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Sec. 4. STATE BUDGET BOARD TO PREPARE ESTIMATE.) The State Budget Board shall meet on the 2nd Tuesday in November of each year next preceding the meeting of the Legislative Assembly at the State Capitol.

The State Auditor shall submit to the Board the estimates required by Section 3 of this Act to be filed in his office by the head of each state department and by various officers, boards and commissions. The board shall thereupon proceed to prepare estimates for a State Budget of the amounts required to be appropriated by the state legislative assembly for the conduct of the business of the state in all its offices, institutions, departments and undertakings for the two fiscal years next ensuing. Before making up such estimates the board shall examine all statements and requests for appropriations presented to it, and shall afford to the officers, boards and commissions presenting such statements, and making such requests, reasonable opportunity for explanation in regard thereto and, whenever requested, shall grant to such officers, boards or commissions a hearing thereon. All such hearings shall be open to the public. The Budget Board, or any member or members thereof, may, if the board deems it advisable, visit any department, institution or undertaking for which an appropriation is requested, for the purpose of examination and investigation. The board may also hold such public hearings as in its judgment shall be deemed advantageous for the purposes of preparing said estimates. When said estimates have been prepared they shall be transmitted to the legis lative assembly not later than the tenth day of the session thereof, together with such recommendations, reasons and explanations with regard to said estimates as shall be deemed necessary by the Budget Board. The Budget Board shall, at the same time, transmit to the legislative assembly all statements, estimates and requests, or copies thereof, which were filed with the State Auditor by officers, boards and commissions as required by Section 3 of this Act.

Approved March 7th, 1923.

BUILDING AND LOAN ASSOCIATIONS

CHAPTER 148.

(H. B. No. 73-Starke.)

TERMS OF DIRECTORS.

An Act to Provide for the Election of Directors of Building and Loan Association for the Term of Three Years.

Be It Enacted by the Legislative Assembly of the State of North Dakota: Sec. 1. That a Building and Loan Association organized under the laws of the State of North Dakota may provide by its by-laws for the election of its directors for a term of three years.

Sec. 2. That when any such Building and Loan Association adopts by-laws for the election of its directors for a term of three years, then at the first annual election of directors, after the adoption of such by-laws, the directors shall be divided into three groups equal in number as nearly as practicable, the first group to be elected as directors for a period of one year, the second group for a period of two years, and the third group for a period of three years so that as nearly as possible the terms of one-third of such directors shall expire each year and thereafter such directors shall be elected for the full period of three years.

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

Approved February 19th, 1923.

CARNIVALS

CHAPTER 149.

(S. B. No. 315-Whitman.)

CARNIVALS.

An Act Defining Carnivals and Prohibiting the same except under certain restrictions; Defining the Powers and Duties of town and fair boards in Regard thereto; and Providing a Penalty.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

Sec. 1. DEFINITIONS.) The word "Person" as used in this Act shall mean and include natural persons, firms and corporations and their clerks, agents and abettors. The word "Carnival" shall mean and include an aggregation of attractions, whether shows, circuses, acts, games, vending devices, or amuse. ment devices whether conducted under one or more managements or independently, which are temporarily set up or conducted in a public place or upon any private premises accessible to the public with or without admission fee and which, from the nature of the aggregation, attracts attendance and causes promiscuous co-mingling of persons in the spirit of merrymaking and revelry. The words "Town Board" shall mean and include village or city councils or commissions, or their agents, duly authorized to make any contract or issue any permit as provided in this Act. The words "Fair Board" shall mean and include the officers of any state or county fair association, or their agents duly authorized to make any contract or issue any permit as provided by this Act.

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Sec. 2. CARNIVALS, WHEN PERMITTED, PROHIBITIONS.) person shall within this state set up, run, operate, or conduct any itinerant carnival except within the limits of an incorporated municipality, or within the limits or upon the grounds of a state or county fair association and then only when such person shall have procured and has in his possession a written contract and permit from the Town Board of the municipality or the Fair Board of the fair association where such carnival is set up and operated setting forth the conditions under which such carnival shall be operated. The permit shall be granted upon the condition and the contract shall state that there shall not be set up or operated any gambling device, lottery, number or paddle wheel, number board, punch board, or other game of chance or skin game of any kind whatsoever; or lewd, lascivious or indecent show, indecent exposure of the person, suggested lewdness or immorality, the hooche-kooche or other indecent dance, men only shows, where women or girls perform, or any other lewd, immoral or indecent show or attraction; and that such will not be allowed or permitted and that such person will not knowingly allow or permit to follow or be connected with such carnival any man or woman infected with venereal disease and will cooperate with such town or fair board discovering and apprehending any such

man or woman.

Sec. 3. POWERS AND DUTIES TOWN AND FAIR BOARDS.) No such permit shall be granted by such town board or fair board until they shall have investigated such carnival and are satisfied that, if permitted, the same will be operated in accordance with the laws of the state and ordinances of the municipality and that none of the illicit or unlawful acts mentioned in the contract will be permitted. Such town boards and fair boards are hereby authorized to enter into such contracts, issue such permits, collect such permit fees as are necessary to pay expenses of said investigation, aid in policing such grounds and in otherwise compensating such municipality or association in such amount as they may determine and shall require such person to execute and deliver to such municipality a bond in the penal sum of not to exceed $500.00 to be approved by such board, conditioned for the faithful conduct of such carnival in accordance with the laws and ordinances and that the same shall be forfeited upon the violation of the laws or acts prohibited by such contract. The said town board and fair board are hereby required to enforce the provisions of this Act, such contract made and entered into, the laws of this state and the ordinance of such municipality in relation to such carnivals and shall not allow or permit the acts prohibited in this Act by such person. Each license shall contain the provision that sheriffs, constables, and police officers shall have free access to the grounds and all booths, shows and concessions on such grounds at all times and it shall be the duty of all officers present at such carnival to enforce all the provisions of this act and the laws of this state.

Sec. 4. CONTRACT, PERMIT MUST BE SHOWN.) The contracts and permits as provided for in this Act shall be made in duplicate and one shall be in the possession of the town or fair board and the other in the possession of the manager of such carnival and in either case shall upon request of an officer or citizen be produced and shown. Refusal to show the same to one asking to see it, shall be presumptive evidence that such carnival is being operated without such contract or permit.

Sec. 5. PENALTY.) Any person or persons, town board or fair board, who shall violate any of the provisions of this Act shall be guilty of a misdemeanor and shall upon conviction be fined in any sum not less than $50.00 nor more than $500.00, or be confined in the county jail not to exceed 90 days, or by both such fine and imprisonment.

Sec. 6. EMERGENCY.) Whereas, there is repeatedly left in the trail of such carnivals venereal disease and such carnivals operate numerous gambling devices and skin games, this Act is hereby declared to be an emergency measure and shall be in force and effect from and after its passage and approval.

Approved March 6th, 1923.

CHILD WELFARE

CHAPTER 150.

(S. B. No. 172-Baird and Baker.)

POWERS AND DUTIES OF BOARD OF ADMINISTRATION.

An Act Granting to and Imposing Upon the Board of Administration Certain Powers and Duties With Referance to the Welfare of Children, and the Administration and Enforcement of Laws Relating

Thereto.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

Sec. 1. In addition to the other duties prescribed by law the Board of Administration shall have the following duties and powers:

(a) To license, supervise and regulate hospitals and lying-in places, which receive women for maternity care, homes and institutions receiving children for temporary or permanent care, and all other child helping and child placing organizations, (except such hospitals, institutions or organizations as are fully sup ported by, and under, the direction, control and management of the state):

(b) To investigate the homes into which children are placed for permanent care or adoption, and to withdraw all such children who are found to be in unsuitable homes:

(c) To investigate petitions for the adoption of children, as such petitioners are referred by courts of competent jurisdiction to the Board, and to report to such courts as to the suitability of the home and the child each to the other:

(d) To accept the guardianship of the persons of children who may be committed to its care by courts of competent jurisdiction as neglected, delinquent, dependent or defective, and to make such provision for children so committed, as are within the resources of the Board, and as will afford them proper care and protection:

(e) To cooperate with the juvenile courts of the state in the investigation of all cases of delinquency, dependency and neglect, to act upon requests of such courts as probation officers, and to assist in the establishing of uniform, humane and efficient standards of juvenile court administration:/

(f) To cooperate with county commissioners or the county courts of the state in the administration of the (county allowance) mother's pension law by investigation, upon request of such courts, or county commissioners, of all applications for such allowance, by friendly visiting and supervision after such allowances have been granted, and to assist in the establishment of the most enlightened standards of administration :

(g) To secure the enforcement of laws relating to the establishment of the paternity of illegitimate children and the fulfillment of the maternal and paternal obligation toward such children; to assist the unmarried pregnant woman and unmarried mother in such ways as will protect the health, wellbeing and general interests of her child:

(h) To secure the enforcement of the child labor laws, laws relating to sex offenses involving children, cruelty to and abuse of children, and the contributing by adults to the delinquency and neglect of children, and laws relating to the non-support and desertion of children.

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