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Official Opinions of the Attorney General - 1939

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Official Opinions of the Attorney General - 1939 OFFICIAL OPINIONS OF THE ATTORNEY GENERAL - 1939 SYLLABUS 271. State Distributive School Fund. Douglas County high school is not a “district high school” organized under chapter 134, Statutes of Nevada 1937, and therefore is not entitle to receive moneys from the State Distributive School Fund. (February 8, 1939.) INQUIRIES CARSON CITY, February 3, 1939. 1. Does a “high school district” come within the definition of the term “school district” as used in section 5798 Nevada Compiled Laws 1929, sub-section 1 of section 151 of the School Code? 2. If a high school district comes within the definition of school district as there used, is Douglas County high school entitled to a share in the distribution of the State Distributive School Fund? OPINION Answering Query No. 1, a high school district may come within the definition of a school district when the high school drawn in question is a “district high school,” organized and existing under and by virtue of chapter 134 Statutes of Nevada 1937, which said chapter provides for the organization of district high schools in said districts under certain conditions, such schools to be governed by Boards of School Trustees of the then existing school district wherein district high schools are organized. Section 1 of chapter 134 provides, inter alia, “a district high school differs from a regular county high school only in extent of territory, in place of organization, and in means of support.” A county high school such as the Douglas County high school mentioned in Query No. 2, is organized under a different law, i.e., under section 5818 to 5829, inclusive, Nevada Compiled Laws 1929,, and its district, if district it is, comprises the entire county, and the revenue for its support being derived in a different manner it cannot reasonably be said that the county is a school district as that term is used in the School Code and as used with respect to district high schools. Answering Query No. 2, your inquiry is undoubtedly directed to the question of whether a county high school is entitled to a share in a distribution of the State Distributive Fund. We are advised that the Douglas County high school is a school duly organized and established under the law providing for the organization of county high schools, to wit, sections 5818 to 5829, inclusive Nevada Compiled Laws 1929. A perusal of these sections of the law discloses that the money used in the maintenance and conduct of county high schools comes exclusively from taxes levied in the county in which a particular county high school is situated and not from any other source. It is to be noted that section 5820, supra, provides among other things as follows: When the location of the county high school has been finally determined, the board of county commissioners shall estimate the cost of purchasing suitable grounds, procuring plans and specifications, erecting a building, furnishing the same, fencing and ornamenting the grounds, and the cost of running said school for the following twelve months; provided, that the estimate mentioned herein for purchasing suitable grounds, procuring plans and specifications, erecting a building, furnishing the same and fencing and ornamenting the grounds shall not be made, if previous to the time when the commissioners are to make such estimate the legislature shall have authorized said county to issue bonds for such purpose. It is also provided in section 5821, supra, as follows: When such estimate shall have been made, the board of county commissioners shall thereupon immediately proceed to levy a special tax upon all the assessable property of the county, sufficient to raise the amount estimated. Said tax shall be computed, entered on the tax roll and collected, and the amount so collected shall be deposited in the County treasury and be known and designated as the “County High-School Fund,” and shall be drawn from the treasury in the manner now provided by law for drawing money from the treasury by school trustees; * * *. And then again it is provided in section 5824, supra, as follows: It shall be the duty of the county board of education to furnish annually, an estimate of the amount of money needed to pay all the necessary expenses of running said school; to enforce the uniform high-school course of study adopted by the state board of education; to employ teachers holding Nevada state certificates of the high school grade in full force and effect; to hire janitors and other employees, and discharge such employees when sufficient cause therefor shall charge such employees when sufficient cause therefor shall exist; and to do any and all other things necessary to the proper conduct of the school. And in section 5825, supra, it is provided: It shall be the duty of the board of county commissioners to include in their annual tax levy the amount estimated by the county board of education as needed to pay the expenses of conduction the county school; and such amount when collected, and paid in to the county treasury, shall be known as the “County High- School Fund,” and may be drawn therefrom for the purpose of defraying the expenses of conducting said county high school in the manner now provided by law for drawing money from the county treasury by school trustees. We think the foregoing sections of the law clearly indicate the intention of the Legislature that county high schools are to be supported entirely from moneys derived from taxation within the county itself, and that no apportionment is to be made from the State Distributive School Fund. Query No. 2 is answered in the negative. Respectfully submitted, GRAY MASHBURN, Attorney-General. By W.T. MATHEWS, Deputy Attorney-General. HONORABLE GROVER L. KRICK, District Attorney, Douglas County, Minden, Nevada. SYLLABUS Memorandum. State Board of Printing Control Resolution. (August 22, 1938) recorded at page 353, Vol. 18, Record of State Board of Examiners, with request Board of Examiners adopt same “and the Miehle Printing Press and Mfg. Co. be advised and requested to install an automatic Miehle Press, with the understanding the Legislature of 1939 be requested to pass an Act for the total cost of the machine.” Claim shows on its face, subject to approval of Legislature of 1939. MEMORANDUM Carson City, February 8, 1939. To the Ways and Means Committee of the Assembly, Thirty-ninth Session, Carson City, Nevada. GENTLEMEN: This office has had under consideration the communication of Honorable R.E. Cahill, Chairman of your committee, requesting an opinion of this office for your committee with respect to the history and action so far had on Senate Bill No. 4, which is an Act for the relief of Miehle Printing Press and Manufacturing Co., i.e., for the payment of a printing press for the State Printing Office. The communication propounds two queries, reading as follows: 1. Section 6995 N.C.L. 1929 states that “Neither house shall consider any other appropriation except an emergency appropriation for the immediate expense of the State Legislature until the budget has been finally acted on both houses.” We would like your opinion as to whether the history of this bill from the Senate is correct or whether it should be changed to conform with this section. 2. Section 7049 and following regarding deficiency appropriations; would this bill fall under that section and be regarded a deficiency appropriation? The bill, according to the history endorsed thereon has been considered by the Senate, passed by it, and is now in the hands of your committee by due reference thereto by the Assembly. Answering Query No. 1 we beg to advise that section 6995 N.C.L. 1929 was amended in 1921 by chapter 60, Statutes 1921, and the Act appearing as section 6995 N.C.L. 1929 was repealed by the 1921 Act. See 1921 Statutes, pages 99-101, so that section 6995 is not the statute law on the question. A most pertinent change was incorporated in the 1921 Act relative to the time in which the Legislature may consider appropriations, other than those embodied in the Governor’s budget and for expenses of the State Legislature. In section 5 of the 1921 Act it is provided “Neither house shall consider any other appropriation, except an emergency appropriation for the immediate expense of the State Legislature, until ten days after the delivery of said budget to the presiding officer of each house. * * *.” So that if the Legislature desires to be bound by a statutory enactment of a preceding Legislature a consideration of Senate Bill No. 4 would be valid after ten days from the introduction of the General Appropriation Bill, which we understand was introduced in both houses on February 6, 1939. If the Senate had desired to be bound by the 1921 amendment to what is now section 6995 N.C.L. 1929, then its action on Senate Bill No. 4 was premature. However, unless there is a constitutional provision making the statutory enactments of one Legislature binding on a succeeding statutory enactments of one Legislature, then the succeeding Legislature may legislate as it sees fit on any subject unless as to any particular subject a prohibition is contained in the Constitution. The legislative authority, i.e. , the law-making power of this State is vested in the Senate and Assembly of the Legislature of the State of Nevada, except the power to initiate laws under article XIX of the Constitution providing for the initiation thereof by the people when they so desire. Article IV, section 1, Constitution of Nevada. There is no provision in the Nevada Constitution prohibiting the Legislature from making appropriation by law for the purposes mentioned in Senate Bill No.4 at any time during the session.
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