submitting the proposal for such bond issue to the electors of said Humboldt County. Said special election shall be called by resolution of said board of county commissioners duly entered upon its minutes, and they shall give notice of said special election by publication thereof in a newspaper of general circulation, published in said county, for a period of at least three weeks before the holding of said election.

      Sec. 6.  Any citizen legally entitled to registration whose name is not upon the official registry list of said Humboldt County, may apply to the county clerk, or to the persons authorized in the resolution calling the election, to act as registry agent, not more than twenty nor less then five days prior to the day of election, to have his name registered. No notice, other than that contained in the published notice calling said election, shall be required as to the time of opening and the close of said registration. The resolution calling said election may provide that two or more voting precincts be consolidated.

      Sec. 7.  All laws in force governing bond elections, and all of the laws in force governing the letting of contracts by boards of county commissioners of this state, and all other pertinent laws are hereby made applicable to and shall govern the board in their official acts in connection herewith, and all bills contracted, or payments made, for the purpose of carrying out the provisions of this act, shall be by the board of county commissioners of Humboldt County authorized, audited, and paid as other obligations of said county are authorized, presented, allowed, and paid.

      Sec. 8.  It shall be the duty of the board of county commissioners on or before 15 days before the date of said election to select and appoint suitable persons, who shall be citizens and qualified voters in the state, county, and in the precinct where they are appointed, to act as inspectors and clerks of said election; such inspectors and clerks of election shall be selected, appointed, and paid if payment thereof be claimed as now provided by law, and they shall perform such duties in holding said election and in making due return thereof as are required by the general election laws of this state so far as the same are not inconsistent with or in conflict with the provisions of this act; provided, however, that only one election board shall be appointed for each voting precinct in the state.

      Sec. 9.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor taxation to be imposed omitted, nor any other act or thing be done or permitted to be done to impair the marketable value of the good faith of the State of Nevada in causing said bonds to be issued, until all of the bonds and coupons issued under and by virtue of the terms of this act shall have been paid in full.

Registration lists to be open

Provisions of existing laws to govern

Commissioners to name election officials; proviso

Faith of state pledged

In effect

      Sec. 10.  This act shall take effect immediately upon and after its passage and approval.

Possession of game limited

[Assembly Bill No. 91–Mr. Oldham]

Chap. 100–An Act to amend an act entitled “An act to amend sections 3, 11, 12, 25, 35, 51, 53, 54, 69, 74, 79, 91, and 92 of 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,” as amended and approved March 28, 1933.

[Approved March 22, 1937]

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

Assembly, do enact as follows:

      Section 1.  Section 69 of the above-entitled act, being section 3103 N. C. L. 1929, in chapter 188 Statutes of Nevada 1933, is hereby amended to read as follows:

      Section 69.  It shall be unlawful for any person to hunt or have in his or her possession during any one calendar day, in open season, a greater number than fifteen ducks, five sagehen, or sagecock, ten snipe, four geese, four brants, three grouse, three pheasants, ten valley quail, five prairie chicken, five mountain quail, twenty-five doves, three partridge, five cottontail rabbits, or two mountain hare, or one day’s limit of any other game bird or game animal killed during the open season; provided, however, that any person upon obtaining a permit from any state or county fish or game warden or deputy warden or the state fish and game commission may keep in storage in a licensed warehouse or his own home any fish or game, with the exception of migratory birds, killed during the open season and not to exceed one day’s limit; provided further, that in the event of any change in the federal game law wherein the bag limit may be increased, the fish and game commission may, by proclamation through the press, increase the limits herein provided within the limitations of the federal law.

fish or game, with the exception of migratory birds, killed during the open season and not to exceed one day’s limit; provided further, that in the event of any change in the federal game law wherein the bag limit may be increased, the fish and game commission may, by proclamation through the press, increase the limits herein provided within the limitations of the federal law.

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

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

Repeal

In effect

[Assembly Bill No. 167–Mr. Tallman]

Chap. 101–An Act providing for an appropriation for the payment for rentals for armory headquarters of companies “E” and “F,” 115th engineers, Nevada national guard, stationed at Lovelock and Winnemucca, respectively.

[Approved March 22, 1937]

      Whereas, At the regular session of the legislature of the State of Nevada in 1935, there was appropriated certain sums for the support of the adjutant general and the Nevada national guard, including the organization of new units; and

      Whereas, On the 18th of January 1937, by reason of statutory provisions, the sum of $723.35 remaining in said funds allotted for organization of new units was reverted to the general fund of the State of Nevada; and

      Whereas, There will be due for armory rentals for company “E,” Lovelock, to July 1, 1937, the sum of $180, and for company “F,” 115th engineers, Winnemucca, on the 1st of April, the sum of $225, making a total of $405, and there is no appropriation available from which such rentals can be paid; 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 armory rentals of company “E,” Lovelock, and company “F,” 115th engineers, Nevada national guard, Winnemucca, Nevada, for sums due and to become due, for the months of January to July 1, 1937, and January to April 1, 1937, respectively, there is hereby appropriated out of any moneys in the general fund in the State of Nevada, not otherwise appropriated, the sum of $405, payable $180 for company “E” at Lovelock, Nevada, and $225 for company “F” at Winnemucca, Nevada.

Preamble

Funds appropriated for payment of armory rentals

Duties of controller and treasurer

In effect

      Sec. 2.  Upon receipt of proper claims, duly approved by the board of military auditors, the state controller is hereby directed to draw his warrant for the amounts above set forth, and the state treasurer is hereby authorized and directed to pay the same out of the appropriation hereby created.

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

State planning board created

Terms of office

Members to serve without compensation

Board to organize on call of governor; powers of board

[Assembly Bill No. 218–Mr. Farndale]

Chap. 102–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]

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

Assembly, do enact as follows:

      Section 1.  A board is hereby created to be known as the state planning board, hereinafter designated as “the board”; said board shall consist of eleven members, eight thereof shall be appointed by the governor, and three shall be members ex officio. The governor, the state engineer, and the state highway engineer shall be said ex officio members.

      Sec. 2.  Of the members of the board first appointed, three shall be appointed for a term of one year, three for a term of three years, and two for a term of four years; their successors shall be appointed for terms of four years. The term of office of each appointee member of the board shall begin January first of the year of appointment. If a vacancy shall occur otherwise than by expiration of the term of an appointee member, it shall be filled by appointment for the unexpired portion of the term. The ex officio members shall serve only during their incumbency.

      Sec. 3.  All members of the board shall serve as such without compensation; provided, however, that each shall be entitled to and shall receive payment of his actual and necessary expenses incurred in the performance of official duties and/or in attending meetings of the board. Such expenses shall be paid from the moneys appropriated for the use of the board.

      Sec. 4.  Within a reasonable time after the appointment of the members of the board, the board shall meet upon the call of the governor and shall effect an organization by electing a chairman and selecting a secretary who need not be a member of the board. It shall adopt such rules for the regulation of its proceedings and the transaction of its business as it deems proper and shall keep a record of its official actions.

actions. The board may appoint such technical and clerical assistants and make such other expenditures as may be necessary to carry into effect the purposes of their acts. All expenditures made by the board, however, shall be within the limits of the appropriation provided for the use of the board.

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

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

      (b) To submit reports and to make recommendations relative to its findings to the governor and the legislature.

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

      Sec. 6.  The board is hereby authorized to participate in interstate, regional, and national planning projects for the purpose of conserving and promoting public health and the safety, convenience and general welfare of the people; and through its members or its staff the board is hereby authorized to confer and cooperate with federal officials and with the executive, legislative, or planning authorities of neighboring states and of the counties and municipalities of such states.

      The board shall have the power to use all reasonable means to promote public interest in the problems of state planning, and to that end may publish and distribute copies of its reports and may employ other lawful means of publicity and education.

      The board is hereby empowered to receive and accept, in the name of the state, grants of money or services to enable it to carry on its work under this act. In general, the board shall have such powers as may be necessary to enable it to fulfill its functions and to carry out the purposes of this act.

      Sec. 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, not more than one thousand ($1,000) dollars for the biennium ending June 30, 1939, to enable the board to carry out the provisions of this act.

      Sec. 8.  This act shall become effective immediately upon its passage and approval.

Function and duty of state planning board

Additional powers of board

Appropriation, $1,000

In effect

Electors, when and where to convene

Duties when convened

Repeal

In effect

[Assembly Bill No. 246–Mr. Tapscott]

Chap. 103–An Act to amend sections 6 and 7 of an act entitled “An act relating to officers, their qualifications, times of election, terms of office, official duties, resignations, removals, vacancies in office, and the mode of supplying the same, misconduct in office, and to enforce official duty,” approved March 9, 1866, and repealing all acts in conflict herewith.

[Approved March 22, 1937]

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

Assembly, do enact as follows:

      Section 1.  Section 6 of the above-entitled act, the same being section 4770 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 6.  The electors so chosen shall convene at the seat of government on the first Monday after the second Wednesday in December next after their election at 2 o’clock in the afternoon, or on such other date as the Congress of the United States may by law hereafter provide, and in case of the death or absence of any elector so chosen, or in case the number of electors shall from any cause be deficient, the electors then present shall forthwith elect from the qualified electors of the state as many persons as shall supply the deficiency.

      Sec. 2.  Section 7 of the above-entitled act, the same being section 4771 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 7.  The electors, when convened on said first Monday after the second Wednesday in December, or on such other date as the Congress of the United States may by law hereafter provide, shall vote by ballot for one person for president and one person for vice president of the United States, one of whom, at least, shall not be an inhabitant of this state. They shall name in their ballots the persons voted for as president, and in distinct ballots the persons voted for as vice president; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice president, and of the number of votes given for each, which list they shall sign and certify and transmit, sealed up, to the seat of government of the United States, directed to the president of the senate; and they shall, in all respects, proceed conformably to the constitution of the United States, and the laws of the United States in this behalf.

      Sec. 3.  All acts and parts of acts in conflict herewith are hereby repealed.

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

[Assembly Bill No. 275–Mr. Rochon]

Chap. 104–An Act to amend sections 1, 10 and 25 of an act entitled “An act to incorporate Carson City,” approved February 25, 1875, as amended March 2, 1877, as amended March 5, 1879, as amended March 6, 1889, as amended March 8, 1895, as amended March 17, 1905, as amended February 28, 1907, as amended March 28, 1907, as amended March 11, 1921, as amended March 29, 1929, as amended March 24, 1931.

[Approved March 22, 1937]

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

Assembly, do enact as follows:

      Section 1.  Section 1 of an act entitled “An act to incorporate Carson City,” approved February 25, 1875, is hereby amended so as to read as follows:

      Section 1.  On and after the first Monday in March, A. D. eighteen hundred and seventy-five, and for the purposes hereinafter mentioned, the inhabitants of that portion of the county of Ormsby embraced within the limits hereinafter set forth, shall be a body politic and corporate, by the name and style of Carson City, and by that name they and their successors shall be known in law, have perpetual succession, and sue and be sued in all courts, The boundaries of said Carson City from and after the first day of April 1937, shall be as follows: Beginning at the center of the southeast quarter of section eight, in township number fifteen north, of range number twenty east, Mount Diablo base and meridian; running thence due west three-fourths of a mile to the west boundary of said section eight; thence south one-fourth of a mile to the southwest corner of said section eight; thence due west on the section line to a point due north of the west line of Elizabeth street; thence due south to the north line of Washington street; thence west along said north line of Washington street to a point two hundred and sixty-two (262) feet west of the west boundary line of the east half of the northeast quarter of section eighteen, aforesaid township and range; thence south six hundred and sixty (660) feet; thence east two hundred and sixty-two (262) feet to the west boundary line of the east half of the northeast quarter of said section eighteen; thence due south to the south boundary line of sections seventeen and eighteen, same township and range; thence east along said southern boundary line of sections seventeen and eighteen one mile to a point due south of the place of beginning; thence north one and one-fourth miles to the place of beginning.

      Sec. 2.  Section 10 of an act entitled “An act to incorporate Carson City,” approved February 25, 1875, as amended, is hereby amended so as to read as follows:

City of Carson City constituted

Boundaries defined

Powers and duties of trustees of Carson City

      Section 10.  The board of trustees shall have the following powers:

      First-To institute and maintain any suit or suits of said city in the proper court and courts whenever, in their judgment, necessary to maintain or enforce any right or rights of said city, and they may, in like manner, defend all actions brought against said city.

      Second-To annually levy a tax of not less than one-quarter of one percent, and not exceeding three-quarters of one percent, on all assessed value of all the real and personal property situated in said city, and by law made taxable for state and county purposes.

      Third-To lay out, extend, change, or close the streets and alleys in said city, and to provide for the grading, draining, cleansing, widening, lighting, or otherwise improving the same; and, also, to provide for the construction, repair, preservation, grade and width of sidewalks, bridges, drains and sewers, and for the prevention and removal of obstructions from the streets, alleys, and sidewalks, drains, and sewers of said city; provided, that said board of trustees may, in its discretion, assess the cost of any part thereof for improving any streets, or repairing or building any sidewalk, street, drain, or sewer, to the owner or owners of any property in front of which said street or sidewalk or proposed sidewalk is or will be, and may make such cost of building, repairing, or improvement a lien upon such property; provided further, that said cost of building, repairing, or improving any street or sidewalk, drain or sewer, which may be so as aforesaid assessed to the owner of, and made a lien upon, the property in front of which the same is, or will be, shall in no case exceed thirty percent of the assessed value of such property, as the same shall appear from the last annual assessment thereof made for state and county taxation purposes next preceding the time of making such street or sidewalk, drain, or sewer, or repairing or improving the same, as the case may be.

      Fourth-To provide by ordinance for the care and preservation of all trees and shrubbery within the city and to regulate the planting and destruction thereof; provided, that said board of trustees may, in its discretion, assess the cost for the care and preservation, planting, trimming, or removal of any of said trees or shrubbery to the owner or owners of the property on which the same may be; or if on the sidewalk or street to the owner or owners of the property abutting the portion of the sidewalk or street on which said trees or shrubbery may be or may have been. Upon the neglect or refusal of said property owner or owners to pay the costs so assessed within a time to be specified, then, and in such case, the said cost or costs so assessed shall become a lien upon said property.

      Fifth-To provide for the prevention and extinguishment of fires, and to organize, establish, regulate, and disband fire or hose companies in said city.

      Sixth-To define fire limits, and prescribe limits within which no building shall be constructed, except it be of brick, stone or other incombustible material, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings used for public purposes to be provided with fire-escapes and with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fire; to prevent the overcrowding thereof, and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screen or other appliances therein, and to regulate or prohibit the storage of gunpowder and other explosive or combustible materials within the limits of said city.

      Sixth (a)-To establish building zones, and to require building permits, and to regulate the construction of and the materials used in all buildings, chimneys, stacks and other structures; to prevent the erection and maintenance of insecure or unsafe building walls, chimneys, stacks, or other structures, and to provide for their summary abatement, destruction, or removal; to provide for the abatement, destruction or removal of unsightly or partially destroyed buildings; to regulate the materials used in and the method of construction of foundations and foundation walls, the manner of construction and location of drains and sewers, the materials used in wiring buildings or other structures for the use of electricity for lighting, power, heat or other purposes and materials used for piping buildings or other structures for the purpose of supplying the same with water, gas, or electricity, and the manner of so doing; to prohibit the construction of buildings and structures which do not conform to such regulations.

      Sixth (b)-To pass and adopt zoning ordinances establishing building lines, and regulating, restricting and prohibiting the use of buildings and lands, within the districts or zones so established, by industries, trades, occupations and businesses, and by different kinds and classes of buildings, structures and dwellings.

      Seventh-To determine by ordinance what shall be deemed nuisances within the limits of said city, and provide for the punishment, removal, and prevention of the same; to provide by ordinance for the removal of any refuse, weeds, or other growth, unsightly, insanitary, offensive, or a fire hazard upon any lot or lots or in or about any premises within the city limits; to provide by ordinance that the cost of abating any nuisance existing upon private property and the cost of removal of any refuse, weeds, or other growth, unsightly or obnoxious matter or material, be made a lien upon the property on which said nuisance existed or from which said refuse, weeds, or other growth, unsightly or obnoxious matter or material has been removed, and to provide that the amount of such lien may be levied and assessed against the property as a tax in the general assessment roll next thereafter to be made, in a column for special assessments, and thereupon the amount so levied and assessed in said assessment roll shall be collected and enforced with the other taxes in the assessment roll, and at the same time and in the same manner, and shall continue to be a lien upon the property assessed until paid; provided, that at any time after the special assessment has become payable the same may be collected, or the lien created enforced, by a suit in the name of the city in any court of competent jurisdiction.

Powers and duties of trustees of Carson City

Powers and duties of trustees of Carson City

obnoxious matter or material, be made a lien upon the property on which said nuisance existed or from which said refuse, weeds, or other growth, unsightly or obnoxious matter or material has been removed, and to provide that the amount of such lien may be levied and assessed against the property as a tax in the general assessment roll next thereafter to be made, in a column for special assessments, and thereupon the amount so levied and assessed in said assessment roll shall be collected and enforced with the other taxes in the assessment roll, and at the same time and in the same manner, and shall continue to be a lien upon the property assessed until paid; provided, that at any time after the special assessment has become payable the same may be collected, or the lien created enforced, by a suit in the name of the city in any court of competent jurisdiction.

      Eight-To fix and regulate a license upon and regulate all theaters, theatrical performances, circuses, shows, billiard tables, bowling alleys, and all exhibitions and amusements within said city; to fix and regulate and collect a license tax upon and regulate all taverns, hotels, restaurants, eating houses, boarding houses, lodging houses, bankers, brokers, gold-dust and bullion dealers, manufactories, livery stables, garages, express companies, draymen, job-wagons and taxicabs doing business within said city, and persons or corporations engaged in carrying letters, packages, or freight, railroads, and stage companies, or the owners of railroads, stage or stage lines, having an office, agency, or place of business in said city, or running through said city; to license, tax, and regulate auctioneers and stock brokers within said city; to license, tax, regulate, limit or prohibit all tippling houses, dram shops, saloons and barrooms; to license, tax, and regulate all hawkers and peddlers (except those dealing in their own agricultural products of this state), pawnbrokers, refreshment and coffee stands, booths and sheds within the city; to regulate, limit or prohibit prostitutes, house of prostitution, houses of ill-fame, unlicensed and disorderly houses; to license, tax, regulate, limit or prohibit gaming houses, gambling games and devices, hurdy-gurdy houses, or dance houses within the city; to levy and collect an annual per capita tax on all dogs within said city, and to provide for the destruction of all dogs upon which said tax shall not have been paid, and to prevent all other animals from running at large in said city, and to provide for the impounding, redemption, and sale of all such animals found running at large in said city, and to provide for their destruction upon being unable to find a buyer therefor; and to fix and have collected a license tax on all trades, professions, and classes of business carried on in said city and not hereinbefore specified.

      Ninth-To provide for the issuance of all licenses in this act specified or permitted to be issued, and to fix the amount thereof, and the times for which and the terms upon which the same shall be issued.

      Tenth-To punish, restrain, and prevent any disorderly conduct within the city.

      Eleventh-To hold, manage, use, and dispose of all real and personal property of said city, and to enforce the payment and collection of all dues and demands belonging or inuring to said city; but no sale of any such property shall be made until after it shall have been appraised by three appraisers, taxpayers of said city, at the actual market value, nor shall it be sold for less than seventy-five percent of such appraised value.

      Twelfth-To fix and prescribe the punishment for the breach of any ordinance of said city adopted by said board of trustees to be enforced therein; but no fine shall be imposed for any offense in a sum greater than five hundred dollars, nor shall any term of imprisonment exceed six months; but, in case of imprisonment, any person committed for punishment after conviction may be made to work during the term of such imprisonment on any public street or works of said city, and the city marshal or street inspector may use any lawful means to prevent the escape of such prisoners while so at work, or while going to or from such work.

      Thirteenth-To establish a board of health, and to prevent the introduction and spread of disease.

      Fourteenth-To condemn property for the use of the inhabitants of the city, in the manner hereinafter provided. The board of trustees shall appoint one referee, and the claimant or claimants or owner or owners of the property sought to be condemned shall appoint one referee, and in the event the two referees so appointed shall not agree in the valuation of the property or interest or interests claimed therein, then the two so appointed shall select a third referee, and the decision of the majority of such three, and to the valuation of the property or the interest or interests therein by them appraised, shall be reported to said board of trustees, and shall be by them regarded as final and binding unless the party deeming himself aggrieved by the decision of such referees shall appeal therefrom to the district courts of the proper county within thirty days after notice of such decision shall have been served upon him; and upon the tender, in lawful money of the United States, of the sum named as the value of such property, interest, or interests to the claimant or claimants, owner or owners thereof, or his or their agent or attorney, such property, or the interest or interests therein appraised, shall become and be the property of the city, and said board of trustees may, at any time after twenty days’ notice, cause the city marshal to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal.

Powers and duties of trustees of Carson City

Powers and duties of trustees of Carson City

notice, cause the city marshal to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal. In case the claimant or claimants, owner or owners of property sought to be condemned, as herein provided, shall refuse or neglect, when required by said trustees, to appoint a referee to value such property, then said board of trustees shall appoint a board of appraisers of such property, and their valuation of the same shall be final and binding, subject to the right of appeal, as hereinbefore provided; but no act of condemnation of property, or any claim of interest therein, as herein provided, shall be deemed or held as an admission on the part of the city, or the inhabitants thereof, of the legality of the asserted claim thereto or right therein; and in the condemnation of property, as in this act provided, the referees or appraisers, as the case may be, shall consider whether the proposed improvement, for which said property is so condemned, will be of any benefit to the person or persons owning or claiming the said property or some interest therein, and if they find that the same will be of benefit to such person or persons they shall estimate the value of such benefit to him or them, and deduct the amount thereof from the estimated value of the property or interest therein condemned.

      Fifteenth-To appoint a city marshal as the board of trustees shall, from time to time, determine, said marshal to be under the direction and control of the said board of trustees; and the said board of trustees shall have the power to remove the marshal from office at pleasure upon good cause shown therefor, and, upon a charge being preferred, to suspend said marshal until the charge shall have been passed upon finally.

      To cause the city marshal to appoint one or such number of policemen, as the board of trustees shall from time to time determine, who shall be under the direction and control of the marshal as head of the police force of the city, but such appointment shall be of no validity whatever until the same shall have been approved by said board of trustees, and the said board of trustees shall have power to remove any such policeman from office at pleasure, upon good cause shown, and, upon a charge being preferred, to suspend until the same have been passed upon finally.

      Sixteenth-To contract, upon such terms and conditions as in the judgment of the said board of trustees may be for the best interests of the citizens of said city, for an adequate supply of water for sewer, fire, or other municipal purposes; and to let, rent, sell, or dispose of the sewerage water discharged from the sewers of said city, for such periods of time and upon such terms and conditions as in the judgment of said board of trustees may be for the best interests of the citizens of said city.

periods of time and upon such terms and conditions as in the judgment of said board of trustees may be for the best interests of the citizens of said city.

      Seventeenth-To adopt and pass all ordinances, compilation of revised ordinances, codes of ordinances, resolutions, rules, and orders and to do and perform all other acts and things necessary for the execution of the powers and jurisdiction conferred by this act, and to audit and allow all claims properly payable out of the treasury of said city; provided, said board shall not have the power to audit or allow any claim whatsoever unless there be sufficient funds in the treasury to pay the same at the time of such allowance; and provided further, that it shall be the duty of the board of trustees to cause to be published, in a newspaper published in Carson City, the list of claims allowed for the preceding month, said list to state the name of the person, company, or corporation to whom allowed and the amount thereof, and to be published but for one issue and within one week after the regular monthly meeting of said board of trustees.

      Sec. 3.  Section 25 of an act entitled “An act to incorporate Carson City,” approved February 25, 1875, as amended, is hereby amended so as to read as follows:

      Section 25.  The style of all ordinances shall be: “The board of trustees of Carson City do ordain:” All ordinances, compilations or revised ordinances, and codes of ordinances, before going into effect, shall be published, either by being published in three issues on separate days in a newspaper published in Carson City, or, upon being adopted by the unanimous vote of the board of trustees and so ordered by the unanimous vote of said board, by being posted for the period of three weeks in the office of the city clerk of Carson City, with notice of said posting and title of ordinance or general title of the compilation of revised ordinances or code of ordinances, being given by being published once a week for three successive weeks in a newspaper published in Carson City. All ordinances shall be transcribed in full in the minutes of the board of trustees, and when so transcribed, and certified to therein by the city clerk as being a full, true and correct copy of the original ordinance as passed, and as having been duly published as hereinbefore provided, then said minutes may be used as prima-facie evidence of the correctness and due publication of said ordinance. Upon the expiration of the period of publication of any compilation of revised ordinances or code of ordinances, the city clerk shall certify thereon the due publication thereof, and any copy of any section of such compilation of revised ordinances or code of ordinances, duly certified to by the city clerk as a full, true and correct copy of said section, or any copy of such compilation of revised ordinances or code of ordinances, printed under the order of the board of trustees may be used as prima-facie evidence of the correctness and due publication of any such compilation of revised ordinances or code of ordinances, or of any section thereof.

Powers and duties of trustees of Carson City

Ordinances to be published or posted

Style of process

Repeal

In effect

and correct copy of said section, or any copy of such compilation of revised ordinances or code of ordinances, printed under the order of the board of trustees may be used as prima-facie evidence of the correctness and due publication of any such compilation of revised ordinances or code of ordinances, or of any section thereof. The style of all civil process shall be: “Carson City.” The style of all criminal process shall be: “The State of Nevada.”

      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.

County commissioners to name board of trustees; offices nonpartisan

[Assembly Bill No. 286–Washoe County Delegation]

Chap. 105–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 by chapter 143 Statutes of Nevada 1931, page 231.

[Approved March 22, 1937]

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 2226 N.C.L. 1929, is hereby amended to read as follows:

      Section 2.  Should a majority of all the votes cast upon the question in each county concerned be in favor of establishing such county public hospital, the board or boards of county commissioners shall immediately proceed to appoint five (5) trustees chosen from the citizens at large, with reference to their fitness for such office, all residents of the county or counties concerned, nor more than three (3) to be residents of the city, town, or village in which said hospital is to be located, who shall constitute a board of trustees for said public hospital. The said trustees shall hold their offices until the next following general election when five (5) hospital trustees shall be elected and hold their offices, three (3) for two (2) years and two (2) for four (4) years, and at subsequent general elections the offices of the trustees whose terms of office are about to expire shall be filled by the nomination and election of hospital trustees in the same manner as other county officers are elected. Said offices of hospital trustees are hereby declared to be nonpartisan, and the names of candidates for such offices shall appear alike upon the ballots of all parties at all primary elections and at all general elections.

ballots of all parties at all primary elections and at all general elections.

      Sec. 2.  Section 4 of the above-entitled act, being section 2228 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 4.  The board of hospital trustees shall make and adopt such bylaws, rules, and regulations for their own guidance and for the government of the hospital as may be deemed expedient for the economic and equitable conduct thereof, not inconsistent with this act or the ordinances of the city or town wherein such hospital is located. They shall have the exclusive control of the expenditures of all moneys collected to the credit of the hospital fund, and of the purchase of the site or sites, the purchase or construction of any hospital building or buildings, and of the supervision, care and custody of the grounds, rooms or buildings purchased, constructed, leased or set apart for that purpose; provided, that all moneys received for such hospital shall be deposited in the treasury of the county in which such hospital is situated to the credit of the hospital fund, and paid out only upon warrants drawn by the board of hospital trustees of said county or counties upon properly authenticated vouchers of the hospital board, after approval of the same by the county auditor. Said board of hospital trustees shall have power to appoint a suitable superintendent or matron, or both, and necessary assistants, and to fix their compensations, and shall also have power to remove such appointees; and shall in general carry out the spirit and intent of this act in establishing and maintaining a county public hospital. The board of hospital trustees shall hold meetings at least once each month, shall keep a complete record of all its transactions, and three (3) members of said board shall constitute a quorum for the transaction of business. One of said trustees shall visit and examine said hospital twice each month and the board shall, during the first week in January of each year, file with the board of county commissioners of said county a report of their proceedings with reference to such hospital; and shall file with said board of county commissioners during the first week in January in each year a budget as required of all governmental agencies of this state by an act entitled “An act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies,” approved March 22, 1917, as amended, and in the fiscal management of the affairs of said public hospital and all other institutions under the supervision, government and control of the board of hospital trustees shall be governed by the provisions of said act as amended. No trustee shall have personal pecuniary interest, either directly or indirectly, in the purchase of any supplies for said hospital, unless the same are purchased by competitive bidding.

Powers and duties of trustees

Powers and duties of trustees

Bond election, when

Repeal

In effect

purchase of any supplies for said hospital, unless the same are purchased by competitive bidding.

      The board of hospital trustees shall have power by proper legal action to collect all claims due, owing and unpaid to said public hospital from any person dealing with the same and they are hereby authorized to pay from the hospital fund herein provided for all fees and expenses necessarily incurred by said board of hospital trustees in connection with the collection of said claims.

      Sec. 3.  Section 16 of the above-entitled act, being section 2240 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 16.  In all counties where existing hospitals are taken over by a board of trustees, as provided by this act, additional necessary buildings and sites may be acquired only by holding an election and voting a bond issue according to the terms of section 1 and section 2 of this act, the same as if no hospital now existed.

      Sec. 4.  All acts and parts of acts in conflict herewith are hereby repealed.

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

Act repealed

[Assembly Bill No. 313–Committee on State Institutions]

Chap. 106–An Act to repeal an act entitled “An act providing for the sanitation of food-producing establishments, places where food is stored, prepared, kept or manufactured and in which food is distributed; regulating the health of persons by whom the materials from which food is prepared or the finished product is handled; providing for the inspection of such places, persons and things; requiring certificates of health for employees therein, defining the duties of certain persons in relation hereto, providing penalties for the violations hereof, and other matters properly relating thereto,” approved March 30, 1935.

[Approved March 22, 1937]

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

Assembly, do enact as follows:

      Section 1.  That certain act of the legislature of the State of Nevada “An act to amend an act entitled ‘An act providing for the sanitation of food-producing establishments, places where food is stored, prepared, kept or manufactured and in which food is distributed; regulating the health of persons by whom the materials from which food is prepared or the finished product is handled; providing for the inspection of such places, persons and things; requiring certificates of health for employees therein, defining the duties of certain persons in relation hereto, providing penalties for the violations hereof, and other matters properly relating thereto,’ approved March 30, 1935,” is hereby repealed.

for the inspection of such places, persons and things; requiring certificates of health for employees therein, defining the duties of certain persons in relation hereto, providing penalties for the violations hereof, and other matters properly relating thereto,’ approved March 30, 1935,” is hereby repealed.

[Assembly Bill No. 329–Mr. Tandy]

Chap. 107–An Act requiring persons taking wild animals by means of traps, snares and other devices to remove animals taken therein at least once in each week; providing penalties for the violation hereof, and other matters relating thereto.

[Approved March 22, 1937]

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

Assembly, do enact as follows:

      Section 1.  Every person taking or causing to be taken wild animals by means of traps, snares, or any other device used in the trapping or taking of wild animals that do not, or are not designed, to cause immediate death to such animals, shall, when any such traps, snares or devices are placed or set for the purpose of taking such animals, visit or cause to be visited at least once each week, each and every such trap, snare or other device during all of the time any such trap, snare or device is placed, set or used in the taking of wild animals, and remove therefrom any and all animals caught therein.

      Sec. 2.  Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than three hundred ($300) dollars, or by imprisonment of not more than ninety (90) days in the county jail, or by both such fine and imprisonment.

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

Traps and snares to be visited weekly

Penalties for violation of act

In effect

[Assembly Bill No. 17–Mr. O’Meara]

Chap. 108–An Act for the relief of Judge J. Emmett Walsh.

[Approved March 22, 1937]

      Whereas, Judge J. Emmett Walsh, one of the district judges of the State of Nevada, in pursuance of the requirements of law was required to incur expenses for traveling and subsistence from Goldfield to Tonopah, Hawthorne and Reno, Nevada, in the discharge of his official duties; and

      Whereas, His expenses in connection therewith, including mileage and subsistence, was in the sum of thirty-nine dollars and forty cents ($39.40); and

Relief of J. Emmett Walsh

Relief of J. Emmett Walsh

Appropriation, $78.74

In effect

mileage and subsistence, was in the sum of thirty-nine dollars and forty cents ($39.40); and

      Whereas, There is a balance due to the said Judge J. Emmett Walsh from controller’s bill No. 46945, for which said Judge J. Emmett Walsh had expended the sum of thirty-nine dollars and forty cents ($39.40), in the performance of his official duties; and

      Whereas, Said claims aggregate the sum of seventy-eight dollars and seventy-four cents ($78.74), and that said claims are just claims against the State of Nevada, and that there is not now available in the proper fund for the payment of said claim; and

      Whereas, The said Judge J. Emmett Walsh is now deceased, and the said sum is payable to his said estate; and

      Whereas, The said claim has been duly presented to the state board of examiners and disallowed by that board because there were no funds available in the proper fund for the payment thereof; now, therefore

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

Assembly, do enact as follows:

      Section 1.  The sum of seventy-eight dollars and seventy-four cents ($78.74) is hereby set aside out of the money allocated by said state board of examiners for the use of the judge of the Fifth judicial district court of the State of Nevada for his traveling expenses out of the thirteen thousand dollars ($13,000) appropriated in section 49 of the general appropriation law of 1935 for the present biennium (1935 Nevada Statutes, page 411) to pay “for traveling expenses of the district court judges to be apportioned by the board of examiners,” for the purpose of paying said claim in the sum of seventy-eight dollars and seventy-four cents ($78.74); and said state controller is hereby directed to draw his warrant in favor of the estate of J. Emmet Walsh, deceased, for that sum; and the state treasurer is hereby directed to pay the same.

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

[Senate Bill No. 159–Senator Keenan]

Chap. 109–An Act authorizing unincorporated towns to acquire, construct, reconstruct, improve, better and extend certain revenue-producing undertakings; to maintain and operate the same and to prescribe, revise and collect rates, fees, tolls and charges for the services, facilities and commodities furnished thereby, and in anticipation of the collection of the revenues thereof to issue bonds payable solely from such revenues; regulating the issuance of such bonds; providing for the submission thereof to the electors of said town, and providing for their payment and for the rights of the holders thereof, and other matters necessary in the premises.

[Approved March 22, 1937]

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

Assembly, do enact as follows:

      Section 1.  That this act may be cited as the “Revenue Bond Law of Unincorporated Towns.”

      Sec. 2.  Definitions.  That wherever in this act, unless a different meaning clearly appears from the context:

      (a) The term “undertaking” shall include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed: Systems, plants, works, instrumentalities, and properties (1) used or useful in connection with the obtaining of a water supply and the conservation, treatment, and disposal of water for public and private uses; (2) used or useful in connection with the collection, treatment and disposal of sewage, waste, and storm water, together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, sewage disposal plants, intercepting sewers, trunk, connection, and other sewer and water mains, filtration works, pumping stations, and equipment;

      (b) The term “municipality” shall mean any unincorporated town;

      (c) The term “governing body” shall mean the board or other local legislative body authorized to borrow money on behalf of a municipality.

      Sec. 3.  In addition to the powers which it may now have, any municipality shall have power under this act:

      (a) To acquire by gift, purchase, or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any undertaking, wholly within or wholly without the municipality, or partially within and partially without the municipality, and to acquire by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands and water rights in connection therewith;

Short title

Definitions

Powers of municipality

Powers of municipality

Bond issue authorized

Proviso

by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands and water rights in connection therewith;

      (b) To operate and maintain any undertaking for its own use and for the use of public and private consumers, and users within and without the territorial boundaries of the municipality;

      (c) To prescribe, revise and collect rates, fees, tolls or charges for the services, facilities or commodities furnished by such undertaking, and in anticipation of the collection of the revenues of such undertaking, to issue revenue bonds to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of any undertaking;

      (d) To pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking (including the revenues of improvements, betterments or extension thereto thereafter constructed or acquired, as well as the revenues of existing systems, plants, works, instrumentalities, and properties of the undertaking so improved, bettered, or extended) or of any part of such undertaking; and

      (e) To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers herein granted or in the performance of its covenants or duties or in order to secure the payment of its bonds; provided, no encumbrance, mortgage or other pledge of property of the municipality is created thereby; and provided, no property of the municipality is liable to be forfeited or taken in payment of said bonds; and provided, no debt on the credit of the municipality is thereby incurred in any manner for any purpose.

      Sec. 4.  The acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking and the issuance in anticipation of the collection of the revenues of such undertaking of bonds to provide funds to pay the cost thereof may be authorized under this act by ordinance or resolution of the governing body, which may be adopted at a regular meeting by a vote of a majority of the members elected to the governing body; provided, however, that before such ordinance or resolution shall become effective or any bonds issued thereunder may be in any respect a valid obligation of the municipality or undertaking, the proposal for such bond issue or loan shall be submitted to, and carried by a majority vote of, the property owners and electors of the municipality at a general or special election called for that purpose in the manner prescribed by the provisions of an act entitled “An act relating to bond elections, providing for the manner of holding the same, defining the duties of certain persons in relation thereto, and other matters properly relating thereto,” approved March 16, 1937, and being chapter ....

duties of certain persons in relation thereto, and other matters properly relating thereto,” approved March 16, 1937, and being chapter .... of the Nevada session laws of 1937. The governing body, in determining such cost, may include all cost and estimated cost of the issuance of such bonds, all engineering, inspection, fiscal and legal expenses, and interest which it is estimated will accrue during the construction period, and for six months thereafter, on money borrowed or which it is estimated will be borrowed pursuant to this act.

      Sec. 5.  Revenue bonds issued under this act shall bear interest at such rate or rates not exceeding five per centum (5%) per annum, payable semiannually, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding twenty years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as the ordinance or resolution authorizing the issuance of such bonds or subsequent ordinances or resolutions may provide. Said bonds shall be sold at not less than par. Said bonds may be sold at private sale to the United States of America or any agency, instrumentality, or corporation thereof. Unless sold to the United States of America or any agency, instrumentality, or corporation thereof, said bonds shall be sold at public sale after notice of such sale published once at least five days prior to such sale in a newspaper circulating in the municipality, and in a financial newspaper published in Chicago, Illinois, or San Francisco, California. Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the governing body may determine may be issued to the purchaser or purchasers of bonds sold pursuant to this act. Said bonds and interim receipts or certificates shall be fully negotiable for all the purposes.

      Sec. 6.  Said bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all the persons whose signatures appear thereon shall have ceased to be officers of the municipality issuing the same. The validity of said bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the undertaking for which said bonds are issued. The ordinance or resolution authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

Bonds to bear five percent interest

Validity of bonds guaranteed

Ordinance or resolution may contain covenants

that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

      Sec. 7.  Any ordinance or resolution authorizing the issuance of bonds under this act, to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of an undertaking, may contain covenants (notwithstanding that such covenants may limit the exercise of powers conferred by this act) as to:

      (a) The rates, fees, tolls, or charges to be charged for the services, facilities and commodities of said undertaking;

      (b) The use and disposition of the revenue of said undertaking;

      (c) The creation and maintenance of reserves or sinking funds and the regulation, use, and disposition thereof;

      (d) The purpose or purposes to which the proceeds of the sale of said bonds may be applied and the use and disposition of such proceeds;

      (e) Events of default and the rights and liabilities arising thereupon, and the terms and conditions upon which the holders of bonds issued under this act may bring any suit or action on said bonds or on the coupons thereof;

      (f) A fair and reasonable payment by the municipality to the account of said undertaking for the services, facilities or commodities furnished said municipality or any of its departments by said undertaking;

      (g) The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of such undertaking;

      (h) The insurance to be carried thereon and the use and disposition of insurance moneys;

      (i) Books of account and the inspection and audit thereof;

      (j) The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;

      (k) The rights, liabilities, powers and duties arising upon the breach by it of any covenants, conditions or obligations;

      (l) The vesting in a trustee or trustees the right to enforce any covenants made to secure, to pay, or in relation to the bonds, as to the powers and duties of such trustee or trustees, and the limitation of liabilities thereof, and as to the terms and conditions upon which the holders of the bonds or any proportion or percentage of them may enforce any covenants made under this act or duties imposed hereby;

      (m) A procedure by which the terms of any resolution authorizing bonds, or any other contract with bondholders, including, but not limited to, an indenture of trust of similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given;

amount of bonds the holders of which must consent thereto and the manner in which such consent may be given;

      (n) The manner of collecting the rates, fees, tolls, or charges for the services, facilities, or commodities of the undertaking, and the combining in one bill of the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking with the rates, fees, tolls, or charges for other services, facilities, or commodities afforded by the municipality; and the discontinuance of the services, facilities, or commodities of the undertaking, as well as any other services, facilities or commodities afforded by the municipality, in the event that the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking are not paid. Nothing in this section or in any other section of this act shall be deemed in any way to authorize any municipality to do anything in any manner or for any purpose which would result in the creation or incurring of a debt or indebtedness or the issuance of any instrument which would constitute a bond or debt within the meaning of any provision, limitation, or restriction of the constitution relating to the creating or incurring of a debt or indebtedness or the issuance of an instrument constituting a bond or a debt.

      Sec. 8.  Revenue bonds issued under this act shall not be payable from or charged upon any funds, other than the revenue pledged to the payment thereof, nor shall the municipality issuing the same be subject to any pecuniary liability thereon. No holder or holders of any such bonds shall ever have the right to compel any exercise of the taxing power of the municipality to pay any such bonds or the interest thereon, nor to enforce payment thereof against any property of the municipality, nor shall any such bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the municipality. Each bond issued under this act shall recite in substance that said bond, including interest thereon, is payable solely from the revenue pledged to the payment thereof, and that said bond does not constitute a debt of the municipality within the meaning of any constitutional, statutory, or charter limitation.

      Sec. 9.  In the event that the municipality shall default in the payment of the principal or interest or any of the bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the municipality or the governing body or officers, agents or employees thereof shall fail or refuse to comply with the provisions of this act or shall default in any agreement made with the holders of the bonds, any holders of bonds, or trustee therefor, shall have the right to apply in an appropriate judicial proceeding to a state court of competent jurisdiction, or any other court of competent jurisdiction, for the appointment of a receiver of the undertaking, whether or not all bonds have been declared due and payable, and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right, or exercise any remedy in connection with such bonds.

Ordinance or resolution may contain covenants

Bond issue not debt of municipality

Procedure in case of default in payment of principal or interest

Receiver of undertaking may be appointed

Undertaking to be returned to municipality on payment of obligations

other court of competent jurisdiction, for the appointment of a receiver of the undertaking, whether or not all bonds have been declared due and payable, and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right, or exercise any remedy in connection with such bonds.

      Upon such application such state court may appoint, and if the application is made by the holders of twenty-five per centum (25%) in principal amount of such bonds then outstanding, or any trustee for holders of such bonds in such principal amount, shall appoint a receiver of the undertaking. The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of the undertaking and each and every part thereof, and may exclude the municipality, its governing body, officers, agents, and employees and all persons claiming under them wholly therefrom, and shall have, hold, use, operate, manage, and control the same and each and every part thereof, and in the name of the municipality or otherwise, as the receiver may deem best, and shall exercise all the rights and powers of the municipality with respect to the undertaking as the municipality itself might do. Such receiver shall maintain, restore, insure, and keep insured, the undertaking, and from time to time shall make all such necessary or proper repairs as to such receiver may seem expedient, and shall establish, levy, maintain and collect such fees, tolls, rentals, and other charges in connection with the undertaking as such receiver may deem necessary or proper and reasonable, and shall collect and receive all revenues and shall deposit the same in a separate account, and apply such revenues so collected and received in such manner as the court shall direct.

      Whenever all that is due upon the bonds, and interest thereon, and upon any other notes, bonds or other obligations, and interest thereon, having a charge, lien, or encumbrance on the revenues of the undertaking and under any of the terms of any covenants or agreements with bond holders shall have been paid or deposited as provided therein, and all defaults shall have been cured and made good, the court may in its discretion, and after such notice and hearing as it deems reasonable and proper, direct the receiver to surrender possession of the undertaking to the municipality, the same right of the holders of the bonds to secure the appointment of a receiver to exist upon any subsequent default as hereinabove provided. Such receiver shall, in the performance of the powers hereinabove conferred upon him, act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed thereby.

Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth herein.

      Sec. 10.  Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee therefor, shall have the right and power for the equal benefit and protection of all holders of bonds similarly situated:

      (a) By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the municipality and its governing body, and any of its officers, agents, or employees, and to require and compel such municipality or such governing body, or any such officers, agents, and employees to perform and carry out its and their duties and obligations under this act, and its and their covenants and agreements with bondholders;

      (b) By action or suit in equity to require the municipality and the governing body thereof to account as if they were the trustee of an express trust;

      (c) By action or suit in equity to enjoin any acts or things which may be the unlawful or in violation of the rights of the bondholders;

      (d) Bring suit upon the bonds.

      No right or remedy conferred by this act upon any holder of bonds, or any trustee therefor, is intended to be exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this act or by any other law.

      Sec. 11.  The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by any other general or special law or charter. The undertaking may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended notwithstanding that any special or general law or local charter may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extension of a like undertaking and without regard to the requirement, restrictions, debt, or other limitations or other provisions contained in any other general or special law or charter, including, but not limited to, any restriction or limitation on the incurring of indebtedness or the issuance of bonds. Insofar as the provisions of this act are inconsistent with the provisions of any other general special law or charter the provisions of this act shall be controlling, except as otherwise herein provided.

Powers of bond holders

Right or remedy conferred by act not exclusive

Powers conferred by act controlling

Severability clause

In effect

provisions of any other general special law or charter the provisions of this act shall be controlling, except as otherwise herein provided.

      Sec. 12.  If any provision of this act or the application of such provision to any person, body, undertaking or circumstance shall be held invalid, the remainder of this act and application of such provision to persons, bodies, undertakings, or circumstances, other than those as to which it shall have been held invalid, shall not be affected thereby.

      Sec. 13.  This act shall be deemed to be an emergency measure in the interest of public health and safety, and the same shall take effect immediately upon its passage and approval.

Preamble

Short title

[Senate Bill No. 98–Senator Sawyer]

Chap. 110–An Act authorizing the public service commission to cooperate with certain designated federal commissions and agencies, creating a revolving fund for the expenses thereof, and other matters properly related thereto.

[Approved March 22, 1937]

      Whereas, Provision is made by and under the federal motor carrier act, the federal communications commission act, the federal power act, and the interstate commerce commission act, so-called, for the payment of a per diem amount to cover and as a refund of the traveling, living and incidental expenses of the members of the public service commission of this state when they are traveling away from their homes to attend meetings and conferences held pursuant to said federal acts in cooperation with the federal government and the various boards, commissions and agencies thereof under said acts, upon claims filed by such members of said Nevada public service commission and allowed by the federal government as required by federal law for such expenses after they have been incurred and paid by such members, but not in advance, and no provision is made in the laws of this state for advancing such expenses to such members out of state moneys prior to incurring and paying such expenses and pending such refund thereof by the federal government; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  This act shall be known as the “Public Service Commission Revolving Fund Act.”

      Sec. 2.  The public service commission of this state and the members thereof are hereby authorized to cooperate with the federal government and the various boards, commissions, and agencies thereof under the said federal motor carrier act, the federal communications commission act, the federal power act, and the interstate commerce commission act, so-called, which federal acts provide for certain participation of such state commissions or the members thereof in cooperative procedure as provided for therein and in this act.

the federal government and the various boards, commissions, and agencies thereof under the said federal motor carrier act, the federal communications commission act, the federal power act, and the interstate commerce commission act, so-called, which federal acts provide for certain participation of such state commissions or the members thereof in cooperative procedure as provided for therein and in this act.

      Sec. 3.  For the purpose of advancing the traveling, living and incidental expenses of the said state commission or the members thereof, when cooperating with the federal government under said acts, there is hereby appropriated from any moneys now in the general funds of this state, not otherwise appropriated, the sum of one thousand ($1,000) dollars, which shall constitute the said public service commission revolving fund, for which sum of one thousand ($1,000) dollars the state controller shall immediately draw his warrant in favor of Nevada public service commission and the state treasurer shall pay the same. Said public service commission shall immediately deposit the whole of said sum of money in a bank in this state authorized to act as a depository of state funds in an account in the name of said Nevada public service commission to be known and designated as “Public Service Commission Revolving Fund,” and to secure said deposit by a bond or bonds or other security designated by law as proper security for deposits in such banks of other state funds and satisfactory to the state treasurer, and payable only upon checks of said Nevada public service commission signed by the secretary and one member thereof or by any two members of said public service commission for use for the purposes provided for in this act.

      Sec. 4.  Said Nevada public service commission is authorized to withdraw moneys from said deposit and fund in the manner and for the purposes hereinbefore specified, and in no other manner and for no other purpose, that is to say, for the purpose of obtaining in advance the money necessary to defray the estimated traveling, living and incidental expenses of attending any such meeting or conference, which estimate shall be determined by said commission and entered of record in its minutes or by written resolution signed by at least two members of said commission prior to the beginning of any such trip.

      Sec. 5.  Upon the return of any member of said state commission from any such meeting or conference, he shall immediately prepare and present his voucher or claim to the federal government or the proper board, commission or agency thereof, in the manner required by federal law, for a refund of the amount of his lawful traveling, living and incidental expenses of said trip as provided by federal law.

Public service commission to cooperate with federal agencies

Revolving fund created

Fund to be used for certain purposes

Vouchers for expenses to be filed with proper agency

Repeal

In effect

incidental expenses of said trip as provided by federal law. Upon receipt by him of the moneys allowed and paid to or for him on any such voucher or claim, he shall immediately deposit in said account and bank the full amount of the moneys so theretofore withdrawn by or for him therefrom for said purposes, so that such redeposits shall always equal the amounts of such withdrawals and so as to keep the total amount of said revolving fund so on deposit in any such account and bank equal to said sum of one thousand ($1,000) dollars, the original amount of such fund, after each such refund and redeposit.

      Sec. 6.  All acts and parts of acts in conflict herewith are hereby repealed.

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

Prison commissioners authorized to purchase lot of land

[Assembly Bill No. 265–Mr. Townshend]

Chap. 111–An Act authorizing the board of state prison commissioners to purchase a certain lot of land in Ormsby County, Nevada, with the water thereon, adjacent to the state prison farm, making an appropriation therefor, and other matters properly connected therewith.

[Approved March 22, 1937]

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

Assembly, do enact as follows:

      Section 1.  The board of state prison commissioners of the State of Nevada is hereby authorized, empowered, and directed to purchase for the State of Nevada, to be used in connection with the state prison farm, in Ormsby County, Nevada, all that certain lot, piece, or parcel of land beginning at a point S. 2° 10′ E. 2543.75′ from the S. E. corner of the NE 1/4 of the NE 1/4 of sec. 5, T. 14 N., R. 20 E., M. D. B. & M., thence east 50′ to a point, thence south 50.00′ to a point, thence W. 50.00′ to a point, thence N. 50.00′ to the point of beginning; said lot, piece, or parcel of land containing 0.06 acres, more or less; and said right of way for said pipe line and the land covered thereby being an easement five (5) feet wide on each side of the center line of said pipe line, making the total width thereof ten (10) feet from said above-described land on which said spring is situated over the land of the present owner thereof to the point where said water is to be taken and used by said Nevada state prison along the line designated and agreed upon by the said present owner and the warden of said state prison.

      Sec. 2.  There is hereby appropriated out of any funds in the state treasury, not otherwise specially appropriated, the sum of one hundred ($100) dollars for the purposes expressed in section 1 of this act, and the state controller of the State of Nevada is hereby directed, upon order from the board of state prison commissioners to draw his warrant on the treasurer for such sums as the said board may authorize, within the provisions of this act, and the state treasurer is hereby directed to pay the same out of the funds provided by the provisions of this act.

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

Appropriation, $100

In effect

[Assembly Bill No. 266–Mr. Townshend]

Chap. 112–An Act authorizing the board of state prison commissioners to purchase and install metal bars, where necessary, in the cells at the state prison, making an appropriation therefor, and other matters properly connected therewith.

[Approved March 22, 1937]

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

Assembly, do enact as follows:

      Section 1.  The board of state prison commissioners of the State of Nevada is hereby authorized, empowered, and directed to purchase and have installed, under the direction and supervision of the warden of the Nevada state prison, metal bars, of a more appropriate quality than those now in place, for the better protection and supervision of the said state prison.

      Sec. 2.  There is hereby appropriated out of any funds in the state treasury, not otherwise specially appropriated, the sum of one thousand ($1,000) dollars for the purposes expressed in section 1 of this act, and the state controller of the State of Nevada is hereby directed, upon order from the board of state prison commissioners, to draw his warrant on the treasurer for such sums as the said board may authorize, within the provision of this act, and the state treasure is hereby directed to pay the same out of the funds provided by the provisions of this act.

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

Prison commissioners to install metal bars at prison

Appropriation, $1,000

In effect

Grand and trial jurors

Per diem in advance, when

Civil cases in justice courts

Criminal cases

County liable for jury fees, when

Coroners’ juries

[Assembly Bill No. 61–Committee on Judiciary]

Chap. 113–An Act to amend section 2 of an act entitled “An act to fix the fees and mileage of witnesses and jurors, providing the manner of payment thereof, and to repeal all acts and parts of acts in conflict herewith,” approved March 26, 1919.

[Approved March 22, 1937]

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 8491 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  Each person summoned to attend as a grand or trial juror, unless on or before the day he is summoned to attend he be excused by the court at his own request from serving, shall receive (except as hereinafter provided) four dollars per day for each day he may be in attendance, which shall include Sundays and holidays, and fifteen cents a mile for each mile necessarily and actually traveled by the shortest and most practical route, one way only; provided, however, that where the mileage does not exceed one mile no allowance shall be made therefor.

      In civil cases, the per diem of each juror engaged in the trial of the cause shall be paid each day in advance to the clerk of the court, or the justice of the peace, by the party who shall have demanded the jury. In case the party paying such fees shall be the prevailing party, the fees so paid shall be recoverable as costs from the losing party. If the jury from any cause be discharged in a civil action without finding a verdict and the party who demands the jury shall afterwards obtain judgment, the fees so paid shall be recoverable as costs from the losing party.

      Jurors actually sworn and serving in civil cases or proceedings in justice courts shall receive two dollars per day as full compensation for each day of said service.

      Trial jurors in criminal cases in justice courts shall receive three dollars per day each as full compensation for each day’s service, but no mileage shall be allowed for any distance traveled less than one mile.

      The fees paid jurors by the county clerks for services in a civil action or proceeding (which he has received from the party demanding the jury) shall be deducted from the total amount due them for attendance as such jurors, and any balance shall be a charge against the county.

      Coroners’ juries (with not more than three persons upon the jury) shall be entitled to receive for each day’s service two dollars, to be certified to the county clerk by the coroner, and audited, allowed and paid as are other claims against the county; provided, however, that when it is necessary for a coroner’s jury to travel a greater distance than one mile to view the remains, or to the place where the inquisition is held, the necessary and actual expenses incurred by the said coroner for the transportation of the jury shall be allowed, audited and paid as are other claims against the county, after having been duly certified to by the said coroner.

the county; provided, however, that when it is necessary for a coroner’s jury to travel a greater distance than one mile to view the remains, or to the place where the inquisition is held, the necessary and actual expenses incurred by the said coroner for the transportation of the jury shall be allowed, audited and paid as are other claims against the county, after having been duly certified to by the said coroner.

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

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

Repeal

In effect

[Senate Bill No. 127–Senator Foy]

Chap. 114–An Act authorizing the superintendent of police of the Nevada state police to execute in the name of the State of Nevada an application to the federal communications commission of the United States of America for a radio station construction permit to construct in the city of Reno a police radio transmitter of one kilowatt power to broadcast to mobile police units of the State of Nevada.

[Approved March 22, 1937]

      Whereas, It is the desire of the city of Reno, a municipal corporation, to construct in said city a police radio transmitter of one kilowatt power to broadcast to mobile police units of the State of Nevada; and

      Whereas, The said city of Reno has duly appropriated the sum of three thousand five hundred ($3,500) dollars to pay all expenses connected with the construction of said police radio transmitter, and shall pay all expenses of the construction and maintenance thereof, and shall save and keep the State of Nevada and said Nevada state police and the said superintendent thereof free and clear of any and all liability and obligations on account of such construction and maintenance, or either of them; and

      Whereas, Said police radio transmitter will benefit all the counties in the State of Nevada and the State of Nevada; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The superintendent of police of the Nevada state police is hereby empowered and authorized to execute in the name of the State of Nevada an application to the federal communications commission of the United States of America for a radio station construction permit to construct in the city of Reno a police radio transmitter of one kilowatt power to broadcast to mobile police units of the State of Nevada; and for that purpose the said superintendent of police is hereby expressly empowered and authorized to execute federal communications commission form number 401, and the annual license form; provided, always, said application is so worded as to not bind or obligate expressly or by implication or otherwise or at all the State of Nevada or the Nevada state police or the superintendent thereof to pay anything at all for either the construction or maintenance of said radio station, and they are protected and saved, free and clear, from any and all liability and obligation to pay any of the same.

Police radio transmitter authorized

Appropriation by city of Reno, $3,500

Superintendent Nevada state police to make application for permit to federal government

State not obligated

In effect

power to broadcast to mobile police units of the State of Nevada; and for that purpose the said superintendent of police is hereby expressly empowered and authorized to execute federal communications commission form number 401, and the annual license form; provided, always, said application is so worded as to not bind or obligate expressly or by implication or otherwise or at all the State of Nevada or the Nevada state police or the superintendent thereof to pay anything at all for either the construction or maintenance of said radio station, and they are protected and saved, free and clear, from any and all liability and obligation to pay any of the same.

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

Additional powers granted county commissioners

In effect

[Senate Bill No. 85–Senator Getchell]

Chap. 115–An Act to amend an act entitled “An act providing for the government of the towns and cities of this state,” approved February 26, 1881, the same being sections 1231-1247 Nevada Compiled Laws 1929, by adding thereto a new section to be known as section 1a.

[Approved March 23, 1937]

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 1231 N. C. L. 1929, is hereby amended by adding a new section to be known as section 1a, to read as follows:

      Section 1a.  In addition to the powers and jurisdiction conferred upon the boards of county commissioners by section 1 of this act, such boards shall have the power to regulate traffic upon the streets and alleys of towns or cities governed by such boards pursuant to this act, and to regulate the speed, parking, stopping, turning and operation of all motor vehicles and other vehicles using said streets and alleys, and to pass and adopt all ordinances, rules and regulations, and do and perform all acts and things necessary for the execution of the powers and jurisdiction by this act conferred.

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

[Senate Bill No. 141–Senator Foy]

Chap. 116–An Act to amend an act entitled “An act providing for the creation of a state barbers’ health and sanitation board, defining the powers and duties of said board, defining certain terms, prescribing the terms upon which licenses or certificates of registration, health and sanitation may be issued to practitioners of barbering, creating county boards and declaring their powers and duties, prescribing penalties for the violation hereof, repealing all acts and parts of acts inconsistent herewith, and other matters relating thereto,” approved March 26, 1929, as amended by Statutes 1931, pages 26 and 349.

[Approved March 23, 1937]

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 762 N. C. L. 1929, as amended and approved in chapter 207 Statutes of 1931, is amended so as to read as follows:

      Section 1.  From and after the passage and approval of this act it shall be unlawful for any person in this state to engage in the practice or attempt to practice barbering without a certificate of registration, health, and sanitation issued pursuant to the provisions of this act by the board of barber health and sanitation, as hereinafter provided.

      It shall be unlawful for any owner or manager of any barber shop to employ a barber who has not such a certificate or whose shop does to meet with the sanitary requirements of the board.

      It shall be unlawful for any person to engage in the practice of barbering without a certificate of registration as a registered barber issued pursuant to the provisions of this act by the board of barber examiners hereinafter established.

      It shall be unlawful for any person, firm, or corporation to serve as an apprentice under a registered barber without a certificate of registration as a registered apprentice issued by said board.

      It shall be unlawful for any person, firm or corporation to operate a barber shop unless such shop shall at all times be under the direct supervision and management of a registered barber.

      It shall be unlawful for any person, firm, or corporation to hire or employ any person to engage in the practice of barbering as hereinafter defined, unless such person then hold a valid, unexpired, and unrevoked certificate of registration to practice barbering or a certificate of registration as a registered apprentice, issued under the provisions of this act.

      Sec. 2.  Section 2 of the above-entitled act, being section 761 N. C. L. 1929, is hereby amended to read as follows:

Requirements to practice barbering

Barbering defined

Repeal

Act not to apply, when

In effect

      Section 2.  The practice of barbering is hereby defined to be any of, or any combination of, or all the following practices for cosmetic purposes: Shaving or trimming the beard, or cutting or trimming the hair, give facial or scalp massages or treatments with oils, creams, lotions or other preparations, either by hand or mechanical appliances; singeing, shampooing or dyeing the hair, or applying hair tonics; applying cosmetic preparations, antiseptics, powders, oils, or lotions to the scalp, face or neck, and every person engaged in any of the practices designated in this section is hereby defined a practitioner of barbering. This act shall not apply to beauty parlors and beauty operators; nor shall this act apply to embalmers or undertakers in cutting the hair or trimming the beard of any deceased person in preparation for burial or cremation.

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

      Sec. 3 1/2.  None of the provisions of this act shall apply to any person employed on a railroad train engaged in interstate commerce.

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

Judge disqualified, when

[Assembly Bill No. 66–Mr. Tapscott]

Chap. 117–An Act to amend an act entitled “An act concerning the courts of justice of this state, and judicial officers,” approved January 26, 1865, together with the acts amendatory thereof and supplemental thereto.

[Approved March 23, 1937]

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

Assembly, do enact as follows:

      Section 1.  Section 45 of the above-entitled act, being section 8407 N. C. L. 1929, as amended March 25, 1931, chapter 153 Statutes of Nevada, is hereby amended to read as follows:

      Section 45.  A judge shall not act as such in an action or proceeding: First, when he is a party to, or interested in the action or proceeding; second, when he is related to either of the parties, plaintiff or defendant, by consanguinity or affinity within the third degree; third, when he has been attorney or counsellor for either of the parties in the (particular) action or proceeding to be tried; fourth, when he is related to an attorney or counsellor for either of the parties to the action or proceeding by consanguinity or affinity within the fourth degree; fifth, if any of the parties to a civil action or proceeding to be tried in any district court of this state,

civil action or proceeding to be tried in any district court of this state, or his or its attorney or agent, shall make and file a request for a change of judge in the hearing and trial of such civil action or proceeding, such district judge shall at once transfer the action or proceeding to some other department of the court, if there by more than one department of said court in such district, or in the event there is only one department of the district court in such district, such district judge shall call in a district judge from some other district of this state to preside at the hearing and trial of said civil action or proceeding and to hear all further proceedings to be had therein; provided, that in the event any party shall make and file such request, the same must be filed with the clerk of such district court before the hearing of any contested matter in said action or proceeding has commenced, and/or in the event that no contested matter has been heard in said action or proceeding prior to the trial thereof, then in that event said request must be made and filed at least five days prior to the date set for the trial of said action or proceeding; provided, however, that this section shall not apply to the arrangement of the court calendar or the regulation of the order of the business of the court; and provided further, that the fourth subdivision of section 1 of this act shall not apply to the presentation of ex parte or uncontested matters except in fixing fees for attorneys related within the fourth degree of consanguinity or affinity as therein specified.

      Sec. 2.  Section 45b of the above-entitled act, as amended March 25, 1931, chapter 153 Statutes of Nevada, is hereby amended to read as follows:

      Section 45b.  Not more than one change of judge shall be granted in any civil action, whether such change be made upon request made or filed or upon a judge’s own motion, but each party to the action shall be given an opportunity to urge any objection he may have to the judge to whom such action is to be assigned at the time such assignment is made, and the judge assigning such action shall pass upon any objection so made. If the parties in open court or by written stipulation filed in the action agree upon the judge to whom the action is to be assigned then such judge shall be selected, otherwise the judge of the court where such action has been commenced shall select the judge.

      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 upon its passage and approval.

Judge disqualified, when

Exception

But one change of judge allowed in any action

Repeal

In effect

Supreme and district court judges to be pensioned

Procedure to secure pension

Duties of controller and treasurer

Faith of state pledged

In effect

[Senate Bill No. 139–Senator Ryan]

Chap. 118–An Act concerning the resignation of justices of the supreme court and judges of the district courts within the State of Nevada, and providing for a pension for the same, and the manner of payment thereof.

[Approved March 23, 1937]

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

Assembly, do enact as follows:

      Section 1.  Any justice of the supreme court or any judge of the district court within the State of Nevada who has served as a justice or judge in any one or more of said courts for a period or periods aggregating twenty (20) years, when he or she reaches the age of seventy (70) years, and shall by resignation have ended such service, shall after such service of twenty years, and after reaching the age of seventy (70) years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his or her life, so long as he or she remains a resident of Nevada, a sum of money equal in amount to two-thirds (2/3) the sum received as salary for his or her judicial services during the last year thereof, payable in monthly installments, out of any fund in the state treasury not otherwise appropriated.

      Sec. 2.  Any such judge or justice who desires to resign pursuant to the terms hereof shall do so by notice in writing to the governor of this state, and shall forthwith file with the state controller and the state treasurer of the state an affidavit setting forth the fact of his or her resignation, the date and place of his or her birth, and the years he or she has served in either or both of the courts above mentioned, and thereafter shall file with the state controller of Nevada, prior to receiving his or her monthly warrant, an affidavit stating that he or she is a resident of this state.

      Sec. 3.  Upon resigning as above provided and the filing of the affidavits mentioned, by any person entitled so to do pursuant hereto, the state controller of the State of Nevada shall draw his warrant, payable to the individual who has thus resigned, upon the state treasurer for the sum due such person, and the state treasurer shall pay the same out of any fund not otherwise appropriated.

      Sec. 4.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed or amended so as to affect any judge or justice who may have resigned pursuant hereto.

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

[Senate Bill No. 73–Senator Sawyer]

Chap. 119–An Act making the state board of health the state agency to administer crippled children’s aid program in conjunction with the federal government and providing state participation therein; providing the powers and duties of such agency and of the secretary thereof; making an appropriation therefor; and other matters properly relating thereto.

[Approved March 23, 1937]

      Whereas, The Congress of the United States in part 2 of title V of the federal social security act, approved August 14, 1935, has provided federal aid to states for the purpose of providing services for locating crippled children and providing medical, surgical and corrective care therefor; and

      Whereas, Such federal law requires the states to provide state agencies for the purpose of administering the federal and state-aid programs for such crippled children; and

      Whereas, The state board of health of this state is a state agency suitable for the administration of such aid for the crippled children; and

      Whereas, The federal law requires reasonable financial participation in the crippled children’s aid program; therefore,

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

Assembly, do enact as follows:

      Section 1.  The state board of health, as now or as may hereafter be constituted by the laws of this state, is hereby designated as the agency of this state to administer a program of service for children who are crippled or who are suffering from conditions which lead to crippling, and to supervise the administration of those services included in said program which are not administered directly by it. The purpose of such program shall be to develop, extend, and improve services for locating such children, and for providing for medical, surgical, corrective, and other services and care, and providing facilities for diagnosis, hospitalization, and aftercare.

      Sec. 2.  The state board of health is hereby empowered and authorized to formulate, adopt and administer a detailed plan or plans for the purposes specified in section 1 of this act, and make and adopt all such rules and regulations, not inconsistent with the provisions of this act or of the federal social security act, as are or may be necessary for the administration of such plan or plans and the administration of this act. Such plan or plans and said rules and regulations when formulated shall be submitted to the chief of the crippled children’s division of the children’s division of the children’s bureau of the United States department of labor for approval, and when approved by him shall thereupon be made effective by said board for the purposes of this act.

Preamble

State board of health state agency to administer aid to crippled children

Powers and duties of board of health in administering act

Powers and duties of board of health in administering act

Secretary of board to be administrative officer

of the United States department of labor for approval, and when approved by him shall thereupon be made effective by said board for the purposes of this act. Such plan or plans shall in any event include therein provisions for:

      (1) Financial participation by this state;

      (2) Administration of such plan or plans by the state board of health, and supervision by such board of the administration of such services included in the plan or plans which are not administered directly by such board;

      (3) Such methods of administration as are necessary for efficient operation of such plan or plans;

      (4) Maintenance of records and preparation, submission and filing of reports of services rendered;

      (5) Cooperation with medical, health, nursing, and welfare groups and organizations, and with any agency of the state charged with the administration of laws providing for vocational rehabilitation of physically handicapped children;

      (6) Receiving, and expending in the manner provided in this act, in accordance with such plan or plans, all funds made available to the state board of health by the federal government, the state or its political subdivisions, or from any other source, for such purposes.

      (7) Cooperating with the federal government, through its appropriate agency or instrumentality, in developing, extending, and improving such services, and in the administration of such plan or plans.

      (8) Carrying out the purposes specified in section 1 of this act.

      Sec. 3.  The secretary of the state board of health, being the executive officer of such board and being the state registrar of vital statistics, shall be the administrative officer of such board with respect to the administration and enforcement of the provisions of this act and of said plan or plans formulated and adopted for the purposes of this act, and all said rules and regulations necessary thereto and adopted by said board. Such secretary is hereby empowered and directed to administer and enforce all rules and regulations adopted by said board for the efficient operation of such plan or plans formulated by said board for the purposes of this act. The secretary shall maintain his office in Carson City, Nevada, or elsewhere in said state as directed by said board, and keep therein all records, reports, papers, books and documents pertaining to the subjects of this act, and, when directed so to do by the terms of the plan or plans perfected, or by the said board, he shall provide in such places within the state such medical, surgical or other agency or agencies as may be necessary to carry out the provisions of such plan or plans and of this act; provided, that when the proper medical or surgical services cannot be had within the state for any crippled child the secretary may provide for such services in some other state.

be had within the state for any crippled child the secretary may provide for such services in some other state. The secretary shall, from time to time as directed by the secretary of labor of the United States department of labor, make such reports, in such form and containing such information concerning the subjects of this act, as such secretary of labor shall require.

      The secretary shall from time to time, pursuant to the rules and regulations of the said secretary of labor and of the secretary of the treasury of the United States, requisition and cause to be deposited with the state treasurer of this state all moneys allotted to this state by the federal government for the purposes of this act, and said secretary shall cause to be paid out of the state treasury said moneys therein deposited for the purposes of this act as hereinafter provided.

      Sec. 4.  The state treasurer of this state is hereby made custodian of all moneys appropriated by this state, allotted to this state by the federal government, or received by this state from other sources, for the purposes of this act. The state treasurer shall receive said moneys and keep them in a special fund to be known as the “Crippled Children’s Fund,” and may deposit said moneys in a bank or banks in the same manner as other state moneys are deposited. All claims and demands against said fund shall be paid only upon the secretary of the state board of health certifying said claims and demands in proper vouchers to the state controller who shall thereupon draw his warrant or warrants therefor and the state treasurer shall pay the same.

      Sec. 5.  For the purpose of carrying out the provisions of this act and to provide for state participation with the federal government in the crippled children’s aid program, there is hereby appropriated for the biennium beginning July 1, 1937, and ending June 30, 1939, out of any moneys in the state treasury not otherwise appropriated, the sum of two thousand ($2,000) dollars.

      Sec. 6.  This act shall be effective from and after July 1, 1937.

All moneys to be deposited with state treasurer

Special funds; duties of controller and treasurer

Appropriation, $2,000

In effect

Bond issue for municipal building for town of Mina

Proceeds to go into special fund

Denomination of bonds, interest, etc.

[Senate Bill No. 132–Senator Miller]

Chap. 120–An Act authorizing the county commissioners of Mineral County, Nevada, to issue bonds for the purpose of constructing and equipping a municipal building in the town of Mina, in said county, to be used for such municipal purposes in relation to the public business of Mineral County as the county commissioners may from time to time direct, providing for a tax levy therefor, providing for the method of issuing such bonds and the redemption thereof, and other matters properly relating thereto.

[Approved March 23, 1937]

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

Assembly, do enact as follows:

      Section 1.  The board of county commissioners of Mineral County, Nevada, is hereby entitled, empowered, and directed to issue negotiable coupon bonds of Mineral County for the purpose of providing funds for the construction and equipment of a municipal building in the town of Mina, Mineral County, Nevada, to be used for such municipal purposes as the county commissioners of said county may from time to time provide, said bonds shall be designated as the “Town of Mina Municipal Building Bonds.” The issue of said bonds shall be not to exceed five thousand ($5,000) dollars.

      Sec. 2.  The proceeds derived from the sale of the bonds provided herein shall be placed in the county treasury of the county of Mineral to the credit of the fund designated in section 1 hereof, and shall be used by the board of county commissioners for the payment for the construction and equipment of a municipal building to be erected in the town of Mina, in said county, to be dedicated for such uses as the board of county commissioners of said county may from time to time determine.

      Sec. 3.  Said bonds shall be numbered consecutively and shall be prepared in such denominations of not less than one hundred dollars ($100) nor more than one thousand ($1,000) dollars and in such proportions as may be designated by the board. They shall have interest coupons attached in such manner that they can be removed upon payment of the installments of interest without injury to the bonds. Each coupon shall be numbered consecutively, and shall also bear the number of the bond to which it is attached and shall be retired serially according to number. Said bonds and coupons shall be signed by the chairman of the board of county commissioners, and countersigned by the county clerk, and attested with the seal of the county. Lithographed facsimile signatures may be used on the coupons. Said bonds shall bear interest, payable from the date of issuance and sale thereof, to the date of maturity only, at such rate of interest, not exceeding five percent (5%) per annum, as may be fixed and determined by the board, payable semiannually on the first day of July and January in each year, and said bonds and the interest thereon shall be payable in lawful money of the United States.

bear interest, payable from the date of issuance and sale thereof, to the date of maturity only, at such rate of interest, not exceeding five percent (5%) per annum, as may be fixed and determined by the board, payable semiannually on the first day of July and January in each year, and said bonds and the interest thereon shall be payable in lawful money of the United States.

      Sec. 4.  At least one thousand dollars ($1,000) of such bonds, together with the interest due thereon, shall be redeemed, paid, and retired on the first Monday of January 1939, and not less than one thousand dollars ($1,000), with accrued interest, shall be redeemed, paid and retired annually thereafter until the whole thereof are paid and retired; provided, that the board of commissioners may at any time within ten (10) years from the date of this act call in and redeem the whole or any part of such outstanding bonds by payment of the face value thereof and accrued interest to the date of redemption. Notice of such intention shall be given by the county treasurer by mailing a copy thereof to bondholders of record, and shall also be published for at least thirty (30) days in any newspaper published within the county of Mineral or the State of Nevada, and all said outstanding bonds and interest due thereon shall thereupon become due and payable at the office of the county treasurer. Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the county treasurer for payment when they become due, or be called in for redemption, all interest on such bonds shall thereafter immediately cease and determine.

      Sec. 5.  For the purpose of creating a fund for the payment of said bonds, and the interest thereon when and as due, the board of county commissioners of Mineral County shall annually, at the time of making the regular tax levy for state and county purposes, levy a special ad valorem tax upon all property, both real and personal, subject to taxation within said county, including the proceeds of mines, for such amount as shall be necessary or sufficient to pay interest semiannually as it shall accrue on each and every outstanding bond issued under this act, and also to pay and discharge the principal of the said bonds as such bonds respectively become due; said tax shall be levied annually until the said bonds with interest shall have been fully paid. Such tax shall be levied and collected in the same manner as other taxes are levied and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund to be known as “Town of Mina Municipal Building Bond Interest and Redemption Fund.” The money in said fund shall not be used for any other purpose than the payment of principal and interest of the bonds herein authorized so long as any interest is unpaid and any bond outstanding.

Redemption of bonds

Tax to be levied to pay principal and interest

County treasurer to cancel paid bonds

Bonds to be sold at not less than par value; proviso

Bond election to be called

Faith of state pledged

In effect

interest is unpaid and any bond outstanding. Any moneys in said fund after the payment of all interest and the payment and retirement of all bonds outstanding, if any, may be transferred to the general fund of the county.

      Sec. 6.  It shall be the duty of the county treasurer to make and keep a record of said bonds in a book to be provided for that purpose, which shall show the date of issuance and sale, denomination, rate of interest, to whom sold, with address, date when redeemed, and to whom paid, which record shall also provide a place for pasting in the canceled bonds and coupons when redeemed, and the same shall be a record of said office and at all times open for public inspection. Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same, and all interest coupons, by writing across the face thereof “Paid,” together with the date of payment, sign his name thereto, and paste such canceled bonds and coupons in the bond register for the purpose provided.

      Sec. 7.  The board of county commissioners of Mineral County is hereby authorized to negotiate the sale of said bonds to the highest or best bidder, or by private sale, as the board may deem best, at not less than par value, and may reject any and all bids; provided, that the said board may issue and deliver the said bonds or any part thereof in exchange for the outstanding “Town of Mina Municipal Building Bonds,” on an equal par value basis. The proceeds from the sale of these bonds shall be used only for the purpose of paying and retiring the said “Town of Mina Municipal Building Bonds” by redemption or exchange as herein provided.

      Sec. 7 1/2.  The county commissioners of Mineral County are hereby directed to proceed with an election to carry out the purposes of this act in accordance with the provisions of that certain act of the legislature of the State of Nevada entitled “An act relating to bond elections, providing for the manner of holding same, defining the duties of certain persons in relation thereto, and other matters properly relating thereto,” approved March 15, 1937.

      Sec. 8.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and the interest thereon, as herein provided, issued under and by virtue thereof, shall have been paid in full as in this act provided.

      Sec. 9.  This act shall take effect immediately upon its passage and approval.

[Assembly Bill No. 291–Messrs. Gray and Shelly]

Chap. 121–An Act providing for the organization of fire protection districts upon certain lands within the State of Nevada, providing for the regulation thereof, defining the duties of certain persons in relation thereto, and other matters properly relating thereto.

[Approved March 23, 1937]

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

Assembly, do enact as follows:

      Section 1.  Contiguous unincorporated territory lying within one or more counties and not included in any other fire protection district and not including timber land, patrolled by the U. S. forest reserve or in accordance with the rules and regulations of said U. S. forest reserve, may be formed into a county fire protection district in the manner and under the proceedings hereinafter set forth.

      Sec. 2.  When twenty-five percent or more of the holders of title or evidence of title to lands lying in one body and whose names appear as such upon the last county assessment rolls shall present a petition to the board of commissioners of the county in which said land or the greater portion thereof lies, setting forth the exterior boundaries of said proposed district, and asking that the district so described be formed into a county fire protection district under the provisions of this act, the said board of commissioners shall pass a resolution declaring their intention to form or organize said territory into a county fire protecton district, naming said district and describing its exterior boundaries. Said resolution shall fix a time and place for the hearing of the matter not less than thirty days after its adoption and direct the clerk of said board of commissioners to publish the notice of intention of the board of commissioners to form such county fire protection district, and of the time and place fixed for the hearing, and shall designate some newspaper of general circulation published in the county and circulated in said proposed county fire protection district, or if there is no newspaper so published and circulated, then some newspaper of general circulation circulated in said proposed district. Said notice shall be headed “Notice of the proposed formation of fire protection district in................ County (stating the name of the proposed district and the name of the county or, if there be more than one, the name of the counties in which the proposed district is located)” and it shall state the fact that the board of commissioners of said county has fixed the time and place (which shall be stated in said notice) for a hearing on the matter of the formation of a county fire protection district. Said notice shall describe the territory or shall specify the exterior boundaries of the territory proposed to be organized into a fire protection district, which said boundaries, so far as practicable, shall be the center lines of highways.

Organization of county fire protection districts

Procedure to organize district

Objections to formation of district to be filed with board of county commissioners

Owners of adjacent lands may apply to be included in district

Election districts to be organized; election of directors

describe the territory or shall specify the exterior boundaries of the territory proposed to be organized into a fire protection district, which said boundaries, so far as practicable, shall be the center lines of highways. Said notice shall be published once a week for two successive weeks prior to the time fixed for the hearing in the newspaper designated by the said board.

      Sec. 3.  At the time fixed for the hearing of said matter, or at any time prior thereto, any person interested may file with the clerk of the board written objections to the formation of the district. At the time fixed for the hearing, or to which the hearing may be adjourned, the board of commissioners shall hear the objection filed, if any, and pass upon the same. Said board may, in its discretion, sustain any or all of the objections filed and may change or alter the boundaries of such proposed district to conform to the needs of the district and to exclude therefrom any land that will not be benefited by the formation of such a district, and except as hereinafter provided they shall not include therein any territory not included in the boundaries mentioned in the petition. Any owner of lands adjacent to the borders of said district may, by his written application therefor filed with such board at or before the time of the hearing of said petition, in the discretion of said board, have such lands included within such proposed district. Upon such hearing of said petition the board of commissioners shall determine whether or not said petition complies with the requirements and purposes of this act, and must hear all competent and relevant testimony offered in support or in objection thereto. The board shall by resolution determine whether or not such a proposed district shall be formed and such determination shall be entered upon the minutes of said board of commissioners.

      Sec. 4.  When, under the provisions of the preceding section, the boundaries of the proposed district shall be defined and established by said board, the board of commissioners shall make an order dividing said district into three or five divisions as nearly equal in size as practicable, which divisions shall be numbered consecutively and constitute election districts for said precinct, and one director, who shall be a resident of the precinct for which he is elected, shall be elected, as hereinafter provided, by each precinct; provided, that when requested in the petition, three directors, who shall be residents of the district, shall be elected at large by the district.

      Sec. 5.  Said board of county commissioners shall then give notice of an election to be held in such proposed district for the purpose of determining whether or not the same shall be organized under the provisions of this act.

same shall be organized under the provisions of this act. Such notice shall designate a name for such proposed district and describe the boundaries of the precincts established therein, when more than one, together with a designation of the polling places and board of election for each precinct, and said notice shall be published once a week for at least three weeks previous to such election in a newspaper published or circulated within the boundaries of said proposed district and published within the county in which the petition for the organization of such district was presented. Such notice shall require the electors to cast ballots which shall contain the words: “.......... County fire protection district-Yes”; or “.......... County fire protection district-No,” or words equivalent thereto, and also the names of one or more persons (according to the division of the proposed district as prayed for in the petition and ordered by the board), to be voted for to fill the office of director. Such election shall be conducted as nearly as practicable in accordance with the general laws of the state, but no particular form of ballot shall be required. Holders of title or evidence of title to lands within the district, and no others, shall be qualified and entitled to vote either in person or by proxy at any election held by such district. No person shall vote by proxy unless his proxy to cast such vote shall be evidenced by an instrument in writing duly acknowledged before a notary public and filed with the election board.

      Sec. 6.  Said election having been held, the said board of commissioners shall on the first Monday succeeding such election, if then in session, or at its next succeeding general or special session, proceed to canvass the votes cast thereat, and if upon such canvass it appears that a majority of all votes cast in the district (and in each portion of the counties included in the district in case lands in more than one county are included therein) are in favor of the formation of said district, the board shall, by an order entered in its minutes, declare such territory duly organized as a county fire protection district under the name theretofore designated, and shall declare the persons receiving, respectively, the highest number of votes for the directors, to be duly elected to such offices. Said board shall then cause a copy of such order, duly certified by the clerk of said board, to be immediately filed for record in the office of the county recorder of any county in which any portion of the lands embraced in such district are situated, and must also immediately forward a copy thereof to the clerk of the board of commissioners of each of said counties, and no board of commissioners of the county shall, after the date of the organization thereof, allow another fire protection district to be formed, including any portion of said lands, without the consent of the owners thereof.

Notice of election to be given

Vote to be canvassed by commissioners

Directors to hold office three years

Election to be held annually

Powers and duties of board of directors

of said lands, without the consent of the owners thereof. From and after such filing the organization of the district shall be complete.

      Sec. 7.  The directors elected at the election herein provided for shall immediately enter upon their duties as such. They shall hold office respectively for a term of three years from and after their election and until their successors are elected and qualified; provided, that the first board of directors shall at their first meeting so classify themselves by lot that one of their number shall go out of office on the second Monday of April of the year next succeeding said first election, one thereof on the second Monday of April of the second year succeeding, and one thereafter on the second Monday of April of the third year succeeding. After such classification said directors shall organize as a board, shall elect a president from their number and appoint a secretary who shall each hold office during the pleasure of the board. After the first election, an election shall be held each year on the last Friday in March at which one director shall be elected. Notice of such elections shall be given by the board of directors by posting in three public places within the district for at least two weeks before the election. They shall also appoint the judges of election. Wherever practicable, the polling places used for school elections shall be designated. The elections shall be conducted in accordance with the provisions of the general election laws of the State of Nevada, except as in this act provided to the contrary. The judges of election shall, within twenty-four hours after holding said election, make returns and certify said votes, and the names of the persons voted for to the said board of directors, and within five days after the returns have been received by the board of directors, they shall count the votes, determine who has been elected, and forthwith issue certificates of election to the persons elected.

      Sec. 8.  The board of directors shall have the power and it shall be their duty to manage and conduct the business and affairs of the district, to make and enforce all rules and regulations necessary for the administration and government of such district and for the furnishing of fire protection thereto, to make and execute in the name of the district all necessary contracts, to adopt a seal for the district to be used in the attestation of proper documents, to provide for the payment from the proper fund of all the debts and just claims against the district, to employ agents and employees for such district sufficient to maintain and operate the property acquired for the purposes of the district, to acquire real or personal property needful for the purposes of said district, and to dispose of the same when no longer needed, to construct any needed structures, to acquire, hold and possess, either by donation or purchase, in the name and on behalf of the said district any land or other property necessary for the purpose of said district, to eliminate and remove fire hazards within their district wherever practicable and possible whether on private or public premises, and to that end they may clear the public highways and, where permitted, private lands, of dry grass, stubble, brush, rubbish or other inflammable material in their judgment constituting a fire hazard, and to perform all other acts necessary, proper and convenient to accomplish the purposes of this act.

possess, either by donation or purchase, in the name and on behalf of the said district any land or other property necessary for the purpose of said district, to eliminate and remove fire hazards within their district wherever practicable and possible whether on private or public premises, and to that end they may clear the public highways and, where permitted, private lands, of dry grass, stubble, brush, rubbish or other inflammable material in their judgment constituting a fire hazard, and to perform all other acts necessary, proper and convenient to accomplish the purposes of this act.

      Sec. 9.  The title to all property which may have been acquired for a county fire protection district, created under the provisions of this act, shall be vested in the district. Whenever any such county fire protection district shall be dissolved, all property thereof shall be disposed of to the highest bidder, and the proceeds thereof, together with all money in the county treasury to the credit of any fund of such fire protection district, shall upon such dissolution be applied to the maintenance and repair of the highways of such district.

      Sec. 10.  The board of directors of each county fire protection district shall annually on or before the 20th day of July estimate the amount of money which will be needed to defray the cost of maintenance thereof, and to meet such other expenditures as are authorized by this act in connection therewith, and shall also ascertain from the assessor or assessors the assessed value of the assessable property within the district. Said board shall then determine the amount of the tax sufficient to raise the sum estimated to be necessary; provided, that the amount of money to be raised for the purpose of establishing and equipping said district with fire-fighting facilities shall not in any one year exceed one percent of the assessable property within the district, and the amount of money to be raised for the purpose of maintaining said district each year shall not exceed one-half of one percent of the assessable property within the district. When so determined, the amount of said tax shall be certified to the boards of county commissioners of the counties in which any portion of said district is located, and such boards of commissioners shall, at the time of making the levy of county taxes for that year, levy the tax certified upon all the real property, together with the improvements thereon in said district. Said tax, when levied, shall be entered upon the assessment rolls and collected in the same manner as state and county taxes. When the same is collected it shall be placed in the treasury of the county in which the greater portion of said district is located, to the credit of the current expense fund of said district, and shall be used only for the purpose for which it was raised.

Title to property vested in district

Board of directors to certify necessary tax rate to board of commissioners

Tax levy to be entered on assessment rolls of county

Fire protection district may be dissolved; procedure

Boundaries of district may be altered by petition; notice to be published

What notice shall state

purpose for which it was raised. All accounts, bills and demands against the district shall be audited, allowed and paid by the board of directors by warrants drawn on the county treasurer. The county treasurer shall pay them in the order in which they are presented.

      Sec. 11.  Any such county fire protection district may be dissolved by the board of commissioners which formed it as in this act provided. Upon receiving a petition signed by twenty-five percent of the owners of land within such district, requesting the dissolution thereof, the board of commissioners shall by resolution call an election which shall be called, noticed and conducted in all respects in a manner similar to that provided for with reference to the formation of such a district. If it appears that a majority of the owners of land voting at said election have voted in favor of dissolution, the directors shall cause such facts to be entered upon their minutes and shall forward a copy of such entry to the board of commissioners of the county in which such district is situated, and shall also record a copy of such entry with the county recorder. On and after such filing and recording, such district shall be deemed dissolved; provided, that if at the time of the dissolution of said district there shall be any outstanding or bonded indebtedness of such district, then taxes for the payment of such bonds or other indebtedness shall be levied and collected, the same as if such district had not been dissolved and disincorporated, but for all other purposes such district shall be deemed dissolved from the time of the filing of said copy of such entry with the clerk of the board of commissioners and the recording of said copy of such entry with the county recorder.

      Sec. 12.  The boundaries of any county fire protection district formed under this act may be altered and new territory annexed thereto, incorporated and included therein, and made a part thereof in the following manner: The board of directors of any such district, upon receiving a written petition therefor containing a description of the territory proposed to be annexed (which said territory shall be contiguous to said district), and signed by not less than twenty percent of the holders of title or evidences of title to lands within the territory proposed to be annexed, and whose names appear as such on the last preceding county assessment roll, shall cause a notice of filing of such petition to be published in the same manner and for the same time as is required as to notices of the proposed formation of a county fire protection district under this act.

      The notice shall state the filing of such petition and the names of the petitioners, a description of the lands mentioned in said petition, and the prayer of said petition; and it shall notify all persons interested in, or that may be affected by such change of the boundaries of the district, to appear at the offices of said board, at a time named in said notice, and show cause in writing, if any they have, why the proposed change in boundaries should not be made.

affected by such change of the boundaries of the district, to appear at the offices of said board, at a time named in said notice, and show cause in writing, if any they have, why the proposed change in boundaries should not be made. The time specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of time for the publication of the notice. The petitioners shall advance to the board sufficient money to pay the estimated costs of all proceedings.

      The board of directors, at the time and place mentioned in said notice, or at such other time or times to which the hearing of said petition may be adjourned, shall proceed to hear the petition, and all objections thereto presented in writing by any interested parties, who shall be holders of title or evidences of title to lands within the district or within the territory proposed to be annexed.

      The board of directors to whom such petition is presented may require, as a condition precedent to the granting of the same, that the petitioners shall severally pay to such district such respective sums as nearly as the same can be estimated (the several amounts to be determined by the board), as such petitioners or their grantors would have been required to pay such districts as taxes had such lands been included in such district at the time the same was originally formed.

      At such hearing, the board of directors shall hear and determine all objections and shall exclude all lands within the territory proposed to be annexed which will not be benefited by inclusion in said district. If the board of directors deem it for the best interest of the district that the boundaries of the district be changed as proposed or as such proposal may be altered by the exclusion of lands not benefited, the board shall submit the question of such change in boundaries at the next election to be held in such district, and shall call an election to be held at the same time within the territory to be annexed. Notice of such elections shall be given in the same manner as that prescribed for annual elections of directors. The ballots cast at said election shall contain the words “For change of boundary” or “Against change of boundary,” or words equivalent thereto. The notice of election shall describe the proposed change of the boundaries in such manner and terms that it can readily be traced. The qualifications for votes at such elections shall be the same as for other elections in the district, and votes by proxy shall be allowed as in such other elections.

      The returns of the votes cast in said outside territory proposed to be annexed and in the district shall be canvassed separately, and the board of directors shall cause a record of said canvass to be made and entered in its minutes. If it shall appear from such canvass that a majority of the votes cast in the district and in the territory proposed to be annexed are in favor of the change in boundary,

Board of directors to hear petition

Petitioners liable for certain taxes

Proposal for boundary change to be submitted at next election

Majority of votes cast necessary to change boundary

shall appear from such canvass that a majority of the votes cast in the district and in the territory proposed to be annexed are in favor of the change in boundary, the board shall so find, and upon the filing of a certified copy of such finding, under seal of the district, in the office of the county recorder, said territory shall be a part of said district.

Territory, how annexed

Powers of city

[Senate Bill No. 90–Senator Ryan]

Chap. 122–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 23, 1937]

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

Assembly, do enact as follows:

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

      Section 2.  The Annexation of Adjacent Territory; Manner of Procedure of.  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, however, that no territory shall be annexed unless a 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 no change in the boundaries of the city shall be made within sixty (60) days next preceding any general city election, and in no event oftener then every two years.

      Sec. 2.  Section 4 of chapter I of the above-entitled act is hereby amended to read as follows:

      Section 4.  Additional Powers.  The said city shall have and be vested with all the right, powers, property, and things of every kind now belonging to the town of Las Vegas, and may have and use a common seal and the same alter at pleasure, and may purchase, receive, hold and enjoy real and personal property within or without the city, and sell, convey and dispose of the same for the common benefit; and may purchase, receive, hold and acquire, manage and enjoy, operate and maintain, municipal water works and municipal power plants, electrical or otherwise, municipal swimming pools, or other public utility; and may determine and declare what are public uses, for the purpose of the city, and when the necessity arises or exists of condemning lands or property therefor; and what are the lands and property necessary to condemn; and may receive bequests, devises, gifts, and donations of all kinds of property, within or without the city, in fee simple or in trust, for charitable or other purposes, and do any, every and all acts and things whatsoever, necessary to carry out the purposes of such bequests, devises, gifts, and donations, with full power to manage, sell, lease, or otherwise dispose of the same in accordance with the terms of such bequest, devise, gift, donation or trust.

and declare what are public uses, for the purpose of the city, and when the necessity arises or exists of condemning lands or property therefor; and what are the lands and property necessary to condemn; and may receive bequests, devises, gifts, and donations of all kinds of property, within or without the city, in fee simple or in trust, for charitable or other purposes, and do any, every and all acts and things whatsoever, necessary to carry out the purposes of such bequests, devises, gifts, and donations, with full power to manage, sell, lease, or otherwise dispose of the same in accordance with the terms of such bequest, devise, gift, donation or trust.

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

      Section 2.  Officers, Elective.  The elective officers of the city of Las Vegas shall consist of a mayor, four commissioners, a city clerk, a city attorney, and a judge of the municipal court.

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

      Section 3.  Officers, Election of-Election, When and How Held-Commissioners-Classes of Ballot.  After said election as above provided for and on the first Tuesday after the first Monday in May 1913, and on the same day every two years thereafter, until the year 1927, there shall be elected at large by the qualified voters of the city of Las Vegas at a general election to be held for that purpose a mayor and four commissioners. Said officers, until the year 1927, shall hold office for a period of two years and until their successors shall have been elected and qualified. On the first Tuesday after the first Monday in May 1927, and on the same day every four years thereafter, there shall be elected at large by the qualified voters of said city, at a general election to be held for the purpose, a mayor, who shall be elected and hold office for a period of four years and until his successor shall have been elected and qualified. On the first Tuesday after the first Monday in May 1927, there shall be elected at large by the qualified voters of said city, at a general election to be held for that purpose, four commissioners, two of whom shall each be designated by an odd number and two of whom shall each be designated by an even number. The two commissioners designated by the odd numbers and so elected shall be elected and hold office for a period of four years and until their successors are elected and qualified. The two commissioners designated by the even numbers and so elected shall be elected and hold office for a period of two years and until their successors are elected and qualified. On the first Tuesday after the first Monday in May 1929, and on the same day every two years thereafter, there shall be elected at large by the qualified voters of said city, at a general election to be held for that purpose, two commissioners, who shall be elected and hold office for a period of four years and until their successors are elected and qualified.

Elective officers

City election every two years

City election every two years

County officers to be ex officio city officers

years thereafter, there shall be elected at large by the qualified voters of said city, at a general election to be held for that purpose, two commissioners, who shall be elected and hold office for a period of four years and until their successors are elected and qualified. At said general election to be held in May 1929, and on the same day every four years thereafter, there shall be elected at large by the qualified voters of said city a city clerk, who shall be elected and hold office for a period of four years and until his successor is elected and qualified. On the first Tuesday after the first Monday in May 1937, and on the same day every two years thereafter there shall be elected at large by the qualified voters of the said city a city attorney and a judge of the municipal court, each of whom shall be elected and hold office for a period of two years and until his successor is elected and qualified. The board of commissioners of said city shall, not later than the first Thursday in March of each year in which said general city election is to be held, order such general election and shall determine the places in said city for holding the same, and the mayor of said city shall forthwith make proclamation thereof, and otherwise said election and the manner of holding the same shall be governed by the laws of the State of Nevada governing general elections, so far as the same may be applicable thereto, and in the event there should be any failure on the part of the general laws of the state to provide for some feature of said city election then the board of commissioners of said city shall have the power to provide for such deficiency. The four commissioners to be elected, as provided for in this act, shall be voted for and elected separately and shall be separately designated on the official ballot by numbering the same “1,” “2,” “3,” and “4.” Each person desiring to become a candidate for commissioner as aforesaid shall designate the number of the class to which he desires to become a candidate, and his name shall be printed on the official ballot beneath the number he selected, and each voter shall vote for only one candidate in each class.

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

      Section 5.  Officers, Appointive and Ex Officio-Enumeration of Compensation-Bonds.  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.

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 and ex officio tax receiver of the city of Las Vegas, and county assessor of the county of Clark as ex officio assessor of the city of Las Vegas shall each receive such compensation, not to exceed one hundred dollars ($100) a month each, as may be fixed from time to time by the said board of city commissioners. 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 ($3,000) 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. 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. 6.  Section 6 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 6.  Officers, Elective-Qualifications of.  The mayor, each of the four commissioners, the city clerk, the city attorney and the judge of the municipal court, shall not be less than 25 years of age, citizens of the United States and for at least two years immediately preceding their election, residents of the city of Las Vegas, county of Clark, State of Nevada, qualified voters who are property owners and taxpayers on real estate or personal property, situate in the city of Las Vegas, county of Clark, State of Nevada, as shown on the assessment rolls of said city of Las Vegas, county of Clark, State of Nevada, on file in the office of the county assessor and ex officio city assessor of the county of Clark, State of Nevada, for at least two years immediately preceding the year in which said election is held. No incumbent commissioner shall be eligible for nomination or election to the office of mayor, but nothing herein contained shall be construed so as to prevent any commissioner from first resigning his office of commissioner and then becoming a candidate for the office of mayor. All officers made elective by the popular vote shall within twenty days after the result of the election is ascertained qualify as required by this charter and the constitution and laws of the State of Nevada, and enter upon the duties of their office on the first Monday in June of the year in which said general election is held, and failing to do so within said time, such office shall be and become vacant.

Additional officers may be appointed

Qualifications of elective officers

Salaries

Vacancies, how filled

Claims, accounts and financial statements

after the result of the election is ascertained qualify as required by this charter and the constitution and laws of the State of Nevada, and enter upon the duties of their office on the first Monday in June of the year in which said general election is held, and failing to do so within said time, such office shall be and become vacant.

      Sec. 7.  Section 10 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 10.  Mayor, Commissioners, Clerk, City Attorney, and Judge of the Municipal Court, Salary of.  From and after June 1, 1937, the elected city officers 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 one hundred eighty ($180) dollars per annum; each of the city commissioners shall receive the sum of one hundred twenty ($120) dollars per annum; the city clerk shall receive the sum of twenty-four hundred ($2,400) dollars per annum; the city attorney shall receive the sum of three thousand, six hundred ($3,600) dollars per annum; the judge of the municipal court shall receive the sum of twelve hundred ($1,200) 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. 8.  Section 14 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 14.  Vacancy in Office-Resignation-Election of Successors.  Resignation by the mayor or any commissioner, the city clerk, the city attorney, or judge of the municipal court, elected under this act, shall be made in writing to the board of commissioners for their action thereupon. In case of the removal of the domiciles of the mayor or any commissioner, the city clerk, the city attorney, or the judge of the municipal court, or any other charter officer from the territorial limits of said city, such removal shall ipso facto be deemed to create a vacancy in said office, and the same shall be filled for the unexpired term by a majority vote of the members, or remaining members, of the board of commissioners, although less than a quorum, who are present at a regular meeting.

      Sec. 9.  Section 18 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 18.  Claims and Accounts-Warrants, How Issued-Financial Statements, Publications of.  The commissioner named as the head of each department shall audit all accounts or claims against it unless he is absent or fails or refuses to do so, in which event the mayor shall appoint another commissioner to act in his stead during his absence, or to audit such claims or accounts as said commissioner shall fail or refuse to act upon, but before payment all accounts shall be approved by the board of commissioners and no money shall be paid for any purpose except upon warrant executed by the mayor and attested by the city clerk upon order of the board, and the commissioners shall cause complete and full records of all such claims and transactions to be kept by the city clerk in books secured for that purpose; and the board of commissioners shall cause to be published, in some newspaper published in the city of Las Vegas, once each month, the amounts of all bills allowed by them, together with the names of the persons to whom such allowances are made and for what such allowances are made.

shall fail or refuse to act upon, but before payment all accounts shall be approved by the board of commissioners and no money shall be paid for any purpose except upon warrant executed by the mayor and attested by the city clerk upon order of the board, and the commissioners shall cause complete and full records of all such claims and transactions to be kept by the city clerk in books secured for that purpose; and the board of commissioners shall cause to be published, in some newspaper published in the city of Las Vegas, once each month, the amounts of all bills allowed by them, together with the names of the persons to whom such allowances are made and for what such allowances are made. Said board of commissioners shall require a statement to be published or cause to be posted, as may be designated by them, in January, April, July, and October of each year, showing a full and clear and complete statement of all taxes and other revenue collected and expended during the preceding quarter, indicating the respective sources from which the moneys are derived, and also indicating the disposition made thereof, and all outstanding bonds and other obligations.

      Sec. 10.  Section 31 of chapter II of the above-entitled act is hereby amended to read as follows:

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

      1.  To make and pass all ordinances, resolutions and orders, not repugnant to the constitution or statutes of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city, and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine in any sum less than five hundred ($500) dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.

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

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

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

      4a.  The board of commissioners shall each year levy and cause to be collected a tax not to exceed ten mills on the dollar of all taxable property of the city of Las Vegas for publicity purposes, the same to be placed in a fund known as “Publicity Fund.”

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

All claims and accounts must be approved

Powers of board of commissioners

Powers of board of commissioners

the issuance of bonds by municipalities, to borrow money on the credit of the city for corporation purposes and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board of commissioners shall determine; and the board may secure the payment of any bonds of the city by making them preferred lien against the real or other property of the city; provided, that said city shall not issue nor have outstanding at any time bonds to an amount in excess of 20 percent of the total valuation of the taxable property within its limits, as shown by the last preceding tax list or assessment roll, nor shall said city have issued or outstanding at any time warrants, certificates, scrip or other evidence of indebtedness, excepting the bonded indebtedness, in excess of 2 percent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts or loaning its credit for procuring supplies of water. The said board shall provide for the payment of interest on such bonds as the same shall become due, and for a sinking fund for the payment of the principal within twenty years after issuing same. The board shall have the power to acquire or establish municipal water works, municipal power plants, municipal swimming pools, or any public utility, only in the manner herein provided. The board shall issue a proclamation which shall set forth briefly the supply of water, municipal water works, the municipal power plant, municipal swimming pool, or other public utility proposed to be acquired or established, the estimated cost thereof as shown by the report provided by the board and mayor, or an engineer or party theretofore appointed by the board for that purpose, the proposed bonded indebtedness to be incurred therefor, the terms, amount, rate of interest and time within which redeemable, and on what fund. Such proclamation shall be published in full at least once a week for three successive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which said board will pass an ordinance providing for the acquiring or establishment thereof and the issuance of the bonds therefor. At the first regular meeting of the board, or any recess or adjournment thereof, after the completion of said publication, the board shall proceed to enact an ordinance for such purposes which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to a vote of the electors of said city; provided, however, that if a petition shall be presented to said board signed by qualified electors of said city equal in number to at least 10 percent of the number of votes cast in said city for representative in Congress at the last preceding general election, and as shown by the last preceding registration list, asking for a special election upon the question of whether or not the proposed ordinance shall be passed, then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast.

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

      In addition to the powers elsewhere conferred upon said board they shall also have the power, for the purpose of constructing sewerage systems, including disposal plants within the said city and waste mains therefrom, and said board is hereby authorized to issue bonds therefor not to exceed in the aggregate the sum of two hundred fifty thousand ($250,000) dollars; which said bonds shall be of convenient denominations, ranging from one hundred dollars to one thousand dollars and shall bear interest at the rate of not more than 7 percent per annum, the interest on each bond to be payable semiannually. Said bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed upon any payment of any installment of interest on the bonds without injury to the bonds. The bonds shall be signed by the mayor and countersigned by the city clerk, and shall be distinctively known as “Las Vegas Sewerage Bonds.” Before issuing the said bonds, the said board shall publish at notice at least once a week for at least three consecutive weeks in some daily or triweekly newspaper published in the said city, calling for a special election by the regularly qualified electors of the city whether such bonds shall issue.

Powers of board of commissioners

Powers of board of commissioners

once a week for at least three consecutive weeks in some daily or triweekly newspaper published in the said city, calling for a special election by the regularly qualified electors of the city whether such bonds shall issue. Such notice shall state consecutively the amount of the proposed bond issue, the rate of interest bonds are to bear, time and manner of their payment, and that they are for the construction of a sewerage system and/or sewerage disposal plant, as the case may be. The board shall cause a sufficient number of ballots to be printed which shall bear the words: “Sewerage Bonds-Yes,” and “Sewerage Bonds-No” printed thereon in parallel lines one above the other. The voter will scratch out the word “Yes” if opposed to the bonds, and the word “No” if in favor of the issue. The election shall be conducted and the votes announced in all several particulars as in other elections. If the majority of the votes cast are in favor of the issuance of the bonds the said board of commissioners shall proceed at once to issue them as rapidly as needed in conformity with the provisions of this act. Said board may submit such questions to the vote of the electors at a general city election instead of a special election if the board find it convenient so to do, in which event said notice, instead of calling for special election, shall specify that such question shall be voted on at the next general city election and such question shall, in the form above provided, be placed upon the general ballot at such general city election. Said bonds shall be sold at not less than their par value and shall be redeemable in the order of their issuance within twenty-five years from the date of issue. The said board shall provide for the payment of said bonds and the interest thereon at the time of regular tax levy for state and county and city purposes by levying an additional tax upon the property, real and personal, within the limits of the city, sufficient in their judgment to pay the interest upon said bonds semiannually as it becomes due, and the principal at such rate as will redeem all of the bonds within twenty-five years from the date of their issue; in which case the twenty-five years shall begin to run from the date of the particular bond to be paid. The said taxes shall be assessed and collected the same as other taxes paid to the county treasurer and by him placed in a fund to be known as the “Las Vegas Sewerage Fund.” All sewerage systems constructed under the provisions of this act shall be constructed under the supervision and control of the said board. The material may be purchased and work caused to be done directly by the board, or it may advertise for plans and specifications and bids for construction as they may see fit.

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

maturing bonds or for the consolidation of or refunding of the same.

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

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

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

      10.  To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business, conducted in whole or in part within the city, including all theaters, theatrical or melodeon performances and performances of any, every, and all kinds for which an admission fee is charged; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all taverns, hotels, auto camps, restaurants, chophouses, cafes, saloons, eatinghouses, lunch counters, barrooms, games and gaming houses, lodginghouses, accommodating four or more lodgers, manufacturers, laundries, livery stables, garages, automobile and motor sales agencies, vulcanizing shops, battery service shops, sales stables, cattle or horse corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, manufacturers of concrete blocks, street railway companies operating in whole or in part within the city. To fix and impose and collect a license tax on and regulate auctioneers, stockbrokers and stock exchanges. To fix, impose and collect a license tax on, regulate, prohibit or suppress barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress, all barrooms, street fakers, street peddlers, except those above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed, or sale stables, cattle or horse corrals, foundries and machine shops. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests. Within said city and within one mile outside of the city limits to regulate, prohibit, and prescribe the location of and suppress all houses of ill-fame, hurdy-gurdy houses, bawdyhouses, and any and all places to which persons resort for lewd or lascivious purpose or purposes of lewdness or prostitution, including dancehouses having special attractions, such as music or otherwise; to license and regulate gambling as allowed by law, and to prohibit gambling in all its various forms.

Powers of board of commissioners

Powers of board of commissioners

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

resorts for amusements of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation or profession.

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

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

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

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

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

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

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

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

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

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

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

Powers of board of commissioners

Powers of board of commissioners

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

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

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

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

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

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

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

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

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

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

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

the city and which shall not have been operated with cars for public use for a period of one year after the laying thereof.

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

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

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

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

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

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

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

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

Powers of board of commissioners

Powers of board of commissioners

which it is taken, and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.

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

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

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

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

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

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

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

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

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

      49.  To provide for the inspection, and sealing of weights and measures.

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

firewood and all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test, and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures, duly tested and sealed, and appoint the necessary officers therefor.

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

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

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

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

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

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

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

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

Powers of board of commissioners

Powers of board of commissioners

expedient, of all children who are destitute or without proper parental care.

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

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

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

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

      62a.  To adopt by reference and to enforce any uniform building code and/or electrical code.

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

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

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

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

and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.

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

      68.  To prohibit cruelty to animals.

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

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

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

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

      73.  To prevent intoxication, fighting, quarreling, dogfights, cockfights, prizefights, bullfights, and also all disorderly conduct which tends to violate the peace and quietude of any individual or individuals within the city, and to provide against and to prevent the offenses of assault and battery and petit larceny; restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretense does not exceed in value the sum of fifty dollars.

Powers of board of commissioners

Powers of board of commissioners

dollars. The provisions of this subdivision are separate and distinct from the provisions of subdivision No. 70 of this section.

      74.  To regulate and prohibit the carrying of concealed weapons.

      75.  To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.

      76.  To punish for keeping, maintaining, or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.

      77.  To provide for and regulate the numbering of houses and lots.

      78.  To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, either as sole owner or as tenant in common, with the county of Clark, State of Nevada, both within and without the city boundaries; and as such sole owner or as such tenant in common to improve, operate, regulate, and protect such property, and to do all other things in relation thereto which natural persons might do; provided, that the board shall not have the power to mortgage, hypothecate or pledge any property of the city for any purpose.

      79.  To erect and maintain all needful buildings for the use of the city.

      80.  Any property, real or personal, necessary or repaired for the public use of the city, may be condemned and appropriated in the manner prescribed by general law, and all rights of eminent domain may be exercised by the city in relation thereto.

      80a.  To authorize, by ordinance, officers of the city police department to direct all traffic in accordance with the provisions of the traffic ordinances of the city, except in times of emergency, at which times such officers may, by such ordinance, direct the traffic as public safety or public convenience may require.

      80b.  To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper court, whenever necessary in the judgment of the board of city commissioners to enforce or maintain any right of the city, and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise against any property owner refusing or neglecting to pay, as assessed by the board of city commissioners, his ratable proportion of the cost of paving, grading, or otherwise improving any street or building, or any sidewalk or other improvement which benefits the property of the owner thereof.

and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise against any property owner refusing or neglecting to pay, as assessed by the board of city commissioners, his ratable proportion of the cost of paving, grading, or otherwise improving any street or building, or any sidewalk or other improvement which benefits the property of the owner thereof. All such suits, actions, and proceedings shall be instituted, commenced, prosecuted, and defended, as the case may be, by the city attorney.

      80c.  To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, conduits, ditches, signal bells, warning signs, and other electrical, telegraph, and mechanical appliances in, along, over, under and across the streets, alleys and public places; provided, that no such appliances shall be placed so as to interfere with the fire-alarm system, or the extinguishment of fires, or permanently with the free use of the streets, sidewalks, alleys or public places.

      80d.  To provide punishment for and suppress the unlawful sale, storage or keeping, offering, or exposing for sale or barter, manufacture, storage or keeping, or other disposal of intoxicating liquors within the said city or within one mile outside of the city limits.

      80e.  Whenever ten (10) per centum or more of the qualified voters resident within the corporate limits of the city of Las Vegas, as shown by the number of votes cast for mayor at the last preceding election at which a mayor was elected for such city, shall by petition, in writing, presented to such board, express their wish that any act be done or ordinance be passed, the board of commissioners shall cause a special election to be held as provided by law, unless the submission of such proposition or propositions, at the next general, city, county, or state election, may appear to such board more practicable and economical, at which election such proposition, or propositions, shall be submitted to the people at such general or special election, as the case may be, in a brief and concise manner so as to be readily understood by the ordinary person of common understanding, and if a special election, it shall be conducted in the manner now provided by law for the conduct of special elections; provided, however, the said board may, at its discretion, give effect to such wish by appropriate action in that behalf if within the limits of the powers granted by this charter. At the conclusion of any election at which any proposition, or propositions were so submitted to the people, the said board is hereby authorized, empowered and directed to give, by such appropriate act as may be necessary, full force and effect to each, all, and every choice or wish so expressed at such election if within the limits of powers granted by this charter.

Powers of board of commissioners

Powers of board of commissioners

Repeal

In effect

effect to each, all, and every choice or wish so expressed at such election if within the limits of powers granted by this charter.

      80f.  To require the construction and repair of sidewalks by the owners of abutting lots, and to construct and repair the same at city expense; provided, however, that if the expense thereof shall be paid by the city, the same shall constitute a lien upon the property and shall be paid by direct payment, special assessment, or as other city taxes are levied and collected.

      81.  To adopt and enforce by ordinance all such regulations, in case no express provisions is in this charter made, as the board of city commissioners may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of the said city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances of any other subject of municipal control or to carry into force or effect any further powers of the city, and to do and perform any, every, and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose or intent thereof.

      Sec. 11.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 12.  This act shall become effective immediately upon its passage and approval.

[Assembly Bill No. 115–Mr. Russell]

Chap. 123–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 all the acts amendatory thereof or supplementary thereto.

[Approved March 23, 1937]

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

Assembly, do enact as follows:

      Section 1.  Section 79 of the above-entitled act, being section 3113 N. C. L. 1929, as amended, chapter 188, Statutes of Nevada 1933, is hereby amended to read as follows:

      Section 79.  It shall be unlawful for any person to hunt any beaver in the state on or before the first day of January, 1947; provided, that when beaver are doing actual damage to farms or other property in any county, the board of fish and game commissioners may, upon filing of a verified application, authorize the trapping of such beaver; but the furs of such animals shall be taken in as good condition as possible and must be delivered forthwith to said board, to be sold by said commissioners, and the proceeds of said sale must be deposited in the state fish and game preservation fund, and the commissioners shall, and are hereby authorized, to recompense, out of such fish and game preservation fund, for the trapping of said beaver, not more than fifty percent of the proceeds from the sale of said beaver furs. It shall be unlawful for any person to have in his possession any hide or fur from said animals unless the same has been lawfully taken and is lawfully in the possession of the holder thereof.

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

Beaver protected until 1947; proviso

Repeal

In effect

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

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

Season for district No. 5

[Senate Bill No. 111–Humboldt County Delegation]

Chap. 124–An Act to amend sections 27 and 28 of 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 officer 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 and 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, as amended.

[Approved March 23, 1937]

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

Assembly, do enact as follows:

      Section 1.  Section 27 of the above-entitled act, being section 3061 N. C. L. 1929, is hereby amended to read as follows:

      Section 27.  It shall be unlawful for any person to fish in or from any of the waters of Maggie creek and tributaries, north and south forks of the Humboldt river and tributaries, Mary’s river and tributaries, Willow creek reservoir and all creeks emptying into same, Salmon river and tributaries, Jarbidge river and tributaries, Bruneau river and tributaries, Goose creek, Little Goose creek, Jake’s creek, or the Humboldt river, within said district No. 5, except between the first day of May and fifteenth day of November of the same year, both dates included; or in or from any of the waters of any other streams within district No. 5 except between the first day of April and the first day of October of the same year, both dates included.

      Sec. 2.  Section 28 of the above-entitled, being section 3062 N. C. L. 1929, is hereby amended to read as follows:

      Section 28.  It shall be unlawful for any person to fish in or from any of the waters of the Humboldt river within said district No. 4, except between the first day of May and the thirty-first day of October of the same year, both dates included; or in or from any of the waters of any other streams within said district No. 4, or in or from any of the waters in districts No. 2, No. 3, No. 6, between the first day of October and the first day of May following.

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

Districts 2, 3, 4, and 6

In effect

[Assembly Bill No. 173–Messrs. Lattin and Smith]

Chap. 125–An Act to amend section 29 of “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, as amended by the Statutes of 1933, page 283.

[Approved March 23, 1937]

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

      Section 29.  It shall be unlawful for any person to fish in or from the waters of Pyramid lake in district No. 1, Lahontan lake in districts Nos. 2 and 11, Topaz lake in district No. 11, and Walker lake in district No. 12 between the dates of the first day of October of each year and the first day of March of the following year; 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 1 and December 15, both dates included, and any Indian over sixteen years of age may be allowed to have twenty-five pounds or twenty-five fish in the same manner and for the same purpose as provided in section 31 of this act.

Fishing in Pyramid, Topaz, and Walker lakes, when lawful; proviso

Districts Nos. 7 to 17

In effect

day of March of the following year; 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 1 and December 15, both dates included, and any Indian over sixteen years of age may be allowed to have twenty-five pounds or twenty-five fish in the same manner and for the same purpose as provided in section 31 of this act.

      It shall be unlawful for any person to fish in any waters of districts No. 7 to No. 17, inclusive, except as otherwise provided for in this section, between the dates of October 1 of each year and the first day of April of the following year.

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

Maternal and child health service

[Senate Bill No. 72–Senator Sawyer]

Chap. 126–An Act making the state board of health the state health agency for extending and improving the health of mothers and children in conjunction with the federal government and providing state financial participation therein; providing the powers and duties of such agency and of the secretary thereof; making an appropriation therefor; and other matters properly relating thereto.

[Approved March 23, 1937]

      Whereas, The Congress of the United States in part 1 of title V of the federal social security act, approved August 14, 1935, has provided federal aid to states for the purpose of providing maternal and child health services; and

      Whereas, Such federal law requires the states to provide state agencies for the purpose of administering the federal and state-aid programs for such maternal and child health service; and

      Whereas, The state board of health of this state is a state agency suitable for the administration of such aid for maternal and child health services; and

      Whereas, The federal law requires reasonable state financial participation in the maternal and child health program; therefore,

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

Assembly, do enact as follows:

      Section 1.  The state board of health, as now or as may hereafter be constituted by the laws of this state, is hereby designated as the agency of this state to administer a maternal and child health program, and to supervise the administration of those services included in said program which are not administered directly by it.

designated as the agency of this state to administer a maternal and child health program, and to supervise the administration of those services included in said program which are not administered directly by it. The purpose of such program shall be to develop, extend, and improve health services and to provide for development of demonstration services in needy areas for mothers and children.

      Sec. 2.  The state board of health is hereby empowered and authorized to formulate, adopt and administer a detailed plan or plans for the purposes specified in section 1 of this act, and make and adopt all such rules and regulations not inconsistent with the provisions of this act or of the federal social security act, as are or may be necessary for the administration of such plan or plans and the administration of this act. Such plan or plans and said rules and regulations when formulated shall be submitted to the chief of the maternal and child health division of the children’s bureau of the United States department of labor for approval, and when approved by him shall thereupon be made effective by said board for the purposes of this act. Such plan or plans shall in any event include therein provisions for:

      (1) Financial participation by this state;

      (2) Administration of such plan or plans by the state board of health, and supervision by such board of the administration of such services included in the plan or plans which are not administered directly by such board;

      (3) Such methods of administration as are necessary for efficient operation of such plan or plans;

      (4) Maintenance of records and preparation, submission and filing of reports of services rendered;

      (5) Cooperation with medical, health, nursing, and welfare groups and organizations, for the purpose of extending and improving local maternal and child health;

      (6) Receiving, and expending in the manner provided in this act, in accordance with such plan or plans, all funds made available to the state board of health by the federal government, the state or its political subdivisions, or from any other source, for such purposes;

      (7) Cooperating with the federal government, through its appropriate agency or instrumentality, in developing, extending, and improving such services, and in the administration of such plan or plans, and development of demonstration services in needy areas among groups in special need;

      (8) Carrying out the purposes specified in section 1 of this act.

      Sec. 3.  The secretary of the state board of health, being the executive officer of such board and being the state registrar of vital statistics, shall be the administrative officer of such board with respect to the administration and enforcement of the provisions of this act and of said plan or plans formulated and adopted for the purposes of this act, and all said rules and regulations necessary thereto and adopted by said board.

State board of health state agency

Powers and duties of state board of health

Secretary state board of health administrative officer

Duties of secretary

State treasurer custodian of funds

Appropriation, $2,000

of such board with respect to the administration and enforcement of the provisions of this act and of said plan or plans formulated and adopted for the purposes of this act, and all said rules and regulations necessary thereto and adopted by said board. Such secretary is hereby empowered and directed to administer and enforce all rules and regulations adopted by said board for the efficient operation of such plan or plans formulated by said board for the purposes of this act. The secretary shall maintain his office in Carson City, Nevada, or elsewhere in said state as directed by said board, and keep therein all records, reports, papers, books and documents pertaining to the subjects of this act, and, when directed so to do by the terms of the plan or plans perfected, or by the said board, he shall provide in such places within the state such medical, surgical or other agency or agencies as may be necessary to carry out the provisions of such plan or plans and of this act. The secretary shall, from time to time as directed by the secretary of labor of the United States department of labor, make such reports, in such form and containing such information concerning the subjects of this act, as such secretary of labor shall require.

      The secretary shall from time to time, pursuant to the rules and regulations of the said secretary of labor and of the secretary of the treasury of the United States, requisition and cause to be deposited with the state treasurer of this state all moneys allotted to this state by the federal government for the purposes of this act, and said secretary shall cause to be paid out of the state treasury said moneys therein deposited for the purposes of this act as hereinafter provided.

      Sec. 4.  The state treasurer of this state is hereby made custodian of all moneys appropriated by this state, allotted to this state by the federal government, or received by this state from other sources, for the purposes of this act. The state treasurer shall receive said moneys and keep them in a special fund to be known as the “Maternal and Child Health Service Fund,” and may deposit said moneys in a bank or banks in the same manner as other state moneys are deposited. All claims and demands against said fund shall be paid only upon the secretary of the state board of health certifying said claims and demands in proper vouchers to the state controller who shall thereupon draw his warrant or warrants therefor and the state treasurer shall pay the same.

      Sec. 5.  For the purpose of carrying out the provisions of this act and to provide for state participation with the federal government in the maternal and child health service program, there is hereby appropriated for the biennium beginning July 1, 1937, and ending June 30, 1939, out of any moneys in the state treasury not otherwise appropriated, the sum of two thousand ($2,000) dollars.

any moneys in the state treasury not otherwise appropriated, the sum of two thousand ($2,000) dollars.

      Sec. 6.  This act shall be effective from and after July 1, 1937.

In effect

[Senate Bill No. 67–Senator Cobb]

Chap. 127–An Act providing for the creation of a state welfare department; defining the powers and duties of such department; providing means of cooperation with the federal government and with the counties of Nevada in all matters concerning public assistance to needy individuals; authorizing the administration of funds appropriated or made available to said state welfare department; outlining the duties and authority of the state department and of the officers and employees of that department; making an appropriation for the support thereof; repealing all acts and parts of acts in conflict herewith; and other matters relating thereto.

[Approved March 23, 1937]

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

Assembly, do enact as follows:

      Section 1.  Definitions.  As used in this act “State Department” means the state welfare department; “State Board” means the state board of relief, work planning and pension control, which shall serve as the board of said department; “County Board” means the regularly and duly elected board of county commissioners of each of the several Nevada counties.

      Sec. 2.  State Welfare Department.  There is hereby created a state welfare department which shall consist of the state board of relief, work planning and pension control, and such officers and employees as the state board, with the approval of the governor, may designate, and which is hereby authorized to exercise direct supervision of the administration of old-age assistance or pensions, aid to dependent children, aid to the blind, child welfare, and such other welfare activities and services as may be vested in it by law.

      Sec. 3.  Duties of the State Board.  The state board shall supervise all actions of the state department and shall have authority to formulate all policies, and adopt all rules and regulations for the government of the state department. The state board shall have the power and it shall be its duty to fix minimum standards of services and personnel based upon training, experience and general ability for persons selected for positions in the state department.

      The state board is hereby charged with the supervision of all welfare activities of the state as hereinafter provided, and shall:

Definitions

State welfare department

Duties of the state board

Duties of the state board

Duties of the secretary of the state board

State board to appoint personnel

all welfare activities of the state as hereinafter provided, and shall:

      (1) Have final supervision of the administration of all public assistance, including old-age assistance, as defined in title I of the social security act; aid to dependent children, as defined in title IV of the social security act; aid to the blind, as defined in title X of the social security act; and such other welfare activities and services as may be vested in it by law;

      (2) Supervise all child welfare services as defined in part 3 of title V of the social security act, and cooperate with the federal government in establishing, extending, and strengthening child welfare services;

      (3) Provide supervisory and advisory services to county governments in the effective administration of public welfare functions and the compilation of statistics and necessary information relative to public welfare problems throughout the state;

      (4) Assist and cooperate with other departments, agencies and institutions of the state and federal government, when so requested, by performing services in conformity with the purposes of this act;

      (5) Act as the single state agency of the State of Nevada and of the several counties of the state in the supervision and/or administration of federal funds granted to the state to aid in the furtherance of any activities and services above set forth.

      (6) Supervise the administration of such additional welfare activities and services as shall be vested in it by law.

      Sec. 4.  Duties of the Secretary of the State Board.  The secretary of the state board shall be the executive officer of the state department. The secretary shall discharge all administrative and executive duties and responsibilities of the state department in the interim between meetings of the state board, subject to the approval of the state board.

      The secretary shall prepare and submit to the state board for its approval a biennial budget of all funds necessary to be appropriated by the legislature for the state department for the purposes of this act, including in such budget an estimate of federal funds which may be allotted to the state by the federal government for the purposes of this act. He shall prepare annually a full report of the operations and administration of the state department, together with recommendations and suggestions, and such report shall be submitted to the governor of Nevada not later than three months after the close of the fiscal year.

      The state board, subject to the approval of the governor, shall appoint such personnel as may be necessary for the efficient performance of the duties prescribed in this act.

      Sec. 5.  Duties of the County Boards.  The boards of county commissioners of the several counties shall make necessary provision to maintain necessary welfare services, including payment of compensation and the traveling expenses of county employees engaged exclusively in the performance of welfare services as provided by law, and for the payment of expenses contingent thereto during the present fiscal year may transfer available funds from any other existing county fund.

      Sec. 6.  State Appropriation.  For carrying out the duties and obligations of the state department in the performance of public welfare services of the state as provided for in this act until July 1, 1937, and to pay the compensation of the necessary personnel of said state department as provided for in this act, and their necessary traveling expenses and their subsistence and the other necessary expenses of said department, as provided by law, there is hereby appropriated from any moneys in the state treasury not otherwise appropriated the sum of twelve hundred dollars ($1,200), and for the biennium ending June 30, 1939, there is hereby appropriated out of any money in the state treasury not otherwise appropriated the sum of fifteen thousand dollars ($15,000). All moneys appropriated under this act shall be placed in a fund in the state treasury and designated “State Welfare Fund”; and disbursements for the purpose of this act shall be made upon claims duly filed, audited, and allowed in the same manner as other moneys in the state treasury are disbursed.

      Sec. 7.  Short Title.  This act may be cited as “State Welfare Act.”

      Sec. 8.  Severability.  If any provision of the act or application thereof to any person or circumstance is held unconstitutional, such holding shall not affect other provisions or application of the act which can be given effect without the unconstitutional provisions or application, and to this end the provisions of this act are declared to be severable.

      Sec. 9.  Except as modified by this act, chapter 138, 1935 Nevada Statutes, shall remain in full force and effect, but any part or parts of said chapter 138 or any other law or laws of the State of Nevada in conflict with any part of parts of this act are hereby repealed.

      Sec. 10.  This act shall become effective from and after passage and approval.

Duties of the county boards

State appropriation

Short title

Severability

Repeal

In effect

Transfer of moneys authorized from county general fund for old-age assistance

Insufficient funds to be supplied by bond issue

[Assembly Bill No. 231–Committee on Labor]

Chap. 128–An Act authorizing the board of county commissioners of each of the several counties in the State of Nevada to transfer surplus money from the county general fund and county indigent fund to the county old-age assistance fund; authorizing each county to issue bonds for the purpose of paying the county’s obligation under the “Nevada Old-Age Assistance Act”; authorizing a tax levy for the redemption of said bonds and to pay interest thereon; and other matters relating thereto; and repealing all acts or parts of acts in conflict therewith.

[Approved March 23, 1937]

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

Assembly, do enact as follows:

      Section 1.  The board of county commissioners of each county in the state is hereby authorized and empowered to direct the county auditor and county treasurer of its county to transfer from the county general fund and from the county indigent fund of said county such surplus money as may exist in said funds, or either of them, to a new fund created under and by virtue of the provisions of the “Nevada Old-Age Assistance Act,” chapter ..............., 1937 Statutes of Nevada, page ..............., the same being senate bill No. 56, known as and called in said act county old-age assistance funds. The county treasurer and auditor are hereby empowered to make such transfer of money as may be directed by the said board of county commissioners. The board of county commissioners shall not order a transfer as is herein authorized after the date of the first regular meeting of said board in the month of March 1938.

      Sec. 2.  The board of county commissioners of each county in the State of Nevada is hereby authorized and empowered and it is hereby made the mandatory duty of each of said boards in the event that there is not sufficient money in the county old-age assistance fund to pay the county’s obligations under the “Nevada Old-Age Assistance Act” between the date the said “Nevada Old-Age Assistance Act” becomes effective and the 5th day of April 1938, to issue bonds in the name of the county in a sufficient sum to enable the said county to pay said county’s obligations as fixed and determined under the provisions of the said “Nevada Old-Age Assistance Act.”

      Sec. 3.  In the event that it becomes necessary for a county to issue bonds under this act, such bonds shall be issued under and by the authority of a resolution of the board of county commissioners setting forth the need and the necessity of the issuance of said bonds and directing such bonds to be issued under the authority invested in it by this act.

bonds to be issued under the authority invested in it by this act. Said bonds may be in such a denomination as may be fixed by the said board of county commissioners and shall bear interest at not to exceed the rate of three (3%) percent per annum payable in lawful money of the United States on the first day of January and the first day of July of each year and shall be callable at any time at par, plus accrued interest. The term of said bonds shall not exceed twenty (20) years and sufficient of said bonds shall be redeemed annually, beginning with July 1, 1939, as will permit the full issue to be retired in twenty (20) years or less from the date of the issuance of said bonds. Said bonds shall be issued without calling an election therefor and shall be sold at not less than par either at private or public sale, and all general statutes relating to the sale of bonds by counties shall be and the same are hereby waived with respect to the specific issue of bonds provided for under this act. Said bonds when issued shall be signed and executed by the county acting by and through its board of county commissioners.

      Sec. 4.  The state board of finance is hereby authorized to buy said county bonds issued in pursuance of the provisions of this act, at not less than par, with money available for investment from any fund under its control.

      Sec. 5.  The board of county commissioners of each county issuing bonds under the provisions of this act shall levy a special tax on all taxable property in the county, both real and personal, including net proceeds of mines, each year beginning with the first day of January 1937, in a sufficient sum to pay the interest on each bond and shall, in addition thereto, levy a like tax in an amount sufficient to retire annually the minimum number of bonds required to be redeemed by this act and by the resolution of the board of county commissioners. The proceeds of said taxes shall be deposited in a fund to be known as and called the “County Old-Age Assistance Bond Interest and Redemption Fund” and the interest on said bonds and moneys paid for redemption of bonds shall be paid from said “Old-Age Assistance Bond Interest and Redemption Fund.” In the event that any such board of county commissioners has failed or hereafter fails to levy the tax herein specified, the state tax commission is hereby authorized and directed to determine the rate of taxes for such county for the purpose of paying interest and redeeming said bonds and to add the same to the county tax levy, and it is hereby made the duty of the county treasurer to collect the said tax and to deposit the proceeds of said tax in the fund herein created and designated as the “County Old-Age Assistance Bond Interest and Redemption Fund.”

Bond issue to be by resolution of board of county commissioners

State board of finance to buy bonds

Special tax to redeem bonds

Proceeds of bond issue to be placed in special fund

Faith of state pledged

Repeal

In effect; proviso

      Sec. 6.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed nor the taxation hereby imposed be omitted until all of the bonds and coupons issued under and by virtue hereof shall have been paid in full as in this act provided.

      Sec. 7.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 8.  This act when passed and approved shall become effective only upon the contingency that the “Nevada Old-Age Assistance Act” becomes a law of this state and the effective date of this act shall be the effective date of said “Nevada Old-Age Assistance Act.”

Declaration of public policy of state

[Assembly Bill No. 93–Committee on Labor]

Chap. 129–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; and other matters relating thereto.

[Approved March 23, 1937]

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

Assembly, do enact as follows:

      Declaration of Public Policy of State.  As a guide to the interpretation and application of this act, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is a serious menace to the health, welfare, and morals of the people of this state. Involuntary unemployment is therefore a subject of general interest and concern which requires appropriate action by the legislature to prevent its spread and to lighten its burden which now so often falls with crushing force upon the unemployed worker and his family. It is felt that the problem of unemployment can better be met by the so-called compulsory unemployment compensation plan than it is now handled by the barren actualities of poor relief assistance backed by compulsory contribution through taxation. The legislature therefore declares that in its considered judgment the public good and well-being of the wage earners of this state require the enactment of this measure under the police powers of the state for the compulsory setting aside of financial reserves for the benefit of persons unemployed through no fault of their own.

reserves for the benefit of persons unemployed through no fault of their own.

      Section 1.  Short Title.  This act shall be known and may be cited as the “Unemployment Compensation Law.”

Definitions

      Sec. 2.  As used in this act, unless the context clearly requires otherwise-

      (a) “Base period” means the period beginning with the first day of the nine completed calendar quarters immediately preceding the first day of an individual’s benefit year and ending with the last day of the next to the last completed calendar quarter immediately preceding any week with respect to which benefits are payable.

      (b) “Benefits” means the money payments payable to an individual, as provided in this act, with respect or his unemployment.

      (c) “Benefit year,” with respect to any individual, mean the fifty-two consecutive week period beginning with the first day of the week with respect to which benefits are first payable to him, and thereafter the fifty-two consecutive week period beginning with the first day of the first week with respect to which benefits are next payable to him after the termination of his last preceding benefit year.

      (d) “Contributions” means the money payments to the state unemployment compensation fund required by this act.

      (e) “Calendar quarter” means the period of three consecutive calendar months ending on March 31, June 30, September 30, or December 31, excluding, however, any calendar quarter or portion thereof which occurs prior to January 1, 1938, or the equivalent thereof as the commissioner may by regulation prescribe.

      (f) “Commissioner” means the labor commissioner of the State of Nevada.

      (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 establishment 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 an 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.

Short title

Definitions-

Base period

Benefits

Benefit year

Contributions

Calendar quarter

Commissioner

Employing unit

Employer

Employment

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 in each of twenty different weeks within either the current or the preceding calendar year (whether or not such weeks are or were consecutive) has or had in employment one or more individuals (irrespective of whether the same individuals are or were employed in each such week);

      (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 employing unit which acquired the organization, trade or business, or substantially all the assets thereof, of another employing unit (not an employer subject to this act) and which, if subsequent to such acquisition it were treated as a single unit with such other employing unit, would be an employer under paragraph (1) of this subsection;

      (4) Any employing unit which, having become an employer under paragraph (1), (2) or (3) has not, under section 8, ceased to be an employer subject to this act; or

      (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.

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 services 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

      (C) Such individual is customarily engaged in an independently established trade, occupation, profession, or business.

      (6) The term “Employment” shall not include:

      (1) Agricultural labor;

      (2) Domestic service in a private home;

      (3) Service performed as an officer or member of the crew of a vessel on the navigable waters of the United States;

      (4) 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;

      (5) 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;

      (6) Service performed in the employ of this state, or of any political subdivision thereof, or of an instrumentality of this state or its political subdivisions;

      (7) 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

Employment shall not include

Employment shall not include

Employment office

Fund

State

Total and partial unemployment

When partially employed

What wage include

Week of employment defined

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;

      (8) Service with respect to which unemployment compensation is payable under an 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 of Congress, which agreements 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 of Congress, or who have, after acquiring potential right to unemployment compensation under such act of Congress, acquired rights to benefits under this act.

      (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) “Total and partial unemployment.”  (1) An individual shall be deemed “totally unemployed” in any week during which he performs no services and with respect to which no wages are payable to him.

      (2) An individual shall be deemed “partially unemployed” in any week of less than full-time work if his wages payable for such week fail to equal $2 more than the weekly benefit amount he would be entitled to receive if totally unemployed and eligible.

      (3) As used in this subsection, the term “wages” shall include only that part of remuneration for odd jobs or subsidiary work, or both, which is in excess of $3 in any one week, and the term “services” shall not include that part of odd jobs or subsidiary work, or both, for which remuneration equal to or less than $3 in any one week is payable.

      (4) An individual’s week of unemployment shall be deemed to commence only after his registration at an employment office, except as the commissioner may by regulation otherwise prescribe.

      (n) “Wages” means all remuneration payable for personal services, including commissions and bonuses and the cash value of all remuneration payable in any medium other than cash.

value of all remuneration payable in any medium other than cash. 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.

      (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) “Director” means the director of the unemployment compensation division.

Benefits

      Sec. 3.  (a) Payment of Benefits.  Twenty-four months after the date when contributions first accrue under this act, benefits shall become payable from the fund. All benefits shall be paid through employment office, in accordance with such regulations as the commissioner may prescribe.

      (b) Weekly Benefit Amount for Total Unemployment.  Each eligible individual who is totally unemployed in any week shall be paid, with respect to such week, benefits at the rate of fifty per centum of his full-time weekly wages but not more than fifteen dollars per week, nor less than either seven dollars or three-fourths of his full-time weekly wage, whichever is the lesser.

      (c) Weekly Benefit for Partial Unemployment.  Each eligible individual who is partially unemployed in any week shall be paid with respect to such week a partial benefit. Such partial benefit shall be an amount which if added to his wages, as used in section 2 (m) for such week, would exceed his weekly benefit amount by $2. If such partial benefits for any week equals less than $2, it shall not be payable unless and until the accumulated total of such partial benefits with respect to weeks occurring within the thirteen preceding weeks equals $2 or more.

      (d) Determination of Full-Time Weekly Wage.  (1) The full-time weekly wage of any individual means the weekly wages that such individual would receive if he were employed at the most recent wage rate earned by him for employment by an employer during the period prescribed pursuant to paragraph (3) of this subsection, and for the customary scheduled full-time weekly hours prevailing for his occupation in the enterprise in which he last earned wages for employment by an employer during the same period.

      (2) If the commissioner finds that the full-time weekly wage, as above defined, would be unreasonable or arbitrary or not readily determinable with respect to any individual, the full-time weekly wage of such individual shall be deemed to be one-thirteenth of his total wages for employment by employers during that quarter in which such total wages were highest during the period prescribed pursuant to paragraph (3) of this subsection.

Wages defined

Week

Weekly benefit amount

Director

Payment of benefits

Weekly benefit amount for total unemployment

Weekly benefit for partial unemployment

Determination of full-time weekly wage

Duration of benefits

Part-time workers

Benefit eligibility conditions

employers during that quarter in which such total wages were highest during the period prescribed pursuant to paragraph (3) of this subsection.

      (3) The full-time weekly wage of any individual shall be determined and redetermined at such reasonable times as the commissioner may find necessary to administer this act and may by regulation prescribe. The period hereinabove referred to shall consist of the next to the last completed calendar quarter immediately preceding the date with respect to which an individual’s full-time weekly wage is determined, and such of the seven immediately preceding consecutive calendar quarters as the commissioner may by regulation prescribe.

      (e) Duration of Benefits.  The commissioner shall compute wage credits for each individual by crediting him with the wages earned by him for employment by employers during each quarter, or $390, whichever is the lesser. Benefits paid to any eligible individual shall be charged, in the same chronological order as such wages were earned, against one-sixth of his wage credits which are based upon wages earned during his base period and which have not been previously charged hereunder. The maximum total amount of benefits payable to any eligible individual during any benefit year shall not exceed whichever is the lesser of (1) eighteen times his weekly benefit amount, and (2) one-sixth of such uncharged wage credits with respect to his base period.

      (f) Part-Time Workers.  (1) As used in this subsection the term “part-time worker” means an individual whose normal work is in an occupation in which his services are not required for the customary scheduled full-time hours prevailing in the establishment in which he is employed, or who, owing to personal circumstances, does not customarily work the customary scheduled full-time hours prevailing in the establishment in which he is employed.

      (2) The commissioner shall prescribe fair and reasonable general rules applicable to part-time workers for determining their full-time weekly wage and the total wages for employment by employers required to qualify such workers for benefits. Such rules shall, with respect to such workers, supersede any inconsistent provisions of this act, but, so far as practicable, shall secure results reasonably similar to those provided in the analogous provisions of this act.

Benefit Eligibility Conditions

      Sec. 4.  An unemployed individual shall be eligible to receive benefits with respect to any week only if the commissioner finds that-

      (a) He has registered for work at and thereafter has continued to report at an employment office in accordance with such regulations as the commissioner may prescribe.

      (b) He has made a claim for benefits in accordance with the provisions of section 6 (a) of this act.

      (c) He is able to work, and is available for work.

      (d) Prior to any week for which he claims benefits he has been totally unemployed for a waiting period of two weeks (and for the purposes of this subsection, two weeks of partial unemployment shall be deemed to be equivalent to one week of total unemployment). Such weeks of total or partial unemployment or both need not be consecutive. No week shall be counted as a week of total unemployment for the purposes of this subsection:

      (1) Unless it occurs within the thirteen consecutive weeks preceding the week for which he claims benefits; provided, that this requirement shall not interrupt the payment of benefits for consecutive weeks of unemployment; and provided further, that no individual shall be required to accumulate more than five waiting period weeks during any sixty-five consecutive week-period;

      (2) If benefits have been paid with respect thereto;

      (3) Unless the individual was eligible for benefits with respect thereto in all respects except for the requirements of subsections (b) and (e) of this section;

      (4) Unless it occurs after benefits first could become payable to any individual under this act.

      (e) He has within the first three out of the last four completed calendar quarters immediately preceding the first day of his benefit year, earned wages for employment by employers equal to not less than sixteen times his weekly benefit amount.

Disqualification for Benefits

      Sec. 5.  An individual shall be disqualified for benefits-

      (a) For the week in which he has left work voluntarily without good cause, if so found by the commissioner, and for not more than the five weeks which immediately follow such week, as determined by the commissioner according to the circumstances in each case.

      (b) For the week in which he has been discharged for misconduct connected with his work, if so found by the commissioner, and for not more than the five weeks which immediately follow such week, 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, or to return to his customary self-employment (if any) when so directed by the commissioner. Such disqualification shall continue for the week in which such failure occurred and for not more than the five weeks which immediately follow such week as determined by the commissioner according to the circumstances in each case.

Exception

Disqualification for benefits

Suitability of work to be determined by commissioner

Exception

such week 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, and the distance of the available work from his residence.

      (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.

      (d) For any week with respect to which the commissioner finds that his total or partial unemployment is due to a stoppage of work which exists because of a labor dispute 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 the stoppage of work; and

      (2) He does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in or financing or directly interested in the 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 he is receiving or has received remuneration in the form of-

      (1) Wages in lieu of notice;

      (2) Compensation for temporary partial disability under the workmen’s compensation law of any state or under a similar law of the United States; or

      (3) Old-age benefits under title II of the social security act, as amended, or similar payments under any act of Congress;

act, as amended, or similar payments under any act of Congress;

      Provided, that if such remuneration is less than the benefits which would otherwise be due under this act, he shall be entitled to receive for such week, if otherwise eligible, benefits reduced by the amount of such remuneration.

Claims for Benefits

      Sec. 6.  (a) Filing.  Claims for benefits shall be made in accordance with such regulations as the commissioner may prescribe. Each employer shall post and maintain printed statements of such regulations in places readily accessible to individuals in his service, and shall make available to each such individual, at the time he becomes unemployed, a printed statement of such regulations. Such printed statements shall be supplied by the commissioner to each employer without cost to him.

      (b) Initial Determination.  A representative designated by the commissioner, who may also be the manager of an employment office, and hereinafter referred to as a deputy, shall promptly examine the claim and, on the basis of the facts found by him, shall either determine whether or not such claim is valid, and if valid, the week with respect to which benefits shall commence, the weekly benefit amount payable and the maximum duration thereof, or shall refer such claim or any question involved therein to an appeal tribunal, which shall make its decision with respect thereto in accordance with the procedure described in subsection (c) of this section, except that in any case in which the payment or denial of benefits will be determined by the provisions of section 5(d) of this act, the deputy shall promptly transmit his full findings of fact with respect to that subsection to the commissioner, who, on the basis of the evidence submitted and such additional evidence as he may require, shall affirm, modify, or set aside such findings of fact and transmit to the deputy a decision upon the issues involved under that subsection, which shall be deemed the decision of the deputy. The deputy shall promptly notify the claimant and any other interested parties of the decision and the reason therefor; the deputy may for good cause reconsider his decision and shall promptly notify the claimant and such other interested parties of his amended decision and the reasons therefor. Unless the claimant or any such interested party, within five calendar days after the delivery of the deputy’s notification, or within seven calendar days after such notification was mailed to his last-known address, files an appeal from such decision, such decision shall be final and benefits shall be paid or denied in accordance therewith. If an appeal is duly filed, benefits with respect to the period prior to the final decision of the board of review shall be paid only after such decision; provided, that if an appeal tribunal affirms a decision of a deputy, or the board of review affirms a decision of an appeal tribunal, allowing benefits, such benefits shall be paid regardless of any appeal which may thereafter be taken, but if such decision is finally reversed, no employer’s account shall be charged with benefits so paid.

Claims for benefits-Filing

Initial determination

Appeals

Appeal tribunals

Board of review

such decision; provided, that if an appeal tribunal affirms a decision of a deputy, or the board of review affirms a decision of an appeal tribunal, allowing benefits, such benefits shall be paid regardless of any appeal which may thereafter be taken, but if such decision is finally reversed, no employer’s account shall be charged with benefits so paid.

      (c) Appeals.  Unless such appeal is withdrawn, an appeal tribunal, after affording the parties reasonable opportunity for fair hearing, shall affirm or modify the findings of fact and decision of the deputy. The parties shall be duly notified of such tribunal’s decision, together with its reasons therefor, which shall be deemed to be the final decision of the board of review, unless within ten days after the date of notification or mailing of such decision, further appeal is initiated pursuant to subsection (e) of this section.

      (d) Appeal Tribunals.  To hear and decide disputed claims, the board of review shall appoint one or more impartial appeal tribunals consisting in each case of either a salaried examiner, selected in accordance with section 11(d) of this act, or a body consisting of three members, one of whom shall be a salaried examiner, who shall serve as chairman, one of whom shall be a representative of employers and the other of whom shall be a representative of employees; each of the latter two members shall serve at the pleasure of the board of review and be paid a fee of not more than $10 per day of active service on such tribunal, plus necessary expenses. No person shall participate on behalf of the commissioner or the board of review in any case in which he is an interested party. The board of review may designate alternates to serve in the absence or disqualification of any member of an appeal tribunal. The chairman shall act alone in the absence or disqualification of any other member and his alternates. In no case shall the hearings proceed unless the chairman of the appeal tribunal is present. The commissioner shall provide the board of review and such appeal tribunals with proper facilities and assistants for the execution of their functions.

      (e) Board of Review.  The board of review may on its own motion affirm, modify, or set aside any decision of an appeal tribunal on the basis of the evidence previously submitted in such case, or direct the taking of additional evidence, or may permit any of the parties to such decision to initiate further appeals before it. The board of review shall permit such further appeal by any of the parties interested in a decision of an appeal tribunal which is not unanimous and by the deputy whose decision has been overruled or modified by an appeal tribunal. The board of review may remove to itself or transfer to another appeal tribunal the proceedings on any claim pending before an appeal tribunal.

Any proceeding so removed to the board of review shall be heard by the board of review, or in the absence or disqualification of any partisan member by the impartial member acting alone in accordance with the requirements of subsection (c) of this section. The board of review shall promptly notify the interested parties of its findings and decision.

      (f) Procedure.  The manner in which disputed claims shall be presented and the conduct of hearings and appeals shall be in accordance with regulations prescribed by the board of review for determining the rights of the parties, whether or not such regulations conform to common law or statutory rules of evidence and other technical rules of procedure. A full and complete record shall be kept of all proceedings in connection with a disputed claim. All testimony at any hearing upon a disputed claim shall be recorded, but need not be transcribed unless the disputed claim is further appealed.

      (g) Witness Fees.  Witnesses subpenaed pursuant to this section shall be allowed fees at a rate fixed by the commissioner. Such fees shall be deemed a part of the expense of administering this act.

      (h) Appeal to Courts.  Any decision of the board of review in the absence of an appeal therefrom as herein provided shall become final ten days after the date of notification or mailing hereof, and judicial review thereof shall be permitted only after any party claiming to be aggrieved thereby has exhausted his administrative remedies as provided by this act. The commissioner shall be deemed to be a party to any judicial action involving any such decision, and may be represented in any such judicial action by any qualified attorney employed by the commissioner and designated by him for that purpose, or at the commissioner’s request by the attorney-general.

      (i) Court Review.  Within ten days after the decision of the board of review has become final, any party aggrieved thereby may secure judicial review thereof by commencing an action in the district court of the county wherein the disputed claim or claims were filed, against the commissioner for the review of such decision, in which action any other party to the proceeding before the board of review shall be made a defendant. In such action, a petition which need not be verified, but which shall state the grounds upon which a review is sought, shall be served upon the commissioner, or upon such person as the commissioner may designate and such service shall be deemed completed service on all parties, but there shall be left with the party so served as many copies of the petition as there are defendants, and the commissioner shall forthwith mail one copy to each such defendant.

Procedure

Witness fees

Appeal to courts

Court review

Court review

Contributions-Payment

Rate of contribution

defendant. With his answer, the commissioner shall certify and file with said court all documents and papers and a transcript of all testimony taken in the matter, together with the board of review’s findings of fact and decision therein. The commissioner may also, in his discretion, certify to such court questions of law involved in any decision. In any judicial proceeding under this section, the findings of the board of review as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of said court shall be confined to questions of law. Such actions, and the questions so certified, shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under the workmen’s compensation law of this state. An appeal may be taken from the decision of such district court to the supreme court of Nevada, in the same manner, but not inconsistent with the provisions of this act, as is provided in civil cases. It shall not be necessary, in any judicial proceeding under this section, to enter exceptions to the rulings of the board of review, and no bond shall be required for entering such appeal. Upon the final determination of such judicial proceeding, the board of review shall enter an order in accordance with such determination. A petition for judicial review shall not act as a supersedeas or stay unless the board of review shall so order.

Contributions

      Sec. 7.  (a) Payment.  (1) On and after January 1, 1937, contributions shall accrue and become payable by each employer for each calendar year in which he is subject to this act, with respect to wages payable for employment occurring during such calendar year. Such contribution 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, 1942, 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.

January 1, 1942, 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 sub SECTION 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 for 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 equaling 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.

Period, Election, and Termination of Employer’s Coverage

      Sec. 8.  (a) Any employing unit which is or becomes an employer subject to this act within any calendar year shall be subject to this act during the whole of such calendar year.

      (b) Except as otherwise provided in subsection (c) of this section, an employing unit shall cease to be an employer subject to this act only as of the first day of January of any calendar year only if it files with the commissioner, prior to the fifth day of January of such year, a written application for termination of coverage, and the commissioner finds that there were no twenty different weeks within the preceding calendar year within which such employing unit employed one or more individuals in employment subject to this act. For the purposes of this subsection, the two or more employing units mentioned in paragraph (2) or (3) of section 2(h) shall be treated as a single employing unit.

Future rates based on benefit experience

Period, election, and termination of employer’s coverage

Employing unit, rights of

Unemployment compensation fund-Establishment and control

more employing units mentioned in paragraph (2) or (3) of section 2(h) shall be treated as a single employing unit.

      (c) (1) An employing unit, not otherwise subject to this act, which files with the commissioner its written election to become an employer subject hereto for not less than two calendar years, shall, with the written approval of such election by the commissioner, become an employer subject hereto to the same extent as all other employers, as of the date stated in such approval, and shall cease to be subject hereto as of January 1 of any calendar year subsequent to such two calendar years, only if at least thirty days prior to such 1st day of January, it has filed with the commissioner a written notice to that effect.

      (c) (2) Any employing unit for which services that do not constitute employment as defined in this act are performed, may file with the commissioner a written election that all such services performed by individuals in its employ in one or more distinct establishments or places of business shall be deemed to constitute employment for all the purposes of this act for not less than two calendar years. Upon the written approval of such election by the commissioner, such services shall be deemed to constitute employment subject to this act from and after the date stated in such approval. Such services shall cease to be deemed employment subject hereto as of January 1 of any calendar year subsequent to such two calendar years, only if at least thirty days prior to such 1st day of January such employing unit has filed with the commissioner a written notice to that effect.

Unemployment Compensation Fund

      Sec. 9.  (a) Establishment and Control.  There is hereby established as a special fund, separate and apart from all public moneys or funds of this state, an unemployment compensation fund, which shall be administered by the commissioner exclusively for the purposes of this act. This fund shall consist of (1) all contributions collected under this act, together with any interest thereon collected pursuant to section 14 of this act; (2) interest earned upon any moneys in the fund; (3) any property or securities acquired through the use of moneys belonging to the fund; and (4) all earnings of such property or securities. All moneys in the fund shall be mingled and undivided. All fines and penalties collected pursuant to the provisions of this act shall be paid to the Nevada state school fund.

      (b) Accounts and Deposits.  The state treasurer shall be ex officio the treasurer and custodian of the fund who shall administer such fund in accordance with the directions of the commissioner and shall issue his warrants upon it in accordance with such regulations as the commissioner shall prescribe. He shall maintain within the fund three separate accounts: (1) A clearing account, (2) an unemployment trust fund account, and (3) a benefit account.

accounts: (1) A clearing account, (2) an unemployment trust fund account, and (3) a benefit account. All moneys payable to the fund, upon receipt thereof by the commissioner, shall be forwarded to the treasurer who shall immediately deposit them in the clearing account. Refunds payable pursuant to section 14 of this act may be paid from the clearing account upon warrants issued by the treasurer under the direction of the commissioner. After clearance thereof, all other moneys in the clearing account shall be immediately deposited with the secretary of the treasury of the United States of America to the credit of the account of this state in the unemployment trust fund, established and maintained pursuant to section 904 of the social security act, as amended, any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession of custody of this state to the contrary notwithstanding. The benefit account shall consist of all moneys requisitioned from this state’s account in the unemployment trust fund. Except as herein otherwise provided, moneys in the clearing and benefit accounts may be deposited by the treasurer, under the direction of the commissioner, in any bank or public depositary in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund. The treasurer shall give a separate bond conditioned upon the faithful performance of his duties as custodian of the fund in an amount fixed by the commissioner and in a form prescribed by law or approved by the attorney-general. Premiums for said bond shall be paid from the administration fund.

      (c) Withdrawals.  Moneys shall be requisitioned from this state’s account in the unemployment trust fund solely for the payment of benefits and in accordance with regulations prescribed by the commissioner. The commissioner shall from time to time requisition from the unemployment trust fund such amounts, not exceeding the amounts standing to this state’s account therein, as he deems necessary for the payment of benefits for a reasonable future period. Upon receipt thereof the treasurer shall deposit such moneys in the benefit account and the treasurer shall issue his warrants for the payment of benefits solely from such benefit account. Expenditures of such moneys in the benefit account and refunds from the clearing account shall not be subject to any provisions of law requiring specific appropriations or other formal release by state officers of money in their custody. All warrants issued by the treasurer for the payment of benefits and refunds shall bear the signature of the treasurer and the countersignature of the commissioner or his duly authorized agent for that purpose. Any balance of moneys requisitioned from the unemployment trust fund which remains unclaimed or unpaid in the benefit account after the expiration of the period for which such sums were requisitioned shall either be deducted from estimates for, and may be utilized for the payment of, benefits during succeeding periods, or in the discretion of the commissioner shall be redeposited with the secretary of the treasury of the United States of America, to the credit of this state’s account in the unemployment trust fund, as provided in subsection (b) of this section.

Accounts and deposits

Withdrawals

Management of funds upon discontinuance of unemployment trust fund

Administrative organization-Unemployment compensation division

moneys requisitioned from the unemployment trust fund which remains unclaimed or unpaid in the benefit account after the expiration of the period for which such sums were requisitioned shall either be deducted from estimates for, and may be utilized for the payment of, benefits during succeeding periods, or in the discretion of the commissioner shall be redeposited with the secretary of the treasury of the United States of America, to the credit of this state’s account in the unemployment trust fund, as provided in subsection (b) of this section.

      (d) Management of Funds Upon Discontinuance of Unemployment Trust Fund.  The provisions of subsections (a), (b), and (c) to the extent that they relate to the unemployment trust fund, shall be operative only so long as such unemployment trust fund continues to exist and so long as the secretary of the treasury of the United States of America continues to maintain for this state a separate book account of all funds deposited therein by this state for benefit purposes, together with this state’s proportionate share of the earnings of such unemployment trust fund, from which no other state is permitted to make withdrawals. If and when such unemployment trust fund ceases to exist, or such separate book account is no longer maintained, all moneys, properties, or securities therein, belonging to the unemployment compensation fund of this state, shall be transferred to the treasurer of the unemployment compensation fund, who shall hold, invest, transfer, sell, deposit, and release such moneys, properties, or securities in a manner approved by the commissioner in accordance with the provisions of this act; provided, that such investment shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits. The treasurer shall dispose of securities or other properties belonging to the unemployment compensation fund only under the direction of the commissioner.

Administrative Organization

      Sec. 10.  (a) Unemployment Compensation Division.  There is hereby created under the labor commissioner a division to be known as the unemployment compensation division, which shall be coordinate with the Nevada state employment service. The unemployment compensation division shall be administered by a full-time salaried director, who shall be appointed and whose salary shall be fixed by the governor, but who shall be subject to the supervision and direction of the commissioner. Said unemployment compensation division and the Nevada state employment service division shall each be responsible for the discharge of its distinctive functions. Each division shall be a separate administrative unit with respect to personnel, budget, and duties, except insofar as the commissioner may find that such separation is impracticable.

respect to personnel, budget, and duties, except insofar as the commissioner may find that such separation is impracticable. The commissioner is authorized to prescribe the duties of the director of the unemployment compensation division, and to appoint, fix the compensation of, and prescribe the duties of the director of the Nevada state employment service division in accordance with the provisions of section 12 of this act.

      (b) Board of Review.  Within six months prior to the date when benefits first become payable under this act there shall be created a board of review consisting of three members appointed by the governor for terms of six years, except that the terms of the members first taking office shall be two, four, and six years, respectively, as designated by the governor at the time of appointment, and except that vacancies shall be filled by appointment by the governor for the unexpired terms. One member shall be representative of labor, one member representative of employers, and one of the public. Each member shall be paid from the unemployment administration fund at the rate of ten dollars per day of active service together with actual and necessary traveling expenses. The governor may at any time, after notice and hearing, remove any member of said board for cause.

Administration

      Sec. 11.  (a) Duties and Powers of Commissioner.  It shall be the duty of the commissioner to administer this act; and he shall have power and authority to adopt, amend, or rescind such rules and regulations, to employ (in accordance with subsection (d) of this section) such persons, make such expenditures, require such reports, make such investigations, and take such other action as he deems necessary or suitable to that end. Such rules and regulations shall be effective upon publication in the manner, not inconsistent with the provisions of this act, which the commissioner shall prescribe. The commissioner shall determine his own organization and methods of procedure in accordance with the provisions of this act and shall have an official seal which shall be judicially noticed. Not later than the 1st day of February of each year, the commissioner shall submit to the governor a report covering the administration and operation of this act during the preceding calendar year and shall make such recommendations for amendments to this act as he deems proper. Such reports shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then current contributions, which reserve shall be set up by the commissioner in accordance with accepted actuarial principles on the basis of statistics or employment business activity and other relevant factors for the longest possible period.

Board of review

Administration-Duties and powers of commissioner

Regulations and general and special rules

Publication

Personnel

Duties of merit examination board

or employment business activity and other relevant factors for the longest possible period. Whenever the commissioner believes that a change in contribution of benefit rates will become necessary to protect the solvency of the fund, he shall promptly so inform the governor and the legislature, and make recommendations with respect thereto.

      (b) Regulations and General and Special Rules.  General and special rules may be adopted, amended, or rescinded by the commissioner only after public hearing or opportunity to be heard thereon, of which proper notice has been given. General rules shall become effective ten day after filing with the secretary of state and publication in one or more newspapers of general circulation in this state. Special rules shall become effective ten days after notification to or mailing to the last known address of the individuals or concerns affected thereby. Regulations may be adopted, amended, or rescinded by the commissioner and shall become effective in the manner and at the time prescribed by the commissioner.

      (c) Publication.  The commissioner shall cause to be printed for distribution to the public the text of this act, his regulations and general and special rules, his annual reports to the governor, and any other material he deems relevant and suitable and shall furnish the same to any person upon application therefor.

      (d) Personnel.  (1) Merit Examination Board.  For the purpose of insuring the impartial selection of personnel on the basis of merit, the governor shall appoint a board of three members composed of one representative who, because of his present vocation, employment or affiliations, may fairly be regarded as representative of labor; one representative who, because of his present vocation, employment or affiliations, may fairly be regarded as a representative of employers; and one representative from the faculty of the University of Nevada who shall represent the public. The members of said board shall be paid at the rate of ten ($10) dollars per diem of actual service, plus necessary expenses, and shall serve at the pleasure of the governor.

      (2) Duties of Merit Examination Board.  Subject to other provisions of this act, the board shall provide for the holding of examinations to determine the qualifications of applicants for the positions classified by the director as hereinafter set forth. Within six months of the effective date of this act, said board shall furnish the director with lists of eligible candidates for the positions so classified in the order of their ratings as determined by the examinations. All expenses of the board incident to the holding of such examinations shall be paid from the unemployment administration fund.

      (3) Selection and Delegation of Authority.  Except for temporary appointments not to exceed six months in duration, the director shall select all personnel from eligible lists as provided above. Such selection shall be made either from the first three candidates on the eligible lists or from the highest rating candidate within a radius of sixty miles of the place in which the duties of this position will be performed. Personnel appointed on a temporary basis of not to exceed six months in duration who have passed the merit examinations as provided above, and whose names are certified on the eligible lists furnished to the director by the board, shall retain their positions, if in his opinion their duties have been satisfactorily performed. The director is authorized to fix the compensation and prescribe the duties and powers of such personnel, including such officers, accountants, attorneys, experts and other persons as may be necessary in the performance of the duties under this act, and may delegate to any such persons such power and authority as he deems reasonable and proper for its effective administration. He may, in his discretion, bond any person handling moneys or signing checks thereunder. The director shall classify positions under this act and shall establish salary schedules and minimum personnel standards for the positions so classified. He shall devise and establish fair and reasonable regulations governing promotions, demotions and terminations for cause in accordance with such established personnel practices as will tend to promote the moral and welfare of the organization.

      (e) Advisory Councils.  The commissioner shall appoint a state advisory council and may appoint local or industry advisory councils, composed in each case of an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment, or affiliations, and of such members representing the general public as the commissioner may designate. Such councils shall aid the commissioner in formulating policies and discussing problems related to the administration of this act and in assuring impartiality and freedom from political influence in the solution of such problems. Such advisory councils shall serve without compensation, but shall be reimbursed for any necessary expenses.

      (f) Employment Stabilization.  The commissioner with the advice and aid of advisor councils, and through the appropriate divisions, shall take all appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of vocational training, retraining and vocational guidance; to investigate, recommend, advise, and assist in the establishment and operation, by municipalities, counties, school districts, and the state, of reserves for public works to be used in times of business depression and unemployment; to promote the reemployment of unemployed workers throughout the state in every other way that may be feasible; and to these ends to carry on and publish the results of investigations and research studies.

Selection and delegation of authority

Advisory councils

Employment stabilization

Records and reports

Oaths and witnesses

reserves for public works to be used in times of business depression and unemployment; to promote the reemployment of unemployed workers throughout the state in every other way that may be feasible; and to these ends to carry on and publish the results of investigations and research studies.

      (g) Records and Reports.  Each employing unit shall keep true and accurate work records, containing such information as the commissioner may prescribe. Such records shall be open to inspection and be subject to being copied by the commissioner or his authorized representatives at any reasonable time and as often as may be necessary. The commissioner, the board of review, and the chairman of any appeal tribunal may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which he or the review board deems necessary for the effective administration of this act. Information thus obtained, or obtained from any individual pursuant to the administration of this act, shall, except to the extent necessary for the proper presentation of a claim, be held confidential and shall not be published or be open to public inspection (other than to public employees in the performance of their public duties) in any manner revealing the individual’s or employing unit’s identity, but any claimant (or his legal representative) at a hearing before an appeal tribunal or the board of review shall be supplied with information from such records to the extent necessary for the proper presentation of his claim. Any employee or member of the board of review or any employee of the commissioner who violates any provision of this section shall be fined not less than $20 nor more than $200, or imprisoned for not longer than ninety days, or both.

      (h) Oaths and Witnesses.  In the discharge of the duties imposed by this act, the commissioner, the chairman of an appeal tribunal, the members of the board of review, and any duly authorized representative of any of them shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with a disputed claim or the administration of this act.

      (i) Subpenas.  In case of contumacy by, or refusal to obey a subpena issued to, any person, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the commissioner, the board of review, the chairman of an appeal tribunal, or any duly authorized representative of any of them shall have jurisdiction to issue to such person an order requiring such person to appear before the commissioner, the board of review, the chairman of an appeal tribunal or any duly authorized representative of any of them, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof.

authorized representative of any of them shall have jurisdiction to issue to such person an order requiring such person to appear before the commissioner, the board of review, the chairman of an appeal tribunal or any duly authorized representative of any of them, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof. Any person who shall without just cause fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in his power so to do, in obedience to a subpena of the commissioner, the board of review, the chairman of an appeal tribunal, or any duly authorized representative of any of them, shall be punished by a fine of not less than $200 or by imprisonment for not longer than sixty days, or by both such fine and imprisonment, and each day such violation continues shall be deemed to be a separate offense.

      (j) Protection Against Self-Incrimination.  No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the commissioner, the board of review, the chairman of an appeal tribunal, or any duly authorized representative of any of them, or in obedience to the subpena of any of them in any cause or proceeding before the commissioner, the board of review, or an appeal tribunal, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

      (k) State-Federal Cooperation.  In the administration of this act, the commissioner shall cooperate to the fullest extent consistent with the provisions of this act, with the social security board, created by the social security act, approved August 14, 1935, as amended; shall make such reports, in such form and containing such information as the social security board may from time to time require, and shall comply with such provisions as the social security board may from time to time find necessary to assure the correctness and verification of such reports; and shall comply with the regulations prescribed by the social security board governing the expenditures of such sums as may be allotted and paid to this state under title III of the social security act for the purpose of assisting in the administration of this act.

Subpenas

Protection against self-incrimination

State-federal cooperation

Employment service-State employment service

Financing

allotted and paid to this state under title III of the social security act for the purpose of assisting in the administration of this act.

      Upon request therefor the commissioner shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient’s rights to further benefits under this act.

Employment Service

      Sec. 12.  (a) State Employment Service.  The Nevada state employment service is hereby reestablished under the labor commissioner as a coordinate division with the division of unemployment compensation. The commissioner, through such employment service division, shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this act and for the purposes of performing such duties as are within the purview of the act of Congress entitled “An act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes,” approved June 6, 1933 (48 Stat. 113; U. S. C., title 29, sec. 49 (c), as amended). The provisions of the said act of Congress, as amended, are hereby accepted by this state in conformity with section 4 of said act, and this state will observe and comply with the requirements thereof. It shall be the duty of the commissioner to cooperate with any official or agency of the United States having powers or duties under the provisions of the said act of Congress, as amended, and to do and perform all things necessary to secure to this state the benefits of the said act of Congress, as amended, in the promotion and maintenance of a system of public employment offices. The Nevada labor commissioner is hereby designated and constituted the agency of this state for the purposes of said act. The commissioner is directed to appoint the director, other officers, and employees of the Nevada state employment service. Such appointments shall be made in accordance with regulations prescribed by the director of the United States employment service.

      (b) Financing.  All moneys received by this state under the said act of Congress, as amended, shall be paid into the special “employment service account” in the unemployment compensation administration fund, and said moneys are hereby made available to the commissioner for the Nevada state employment service, to be expended as provided by this section and by said act of Congress. For the purpose of establishing and maintaining free public employment offices, the commissioner is authorized to enter into agreements with any political subdivision of this state, or with any private, nonprofit organization, and as part of any such agreement the commissioner may accept moneys, services, or quarters as a contribution to the employment service account.

any political subdivision of this state, or with any private, nonprofit organization, and as part of any such agreement the commissioner may accept moneys, services, or quarters as a contribution to the employment service account.

Unemployment Compensation Administration Fund

      Sec. 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 for no other purpose whatsoever. 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 and the United States employment service, or from any other source, for such purpose. 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. The state treasurer shall give a separate and additional bond conditioned upon the faithful performance of his duties in connection with the unemployment compensation administration fund in an amount to be fixed by the commissioner and in a form prescribed by law or approved by the attorney-general. The premiums for such bond and the premiums for the bond given by the treasurer of the unemployment compensation fund under section 9 of this act shall be paid from the moneys in the unemployment compensation administration fund.

      (b) Employment Service Account.  A special “employment service account” shall be maintained as a part of the unemployment compensation administration fund for the purpose of maintaining the public employment offices established pursuant to section 12 of this act and for the purpose of cooperating with the United States employment service. There shall be paid into such account the moneys designated in section 12(b) of this act, such moneys as are apportioned for the purposes of this account from any moneys received by this state under title III of the social security act, as amended, and any moneys which may hereafter be appropriated by the state for the Nevada state employment service.

Collection of Contributions

      Sec. 14.  (a) Interest on Past-Due Contributions.  Contributions unpaid on the date on which they are due and payable, as prescribed by the commissioner, shall bear interest at the rate of one per centum per month from and after such date until payment, plus accrued interest, is received by the commissioner.

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at the rate of one per centum per month from and after such date until payment, plus accrued interest, is received by the commissioner. Interest collected pursuant to this subsection shall be paid into the unemployment compensation fund.

      (b) Collection.  If, after due notice, any employer defaults in any payment of contributions or interest thereon, the amount due shall be collected by civil action in the name of the State of Nevada, and the employer adjudged in default shall pay the costs of such action. Civil actions brought under this section to collect contributions or interest thereon from an employer shall be heard by the court at the earliest possible date and shall be entitled to preference upon the calendar of the court over all other civil actions except petitions for judicial review under this act and cases arising under the workmen’s compensation law of this State.

      (c) Priorities Under Legal Dissolutions or Distributions.  In the event of any distribution of an employer’s assets pursuant to an order of any court under the laws of this state, including any receivership, assignment for benefit of creditors, adjudicated insolvency, composition, or similar proceeding, contributions then or thereafter due shall be paid in full prior to all other claims except taxes and claims for wages of not more than $250 to each claimant, earned within six months of the commencement of the proceeding. In the event of an employer’s adjudication in bankruptcy, judicially confirmed extension proposal, or composition, under the federal bankruptcy act of 1898, as amended, contributions then or thereafter due shall be entitled to such priority as is provided in section 64(b) of that act (U. S. C., title 11, sec. 104(b) as amended).

      (d) Refunds.  If not later than one year after the date on which any contributions or interest thereon became due, an employer who has paid such contributions or interest thereon shall make application for an adjustment thereof in connection with subsequent contribution payments, or for a refund thereof because such adjustment cannot be made, and the commissioner shall determine that such contributions or interest or any portion thereof was erroneously collected, the commissioner shall allow such employer to make an adjustment thereof, without interest, in connection with subsequent contribution payments by him, or if such adjustment cannot be made the commissioner shall refund said amount, without interest, from the fund. For like cause and within the same period, adjustment or refund may be so made on the commissioner’s own initiative.

Protection of Rights and Benefits

      Sec. 15.  (a) Waiver of Rights Void.  Any agreement by an individual to waive, release, or commute his rights to benefits or any other rights under this act shall be void.

benefits or any other rights under this act shall be void. Any agreement by any individual in the employ of any person or concern to pay all or any portion of an employer’s contributions, required under this act from such employer, shall be void. No employer shall directly or indirectly make or require or accept any deduction from wages to finance the employer’s contributions required from him, or require or accept any waiver of any right hereunder by any individual in his employ. Any employer or officer or agent of an employer who violates any provision of this subsection shall, for each offense, be fined not less than $100 nor more than $1,000, or be imprisoned for not more than six months, or both.

      (b) Limitation of Fees.  No individual claiming benefits shall be charged fees of any kind in any proceeding under this act by the board of review, the commissioner or its or his representatives, or by any court or officer thereof. Any individual claiming benefits in any proceeding before the commissioner or the board of review, or his or its representatives, or a court, may be represented by counsel or other duly authorized agent. Any person, firm, or corporation who shall exact or receive any remuneration or gratuity for any services rendered on behalf of a claimant except as allowed by this section and in an amount approved by the board of review shall be fined for each such offense not less than $50 nor more than $500, or imprisonment for not more than six months or both. Any person, firm, or corporation who shall solicit the business of appearing on behalf of a claimant or who shall make it a business to solicit employment for another in connection with any claim for benefits under the act shall be fined for each such offense not less than $50 nor more than $500, or imprisoned for not more than six months or both.

      (c) No Assignment of Benefits; Exemptions.  Any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this act shall be void; and such rights to benefits shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debt; and benefits received by any individual, so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts except debts incurred for necessaries furnished to such individual or his spouse or dependents during the time when such individual was unemployed. Any waiver of any exemption provided for in this subsection shall be void.

Penalties

      Sec. 16. (a) Whoever makes a false statement or representation knowing it to be false or knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment under this act, either for himself or for any other person, shall be punished by a fine of not less than $20 nor more than $50, or by imprisonment for not longer than thirty days or by both such fine and imprisonment; and each such false statement or representation or failure to disclose a material fact shall constitute a separate offense.

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material fact, to obtain or increase any benefit or other payment under this act, either for himself or for any other person, shall be punished by a fine of not less than $20 nor more than $50, or by imprisonment for not longer than thirty days or by both such fine and imprisonment; and each such false statement or representation or failure to disclose a material fact shall constitute a separate offense.

      (b) Any employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled thereto, or to avoid becoming or remaining subject hereto or to avoid or reduce any contribution or other payment required from an employing unit under this act or who willfully fails or refuses to make any such contributions or other payment or to furnish any reports required hereunder or to produce or permit the inspection or copying of records as required hereunder, shall be punished by a fine of not less than $20 nor more than $200, or by imprisonment for not longer than sixty days, or by both such fine and imprisonment; and each such false statement or representation or failure to disclose a material fact, and each day of such failure or refusal shall constitute a separate offense.

      (c) Any person who shall willfully violate any provision of this act or any order, rule, or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this act, and for which a penalty is neither prescribed herein nor provided by any other applicable statute, shall be punished by a fine of not less than $20 nor more than $200, or by imprisonment for not longer than sixty days, or by both such fine and imprisonment, and each day such violation continues shall be deemed to be a separate offense.

      (d) Any person who, by reason of the nondisclosure or misrepresentation by him or by another, of a material fact (irrespective of whether such nondisclosure or misrepresentation was known or fraudulent) has received any sum as benefits under this act while any conditions for the receipt of benefits imposed by this act were not fulfilled in his case, or while he was disqualified from receiving benefits, shall, in the discretion of the commissioner, either be liable to have such sum deducted from any future benefits payable to him under this act or shall be liable to repay to the commissioner for the unemployment compensation fund, a sum equal to the amount so received by him, and such sum shall be collectible in the manner provided in section 14(b) of this act for the collection of past-due contributions.

Representation in Court

      Sec. 17.  (a) In any civil action to enforce the provisions of this act the commissioner, the board of review, and the state may be represented by any qualified attorney who is employed by the commissioner and is designated by him for this purpose or at the commissioner’s request by the attorney-general, or the district attorney of the proper county.

      (b) All criminal actions for violation of any provision of this act, or of any rules or regulations issued pursuant thereto, shall be prosecuted by the attorney-general of the state; or, at his request and under this direction, by the prosecuting attorney of any county in which the employer has a place of business or the violator resides.

Reciprocal Arrangements