that Parts I and II of said article are hereby declared to be inseparable, and if either part be declared void or inoperative in an essential part, so that the whole of such part must fall, the other part shall fall with it and not stand alone. Part I of this article shall not apply in cases where Part II becomes operative in accordance with the provisions thereof, but shall apply in all other cases when the employer is subject to the provisions of this article and in such cases shall be in extension or modification of the common law.

NEVADA.

ACTS OF 1917.

State insurance fund.

CHAPTER 233.-Compenstion of workmen for injuries.

Section 1 of

[chapter 111, acts of 1913] is hereby amended so as to read as follows: SECTION 1. (a) When, as in this act provided, an employer shall accept the terms of this act and be governed by its provisions, every such employer shall be conclusively presumed to have elected to provide, secure, and pay compensation according to the terms, conditions, and provisions of this act for any and all personal injuries by accident sustained by an employee arising out of and in the course of the employment; and in such cases the employer shall be relieved from other liability for recovery of damages or other compensation for such personal injury, unless by the terms of this act otherwise provided.

Effect of election.

as to

public

(b) Where a State, county, municipal corporation, school dis- Compulsory trict, cities under special charter and commission form of gov- employees. ernment, is the employer, the terms, conditions and provisions of this act, for the payment of premiums to the State insurance fund for the payment of compensation and amount thereof for sneh injury sustained by an employee of such employer, shall be conclusive, compulsory, and obligatory upon both employer and employee.

elect.

to

(c) If an employer having the right under the provisions of Failure of this act to accept the terms, conditions and provisions thereof, employers shall fail to accept the same as herein provided, every such employer shall be deemed to have rejected the terms, conditions, and provisions thereof, and in such case such employer shall not escape liability for personal injury by accident sustained by an employee of such employer when the injury sustained arises out of and in the usual course of the employment, because:

Defenses ab

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

(2) That the injury was caused by the negligence of a coemployee;

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

Presump

(4) In actions by an employee against an employer for personal injuries sustained, arising out of and in the course of the employ- tions. ment where the employer has rejected the provisions of this act, it shall be presumed that the injury to the employee was the first result, and growing out of the negligence of the employer; and that such negligence was the proximate cause of the injury; and In such case the burden of proof shall rest upon the employer to rebut the presumption of negligence.

(d) Every such employer shall be conclusively presumed not to have elected to provide, secure, and pay compensation to employees for injuries sustained arising out of and in the course of the employment according to the provisions of this act, unless

Election by employers.

of contracts.

and until notice in writing of an election to accept shall have been given to the Nevada Industrial Commission, substantially in the following form:

EMPLOYER'S NOTICE TO ACCEPT.

To the Nevada Industrial Commission:

You are hereby notified that the undersigned accepts the provision of the "Nevada industrial insurance act."

Signed------

Construction. (e) Where the employer has given notice of an election to accept the terms of this act, and the employee has not given notice of an election to reject the terms of this act, every contract to hire, express or implied, shall be construed as an implied agreement between them, and a part of the contract on the part of the employer to provide, secure and pay, and on the part of the employee to accept, compensation in the manner as by this act provided for all personal injuries sustained arising out of and in the course of employment.

Employer to

(f) Every such employer electing to be governed by the propay premiums. visions of this act, before becoming entitled to the benefits of the act in the providing, securing, and paying of compensation to the employees thereunder, shall, on or before the first day of July, 1917, and thereafter during the period of his election to be governed by the provisions of the act, pay to the Nevada Industrial Commission all premiums in the manner hereinafter provided; and during the period of his election to be governed by the provisions of the act shall comply with all conditions and provisions of the act, hereinafter stated.

Failure

pay.

Notices.

wages.

to

(g) Failure on the part of any such employer to pay the premi ums as by the provisions of this act required shall operate as a rejection of the terms of the act. In the event of any rejection of this act or the terms hereof, such rejecting employer shall post a notice of rejection of the terms of the act upon his premises in a conspicuous place. Failure to post said notice shall constitute a misdemeanor.

(h) It shall be the duty of such employer at all times to maintain the notice or notices so provided for the information of his employees, and any person failing so to maintain the same shall be guilty of a misdemeanor.

SEC. 2. The above-entitled act is hereby amended by the adding of an additional section to be known as section 24, which shall read as follows:

Νο deduc- SEC. 21. It shall be unlawful for any employer who has elected tions from to reject the terms, conditions and provisions of this act, to make any charge against an employee, or to deduct from the wages of any employee any sum of money to meet the costs, in whole or in part, of the liability incurred by the employer by reason of his rejection of the Nevada industrial insurance act. Any such employer who makes a deduction for such purpose from the salary or wage of any employee shall be guilty of a misdemeanor, and shall, upon conviction, be fined not less than one hundred ($100) dollars nor more than five hundred ($500) dollars for each offense. It is hereby made the duty of the district attorney of the county where a violation of this provision is charged to prosecute such cases upon complaint of the commission, or upon complaint of any employee who submits proper evidence of a violation of this provision.

SEC. 3. Section 4 of the above-entitled act, amended so as to read as follows:

is hereby

SEC. 4. (a) When the employer has accepted the terms of this act, or the employee has rejected the terms thereof in compliance with the provisions of this act, such election shall continue and be in force until such employer shall thereafter reject the provisions of this act, or said employee accept the provisions of this act, respectively, as provided in subsection (b) of this section.

(b) When an employer accepts, or an employee rejects, the provisions of this act, such party may at any time thereafter elect

to walve such acceptance or rejection by giving notice in writing in the same manner required by the employer in accepting, or by the employee in rejecting, the provisions of this act, and which shall become effective when filed with the Nevada Industrial Commission.

SEC. 4. Section 21 of the above-entitled act is hereby amended so as to read as follows:

SEC. 21. (a) Every employer electing to be governed by the provisions of this act shall, on or before the first day of July, A. D. 1917, and monthly thereafter, pay to the Nevada Industrial Commission for a State insurance fund premiums in such a percentage of his estimated total pay roll as shall be fixed by order of the Nevada Industrial Commission: Provided, however, That all premium rates now in effect shall be continued in full force and effect until changed, altered or amended by order of the Nevada Industrial Commission.

The Nevada Industrial Commission may require all premiums required by this act to be paid for three months in advance upon the estimated pay roll of the employer, unless the commission be satisfied of the financial responsibility of the employer, or unless a good and sufficient surety bond for the payment of premiums be given by the employer to the Nevada Industrial Commission.

(b) The Nevada Industrial Commission shall have the power, as experience and conditions demand, to increase or decrease the rates above provided; sixty days' notice of any change in rate shall be given before the same shall become effective; the commission shall have the power, and it shall be their duty, to classify occupations with respect to their degree of hazard, and determine the risks of the different classes and fix the rates of premiums of the same, based upon the total pay roll and number of employees in each of said classes of occupation and sufficiently large to provide an adequate fund for the compensation provided for in this act, and to create a surplus sufficiently large to guarantee a satisfactory State insurance fund from year to year.

SEC. 5. Section 23 of the above-entitled act is hereby amended to read as follows:

Premiums.

SEC. 23. (a) Every injured employee within the provisions of Medical, etc., this act shall be entitled to receive, and shall receive promptly, aid. such medical, surgical and hospital or other treatment, nursing, medicines, medical and surgical supplies, crutches and apparatus, including artificial members as may reasonably be required at the time of the injury and within ninety days thereafter, which may be extended to one year by the Nevada Industrial Commission. The benefits conferred by this paragraph upon the injured employee shall hereinafter be termed “accident benefits.”

Benefit fund.

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

Employees to

The Nevada Industrial Commission shall have the authority to Rules. adopt such reasonable rules and regulations as may be necessary to carry out the provisions of this subdivision of this section. All fees and charges for such accident benefits shall be subject to regulation by the commission, and shall be limited to such charges as prevail in the same community for similar treatment of injured persons of like standard of living.

The State insurance fund provided for in this act shall not be liable for any accident benefits provided by this section, but the