commissioner approves the election of the employing unit for whom such services are performed that the entire service of such individual shall be deemed to be employment subject to this act.

      (4) Service shall be deemed to be localized within a state if-

      (a) The service is performed entirely within such state; or

      (b) The service is performed both within and without such state, but the service performed without such state is incidental to the individual’s service within the state, for example, is temporary or transitory in nature or consists of isolated transactions.

      (5) Services performed by an individual for wages shall be deemed to be employment subject to this act unless and until it is shown to the satisfaction of the commissioner that-

      (a) Such individual has been and will continue to be free from control or direction over the performance of such services, both under his contract of service and in fact; and

      (b) Such service is either outside the usual course of the business for which such service is performed or that such service is performed outside of all the places of business of the enterprises for which such service is performed; and


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

ê1943 Statutes of Nevada, Page 243 (CHAPTER 175, SB 30)ê

 

      (c) Such service is performed in the course of an independently established trade, occupation, profession or business in which the individual is customarily engaged, of the same nature as that involved in the contract of service.

      (6) The term “employment” shall not include:

      (a) Agricultural labor;

      (b) Domestic service in a private home;

      (c) Service performed as an officer or member of the crew of a vessel on the navigable waters of the United States;

      (d) Service performed by an individual in the employ of his son, daughter, or spouse, and service performed by a child under the age of twenty-one in the employ of his father or mother;

      (e) Service performed in the employ of any other state or its political subdivisions, or of the United States government, or of an instrumentality of any other state or states or their political subdivisions or of the United States; provided, that in the event that the Congress of the United States shall permit the states to require any instrumentality of the United States to make payment into an unemployment fund under a state unemployment compensation act, and to comply with state regulations thereunder, then, to the extent permitted by Congress, and from and after the date as of which such permission becomes effective, all of the provisions of this act shall be applicable to such instrumentality and to service performed for such instrumentality in the same manner, to the same extent, and on the same terms as to all other employers, employing units, individuals and services; provided further, that if this state should not be certified by the social security board under section 903 of the social security act for any year, then the payments required from such instrumentality and their workers with respect to such year shall be refunded by the commissioner from the unemployment fund, without interest;

      (f) Service performed in the employ of this state, or of any political subdivision thereof, or of any instrumentality of this state or its political subdivisions, which is wholly owned by this state or one or more of its political subdivisions; and any service performed in the employ of any such instrumentality to the extent that the instrumentality is, with respect to such service, exempt under the constitution of the United States from the tax imposed by section 1600 of the United States internal revenue code;

      (g) Service performed in the employ of a corporation, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual;

 

 

 

 

 

 

 

Employment shall not include


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

ê1943 Statutes of Nevada, Page 244 (CHAPTER 175, SB 30)ê

 

Employment shall not include

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employment office

 

 

Fund

 

 

State

of which inures to the benefit of any private shareholder or individual;

      (h) Service performed after June 30, 1939, in the employ of an employer as defined in the railroad unemployment insurance act (52 Stat. 1094); and service with respect to which unemployment compensation is payable under any other unemployment compensation system established by an act of Congress; provided, that the commissioner is hereby authorized and directed to enter into agreements with the proper agencies under such act or acts of Congress, which agreement shall become effective ten days after publication thereof in the manner provided in section 11(b) of this act for general rules, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this act, acquired rights to unemployment compensation under such act or acts of Congress, or who have, after acquiring potential rights to unemployment compensation under such act or acts of Congress, acquired rights to benefits under this act;

      (i) Service performed by an individual under the age of eighteen in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution.

      (j) Service performed by lessees engaged in mining under lease agreements unless the individual lease agreement or the practice in actual operations under such agreement is such as would constitute the lessees employees of the lessor at common law.

      (7) If the services performed during one-half or more of any pay period by an individual for the employing unit constitute employment, all the services of such individual for such period shall be deemed to be employment; but if the services performed during more than one-half of any such period by an individual for the employing unit do not constitute employment, then none of the services of such individual for such period shall be deemed to be employment.

      (j) “Employment office” means a free public employment office or branch thereof, operated by this state or maintained as a part of a state controlled system of public employment offices.

      (k) “Fund” means the unemployment compensation fund established by this act, to which all contributions required and from which all benefits provided under this act shall be paid.

      (l) “State” includes, in addition to the states of the United States of America, Alaska, Hawaii, and the District of Columbia.

      (m) “Unemployment.”  An individual shall be deemed “unemployed” in any week during which he performs no services and with respect to which no remuneration is payable to him or in any week of less than full-time work, if the remuneration payable to him with respect to such week is less than his weekly benefit amount.


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

ê1943 Statutes of Nevada, Page 245 (CHAPTER 175, SB 30)ê

 

“unemployed” in any week during which he performs no services and with respect to which no remuneration is payable to him or in any week of less than full-time work, if the remuneration payable to him with respect to such week is less than his weekly benefit amount. The commissioner shall prescribe regulations applicable to unemployed individuals, making such distinctions in the procedures as to total unemployment, part-total unemployment, partial unemployment of individuals attached to their regular jobs, and other forms of short-time work, as the commissioner deems necessary.

      (n) “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 service 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;

      (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 commissioner.

      (o) “Week” means such period of seven consecutive calendar days as the commissioner may by regulations prescribe.

Unemployment

 

 

 

 

 

 

 

Wages

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Week


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

ê1943 Statutes of Nevada, Page 246 (CHAPTER 175, SB 30)ê

 

Weekly benefit amount

 

 

Duration of war

 

 

 

 

 

 

Disqualification for benefits

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Suitability of work, how determined

 

 

 

Exception

      (p) “Weekly benefit amount.”  An individual’s “weekly benefit amount” means the amount of benefit he would be entitled to receive for one week of total unemployment.

      (q) “Duration of the war.”  This expression when used in this act shall and will mean that period of time beginning on December 8, 1941, and ending-for the purpose of this act-at such time as the governor by proclamation may declare that a state of war no longer exists.

      Sec. 2.  Section 5 of the above-entitled act, as amended, being section 2825.05 of volume 1 of the 1931-1941 Supplement to N. C. L. 1929, is hereby amended to read as follows:

      Section 5.  An individual shall be disqualified for benefits-

      (a) For the week in which he has left his work voluntarily without good cause, if so found by the commissioner, and for not more than fifteen consecutive weeks thereafter, occurring within the current benefit year, or within the current and following benefit year, as determined by the commissioner according to the circumstances in each case.

      (b) For the week in which he has been discharged by his most recent employing unit for misconduct connected with his work, if so found by the commissioner, and for not more than fifteen consecutive weeks thereafter occurring within the current benefit year, or within the current and following benefit year, as determined by the commissioner in each case according to the seriousness of the misconduct.

      (c) If the commissioner finds that he has failed, without good cause, either to apply for available, suitable work when so directed by the employment office or the commissioner or to accept suitable work when offered him. Such disqualification shall continue for the week in which such failure occurred and for not more than fifteen consecutive weeks thereafter occurring within the current benefit year, or within the current and following benefit year, as determined by the commissioner according to the circumstances in each case.

      (1) In determining whether or not any work is suitable for an individual, the commissioner shall consider the degree of risk involved to his health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation.

      (2) Notwithstanding any other provisions of this act, no work shall be deemed suitable and benefits shall not be denied under this act to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (a) If the position offered is vacant due directly to a strike, lockout, or other labor dispute; (b) if the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; (c) if as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.


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

ê1943 Statutes of Nevada, Page 247 (CHAPTER 175, SB 30)ê

 

hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; (c) if as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.

      (d) For any week with respect to which the commissioner finds that his total or partial unemployment is due to a labor dispute in active progress at the factory, establishment, or other premises at which he is or was last employed; provided, that this subsection shall not apply if it is shown to the satisfaction of the commissioner that-

      (1) He is not participating in or financing or directly interested in the labor dispute which caused his unemployment; and

      (2) He does not belong to a grade or class of workers of which, immediately before the commencement of the labor dispute there were members employed at the premises at which the labor dispute occurs, any of whom are participating in or financing or directly interested in the labor dispute; provided, that if in any case separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each such department shall, for the purposes of this subsection, be deemed to be a separate factory, establishment or other premises.

      (e) For any week with respect to which or to a part of which he has received or is seeking unemployment benefits under an unemployment compensation law of another state or of the United States; provided, that if the appropriate agency of such other state or of the United States finally determines that he is not entitled to such unemployment benefits, this disqualification shall not apply.

      (f) For fifty-two weeks from the date of his conviction under the provisions of section 16(a) of this act.

      (g) For any week with respect to which or to a part of which he is registered for and in attendance at any established school, college or university; provided, that nothing in this subsection shall apply to night or vocational training schools.

      (h) For any week, after the employment of a female individual has been discontinued on account of marriage, but only with respect to benefit rights accrued prior to her marriage.

      Sec. 3.  Section 7 of the above-entitled act, being section 2825.07 of volume 1 of the 1931-1941 Supplement to N. C. L. 1929, 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.

Exception


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

ê1943 Statutes of Nevada, Page 248 (CHAPTER 175, SB 30)ê

 

Contributions, payment

 

 

 

 

 

 

 

 

Rate of contribution

 

 

 

 

 

Future rates, how based

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. Such contributions shall become due and be paid by each employer to the commissioner for the fund in accordance with such regulation as the commissioner 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 commissioner shall, for the period of twelve months commencing January 1, 1945, and for each calendar year thereafter, classify employers in accordance with their actual contribution and benefit experience, and shall determine for each employer the rate of contribution which shall apply to him throughout the calendar year in order to reflect said experience and classification. In making such classification, the commissioner 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 the 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. 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 rates for any calendar year shall be so fixed that they would, if applied to all employers and their annual pay rolls of the preceding calendar year, have yielded total contributions equalling approximately 2 7/10 per centum of the total of all such annual pay rolls.


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

ê1943 Statutes of Nevada, Page 249 (CHAPTER 175, SB 30)ê

 

equalling approximately 2 7/10 per centum of the total of all such annual pay rolls. The commissioner 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 three calendar years throughout which any individual in his employ could have received benefits if unemployed and eligible.

      (2) No employer’s contribution rate shall be less than 1 per centum.

      As used in this section the term “annual pay roll” means the total amount of wages payable by an employer (regardless of the time of payment) for employment during a calendar year.

      Sec. 4.  Section 13 of the above-entitled act, as amended, being section 2825.13 of volume 1 of the 1931-1941 Supplement to N. C. L. 1929, is hereby amended to read as follows:

      Section 13.  (a) Special Fund.  There is hereby created in the state treasury a special fund to be known as the unemployment compensation administration fund. All moneys which are deposited or paid into this fund are hereby appropriated and made available to the commissioner. All moneys in this fund shall be expended solely for the purpose of defraying the cost of the administration of this act, and of the employment security administration law, and for no other purpose whatsoever. All moneys received from the social security board for the fund pursuant to section 302 of the social security act shall be expended solely for the purposes and in the amounts found necessary by the social security board for the proper and efficient administration of these acts. The fund shall consist of all moneys appropriated by this state, and all moneys received from the United States of America or any agency thereof, including the social security board, the railroad retirement board, and the United States employment service, or from any other source, for such purpose. Moneys received from the railroad retirement board as compensation for services or facilities supplied to said board shall be paid into this fund. All moneys in this fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as is provided by law for other special funds in the state treasury. Any balances in this fund shall not lapse at any time, but shall be continuously available to the commissioner for expenditure consistent with this act. Moneys in this fund shall not be commingled with other state funds, but shall be maintained in a separate account on the books of the depositary. Such moneys shall be secured by the depositary in which they are held, to the same extent and in the same manner as required by the general depositary laws of the state, and collateral pledged shall be maintained in a separate custody account.

 

 

 

 

 

 

 

 

 

 

 

 

 

Unemployment compensation administration fund-Special fund


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

ê1943 Statutes of Nevada, Page 250 (CHAPTER 175, SB 30)ê

 

 

 

 

 

Reimbursement of fund

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

same manner as required by the general depositary laws of the state, and collateral pledged shall be maintained in a separate custody account. All sums recovered on any official bond for losses sustained by the unemployment compensation administration fund shall be deposited in said fund.

      (b) Reimbursement of Fund.  If any moneys received after June 30, 1941, from the social security board under title III of the social security act, or any unencumbered balances in the unemployment compensation administration fund as of that date, or any moneys granted after that date to this state pursuant to the provisions of the Wagner-Peyser act, are found by the social security board, because of any action or contingency, to have been lost or been expended for purposes other than, or in amounts in excess of, those found necessary by the social security board for the proper administration of this act, it is the policy of this state that such moneys shall be replaced by moneys appropriated for such purpose from the general funds of this state to the unemployment compensation administration fund for expenditure as provided in subsection (a) of this section. Upon receipt of notice of such a finding by the social security board, the commissioner shall promptly report the amount required for such replacement to the governor and the governor shall at the earliest opportunity submit to the legislature a request for the appropriation of such amount. This subsection shall not be construed to relieve this state of its obligation with respect to funds received prior to July 1, 1941, pursuant to the provisions of title III of the social security act.

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

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

 

________

 

CHAPTER 176, SB 108

 

 

 

 

 

 

 

Preamble

[Senate Bill No. 108–Senator Caughman]

 

Chap. 176–An Act for the relief of “Shea and Beebe Contractors,” and for the relief of “Del R. Beebe Contractor.”

 

[Approved March 24, 1943]

 

      Whereas, Shea and Beebe contractors, of Hawthorne, Nevada, and more recently Del R. Beebe contractor, of Hawthorne, Nevada, have for several years last past been a firm of construction contractors engaged exclusively in and about federal war projects at and near Hawthorne, Mineral County, Nevada, and at and near Las Vegas, Clark County, Nevada; and

      Whereas, The said Shea and Beebe contractors, and more recently Del R. Beebe contractor,


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

ê1943 Statutes of Nevada, Page 251 (CHAPTER 176, SB 108)ê

 

recently Del R. Beebe contractor, have for the past two years been required by the federal government to accomplish as war emergency projects in excess of 300% of the normal work out-put of the firm; and

      Whereas, By reason of the lack of trained personnel and the necessity of performing actual construction work first and bookwork as and when time afforded the administrative affairs, accounts, records, and bookkeeping details of the firm became confused and delayed; and

      Whereas, By reason thereof certain claims made to the Nevada tax commission for gasoline tax refunds, namely, the claim of Shea and Beebe contractors, of date the 1st day of September 1941, in the amount of $336.40 and the two more recent claims made by Del R. Beebe contractor, of date the 11th day of March 1943, in the amounts of $3,066.32 and $1,001.20 were not filed within the statutory time allowed for the filing of such claims and for such reason, and none other, each of said claims and requests for gasoline tax refunds were denied by the Nevada tax commission and by the state board of examiners; and

      Whereas, Mr. Shea, of the firm of Shea and Beebe contractors, was, without notice, called into the military service of the United States where he is now serving with the rank of captain, all of which necessitated the dissolution of the firm of Shea and Beebe contractors and the taking over of the business affairs of the firm by Del R. Beebe; and

      Whereas, The navy department has recently taken over the entire contracting firm from Del. R. Beebe and Mr. Beebe himself is about to enter the military forces, all of which makes it imperative that there be an immediate settlement of the affairs of the firm; and

      Whereas, There is no present statutory authority giving the Nevada tax commission and the state board of examiners the right to take into consideration the reasons causing the delay in filing the claims and requests for gasoline tax refunds herein referred to; and

      Whereas, There is no method whereby said claims for gasoline tax refunds may be paid other than by legislative action; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The gasoline tax refund request made to the Nevada tax commission by Shea and Beebe contractors of date the 3d day of September 1941, in the amount of $336.40 and the two additional requests for gasoline tax refunds made by Del R. Beebe contractor to the Nevada tax commission on the 11th day of March 1943, in the respective amounts of $3,066.32 and $1,001.20, and each of them, is hereby allowed and declared to be a valid claim against the State of Nevada, and the sum of $4,403.92 is hereby appropriated out of any unappropriated funds now in the treasury of the State of Nevada to pay said claims and each of them, and the state controller is directed to draw a warrant in favor of Del R.

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation for gas tax refund


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

ê1943 Statutes of Nevada, Page 252 (CHAPTER 176, SB 108)ê

 

Appropriation for gas tax refund

 

 

 

 

 

 

 

 

In effect

amounts of $3,066.32 and $1,001.20, and each of them, is hereby allowed and declared to be a valid claim against the State of Nevada, and the sum of $4,403.92 is hereby appropriated out of any unappropriated funds now in the treasury of the State of Nevada to pay said claims and each of them, and the state controller is directed to draw a warrant in favor of Del R. Beebe for the full sum of $4,403.92, and the state treasurer is directed to pay the same. The Nevada tax commission is hereby directed to pay into the state treasury for the general fund of the State of Nevada the sum of $4,403.92, out of any moneys received by it from gasoline tax, for the purpose of reimbursing the general fund of the State of Nevada for the appropriation herein made in its behalf.

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

 

________

 

CHAPTER 177, SB 114

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation

[Senate Bill No. 114–Committee on Ways and Means]

 

Chap. 177–An Act providing an appropriation of five thousand dollars for the board of athletic control of the University of Nevada for the support of athletics.

 

[Approved March 24, 1943]

 

      Whereas, The athletic activities of the University of Nevada have been for many years past financed through student body fees paid by each student to the associated student body of the University of Nevada; and

      Whereas, The number of students contributing to this fund two years ago numbered approximately twelve hundred and the sum of money received by the athletic board of control from this source amounted to the sum of eighteen thousand ($18,000) dollars per annum; and

      Whereas, The student body has now been reduced to five hundred and will be four hundred, or less, during the 1943-1944 college years, all of which will reduce the amount of money available to the athletic board of control from approximately eighteen thousand dollars per annum to approximately six thousand dollars, all of which will result in suspending athletics at the University of Nevada for want of funds; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated out of any unappropriated funds now in the state treasury the sum of five thousand ($5,000) dollars which sum shall be set aside to, and disbursed by, the board of athletic control of the University of Nevada for the support of athletic activities therein for the biennium ending June 30, 1945.


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

ê1943 Statutes of Nevada, Page 253 (CHAPTER 177, SB 114)ê

 

to, and disbursed by, the board of athletic control of the University of Nevada for the support of athletic activities therein for the biennium ending June 30, 1945.

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

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

 

 

Repeal

In effect

 

________

 

CHAPTER 178, SB 89

[Senate Bill No. 89–Committee on Mines and Mining]

 

Chap. 178–An Act establishing an advisory mining board for the State of Nevada; providing for the qualification and appointment of members thereof; defining the objects and purposes of said board; providing an appropriation therefor; and other matters relating thereto.

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby created an advisory mining board for the State of Nevada consisting of seven (7) members, bona fide residents of the state who are trained, experienced, and qualified in the operation of the mining industry of the state and completely conversant with its problems. Within thirty (30) days after the passage and approval of this act, the governor shall appoint the members of said board for a term of two (2) years. Any vacancies shall be filled by appointment by the governor for the unexpired term. The members of the said board shall serve without pay; provided, however, they shall be entitled to receive their actual traveling and living expenses at the same rate and in accordance with the provisions of sections 6942, 6943 Nevada Compiled Laws 1929, as amended. The board may, from the appropriation provided for hereunder, pay for necessary secretarial services and necessary office expenses in connection therewith.

      Sec. 2.  The members of the board shall qualify by taking the oath of office and shall meet immediately after their appointment and qualification and organize by selecting a chairman and secretary from its members. The board shall meet at the time and place designated by the chairman, but at least once in each two (2) months.

      Sec. 3.  The board shall have for its objects and purposes:

      (a) To study ways and means of furthering the mining industry of the state, particularly in regard to small operations and in prospecting.

 

 

 

 

 

 

 

 

 

 

 

 

Advisory mining board created

 

 

 

 

 

 

 

 

 

 

Organization of board

 

 

 

Objects and purposes of board


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

ê1943 Statutes of Nevada, Page 254 (CHAPTER 178, SB 89)ê

 

Objects and purposes of board

 

 

 

 

 

 

 

Appropriation

 

 

 

In effect

      (b) To study ways and means of further exploring and developing the oil and gas industry of the state.

      (c) To report the results of such studies to the governor of the state and to our senators and representative in Congress in all instances where the board deems such action appropriate. The board shall, in addition, report its recommendations for legislation deemed necessary to further the mining industry of the state.

      (d) To call upon the state bureau of mines and the state analytical laboratory for their assistance and to cooperate with them in furthering the objects and purposes of this act.

      Sec. 4.  For the purpose of carrying out the provisions of this act there is hereby appropriated out of the state treasury not otherwise appropriated the sum of five thousand dollars ($5,000) to be paid out on the approval of the chairman and secretary of said board, and allowed and paid as other claims against the State of Nevada.

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

 

________

 

CHAPTER 179, SB 81

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Contiguous territory, how annexed

[Senate Bill No. 81–Senator Farndale]

 

Chap. 179–An Act to amend an act entitled “An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1911, as amended.

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of chapter 1 of the above-entitled act is hereby amended to read as follows:

      Section 2.  Territory adjoining and contiguous to the corporate limits of the city of Las Vegas may be annexed to said city with the tenements, property, and inhabitants thereof by the passage of an ordinance declaring said territory to be annexed; provided, that the majority of the property owners of the district proposed to be annexed first petition the board of commissioners to annex said territory; and provided further, that when the board of commissioners of the city of Las Vegas deems it necessary to annex additional territory of the said city of Las Vegas, and the inhabitants of said territory have not petitioned for annexation, that the said board of commissioners shall pass a resotion declaring its intention to annex said territory, describing said territory to be annexed, and ordering a plat of the same to be filed in the office of the city clerk of said city, and notice to be given as to the time when the board of commissioners shall hear objections to the annexation of said territory on the part of the freeholders residing therein, and the residents of said city; said notice to be published twice each week for a period of two weeks in a newspaper in said city of Las Vegas, and to be posted in at least three public places in said district to be annexed, and to be mailed to all known freeholders in said district sought to be annexed, citing them to appear in person, or by furnishing properly executed petition signed by a majority of the freeholders living in said territory, on the date named, and show cause why said land should not be annexed to said city; and provided further, that after said hearing, if a majority of the freeholders residing in said territory sought to be annexed do not protest, said board of commissioners shall pass an ordinance declaring said property to be annexed to, and be a part of said city of Las Vegas, and shall order a plat showing the territory to be recorded in the office of the county recorder of the county of Clark, said territory shall then be a part of the said city of Las Vegas and subject to all the taxes and laws thereof; and provided further, that no change in the boundaries of the city shall be made within one hundred twenty (120) days next preceding any general city election, and in no event oftener than every two years.


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

ê1943 Statutes of Nevada, Page 255 (CHAPTER 179, SB 81)ê

 

the same to be filed in the office of the city clerk of said city, and notice to be given as to the time when the board of commissioners shall hear objections to the annexation of said territory on the part of the freeholders residing therein, and the residents of said city; said notice to be published twice each week for a period of two weeks in a newspaper in said city of Las Vegas, and to be posted in at least three public places in said district to be annexed, and to be mailed to all known freeholders in said district sought to be annexed, citing them to appear in person, or by furnishing properly executed petition signed by a majority of the freeholders living in said territory, on the date named, and show cause why said land should not be annexed to said city; and provided further, that after said hearing, if a majority of the freeholders residing in said territory sought to be annexed do not protest, said board of commissioners shall pass an ordinance declaring said property to be annexed to, and be a part of said city of Las Vegas, and shall order a plat showing the territory to be recorded in the office of the county recorder of the county of Clark, said territory shall then be a part of the said city of Las Vegas and subject to all the taxes and laws thereof; and provided further, that no change in the boundaries of the city shall be made within one hundred twenty (120) days next preceding any general city election, and in no event oftener than every two years.

      Sec. 2.  Section 5 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 5.  The county treasurer and ex officio tax receiver of the county of Clark shall be ex officio treasurer and tax receiver of the city of Las Vegas; the county assessor of the county of Clark shall be ex officio assessor of the city of Las Vegas; the city clerk of the city of Las Vegas shall be ex officio license 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) a 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 board of commissioners may appoint a chief of police with a salary of not to exceed three thousand six hundred ($3,600) dollars per annum, payable in equal monthly installments; the board of commissioners may appoint such other officers as such board may, from time to time, ordain and establish, with the right to select the incumbent thereof, and prescribe the duties of such office.

Contiguous territory, how annexed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain county officers to be ex officio city officers

 

 

 

 

 

 

 

 

Appointment of chief of police


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

ê1943 Statutes of Nevada, Page 256 (CHAPTER 179, SB 81)ê

 

 

 

Compensation of appointive officers

 

 

 

 

 

 

Salaries of city officials

 

 

 

 

 

 

 

 

 

 

 

 

Malfeasance punishable

 

 

 

 

 

 

 

 

 

Adoption of proposed ordinances

as such board may, from time to time, ordain and establish, with the right to select the incumbent thereof, and prescribe the duties of such office. 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 board of commissioners, 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. 3.  Section 10 of the chapter II of the above-entitled act is hereby amended to read as follows:

      Section 10.  From and after the first Monday of June 1943 the elected city officials of the city of Las Vegas shall receive the following salaries and compensations: The mayor of the city of Las Vegas shall receive as remuneration for his services the sum of fifteen hundred ($1,500) dollars per annum; each of the city commissioners shall receive the sum of twelve hundred ($1,200) dollars per annum; the city clerk shall receive the sum of three thousand ($3,000) dollars per annum; the city attorney shall receive the sum of three thousand ($3,000) dollars per annum; the judge of the municipal court shall receive the sum of eighteen hundred ($1,800) dollars per annum, which shall be full compensation for all services rendered said city of Las Vegas. All salaries named in this section shall be payable in equal monthly installments.

      Sec. 4.  Section 12 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 12.  Any willful misconduct in office, or any willful violation of any of the provisions of this charter, or any willful failure to comply therewith by any officer of the city, whether elective or appointive, shall be deemed malfeasance in office, and any person guilty thereof shall be proceeded against under and in the same manner as prescribed by the general laws of the state relating to proceedings and prosecutions against district, county, and township officers for misconduct in office.

      Sec. 5.  Section 30 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 30.  The style of ordinances shall be as follows: “The board of commissioners of the city of Las Vegas do ordain.”

      All proposed ordinances when first proposed shall be read by title to the board of commissioners, and referred to a committee for consideration, and said committee shall report said ordinances back to the board of commissioners at the next regular meeting, when said ordinances shall be read in full as first introduced, or if amended, as amended, and shall be adopted or revoked as finally read.


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

ê1943 Statutes of Nevada, Page 257 (CHAPTER 179, SB 81)ê

 

next regular meeting, when said ordinances shall be read in full as first introduced, or if amended, as amended, and shall be adopted or revoked as finally read. Except that in cases of emergency, by unanimous consent of the whole board, such special action may be taken immediately or at a special meeting called for that purpose, and such ordinances shall be designated as “emergency ordinances.” All 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, in a newspaper published in said city once a week for two weeks immediately following the first reading of such ordinance and before the second reading and passage thereof; provided, however, that in the case of emergency ordinances, publication for the same period of time shall be made following the passage of said ordinance. All ordinances shall become effective following their final passage by the board in conformity with the provisions of this section, except that in the case of emergency ordinances which shall become effective immediately following the last publication thereof; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet form by the authority of the board, no further publication shall be deemed necessary. 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 ordinances 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.

 

 

 

 

Ordinances to be published

 

 

 

 

 

 

 

 

 

 

City clerk to keep record of ordinances

 

 

 

 

Uniform code ordinances


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

ê1943 Statutes of Nevada, Page 258 (CHAPTER 179, SB 81)ê

 

 

 

Duties of board concerning nuisances

      Sec. 6.  A new section is hereby added to the above-entitled act to be known as section 32 of chapter II of said act, and same shall be as follows:

      Section 32.  The said board of commissioners, among other things, and to carry out the power mentioned in subdivision 51 of section 31 of chapter II of the above-entitled act, shall have the power to determine, by ordinance, what shall be deemed nuisances, and to provide for the abatement, prevention, and removal of the same. To cause the summary abatement and removal of nuisances declared to be such by ordinance and of nuisances per se; provided, that any nuisance whatsoever may be abated and removed at the cost or expense of the person, partnership, firm, association, or corporation creating, maintaining, causing, or committing the same, or at the expense of the person, partnership, firm, association, or corporation owning, or in possession, charge, or control of the property upon which the said nuisance is created, maintained, caused, or committed in the following manner: The person, partnership, firm, association, or corporation creating, maintaining, causing, or committing the said nuisance, or owning or in possession, charge, or control of the property upon which the same is created, maintained, caused, or committed, shall be given notice by the board of commissioners to abate and remove the same, but if within thirty days after the receipt or posting of such notice work has not been commenced to abate or remove the same, or, if work is so commenced, if the nuisance is not removed or abated within a reasonable time thereafter, then the city may remove the same at the expense of the persons hereinabove mentioned; said notice shall require the abatement or removal of said nuisance within the time herein stated or that cause be shown within the thirty-day period, aforesaid, before the board of commissioners, at a meeting called for that purpose by the mayor upon the request of any person interested, why the said nuisance is not abated or removed; or that it is not a nuisance, or that it was caused by the city; said notice shall be served personally upon the person, partnership, firm, association, or corporation creating, maintaining, causing, or committing the same, or upon the person, partnership, firm, association, or corporation owning, or in possession, charge, or control of the property upon which the same is created, maintained, caused, or committed, or if none of said persons can be served personally, then said notice shall be served by posting it upon the premises where said nuisance exists and upon the same day mailing a copy thereof to any of the aforesaid persons at his place of business or residence, but if neither said place of business or residence are known then no mailing shall be necessary; if work to abate and remove said nuisance is not commenced within said thirty-day period, or if said nuisance is not abated or removed within a reasonable time after said work is commenced, or if cause is not shown in the manner aforesaid, the city shall abate and remove the said nuisance.


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

ê1943 Statutes of Nevada, Page 259 (CHAPTER 179, SB 81)ê

 

within said thirty-day period, or if said nuisance is not abated or removed within a reasonable time after said work is commenced, or if cause is not shown in the manner aforesaid, the city shall abate and remove the said nuisance. Upon the completion of said abatement and removal by the city, the person in charge of the work of abating and removing said nuisance, or any other proper person, shall file with the city clerk for the board of commissioners a verified statement, which statement shall include a statement of the work done, all expenses and costs incurred of any nature whatsoever, a description of the premises upon which the work was done, and the name of the person, if known, chargeable with such costs and expenses; the board of commissioners shall thereupon determine if said costs and expenses were proper, the name of the person chargeable therewith, and the premises to be assessed; the board of commissioners shall then, by resolution, adopt or revise the said statement and require the city clerk to transfer the said resolution, adopting or revising said statement, with said statement attached, to the city assessor for assessment; the city assessor shall thereupon make an assessment roll and levy a special assessment upon the said premises and against the person chargeable therewith, and the same shall be enforced and collected in the same manner as is provided in the above-entitled act for the collection of special assessments.

      Sec. 7.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 8.  This act shall become effective immediately upon its passage and approval.

Duties of board concerning nuisances

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 180, SB 88

[Senate Bill No. 88–Committee on Ways and Means]

 

Chap. 180–An Act authorizing the state controller and the state treasurer to pay and discharge bonds of the State of Nevada, together with interest thereon; authorizing a transfer from the general fund of the state to the bond interest and redemption fund of the state; and other matters relating thereto.

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller and the state treasurer are hereby authorized and directed on the thirtieth day of June 1943, to redeem all outstanding bonds of the State of Nevada, together with the interest thereon, which have been authorized and issued on that date, after giving notice to the holders of such bonds.

 

 

 

 

 

 

 

 

 

 

 

 

Redemption of outstanding bonds


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

ê1943 Statutes of Nevada, Page 260 (CHAPTER 180, SB 88)ê

 

 

Transfer of funds

 

 

 

Certain issues not included

 

 

In effect

authorized and issued on that date, after giving notice to the holders of such bonds.

      Sec. 2.  The state controller and the state treasurer are hereby authorized and directed to transfer from the general fund of the state to the bond interest and redemption fund of the state, the sum of $614,075 for the payment of the bond principal and interest.

      Sec. 3.  Bonds of the State of Nevada authorized by the statutes of the state but not issued on June 30, 1943, shall not come under the provisions of this act, but shall be issued and redeemed in the manner set forth and under the provisions of the statute authorizing such bond issue.

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

 

________

 

CHAPTER 181, SB 113

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County may sue state

 

 

 

 

Where action commenced

 

 

Who may represent opposing sides

[Senate Bill No. 113–Senator Haight]

 

Chap. 181–An Act providing that this state may be sued by any county herein, in which a water storage and hydroelectric project owned by the United States is situated, for the purposes of determining whether or not such county is entitled to any part of money derived from such project and paid by the United States to this state pursuant to any act of Congress, making an appropriation for the defense of any such suit, and other matters properly relating thereto.

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any county in this state in which is situated any water storage and hydroelectric project owned by the United States, may commence an action against the State of Nevada, and have determined by such action, whether or not such county is entitled to any part of money that may have been derived from such project and paid to this state by the United States, pursuant to any act of Congress.

      Sec. 2.  Such action shall be commenced in the district court in and for Ormsby County. In such action the State of Nevada shall be named as defendant, and the summons shall be served upon the governor, and the action shall proceed as other civil actions to final judgment.

      Sec. 3.  The district attorney of the county bringing such action may prosecute the same on behalf of such county, any statute of this state to the contrary notwithstanding. The attorney-general, unless disqualified, shall defend such action on the part of the state and it shall be the duty of the governor to employ such additional counsel to assist the attorney-general in the defense of such action as he may deem necessary or advisable to protect the interests of the State of Nevada in such litigation.


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

ê1943 Statutes of Nevada, Page 261 (CHAPTER 181, SB 113)ê

 

attorney-general in the defense of such action as he may deem necessary or advisable to protect the interests of the State of Nevada in such litigation.

      Sec. 4.  For the purpose of defending any action that may be commenced as herein provided there is hereby appropriated, for the biennium commencing July 1, 1943, and ending June 30, 1945, out of any unappropriated moneys then in the treasury of the State of Nevada, the sum of one hundred thousand ($100,000) dollars, which sum of money may be used for the purpose of paying counsel fees and other costs incident to such litigation, and which sums of money shall be disbursed for the purposes herein provided by the governor in the same manner as other funds are paid and disbursed; provided, however, that no sums of money are authorized to be disbursed from the appropriation herein provided for until such time as an action shall be commenced against the State of Nevada as herein provided for.

      Sec. 5.  The right herein given to any county to sue the State of Nevada in the manner herein provided shall and will expire on the first day of January 1945; provided, however, that such limitation shall not affect any action commenced prior to such date.

      Sec. 6.  This act shall be effective from and after the first day of July 1943.

 

 

Appropriation

 

 

 

 

 

 

 

 

 

Expiration date

 

 

 

In effect

 

________

 

CHAPTER 182, SB 4

[Senate Bill No. 4–Senator Farndale]

 

Chap. 182–An Act authorizing the labor commissioner of the State of Nevada to employ a deputy, defining the duties of such deputy and fixing his compensation, and other matters relating thereto, and providing an appropriation therefor.

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The labor commissioner of the State of Nevada is hereby authorized and directed to employ a deputy. Said deputy shall receive as compensation for his services a salary of twenty-four hundred ($2,400) dollars per annum, payable in monthly installments out of the state treasury of Nevada as other salaries are paid. Said deputy shall be entitled to receive from the state, when travel is necessary in the performance of his official duties as hereinafter defined, in addition to his salary, the same mileage and expenses as are provided by law for state officers and employees.

      Sec. 2.  Said deputy, if he be admitted to the practice of law in the State of Nevada, shall have all the powers and authority of the district attorneys of the several counties in this state in the prosecution of all claims and actions originating with the labor commission of the State of Nevada, by appropriate action in the courts of this state, when said labor commission is charged with the enforcement of said law or laws.

 

 

 

 

 

 

 

 

 

 

 

 

Labor commissioner to employ deputy


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

ê1943 Statutes of Nevada, Page 262 (CHAPTER 182, SB 4)ê

 

Powers of deputy

 

 

 

 

Responsibility of deputy

Appropriation

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

law in the State of Nevada, shall have all the powers and authority of the district attorneys of the several counties in this state in the prosecution of all claims and actions originating with the labor commission of the State of Nevada, by appropriate action in the courts of this state, when said labor commission is charged with the enforcement of said law or laws.

      Sec. 3.  Said deputy shall act under the direction of and in the performance of his duties shall be responsible to the labor commissioner of the State of Nevada.

      Sec. 4.  For the purpose of paying the salary of the position of deputy herein created there is hereby appropriated out of any unappropriated moneys in the state treasury the sum of six hundred ($600) dollars for the biennium ending June 30, 1943, and there is also appropriated the further sum of forty-eight hundred ($4,800) dollars for the biennium beginning July 1, 1943, and ending June 30, 1945, together with the further sum of one hundred fifty ($150) dollars for the payment of the mileage, subsistence, and travel expense of such deputy for the biennium ending June 30, 1943, and the sum of twelve hundred ($1,200) dollars for the payment of the mileage, subsistence, and travel expense of such deputy for the biennium beginning July 1, 1943, and ending June 30, 1945.

      Sec. 5.  All acts and parts of acts in conflict with this act are hereby specifically repealed.

      Sec. 6.  This act shall be in full force and effect on and after its passage and approval, and shall expire June 30, 1945.

 

________

 

CHAPTER 183, SB 118

 

 

 

 

 

 

 

 

 

 

 

Additional appropriation

[Senate Bill No. 118–Committee on Ways and Means]

 

Chap. 183–An Act to provide an additional and supplemental appropriation for the general support of the Nevada state prison.

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the biennium ending June 30, 1945, there is hereby appropriated out of any funds of the state treasury in the State of Nevada, not otherwise specifically allotted, the sum of nine thousand nine hundred ($9,900) dollars as an additional and supplemental appropriation to that allowed in the budget for the general support of the Nevada state prison apportioned as follows:

 


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

ê1943 Statutes of Nevada, Page 263 (CHAPTER 183, SB 118)ê

 

in the budget for the general support of the Nevada state prison apportioned as follows:

      Salary of the warden of the state prison................................................            $7,200.00

      Compensation of extra help..................................................................               $1,200.00

      Supplies    .............................................................................................                 $1,500.00

 

 

________

 

CHAPTER 184, SB 119

[Senate Bill No. 119–Committee on Ways and Means]

 

Chap. 184–An Act providing for the establishment and maintenance of a state postwar reserve fund; making an appropriation therefor; providing for transfers to said fund; making and fixing a tax levy to provide therefor, and other matters relating thereto.

 

[Approved March 24, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby established a state postwar reserve fund which shall consist of moneys appropriated, transferred, or credited thereto by this act or any other law.

      Sec. 2.  This fund shall be kept entirely separate and apart from all other funds. The state controller, with the approval of the state board of finance, shall invest all moneys of this fund in such securities as are legal for investments of funds of the state. The interest and income from the investments shall be a part of the fund.

      Sec. 3.  There is hereby appropriated out of the general fund of the State of Nevada, not otherwise appropriated, the sum of one hundred eighty thousand ($180,000) dollars, and the state controller and the state treasurer are hereby authorized and directed to transfer this sum of money from the general fund in the state treasury to the postwar reserve fund.

      Sec. 4.  Whenever the state controller and the state treasurer determine that the amount of money in the general fund of the State of Nevada, plus any other funds appropriated for state purposes, exceeds by three hundred thousand ($300,000) dollars the amount necessary for the proper and safe operation of the state government, the state controller and state treasurer shall report this fact to the state board of finance, and the state board of finance, by a unanimous vote, may authorize and direct the state controller and the state treasurer to transfer all moneys in excess of the sum of money determined to be necessary of the safe operation of the state government, plus three hundred thousand ($300,000) dollars (which shall be added thereto for the purpose of unforeseen emergencies) from the general fund to the state postwar reserve fund.

 

 

 

 

 

 

 

 

 

 

 

 

Postwar fund created

 

 

Fund to be separate

 

 

 

Appropriation

 

 

 

 

Duties of certain officers


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

ê1943 Statutes of Nevada, Page 264 (CHAPTER 184, SB 119)ê

 

 

Ad valorem tax levied

 

 

 

 

 

 

In effect

unforeseen emergencies) from the general fund to the state postwar reserve fund.

      Sec. 5.  For the purpose of reimbursing the general fund of the state for the sum of one hundred eighty thousand ($180,000) dollars hereby appropriated for the state postwar reserve fund, there is hereby levied, for the tax year commencing January 1, 1943, and the tax year commencing January 1, 1944, an ad valorem tax of four ($0.04) cents on each one hundred ($100) dollars of all taxable property in the state, including net proceeds of mines and mining claims, except such property as is exempt from taxation.

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

 

________

 

CHAPTER 185, SB 50

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of tax receiver

[Senate Bill No. 50–Senators DeVotie and Sommer]

 

Chap. 185–An Act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891, as amended.

 

[Approved March 25, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 34 of the above-entitled act, being section 6442 Nevada Compiled Laws 1929, as amended by chapter 99, page 121, Statutes of 1933, is hereby amended to read as follows:

      Section 34.  On the first Monday in August the ex officio tax receiver, at the close of his official business on that day, shall enter upon the assessment roll a statement that he has made a levy upon all property therein assessed, the taxes upon which have not been paid, and shall mark the word “delinquent” on the assessment roll opposite the name of the person or description of the property liable for such taxes, and shall immediately ascertain the total amount of taxes then delinquent, and prepare a list which shall specify and give:

      First-Roll number, page, or reference;

      Second-Name of owner, if known;

      Third-Amount of taxes due and penalty; and shall file a copy of the same, verified by oath of himself or deputy, in the office of the county auditor on or before the second Monday in August. If any taxpayer shall fail to pay his or her taxes or any installment of such taxes on or before the due date thereof, as provided in section 32 of this act, as amended at page 120 of the Statutes of 1933, such taxpayer shall be liable for and the tax receiver shall assess to and collect from such taxpayer or any person paying in the taxpayer’s behalf at the time said taxes are actually paid, the following penalty or penalties: A penalty of two (2%) percent shall be added and collected by the tax receiver on the first quarter of taxes in the event the first quarter of said taxes are not paid on or before the first Monday in December; a penalty of three (3%) percent shall be added and collected by the tax receiver on the first and second quarters of taxes in the event the first and second quarters of said taxes, together with accumulated penalties, are not paid on or before the first Monday in March; provided, however, that if the first quarter has been paid the penalty on the second quarter shall be two (2%) percent; a further penalty of four (4%) percent shall be added and collected by the tax receiver on the first, second, and third quarters of taxes in the event said first, second, and third quarters of taxes, together with accumulated penalties, are not paid on or before the first Monday in June; provided, however, that if the first quarter has been paid the penalty on the second and third quarters shall be three (3%) percent; and further provided, that if the first and second quarters have been paid, the penalty on the third quarter shall be two (2%) percent.


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

ê1943 Statutes of Nevada, Page 265 (CHAPTER 185, SB 50)ê

 

liable for and the tax receiver shall assess to and collect from such taxpayer or any person paying in the taxpayer’s behalf at the time said taxes are actually paid, the following penalty or penalties: A penalty of two (2%) percent shall be added and collected by the tax receiver on the first quarter of taxes in the event the first quarter of said taxes are not paid on or before the first Monday in December; a penalty of three (3%) percent shall be added and collected by the tax receiver on the first and second quarters of taxes in the event the first and second quarters of said taxes, together with accumulated penalties, are not paid on or before the first Monday in March; provided, however, that if the first quarter has been paid the penalty on the second quarter shall be two (2%) percent; a further penalty of four (4%) percent shall be added and collected by the tax receiver on the first, second, and third quarters of taxes in the event said first, second, and third quarters of taxes, together with accumulated penalties, are not paid on or before the first Monday in June; provided, however, that if the first quarter has been paid the penalty on the second and third quarters shall be three (3%) percent; and further provided, that if the first and second quarters have been paid, the penalty on the third quarter shall be two (2%) percent. An additional penalty of five (5%) percent shall be added and collected by the tax receiver on the total amount of taxes in the event said total amount of taxes, or any installment thereof, together with accumulated penalties, are not paid on or before the first Monday in August, and the tax receiver shall immediately prepare a delinquent list, verified by the oath of himself or deputy, and shall file the same in the office of the county auditor on or before the second Monday in August.

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

Penalties for delinquency

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional penalty

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1943 Statutes of Nevada, Page 266ê

CHAPTER 186, SB 96

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Nonresident owner exempt, when

[Senate Bill No. 96–Committee on Public Highways]

 

Chap. 186–An Act to amend section 17 of an act entitled “An act to require the registration of motor vehicles, trailers, and semitrailers, and to require the payment of fees thereupon, imposing certain duties and obligations upon the owners of motor vehicles rented without drivers, to provide for the transfer of interest in and to motor vehicles, providing for the registration of manufacturers and dealers in motor vehicles, trailers, and semitrailers, regulating the use of motor vehicles by nonresidents, making and constituting county assessors officers of the department and imposing certain duties upon them, creating a ‘Motor Vehicle Fund,’ and providing for the disposition thereof, to prevent the taking or injury of any vehicle without the consent of the owner; to provide for the duties and powers of vehicle commissioner and for the motor vehicle department; to regulate court proceedings in certain civil actions arising under this act; to provide penalties for violations of this act, and to make uniform the law relating to the subject matter of this act; and to repeal all acts in conflict or inconsistent therewith,” approved March 27, 1931, as amended by chapter 123, Statutes of Nevada 1941.

 

[Approved March 25, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 17 of the above-entitled act, as amended by chapter 123 Statutes of Nevada 1941, is hereby amended to read as follows:

      Section 17.  (a) Except as otherwise provided in this section, a nonresident owner of a vehicle of a type subject to registration under this act, owning any vehicle which has been duly registered for the current year in the state, country, or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration number plate or plates issued for such vehicle in the place of residence of such owner, may operate or permit the operation of such vehicle within this state without any registration thereof in this state under the provisions of this act and without the payment of any registration fees to the state; provided, nothing in this section shall be construed to permit the use of manufacturers or dealers’ license plates issued by any state or country by any such nonresident in the operation of any vehicle on the public highways of this state; provided further, a nonresident owner of a vehicle of a type subject to registration in this state who, while residing in this state, accepts gainful employment within this state or who comes into the state for the purpose of being gainfully employed therein shall, for the purposes of and subject to the provisions of this act, be considered a resident of this state and pay such registration fees as provided for in this act; provided further, nothing in this subparagraph shall be construed to require registration of vehicles of a type subject to registration under this act operated by nonresident common motor carriers of persons and/or property, contract motor carriers of persons and/or property, or private motor carriers of property as stated in subparagraph (b) of this section.


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

ê1943 Statutes of Nevada, Page 267 (CHAPTER 186, SB 96)ê

 

state who, while residing in this state, accepts gainful employment within this state or who comes into the state for the purpose of being gainfully employed therein shall, for the purposes of and subject to the provisions of this act, be considered a resident of this state and pay such registration fees as provided for in this act; provided further, nothing in this subparagraph shall be construed to require registration of vehicles of a type subject to registration under this act operated by nonresident common motor carriers of persons and/or property, contract motor carriers of persons and/or property, or private motor carriers of property as stated in subparagraph (b) of this section.

      (b) All nonresident owners or operators of vehicles of a type subject to registration under this act operating such vehicles on the public highways of this state as common motor carriers of persons and/or property, contract motor carriers of persons and/or property, or private motor carriers of property, as the same are now or may hereafter be defined in the laws of this state relating thereto, shall be governed by and pay the fees required by the provisions of such laws with respect to the operation of such vehicles in any of such carrier services; provided, all such nonresident owners or operators of such vehicles may operate said vehicles upon the public highways of this state without any registration thereof in this state under the provisions of this act and without the payment of any registration fees to the state upon the following conditions:

      1.  That each said vehicle shall be registered or licensed, and have attached thereto the registration or license plates for the then current year, pursuant to the motor vehicle registration laws of the state or country wherein the owner of such motor vehicle resides or maintains his principal place of business, wherein said vehicle is registered for such year and which said registration or license plates shall be displayed on said vehicle during all of the time operated in this state.

      2.  That the laws of the state or country of the said residence or principal place of business of the owner of such vehicle do not require the registration of vehicles and payment of fees therefor from residents of this state engaging in like carrier services in the state or country of the residence or principal place of business of said nonresident owner wherein such motor vehicle is registered.

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

 

 

 

 

 

 

 

 

Nonresident common carrier exempt, when

 

 

 

 

 

 

 

 

License plates to be displayed

 

 

 

 

Reciprocity

 

 

 

 

In effect

 

________

 

 


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ê1943 Statutes of Nevada, Page 268ê

CHAPTER 187, AB 64

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Vehicle

 

 

Motor vehicle

 

 

Farm tractor

 

School bus

 

 

Resident

 

 

 

 

 

 

 

Person

[Assembly Bill No. 64–Committee on Roads and Highways]

 

Chap. 187–An Act to amend an act entitled “An act relating to the licensing of persons operating motor vehicles upon highways and to make uniform laws relating thereto, providing for a board of examiners therefor, defining the duty of certain officers and other persons in relation thereto, and other matters properly relating thereto,” approved March 31, 1941, by amending certain sections thereof, and adding a new paragraph to section 2 to be known as 2(e).

 

[Approved March 25, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act, being chapter 190 of the 1941 Statutes of Nevada is hereby amended by adding to section two a new paragraph to be known as 2(e) and shall read as follows:

      Section 2.  (a) Vehicle; every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

      (b) Motor vehicle; every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

      (c) Farm tractor; every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.

      (d) School bus; every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school.

      (e) Resident; every person who has been actually, physically, and corporeally present in the State of Nevada for a period of six months. In addition, every person who has signified his or her intention of becoming a resident, and every person residing in this state for any period of time whatever, who is gainfully employed in the state or who uses his own motor vehicle or that of another person for a gainful purpose, shall, for the purposes of this act, be deemed a resident of the State of Nevada and subject to the provisions of this act.

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

      Section 3.  (a) Person; every natural person, firm, copartnership, association, or corporation.


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

ê1943 Statutes of Nevada, Page 269 (CHAPTER 187, AB 64)ê

 

      (b) Operator; every person other than a chauffeur, who is in actual physical control of a motor vehicle upon a highway.

      (c) Chauffeur; every person who is employed by another for the principal purpose of driving a motor vehicle or whose occupational rating is that of a motor vehicle operator or who, during his regular hours of employment, by another person, spends fifty percent or more of his time in the actual operation of a motor vehicle, and every person who drives a school bus transporting school children or any motor vehicle when in use for transportation of persons or property for compensation.

      (d) Owner; a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this act.

      Sec. 3.  Section 10 of the above-entitled act is hereby amended to read as follows:

      Section 10.  The department shall not issue any license hereunder:

      1.  To any person, as an operator, who is under the age of sixteen years, except that the department may issue a restricted license to any person who is at least fourteen years of age; provided, the licensing of such person is necessary to permit them to comply with other laws of this state.

      2.  To any person, as a chauffeur, who is under the age of eighteen years, except as provided in section 1 of an act entitled “An act relating to the issuance of chauffeur’s licenses for the operation of school buses and defining the requirements therefor, approved March 1, 1943.”

      3.  To any person as an operator or chauffeur, whose license has been suspended during such suspension nor to any person whose license has been revoked until the expiration of one year after such license was revoked;

      4.  To any person, as an operator or chauffeur, who is an habitual drunkard, or is addicted to the use of narcotic drugs;

      5.  To any person, as an operator or chauffeur, who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law;

      6.  To any person, as an operator or chauffeur, who is required by this act to take an examination, unless such person shall have successfully passed such examination;

Operator

 

Chauffeur

 

 

 

 

 

Owner

 

 

 

 

 

 

 

When no license issued


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

ê1943 Statutes of Nevada, Page 270 (CHAPTER 187, AB 64)ê

 

 

 

 

 

 

 

 

 

Class of chauffeur’s license to be indicated

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Special forms

      7.  To any person when the administrator has good cause to believe that such person by reason of physical or mental disability would not be able to operate a motor vehicle with safety upon the highways;

      8.  To any person when the administrator has good cause to believe that the operation of a motor vehicle on the highways by such person would be inimical to public safety or welfare.

      Sec. 4.  Section 11 of the above-entitled act is hereby amended to read as follows:

      Section 11.  (a) The department upon issuing a chauffeur’s license shall indicate thereon the class of license so issued and shall appropriately examine each applicant according to the class of license applied for and may impose such rules and regulations for the exercise thereof as it may deem necessary for the safety and welfare of the traveling public.

      (b) No person who is under the age of eighteen years shall drive any motor vehicle while in use as a school bus for the transportation of pupils to or from school, except as provided in section 1 of an act entitled “An act relating to the issuance of chauffeur’s licenses for the operation of school buses and defining the requirements therefor, approved March 1, 1943,” nor any motor vehicle while in use as a public or common carrier of persons or property, nor in either event until he has been licensed as a chauffeur and received a special chauffeur’s license.

      (c) No such person shall be granted a special chauffeur’s license unless he has had one year of driving experience prior to the issuance thereof nor, if required by the department, until he files with the department a certificate showing his employment as such chauffeur and one or more certificates signed by a total of at least three responsible people, to whom he is well known, certifying as to his good character and habits.

      (d) No such license shall be granted until the department is fully satisfied as to the applicant’s competency and fitness to be so employed.

      (e) The department may, in its discretion, impose such rules and regulations for the exercise of such special chauffeurs’ licenses as it may deem necessary for the safety and welfare of the traveling public.

      Sec. 5.  Section 13 of the above-entitled act is hereby amended to read as follows:

      Section 13.  (a) Every application for an instruction permit or for an operator’s or chauffeur’s license shall be made upon a form furnished by the department and shall be verified by the applicant before a person authorized to administer oaths, and officers and employees of the department are hereby authorized to administer such oaths without charge (and every said application shall be accompanied by the required fee).


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

ê1943 Statutes of Nevada, Page 271 (CHAPTER 187, AB 64)ê

 

hereby authorized to administer such oaths without charge (and every said application shall be accompanied by the required fee).

      (b) Every such application shall state the full name, date of birth, sex, and residence address of the applicant and briefly describe the applicant, and shall state whether the applicant has theretofore been licensed as an operator or chauffeur, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation, or refusal.

      Sec. 6.  Section 14 of the above-entitled act is hereby amended to read as follows:

      Section 14.  (a) The application of any person under the age of eighteen years for an instruction permit or operator’s license shall be signed and verified, before a person authorized to administer oaths, by either or both father or mother of the applicant, if either or both are living and have custody of him, or in the event neither parent is living, then by the person or guardian having such custody, or by an employer of such minor, or in the event there is no guardian or employer then by other responsible person who is willing to assume the obligation imposed under this act upon a person signing the application of a minor.

      (b) Any negligence or willful misconduct of a minor under the age of eighteen years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of such minor for a permit or license, which person shall be jointly and severally liable with such minor for any damages caused by such negligence or willful misconduct.

      Sec. 7.  Section 17 of the above-entitled act is hereby amended to read as follows:

      Section 17  (a) The department shall examine every applicant for an operator’s or chauffeur’s license, except as otherwise provided in this section. Such examination shall be held in the county where the applicant resides within thirty days from the date application is made. It shall include a test of the applicant’s eyesight, his ability to read and understand highway signs regulating, warning, and directing traffic, his knowledge of the traffic laws of this state, and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle, and such further physical and mental examination as the department finds necessary to determine the applicant’s fitness to operate a motor vehicle safely upon the highways.

      (b) The department shall issue without examination an operator’s license to any person applying therefor within three (3) months after this section takes effect when such person furnishes evidence satisfactory to the department that he is not disqualified under the provisions of this act and that he has previously operated a motor vehicle in a satisfactory manner for period of not less than one year.

Special forms

 

 

 

 

 

 

 

 

 

Application of minors signed and verified by parent or guardian

 

 

 

 

 

 

 

 

 

 

 

 

Applicants to be examined; exception


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

ê1943 Statutes of Nevada, Page 272 (CHAPTER 187, AB 64)ê

 

 

 

 

 

 

 

 

License to be issued upon payment of fee

 

 

 

 

 

Chauffeur’s license to bear photograph; badge to be furnished

 

 

 

Provisional license

 

 

 

 

 

 

 

Operator’s license in force for two years

 

 

 

 

 

Chauffeur’s license good for one year

operator’s license to any person applying therefor within three (3) months after this section takes effect when such person furnishes evidence satisfactory to the department that he is not disqualified under the provisions of this act and that he has previously operated a motor vehicle in a satisfactory manner for period of not less than one year.

      Sec. 8.  Section 19 of the above-entitled act is hereby amended to read as follows:

      Section 19.  (a) The department shall (upon payment of the required fee) issue to every applicant qualifying therefor an operator’s or chauffeur’s license as applied for, which license shall bear thereon a distinguishing number assigned to the licensee, the full name, date of birth, residence address, and a brief description of the licensee, and a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license shall be valid until it has been so signed by the licensee.

      (b) Every chauffeur’s license may bear thereon a photograph of the licensee, which shall be furnished by him, and the department may issue with every chauffeur’s license a chauffeur’s badge with a plainly readable distinguishing number assigned to the licensee stamped thereon, and every chauffeur shall display such chauffeur’s badge in plain sight upon the band of his cap or upon the lapel of his outer coat while operating a motor vehicle as a public or common carrier of persons or property.

      (c) Whenever the department issues an original license to a person under the age of twenty-one (21) years such license shall be designated and clearly marked as a “provisional license.” Upon renewal as applicable to operators’ licenses the department may for reasonable cause as shown by its records designate the renewal of the license as provisional, otherwise a license in usual form shall be issued subject to other provisions of this act.

      Sec. 9.  Section 23 of the above-entitled act is hereby amended to read as follows:

      Section 23.  (a) Every operator’s license shall expire June 30 every odd-numbered year. Every such license shall be renewable on or before its expiration upon application (and payment of the required fee) and shall be renewed without examination unless the administrator has reason to believe that the licensee is no longer qualified to receive a license; and provided further, that the department may require that all persons whose licenses have expired must take the regular examinations as set forth in section 17(a) of this act.

      (b) Every chauffeur’s license shall expire July first each year and shall be renewable on or before its expiration date upon application and payment of the required fee.


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

ê1943 Statutes of Nevada, Page 273 (CHAPTER 187, AB 64)ê

 

      (c) The department may in its discretion waive examination upon renewal of an operator’s or chauffeur’s license.

      Sec. 10.  Section 27 of the above-entitled act is hereby amended to read as follows:

      Section 27.  For every license issued the following fees shall be charged:

      1.  Operator’s licenses $1.

      2.  Chauffeur’s licenses $2.

      All fees are payable to the administrator at the time a license or renewal license is issued.

      Sec. 11.  Section 32 of the above-entitled act is hereby amended to read as follows:

      Section 32.  (a) Whenever any person is convicted of any offense for which this act makes mandatory the revocation of the operator’s or chauffeur’s license of such person by the department, the court in which such conviction is had shall require the surrender to it of all operator’s and chauffeur’s licenses then held by the person so convicted, and the court shall thereupon, within ten days, forward the same, together with a record of such conviction, to the department.

      (b) Every court having jurisdiction over offenses committed under this act, or any other act of this state or municipal ordinance regulating the operation of motor vehicles on highways, shall, within ten days, forward to the department a record of the conviction of any person in said court for a violation of any said laws other than regulations governing standing or parking, and may recommend the suspension of the operator’s or chauffeur’s license of the person so convicted.

      (c) For the purposes of this act the term “conviction” shall mean a final conviction. Also, for the purpose of this act a forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction.

      Sec. 12.  Section 33 of the above-entitled act is hereby amended to read as follows:

      Section 33.  The department shall forthwith revoke the license of any operator or chauffeur upon receiving a record of such operator’s or chauffeur’s conviction of any of the following offenses, when such conviction has become final:

      1.  Manslaughter (or negligent homicide) resulting from the operation of a motor vehicle;

      2.  Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug;

      3.  Any felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle;

      4.  Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;

Examination may be waived

 

 

Fees to be charged

 

 

 

 

 

 

Court to order surrender of license upon conviction

 

 

 

Record of conviction to be furnished department

 

 

 

 

Conviction defined

 

 

 

 

 

Department to revoke license, when


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

ê1943 Statutes of Nevada, Page 274 (CHAPTER 187, AB 64)ê

 

 

 

 

 

 

 

 

When license suspended

 

 

 

 

 

 

 

 

 

 

 

Licensee to be notified upon suspension of license

 

 

 

 

 

 

 

 

 

 

May petition for hearing on suspension

      5.  Perjury or the making of a false affidavit or statement under oath to the department under this act or under any other law relating to the ownership or operation of motor vehicles;

      6.  Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of twelve months.

      Sec 13.  Section 34 of the above-entitled act is hereby amended to read as follows:

      Section 34.  (a) The department is hereby authorized to suspend the license of an operator or chauffeur without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:

      1.  Has committed an offense for which mandatory revocation of license is required upon conviction;

      2.  Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;

      3.  Is an habitually reckless or negligent driver of a motor vehicle;

      4.  Is an habitual violator of the traffic laws;

      5.  Is incompetent to drive a motor vehicle;

      6.  Has permitted an unlawful or fraudulent use of such license; or

      7.  Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation.

      (b) Upon suspending the license of any person as hereinbefore in this section authorized, the department shall immediately notify the licensee in writing, and upon his request shall afford him an opportunity for a hearing as early as practical within not to exceed 20 days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the administrator, or his duly authorized agent, may administer oaths and may issue subpenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee. Upon such hearing the department shall either rescind its order of suspension or, good cause appearing therefor, may extend the suspension of such license or revoke such license.

      Sec. 14.  Section 19 of the above-entitled act is hereby amended to read as follows:

      Section 39.  Any person denied a license or whose license has been canceled, suspended, or revoked by the department, except where such cancellation or revocation is mandatory under the provisions of this act, shall have the right to file a petition within 30 days thereafter for a hearing in the matter in a court of record in the county wherein such person shall reside, and such court is hereby vested with jurisdiction and it shall be its duty to set the matter for hearing upon 30 days’ written notice to the administrator, and thereupon to take testimony and examine into the facts of the case and to determine whether the petitioner is entitled to a license or is subject to suspension, cancellation, or revocation of license under the provisions of this act.


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

ê1943 Statutes of Nevada, Page 275 (CHAPTER 187, AB 64)ê

 

matter in a court of record in the county wherein such person shall reside, and such court is hereby vested with jurisdiction and it shall be its duty to set the matter for hearing upon 30 days’ written notice to the administrator, and thereupon to take testimony and examine into the facts of the case and to determine whether the petitioner is entitled to a license or is subject to suspension, cancellation, or revocation of license under the provisions of this act.

      Sec. 15.  Section 40 of the above-entitled act is hereby amended to read as follows:

      Section 40.  It is a misdemeanor for any person:

      1.  To display or cause or permit to be displayed or have in his possession any expired, canceled, revoked, suspended, fictitious, or fraudulently altered operator’s or chauffeur’s license or any license issued under any prior acts;

      2.  To lend his operator’s or chauffeur’s license or badge to any other person or knowingly permit the use thereof by another;

      3.  To display or represent as one’s own any operator’s or chauffeur’s license not issued to him;

      4.  To fail or refuse to surrender to the department upon its lawful demand any operator’s or chauffeur’s license which has been suspended, revoked, or canceled;

      5.  To use a false or fictitious name in any application for an operator’s or chauffeur’s license or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application;

      6.  To permit any unlawful use of an operator’s or chauffeur’s license issued to him; or

      7.  To do any act forbidden or fail to perform any act required by this act.

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

 

 

 

 

 

 

 

 

 

Misdemeanor defined

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 188, SB 110

[Senate Bill No. 110–Committee on Military and Indian Affairs]

 

Chap. 188–An Act relating to marriages among Indians; permitting marriages in certain instances in accordance with tribal custom; requiring certificates of declaration of such marriages to be recorded; and other matters properly related thereto.

 

[Approved March 29, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Marriages between Indians performed in accordance with tribal custom within closed Indian reservation and Indian colonies shall be of the same validity as marriages performed in any other manner provided for by the laws of this state; provided, however, that there is filed in the county in which the marriage takes place, within thirty days after the performance of the tribal marriage, a certificate declaring such marriage to have been performed.

 

 

 

 

 

 

 

 

 

 

 

 

Indian marriages legalized


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

ê1943 Statutes of Nevada, Page 276 (CHAPTER 188, SB 110)ê

 

 

 

 

 

What certificate shall contain

 

Certificate to be recorded

In effect

marriages performed in any other manner provided for by the laws of this state; provided, however, that there is filed in the county in which the marriage takes place, within thirty days after the performance of the tribal marriage, a certificate declaring such marriage to have been performed.

      Sec. 2.  The certificate of declaration herein required to be filed shall give the names of the persons married, their ages, tribe, and place and date of marriage. Said certificate shall be signed by some official of the tribe, reservation, or colony.

      Sec. 3.  Said certificate shall be filed with the recorder of the county in which the marriage was performed and by him recorded without charge.

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

 

________

 

CHAPTER 189, AB 82

 

 

 

 

 

 

 

 

 

Preamble

[Assembly Bill No. 82–Messrs. Burke, Tandy, Grant, Floathe, and Smith]

 

Chap. 189–An Act creating the office of veterans’ service commissioner, providing the qualifications, the manner of appointment, duties, salary, and term of office of such officer, providing an appropriation therefor, and declaring an emergency to exist.

 

[Approved March 29, 1943]

 

      Whereas, The people of the State of Nevada have always been steadfast in their loyalty to country and pride of state, and in this period of war and national emergency are unfaltering in their sacrifices for the common good; and

      Whereas, Thousands of the sons and daughters of Nevada, imbued with love of country and the courage born of the tranquil deserts and purple hills of Nevada, have entered into the military forces of the nation; and

      Whereas, We who love and honor these gallant youths are pledged to secure to them on their return to the pursuits of peace after final victory, to the fullest extent, the benefits and privileges conferred on them by a grateful government, both state and national; and

      Whereas, Much legislation benefiting service men and women and their dependents, designed to fit them once again into the ways of peace without undue hardship or economic loss, will be enacted by Congress and the legislatures of the various states; and

      Whereas, To avoid the confusion that attended the demobilization of service men following world war I, it is deemed necessary and proper to provide a means of preserving to our new generation of veterans the benefits and privileges that are now being, and will hereafter be, accorded to them in the way of adjusted compensation, hospitalization, insurance, pensions, disability compensation, rehabilitation, employment preferences, vocational training, and education; and

 


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

ê1943 Statutes of Nevada, Page 277 (CHAPTER 189, AB 82)ê

 

deemed necessary and proper to provide a means of preserving to our new generation of veterans the benefits and privileges that are now being, and will hereafter be, accorded to them in the way of adjusted compensation, hospitalization, insurance, pensions, disability compensation, rehabilitation, employment preferences, vocational training, and education; and

      Whereas, The prompt securing to our new veterans of all of the benefits and privileges accorded them will result in a well-ordered return to civilian life, will ultimately save to the State of Nevada many thousands of dollars, and will fulfill in part our duty to preserve and protect the rights of those who now defend our liberties; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby created the office of veterans’ service commissioner.

      Sec. 2.  Such commissioner shall be appointed by the governor of the State of Nevada from a list of names selected by a committee composed of the department commanders, or other similar officers, of the United Spanish War Veterans, Veterans of Foreign Wars, American Legion, Disabled American Veterans of the World War, and of any other nationally recognized service organization wherein membership is based upon service in the military and naval forces of the United States during time of war; provided, that in the event the governor does not approve of the appointment of any of the persons recommended, then he may request other and additional recommendations. Any person to be eligible for appointment as such commissioner shall be an actual and bona fide resident of the State of Nevada, and shall possess an honorable discharge from some branch of the military and naval service of the United States.

      Immediately upon a vacancy occurring in the office of veterans’ service commissioner, the governor shall notify the department heads of such service organizations, who shall within ten days thereafter make the recommendation herein required of them.

      Sec. 3.  The duties of veterans’ service commissioner shall be to assist veterans, and those presently serving in the military and naval forces of the United States who are residents of the State of Nevada, their wives, widows, husbands, children, dependents, administrators, executors, and personal representatives, in preparing, submitting, and presenting any claim against the United States, or any state, for adjusted compensation, hospitalization, insurance, pension, disability compensation, vocational training, education, rehabilitation, and assist them in obtaining any aid or benefit to which they may, from time to time, be entitled under the laws of the United States, or of any of the states.

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

Creation of office

Governor to appoint veterans’ service commissioner

 

 

 

 

 

Qualifications

 

 

 

Vacancy, how filled

 

 

 

Duties of veterans’ service commissioner


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

ê1943 Statutes of Nevada, Page 278 (CHAPTER 189, AB 82)ê

 

 

Additional duties

 

 

 

 

 

 

 

Commissioner may administer oaths

 

 

 

 

Salary and additional allowances

 

 

 

 

 

 

 

 

 

 

Location of office

 

 

 

Appropriation

and assist them in obtaining any aid or benefit to which they may, from time to time, be entitled under the laws of the United States, or of any of the states. It shall also be the duty of said commissioner to aid, assist, encourage, and cooperate with every nationally recognized service organization insofar as the activities of such organizations are for the benefit of veterans and service men and women. It shall also be the duty of such commissioner to give aid, assistance, and counsel to each and every problem, question, and situation, individual as well as collective, affecting any veteran or service man or woman, or their dependents, or to any group of veterans or service men and women, when in his opinion such comes within the scope of this act.

      Sec. 4.  Said commissioner shall have a seal of office and be authorized to administer oaths to any person whose acknowledgment may become necessary in the prosecution of any claim for compensation, hospitalization, insurance, or other aid or benefits, and he shall likewise be authorized and empowered to certify to the correctness of any document or documents which may be submitted in connection with any such application.

      Sec. 5.  The salary of such commissioner shall be thirty-six hundred ($3,600) dollars per year, to be paid in the same manner as other state officers. He shall likewise be allowed the sum of eighteen hundred ($1,800) dollars per year for clerks and stenographic hire; one thousand ($1,000) dollars for office equipment; five hundred ($500) dollars for travel expenses; and six hundred ($600) dollars for supplies and other miscellaneous office and administrative expenses. In the event it becomes necessary for such service officer to travel in the performance of his duties he shall be paid travel expenses and mileage at the same rate and in the same manner as other state officers, the total of which, however, shall in no event exceed the sum of five hundred ($500) dollars. All claims for salaries, travel expenses, and administrative expense, shall be paid at the time and in the manner that similar claims and expenses of other state departments and officers are paid.

      Sec. 6.  The office of said commissioner shall be located in the same city as the state branch office of the United States veterans’ bureau maintains its state administrative bureau, and in the event that such office be discontinued in the State of Nevada, then at such place as the governor may designate.

      Sec. 7.  For the purpose of carrying out and making effective the provisions of this act, there is hereby appropriated out of the general fund of the State of Nevada, not otherwise appropriated, the sum of ten thousand ($10,000) dollars for the biennium beginning July 1, 1943, and ending June 30, 1945.


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

ê1943 Statutes of Nevada, Page 279 (CHAPTER 189, AB 82)ê

 

      Sec. 8.  The term of office of the veterans’ service commissioner shall be for a period of two years, terminating regardless of date of appointment on December 31 of each even-numbered year; provided, however, that said commissioner may be removed from office at any time on failure to perform the duties herein required of him; and provided further, that such office shall not be permitted to be vacant at any time for a period of more than thirty days.

      Sec. 9.  By reason of this nation being now at war and there now being upwards of ten million men and women in the military forces of the United States, many of whom will be daily discharged from service by reason of wounds, sickness, and other physical disabilities, all of whom will immediately require the aid, advice, counsel, and assistance of the veterans’ service commissioner in the protection of the rights and privileges accorded them by law, an emergency is deemed, and is hereby declared, to exist, and this act shall take effect and be in full force and effect from and after its passage and approval.

      Sec. 10.  All acts and parts of acts in conflict herewith are expressly repealed.

Term of office

 

 

 

 

 

Declared emergency

 

 

 

 

 

In effect

 

Repeal

 

________

 

CHAPTER 190, AB 183

[Assembly Bill No. 183–Committee on Judiciary]

 

Chap. 190–An Act to amend an act entitled “An act relating to marriage and divorce,” approved November 28, 1861, as amended.

 

[Approved March 29, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being section 4050 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 1.  That marriage, so far as its validity in law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential. Consent alone will not constitute marriage; it must be followed by solemnization as authorized and provided by this act; provided, however, that the provisions hereof requiring solemnization shall not invalidate any marriage contracts now in effect to which the consent only of the parties capable in law of contracting said contract was essential.

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

 

 

 

 

 

 

 

 

 

 

 

 

Validity of marriage

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1943 Statutes of Nevada, Page 280ê

CHAPTER 191, SB 46

 

 

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain bonds and securities declared lawful investments

[Senate Bill No. 46–Senator Haight]

 

Chap. 191–An Act designating the various classes of bonds and other securities in which the funds of the state and its various departments, institutions, and agencies, and of the state insurance funds, except those whose investment is expressly governed by the Nevada constitution, and except those which are received from the federal government or pursuant to federal law and whose investment is governed thereby, may be lawfully invested, and other matters relating thereto.

 

[Approved March 29, 1943]

 

      Whereas, There are various laws of the State of Nevada designating the bonds and other securities in which the funds of the state and of its various departments, institutions, and agencies, and of the state insurance fund provided for in the Nevada industrial insurance act, may be lawfully invested, and each of such laws name somewhat different kinds of bonds and other securities in which such funds may be lawfully invested, and such differences result in such confusion as might easily result in the investment of some of such funds in bonds and securities which are not authorized by law; and

      Whereas, There are water and/or power districts whose bonds are general obligation bonds and constitute liens upon a far greater amount and value of property than do some of the other bonds and securities mentioned in said laws as proper and lawful securities for the investment of such funds and which are, therefore, more substantial securities for such investments, and which pay a considerably higher rate of interest than do the bonds named and designated in said various laws now in existence; therefore

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Any law of this state to the contrary notwithstanding, the following bonds and other securities, or either or any of them, are and hereby are declared to be proper and lawful investments of any of the funds of this state, and of its various departments, institutions, and agencies, and of the state insurance fund, except such funds or moneys as the investment of which is governed by the provisions of the constitution of the State of Nevada, such as moneys for the benefit of the public schools of this state and for other educational purposes derived from land grants of the United States, escheat estates, gifts, and bequests for educational purposes, fines, and from other sources, as provided for in article XI, section 3 of the constitution of this state (Nevada Compiled Laws 1929, section 148); and except also such funds or moneys thereof as have been received or which may hereafter be received from the federal government or received pursuant to some federal law and the investment of which is governed thereby: Bonds and certificates of the United States, bonds of federal agencies where underwritten or payment guaranteed by the United States, or bonds of this state or other states of the union, bonds of any county of the State of Nevada or of other states, bonds of incorporated cities in this state or in other states of the union, general obligation bonds of irrigation and drainage districts in the State of Nevada which are liens upon the property within such districts, and the value of which property is found by the board or commission making such investments to render such bonds financially sound over and above all other obligations of such districts, bonds of school districts within the State of Nevada, bonds of any power and/or water district having a population of not less than 200,000 persons and situated in two (2) or more counties of the State of Nevada or of any other state, and which bonds are general obligation bonds and constitute a lien upon the property within said district which is subject to taxation and is of an assessed valuation of not less than five (5) times the amount of the bonded indebtedness of such district, and loans bearing interest at a rate of not less than six (6%) percent per annum when secured by first mortgages on agricultural lands in the State of Nevada of not less than three (3) times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances.


…………………………………………………………………………………………………………………

ê1943 Statutes of Nevada, Page 281 (CHAPTER 191, SB 46)ê

 

Compiled Laws 1929, section 148); and except also such funds or moneys thereof as have been received or which may hereafter be received from the federal government or received pursuant to some federal law and the investment of which is governed thereby: Bonds and certificates of the United States, bonds of federal agencies where underwritten or payment guaranteed by the United States, or bonds of this state or other states of the union, bonds of any county of the State of Nevada or of other states, bonds of incorporated cities in this state or in other states of the union, general obligation bonds of irrigation and drainage districts in the State of Nevada which are liens upon the property within such districts, and the value of which property is found by the board or commission making such investments to render such bonds financially sound over and above all other obligations of such districts, bonds of school districts within the State of Nevada, bonds of any power and/or water district having a population of not less than 200,000 persons and situated in two (2) or more counties of the State of Nevada or of any other state, and which bonds are general obligation bonds and constitute a lien upon the property within said district which is subject to taxation and is of an assessed valuation of not less than five (5) times the amount of the bonded indebtedness of such district, and loans bearing interest at a rate of not less than six (6%) percent per annum when secured by first mortgages on agricultural lands in the State of Nevada of not less than three (3) times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances.

      Sec. 2.  Before making any investment in the bonds and other securities hereinbefore designated, the Nevada industrial commission, state board of finance, or state board of education, or other board, commission, or agency of the state, if any, contemplating the making of any such investments shall make due and diligent inquiry as to whether the bonds of such federal agencies are actually underwritten or payment thereof guaranteed by the United States, and as to the financial standing and responsibility of the state or states, county or counties, incorporated cities, irrigation and drainage districts, school districts, power and/or water districts in the bonds or securities of which such investments are contemplated or are to be made and as to whether such bonds and other securities are valid and duly authorized and issued, and the proceedings incident thereto have been fully complied with, and as to the financial standing and responsibility of the person or persons, company or companies, corporation or corporations, to whom or to which such loans are contemplated and as to the value of the lands so mortgaged; and such commission or board, or other state agency, shall also require of the attorney-general his legal opinion in writing as to the validity of any laws under which such bonds or securities are issued and authorized and in which such investments are contemplated, and as to the validity of such bonds or other securities, and shall also require the attorney-general to examine and pass upon and to give his official opinion in writing upon the title and abstract of title, or title insurance, of all agricultural lands so mortgaged to secure such loans, and, unless such commission or board, or other state agency, be satisfied from such inquiry and opinion that the bonds of such federal agencies are underwritten or payment thereof guaranteed by the United States and of the financial standing and responsibility of the state, county, incorporated city, or district issuing such bonds, then such commission or board, or other state agency, shall not invest such funds therein, but, if satisfied as to the same, such commission or board, or other state agency, may, at its option, so invest such funds in such bonds.

Certain bonds and securities declared lawful investments

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Diligent inquiry before investment


…………………………………………………………………………………………………………………

ê1943 Statutes of Nevada, Page 282 (CHAPTER 191, SB 46)ê

 

 

 

 

 

Duties of attorney-general

 

 

 

 

 

 

 

 

Purpose of act

 

 

 

 

 

 

Decisions affect adjudicated sections only

 

Repeal

In effect

are contemplated and as to the value of the lands so mortgaged; and such commission or board, or other state agency, shall also require of the attorney-general his legal opinion in writing as to the validity of any laws under which such bonds or securities are issued and authorized and in which such investments are contemplated, and as to the validity of such bonds or other securities, and shall also require the attorney-general to examine and pass upon and to give his official opinion in writing upon the title and abstract of title, or title insurance, of all agricultural lands so mortgaged to secure such loans, and, unless such commission or board, or other state agency, be satisfied from such inquiry and opinion that the bonds of such federal agencies are underwritten or payment thereof guaranteed by the United States and of the financial standing and responsibility of the state, county, incorporated city, or district issuing such bonds, then such commission or board, or other state agency, shall not invest such funds therein, but, if satisfied as to the same, such commission or board, or other state agency, may, at its option, so invest such funds in such bonds.

      Sec. 3.  Except as otherwise provided in this act, the said Nevada industrial commission, state board of finance, or state board of education, or such other state agency, if any, shall proceed in the same manner as the law relating to each of them requires in the making of such investments, the purpose of this act being merely to designate the classes of bonds and other securities and loans in which the above-mentioned funds may be lawfully invested and the other matters relating thereto as hereinbefore specified.

      Sec. 4.  If any section, sentence, clause, phrase, word, or portion of this act shall be held invalid or unconstitutional, the remaining provisions thereof shall not be affected thereby, but shall continue to be given full force and effect as if the part so held invalid or unconstitutional had not been included herein.

      Sec. 5.  All acts and parts of acts in conflict herewith are hereby repealed; and this act shall be in full force and effect immediately upon its passage and approval.

 

________

 

 


…………………………………………………………………………………………………………………

ê1943 Statutes of Nevada, Page 283ê

CHAPTER 192, AB 35

[Assembly Bill No. 35–Mr. McElroy]

 

Chap. 192–An Act to define and regulate the business of lending in amounts of three hundred dollars or less; to authorize the licensing of persons engaged in such business; to permit such licensees to make charges at a greater rate than lenders not licensed hereunder; to prescribe maximum rates of charge which licensees are permitted to make; to provide for the administration and enforcement of this act and for the issuance of regulations and orders therefor; to authorize the making of examinations and investigations and the publication of reports thereof; to provide for a review of administrative acts hereunder; providing a small-loan act fund for the purpose of carrying out the provisions of the act, and providing for the transfer to the general fund of the state of any excess under certain conditions; to prescribe penalties; and to repeal all acts and parts of acts, whether general, special, or local, which relate to the same subject matter as this act, so far as they are inconsistent with the provisions of this act.

 

[Approved March 30, 1943]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  (a) Declaration of Legislative Intent.  The legislature finds as facts and determines that:

      1.  There exists among citizens of this state a widespread demand for small loans. The scope and intensity of this demand have been increased progressively by many social and economic forces.

      2.  The expense of making and collecting small loans, which are usually made on comparatively unsubstantial security to wage earners, salaried employees, and other persons of relatively low incomes is necessarily high in relation to the amounts lent.

      3.  Such loans cannot be made profitably under the limitations imposed by existing laws relating to interest and usury. These limitations have tended to exclude lawful enterprises from the small-loan field. Since the demand for small loans cannot be legislated out of existence, many small borrowers have been left to the mercy of those willing to bear the opprobrium and risk the penalties of usury for a large profit.

      4.  Interest charges are often disguised by the use of subterfuges to evade the usury law. These subterfuges are so complicated and technical that the usual borrower of small sums is defenseless, even if he is aware of the usurious nature of the transaction and of his legal rights.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Declaration of legislative intent


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ê1943 Statutes of Nevada, Page 284 (CHAPTER 192, AB 35)ê

 

Declaration of legislative intent

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Scope

      5.  As a result, borrowers of small sums are being exploited, to the injury of the borrower, his dependents, and the general public. Charges are generally exorbitant in relation to those necessary to the conduct of a legitimate small-loan business; trickery and fraud are common; and oppressive collection practices are prevalent.

      6.  These evils characterize and distinguish loans of three hundred dollars or less. Legislation to control this class of loans is necessary to protect the public welfare.

      7.  It is the intent of the legislature in enacting this law to bring under public supervision those engaged in the business of making such loans, to eliminate practices that facilitate abuse of borrowers, to establish a system or regulation for the purpose of insuring honest and efficient small-loan service and of stimulating competitive reductions in charges, to allow lenders who meet the conditions of this act a rate of charge sufficiently high to permit a business profit, and to provide the administrative machinery necessary for effective enforcement.

      (b) Definitions.  The following words and terms when used in this act shall have the following meanings unless the context clearly requires a different meaning. The meaning ascribed to the singular form shall apply also to the plural.

      “Person” shall include individuals, copartnerships, associations, trusts, corporations, and any other legal entities.

      “License” shall mean a license, issued under the authority of this act, to make loans in accordance with the provisions of this act at a single place of business.

      “Licensee” shall mean a person to whom one or more licenses have been issued.

      “Commissioner” shall mean the superintendent of banks.

      “Department” shall mean the state board of finance.

      Sec. 2.  (a) Scope.  No person shall engage in the business of lending in amounts of three hundred dollars or less and contract for, exact, or receive, directly or indirectly, on or in connection with any such loan, any charges whether for interest, compensation, consideration, or expense, which in the aggregate are greater than the interest that the lender would be permitted by law to charge for a loan of money if he were not a licensee under this act, except as provided in and authorized by this act, and without first having obtained a license from the commissioner. For the purpose of this section a loan shall be deemed to be in the amount of three hundred dollars or less if the net amount of value advanced to or on behalf of the borrower, after deducting all payments for interest, principal, expenses, and charges of any nature taken substantially contemporaneously with the making of the loan does not exceed three hundred dollars.


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ê1943 Statutes of Nevada, Page 285 (CHAPTER 192, AB 35)ê

 

      (b) Exemptions.  No person doing business under the authority of any law of this state or of the United States relating to banks, savings banks, trust companies, savings or building and loan associations, or credit unions shall be eligible to become a licensee under this act, nor shall this act apply to any business transacted by any such person under the authority of and as permitted by any such law, nor to any bona fide pawnbroking business transacted under a pawnbroker’s license.

      (c) Evasions.  The provisions of subsection (a) of this section shall apply to any person who seeks to evade its application by any device, subterfuge, or pretense whatsoever including, but not thereby limiting, the generality of the foregoing: The loan, forbearance, use, or sale of credit (as guarantor, surety, endorser, comaker, or otherwise), money, goods, or things in action; the use of collateral or related sales or purchases of goods or services, or agreements to sell or purchase, whether real or pretended; receiving or charging compensation for goods or services, whether or not sold, delivered, or provided; and the real or pretended negotiation, arrangement, or procurement of a loan through any use or activity of a third person, whether real or fictitious.

      (d) Penalty.  Any person and the several members, officers, directors, agents, and employees thereof, who shall violate or participate in the violation of any provision of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars and not less than one hundred dollars, or by imprisonment of not more than six months, or by both such fine and imprisonment, in the discretion of the court. Any contract of loan in the making or collection of which any act shall have been done which violates subsection (a) of this section shall be void and the lender shall have no right to collect, receive, or retain any principal, interest, or charges whatsoever.

      Sec. 3.  Application and Fee.  Application for a license shall be in writing, under oath, and in the form prescribed by the commissioner. The application shall give the exact location where the business is to be conducted and shall contain such further relevant information as the commissioner may require, including the names and addresses of the partners, officers, directors, or trustees, and of such of the principal owners or members as will provide the basis for the investigations and findings contemplated by section 4 of this act. At the time of making such application, the applicant shall pay to the commissioner the sum of fifty dollars as a fee for investigating the application which will apply on the license fee, if granted, and the sum of fifty dollars as a license fee when granted of the period ending on the last day of the current calendar year; provided, that if the license is granted after June thirtieth in any year the license fee shall be twenty-five dollars.

Exemptions

 

 

 

 

 

Evasions

 

 

 

 

 

 

 

 

 

Penalty

 

 

 

 

 

 

 

 

Application and fee


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ê1943 Statutes of Nevada, Page 286 (CHAPTER 192, AB 35)ê

 

 

 

 

Investigation of application

 

 

 

 

 

 

 

 

Issuance of license

 

 

 

 

 

 

 

 

 

Denial of license

 

 

 

 

 

Posting of license

license fee when granted of the period ending on the last day of the current calendar year; provided, that if the license is granted after June thirtieth in any year the license fee shall be twenty-five dollars.

      Sec. 4.  (a) Investigation of Application.  Upon the filing of such application and the payment of such fees, the commissioner shall investigate the facts concerning the application and the requirements provided for in subsection (b) of this section. At least twenty days before entering the order granting or denying such application, he shall mail a notice of the receipt of the application to each licensee having a place of business in the community where the applicant proposes to do business and he may mail such a notice to such other persons, associations, and institutions as he may see fit. The commissioner shall grant or deny each application for a license within sixty days from the filing thereof with the required information and fees unless the period is extended by written agreement between the applicant and the commissioner.

      (b) Issuance of License.  If the commissioner shall find (1) that the financial responsibility, experience, character, and general fitness of the applicant are such as to command the confidence of the public and to warrant belief that the business will be operated lawfully, honestly, fairly, and efficiently, within the purposes of this act, and (2) that allowing