[Rev. 2/27/2019 1:31:17 PM]
RESOLUTIONS AND MEMORIALS
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ê1983 Statutes of Nevada, Page 2101ê
RESOLUTIONS AND MEMORIALS
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Senate Concurrent Resolution No. 1–Senators Gibson, Lamb and Jacobsen
FILE NUMBER 1
SENATE CONCURRENT RESOLUTION–Adopting joint rules for the 62nd session of the legislature and adding an earlier limitation on requests for bill drafting.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the Joint Rules of the Senate and Assembly as amended by the 61st session are adopted for the 62nd session of the legislature with the following addition:
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Limitation on Introduction and Requests for Drafting of Legislative Measures.
1. After the first 20 calendar days of a regular legislative session, requests submitted to the legislative counsel for the drafting of bills and joint resolutions will not be honored by the legislative counsel unless the request is approved by:
(a) A two-thirds vote of the members present in the house where it is to be introduced; or
(b) A standing committee of that house if the request was approved by two-thirds of all of the members of the committee.
2. After the first 20 calendar days of a regular legislative session, bills and joint resolutions may be introduced by:
(a) Standing committees without consent.
(b) A member who had requested the drafting of the bill or joint resolution by the legislative counsel before the 21st calendar day of the legislative session.
3. Consent to suspend this rule may be given only by the affirmative vote of a majority of the members elected to the house where it is to be introduced, which must be entered in its journal for that day, and the consent may apply to no more than one bill or joint resolution or request for drafting.
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ê1983 Statutes of Nevada, Page 2102 (FILE NUMBER 1, SCR 1)ê
and the consent may apply to no more than one bill or joint resolution or request for drafting.
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Assembly Resolution No. 1–Committee on Legislative Functions
FILE NUMBER 2
ASSEMBLY RESOLUTION–Providing for the appointment of attaches.
Resolved by the Assembly of the State of Nevada, That the following persons are elected as attaches of the assembly for the 62nd session of the legislature of the State of Nevada: Carol Moore, Joan Anderson, Amy Phelps, Ruth Olguin, James Ohriner, Craig Page, Gina Capurro, Curtis Culver, Randall Kirby, Ramona Yeary, Patricia Hatch, Roberta Alldis, Jeanne Church, Mary DeFelice, Andrea Engleman, Sandra Gagnier, Barbara Gomez, Barbara Henry, Colette Keen, Charise Selover, Deanna Lefko, Gloria Lohner, Signe McAulay, Lynn Maddux, Anne Peirce, Julie Petrini, Marjorie Robertson, Judy Sappenfield, Christine Shaw, Pamela Sleeper, Mary Walker, Yvonne Owens, Alesia Tillman, Maxine Morrison, Terry Lynn Carmona, Elizabeth Morrow, Evelyn Shewan, Henry Gardner, Charles Daniels, Silvia Mastroianni, William Marks, Lavelle Johnson, Sally Dunfield, Joan Boucher, Clayton Dudoit, Seanna Evans, Ed Ferro, Darlene Geurts, Gladys Hart, Joyce Hess, Martha Laird, Edna McDonald, Virginia Nevin, Shanna Pozzi, Wilfred Wick, Harold Wright, Jackie Zaro, Ronald Gash, Barbara Garrett, Jane Ternau and Cynthia Baldau.
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Assembly Resolution No. 2–Committee on Legislative Functions
FILE NUMBER 3
ASSEMBLY RESOLUTION–Providing allowances to the leaders and other members of the assembly for periodicals, stamps, stationery and communications.
Resolved by the Assembly of the State of Nevada, That the sum to be allowed, as provided by law, for each member of the assembly for periodicals, stamps and stationery is $60 and for the use of telephones is $1,000, and the sum to be allowed, as provided by law, for the speaker, speaker pro tempore, majority floor leader, minority floor leader and chairman of each standing committee of the assembly for postage, telephone tolls and other communication charges is $300; and be it further
Resolved, That these amounts be certified by the speaker and the chief clerk to the state controller, who is authorized to draw his warrants therefor on the legislative fund, and the state treasurer is thereafter authorized to pay these warrants.
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ê1983 Statutes of Nevada, Page 2103 (FILE NUMBER 3, AR 2)ê
chief clerk to the state controller, who is authorized to draw his warrants therefor on the legislative fund, and the state treasurer is thereafter authorized to pay these warrants.
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Assembly Resolution No. 3–Committee on Legislative Functions
FILE NUMBER 4
ASSEMBLY RESOLUTION–Adopting Assembly Standing Rules for the 62nd session of the legislature.
Resolved by the Assembly of the State of Nevada, That the Assembly Standing Rules as amended by the 61st session are adopted for the 62nd session of the Legislature with the amendment of Rule 40 to read as follows:
40
Standing Committees.
The standing committees of the Assembly shall be as follows:
1. Ways and Means, thirteen members.
2. Judiciary, eleven members.
3. Taxation, eleven members.
4. Elections, [eleven] seven members.
5. Education, [nine] seven members.
6. Legislative Functions, nine members.
7. [Agriculture, nine] Natural Resources, Environment and Agriculture, seven members.
8. [Labor,] Labor and Management, nine members.
9. Transportation, [nine] eleven members.
10. Commerce, [eleven] thirteen members.
11. Economic Development , [and Natural Resources,] Tourism and Mining, nine members.
12. Health and Welfare, [seven] nine members.
13. Government Affairs, eleven members.
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Senate Resolution No. 1–Senators Gibson, Ashworth and Jacobsen
FILE NUMBER 5
SENATE RESOLUTION–Adopting Senate Standing Rules for the 62nd session of the legislature.
Resolved by the Senate of the State of Nevada, That the Senate Standing Rules as amended by the 61st session are adopted for the 62nd session of the legislature with the following amendments and repeal:
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ê1983 Statutes of Nevada, Page 2104 (FILE NUMBER 5, SR 1)ê
1. Senate Standing Rule 10 is hereby amended to read as follows:
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Time of Meeting.
The President shall call the Senate to order each day of sitting at [10:30] 11:00 o’clock, a.m., unless the Senate [shall have] has adjourned to some other hour.
2. Senate Standing Rule 40 is hereby amended to read as follows:
40
Standing Committees.
The standing committees of the Senate and their respective jurisdiction for the reference of bills and resolutions are as follows:
1. Commerce and Labor, seven members, with jurisdiction over measures affecting primarily titles 52-57, and chapters 461, 461A, 489, 703-704A and 707-712 of NRS.
2. Human Resources and Facilities, [six] seven members, with jurisdiction over measures primarily affecting Titles 33, 34, [37-40] 37-39 and 42 and chapters 439-460 and 583-585 of NRS.
3. Natural Resources, [six] seven members, with jurisdiction over measures primarily affecting Titles 26 and 45-50 and chapters 488, 581, 582 and 586-590 of NRS, the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency.
4. Finance, seven members, with jurisdiction over measures primarily affecting chapter 286 of NRS and over appropriations, operating and capital budgets, bonding and any measures carrying or requiring appropriations and favorably reported by any other committee unless such reference is dispensed with by a two-thirds vote of the Senate.
5. Government Affairs, seven members, with jurisdiction over measures affecting primarily the districts from which members of the legislature are elected and Titles 18-22, 24, 25, 27-31 and 36 and chapters 281-285, 287, 288 and 407 of NRS, except measures affecting primarily the Tahoe Regional Planning compact and the Nevada Tahoe regional planning agency.
6. Judiciary, seven members, with jurisdiction over measures affecting primarily Titles 1-16 and 41 of NRS.
7. Legislative Affairs, [six] seven members, with jurisdiction over measures affecting primarily Title 17 of NRS, except the districts from which members of the legislature are elected, and the operation of the legislative session.
8. Taxation, [seven] eight members, with jurisdiction over measures affecting primarily Title 32 of NRS.
9. Transportation, [seven] six members, with jurisdiction over measures affecting primarily Title 44 and chapters 403-406, 408-410, 481-487, 705 and 706 of NRS.
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ê1983 Statutes of Nevada, Page 2105 (FILE NUMBER 5, SR 1)ê
measures affecting primarily Title 44 and chapters 403-406, 408-410, 481-487, 705 and 706 of NRS.
3. Senate Standing Rule 49 is hereby amended to read as follows:
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Reference to Committee.
When a motion is made to refer any subject, and different committees are proposed, the question [shall] must be taken in the following order:
1. The Committee of the Whole Senate.
2. A Standing Committee.
[3. A Select Committee.]
4. Senate Standing Rule 104 is hereby repealed and its number reserved for future use.
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Senate Resolution No. 2–Senators Gibson and Faiss
FILE NUMBER 6
SENATE RESOLUTION–Providing allowances to the leadership and other members of the senate for periodicals, stamps, stationery and communications.
Resolved by the Senate of the State of Nevada, That the sum to be allowed, as provided by law, for each member of the senate for periodicals, stamps and stationery is $60 and for the use of telephones is $1,000, and the sum to be allowed, as provided by law, for the president and president pro tempore of the senate, the majority and minority leaders of the senate, and the chairman of each standing committee of the senate for postage, telephone tolls and other communication charges is $300; and be it further
Resolved, That these amounts be certified by the president and the secretary to the state controller, who is authorized to draw his warrants therefor on the legislative fund, and the state treasurer is thereafter authorized to pay these warrants.
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ê1983 Statutes of Nevada, Page 2106 (FILE NUMBER 6, SR 2)ê
therefor on the legislative fund, and the state treasurer is thereafter authorized to pay these warrants.
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Senate Resolution No. 3–Senators Gibson and Faiss
FILE NUMBER 7
SENATE RESOLUTION–Providing for the appointment of attaches.
Resolved by the Senate of the State of Nevada, That the following-named persons are elected as attaches of the senate for the 62nd session of the legislature of the State of Nevada: Trina Bertelson, Mae Lofthouse, Mary Jo Mongelli, Shirley LaBadie, Cletus Crow, Vernon E. Bunker, Marilynn Coursey, Lucille Millard, Belia Davis, Shirley Hill, Jeanne Varnum, Lee-Ann Keever, Genevieve Cronin, Laverna Marwin, Jaunita Cone, Ann Moyle, Janet Butler, Alfred Perondi, Oliver Perondi, Barbara Morrow, Christina Bortolin, Kelly Garcia, Pearl Bryant, Shirley Giron, Kit Vannoy, Karel Ryan, Carol Graham, Jan Mark, Marilyn Hofmann, Mary Phillips, Glenna Wittek, Nancy Hayslip, Susan Parkhurst, Marilyn White, Lucille Hill, Linda Sue Bounds, Tony Cordisco, Mike Leahy and Shelly Pozzi.
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Assembly Resolution No. 4–Assemblymen Brady and Vergiels
FILE NUMBER 8
ASSEMBLY RESOLUTION–Repealing Assembly Standing Rule No. 104.
Resolved by the Assembly of the State of Nevada, That Assembly Standing Rule No. 104 is hereby repealed and its number reserved for future use.
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Senate Resolution No. 4–Senators Gibson and Ashworth
FILE NUMBER 9
SENATE RESOLUTION–Amending Senate Standing Rule 120 to change the order of business.
Resolved by the Senate of the State of Nevada, That Senate Standing Rule 120 is hereby amended to read as follows:
120
Order of Business.
1. Roll Call.
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ê1983 Statutes of Nevada, Page 2107 (FILE NUMBER 9, SR 4)ê
2. Prayer by the Chaplain.
3. Pledge of Allegiance to the Flag.
4. Reading and Approval of the Journal.
5. [Presentation of Petitions.
6. Report of Standing Committees.
7. Report of Select Committees.
8. Messages from the Governor.
9. Communications from State Officers.
10. Messages from the Assembly.
11. Consent Calendar.
12. Second Reading and Amendment of Bills.
13. Introduction, First Reading, and Reference of Bills.
14. Motions, Resolutions, and Notices.
15. Business on General File and Third Reading of Bills.
16. Unfinished Business.] Report of Standing Committees.
6. Messages from the Governor.
7. Messages from the Assembly.
8. Communications from State Officers.
9. Motions, Resolutions and Notices.
10. Introduction, First Reading and Reference of Bills.
11. Second Reading and Amendment of Bills.
12. Consent Calendar.
13. Business on General File.
14. Remarks from the Floor, Introduction of Guests.
15. Unfinished Business.
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Senate Concurrent Resolution No. 3–Senators Raggio, Ashworth, Bilbray, Blakemore, Faiss, Foley, Gibson, Glaser, Glover, Hernstadt, Hickey, Horn, Jacobsen, Lamb, Mello, Neal, Robinson, Ryan, Townsend, Wagner and Wilson
FILE NUMBER 10
SENATE CONCURRENT RESOLUTION–Memorializing Harvey Dickerson, former attorney general.
Whereas, The members of this legislature were deeply saddened by the recent death of Harvey Dickerson, former attorney general; and
Whereas, Harvey Dickerson was a native of Nevada, born June 3, 1905, in Ely, educated in Carson City schools, the University of Nevada at Reno and Southeastern University School of Law in Washington, D.C., where he obtained a law degree; and
Whereas, Mr. Dickerson served the citizens of the State of Nevada in various capacities for over 37 years, including serving as governor of the state bar for 10 years and as president of the state bar in 1953; and
Whereas, Mr. Dickerson served as city attorney for North Las Vegas and Henderson and attorney general for the State of Nevada from 1954-1958 and 1962-1970; and
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ê1983 Statutes of Nevada, Page 2108 (FILE NUMBER 10, SCR 3)ê
Vegas and Henderson and attorney general for the State of Nevada from 1954-1958 and 1962-1970; and
Whereas, The State of Nevada will sorely miss this distinguished public servant; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 62nd session of the legislature of the State of Nevada extend their heartfelt sympathy to the family of Harvey Dickerson; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to Mr. Dickerson’s widow, Virginia.
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Senate Concurrent Resolution No. 4–Senator Ashworth
FILE NUMBER 11
SENATE CONCURRENT RESOLUTION–Amending Joint Rule 6 to reduce the number of copies of a bill that a legislator is entitled to distribute free of charge.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That Joint Rule 6 is amended to read as follows:
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PRINTING
[Conditional.]
Each House may order the printing of bills introduced, reports of its own committees, and other matter pertaining to [such] that House only; but no other printing may be ordered except by a concurrent resolution passed by both Houses. Each Senator is entitled to the free distribution of [20] 4 copies of each bill introduced in each House, and each Assemblyman to such a distribution of [10] 2 copies. Additional copies of such bills may be distributed at a charge to the person to whom they are addressed of $70 for the cost of handling and postage for the entire session.
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ê1983 Statutes of Nevada, Page 2109ê
Senate Resolution No. 5–Senators Faiss and Gibson
FILE NUMBER 12
SENATE RESOLUTION–Providing for the appointment of additional senate attaches.
Resolved by the Senate of the State of Nevada, That Jane Fundis and Barbara Kightlinger are elected as additional attaches of the senate for the 62nd session of the legislature of the State of Nevada.
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Senate Concurrent Resolution No. 5–Senators Wagner, Gibson, Mello, Jacobsen, Blakemore and Townsend
FILE NUMBER 13
SENATE CONCURRENT RESOLUTION–Creating a committee to study the state’s program of group insurance and report back to the 62nd session of the legislature.
Whereas, Many state employees and employees retired from state service participate in the state’s program of group insurance; and
Whereas, Changes in the program may be required to maintain the stability and ensure the efficient management of the program; and
Whereas, A study of the program would aid the legislature in determining any necessary changes; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That a committee of five members be formed as soon as possible to study the state’s program of group insurance; and be it further
Resolved, That the majority leader of the senate appoint one member of the senate, one person who is retired from state service and one person who has specialized knowledge of insurance to serve on the committee and that the majority leader of the assembly appoint one member of the assembly and one state employee to serve on the committee; and be it further
Resolved, That the committee investigate and prepare a report concerning:
1. The method of appointment and the qualifications of the committee on group insurance;
2. The method for determining premiums and benefits for the program of group insurance;
3. The procedure for soliciting bids from insurers to provide coverage;
4. The adequacy of the program;
5. The procedure for determining the legitimacy of claims;
6. The insurers currently providing coverage; and
7. The advisability of self-insurance by the state and the advisability of providing coverage for public agencies;
and be it further
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ê1983 Statutes of Nevada, Page 2110 (FILE NUMBER 13, SCR 5)ê
Resolved, That the committee is directed to submit its report to the 62nd session of the legislature within 45 days after the members of the committee are appointed.
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Assembly Concurrent Resolution No. 5–Assemblymen Schofield, Banner, Bergevin, Berkley, Beyer, Bilyeu, Bogaert, Bourne, Brady, Bremner, Chaney, Coffin, Collins, Craddock, Dini, DuBois, Fay, Francis, Getto, Ham, Humke, Jeffrey, Joerg, Kerns, Kovacs, Malone, Marvel, May, Nevin, Nicholas, Perry, Price, Redelsperger, Sader, Sedway, Stewart, Stone, Swain, Thomas, Thompson, Vergiels and Zimmer
FILE NUMBER 14
ASSEMBLY CONCURRENT RESOLUTION–Commemorating Nevada Boy Scout Day, February 7, 1983.
Whereas, On February 8, 1910, following a visit to England where he met Sir Robert Baden-Powell, founder of the Scouting movement, William D. Boyce, a Chicago publisher, founded the Boy Scouts of America; and
Whereas, The Boy Scouts of America have designated February 7, 1983, as Boy Scout Day in commemoration of the 73rd anniversary of the founding of the Boy Scouts of America; and
Whereas, On this day, February 7, 1983, representative Boy Scouts are visiting the offices of all branches of government of the State of Nevada; and
Whereas, The Scouting movement in America has long infused in the souls of young men the high ideals and principles of integrity and good character inherent in the Boy Scout Law; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That February 7, 1983, be declared to be Nevada Boy Scout Day; and be it further
Resolved, That the Boy Scouts of America be heartily commended for their interest in our government; and be it further
Resolved, That copies of this resolution be transmitted by the legislative counsel to the Nevada Area Council and the Boulder Dam Area Council of the Boy Scouts of America.
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ê1983 Statutes of Nevada, Page 2111ê
Senate Concurrent Resolution No. 8–Senators Raggio, Wagner, Mello, Townsend, Wilson, Blakemore, Ashworth and Robinson
FILE NUMBER 15
SENATE CONCURRENT RESOLUTION–Memorializing the late Lino W. “Lee” DePaoli.
Whereas, Lino W. “Lee” DePaoli was a native Nevadan and a lifelong resident of Reno; and
Whereas, He received a purple heart during World War II while serving with the Army in Italy, Corsica and France as a technical sergeant; and
Whereas, He was an active businessman, owning and operating his own business for the past 34 years; and
Whereas, Mr. DePaoli belonged to several civic and social organizations, including the Royal Arch Masons of Nevada, Kerak Temple A.A.O.N.M.S., International Past Potentate Association Cribiri of Past Potentates, Scottish Rite Bodies, D.A.V., V.F.W. Post 407 and Reno Council 4 Royal and Select Masters; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the condolences of the members of the 62nd session of the legislature of the State of Nevada are hereby extended to the surviving family of the late Lino W. “Lee” DePaoli; and be it further
Resolved, That a copy of this resolution be prepared by the legislative council and transmitted forthwith to the widow of the deceased.
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Assembly Resolution No. 5–Committee on Legislative Functions
FILE NUMBER 16
ASSEMBLY RESOLUTION–Providing for the appointment of an additional assembly attache.
Resolved by the Assembly of the State of Nevada, That Jane Dunne is elected as an additional attache of the assembly for the 62nd session of the legislature of the State of Nevada.
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ê1983 Statutes of Nevada, Page 2112ê
Assembly Concurrent Resolution No. 6–Assemblymen Dini, Getto, Bergevin and Marvel
FILE NUMBER 17
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late Louis J. Isola.
Whereas, Louis J. Isola was a native of Lucca, Italy, who immigrated to the United States after World War I, settling in Yerington; and
Whereas, After several years of working in butcher shops and slaughterhouses, he opened his own business, the Peoples Packing Company, which was to become the largest establishment of its kind in Nevada; and
Whereas, Mr. Isola was highly regarded as one of Nevada’s pioneers in the cattle industry; and
Whereas, The University of Nevada College of Agriculture will forever be indebted to Louis J. Isola for his guidance and assistance in designing facilities at the university; and
Whereas, Mr. Isola was always willing to share his vast knowledge and experience with others, from professors in the university system to 4-H clubs across Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of this body mourn the loss of a man whose spirit represented Nevada; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to the late Mr. Isola’s widow.
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Senate Resolution No. 6–Committee on Legislative Affairs
FILE NUMBER 18
SENATE RESOLUTION–Providing for the appointment of additional senate attaches.
Resolved by the Senate of the State of Nevada, That Carol L. MacLeod and Regina M. Nichols are elected as additional attaches of the senate for the 62nd session of the legislature of the State of Nevada.
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ê1983 Statutes of Nevada, Page 2113ê
Senate Joint Resolution No. 3 of the 61st Session–Senators Getto, Don Ashworth, Keith Ashworth, Bilbray, Blakemore, Close, Echols, Faiss, Ford, Gibson, Glaser, Jacobsen, Kosinski, Lamb, McCorkle, Neal, Raggio, Wagner and Wilson
FILE NUMBER 19
SENATE JOINT RESOLUTION–Proposing to amend article 10 of the constitution of the State of Nevada, relating to taxation, by adding a new section which exempts food for human consumption from sales and use tax.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That article 10 of the constitution of the State of Nevada be amended by adding thereto a new section which shall read as follows:
Sec. 3. The legislature shall provide by law for:
1. The exemption of food for human consumption from any tax upon the sale, storage, use or consumption of tangible personal property; and
2. These commodities to be excluded from any such exemption:
(a) Prepared food intended for immediate consumption.
(b) Alcoholic beverages.
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Assembly Joint Resolution No. 6–Assemblymen Jeffrey, Banner, Bergevin, Berkley, Beyer, Bilyeu, Bogaert, Bourne, Brady, Bremner, Chaney, Coffin, Collins, Craddock, Dini, DuBois, Fay, Francis, Getto, Ham, Humke, Joerg, Kerns, Kovacs, Malone, Marvel, May, Nevin, Nicholas, Perry, Price, Redelsperger, Sader, Schofield, Sedway, Stewart, Stone, Swain, Thomas, Thompson, Vergiels and Zimmer
FILE NUMBER 20
ASSEMBLY JOINT RESOLUTION–Memorializing Congress to remove the limits on subsidized bonds for housing.
Whereas, The capability of a person with a low income to purchase or rent decent, safe and sanitary housing in this state is of great concern to the Nevada legislature; and
Whereas, The state and local housing agencies have demonstrated a willingness and ability to aid Nevadans in their search for such housing; and
Whereas, The repeal of the entire Mortgage Subsidy Bond Tax Act of 1980 is desired and consistent with the concept of new federalism but that repeal does not appear feasible at this time; and
Whereas, Until the repeal of the Act is possible, at least the clause terminating the effectiveness of programs which provide for subsidized single-family housing (26 U.S.C. 103A(c)(1)(B)) should be deleted to allow the program, heavily restricted as it is, to continue; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the Nevada legislature hereby calls upon the Congress of the United States to take any steps necessary to remove the clause in the Mortgage Subsidy Bond Tax Act of 1980 which terminates the effectiveness of programs for providing subsidized mortgage loans for single-family housing; and be it further
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ê1983 Statutes of Nevada, Page 2114 (FILE NUMBER 20, AJR 6)ê
jointly, That the Nevada legislature hereby calls upon the Congress of the United States to take any steps necessary to remove the clause in the Mortgage Subsidy Bond Tax Act of 1980 which terminates the effectiveness of programs for providing subsidized mortgage loans for single-family housing; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to all members of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Resolution No. 6–Assemblymen Schofield, Banner, Bergevin, Berkley, Beyer, Bilyeu, Bogaert, Bourne, Brady, Bremner, Chaney, Coffin, Collins, Craddock, Dini, DuBois, Fay, Francis, Getto, Ham, Humke, Jeffrey, Joerg, Kerns, Kovacs, Malone, May, Nevin, Nicholas, Price, Redelsperger, Sader, Sedway, Stewart, Stone, Swain, Thomas, Thompson, Vergiels, Zimmer, Perry and Malone
FILE NUMBER 21
ASSEMBLY RESOLUTION–Thanking Wayne Newton for his participation in the opening ceremonies of the 62nd session of the legislature and commending him for his contributions to Nevada.
Whereas, Mr. Wayne Newton participated significantly in the opening ceremonies of the 62nd session of the legislature on January 17, 1983; and
Whereas, Mr. Newton has been entertaining in Nevada for the past 25 years and he has become one of Nevada’s most famous and distinguished residents; and
Whereas, Not only has he gained recognition as “the most successful performer in Las Vegas history,” but his humanitarian contributions have enabled him to be the recipient of several awards including the AMC Humanitarian Award presented by the AMC Cancer Research Center and Hospital, the Freedom Lantern Award given by the Commonwealth of Massachusetts, the Founders Award by St. Jude’s Hospital, and he was honored by the National Conference of Christians and Jews as the “Most Distinguished Citizen of 1980”; and
Whereas, Mr. Newton has gained national recognition for his involvement in the breeding of Arabian horses on his ranch outside Las Vegas; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of this body warmly commend Mr. Wayne Newton for his contributions in entertainment and thank him for his participation on opening day as well as his other numerous contributions to public service in the State of Nevada; and be it further
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ê1983 Statutes of Nevada, Page 2115 (FILE NUMBER 21, AR 6)ê
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Wayne Newton.
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Assembly Resolution No. 7–Assemblymen Vergiels, Kovacs, Schofield, Collins, Beyer, DuBois, Sedway, Chaney, Sader, Bremner, Dini, Marvel, Coffin, Perry, Redelsperger, Thompson, Stewart, Price, Humke, Ham, Thomas, Francis, Kerns, Craddock, Nevin, Bergevin, Berkley, Bourne, Stone, Malone, Fay, Brady, Bogaert, Nicholas, Bilyeu, Joerg, Swain, Zimmer, Jeffrey, Getto, Banner and May
FILE NUMBER 22
ASSEMBLY RESOLUTION–Commending William W. Morris on his service to Nevada.
Whereas, William W. Morris attended the Fifth Street Grammar School; and
Whereas, Bill “Wildcat” Morris is an alumnus of Las Vegas High School, class of 1945, where he was noted as an athlete and nicknamed for the school mascot; and
Whereas, Bill “Wildcat” Morris then attended the University of Nevada, Reno, on an athletic scholarship, excelled in football as a linebacker and graduated in 1949 with a degree in physical education; and
Whereas, Bill Morris attended American University in Washington, D.C., where he obtained his law degree while working in the offices of Nevada Senators Pat McCarran and Alan Bible; and
Whereas, William W. Morris has served the people of Nevada, particularly those in Clark County, with honor and distinction in various positions of public trust since 1953; and
Whereas, Bill Morris assisted in establishing the Nevada Southern Foundation, Inc., a nonprofit charitable organization whose purpose is the betterment of the University of Nevada at Las Vegas; and
Whereas, Bill Morris has continued to vigorously serve the University of Nevada, Las Vegas, in such positions as director of the Student Aid Foundation, cofounder of the Football Foundation, cofounder and four-term president of the University Rebels Club, cofounder and president of the Rebel Athletic Foundation; and
Whereas, Bill Morris is an outstanding Rebel booster and through his efforts the UNLV sports pavilion and stadium will have been built without cost to Nevada taxpayers; and
Whereas, Bill Morris was elected to the Board of Regents of the University of Nevada in 1970 and served ably for this four-year term; and
Whereas, Bill Morris justly deserves the recognition and commendation of all of the people of the State of Nevada for his continued support of the University of Nevada, Las Vegas; now, therefore, be it
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ê1983 Statutes of Nevada, Page 2116 (FILE NUMBER 22, AR 7)ê
commendation of all of the people of the State of Nevada for his continued support of the University of Nevada, Las Vegas; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of the assembly of the 62nd session of the legislature commend William W. Morris for his many years of public service and extend to him the gratitude of the assembly and the people of the State of Nevada; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to William W. Morris.
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Assembly Concurrent Resolution No. 9–Assemblymen Beyer, Kerns, Bourne, Bilyeu, Bogaert, Nevin, Swain, Nicholas, Humke, Stone, Schofield, Sader, Joerg, Zimmer, Redelsperger, Dini, Coffin, Brady, Thompson, Chaney, DuBois, Ham, Vergiels, Banner, May, Kovacs, Fay, Sedway, Francis, Berkley, Craddock, Bergevin, Collins, Jeffrey, Malone, Stewart, Perry, Marvel, Price, Getto and Bremner
FILE NUMBER 23
ASSEMBLY CONCURRENT RESOLUTION–Commending Lear Fan Limited for their perseverance in the completion of the Lear Fan which enabled them to receive a national achievement award.
Whereas, Bill and Moya Lear came to Nevada in 1968 to establish their engineering firm which later became known as Leareno; and
Whereas, Bill Lear’s numerous inventions have included the Lear Jet, the 8-track stereo sound tape system, an autopilot system designed for use by jets, navigational equipment for airplanes and an improved steam engine; and
Whereas, At the time of Bill Lear’s death in May 1978, he was involved in the development of a twin-engine aircraft of a new design which became known as the Lear Fan; and
Whereas, Moya Lear, realizing the effect that this aircraft would have on the design of aircraft generally, continued the project until its completion on “December 32, 1980,” at which time the Lear Fan made its first successful flight; and
Whereas, Every year the National Society of Professional Engineers selects ten outstanding engineering achievements; and
Whereas, Lear Fan Limited was selected to receive this award for 1982 for the invention of the Lear Fan; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That this legislature commends Moya Lear and Lear Fan Limited for their perseverance in the completion of Bill Lear’s last dream, the Lear Fan; and be it further
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ê1983 Statutes of Nevada, Page 2117 (FILE NUMBER 23, ACR 9)ê
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Mrs. Moya Lear.
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Senate Concurrent Resolution No. 9–Senators Glover, Ashworth, Bilbray, Blakemore, Faiss, Foley, Gibson, Glaser, Hernstadt, Hickey, Horn, Jacobsen, Lamb, Mello, Neal, Raggio, Robinson, Ryan, Townsend, Wagner and Wilson
FILE NUMBER 24
SENATE CONCURRENT RESOLUTION–Memorializing the late Anna Jacobsen Watson.
Whereas, This legislature has learned with deepest sorrow and regret of the death on January 28, 1983, of Anna Jacobsen Watson, a longtime resident of Gardnerville; and
Whereas, Mrs. Watson was born August 28, 1890, in the village of Hamwiede, Germany, near the town of Minden, after which Minden, Nevada, was named; and
Whereas, Anna immigrated to Carson Valley in 1904 at the age of 14, where she was first employed as a babysitter for Duane E. Mack, later to become an assemblyman, and later married Lawrence P. Jacobsen on December 15, 1909; and
Whereas, Lawrence P. Jacobsen was a man devoted to community service who held the offices of postmaster and county commissioner while operating the family’s ranch; and
Whereas, Anna and Lawrence instilled a strong sense of patriotism and community service in their five sons, three of whom served in the armed forces of their country during World War II, and one of whom, Lawrence E. Jacobsen, has served in the Nevada legislature since 1963; and
Whereas, Anna was a resourceful, warm, loving and compassionate person who carried on the family’s ranching business and raised her children after her husband Lawrence’s death in 1934 and three of her sisters’ children after her sisters’ deaths, and whose generosity touched all those who crossed her path; and
Whereas, Anna was married in 1940 to James W. Watson who was in the ice, beer, wood and coal business; and
Whereas, Anna Jacobsen Watson was an active member of the Trinity Lutheran Church of Gardnerville; and
Whereas, Although she never returned to her native land of Germany, 73 years after Anna immigrated to America her granddaughter Susan Leigh Jacobsen went to Minden, Germany, to live during the 1977-1978 school year as a Rotary Club exchange student; and
Whereas, Anna Jacobsen Watson is survived by four sons, Melvin Jacobsen of Virginia City, Orrin Jacobsen of Tuolumne, California, Ordell Jacobsen of Rough and Ready, California, and Lawrence E.
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ê1983 Statutes of Nevada, Page 2118 (FILE NUMBER 24, SCR 9)ê
Jacobsen of Minden, eight grandchildren and eight great grandchildren; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of this legislature extend their sincere condolences to the family and friends of a gracious and affectionate lady, Anna Jacobsen Watson; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the surviving family of Mrs. Watson.
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Assembly Resolution No. 8–Committee on Legislative Functions
FILE NUMBER 25
ASSEMBLY RESOLUTION–Providing for the appointment of additional assembly attaches.
Resolved by the Assembly of the State of Nevada, That Esther D. Thompson, Janine Sagues and Martha E. Herndon are elected as additional attaches of the assembly for the 62nd session of the legislature of the State of Nevada.
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Senate Joint Resolution No. 21 of the 61st Session–Committee on Taxation.
FILE NUMBER 26
SENATE JOINT RESOLUTION–Proposing to amend the Nevada constitution and to provide for the taxation of minerals by value.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 1 of article 10 of the constitution of the State of Nevada be amended to read as follows:
Section 1. 1. The legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal and possessory, except [mines and mining claims, when not patented, the proceeds alone of which shall be assessed and taxed, and when patented, each patented mine shall be assessed at not less than five hundred dollars ($500), except when one hundred dollars ($100) in labor has been actually performed on such patented mine during the year, in addition to the tax upon the net proceeds; shares] property for which specific provision is made in this section.
2. Shares of stock (except shares of stock in banking corporations), bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt.
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ê1983 Statutes of Nevada, Page 2119 (FILE NUMBER 26, SJR 21 of the 61st Session)ê
and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt. [Notwithstanding the provisions of this section, the]
3. The legislature shall provide by law for the taxation of minerals, including without limitation coal, oil, natural gas and other hydrocarbons, at a rate not greater than 5 percent of their value as net proceeds.
4. The legislature may constitute agricultural and open-space real property having a greater value for another use than that for which it is being used, as a separate class for taxation purposes and may provide a separate uniform plan for appraisal and valuation of such property for assessment purposes. If such plan is provided, the legislature shall also provide for retroactive assessment for a period of not less than 7 years when agricultural and open-space real property is converted to a higher use conforming to the use for which other nearby property is used.
5. Personal property which is moving in interstate commerce through or over the territory of the State of Nevada, or which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward, shall be deemed to have acquired no situs in Nevada for purposes of taxation and shall be exempt from taxation. Such property shall not be deprived of such exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged.
6. The legislature may exempt motor vehicles from the provisions of the tax required by this section, and in lieu thereof, if such exemption is granted, shall provide for a uniform and equal rate of assessment and taxation of motor vehicles, which rate shall not exceed five cents on one dollar of assessed valuation.
7. The legislature shall provide by law for a progressive reduction in the tax upon business inventories by 20 percent in each year following the adoption of this provision, and after the expiration of the 4th year such inventories are exempt from taxation. The legislature may exempt any other personal property, including livestock.
8. No inheritance or estate tax shall ever be levied. [, and there shall also be excepted such property as may be exempted by law]
9. The legislature may exempt by law property used for municipal, educational, literary, scientific or other charitable purposes.
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ê1983 Statutes of Nevada, Page 2120ê
Senate Concurrent Resolution No. 12–Senators Foley, Ashworth, Bilbray, Blakemore, Faiss, Gibson, Glaser, Glover, Hernstadt, Hickey, Horn, Jacobsen, Lamb, Mello, Neal, Raggio, Robinson, Ryan, Townsend, Wagner and Wilson
FILE NUMBER 27
SENATE CONCURRENT RESOLUTION–Commending the Junior Leagues of Las Vegas and Reno and designating February 23 as Junior League Day.
Whereas, The Junior League of Las Vegas and the Junior League of Reno are affiliates of the international Association of Junior Leagues; and
Whereas, The purpose of the Junior League is to promote participation and involvement by its members in educational and charitable community projects; and
Whereas, The Voluntary Action Center and Fantasy Park in Las Vegas, and the drug awareness and historic preservation programs in Reno are examples of projects which the Junior Leagues have sponsored; and
Whereas, Membership of the Junior League has included Eleanor Roosevelt, Sandra Day O’Connor and Nevada’s first lady, Bonnie Bryan, as well as several elected officials currently serving Nevada, including state treasurer Patty Cafferata, state senators Helen A. Foley and Sue Wagner, chairman of the board of county commissioners of Clark County Thalia Dondero, Reno city councilwoman Janice Pine, Clark County school board chairman Shirley Holst, Kay Loudon, member of the Washoe County school board, and Vivienne Morris, member of the state board of education; and
Whereas, On February 23, 1983, members of the Junior Leagues of both Las Vegas and Reno will meet with members of the Nevada legislature in Carson City; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That members of the Junior Leagues of Nevada be commended for their unselfish contributions to the people of Nevada and to the nation; and be it further
Resolved, That February 23, 1983, is declared as Junior League Day; and be it further
Resolved, That copies of this resolution be transmitted by the legislative counsel to the Junior League of Las Vegas and the Junior League of Reno.
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ê1983 Statutes of Nevada, Page 2121ê
Assembly Concurrent Resolution No. 4–Committee on Economic Development, Tourism and Mining
FILE NUMBER 28
ASSEMBLY CONCURRENT RESOLUTION–Authorizing expenditure from the legislative fund for the payment of a speaker to appear before a standing committee of the Assembly during the 62nd session of the legislature.
Resolved by the Assembly of the State of Nevada, the Senate concurring, That expenditure of not more than $500 from the legislative fund is hereby authorized to compensate and reimburse Dr. Ralph W. Mack, president of Alternate Decisions, Inc., in connection with his appearance before the Assembly’s standing committee on Economic Development, Tourism and Mining during the 62nd session of the legislature.
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Assembly Joint Resolution No. 30 of the 61st Session–Assemblymen Rusk and Barengo
FILE NUMBER 29
ASSEMBLY JOINT RESOLUTION–Proposing to amend the Nevada constitution to remove the prohibition against increasing judges or changing the number of judicial districts during the term of an incumbent.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 5 of article 6 of the constitution of the State of Nevada be amended to read as follows:
Sec. 5. The state is hereby divided in Nine Judicial Districts of which the county of Storey shall constitute the First; The county of Ormsby the Second; the county of Lyon the Third; The county of Washoe the Fourth; The counties of Nye and Churchill the Fifth; The county of Humboldt the Sixth; The county of Lander the Seventh; The county of Douglas the Eighth; and the county of Esmeralda the Ninth. The county of Roop shall be attached to the county of Washoe for judicial purposes until otherwise provided by law. The Legislature may, however, provide by law for an alteration in the boundaries or divisions of the Districts herein prescribed, and also for increasing or diminishing the number of the Judicial Districts and Judges therein. But no [such change shall] provision for diminishing the number of judges may take effect, except in case of a vacancy, or the expiration of the term of an incumbent of the office. At the first general election under this Constitution there shall be elected in each of the respective Districts (except as in this Section hereafter otherwise provided) One District Judge, who shall hold Office from and including the first Monday of December AD. Eighteen hundred and Sixty four and until the first Monday of January in the year Eighteen hundred and Sixty seven.
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ê1983 Statutes of Nevada, Page 2122 (FILE NUMBER 29, AJR 30 of the 61st Session)ê
seven. After the said first election, there shall be elected at the General election which immediately precedes the expiration of the term of his predecessor, One District Judge in each of the respective Judicial Districts (except in the First District as in this Section hereinafter provided.) The District Judges shall be elected by the qualified electors of their respective districts, and shall hold office for the term of 6 years (excepting those elected at said first election) from and including the first Monday of January, next succeeding their election and qualification; Provided, that the First Judicial District shall be entitled to, and shall have Three District Judges, who shall possess co-extensive and concurrent jurisdiction, and who shall be elected at the same times, in the same manner, and shall hold office for the like terms as herein prescribed, in relation to the Judges in other Judicial Districts, any one of said Judges may preside on the [empanneling] empaneling of Grand Juries and the presentment and trial on indictments, under such rules and regulations as may be prescribed by law.
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Senate Concurrent Resolution No. 7–Senator Lamb
FILE NUMBER 30
SENATE CONCURRENT RESOLUTION–Creating a special joint committee to study the need for and fairness of the rates charged by public utilities and providing for its support.
Whereas, The rising costs of heat, light and power have become a prime source of concern and frustration among the citizens of this state; and
Whereas, The regulation of these rates is expressly recognized by section 20 of article 4 of the Nevada constitution to be a legislative function; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That a special joint committee is hereby created, to consist of three members appointed by the majority floor leader of the senate and three members appointed by the speaker of the assembly, of whom collectively three must represent districts in Clark County, two in Washoe County, and one in the other counties of the state; and be it further
Resolved, That the committee examine whether the rates now charged by public utilities in the state for gas and electricity are necessary and are fairly apportioned, considering specifically:
1. To what extent the expenses allowed in determining rates are really necessary for the service provided;
2. Whether there is a present need for additional capital which justifies a high rate of return on capital presently invested; and
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ê1983 Statutes of Nevada, Page 2123 (FILE NUMBER 30, SCR 7)ê
3. Whether the present structure of the rates charged fairly distributes the necessary expenses among the respective classes of customers; and be it further
Resolved, That the committee report its findings to the legislature within 45 days after the date of adoption of this resolution; and be it further
Resolved, That expenditure of not more than $2,500 from the legislative fund is authorized to defray the expenses of this committee.
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Senate Joint Resolution No. 32 of the 61st Session–Committee on Judiciary
FILE NUMBER 31
SENATE JOINT RESOLUTION–Proposing amendments to articles 6 and 15 of the Nevada constitution to establish staggered terms for district judges and provide other matters incidental thereto.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That sections 5 and 15 of article 6 and section 9 of article 15 be amended to read respectively as follows:
Sec. 5. [The state is hereby divided in to Nine Judicial Districts of which the county of Storey shall constitute the First; The county of Ormsby the Second; the county of Lyon the Third; The county of Washoe the Fourth; The counties of Nye and Churchill the Fifth; The county of Humboldt the Sixth; The county of Lander the Seventh; The county of Douglas the Eighth; and the county of Esmeralda the Ninth. The county of Roop shall be attached to the county of Washoe for judicial purposes until otherwise provided by law. The Legislature may, however, provide by law for an alteration in the boundaries or divisions of the Districts herein prescribed, and also for increasing or diminishing the number of the Judicial Districts and Judges therein. But no such change shall take effect, except in case of a vacancy, or the expiration of the term of an incumbent of the Office. At the first general election under this Constitution there shall be elected in each of the respective Districts (except as in this Section hereafter otherwise provided) One District Judge, who shall hold Office from and including the first Monday of December AD. Eighteen hundred and Sixty four and until the first Monday of January in the year Eighteen hundred and Sixty seven. After the said first election, there shall be elected at the General election which immediately precedes the expiration of the term of his predecessor, One District Judge in each of the respective Judicial Districts (except in the First District as in this Section hereinafter provided.) The District Judges shall be elected by the qualified electors of their respective districts, and shall hold office for the term of 6 years (excepting those elected at said first election) from and including the first Monday of January, next succeeding their election and qualification; Provided, that the first Judicial District shall be entitled to, and shall have Three District Judges, who shall possess coextensive and concurrent jurisdiction, and who shall be elected at the same times, in the same manner, and shall hold office for the like terms as herein prescribed, in relation to the Judges in other Judicial Districts, any one of said Judges may preside on the empanneling of Grand Juries and the presentment and trial on indictments, under such rules and regulations as may be prescribed by law.]
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ê1983 Statutes of Nevada, Page 2124 (FILE NUMBER 31, SJR 32 of the 61st Session)ê
including the first Monday of January, next succeeding their election and qualification; Provided, that the first Judicial District shall be entitled to, and shall have Three District Judges, who shall possess coextensive and concurrent jurisdiction, and who shall be elected at the same times, in the same manner, and shall hold office for the like terms as herein prescribed, in relation to the Judges in other Judicial Districts, any one of said Judges may preside on the empanneling of Grand Juries and the presentment and trial on indictments, under such rules and regulations as may be prescribed by law.]
1. The legislature may provide by law for the division of the state into judicial districts and may alter the boundaries of, or the number of judges regularly assigned to, any judicial district, but no judge may be removed from office by any such alteration.
2. The district judges regularly assigned to each judicial district shall be elected by the registered voters of that district for a term of 6 years except as otherwise provided in this subsection. Each term begins on the 1st Monday of January next after the appropriate general election. On or before the 1st Monday of January in 1985, the judges elected in the general election of 1984 shall by lot divide themselves into three classes as nearly equal in number as possible. The terms of the first and second classes expire on the 1st Monday of January 1989 and the terms of the third class expire on the 1st Monday of January in 1991. The successors of the first class shall be elected at the general election in 1988 for terms expiring on the 1st Monday of January in 1993. If the legislature increases or diminishes the number of district judges regularly assigned to any judicial district, it shall provide an effective date for the alteration such that the number of district judges elected from that district at each general election remains as nearly equal as may be.
3. The judges regularly or temporarily assigned to each judicial district have coextensive and concurrent jurisdiction.
[Sec:] Sec. 15. The Justices of the Supreme Court and District Judges shall each receive for their services a compensation to be fixed by law and paid in the manner provided by law, [which shall not be increased or diminished during the term for which they shall have been elected, unless a Vacancy occurs, in which case the successor of the former incumbent shall receive only such salary as may be provided by law at the time of his election or appointment;] and provision shall be made by law for setting apart from each year’s revenue a sufficient amount of Money, to pay such compensation. The legislature may provide by law for increasing at the same time the salaries of all justices of the supreme court or all district judges or both, but any decrease must not take effect during the term for which a justice or judge was elected.
[Sec:] Sec. 9. The Legislature may, at any time, provide by law for increasing or diminishing the salaries or compensation of any of the Officers, whose original salaries or compensation is fixed in this Constitution; [Provided,] but no such change of Salary or compensation shall apply to any Officer, except a judicial officer, during the term for which he may have been elected.
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ê1983 Statutes of Nevada, Page 2125 (FILE NUMBER 31, SJR 32 of the 61st Session)ê
Constitution; [Provided,] but no such change of Salary or compensation shall apply to any Officer, except a judicial officer, during the term for which he may have been elected.
and be it further
Resolved, That the ratification of this amendment be submitted to the registered voters of this state at a special election on June 7, 1983; and be it further
Resolved, That as far in advance of the special election as is practicable, the secretary of state shall issue a proclamation giving notice of the special election; and be it further
Resolved, That as far in advance of the special election as is practicable, the secretary of state shall prepare and transmit by mail to the county clerk of each county in this state a sufficient number of certified copies of the proclamation of the special election for the county clerk to carry out the duties imposed upon him by the provisions of this resolution. Not less than 10 days before the date of the special election, each county clerk shall cause one certified copy of the proclamation of the special election to be posted within the county outside of incorporated cities; and be it further
Resolved, That registration of qualified electors to vote in the special election closes at 9 p.m. on Saturday, May 7, 1983; and be it further
Resolved, That each county shall bear the cost of any paper for ballots which must be purchased and for the printing of ballots for the special election. Sample ballots may be printed and distributed to all registered voters; and be it further
Resolved, That the ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:
Shall the constitution of the State of Nevada be amended to establish staggered terms for district judges?
YES............... NO...............
and be it further
Resolved, That the explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:
If this amendment is adopted, the constitution of the State of Nevada will be amended to establish staggered terms for district judges and to make appropriate changes in the provisions for the salaries of judicial officers.
and be it further
Resolved, That the board of county commissioners in each county shall convene not less than 3 days after the county clerk has received the returns of the special election and shall forthwith canvass the returns; and be it further
Resolved, That on June 22, 1983, the justices of the supreme court, or a majority of them, shall meet with the secretary of state, and shall open and canvass the vote for and against the question and shall forthwith declare the results.
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ê1983 Statutes of Nevada, Page 2126 (FILE NUMBER 31, SJR 32 of the 61st Session)ê
open and canvass the vote for and against the question and shall forthwith declare the results. If a majority of the votes cast on the question is yes, the amendment shall become effective on July 1, 1983. If a majority of the votes cast on the question is no, the proposed amendment does not become effective; and be it further
Resolved, That all general election laws not inconsistent with this resolution apply to the special election required by this resolution to the extent they can be made applicable; and be it further
Resolved, That any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this resolution, or in the other proceedings by the officers thereof under which the special election is held may not be so construed as to invalidate the ratification of the amendment by a majority of the registered voters voting on the question, if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the amendment was ratified or rejected by a majority of the registered voters.
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Assembly Concurrent Resolution No. 1–Committee on Government Affairs
FILE NUMBER 32
ASSEMBLY CONCURRENT RESOLUTION–Directing the personnel division of the department of general services to reduce the time required for certification of lists of persons eligible to fill vacancies in positions in the classified service of the state.
Whereas, The certification of lists of persons eligible to fill vacancies in positions in the classified service of the state is a major function of the personnel division of the department of general services; and
Whereas, The legislative committee to study personnel administration in state government has found that there are delays and inefficiencies in the system of recruitment and certification as it currently operates in the personnel division; and
Whereas, The state cannot afford to be burdened by inefficient or time-consuming practices in providing employment services for state agencies; and
Whereas, The legislative committee has identified a number of areas in which the establishment of improved administrative policies, procedures and practices can be used to increase efficiency and reduce the time required for certification of an eligibility list to a maximum of 60 days; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the personnel division of the department of general services is hereby directed to improve its administrative policies, procedures and practices relating to the certification of lists of persons eligible to fill vacancies in classified positions requiring open competitive or promotional examinations so that each newly compiled list will be certified within 60 days after receiving a personnel requisition from a state agency and, where existing lists may be used, each such list will be recertified to the requesting agency within 2 working days.
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ê1983 Statutes of Nevada, Page 2127 (FILE NUMBER 32, ACR 1)ê
services is hereby directed to improve its administrative policies, procedures and practices relating to the certification of lists of persons eligible to fill vacancies in classified positions requiring open competitive or promotional examinations so that each newly compiled list will be certified within 60 days after receiving a personnel requisition from a state agency and, where existing lists may be used, each such list will be recertified to the requesting agency within 2 working days.
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Assembly Concurrent Resolution No. 2–Committee on Government Affairs
FILE NUMBER 33
ASSEMBLY CONCURRENT RESOLUTION–Directing the personnel division of the department of general services to report to the legislature concerning its progress in carrying out the recommendations of the legislative committee to study personnel administration in state government.
Whereas, The legislative committee created by Assembly Bill No. 528 of the 1981 session to study personnel administration in state government has included in its report a number of recommendations involving administrative changes to improve the efficiency of the personnel division of the department of general services; and
Whereas, The legislature recognizes that the committee, in making these recommendations, has identified significant areas of concern which, while not requiring statutory change, are deserving of legislative attention; and
Whereas, The legislature needs to know what actions the personnel division has taken in response to the recommendations and the extent to which those actions have resulted in improved personnel administration; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature hereby directs the personnel division of the department of general services to report to the sixty-second and sixty-third sessions of the legislature concerning its progress in carrying out the recommendations contained in the report of the legislative committee to study personnel administration in state government.
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ê1983 Statutes of Nevada, Page 2128ê
Assembly Concurrent Resolution No. 7–Committee on Judiciary
FILE NUMBER 34
ASSEMBLY CONCURRENT RESOLUTION–Authorizing expenditure from the legislative fund for travel allowances and per diem expense allowances to members of three committees to attend a hearing in Las Vegas, Nevada.
Resolved by the Assembly of the State of Nevada, the Senate concurring, That expenditure of money from the legislative fund is hereby authorized to pay travel allowances and per diem expense allowances as provided by law for state officers and employees to the members of the Assembly Committees on Judiciary and Transportation and the Senate Committee on Transportation to attend a joint hearing, on legislation concerning driving while intoxicated, to be held in Las Vegas, Nevada.
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Assembly Joint Resolution No. 25 of the 61st Session–Committee on Commerce
FILE NUMBER 35
ASSEMBLY JOINT RESOLUTION–Proposing to amend sections 9 and 10 of article 8 of the constitution of the State of Nevada to remove any prohibition against the deposit of public money in any bank, mutually owned depository or savings and loan association.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That sections 9 and 10 of article 8 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 9. The State shall not donate or loan money, or its credit, subscribe to or be, interested in the Stock of any company, association, or corporation, except corporations formed for educational or charitable purposes. This section does not prohibit the deposit of money of the state in any bank, savings and loan association or mutually owned depository.
[Sec:] Sec. 10. No county, city, town, or other municipal corporation shall become a stockholder in any joint stock company, corporation or association whatever, or loan its credit in aid of any such company, corporation or association, except, rail-road corporations, companies or associations. This section does not prohibit the deposit of money of a county, city, town or other municipal corporation in any bank, savings and loan association or mutually owned depository.
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ê1983 Statutes of Nevada, Page 2129ê
Assembly Concurrent Resolution No. 13–Assemblymen Chaney, Collins, Swain, Sedway, Bourne, Kovacs, Zimmer, Ham, Getto, Banner, Nevin, Stone, Bogaert, May, Stewart, Fay, Jeffrey, Sader, Perry, Price, Bergevin, Malone, Marvel, Bremner, Schofield, Beyer, Thomas, Francis, Joerg, DuBois, Nicholas, Brady, Dini, Thompson, Redelsperger, Humke, Berkley, Craddock, Kerns, Bilyeu, Vergiels and Coffin
FILE NUMBER 36
ASSEMBLY CONCURRENT RESOLUTION–Commemorating Black History Month and commending the Black citizens of Nevada.
Whereas, Black people have played a significant role in the development of this nation, overcoming obstacles which would have been insurmountable had they not been dedicated to the principle of the equality of mankind; and
Whereas, The month of February has become an annual reminder of the invaluable contributions Blacks have made nationally, as well as locally, to the cause of freedom; and
Whereas, This past month has been set aside for Americans to reflect on the progress made by a race of people who continue to display pride in their heritage and strength while facing the future; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That this legislature commends the Black citizens of Nevada on the many contributions they have made in the development of this state and commemorates February as Black History Month.
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Senate Resolution No. 7–Senators Bilbray, Foley, Horn, Gibson, Hernstadt, Glover, Neal, Ashworth, Glaser, Blakemore, Raggio, Wagner, Ryan, Mello, Hickey, Robinson, Faiss and Jacobsen
FILE NUMBER 37
SENATE RESOLUTION–Commending the Runnin’ Rebels of the University of Nevada, Las Vegas, for being the number one college basketball team in the United States.
Whereas, The Running’ Rebels of the University of Nevada, Las Vegas, have won the championship of the Pacific Coast Athletic Association; and
Whereas, The team has been ranked as the number one team in the United States by the United Press International, Associated Press International, Cable News Network, Sports Illustrated and all other major rating polls; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the Nevada legislature commends the following members of the Runnin’ Rebels, their coaches and assistants for their outstanding performances and for their contribution to the image of this state: Jerry Tarkanian, Tim Grgurich, Mark Warkentien, Dave Buss, Bill Lastra, Barry Vaccaro, Larry Anderson, Sidney Green, Eric Booker, Paul Brozovich, Jeff Collins, John Copeland, Gary Graham, Eldridge Hudson, Kenny Lyles, Chuck Ruggenoli, Tom Roberts and Danny Tarkanian; and be it further
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ê1983 Statutes of Nevada, Page 2130 (FILE NUMBER 37, SR 7)ê
Grgurich, Mark Warkentien, Dave Buss, Bill Lastra, Barry Vaccaro, Larry Anderson, Sidney Green, Eric Booker, Paul Brozovich, Jeff Collins, John Copeland, Gary Graham, Eldridge Hudson, Kenny Lyles, Chuck Ruggenoli, Tom Roberts and Danny Tarkanian; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to each member of the team, their coaches and assistants.
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Senate Joint Resolution No. 39 of the 61st Session–Committee on Legislative Affairs
FILE NUMBER 38
SENATE JOINT RESOLUTION–Proposing to amend the Nevada constitution to permit the legislature to delegate the task of reconciling separate bills amending the same provision of law.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 17 of article 4 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 17. 1. Each law enacted by the Legislature shall embrace but one subject, and matter, properly connected therewith, which subject shall be briefly expressed in the title; and no law shall be revised or amended by reference to its title only; but, in such case, the act as revised or section as amended, shall be re-enacted and published at length.
2. The legislature may provide by law for the correction of manifest clerical or typographical errors and for the reconciliation, after a session has adjourned, of two or more provisions which affect the same section or chapter, if they are compatible in substance.
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Assembly Concurrent Resolution No. 14–Assemblymen Getto, Schofield, Ham, Humke, Bilyeu, Kerns, Nevin, Price, Thompson, Thomas, Craddock, Zimmer, Bergevin, Bremner, Marvel, Berkley, Vergiels, Joerg, Bourne, Banner, Fay, Malone, Kovacs, Sader, Nicholas, Stone, Brady; Jeffrey, Stewart, Collins, May, Swain, Bogaert, Redelsperger, Francis, Coffin, Perry, Sedway, Dini, Beyer, Chaney and DuBois
FILE NUMBER 39
ASSEMBLY CONCURRENT RESOLUTION–Commending parent-teacher associations and designating February 28, 1983, as Nevada PTA Day.
Whereas, Education of the youth of our nation is of primary importance and is a concern of the citizens of Nevada and the United States; and
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ê1983 Statutes of Nevada, Page 2131 (FILE NUMBER 39, ACR 14)ê
Whereas, One national organization has rendered significant service to the cause of education and enhancement of family unity by bringing together the nation’s primary and secondary educators and the parents of the children and young people whom they teach; and
Whereas, The Nevada Parent-Teacher Association is a strong link in the chain of state associations which have been a positive force in the development of the American educational system; and
Whereas, The Nevada Parent-Teacher Association has been a recognized organization since 1941 and has a current membership of 29,000 people; and
Whereas, The Nevada Parent-Teacher Association is a group which is becoming more aggressive in its support of legislation promoting the welfare and education of youth; and
Whereas, A date has been reserved honoring the Nevada Parent-Teacher Association for the past three sessions of the Nevada legislature; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature declares February 28, 1983, to be PTA Day in Nevada; and be it further
Resolved, That the people of Nevada and their elected representatives in the legislature commend the national PTA, the Nevada PTA, and each parent-teacher association in the State of Nevada upon their outstanding contributions to education in the State of Nevada and the United States of America.
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Senate Concurrent Resolution No. 13–Senators Jacobsen, Ashworth, Bilbray, Blakemore, Faiss, Foley, Gibson, Glaser, Glover, Hernstadt, Hickey, Horn, Lamb, Mello, Neal, Raggio, Robinson, Ryan, Townsend, Wagner and Wilson
FILE NUMBER 40
SENATE CONCURRENT RESOLUTION–Designating March 1, 1983, as Nevada Retailers’ Day.
Whereas, Nevada had 4,831 retail establishments in 1980, employing 67,374 persons; and
Whereas, This legislature realizes the importance of a strong retail economy in Nevada if this state is to continue to attract new business and industry; and
Whereas, It is beneficial to Nevada’s retailers to become better acquainted with the legislative process as it affects the future of the retail economy; and
Whereas, On March 1, 1983, Nevada retailers will come to Carson City to meet members of the state legislature; now, therefore, be it
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ê1983 Statutes of Nevada, Page 2132 (FILE NUMBER 40, SCR 13)ê
Resolved by the Senate of the State of Nevada, the Assembly concurring, That March 1, 1983, is designated as Nevada Retailers’ Day; and be it further
Resolved, That this legislature commends the retailers in Nevada who continue to promote and develop Nevada’s economy; and be it further
Resolved, That a copy of this resolution be transmitted to the Nevada Retail Association in Carson City.
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Assembly Concurrent Resolution No. 10–Committee on Ways and Means
FILE NUMBER 41
ASSEMBLY CONCURRENT RESOLUTION–Authorizing expenditure from the legislative fund to pay certain travel allowances of the staff of standing committees, special committees and subcommittees of the legislature during the 62nd session of the legislature.
Resolved by the Assembly of the State of Nevada, the Senate concurring, That expenditure of money from the legislative fund is hereby authorized to pay the travel allowances and per diem expense allowances of employees of the legislature assigned to standing committees, special committees or subcommittees of the legislature, for travel to and from hearings or meetings of the committees during the 62nd session of the legislature when the majority leader of the senate and the speaker of the assembly approve the travel.
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Assembly Concurrent Resolution No. 15–Assemblymen Bogaert, Zimmer, Kovacs, Banner, Ham, May, Fay, Stone, Nevin, Malone, Bergevin, Collins, Vergiels, Humke, Berkley, Craddock, Kerns, Bilyeu, Francis, Joerg, Nicholas, Brady, Jeffrey, Stewart, Getto, Price, Sader, Beyer, Thomas, Chaney, Coffin, Swain, Bourne, Redelsperger, DuBois, Sedway, Thompson, Dini, Schofield, Perry, Bremner and Marvel
FILE NUMBER 42
ASSEMBLY CONCURRENT RESOLUTION–Commending Hugh O’Brian Youth Foundation.
Whereas, The Hugh O’Brian Youth Foundation is 25 years old this year; and
Whereas, The Hugh O’Brian Youth Foundation has benefited the lives of thousands of high school sophomores through their seminar program; and
Whereas, Hugh O’Brian has devoted the last 25 years of his life to the betterment of the youth of our nation and the world through the Youth Seminar program; and
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ê1983 Statutes of Nevada, Page 2133 (FILE NUMBER 42, ACR 15)ê
the betterment of the youth of our nation and the world through the Youth Seminar program; and
Whereas, The Hugh O’Brian Youth Foundation will touch the lives of over 7,000 sophomores this year; and
Whereas, Every state in the union and several foreign countries will come together to again motivate tomorrow’s leaders today; and
Whereas, The Hugh O’Brian Youth Foundation is now recognized worldwide as one of the most important programs to ensure the future of this nation and the world; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the Nevada state legislature commends Hugh O’Brian for his 25 years of devotion to the youth of this nation and the world by helping them toward a better understanding of all mankind; and be it further
Resolved, That a copy of this resolution be prepared and transmitted by the legislative counsel to Mr. Hugh O’Brian.
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Assembly Resolution No. 9–Assemblymen Vergiels, Kovacs, Thompson, Thomas, Getto, Bogaert, Kerns, Ham, Zimmer, Jeffrey, Joerg, Bilyeu, Humke, Stone, Bergevin, Nicholas, Malone, Fay, Nevin, Sader, Bourne, Swain, Collins, Francis, Chaney, DuBois, Beyer, Dini, Sedway, Brady, Redelsperger, Berkley, Craddock, Coffin, Marvel, May, Stewart, Perry, Bremner, Banner, Price and Schofield
FILE NUMBER 43
ASSEMBLY RESOLUTION–Commending Mike O’Callaghan for his public service.
Whereas, There are many men who might be considered as having served their fellow man, but few who have exemplified that service with the integrity and strength of leadership evidenced by Mike O’Callaghan; and
Whereas, Mike O’Callaghan distinguished himself early in his career with commendable service in the military, having received the Silver Star, Bronze Star with “V” and the Purple Heart; and
Whereas, Mike continued to serve Nevadans as a teacher in Henderson for 5 years, as the first director of the department of health and welfare in 1963, and from 1964-1966 as the project management director for the Job Corps conservation center; and
Whereas, In 1970 Mike O’Callaghan was elected to Nevada’s highest state office where he held the position of governor for the following 8 years; and
Whereas, Governor “Mike” made monumental advances in the areas of mental health, mental retardation, prison facilities and education as well as providing a common sense and “straight talk” approach while in office; and
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ê1983 Statutes of Nevada, Page 2134 (FILE NUMBER 43, AR 9)ê
Whereas, Mike O’Callaghan has continued to be a strong political force in Nevada offering inspiration to others while pursuing his current vocation as a journalist with the Las Vegas Sun; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That Mike O’Callaghan be commended for his past accomplishments and remarkable popularity which is still evident today; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to Mike O’Callaghan.
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Senate Joint Resolution No. 33 of the 61st Session–Committee on Government Affairs
FILE NUMBER 44
SENATE JOINT RESOLUTION–Proposing to amend the Nevada constitution to exclude from the limitations on state indebtedness obligations incurred by the state to finance the purchase of securities issued by certain municipalities.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 3 of article 9 of the constitution of the State of Nevada be amended to read as follows:
Sec. 3. The state may contract public debts; but such debts shall never, in the aggregate, exclusive of interest, exceed the sum of one per cent of the assessed valuation of the state, as shown by the reports of the county assessors to the state controller, except for the purpose of defraying extraordinary expenses, as hereinafter mentioned. Every such debt shall be authorized by law for some purpose or purposes, to be distinctly specified therein; and every such law shall provide for levying an annual tax sufficient to pay the interest semiannually, and the principal within twenty years from the passage of such law, and shall specially appropriate the proceeds of said taxes to the payment of said principal and interest; and such appropriation shall not be repealed nor the taxes postponed or diminished until the principal and interest of said debts shall have been wholly paid. Every contract of indebtedness entered into or assumed by or on behalf of the state, when all its debts and liabilities amount to said sum before mentioned, shall be void and of no effect, except in cases of money borrowed to repel invasion, suppress insurrection, defend the state in time of war, or, if hostilities be threatened, provide for the public defense.
The state, notwithstanding the foregoing limitations, may, pursuant to authority of the legislature [, make] :
(a) Make and enter into any and all contracts necessary, expedient or advisable for the protection and preservation of any of its property or natural resources, or for the purposes of obtaining the benefits thereof, however arising and whether arising by or through any undertaking or project of the United States or by or through any treaty or compact between the states, or otherwise [.]
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ê1983 Statutes of Nevada, Page 2135 (FILE NUMBER 44, SJR 33 of the 61st Session)ê
project of the United States or by or through any treaty or compact between the states, or otherwise [.] ; and
(b) Incur any obligation to finance the purchase of securities issued by any county, city, town, school district, general improvement district or other district, including an irrigation district, of this state.
The legislature may from time to time make such appropriations as may be necessary to carry out the obligations of the state under such contracts, and shall levy such tax as may be necessary to pay the same or carry them into effect.
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Assembly Concurrent Resolution No. 16–Assemblyman Thomas
FILE NUMBER 45
ASSEMBLY CONCURRENT RESOLUTION–Commending members of Kiwanis clubs and designating March 3, 1983, as Kiwanis Day.
Whereas, Sixty-sight years ago a club was organized and chose “Kiwanis” for its name which is a Chippewa Indian word meaning “We make ourselves known”; and
Whereas, Members of the Kiwanis club work toward six principles which include the primacy of spiritual values, living by the Golden Rule, adhering to high personal standards, engendering strong citizenship, building better communities through service and assisting in the formation of sound public opinion; and
Whereas, Since 1917, the California, Nevada and Hawaii district, CAL-NEV-HA, has become the largest district in Kiwanis International; and
Whereas, Nevada is proud of its own state divisions 23, 28 ad 45 for their long history of service to Nevada, service which is appropriately expressed in their current theme, “Pulling Together in Service”; and
Whereas, Kiwanians of Nevada will be visiting the Nevada state legislature on March 3, 1983; now therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That March 3, 1983, be declared Kiwanis Day; and be it further
Resolved, That copies of this resolution be transmitted by the legislative counsel to governor Harry M. Rowe, Jr., of the California, Nevada and Hawaii district and to the lieutenant governors of the respective districts, Gilbert H. Britt of Division 23, Peter McPhee, Jr., of Division 28 and Don E. Johnson of Division 45.
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ê1983 Statutes of Nevada, Page 2136ê
Assembly Resolution No. 10–Assemblymen Kerns, Humke, Nicholas, Bogaert, Stone, Nevin, Swain, Bourne, Sader, Thomas and Beyer
FILE NUMBER 46
ASSEMBLY RESOLUTION–Commending girls’ basketball team of Reno High School.
Whereas, The girls’ basketball team of Reno High School and their coach Ken Fujii have become a source of pride for the State of Nevada with their phenomenal record of winning 76 consecutive games; and
Whereas, This year they are the league and zone champions for northern Nevada with a record of 28 wins and no losses; and
Whereas, Their coach, Ken Fujii, has led the girls’ basketball team to an outstanding record at Reno High with only 16 losses out of 157 games; and
Whereas, This remarkable team has not lost a game since November 1979, and currently has the longest winning streak in the nation; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of the assembly of the 62nd session of the Nevada legislature commend the members of the team, Kim Bradshaw, Cathy Brown, Lisa Byrd, Yeztte Dendary, Ronda Dreher, Stephanie Eaton, Jennifer Harrington, Ricque Luttges, Jennifer Pace, Heidi Raber and Stacey Upson; its managers, Robbin Campbell, Bernadette Dellera and Susan Hood; its coach Ken Fujii; and its assistant coaches Bud Garfinkle and Betty Pierson; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to all members of the girls’ basketball team of Reno High School.
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Senate Concurrent Resolution No. 15–Senators Jacobsen, Ashworth, Bilbray, Blakemore, Faiss, Foley, Gibson, Glaser, Glover, Hernstadt, Hickey, Horn, Mello, Neal, Robinson, Ryan, Townsend, Wagner and Wilson
FILE NUMBER 47
SENATE CONCURRENT RESOLUTION–Memorializing the late Noel Clark.
Whereas, It is with heartfelt sorrow that the members of this legislature note the passing of Noel Clark, a man of integrity; and
Whereas, Mr. Clark was born on September 30, 1914, in Farmington, Utah, and moved to Nevada in 1931 where he became involved in mining; and
Whereas, Mr. Clark began as a day laborer and mucker in several Nevada Mining communities including Ely, Cherry Creek and Rawhide, and within a few years he had attained the position of project manager of the largest tungsten mine in the world; and
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ê1983 Statutes of Nevada, Page 2137 (FILE NUMBER 47, SCR 15)ê
Whereas, Noel Clark began his 31-year career in public service in Overton where he served as justice of the peace, coroner and chief of the volunteer fire department; and
Whereas, He continued his distinguished career serving 21 years with the Nevada public service commission; and
Whereas, In 1977, Mr. Clark was appointed the first director of the department of energy where he served until 1981 when he became administrative assistant to the chairman of the Interstate Commerce Commission in Washington, D.C.; and
Whereas, The state of Nevada lost a true friend through his death on May 6, 1982; and
Whereas, Mr. Clark is survived by two brothers and three sisters living in Utah, and his stepchildren, Louise Powell and Ross de Lipkau of Reno and Isabel Gaines of Chatsworth, California; now therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the condolences of the members of the 62nd session of the legislature of the State of Nevada are hereby extended to the surviving family of the late Noel Clark; and be it further
Resolved, That when this body adjourns today, it does so in memory of Noel Clark; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to Mr. Clark’s children.
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Senate Resolution No. 8–Senator Gibson
FILE NUMBER 48
SENATE RESOLUTION–Providing for the appointment of an additional senate attache.
Resolved by the Senate of the State of Nevada, That Vicki Nowling is elected as an additional attache of the senate for the 62nd session of the legislature of the State of Nevada.
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ê1983 Statutes of Nevada, Page 2138ê
Senate Joint Resolution No. 10–Committee on Natural Resources
FILE NUMBER 49
SENATE JOINT RESOLUTION–Urging the President of the United States, the Secretary of the Interior and the Congress of the United States to take appropriate action to revoke the withdrawal of public land surrounding springs and waterholes from settlement, location, sale or entry.
Whereas, In 1926, President Coolidge ordered the withdrawal of public land surrounding a spring or waterhole from settlement, location, sale or entry and reserved this land for public use (Order of Withdrawal, Public Water Reserve Number 107); and
Whereas, There is growing support for alternatives to federal management of public lands and the reduction of the amount of land in federal ownership; and
Whereas, There is a need to enhance the role of the state in the management of public lands; and
Whereas, The public lands surrounding springs and waterholes in this state would contribute to the future economic health and self-sufficiency of this state; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That this legislature hereby urges the President of the United States, the Secretary of the Interior of the United States and the Congress of the United States to take appropriate action to revoke the withdrawal of public land surrounding springs and waterholes from settlement, location, sale or entry; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to the President of the United States, to the Secretary of the Interior of the United States, to the Committee on Interior and Insular Affairs of the United States House of Representatives, to the Committee on Energy and Natural Resources of the United States Senate and to each member of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Senate Concurrent Resolution No. 16–Senators Raggio, Jacobsen, Wilson, Wagner and Mello
FILE NUMBER 50
SENATE CONCURRENT RESOLUTION–Memorializing the late Dr. Joseph F. Stein.
Whereas, On April 2, 1982, the people of Nevada lost a dedicated educator and citizen through the death of Dr. Joseph F. Stein; and
Whereas, Dr. Stein was born March 23, 1914, in Jamestown, New York, and became a member of the faculty of the University of Nevada, Reno, in 1956; and
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ê1983 Statutes of Nevada, Page 2139 (FILE NUMBER 50, SCR 16)ê
York, and became a member of the faculty of the University of Nevada, Reno, in 1956; and
Whereas, In 1960, Dr. Stein was promoted to Associate Director of the Cooperative Extension Service, a position where his extensive background and knowledge in agriculture enabled him to provide the extension service with superior leadership until his retirement in 1976; and
Whereas, Dr. Stein was concerned with Nevada’s natural resources and organized the Nevada Resource Action Council; and
Whereas, He also worked with federal and state agencies to promote the coordination of programs for the planning and management of the state’s natural resources; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of this body extend their sincere condolences to the family of Dr. Joseph F. Stein; and be it further
Resolved, That a copy of this resolution be prepared and transmitted by the legislative council to the late Dr. Stein’s widow.
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Senate Concurrent Resolution No. 17–Senator Ashworth
FILE NUMBER 51
SENATE CONCURRENT RESOLUTION–Inviting the National Conference of State Legislatures to hold its 1988 annual conference in Reno, Nevada.
Whereas, The National Conference of State Legislatures is the official representative of America’s 7,500 state legislators and their staffs; and
Whereas, The objectives of the annual conference include the improvement of the quality and efficiency of state legislatures, the encouragement of more effective communication and cooperation between states and the formulation of methods which will ensure a strong, influential voice in the Federal Government; and
Whereas, The legislature and legislative staff of Nevada have been active participants in past conferences; and
Whereas, Every year over 3,000 state legislators, members of legislative staffs, representatives from private enterprise, and representatives of other branches and levels of government in the United States, attend the National Conference of State Legislatures; and
Whereas, The National Conference of State Legislatures is considering Reno as the site of its annual conference in 1988; and
Whereas, The City of Reno has demonstrated that it has facilities capable of accommodating large conventions through the dedicated efforts of the Reno Convention and Visitors Authority; and
Whereas, The 62nd session of the Nevada legislature is in unanimous support of the development of plans for the National Conference of State Legislatures to hold its 1988 annual conference in Reno, Nevada; now, therefore, be it
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ê1983 Statutes of Nevada, Page 2140 (FILE NUMBER 51, SCR 17)ê
of State Legislatures to hold its 1988 annual conference in Reno, Nevada; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the Nevada legislature urge the executive committee of the National Conference of State Legislatures to designate Reno, Nevada, as the site of the 1988 annual conference; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to the executive director of the National Conference of State Legislatures and the members of the executive committee of that organization.
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Senate Concurrent Resolution No. 18–Senators Raggio, Ashworth, Bilbray, Blakemore, Faiss, Foley, Gibson, Glaser, Glover, Hickey, Horn, Lamb, Mello, Neal, Robinson, Ryan, Townsend, Wagner and Wilson
FILE NUMBER 52
SENATE CONCURRENT RESOLUTION–Memorializing the late Hugo Quilici, former mayor of the City of Reno.
Whereas, The members of the 62nd legislature of the State of Nevada note with profound sorrow the recent death of Hugo Quilici; and
Whereas, Mr. Quilici was a native Nevadan, born May 18, 1898, in Silver City; and
Whereas, He began his 40-year career in banking with the Farmers and Merchants Bank in 1923, and from 1949-1963 he was vice president of First National Bank, now First Interstate Bank; and
Whereas, When Mr. Quilici retired from banking in 1963, he began his career in public service, a choice which gave credence to the belief that a good businessman could make an excellent public official; and
Whereas, Mr. Quilici was elected to the Reno city council and chosen mayor by a vote of his fellow councilmen in 1963; and
Whereas, He was appointed director of the department of commerce by Governor-elect Paul Laxalt in 1966; and
Whereas, Hugo Quilici served as president for numerous clubs and organizations including the Sigma Nu fraternity alumni association, the University of Nevada Alumni Association, the Optimist Club, the Executive Club, the Nevada Art Gallery, the United Way and the Hidden Valley Country Club; and
Whereas, He was also a member of the Elks Club, the Masonic Lodge and the Shriners; and
Whereas, Hugo Quilici will be remembered with highest regard by all Nevadans who were fortunate enough to have known and worked with him over the years; now, therefore, be it
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ê1983 Statutes of Nevada, Page 2141 (FILE NUMBER 52, SCR 18)ê
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of this body express their deepest sympathies and extend their sincere condolences to the family of Mr. Quilici; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Mr. Quilici’s widow, Katharine.
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Senate Joint Resolution No. 3–Committee on Taxation
FILE NUMBER 53
SENATE JOINT RESOLUTION–Proposing to amend the Nevada constitution to remove the provision for taxing shares of stock in banking corporations.
Resolved by the Senate and the Assembly of the State of Nevada, jointly, That section 1 of article 10 of the constitution of the State of Nevada be amended to read as follows:
Section 1. 1. The legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal and possessory, except mines and mining claims, when not patented, the proceeds alone of which shall be assessed and taxed, and when patented, each patented mine shall be assessed at not less than five hundred dollars ($500), except when one hundred dollars ($100) in labor has been actually performed on such patented mine during the year, in addition to the tax upon the net proceeds . [; shares]
2. Shares of stock , [(except shares of stock in banking corporations),] bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt. [Notwithstanding the provisions of this section, the]
3. The legislature may constitute agricultural and open-space real property having a greater value for another use than that for which it is being used, as a separate class for taxation purposes and may provide a separate uniform plan for appraisal and valuation of such property for assessment purposes. If such plan is provided, the legislature shall also provide for retroactive assessment for a period of not less than 7 years when agricultural and open-space real property is converted to a higher use conforming to the use for which other nearby property is used.
4. Personal property which is moving in interstate commerce through or over the territory of the State of Nevada, or which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward, shall be deemed to have acquired no situs in Nevada for purposes of taxation and shall be exempt from taxation.
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ê1983 Statutes of Nevada, Page 2142 (FILE NUMBER 53, SJR 3)ê
Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward, shall be deemed to have acquired no situs in Nevada for purposes of taxation and shall be exempt from taxation. Such property shall not be deprived of such exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged.
5. The legislature may exempt motor vehicles from the provisions of the tax required by this section, and in lieu thereof, if such exemption is granted, shall provide for a uniform and equal rate of assessment and taxation of motor vehicles, which rate shall not exceed five cents on one dollar of assessed valuation.
6. The legislature shall provide by law for a progressive reduction in the tax upon business inventories by 20 percent in each year following the adoption of this provision, and after the expiration of the 4th year such inventories are exempt from taxation. The legislature may exempt any other personal property, including livestock.
7. No inheritance or estate tax shall ever be levied . [, and there shall also be excepted such property as may be exempted by law]
8. The legislature may exempt by law property used for municipal, educational, literary, scientific or other charitable purposes.
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Assembly Joint Resolution No. 15–Committee on Legislative Functions
FILE NUMBER 54
ASSEMBLY JOINT RESOLUTION–Urging Congress to support the construction and operation of a high-speed train between Las Vegas, Nevada, and Los Angeles, California.
Whereas, A study funded by the Federal Railroad Administration, the State of Nevada, and various local entities of this state, has determined that a train traveling at speeds of up to 250 mph between Las Vegas, Nevada, and Los Angeles, California, is feasible; and
Whereas, This high-speed train, powered by electromagnetic levitation, is capable of showing a profit upon completion; and
Whereas, The economy of each affected state would be stimulated by providing thousands of new jobs; and
Whereas, Such a train would bring the United States to the forefront of modern technology and demonstrate to other states and countries that there is a market for alternative high-speed systems of transportation; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the Nevada legislature respectfully requests the Congress of the United States to support the construction and operation of a high-speed train between Las Vegas and Los Angeles; and be it further
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ê1983 Statutes of Nevada, Page 2143 (FILE NUMBER 54, AJR 15)ê
of the United States to support the construction and operation of a high-speed train between Las Vegas and Los Angeles; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and to each member of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Concurrent Resolution No. 8–Committee on Judiciary
FILE NUMBER 55
ASSEMBLY CONCURRENT RESOLUTION–Encouraging the supreme court to take prompt action to adopt rules allowing lawyers to place certain money of their clients into interest-bearing trust accounts whose interest would be transmitted to a nonprofit, tax exempt foundation for the financing of legal services for the poor.
Whereas, There is a need in Nevada, as in every state of the union, to provide legal services to the poor and the legally underserved people in society, who cannot otherwise afford these services; and
Whereas, In the past the Federal Government has attempted to provide legal services to the poor by funding programs for legal services, but the role of such programs in all states is shrinking because of a decrease in available money; and
Whereas, The President of the United States has urged all citizens to increase volunteer efforts to fill the gap left by decreased funding of programs such as the one for legal services to the poor and the State Bar of Nevada, along with other state bars, is increasing its efforts to encourage lawyers to provide free legal services for a certain percentage of clients as an obligation of the profession; and
Whereas, The State Bar of Nevada, along with bars in other states, has studied the concept of allowing lawyers to earn interest on their trust accounts in which money of a nominal amount or for a short term is currently being held at no interest, in order to generate interest which can be transferred to a nonprofit, tax exempt foundation for financing a program to provide legal services for the poor; and
Whereas, The board of governors of the State Bar of Nevada has approved the concept of instituting a program for such interest-bearing trust accounts in this state and has petitioned the supreme court, in its capacity as the regulator of the bar, to institute changes in its rules to provide for such a program; and
Whereas, The proposed changes in the supreme court’s rules should eventually generate substantial sums of money for legal services to the poor; and
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ê1983 Statutes of Nevada, Page 2144 (FILE NUMBER 55, ACR 8)ê
Whereas, Prompt action by the supreme court will allow the State Bar of Nevada to begin carrying out the program, by coordinating the change in lawyers’ accounts with financial institutions, and soliciting lawyers to participate in the program; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature encourages the supreme court of the State of Nevada to act promptly and favorably on the petition which was filed by the board of governors of the state bar and proposes the establishment of interest-bearing trust accounts for participating lawyers in order to generate interest for a nonprofit, tax exempt foundation to finance legal services for the poor; and be it further
Resolved, That the legislature encourages banking institutions and lawyers to participate in the program which will allow the money in those trust accounts to generate interest; and be it further
Resolved, That copies of this resolution be immediately transmitted by the legislative counsel to the clerk of the supreme court for distribution to the justices of the court.
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Senate Concurrent Resolution No. 20–Senators Wagner, Foley, Mello, Raggio, Townsend, Ryan, Horn, Glover, Hickey, Robinson, Neal, Glaser, Faiss, Hernstadt, Bilbray, Jacobsen, Blakemore, Lamb and Wilson
FILE NUMBER 56
SENATE CONCURRENT RESOLUTION–Recognizing the role of women in politics and designating March 16, 1983, as Nevada Women in Politics Day.
Whereas, American women have played an important role in the formation of our nation, displaying strength of character throughout American’s history; and
Whereas, Since 1914, when women in Nevada were given the right to participate in the political process, involvement of women in politics has increased significantly; and
Whereas, In 1918, Sadie D. Hurst became the first woman elected to the Nevada legislature and over the past 65 years 51 women have served in this capacity; and
Whereas, Nationally, there are over 16,500 women currently holding an elective office with 989 women participating in state legislatures, 21 women in the U.S. House of Representatives, 2 women in the U.S. Senate and 38 women holding statewide offices; and
Whereas, Throughout Nevada there are approximately 200 women who are serving in state, county and local elective offices, many of whom have gathered in Carson City today for meetings of the Nevada State School Boards Association and the Nevada Elected Women’s Network; and
Whereas, The President of the United States and Congress have designated the week of March 6 as Women’s History Week and have asked that the week be observed with appropriate ceremonies and activities; now, therefore, be it
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ê1983 Statutes of Nevada, Page 2145 (FILE NUMBER 56, SCR 20)ê
designated the week of March 6 as Women’s History Week and have asked that the week be observed with appropriate ceremonies and activities; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That March 16, 1983, be designated as Nevada Women in Politics Day; and be it further
Resolved, That women in Nevada be commended on their contributions as elected officials of the State of Nevada and be encouraged to continue this participation with the same level of competence, enthusiasm and dedication they have exhibited in the past.
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Senate Resolution No. 9–Senator Faiss
FILE NUMBER 57
SENATE RESOLUTION–Providing for the appointment of an additional senate attache.
Resolved by the Senate of the State of Nevada, That John Stephen Miller is elected as an additional attache of the senate for the 62nd session of the legislature of the State of Nevada.
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Assembly Joint Resolution No. 12–Assemblymen Vergiels, Brady, Ham, Berkley, Malone, Bogaert, Stone, Bourne, Collins, Getto, Nicholas, Price, Nevin, Kerns, Swain, Humke, Banner, Zimmer, Bilyeu, Francis, Sader, Thompson, May, Craddock, Jeffrey, Fay, Joerg, Chaney, Thomas, Beyer, Perry, Sedway, Marvel, Bergevin, Dini, Stewart, Schofield, Kovacs, Redelsperger, DuBois, Bremner and Coffin
FILE NUMBER 58
ASSEMBLY JOINT RESOLUTION–Memoralizing the Congress of the United States to repeal the requirement for the withholding of income tax from interest and dividends paid.
Whereas, After July 1, 1983, any financial institution or government which pays interest or a dividend to any person must withhold a tax equal to 10 percent of the amount of the interest or dividend; and
Whereas, This program for the withholding of taxes will be costly for both the Federal Government and the governments or financial institutions which pay the interest and dividends; and
Whereas, Any person who receives the interest or dividend will lose the income he would earn on that amount if it had not been withheld as a tax; now, therefore, be it
Resolved by the Assembly and the Senate of the State of Nevada, jointly, That this legislature calls upon the Congress of the United States to repeal the statutes which provide for the withholding of income tax from interest and dividends paid; and be it further
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ê1983 Statutes of Nevada, Page 2146 (FILE NUMBER 58, AJR 12)ê
States to repeal the statutes which provide for the withholding of income tax from interest and dividends paid; and be it further
Resolved, That the legislative counsel transmit copies of this resolution to the Vice President of the United States as President of the Senate, to the Speaker of the House of Representatives, and to all members of Nevada’s congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Senate Concurrent Resolution No. 19–Senators Glaser, Ashworth, Bilbray, Blakemore, Faiss, Foley, Gibson, Glover, Hernstadt, Hickey, Horn, Jacobsen, Lamb, Mello, Neal, Raggio, Robinson, Ryan, Townsend, Wagner and Wilson
FILE NUMBER 59
SENATE CONCURRENT RESOLUTION–Recognizing, upon his retirement, the distinguished service of the Reverend C. Harold Van Zee.
Whereas, The Reverend C. Harold Van Zee is retiring after 40 years in the ministry; and
Whereas, The Reverend C. Harold Van Zee married Gerry Tamblyn in 1942 and they have three fine sons: Bruce, a doctor of medicine in Medford, Oregon; Wayne, a doctor of medicine in St. Charles, Virginia; and Rick, a personnel administrator in Sunnyvale, California, and two granddaughters in Medford, Oregon; and
Whereas, The Reverend C. Harold Van Zee has served as a spiritual leader and inspiration to the congregations of San Anselmo, California, Portland, Oregon, Elko and Carson City; and
Whereas, Because of the inspiration and spiritual guidance that the Reverend C. Harold Van Zee has given to these communities, he has increased the membership and participation of these congregations and the influence of the Christian world; and
Whereas, For 19 years he has also served the Nevada Legislature by providing inspiration and prayer in both the Assembly and Senate; and
Whereas, This great spiritual leader was recognized by an award as “A Distinguished Nevadan” from the University of Nevada and an award for “Outstanding Community Service” from the Carson City Chamber of Commerce; and
Whereas, His many other activities in addition to tending the spiritual needs of his church and community include service as a past president of the Rotary Club in Elko and chairman of the board of trustees for Elko County Hospital, and extended work for the Boy Scouts of America; now, therefore, be it
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ê1983 Statutes of Nevada, Page 2147 (FILE NUMBER 59, SCR 19)ê
Resolved by the Senate of the State of Nevada, the Assembly concurring, That this legislature hereby recognizes and honors the Reverend C. Harold Van Zee and his wife Gerry for their many fine contributions to the State of Nevada.
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Assembly Concurrent Resolution No. 19–Assemblymen Zimmer, Schofield, Collins, Swain, Brady, Coffin, Thomas, Kovacs, Beyer, Nicholas, Chaney, DuBois, Sedway, Dini, Thompson, Redelsperger, Humke, Berkley, Bilyeu, Sader, Perry, Price, Bremner, Nevin, Marvel, Stone, Fay, Bogaert, May, Stewart, Getto, Ham, Vergiels, Banner, Craddock, Kerns, Joerg, Francis, Malone, Bergevin, Jeffrey and Bourne
FILE NUMBER 60
ASSEMBLY CONCURRENT RESOLUTION–Commending the Girl Scouts of the United States of America on Girl Scout Week which was March 6 through March 12, 1983.
Whereas, For over 70 years since its establishment in 1912, in Savannah, Georgia, the Girl Scouts of the United States of America has provided opportunities for girls to develop skills in outdoor activities and acquire an appreciation and concern for our natural environment; and
Whereas, The Girl Scout organization is proud to have had over 3 million young ladies, from 6 to 17 years of age, participate in an organization which attempts to enhance the physical and mental well- being of its members in their youth and throughout their lives; and
Whereas, These activities and programs are offered to the girls of the State of Nevada through the services of the Sierra Nevada Council in northern Nevada and the Frontier Council in southern Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 62nd session of the legislature of the State of Nevada hereby commend Nevada’s individual troop leaders whose dedication and leadership have helped to promote the organization of Girl Scouts within Nevada; and be it further
Resolved, That members of the legislature hereby commend the representatives of the Sierra Nevada Council and the Frontier Council of the Girl Scouts of the United States of America who worked tirelessly to make Girl Scouts Week, March 6 through March 12, 1983, the success that it was; and be it further
Resolved, That copies of this resolution be transmitted by the legislative counsel to the Sierra Nevada Council and the Frontier Council of the Girl Scouts of the United States of America.
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ê1983 Statutes of Nevada, Page 2148ê
Assembly Concurrent Resolution No. 20–Assemblymen Nevin, Schofield, Kovacs, Zimmer, Swain, Thomas, Getto, Ham, Bourne, Banner, Stone, Fay, Bogaert, Jeffrey, May, Stewart, Nicholas, Joerg, Francis, Bilyeu, Kerns, Craddock, Berkley, Thompson, Humke, Sader, Collins, Price, Bergevin, Malone, Perry, Marvel, Bremner, Chaney, DuBois, Sedway, Brady, Beyer, Coffin, Dini, Redelsperger and Vergiels
FILE NUMBER 61
ASSEMBLY CONCURRENT RESOLUTION–Designating March 24, 1983, as Day To Be Aware of the Deaf.
Whereas, There are 14 million persons in the United States whose hearing is impaired; and
Whereas, This physical handicap is unique in that it is not a “visible” handicap; and
Whereas, The people of the State of Nevada need to be aware of the obstacles which confront the deaf on a daily basis; and
Whereas, Deaf citizens of Nevada are eager to share their accomplishments with the general public; and
Whereas, Concerned persons throughout Nevada have joined together in an effort to focus public attention on the implications of deafness; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That March 24, 1983, is hereby designated as the Day To Be Aware of the Deaf; and be it further
Resolved, That all citizens of Nevada be encouraged to recognize and appreciate the progress made by fellow Nevadans who are deaf.
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Senate Joint Resolution No. 8–Committee on Judiciary
FILE NUMBER 62
SENATE JOINT RESOLUTION–Proposing to amend section 9 of article 6 of the constitution to allow the legislature to make the municipal court a court of record.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 9 of article 6 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 9. Provision shall be made by law prescribing the powers , duties and responsibilities of any Municipal Court that may be established in pursuance of Section One [,] of this Article; and also fixing by law the jurisdiction of [said court so as not to conflict with that of the several courts of Record.] that court.
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ê1983 Statutes of Nevada, Page 2149ê
Assembly Joint Resolution No. 2 of the 61st Session–Assemblymen Coulter and Barengo
FILE NUMBER 63
ASSEMBLY JOINT RESOLUTION–Proposing to amend sections 6 and 15 of article 4 of the constitution of the State of Nevada to require the legislature to establish procedures for its standing and select committees and to abolish executive sessions of the senate.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That sections 6 and 15 of article 4 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 6. Each House shall judge of the qualifications, elections and returns of its own members, choose its own officers (except the President of the Senate), [determine the rules of it proceedings and] may punish its members for disorderly conduct, and with the concurrence of two thirds of all the members elected, expel a member. Each house shall determine the rules of its proceedings, except that the legislature shall provide by law procedures for the standing and the select committees of the legislature.
[Sec:] Sec. 15. The doors of each House shall be kept open during its session, [except the Senate while sitting in executive session,] and neither shall, without the consent of the other, adjourn for more than three days nor to any other place than that in which they may be holding their sessions.
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Assembly Joint Resolution No. 1–Committee on Health and Welfare
FILE NUMBER 64
ASSEMBLY JOINT RESOLUTION–Urging Congress to enact legislation permitting recipients of supplemental security income who are mentally retarded or physically handicapped to accumulate savings without inclusion of the amounts in the computation of income and resources for the purpose of determining eligibility.
Whereas, Many mentally retarded or physically handicapped persons have little or no earning capacity and depend upon the federally established program of supplemental security income for support; and
Whereas, The federal statutes governing the program of supplemental security income specify the maximum annual income which a recipient may receive and the maximum resources which a recipient may have and still be eligible for assistance under the program; and
Whereas, These limitations on income and resources preclude the accumulation and investment of savings from such sources as parental gifts and bequests without loss of eligibility; and
Whereas, A mentally retarded or physically handicapped person may very well outlive his parents and other persons who would, if living, provide for his special needs and be responsible for him in the event governmentally supported assistance is reduced or discontinued; and
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ê1983 Statutes of Nevada, Page 2150 (FILE NUMBER 64, AJR 1)ê
may very well outlive his parents and other persons who would, if living, provide for his special needs and be responsible for him in the event governmentally supported assistance is reduced or discontinued; and
Whereas, Many parents strongly desire to assist their mentally retarded or physically handicapped children in accumulating savings upon which those children can draw when necessary, particularly after their parent’s death; and
Whereas, Those parents, and others concerned with the security and well-being of mentally retarded or physically handicapped persons in their later years, urge the enactment of legislation to permit a recipient of supplemental security income who is mentally retarded or physically handicapped to invest a certain amount of savings annually without need for complex legal mechanisms and without inclusion of the amounts accumulated in the computation of income and resources for the purpose of determining eligibility; and
Whereas, The legislature of the State of Nevada has considered this problem and has concluded that legislative action is needed to encourage mentally retarded or physically handicapped persons to acquire privately financed reserves to protect them against the uncertainties of the future when they are alone and without other sources of support apart from governmental programs of assistance; and
Whereas, Governmental incentives to long-term savings are not new, the most obvious recent example being the program whereby a person may invest a portion of his earnings (up to $2,000 per year for a single person) in an “individual retirement account” without paying current federal income taxes on the amounts accumulated; and
Whereas, A program for long-term savings by mentally retarded or physically handicapped persons without loss of eligibility for benefits under the supplemental security income program could be patterned after the program for individual retirement accounts in some respects; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That this legislature strongly urges the Congress of the United States to amend the statutory provisions governing the program of supplemental security income (Title XVI of the Social Security Act, 42 U.S.C.§§ 1381 et seq.) to exclude from the definitions of income and resources amounts up to $2,000 per year, plus interest or other return on those amounts, received by or on behalf of a mentally retarded or physically handicapped person and paid to an approved “savings plan” or “savings account” established for his benefit; and be it further
Resolved, That several alternative types of savings plans or savings accounts be approved for this purpose; and be it further
Resolved, That corresponding changes be made in any other federally established programs which preclude the accumulation of savings by mentally retarded or physically handicapped persons receiving benefits on the basis of need in substantially the same manner; and be it further
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ê1983 Statutes of Nevada, Page 2151 (FILE NUMBER 64, AJR 1)ê
Resolved, That the legislative counsel shall forthwith transmit copies of this resolution to the President of the United States, the Vice President as President of the Senate, the Speaker of the House of Representatives and each member of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Concurrent Resolution No. 22–Assemblymen Price, Dini, Thompson, Redelsperger, Humke, Berkley, Craddock, Kerns, Bilyeu, Swain, Francis, Zimmer, Joerg, Coffin, Sedway, DuBois, Chaney, Beyer, Nicholas, Schofield, Brady, Jeffrey, Stewart, Getto, May, Ham, Bogaert, Banner, Fay, Bourne, Stone, Nevin, Kovacs, Bremner, Marvel, Malone, Collins, Perry, Bergevin, Sader, Thomas and Vergiels
FILE NUMBER 65
ASSEMBLY CONCURRENT RESOLUTION–Declaring the week of April 6, 1983, as Nevada Thunderbird Week.
Whereas, The famous Air Demonstration Squadron of the United States Air Force, known worldwide as the Thunderbirds, has been an integral part of the State of Nevada for the past 27 years; and
Whereas, The Thunderbirds have performed their precise maneuvers with extreme skill in 45 countries throughout the Free World; and
Whereas, These “Ambassadors in Blue” have won the respect and admiration of some 155 million people who have witnessed their daring performances; and
Whereas, The 125 men and women that constitute the Thunderbird team exhibit the qualities of professionalism, dedication and patriotism that reflect the best that is this nation; and
Whereas, Nevadans are proud that Nellis Air Force Base in North Las Vegas provides the home base for the Thunderbirds; and
Whereas, The Thunderbirds recognized the friendship and support of Nevadans by opening their official 1983 air demonstration schedule, exhibiting the F-16 “Fighting Falcon” aircraft, at Nellis Air Force Base on April 2; now therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the week of April 6, 1983, is declared Nevada Thunderbird Week; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to Major James D. Latham, Commander/Leader of the U.S. Air Force Air Demonstration Squadron, Colonel Michael C. Kerby, Commander of the 57th Fighter Weapons Wing, Major General Jack I. Gregory, Commander of the Tactical Fighter Weapons Center, General W.
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ê1983 Statutes of Nevada, Page 2152 (FILE NUMBER 65, ACR 22)ê
General W. L. Creech, Commander of the Tactical Air Command and General Charles A. Gabriel, Chief of Staff of the U.S. Air Force.
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Assembly Resolution No. 11–Committee on Legislative Functions
FILE NUMBER 66
ASSEMBLY RESOLUTION–Amending Assembly Standing Rule 94 to extend the privileges of the floor to former assemblymen.
Resolved by the Assembly of the State of Nevada, That Assembly Standing Rule 94 is hereby amended to read as follows:
Privilege of the Floor and Lobbying.
No person, except Senators , former Assemblymen and state officers, [shall] may be admitted at the bar of the Assembly, except by special invitation on the part of some member; but a majority may authorize the Speaker to have the Assembly cleared of all such persons. No person [shall] may do any lobbying upon the floor of the Assembly at any time, and it [shall be] is the duty of the Sergeant at Arms to remove any person [or persons] violating any of the provisions of this rule.
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Assembly Concurrent Resolution No. 23–Committee on Legislative Functions
FILE NUMBER 67
ASSEMBLY CONCURRENT RESOLUTION–Expressing the mutual consent of the Assembly and Senate to an adjournment from Thursday, March 31, to Tuesday, April 5, 1983.
Resolved by the Assembly of the State of Nevada, the Senate concurring, That each house hereby consents to the adjournment of the other, upon the conclusion of its legislative business for March 31, until its normal convening hour on Tuesday, April 5, 1983.
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ê1983 Statutes of Nevada, Page 2153ê
Senate Concurrent Resolution No. 22–Senators Jacobsen, Ashworth, Bilbray, Blakemore, Faiss, Foley, Gibson, Glaser, Glover, Hernstadt, Hickey, Horn, Lamb, Mello, Neal, Raggio, Robinson, Ryan, Townsend, Wagner and Wilson
FILE NUMBER 68
SENATE CONCURRENT RESOLUTION–Congratulating Donald Bently on receiving the award as the “Nevada Inventor of the Year.”
Whereas, The members of this legislature recognize the honor bestowed upon Donald Bently on being named the “Nevada Inventor of the Year” by the Nevada Innovation and Technology Council; and
Whereas, After the first Bently Company was founded in Berkeley, California, in 1956, Mr. Bently moved to Minden, Nevada, in 1961 where his company became known as Bently Nevada Corporation; and
Whereas, Donald Bently has advanced the technology of vibration measurement in rotor dynamics, developed continuous monitoring systems and portable data acquisition and diagnostic instrumentation for rotating machinery; and
Whereas, Bently Nevada Corporation employs over 1,000 engineers, technicians, and personnel in the areas of manufacturing and sales with annual sales of over $50 million; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the 62nd session of the legislature of the State of Nevada congratulates Donald Bently for earning his well-deserved award as “Nevada Inventor of the Year”; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to Mr. Donald Bently.
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Senate Concurrent Resolution No. 23–Senator Jacobsen
FILE NUMBER 69
SENATE CONCURRENT RESOLUTION–Recognizing Easter as a day of celebration and rebirth.
Whereas, On April 3, 1983, Easter will be observed throughout the Christian World as its most important religious celebration; and
Whereas, Easter serves as a continual reminder of the love of God as shown through the acts and teachings of Jesus Christ; and
Whereas, Easter is also a time of rebirth, a time when buds are swelling in anticipation of the warmth of spring and flowers are beginning to appear; and
Whereas, Easter is a time for families to renew ties, worship together, and spend time with one another; and
Whereas, On Easter, people throughout the world are reminded of the Golden Rule and that love and respect for our fellow man are more important today than ever before; now, therefore, be it
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ê1983 Statutes of Nevada, Page 2154 (FILE NUMBER 69, SCR 23)ê
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature of the State of Nevada adjourns today in recognition of Easter and with the faith that God will continue to guide us through the challenging days ahead.
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Assembly Joint Resolution No. 19–Committee on Natural Resources, Environment and Agriculture
FILE NUMBER 70
ASSEMBLY JOINT RESOLUTION–Requesting Congress and the appropriate federal agencies to extend the deadline for compliance by Nevada with certain requirements of the Clean Air Act.
Whereas, The amended federal Clean Air Act requires, among other things, governmental programs to require periodic inspection and maintenance of motor vehicles to reduce emissions of carbon monoxide, which have been designed but not yet put into effect in the metropolitan areas of the Las Vegas and Reno; and
Whereas, Because of this delay the Environmental Protection Agency is considering disapproval of Nevada’s plan, which would result in the withholding of money for highways and the prohibition of much other new construction in these areas; and
Whereas, Even if the programs to control emissions of carbon monoxide are satisfactorily put into effect, it appears that other standards, for ozone, sulfur dioxide and total suspended particulates cannot be met, with similar results for highways and construction; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That this legislature earnestly request the Administrator of the Environmental Protection Agency to extend for at least 2 years the time for attainment of all of these respective standards before any sanctions are imposed, and similarly requests Congress to supply whatever federal statutory authority may be lacking for such an extension; and be it further
Resolved, That copies of this resolution be transmitted by the legislative counsel to the President of the United States, the Administrator of the Environmental Protection Agency, and to each member of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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ê1983 Statutes of Nevada, Page 2155ê
Assembly Concurrent Resolution No. 11–Committee on Judiciary
FILE NUMBER 71
ASSEMBLY CONCURRENT RESOLUTION–Encouraging local governments to form voluntary bodies to educate the public on the dangers of driving while intoxicated.
Whereas, The State of Nevada proportionately ranks first in the nation in deaths from traffic accidents; and
Whereas, Traffic accidents are the leading cause of death of all Nevadans between the ages of 14 and 44; and
Whereas, Year after year, approximately 60 percent of all fatal traffic accidents in Nevada involve at least one driver who has been drinking; and
Whereas, The citizens of this state should be made aware of the continuing problem of driving while intoxicated; and
Whereas, In a period of fiscal restraint in government, programs of education on the danger of driving while intoxicated may still be given in the communities of this state by enlisting the aid of volunteers; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the governing bodies of the counties and incorporated cities of this state are encouraged to form citizens’ advisory bodies, composed of volunteers, to work in cooperation with local law enforcement agencies, courts and news media, the department of motor vehicles and its traffic safety division and the department of human resources and its bureau of alcohol and drug abuse to develop programs of education on the dangers of driving while intoxicated for presentation to businesses, service clubs, athletic leagues and other groups in the communities of this state; and be it further
Resolved, That these citizens’ advisory bodies are encouraged to raise their own money and to seek and accept grants to pay for the cost of their activities; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the governing body of each county and incorporated city in this state and to the directors of the department of human resources and department of motor vehicles.
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ê1983 Statutes of Nevada, Page 2156ê
Assembly Concurrent Resolution No. 25–Assemblymen Price, May, Malone, Schofield, Francis, Humke, Jeffrey, Stewart, Collins, Bergevin, Fay, Thomas, Zimmer, Bilyeu, Joerg, Bourne, Stone, Nevin, Berkley, Craddock, Ham, Nicholas, Getto, Redelsperger, Banner, Swain, Brady, Bogaert, Kovacs, Kerns, Coffin, Beyer, Sedway, Vergiels, Dini, Chaney, Marvel, Perry, Sader, Thompson, DuBois and Bremner
FILE NUMBER 72
ASSEMBLY CONCURRENT RESOLUTION–Memorializing past Thunderbird pilots of the United States Air Force and commending those pilots who continue to fly as the Thunderbirds.
Whereas, The Thunderbird pilots of the United States Air Force have flown from Nellis Air Force Base located in North Las Vegas and have performed their aerial demonstrations throughout the world; and
Whereas, In September 1981, a former commander of the team, D. L. Smith, died in Cleveland and on January 18, 1982, four members of the team, Major Norm Lowry and Captains Pete Peterson, Mark Melancon and Willie Mays, died in simultaneous crashes at Indian Springs, Nevada; and
Whereas, Since these tragedies, the Thunderbird flight team has been reformed and has recently excited a large hometown crowd at Nellis Air Force Base by flying precision maneuvers in their new red, white and blue F-16 Fighting Falcons; and
Whereas, These brave men are a great source of inspiration and pride to the people of Nevada, especially of southern Nevada, as well as to friends elsewhere in the world; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That this legislature memorializes the airmen who have given up their lives in the Thunderbird service and commends the brave pilots who continue to fly and perform as the Thunderbirds; and be it further
Resolved, That a copy of this resolution be forwarded by the legislative counsel to the Commander of the United States Air Force Aerial Demonstration Squadron, Commander of the 57th Fighter Weapons Wing, Commander of the Tactical Fighter Weapons Center, Commander of the Tactical Air Command and Chief of Staff of the United States Air Force.
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ê1983 Statutes of Nevada, Page 2157ê
Senate Concurrent Resolution No. 26–Senators Raggio, Ashworth, Bilbray, Blakemore, Faiss, Foley, Gibson, Glaser, Glover, Hernstadt, Hickey, Horn, Jacobsen, Lamb, Mello, Neal, Robinson, Ryan, Townsend, Wagner and Wilson
FILE NUMBER 73
SENATE CONCURRENT RESOLUTION–Memorializing the late former Senator Forest B. Lovelock.
Whereas, The members of this legislature were deeply saddened to learn of the unfortunate death of former State Senator Forest B. Lovelock; and
Whereas, Senator Lovelock was a native of Nevada, born in 1896 in the Nevada city which was named after his grandfather; and
Whereas, Senator Lovelock’s career began in 1918, when he and the late Warren V. Richardson opened a Ford dealership in Tonopah, and later expanded their successful business to Reno and Las Vegas; and
Whereas, From 1950 to 1958, Forest B. Lovelock represented Washoe County with distinction in the state senate; and
Whereas, Senator Lovelock also served as president of both the Chamber of Commerce of Reno and the YMCA; and
Whereas, Senator Lovelock was honored as a “Distinguished Nevadan” in 1975, by the University of Nevada, Reno; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of this legislature hereby convey their sincere condolences to the family of the late Forest B. Lovelock; and be it further
Resolved, That when this body adjourns today, it do so in the memory of Senator Lovelock, a proud Nevadan; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the late Senator Lovelock’s four nieces and his nephew.
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Assembly Resolution No. 12–Committee on Legislative Functions
FILE NUMBER 74
ASSEMBLY RESOLUTION–Providing for the appointment of an additional assembly attache.
Resolved by the Assembly of the State of Nevada, That Clare E. Jones is elected as an additional attache of the assembly for the 62nd session of the legislature of the State of Nevada.
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ê1983 Statutes of Nevada, Page 2158ê
Assembly Resolution No. 13–Committee on Legislative Functions
FILE NUMBER 75
ASSEMBLY RESOLUTION–Providing for the appointment of an additional assembly attache.
Resolved by the Assembly of the State of Nevada, That Janet Virginia Snyder is elected as an additional attache of the assembly for the 62nd session of the legislature of the State of Nevada.
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Senate Concurrent Resolution No. 27–Senators Faiss, Hernstadt, Ashworth, Bilbray, Blakemore, Foley, Gibson, Glaser, Glover, Hickey, Horn, Jacobsen, Lamb, Mello, Neal, Raggio, Robinson, Ryan, Townsend, Wagner and Wilson
FILE NUMBER 76
SENATE CONCURRENT RESOLUTION–Designating April 19 as Holocaust Memorial Day.
Whereas, Two-thirds of the Jewish population of Europe, approximately 6,000,000 persons, were exterminated during World War II; and
Whereas, Brutal anti-Semitic atrocities were committed on civilians whose only crime was that they were members of a faith less widely held than others; and
Whereas, All governments must recognize that acts of prejudice and bigotry must not be tolerated and must be resisted at all costs; and
Whereas, The Nazi concentration camps will forever serve as a reminder of man’s capacity for cruelty toward his fellow man; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That April 19, 1983, be designated as Holocaust Memorial Day; and be it further
Resolved, That on this date the members of the legislature of the State of Nevada remember the victims of the Holocaust and rededicate themselves to the goal of peace and freedom for all mankind.
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ê1983 Statutes of Nevada, Page 2159ê
Senate Concurrent Resolution No. 28–Senators Foley, Bilbray, Hickey, Ashworth, Blakemore, Faiss, Gibson, Glaser, Glover, Hernstadt, Horn, Jacobsen, Lamb, Mello, Neal, Raggio, Robinson, Ryan, Townsend, Wagner and Wilson
FILE NUMBER 77
SENATE CONCURRENT RESOLUTION–Designating April 16, 1983, as Brother Joseph Drolet Day.
Whereas, Brother Joseph Drolet was born in 1904 in Illinois; and
Whereas, Brother Drolet took his first vows as a Viatorian brother in 1925, was graduated from St. Viator’s College in 1929, and received a further degree in music from St. Ambrose College in 1944; and
Whereas, During the following 23 years he served the youth of Illinois as a high school teacher until 1954 when he was transferred to Las Vegas, Nevada, where he began the programs in music and drama and taught French and social studies at the new Bishop Gorman High School; and
Whereas, In 1972, Brother Drolet was ordained a Deacon and served the Catholic families of Gabbs, Nevada, as their parish priest; and
Whereas, After 7 years in Gabbs, Brother Drolet retired and returned to Las Vegas where he continues to work unselfishly with the youth at Bishop Gorman High School in various capacities; and
Whereas, Brother Drolet has spent 57 years as a Viatorian Brother, of which 28 years have been in Nevada; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 62nd session of the legislature of the State of Nevada hereby commend Brother Joseph Drolet for his many years of dedication and commitment to the youth of Nevada; and be it further
Resolved, That April 16, 1983, be declared Brother Joseph Drolet Day, in honor of this remarkable man; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Brother Joseph Drolet, C.S.V.
________
Senate Resolution No. 10–Senators Gibson, Lamb, Wilson, Raggio, Blakemore, Neal, Ashworth, Glaser, Faiss, Hernstadt, Jacobsen, Wagner, Bilbray, Mello, Glover, Hickey, Robinson, Horn, Foley, Ryan and Townsend
FILE NUMBER 78
SENATE RESOLUTION–Honoring former State Senator B. Mahlon Brown.
Whereas, B. Mahlon Brown has been a resident of Las Vegas, Nevada since he moved there from Shreveport, Louisiana, in 1923; and
Whereas, In 1937, Mr. Brown received his degree in law from National University, now known as George Washington University; and
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ê1983 Statutes of Nevada, Page 2160 (FILE NUMBER 78, SR 10)ê
National University, now known as George Washington University; and
Whereas, Elected to the state senate of Nevada by the people of Clark County in 1950, B. Mahlon Brown served this state in that capacity for the next 26 years and upon his retirement from the legislature, was the dean of the Nevada legislature; and
Whereas, Senator Brown demonstrated his leadership abilities as the minority floor leader from 1955 to 1964, and as the majority floor leader from 1965 to 1975; and
Whereas, Senator Brown was appointed to the President’s Advisory Commission on Intergovernmental Relations in 1969 by President Nixon, and reappointed in 1971, and he also was a member of several national leadership organizations; and
Whereas, In serving the State of Nevada with such distinction and honor, B. Mahlon Brown has been an inspiration to others and it is certainly appropriate that he be honored by having B. Mahlon Brown Junior High School named after him; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the members of this body hereby extend their warmest congratulations to former Senator B. Mahlon Brown as he continues to be recognized by the citizens of this state as one of Nevada’s most admired leaders; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to former State Senator B. Mahlon Brown.
________
Senate Resolution No. 11–Senators Gibson, Ashworth, Bilbray, Blakemore, Foley, Glaser, Glover, Hernstadt, Hickey, Horn, Jacobsen, Lamb, Mello, Neal, Raggio, Robinson, Ryan, Townsend, Wagner and Wilson
FILE NUMBER 79
SENATE RESOLUTION–Congratulating Senator Faiss on his 50th wedding anniversary.
Whereas, Wilbur Faiss has been a resident of Sunrise Manor and North Las Vegas, Nevada, since 1944; and
Whereas, On April 14, 1933, he married the former Theresa E. Watts; and
Whereas, Senator Faiss has been a successful businessman, an active union member and a dedicated senator; and
Whereas, Wilbur and Theresa Faiss have three children, Robert D. Faiss, Donald R. Faiss and Ronald L. Faiss, five grandchildren, Michael, Mitchell, Rena, Richard and Phillip and one great-grandchild, Stephanie; and
Whereas, All members of this distinguished family have remained in Nevada and become active participants in their communities; now, therefore, be it
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ê1983 Statutes of Nevada, Page 2161 (FILE NUMBER 79, SR 11)ê
Resolved by the Senate of the State of Nevada, That the members of this body extend their warmest congratulations to Wilbur and Theresa Faiss on their 50th wedding anniversary on April 14, 1983; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Senator and Mrs. Wilbur Faiss.
________
Senate Concurrent Resolution No. 30–Senators Gibson and Foley
FILE NUMBER 80
SENATE CONCURRENT RESOLUTION–Requesting the return to the senate from the governor’s office of Senate Bill No. 61.
Whereas, Senate Bill No. 61 has passed both houses of the 62nd session of the legislature and has been delivered to the governor; and
Whereas, Senate Bill No. 61 needs further legislative attention; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the governor of the State of Nevada is hereby respectfully requested to return Senate Bill No. 61 to the senate for further consideration.
________
Assembly Resolution No. 14–Committee on Legislative Functions
FILE NUMBER 81
ASSEMBLY RESOLUTION–Providing for the appointment of additional assembly attaches.
Resolved by the Assembly of the State of Nevada, That Alice J. Brouss and Linda B. Keaton are elected as additional attaches of the assembly for the 62nd session of the legislature of the State of Nevada.
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Assembly Concurrent Resolution No. 28–Assemblyman Vergiels
FILE NUMBER 82
ASSEMBLY CONCURRENT RESOLUTION–Designating May 5 as Nevada’s State Day of Prayer.
Whereas, Recognizing the importance of prayer to America’s colonists, the Continental Congress proclaimed the first National Day of Prayer in 1775; and
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ê1983 Statutes of Nevada, Page 2162 (FILE NUMBER 82, ACR 28)ê
Whereas, In January of this year, the President of the United States of America made a proclamation declaring May 5, 1983, a National Day of Prayer; and
Whereas, Members of this legislature have been invited to attend a brief gathering for prayer in the north patio of the legislative building at 12:10 p.m. on May 5; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That this legislature designates May 5 a State Day of Prayer, hoping that every Nevadan will set aside a time to pray for world peace and better understanding among all mankind.
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Assembly Joint Resolution No. 13–Committee on Natural Resources, Environment and Agriculture
FILE NUMBER 83
ASSEMBLY JOINT RESOLUTION–Requesting federal authorities to relax standards on fluoride levels in water.
Whereas, In 1974, the Safe Drinking Water Act was enacted to ensure national compliance with standards in the treatment of drinking water; and
Whereas, One standard of the Act provides for a maximum allowable fluoride content of 1.78 parts per million; and
Whereas, The Moapa Valley Water Company system which serves Overton and Logandale, Nevada, has a fluoride level of 2.16 parts per million, only .4 parts per million above the federal standard; and
Whereas, The estimated cost of constructing a water treatment plant to correct this could exceed $500,000, an amount which would increase unreasonably the 2,700 consumers’ fees; and
Whereas, Many experts view present standards for fluoride as too restrictive and believe that seasonal fluctuations in the levels of fluoride are beneficial to health as related to oral hygiene and skeletal development; and
Whereas, Economically feasible alternatives for water treatment facilities for small water systems need to be developed within the framework of the Safe Drinking Water Act; now, therefore, be it
Resolved by the Assembly and the Senate of the State of Nevada, jointly, That this legislature urgently requests the President of the United States, the Administrator of the Environmental Protection Agency and the Congress of the United States to take appropriate action to modify fluoride standards in water supply systems, without adversely affecting the public’s health; and be it further
Resolved, That copies of this resolution be transmitted forthwith to the President of the United States, the Administrator of the Environmental Protection Agency, the Vice President as presiding officer of the Senate, the Speaker of the House of Representatives and to each member of the Nevada congressional delegation; and be it further
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ê1983 Statutes of Nevada, Page 2163 (FILE NUMBER 83, AJR 13)ê
the President of the United States, the Administrator of the Environmental Protection Agency, the Vice President as presiding officer of the Senate, the Speaker of the House of Representatives and to each member of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
Assembly Concurrent Resolution No. 29–Assemblyman Bourne
FILE NUMBER 84
ASSEMBLY CONCURRENT RESOLUTION–Commending Washoe County’s department of parks and recreation for planting trees in observance of Arbor Day.
Whereas, Arbor Day is observed every year by the State of Nevada on the last Friday in April; and
Whereas, On this day the people of this state plant trees, shrubs and vines to promote beautification of Nevada’s landscape; and
Whereas, This year Washoe County’s department of parks and recreation has organized a major project for planting trees at Rancho San Rafael Regional Park on Saturday, April 30, 1983, in observance of Arbor Day; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That Washoe County’s department of parks and recreation be commended on its efforts to involve the community in this worthwhile project; and be it further
Resolved, That a copy of this resolution be prepared and transmitted by the legislative counsel to Mr. Gene Sullivan, director of Washoe County’s department of parks and recreation.
________
Senate Concurrent Resolution No. 31–Senator Raggio
FILE NUMBER 85
SENATE CONCURRENT RESOLUTION–Designating April 24 through April 30, 1983, as Secretaries’ Week and April 27, 1983, as Secretaries’ Day and commending secretaries for their valuable contributions.
Whereas, Conscientious and efficient secretaries are essential to the proper management of any business; and
Whereas, The duties demanded of a secretary require sophisticated skills and the ability to assume tremendous responsibility while exercising initiative and sound business judgment; and
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ê1983 Statutes of Nevada, Page 2164 (FILE NUMBER 85, SCR 31)ê
Whereas, Secretaries, because of their knowledge of computer systems and ability to work with detail, have played a major role in the successful conversion to automation in many businesses; and
Whereas, Accomplished secretaries devote extensive time and energy to the acquisition of requisite skills; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature of the State of Nevada commends secretaries employed in this state on their professionalism and their valuable contributions to the business world; and be it further
Resolved, That the legislature designates April 24 through April 30, 1983, as Secretaries’ Week and further designates April 27, 1983, as Secretaries’ Day.
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Assembly Concurrent Resolution No. 30–Assemblymen Bergevin, Bremner, Malone, Getto, Price, May, Stewart, Jeffrey, Bilyeu, Brady, Joerg, Nicholas, Thomas, Zimmer, Francis, Craddock, Vergiels, Swain, Berkley, Ham, Kovacs, Bourne, Nevin, Fay, Bogaert, Stone, Collins, Redelsperger, Perry, Thompson, DuBois, Dini, Humke, Chaney, Sedway, Beyer, Coffin, Schofield, Sader, Banner and Kerns
FILE NUMBER 86
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late Louise M. Marvel.
Whereas, This legislature was deeply saddened to hear that Louise M. Marvel, matriarch of a Nevada family who developed one of Nevada’s largest cattle and sheep operations, died February 24, 1982, at the age of 82; and
Whereas, Louise Marvel, born August 2, 1899, was a lifetime resident of Battle Mountain, Nevada; and
Whereas, Her father, W. T. Jenkins, an immigrant from Wales, began ranching in the 1870’s and when he died in 1901, Mrs. Marvel’s mother continued the operation until her death in 1919; and
Whereas, That year the 20-year-old Louise Marvel and her husband, the late Ernest “Cap” Marvel, took over the development of the ranch and later with the help of their three sons, John, Richard and Thomas, eventually enlarged it to about 278,000 acres which included portions of Lander, Elko, Humboldt, Eureka and Pershing counties; and
Whereas, In 1962, Mrs. Marvel became the only woman to ever receive the distinction of being named “Cattleman of the Year,” by the Nevada Cattlemen’s Association; and
Whereas, She was also honored by the University of Nevada in 1966 as a “Distinguished Nevadan,” listed in “Who’s Who In The West” and “Who’s Who In American Women”; and
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ê1983 Statutes of Nevada, Page 2165 (FILE NUMBER 86, ACR 30)ê
Whereas, Mrs. Marvel was a member of the state parks commission and the St. Andrews Episcopal Church, founded by her mother; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That this legislature extends its condolences to the surviving family which along with her sons includes 12 grandchildren and 25 great-grandchildren; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to Mrs. Marvel’s surviving sons.
________
Senate Concurrent Resolution No. 21–Senator Faiss
FILE NUMBER 87
SENATE CONCURRENT RESOLUTION–Directing the legislative commission to complete its interim studies by a certain date.
Whereas, The Nevada legislature has directed the legislative commission to study subjects which are of current importance to the citizens of this state; and
Whereas, The members of the legislature need accurate information on which to base effective legislation; and
Whereas, This information can be provided by the studies of the legislative commission; and
Whereas, Many important projects are advanced through the studies of the legislative commission; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to complete by September 1, 1984, all the interim studies which have been assigned to it by the 62nd session of the legislature.
________
Assembly Concurrent Resolution No. 32–Committee on Legislative Functions
FILE NUMBER 88
ASSEMBLY CONCURRENT RESOLUTION–Commending the Nevada Library Association for the fine job done by the “legislative hotline.”
Whereas, The “legislative hotline” was initially created by the Nevada Library Association in 1975 in an attempt to inform local libraries of current issues in the legislature; and
Whereas, In 1981 the service was opened to the public and some 5,500 inquiries were handled during that legislative session; and
Whereas, The public has begun to reply on the “legislative hotline” for the latest information on the legislature; now, therefore, be it
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ê1983 Statutes of Nevada, Page 2166 (FILE NUMBER 88, ACR 32)ê
Resolved by the Assembly of the State of Nevada, the Senate concurring, That members of the 62nd session of the legislature of the State of Nevada hereby commend the employees who work on the “legislative hotline” for their professionalism and courtesy and the Nevada Library Association for providing this invaluable service to the citizens of Nevada; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Joan Kirschner, assistant state librarian.
________
Senate Concurrent Resolution No. 33–Senator Gibson
FILE NUMBER 89
SENATE CONCURRENT RESOLUTION–Requesting the return to the senate from the governor’s office of Senate Bill No. 289.
Whereas, Senate Bill No. 289 has passed both houses of the 62nd session of the legislature and has been delivered to the governor; and
Whereas, Senate Bill No. 289 needs further legislative attention; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the governor of the State of Nevada is hereby respectfully requested to return Senate Bill No. 289 to the senate for further consideration.
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Assembly Concurrent Resolution No. 33–Assemblymen May, Craddock, Vergiels, Banner, Bergevin, Berkley, Beyer, Bilyeu, Bogaert, Bourne, Brady, Bremner, Chaney, Coffin, Collins, Dini, DuBois, Fay, Francis, Getto, Ham, Humke, Jeffrey, Joerg, Kerns, Kovacs, Malone, Marvel, Nevin, Nicholas, Perry, Price, Redelsperger, Sader, Schofield, Sedway, Stewart, Stone, Swain, Thomas, Thompson and Zimmer
FILE NUMBER 90
ASSEMBLY CONCURRENT RESOLUTION–Designating April 28 as Nevada REALTORS® Day.
Whereas, There are currently 3,505 REALTORS® working in Nevada; and
Whereas, This legislature recognizes the importance of the service REALTORS® provide to the citizens of Nevada; and
Whereas, A better understanding of the legislative process is beneficial to all REALTORS® as laws are enacted every session which directly affect owners of property in Nevada; and
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ê1983 Statutes of Nevada, Page 2167 (FILE NUMBER 90, ACR 33)ê
Whereas, On April 28, 1983, REALTORS® from Nevada will come to Carson City to meet members of this legislature; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That April 28 is designated as Nevada REALTORS® Day; and be it further
Resolved, That members of the 62nd session of the Nevada legislature commend the REALTORS® of Nevada for their encouragement and support of the free enterprise system as they continue to promote ownership of private property by Nevada’s citizens; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to the Nevada Association of REALTORS®.
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Senate Concurrent Resolution No. 34–Senator Jacobsen
FILE NUMBER 91
SENATE CONCURRENT RESOLUTION–Memorializing the late Tony Beard, pioneer in legislative security.
Whereas, The members of the 62nd session of the Nevada legislature sadly note the death of Tony Beard, former chief sergeant at arms of the California state assembly; and
Whereas, The procedure for emergencies and much of the security equipment used in Nevada’s legislative building were chosen after careful consideration of the suggestions made by Mr. Beard; and
Whereas, In 1974 Tony Beard organized the first national training session for legislative security which is now an annual meeting; and
Whereas, Tony was appointed to the first Council of State Governments’ Committee on Legislative Security, a committee formed at the request of President Lyndon B. Johnson; and
Whereas, Tony Beard was dedicated toward improving all aspects of security within legislative buildings and he shared this knowledge enthusiastically; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That members of this body express their sorrow and extend their deepest sympathy to the family of Toney Beard; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to Tony Beard, Jr.
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ê1983 Statutes of Nevada, Page 2168ê
Assembly Concurrent Resolution No. 34–Assemblymen May, Vergiels, Zimmer, Kovacs, Swain, Coffin, Thomas, Beyer, Nicholas, Chaney, DuBois, Sedway, Joerg, Bilyeu, Francis, Kerns, Craddock, Humke, Berkley, Redelsperger, Thompson, Perry, Collins, Price, Bergevin, Fay, Malone, Nevin, Stewart, Ham, Stone, Banner, Jeffrey, Dini, Schofield, Getto, Sader, Bogaert, Brady, Bourne, Marvel and Bremner
FILE NUMBER 92
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late James Deskin.
Whereas, The members of this legislature were deeply saddened to learn of the recent death of James Deskin; and
Whereas, Born October 16, 1905, in Terre Haute, Indiana, James Deskin made Nevada his home until his death on April 17, 1983; and
Whereas, Jim was an active and enthusiastic supporter of athletics in Nevada; he served as president of the World Boxing Association, vice president of the World Boxing Council and was a member of the Nevada athletic commission for 22 years; and
Whereas, During Jim’s involvement with the Nevada athletic commission, his reputation as a man of high principles, integrity and compassion became evident, as did his belief that the welfare of an athlete should be the first consideration in any decision made by the commission; and
Whereas, A rare human quality often attributed to Jim was his ability to relate to people of all walks of life; and
Whereas, Although James Deskin’s death has created a void in the lives of his numerous friends, in death as in life, his sense of humor, personal charm and his love for life will always be remembered; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That members of the 62nd session of the Nevada legislature express their sincere condolences to his widow, Ruthe, and his children Jack, Terry and Nancy; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Ruthe Deskin.
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Assembly Concurrent Resolution No. 36–Committee on Ways and Means
FILE NUMBER 93
ASSEMBLY CONCURRENT RESOLUTION–Providing for the compensation of clergy for services rendered to the assembly and senate in the 62nd session of the Nevada legislature.
Whereas, During the present session of the legislature certain clergy, representing various denominations, have rendered daily religious services to the assembly and the senate; and
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ê1983 Statutes of Nevada, Page 2169 (FILE NUMBER 93, ACR 36)ê
Whereas, A reasonable compensation should be provided for such services; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the state controller is authorized and directed to pay the sum of $25 per service out of the legislative fund to members of the clergy who have performed religious services for the assembly and the senate during the 62nd session of the Nevada legislature.
________
Senate Concurrent Resolution No. 25–Senator Wilson
FILE NUMBER 94
SENATE CONCURRENT RESOLUTION–Requiring the state universities and public high schools to work together to improve instruction of pupils in reading, writing and mathematics.
Whereas, The nation and the State of Nevada have expressed increasing concern in recent years over the lack of basic skills in reading, writing and mathematics displayed by high school graduates; and
Whereas, The public interest requires that high school graduates have reasonable levels of competence in reading, writing and mathematics; and
Whereas, It is essential for students beginning college to have reasonable levels of competence in reading, writing and mathematics; and
Whereas, The University of Nevada System prepares a majority of the teachers in this state for certification; and
Whereas, The University of Nevada System offers admission to all graduates of high schools in Nevada; and
Whereas, The University of Nevada System necessarily has a major responsibility in determining the skills necessary to succeed academically in its schools; and
Whereas, Academic qualification for college-level work requires that a high school graduate be able to write coherent, unified paragraphs with topic sentences and supporting detail; write brief essays of at least 400 words of thesis with extended example, description and narration types; construct essays with beginnings, middles and ends; revise through addition; write complete sentences, including properly punctuated compound and complex sentences; and observe the conventions of standard written English; and
Whereas, Academic qualification for college-level work requires that pupils complete at least 2 years of instruction in mathematics, including 1 year of plane geometry and 1 year of algebra, covering at least the topics of linear equations, systems of equations, integral exponents, special products and factoring; now, therefore, be it
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ê1983 Statutes of Nevada, Page 2170 (FILE NUMBER 94, SCR 25)ê
Resolved by the Senate of the State of Nevada, the Assembly concurring, That representatives of the University of Nevada, Reno, and the University of Nevada, Las Vegas, shall report each year to the school districts and high schools of this state to inform them of the proficiency of the graduates of the various high schools in English and mathematics, and the extent to which the levels of competence necessary for college-level work have been achieved; and be it further
Resolved, That representatives of the University of Nevada System and the department of education shall meet annually to develop a program for improving the competence of pupils in reading, writing and mathematics.
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Senate Concurrent Resolution No. 40–Committee on Transportation
FILE NUMBER 95
SENATE CONCURRENT RESOLUTION–Authorizing expenditure from the legislative fund for the payment of an expert to appear before a standing committee of the Senate during the 62nd session of the legislature.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That expenditure of not more than $150 from the legislative fund is hereby authorized to reimburse Dr. Thorne Butler for his travel from Las Vegas to appear before the Senate’s standing Committee on Transportation during the 62nd session of the legislature.
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Assembly Joint Resolution No. 17–Committee on Natural Resources, Environment and Agriculture
FILE NUMBER 96
ASSEMBLY JOINT RESOLUTION–Urging the Congress of the United States to enact legislation which increases controls on the number of wild horses and burros and which authorizes additional methods of removing the animals from public lands.
Whereas, The Wild Free-roaming Horses and Burros Act of 1971, 16 U.S.C. §§ 1331 et seq., protects wild horses and burros from destruction, caputure or sale by any person or governmental entity except when authorized by the Secretary of the Interior or the Secretary of Agriculture in connection with public lands administered by the Bureau of Land Management and the Forest Service; and
Whereas, The Wild Free-roaming Horses and Burros Act has been overly successful and has allowed once-threatened populations of wild horses and burros in Nevada to increase to the extent that approximately 40,000 wild horses and 2,000 wild burros currently inhabit public lands in this state; and
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ê1983 Statutes of Nevada, Page 2171 (FILE NUMBER 96, AJR 17)ê
approximately 40,000 wild horses and 2,000 wild burros currently inhabit public lands in this state; and
Whereas, The populations of wild horses and burros are increasing at an annual rate between 12 and 18 percent and will, absent stronger measures to control their numbers, double in the next 5 years; and
Whereas, The Wild Free-roaming Horses and Burros Act requires the Secretary of the Interior and the Secretary of Agriculture to manage the wild horse and burro populations in a manner that protects the natural ecological balance to all species of wildlife inhabiting the public lands; and
Whereas, Wild horses and burros are already so numerous that they are destroying the habitat used by other species of wildlife; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature of the State of Nevada strongly urges the Congress of the United States to enact legislation which:
1. Requires the Secretary of the Interior and the Secretary of Agriculture to control strictly the populations of wild horses and burros on public lands; and
2. Authorizes additional or more effective methods for the capture, sale, donation, transfer or other removal of wild horses and burros from public lands in Nevada;
and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the President of the United States, the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives, the Secretary of the Interior, the Secretary of Agriculture, the Director of the Bureau of Land Management, each chairman and each member of the appropriate congressional committees and each member of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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ê1983 Statutes of Nevada, Page 2172ê
Assembly Concurrent Resolution No. 42–Assemblymen Chaney, Collins, Price, Kovacs, Bourne, Nevin, Stone, Bogaert, Fay, Banner, Ham, Jeffrey, Stewart, May, Getto, Thomas, Francis, Brady, Schofield, Nicholas, Beyer, DuBois, Coffin, Sedway, Joerg, Zimmer, Vergiels, Swain, Kerns, Bilyeu, Craddock, Berkley, Humke, Redelsperger, Thompson, Dini, Sader, Perry, Bergevin, Malone, Marvel and Bremner
FILE NUMBER 97
ASSEMBLY CONCURRENT RESOLUTION–Designating May 5 as the day to honor the Black Chamber of Commerce.
Whereas, On July 7, 1980, the Black Chamber of Commerce, Inc., became a reality for the people of the State of Nevada; and
Whereas, This organization was conceived to help fill a void in the black business community; and
Whereas, Members of the Black Chamber of Commerce have worked hard to create a better understanding and appreciation of the importance of the black businessman and a concern for his problems; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That members of the 62nd session of the Nevada legislature commend those members of the Black Chamber of Commerce who have made a positive impact on the black business community and designate May 5 as the day to honor the Black Chamber of Commerce; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to Sarann Knight Preddy, president of the Black Chamber of Commerce.
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Assembly Concurrent Resolution No. 43–Assemblymen Schofield and Jeffrey
FILE NUMBER 98
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late Pat Emery.
Whereas, When Pat Emery passed away on December 26, 1982, the people of the State of Nevada suffered the irreparable loss of one of its most knowledgeable historians of pioneer life on the Colorado River; and
Whereas, Pat Emery was a native of Nevada, born in Las Vegas on April 18, 1929, and resided in Boulder City for many years; and
Whereas, The last four generations of the Emery family have lived on the Colorado River and Pat had spent the last year of his life accumulating materials to fulfill his dream of writing a book on this subject, a dream that now will never be realized; and
Whereas, Pat Emery did, however, build a museum at Nelson which houses a collection of artifacts from Hoover Dam; and
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ê1983 Statutes of Nevada, Page 2173 (FILE NUMBER 98, ACR 43)ê
Whereas, Pat was only 53 years old at the time of his passing, but memories of his dynamic personality and zest for life will remain with all who knew him; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That members of this legislature of the State of Nevada hereby convey their sincere condolences to the family of the late Pat Emery; and be it further
Resolved, That a copy be prepared and transmitted forthwith by the legislative counsel to Patsy, Pat Emery’s widow.
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Assembly Concurrent Resolution No. 44–Assemblymen Vergiels, Humke, Getto, Joerg, Thomas, Jeffrey, Kovacs, Bourne, Stone, Nevin, Fay, Banner, Ham, Brady, Beyer, Coffin, Chaney, DuBois, Sedway, Zimmer, Bilyeu, Kerns, Craddock, Berkley, Redelsperger, Thompson, Dini, Sader, Perry, Collins, Price, Bergevin, May, Bogaert, Malone, Marvel, Bremner, Swain, Francis, Nicholas, Stewart and Schofield
FILE NUMBER 99
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late E. F. “Chow” McGarry.
Whereas, On April 7, 1983, the people of the State of Nevada lost a man who gave unselfishly of himself throughout his life; and
Whereas, E. F. “Chow” McGarry was born June 21, 1922, in Butte, Montana, and lived in Nevada for the last 36 years; and
Whereas, For 31 consecutive Christmas Eves, “Chow” donned the red suit and white beard of Santa Claus as he brought happiness into the lives of youngsters throughout Nevada; and
Whereas, Mr. McGarry was a friend to the Carmelite Sisters of Reno, always offering to assist them in any way that he could; and
Whereas, Mr. McGarry was also active in organizing the Sons of Erin and the Daughters of Erin in both Reno and Las Vegas; now, therefore, be it
Resolved by the Assembly of The State of Nevada, the Senate concurring, That members of this legislative body express their sincere condolences to the family of the late “Chow” McGarry; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to “Chow” McGarry’s widow, Betty.
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ê1983 Statutes of Nevada, Page 2174ê
Senate Joint Resolution No. 19–Committee on Natural Resources
FILE NUMBER 100
SENATE JOINT RESOLUTION–Proposing to amend the Nevada constitution to provide for the management of state lands and to restrict the disposal of the lands and the use of the proceeds therefrom.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That a new article designated Article 20 be added to the constitution of the State of Nevada and that section 3 of article 11 be amended to read respectively as follows:
Article 20.
Section 1. 1. The lands acquired or held in trust by this state must be used, without limitation by enumeration, for recreation, grazing, forestry, mining, the production of oil and gas, the development of geothermal resources and the conservation of water and wildlife, in the broadest combination allowed by the character and capability of the land.
2. These lands must be managed to:
(a) Promote and protect the public interest of the people of this state;
(b) Provide for the most beneficial use of the natural resources of the lands; and
(c) Protect the renewable resources of the lands.
Sec. 2. The proceeds from sales of lands granted to this state by Congress, after deducting the costs of the sales, must be used first in the manner imposed as a condition of granting the lands, and any surplus must be distributed as provided by Article 11 of this Constitution. All other revenue which is derived from those lands, including revenue from oil and gas, mineral, geothermal and grazing leases and sales of timber and gravel, after deducting the costs of managing those lands, must be used first in the manner imposed as a condition of granting the lands, and any surplus, if the lands were obtained before July 1, 1983, must be distributed as provided by Article 11 of this Constitution, and if obtained on or after July 1, 1983, after deducting payments to local governments as provided by law in lieu of taxes on those lands and other deductions permitted by law, may be used by the state without restriction.
Sec. 3. 1. The legislature shall provide by law for the issuance of patents and the reservation of easements and other property interests which assure public access to federal and state lands upon the disposal of lands granted to this state by Congress.
2. The lands acquired or held in trust by this state may not be sold or otherwise disposed of unless the legislature or an agency authorized by the legislature so provides.
Sec. 3. [All lands, including the sixteenth and thirty-sixth sections in any township donated for the benefit of public schools in the act of the Thirty-eighth Congress, to enable the people of Nevada Territory to form a state government, the thirty thousand acres of public lands granted by an act of Congress, approved July second, A.D. eighteen hundred and sixty-two, for each senator and representative in Congress, and all proceeds of lands that have been or may hereafter be granted or appropriated by the United States to this state, and also the five hundred thousand acres of land granted to the new states under the act of Congress distributing the proceeds of the public lands among the several states of the union, approved A.D.
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ê1983 Statutes of Nevada, Page 2175 (FILE NUMBER 100, SJR 19)ê
Congress, and all proceeds of lands that have been or may hereafter be granted or appropriated by the United States to this state, and also the five hundred thousand acres of land granted to the new states under the act of Congress distributing the proceeds of the public lands among the several states of the union, approved A.D. eighteen hundred and forty-one; provided, that Congress make provision for or authorize such diversion to be made for the purpose herein contained; all estates that may escheat to the state; all of such per centum as may be granted by Congress on the sale of lands; all fines collected under the penal laws of the state; all property given or bequeathed to the state for educational purposes, and all proceeds derived from any or all of said sources shall be and the same are hereby solemnly pledged for educational purposes, and shall not be transferred to any other funds for other uses; and the interest thereon shall, from time to time, be apportioned among the several counties as the legislature may provide by law; and the legislature shall provide for the sale of floating land warrants to cover the aforesaid lands, and for the investment of all proceeds derived from any of the above-mentioned sources; provided, that the interest only of the aforesaid proceeds shall be used for educational purposes, and any surplus interest shall be added to the principal sum; and provided further, that such portion of said interest as may be necessary may be appropriated for the support of the state university.] The proceeds from the sales of all lands granted by Congress to this state without restriction or for educational purposes, all estates that escheat to the state and all property given or bequeathed to the state for educational purposes, together with all fines collected under the penal laws of the state and that percentage of the proceeds from the sale of federal lands which has been granted by Congress to this state without restriction or for educational purposes, after deducting the costs of the sales, are hereby pledged for educational purposes and must not be transferred to other funds for other uses. The legislature shall provide by law for the investment of the money pledged for educational purposes. The interest only on that money and the revenue from lands which were obtained by the state before July 1, 1983, must be apportioned by the legislature among the several counties, and, if necessary, a portion of that interest and revenue may be appropriated for the support of the state university, but any of that interest or revenue which is unexpended at the end of any year must be added to the principal sum pledged for educational purposes.
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ê1983 Statutes of Nevada, Page 2176ê
Assembly Joint Resolution No. 21–Assemblymen Dini and Getto
FILE NUMBER 101
ASSEMBLY JOINT RESOLUTION–Urging the Congress of the United States to ratify the California-Nevada Interstate Compact.
Whereas, After many years of negotiation, the states of California and Nevada reached final agreement in 1971 on the California-Nevada Interstate Compact; and
Whereas, In developing the Compact the Joint California-Nevada Interstate Compact Commission met 62 times between 1956 and 1968, and separately the Nevada Compact Commission held 137 meetings and the California Compact Commission held 75 meetings between 1955 and 1972; and
Whereas, Several special committees were formed to consider special problems, including the Joint Truckee River Committee, which met 22 times, the Joint Carson River Committee, which met 31 times, the Joint Walker River Committee, which met 26 times, the Joint Lake Tahoe Committee, which met 16 times, and the Joint Engineering-Legal Committee, which met 10 times; and
Whereas, Other special committees included those on drafting, definitions and water rights, and committees to consider comments received from federal agencies and to explain the compact to interested persons; and
Whereas, The Nevada Compact Commission expended $387,000 from the state general fund between 1956 and 1972 and the California Compact Commission was appropriated $857,000 between 1956 and 1969 and spent additional money to employ consultants; and
Whereas, Under section 10 of Article 1 of the Constitution of the United States, and as provided in article 22 of the compact, ratification by the Congress of the United States is required before the compact may become effective; and
Whereas, Valuable natural resources would be conserved and important agricultural interests would be benefited by congressional ratification; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the Nevada legislature urges the Congress of the United States to ratify the California-Nevada Interstate Compact; and be it further
Resolved, That copies of this resolution be immediately transmitted by the legislative counsel to the Vice President of the United States as presiding officer of the Senate, to the Speaker of the House of Representatives, and to all members of the Nevada congressional delegation; and be it further
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ê1983 Statutes of Nevada, Page 2177 (FILE NUMBER 101, AJR 21)ê
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Joint Resolution No. 16–Committee on Judiciary
FILE NUMBER 102
ASSEMBLY JOINT RESOLUTION–Proposing to amend section 21 of article 6 of the constitution of the State of Nevada, relating to the judicial department, by limiting the circumstances under which the records and proceedings of the commission on judicial discipline are confidential, limiting the appointment of justices and judges to the commission, and extending the commission’s jurisdiction over judges of lower courts.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 21 of article 6 of the constitution of the State of Nevada be amended to read as follows:
Sec. 21. 1. A justice of the supreme court , [or a] district judge , justice of the peace or municipal or police judge may, in addition to the [provision] provisions of article 7 for impeachment [,] and removal, be censured, retired or removed by the commission on judicial discipline. A justice or judge may appeal from the action of the commission to the supreme court, which may reverse such action or take any alternative action provided in this subsection.
2. The commission is composed of:
(a) Two [justices of] district judges , no more than one of whom may be from any one judicial district, or one justice of the supreme court and one district judge, appointed by the supreme court;
(b) Two members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by the governor.
The commission shall elect a chairman from among its three lay members.
3. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or if it fails to do so the supreme court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.
4. The term of office of each appointive member of the commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. An appointing authority shall not appoint more than one resident of any country. The governor shall not appoint more than two members of the same political party.
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ê1983 Statutes of Nevada, Page 2178 (FILE NUMBER 102, AJR 16)ê
than two members of the same political party. No member may be a member of a commission on judicial selection.
5. The [supreme court] commission shall make appropriate rules for [:
(a) The confidentiality of all proceedings before the commission, except a decision to censure, retire or remove a justice or judge.
(b) The grounds of censure.
(c) The] the conduct of investigations and hearings.
[6.] The supreme court shall make appropriate rules defining the grounds of censure.
6. Before adopting, amending or repealing any such rule, the commission or court shall hold a public hearing, upon 30 days’ notice published in one or more newspapers whose combined circulation is general throughout the state. The adoption, amendment or repeal becomes effective 30 days after the commission takes action or the entry of the court’s order embodying its action.
7. No justice or judge may by virtue of this section be:
(a) Removed except for willful misconduct, willful or persistent failure to perform the duties of his office or habitual intemperance; or
(b) Retired except for advanced age which interferes with the proper performance of his judicial duties, or for mental or physical disability which prevents the proper performance of his judicial duties and which is likely to be permanent in nature.
[7.] 8. Any person may bring to the attention of the commission any matter relating to the fitness of a justice or judge. The commission shall, after preliminary investigation, dismiss the matter or order a hearing to be held before it. If a hearing is ordered, a statement of the matter [shall] must be served upon the justice or judge against whom
the proceeding is brought. The commission in its discretion may suspend a justice or judge from the exercise of his office pending the determination of the proceedings before the commission. Any justice or judge whose removal is sought is liable to indictment and punishment according to law. A justice or judge retired for disability in accordance with this section is entitled thereafter to receive such compensation as the legislature may provide.
[8.] 9. If a proceeding is brought against a justice of the supreme court, no justice may sit on the commission for that proceeding. If a proceeding is brought against a district judge, no judge from the same judicial district may sit on the commission for that proceeding. If an appeal is taken from an action of the commission to the supreme court, any justice who sat on the commission for that proceeding is disqualified from participating in the consideration or decision of the appeal. When any member of the commission is disqualified by this subsection, the supreme court shall appoint a substitute from among the eligible judges.
[9.] 10. The commission may:
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ê1983 Statutes of Nevada, Page 2179 (FILE NUMBER 102, AJR 16)ê
(a) Designate for each hearing an attorney or attorneys at law to act as counsel to conduct the proceeding;
(b) Summon witnesses to appear and testify under oath and compel the production of books, papers documents and records;
(c) Grant immunity from prosecution or punishment when the commission deems it necessary and proper in order to compel the giving of testimony under oath and the production of books, papers, documents and records; and
(d) Exercise such further powers as the legislature may from time to time confer upon it.
11. The existence and records of an investigation of the fitness of a justice or judge by the commission are confidential unless and until the contents are revealed in a hearing. The hearing and the records made during the hearing are open to the public. The deliberations of the commission are confidential but the decision of the commission made after the public hearing must be made public. The commission shall provide by rule for preserving the confidentiality of records and proceedings when required by this subsection and for permitting attendance at hearings and the inspection of records when required by this subsection.
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Senate Joint Resolution No. 16–Committee on Government Affairs
FILE NUMBER 103
SENATE JOINT RESOLUTION–Urging the Congress of the United States to enact promptly legislation authorizing nonreimbursable expenditures to repair pumps at the Southern Nevada Water Project.
Whereas, Construction of the first stage of the Southern Nevada Water Project was completed by the United States Bureau of Reclamation in November of 1971, pursuant to Public Law 89-292; and
Whereas, The Bureau of Reclamation under Solicitation DS-6637 furnished and installed the pumps, motors and appurtenant equipment for the 50 cubic feet per second, 2500 horsepower units located in Pumping Plants 1A and 2A; and
Whereas, In January of 1973, such a unit, after performing for approximately 2,100 hours, was dismantled because of abnormal operational noises; and
Whereas, Excessive damage to the pump was discovered due to cavitation; and
Whereas, The one-year warranty of the contractor, Hitachi America, Ltd., had expired; and
Whereas, Subsequent expenses for maintenance and rehabilitation have been excessive, costing Hitachi approximately $1,000,000, the users of the water $300,000 and the Bureau of Reclamation $150,000; and
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ê1983 Statutes of Nevada, Page 2180 (FILE NUMBER 103, SJR 16)ê
users of the water $300,000 and the Bureau of Reclamation $150,000; and
Whereas, It has been determined, after testing of the pumping units, that stainless steel casings for the pumps are required to replace the existing cast steel casings as a reasonable and most economical solution to the problem; and
Whereas, Nevada’s congressional delegation has sponsored and introduced H.R. 2146, 98th Cong., 1st Sess. (1983) and S. 818, 98th Cong., 1st Sess. (1983) for consideration by the United States Congress to authorize money, without reimbursement for the Secretary of the Interior to purchase the stainless steel casings; and
Whereas, The users of the water have agreed to absorb the cost of the installation of the stainless steel casings and the necessary rehabilitative work; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Nevada legislature supports the provisions of H.R. 2146 and S. 818 of the 98th Congress and urges their prompt consideration and enactment; and be it further
Resolved, That a copy of this joint resolution be transmitted to the Secretary of the Interior, to the Commissioner of Reclamation, to the Committee on Energy and Natural Resources and the Subcommittee on Water and Power of the United States Senate, to the Committee on Interior and Insular Affairs and the Subcommittee on Water and Power Resources of the United States House of Representatives, and to each member of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Joint Resolution No. 28–Assemblymen Malone, Bourne, Ham, Thomas, Coffin, Zimmer, Swain, Francis, Joerg, Sedway, DuBois, May, Fay, Kovacs, Stone, Bremner, Marvel, Bergevin, Bogaert, Collins, Perry, Sader, Jeffrey, Brady, Dini, Price, Thompson, Redelsperger, Berkley, Craddock, Kerns, Bilyeu, Nicholas, Schofield, Chaney, Beyer, Nevin, Banner, Getto, Humke and Vergiels
FILE NUMBER 104
ASSEMBLY JOINT RESOLUTION–Memorializing Congress and the President to provide for health care for veterans exposed to atomic radiation.
Whereas, There are approximately 250,000 veterans in the United States who were exposed to atomic radiation during the occupation of Japan and in conjunction with at least 235 atmospheric tests of nuclear weapons conducted up to as recently as 1962; and
Whereas, These veterans are now suffering myriad health problems including cancer, degenerative bone and nerve diseases, intestinal disorders, blood and respiratory diseases, emotional problems, and birth defects in children and grandchildren; and
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ê1983 Statutes of Nevada, Page 2181 (FILE NUMBER 104, AJR 28)ê
including cancer, degenerative bone and nerve diseases, intestinal disorders, blood and respiratory diseases, emotional problems, and birth defects in children and grandchildren; and
Whereas, Recent medical evidence indicates that all of these ailments are associated with exposure to atomic radiation; and
Whereas, These veterans have typically been hesitant to come forward for fear of prosecution under secrecy statutes, possible loss of medical benefits and diminished potential for employment; and
Whereas, Regulations published by the Veterans’ Administration on December 2, 1981, pertaining to the provision of health care to veterans exposed to atomic radiation do not address health problems other than cancer; and
Whereas, Current regulations of the Veterans’ Administration have been used to deny 98 percent of the claims by veterans for health care and compensation for health problems related to exposure to atomic radiation; and
Whereas, Under these regulations a veteran must prove that he was exposed to atomic radiation through his own initiative in securing records that often are incomplete or missing entirely; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the Nevada legislature respectfully memorializes the President and the Congress of the United States to direct the Administrator of Veterans’ Affairs to revise the current regulations of the Veterans’ Administration regarding the provision of health care to veterans exposed to atomic radiation to fully recognize the body of medical evidence associating exposure to atomic radiation with a wide range of health problems; and be it further
Resolved, That the Nevada legislature respectfully requests that other appropriate agencies and resources of the United States be brought to bear in an investigation of the health and genetic complaints of veterans exposed to atomic radiation and of the apparent loss of records and documentation pertaining to exposure of persons and military units; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the President and Vice President of the United States, the Speaker of the House of Representatives, each United States Senator and Representative in Congress from Nevada and the Administrator of Veterans’ Affairs; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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ê1983 Statutes of Nevada, Page 2182ê
Senate Joint Resolution No. 20–Committee on Taxation
FILE NUMBER 105
SENATE JOINT RESOLUTION–Urging the Congress of the United States to enact promptly legislation classifying the city-county relief tax as a locally imposed tax for the purpose of allocating money for revenue sharing.
Whereas, The Nevada legislature in 1981 responded to the desire of property owners in this state for relief from local property taxes by substantially reducing those taxes; and
Whereas, The reduction in property taxes necessitated increasing the city-county relief tax, enacted as chapter 377 of NRS, and making its imposition mandatory, where previously this tax on retail sales was imposed at the option of each county; and
Whereas, Local sales taxes which are required by the state to be imposed have not been included as a tax imposed by local government for the purposes of calculating allocations of money to those local governments in the program of revenue sharing; and
Whereas, The state does not specify the purposes for which a county or the local governments within its territory may spend the revenues derived from this tax; and
Whereas, This result as between the state and the counties is closely analogous to the situation treated in 31 U.S.C. § 1228(e)(2)(B) where a county sales tax collected within the geographic area of a local government and transferred to that local government is treated as a tax of that local government and not of the county; and
Whereas, Exclusion of the city-county relief tax will significantly change federal allocations to Nevada’s local governments at a time when the financial needs of these local governments and their ability to raise revenue have not changed proportionately in the current period of entitlement over prior periods; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Nevada legislature urges the Congress of the United States to enact promptly appropriate legislation to provide that in determining the adjusted taxes for local governments in the State of Nevada for the purposes of allocating money to them under the State and Local Fiscal Assistance Act of 1972 (Public Law 92-512) for the fiscal year ending June 30, 1982, and for each fiscal year thereafter, the city-county relief tax, imposed under chapter 377 of NRS, be classified and treated as a locally imposed tax and not as revenue provided by the state in aid of its local governments; and be it further
Resolved, That a copy of this joint resolution be transmitted by the legislative counsel to the President of the United States, the Vice President as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada congressional delegation; and be it further
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ê1983 Statutes of Nevada, Page 2183 (FILE NUMBER 105, SJR 20)ê
Resolved, That this resolution shall become effective upon passage and approval.
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Senate Joint Resolution No. 17–Committee on Government Affairs
FILE NUMBER 106
SENATE JOINT RESOLUTION–Urging Congress to provide land for and establish a trade district in Nevada.
Whereas, The State of Nevada must continue to diversify its economy; and
Whereas, The economy of this state would benefit by the development of additional commercial enterprises which would attract more revenue into the state, provide more diversified occupational opportunities and contribute to an expansion of the state’s tax base; and
Whereas, This state is blessed with an abundance of natural resources which may be harnessed commercially to provide sources of energy alternate to fossil fuel and nuclear power; and
Whereas, The development of solar, geothermal and wind sources of energy can substantially contribute to the diversification of the economy of this state; and
Whereas, The existing potential for development, which must be realized with a sensitivity to the environment and the interests and goals of the western states of the United States, involves major development of public works, including improved systems of public transportation, better land use planning and more economical use of natural resources, new opportunities for capital investment and more occupational opportunities for residents of the western United States; and
Whereas, The United States continues to experience a serious disadvantage in international marketing which is exacerbated by a negative balance of payments; and
Whereas, The State of Nevada, in cooperation with other western states, has particular geographical advantages as a gateway to the growing markets for international trade in the Pacific Basin which contains at least half of the world’s population; and
Whereas, The development of a major international center of trade within this state would enhance the position of the United States as an international marketing force, serve as a showcase for the commercial application of sources of energy developed within the state, promote the development of commercial enterprises compatible with the traditional businesses of this state and contribute to the financial stability of this state; and
Whereas, Significant inquiry, research and planning have been undertaken by various agencies of this state and by private organizations, particularly the Nevada International Trade Exchange, a Nevada nonprofit corporation, to determine whether the development of an international trade center in Nevada is economically feasible and whether it would benefit the citizens of Nevada and the United States; and
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ê1983 Statutes of Nevada, Page 2184 (FILE NUMBER 106, SJR 17)ê
undertaken by various agencies of this state and by private organizations, particularly the Nevada International Trade Exchange, a Nevada nonprofit corporation, to determine whether the development of an international trade center in Nevada is economically feasible and whether it would benefit the citizens of Nevada and the United States; and
Whereas, The results of that effort indicate that it is appropriate now to establish a trade district comprising public lands in certain counties of this state as the next step toward the development of a major international center of trade in Nevada; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Nevada legislature hereby urges the Congress of the United States to enact appropriate legislation to facilitate the establishment of the Western United States Trade District, composed of federally owned public lands in the Nevada counties of Churchill, Lyon and Pershing, identified by the Nevada International Trade Exchange, Inc.; and be it further
Resolved, That the members of the Nevada congressional delegation are urged to draft and introduce the appropriate legislation and to work, with the assistance of the Nevada International Trade Exchange, Inc., and in cooperation with the appropriate federal agencies and the other members of Congress, to assure the prompt passage of this legislation and the timely development of the Western United States Trade District; and be it further
Resolved, That copies of this resolution be immediately transmitted by the legislative counsel to the legislatures of the western states of the United States, all members of the Nevada congressional delegation and to the United States Departments of Agriculture, Commerce, Energy, the Interior, State and Transportation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Concurrent Resolution No. 46–Assemblyman Stone
FILE NUMBER 107
ASSEMBLY CONCURRENT RESOLUTION–Requesting the return to the assembly from the governor’s office of Assembly Bill No. 411.
Whereas, Assembly Bill No. 411 has passed both houses of the 62nd session of the legislature and has been delivered to the governor; and
Whereas, Assembly Bill No. 411 needs further legislative attention; now, therefore, be it
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ê1983 Statutes of Nevada, Page 2185 (FILE NUMBER 107, ACR 46)ê
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the governor of the State of Nevada is hereby respectfully requested to return Assembly Bill No. 411 to the assembly for further consideration.
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Assembly Joint Resolution No. 25–Committee on Economic Development, Tourism and Mining
FILE NUMBER 108
ASSEMBLY JOINT RESOLUTION–Urging Congress to increase allocations for the support of the United States Travel and Tourism Administration and to enact legislation providing for the waiver of visas.
Whereas, The national tourism policy established by Congress in 1981 recognizes the contribution of tourism to economic prosperity, full employment and the international balance of payments and stresses the importance of encouraging the free and welcome entry of persons from foreign countries traveling to the United States; and
Whereas, Promoting the United States as a destination is a necessary and appropriate federal function which has been vested in the United States Travel and Tourism Administration in the Department of Commerce; and
Whereas, Allocations of money to the United States Travel and Tourism Administration enable it to compete with other countries in attracting foreign visitors and constitute an investment which brings a high rate of return in benefits to the economy; and
Whereas, Current allocations to the agency are inadequate for a full and effective program, but congressional proposals are pending which would authorize a more realistic level of support; and
Whereas, Proposals are also pending which would reduce impediments to travel by waiving the requirement for visas for persons from certain countries who come to the United States for 90 days or less; and
Whereas, Attracting more visitors to the United States will provide increased opportunities for employment and produce much-needed tax revenues in states such as Nevada whose economies are highly dependent on tourism; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That this legislature urges the Congress of the United States to increase its allocations of money to the United States Travel and Tourism Administration to a level which will enable the agency effectively to carry out its function of encouraging persons from foreign countries to travel to the United States; and be it further
Resolved, That this legislature urges the enactment of legislation providing for the waiver of requirements for visas for travelers to the United States wherever feasible; and be it further
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ê1983 Statutes of Nevada, Page 2186 (FILE NUMBER 108, AJR 25)ê
providing for the waiver of requirements for visas for travelers to the United States wherever feasible; and be it further
Resolved, That the legislative counsel shall forthwith transmit copies of this resolution to the Vice President of the United States as President of the Senate, the Speaker of the House of Representatives, the chairman of the Subcommittee on Business, Trade and Tourism of the State Committee on Commerce, Science and Transportation and each member of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Joint Resolution No. 22–Assemblymen Marvel, Getto, Bogaert, Thompson, Bergevin and Dini
FILE NUMBER 109
ASSEMBLY JOINT RESOLUTION–Requesting the conveyance of certain land to the Pershing County water conservation district.
Whereas, The Pershing County Water Conservation District entered into a “repayment contract” on the 1st day of October, 1934, (Contract Nos. 11r-774, 14-06-400-429 and 14-06-200-919A) with the Bureau of Reclamation of the Department of Interior to provide for the construction of Rye Patch Dam (known as the “Humboldt Project”); and
Whereas, 29,884 acres, more or less, were purchased to secure the water rights to provide seasonal and long-term regulation of the Humboldt River; and
Whereas, The Pershing County Water Conservation District in 1978 repaid the United States all of the money for the “Humboldt Project”; and
Whereas, The 29,884 acres, more or less, are required to continue to provide seasonal and long-term regulation of the Humboldt River and as a community pasture; and
Whereas, The enabling legislation for the “Humboldt Project,” (45 Stat. 195, et seq.), provided that title to 29,884 acres, more or less, was to remain in the name of the United States until further act of Congress; and
Whereas, The board of directors of the Pershing County Water Conservation District and the county commissioners of Lander County, Nevada, have adopted resolutions requesting that all right, title and interest in and to the 29,884 acres, more or less, be conveyed to the Pershing County Water Conservation District; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature calls upon the Congress of the United States to enact legislation directing the Secretary of the Interior to transfer all right, title and interest of the United States in and to some 29,884 acres, more or less, to the Pershing County Water Conservation District; and be it further
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ê1983 Statutes of Nevada, Page 2187 (FILE NUMBER 109, AJR 22)ê
transfer all right, title and interest of the United States in and to some 29,884 acres, more or less, to the Pershing County Water Conservation District; and be it further
Resolved, That copies of this resolution be transmitted forthwith to the Vice President of the United States as President of the Senate, to the Speaker of the House of Representatives, and to each member of the congressional delegation of the State of Nevada; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
Senate Joint Resolution No. 22–Committee on Legislative Affairs
FILE NUMBER 110
SENATE JOINT RESOLUTION–Supporting and encouraging international trade in Nevada.
Whereas, The State of Nevada must continue to diversify its economy; and
Whereas, The economy of this state would benefit by the development of additional industrial and commercial enterprises which would attract more revenues into the state, provide more diversified occupational opportunities and contribute to an expansion of the state’s tax base; and
Whereas, The United States continues to experience a serious disadvantage in international marketing which is exacerbated by a negative balance of payments; and
Whereas, The State of Nevada has particular geographical advantages as a gateway to the growing markets for international trade in the Pacific Basin which contains at least half of the world’s population; and
Whereas, The development of international trade in Nevada would enhance the position of the United States as a force in international marketing, promote the development of industrial and commercial enterprises compatible with the traditional businesses of Nevada and contribute to the financial stability of this state; and
Whereas, The Federal Government has recently approved a new free trade zone in Nevada; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Nevada legislature supports and encourages the development of international trade in this state as a means of attracting industrial and commercial enterprises to Nevada, and as an aid to the diversification of the economy of this state; and be it further
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ê1983 Statutes of Nevada, Page 2188 (FILE NUMBER 110, SJR 22)ê
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Joint Resolution No. 24–Assemblymen Dini, Getto and Jeffrey
FILE NUMBER 111
ASSEMBLY JOINT RESOLUTION–Urging the United States Congress to enact legislation to require imported foreign goods to meet domestic standards for safety.
Whereas, The United States imports many goods; and
Whereas, The United States Congress has enacted standards to ensure that the goods produced in this country are safe to use; and
Whereas, The same reasons for enacting those domestic standards for safety equally apply when foreign goods are imported and used; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature of the State of Nevada urges the Congress of the United States to enact legislation which requires that imported foreign goods meet the domestic standards for safety; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President of the United States as presiding officer of the Senate, to the Speaker of the House of Representatives and to all members of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
Senate Joint Resolution No. 23–Committee on Judiciary
FILE NUMBER 112
SENATE JOINT RESOLUTION–Proposing to amend the Nevada constitution to allow the legislature to provide for referees in district courts.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 6 of article 6 of the constitution of the State of Nevada be amended to read as follows:
Sec. 6. 1. The District Courts in the several Judicial Districts of this State shall have original jurisdiction in all cases excluded by law from the original jurisdiction of justices’ courts. They shall also have final appellate jurisdiction in cases arising in Justices Courts, and such other inferior tribunals as may be established by law. The District Courts, and the Judges thereof shall have power to issue writs of Mandamus, Injunction, Quo-Warranto, Certiorari, and all other writs proper and necessary to the complete exercise of their jurisdiction; and also shall have power to issue writs of Habeas Corpus on petition by, or on behalf of any person held in actual custody in their respective districts.
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ê1983 Statutes of Nevada, Page 2189 (FILE NUMBER 112, SJR 23)ê
Courts, and the Judges thereof shall have power to issue writs of Mandamus, Injunction, Quo-Warranto, Certiorari, and all other writs proper and necessary to the complete exercise of their jurisdiction; and also shall have power to issue writs of Habeas Corpus on petition by, or on behalf of any person held in actual custody in their respective districts.
2. The legislature may provide by law for referees in district courts.
________
Senate Joint Resolution No. 15–Committee on Natural Resources
FILE NUMBER 113
SENATE JOINT RESOLUTION–Memorializing Congress to grant an additional 6,205,522 acres of public land to Nevada.
Whereas, The United States Government, after more than 118 years have elapsed since Nevada became a state, still retains 86.8 percent of the land in Nevada; and
Whereas, The growth in population within this state and the resulting change in the use of the land has placed a heavy demand on the state and local governments to provide additional facilities for governmental services while abandoning existing facilities which have been rendered ineffective by changes in population; and
Whereas, These vast federally owned areas create a major tax burden on the owners of private property in this state to meet the needs of children for public schooling and other services; and
Whereas, Intermingled ownership of land among private persons and federal governmental agencies severely restricts proper practices for the conservation of this state’s natural resources and the preservation of recreational, wildlife and environmental areas which are best suited for management by the state and local governments; and
Whereas, The federal ownership of a majority of the land in this state prohibits the orderly expansion of landlocked cities on a planned basis, without an adverse effect on the existing economy of local areas; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Nevada legislature memorializes the Congress of the United States to review the 1970 report of the Nevada state committee on federal land laws and Bulletin No. 83-8 of the select committee on public lands and, pursuant thereto, grant to Nevada an additional 6,205,522 acres of public land for the benefit of the public schools; and be it further
Resolved, That copies of this resolution and the publications referred to in this resolution be immediately transmitted by the legislative counsel to the President of the United States, the Vice President as presiding officer of the Senate, the Secretary of the Interior, the Speaker of the House of Representatives and to each member of the Nevada congressional delegation; and be it further
…………………………………………………………………………………………………………………
ê1983 Statutes of Nevada, Page 2190 (FILE NUMBER 113, SJR 15)ê
the House of Representatives and to each member of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
Senate Joint Resolution No. 14–Committee on Natural Resources
FILE NUMBER 114
SENATE JOINT RESOLUTION–Memorializing the Congress of the United States to sell public lands within the “checkerboard” area of northern Nevada to this state to be sold to pay for eliminating grade crossings of railroads.
Whereas, Grade crossings of railroads are potentially hazardous and disruptive to the development of commercial, agricultural and urban interests; and
Whereas, The Congress of the United States has recognized this problem and funded a project to relocate railroads in Elko, Nevada, which would be beneficial if applied to other urban areas in this state; and
Whereas, The Federal Government administers 49.1 million acres of public domain in this state of which approximately 3.5 million acres was granted by Congress to the railroads in the 19th century and remains as a 40-mile strip of land across northern Nevada in an unmanageable “checkerboard” pattern of alternative sections of public and private land; and
Whereas, The Bureau of Land Management has designated the public lands within this area for eventual disposal; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature of the State of Nevada memorializes the Congress of the United States to sell the public lands within this area, excluding the mineral interests, to the State of Nevada for $2.50 per acre, for subsequent sale (except for those lands identified by state and local planning agencies as being desirable for parks, wildlife or recreational and other public purposes), the proceeds of which are to be used to eliminate grade crossings of railroads over highways in this state; and be it further
Resolved, That copies of this resolution be immediately transmitted by the legislative counsel to the President of the United States, the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives, the Secretary of the Interior, the director of the Bureau of Land Management and each member of the Nevada congressional delegation; and be it further
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ê1983 Statutes of Nevada, Page 2191 (FILE NUMBER 114, SJR 14)ê
Resolved, That this resolution shall become effective upon passage and approval.
________
Senate Joint Resolution No. 24–Senators Wilson, Raggio, Wagner, Mello and Townsend
FILE NUMBER 115
SENATE JOINT RESOLUTION–Memorializing the Congress of the United States to accept land from the Redfield estate in payment of the remaining taxes due on the estate.
Whereas, The United States Internal Revenue Service has a substantial lien for estate taxes against property owned by the Redfield estate in and near the Lake Tahoe Basin; and
Whereas, If this property were sold for taxes it would be subject to private development which could destroy its scenic beauty, interfere with the ecology, impair recreational use and place severe demands on the resources of the Lake Tahoe Basin; and
Whereas, It is imperative that the scenic beauty, natural resources and recreational opportunities of the Lake Tahoe Basin be preserved perpetually; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Nevada legislature respectfully memorializes the Congress of the United States to recognize the importance of preserving the scenic beauty, ecology and recreational opportunities of the Lake Tahoe Basin by enacting appropriate legislation to accept land from the Redfield estate in payment of the remaining taxes due on the estate; and be it further
Resolved, That copies of this resolution be immediately transmitted by the legislative counsel to the President of the United States, the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives, the Secretary of the Treasury, and each member of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
…………………………………………………………………………………………………………………
ê1983 Statutes of Nevada, Page 2192ê
Assembly Resolution No. 15–Assemblymen Price, Collins and Jeffrey
FILE NUMBER 116
ASSEMBLY RESOLUTION–Requesting the return of Senate Bill No. 415 from the senate.
Whereas, Senate Bill No. 415 was passed by the assembly and delivered to the senate, but needs further attention in the assembly; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the senate is respectfully requested to return Senate Bill No. 415 to the assembly for further action.
________
Assembly Concurrent Resolution No. 18–Committee on Legislative Functions
FILE NUMBER 117
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative commission to conduct an interim study of the effect of federal antitrust laws on the licensing of businesses by local governments.
Whereas, The United States Supreme Court has recently held in Community Communications Co., Inc. v. City of Boulder, 102 S.Ct. 835 (1982), that an action of a local government temporarily prohibiting a company from expanding its system of cable television was not exempt from scrutiny under the federal antitrust laws unless the action constituted a state action; and
Whereas, To be considered a state action, the court held that an action must be an action of the state in its sovereign capacity or the action of a municipality in furtherance of a clearly articulated or affirmatively expressed state policy which is being actively supervised by the state itself; and
Whereas, As a result of that Supreme Court decision the possibility exists that a particular action by a local government may not be considered exempted state action but may have to be in compliance with the federal antitrust laws; and
Whereas, Some local governments in this state have levied franchise and license fees on business enterprises or imposed controls over their activities in a manner which would not meet the requirements for exemption from federal antitrust laws under the rule expressed in the Boulder case; and
Whereas, Such actions by local governments help to protect the interests of the citizens of this state; and
Whereas, Litigation over such actions could prove to be costly for the local governments and the State of Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to:
…………………………………………………………………………………………………………………
ê1983 Statutes of Nevada, Page 2193 (FILE NUMBER 117, ACR 18)ê
1. Study the effect of federal antitrust laws on the licensing of businesses by local governments;
2. Examine the activities of local governments to determine which do not constitute state action as described in the Boulder case and are therefore subject to scrutiny by the courts for compliance with the federal antitrust laws; and
3. Examine the relevant state laws and submit recommendations for any new legislation or amendments needed to protect the local governments from potential liability under federal antitrust laws; and be it further
Resolved, That the legislative commission report the results of the study and any recommended legislation to the 63rd session of the legislature.
________
Assembly Concurrent Resolution No. 24–Assemblyman May
FILE NUMBER 118
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative commission to study the feasibility and desirability of establishing and maintaining a veterans’ cemetery in Nevada.
Whereas, Many Nevadans have proudly served this country in its military endeavors; and
Whereas, It behooves the people of this state to show their appreciation and respect to those veterans; and
Whereas, There are 110 federal veterans’ cemeteries in the United States, but not one is located in Nevada; and
Whereas, A veteran from Nevada who desires to be buried in a veterans’ cemetery must be taken to Riverside, California; and
Whereas, In 1980 Congress passed legislation which allows the Veterans’ Administration to provide grants of up to 50 percent to match the money spent by states for the establishment, expansion or improvement of state veterans’ cemeteries; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to conduct a study of the feasibility and desirability of establishing and maintaining a veterans’ cemetery in Nevada; and be it further
Resolved, That the commission submit a final report of the findings of the study and any recommended legislation to the 63rd session of the Nevada legislature.
________
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ê1983 Statutes of Nevada, Page 2194ê
Assembly Concurrent Resolution No. 31–Committee on Government Affairs
FILE NUMBER 119
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative commission to study zoning problems resulting from placement of manufactured homes on residential lots.
Whereas, There should be planned and orderly zoning for the placement of manufactured homes in the cities and counties of this state; and
Whereas, There are certain zoning problems with the placement of manufactured homes on residential lots; and
Whereas, A complete study of these problems should be undertaken by the legislature to develop and recommend appropriate legislation; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to conduct a study of the problems connected with the placement of manufactured homes on residential lots in this state; and be it further
Resolved, That the results of the study and any recommendations for legislation be reported to the 63rd session of the legislature.
________
Assembly Concurrent Resolution No. 53–Assemblymen Schofield, Jeffrey and Vergiels
FILE NUMBER 120
ASSEMBLY CONCURRENT RESOLUTION–Designating May 22 through May 28, 1983, as National Public Works Week.
Whereas, Public works in this state are such an integral part of our daily lives that they are often taken for granted; and
Whereas, The support of informed citizens is vital to the efficient operation of a system of public works which includes the planning, design and construction of streets and highways, public buildings and the lighting of streets; and
Whereas, Talented people staff the many departments of public works throughout Nevada and their dedication toward improving the cities of Nevada should be commended; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature of the State of Nevada designates the week of May 22 through May 28, 1983, as National Public Works Week in honor of the hard-working employees engaged upon public works.
________
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ê1983 Statutes of Nevada, Page 2195ê
Senate Joint Resolution No. 2–Committee on Taxation
FILE NUMBER 121
SENATE JOINT RESOLUTION–Proposing to amend section 1 of article 10 of the constitution of the State of Nevada, relating to taxation, to allow separate taxation of property used for generating electricity.
Resolved by the Senate and the Assembly of the State of Nevada, jointly, That section 1 of article 10 of the constitution of the State of Nevada be amended to read as follows:
Section 1. 1. The legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal and possessory, except mines and mining claims, when not patented, the proceeds alone of which shall be assessed and taxed, and when patented, each patented mine shall be assessed at not less than five hundred dollars ($500), except when one hundred dollars ($100) in labor has been actually performed on such patented mine during the year, in addition to the tax upon the net proceeds . [; shares]
2. Shares of stock (except shares of stock in banking corporations), bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt. [Notwithstanding the provisions of this section, the]
3. The legislature may constitute agricultural and open-space real property having a greater value for another use than that for which it is being used, as a separate class for taxation purposes and may provide a separate uniform plan for appraisal and valuation of such property for assessment purposes. If such plan is provided, the legislature shall also provide for retroactive assessment for a period of not less than 7 years when agricultural and open-space real property is converted to a higher use conforming to the use for which other nearby property is used.
4. The legislature may designate property used for generating electricity as a separate class for taxation and may provide a separate uniform plan for appraisal and valuation of this property for assessment.
5. Personal property which is moving in interstate commerce through or over the territory of the State of Nevada, or which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward, shall be deemed to have acquired no situs in Nevada for purposes of taxation and shall be exempt from taxation. Such property shall not be deprived of such exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged.
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ê1983 Statutes of Nevada, Page 2196 (FILE NUMBER 121, SJR 2)ê
joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged.
6. The legislature may exempt motor vehicles from the provisions of the tax required by this section, and in lieu thereof, if such exemption is granted, shall provide for a uniform and equal rate of assessment and taxation of motor vehicles, which rate shall not exceed five cents on one dollar of assessed valuation.
7. The legislature shall provide by law for a progressive reduction in the tax upon business inventories by 20 percent in each year following the adoption of this provision, and after the expiration of the 4th year such inventories are exempt from taxation. The legislature may exempt any other personal property, including livestock.
8. No inheritance or estate tax shall ever be levied . [, and there shall also be excepted such property as may be exempted by law]
9. The legislature may exempt by law property used for municipal, educational, literary, scientific or other charitable purposes.
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Senate Concurrent Resolution No. 32–Committee on Human Resources and Facilities
FILE NUMBER 122
SENATE CONCURRENT RESOLUTION–Directing the department of education to conduct an effective program to assess the competency of teachers and administrators in Nevada’s public schools.
Whereas, The Nevada legislature, recognizing teaching as a profession for which standards should be established and maintained, created in 1979 the commission on professional standards in education; and
Whereas, This commission, created as a broadly representative advisory body to the state board of education, was charged by law to recommend standards for, among other things, the certification, continuing education and recertification of teachers; and
Whereas, The commission on professional standards in education, after careful study, has recently proposed a program for assessing the competency of teachers and administrators; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the department of education is hereby directed to conduct an effective program to assess the competency of teachers and administrators in the public schools of this state, including without limitation:
1. Specific standards of competency appropriate to teachers educated in Nevada, teachers entering Nevada from outside the state and teachers currently employed in this state;
2. The use of skillful evaluation by administrators at appropriate stages of the teacher’s career to ensure that he has the necessary basic skills, knows what and how to teach and can in fact teach;
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ê1983 Statutes of Nevada, Page 2197 (FILE NUMBER 122, SCR 32)ê
stages of the teacher’s career to ensure that he has the necessary basic skills, knows what and how to teach and can in fact teach;
3. The development of procedures to ensure that teachers are assigned to teach those grades and subjects for which they are trained and to evaluate the effectiveness of programs for certification and recertification of teachers and administrators conducted by the county school districts;
4. The training of administrators to evaluate effectively the competency of teachers; and
5. The development of appropriate requirements for the continuing education of teachers and administrators; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to the state board of education and the superintendent of public instruction.
________
Senate Concurrent Resolution No. 39–Senators Lamb, Jacobsen and Horn
FILE NUMBER 123
SENATE CONCURRENT RESOLUTION–Directing the department of energy to revise its standards for the construction of buildings to provide net savings in the costs of construction and of heating and cooling.
Whereas, The cost of services provided by public utilities in Nevada has risen dramatically in recent years, and has become a major expense to the householders of this state; and
Whereas, One way to keep down the cost of utility services is to improve efficiency in the use of energy in buildings being constructed in this state; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the director of the department of energy is directed to give consideration to the latest developments in materials for and techniques of construction and revise the department’s standards for the conservation of energy which apply to the construction of new buildings, public and private, in this state, so that these standards will minimize the cost of heating and cooling such buildings, consonant with reasonably economical construction, in order to provide net savings to the occupants of those buildings; and be it further
Resolved, That the legislative counsel shall forthwith deliver a copy of this resolution to the director of the department of energy.
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ê1983 Statutes of Nevada, Page 2198ê
Senate Concurrent Resolution No. 42–Committee on Taxation
FILE NUMBER 124
SENATE CONCURRENT RESOLUTION–Directing the legislative commission to study methods of taxing electrical power plants and distributing the resulting revenue.
Whereas, The proposed White Pine Power Project and, to a lesser extent, the Valmy Power Project are bringing to areas of this state construction and electrical generating capacity of a magnitude not before experienced in those areas or in the state as a whole; and
Whereas, Questions have been raised concerning appropriate policies for taxation with respect to electrical power plants and the distribution of the resulting revenue in light of the nature of these projects; and
Whereas, It is essential that the legislature be thoroughly familiar with the effects of various options for taxation of such projects and the distribution of revenue therefrom as it makes final decisions on these matters; and
Whereas, A legislative subcommittee studying the central assessment of property recently reviewed certain statutes and proposals relating to the assessment of electrical power plants, but only as one segment of a larger study; and
Whereas, This legislature has deferred until July 1, 1985, the effective date of certain legislation relating to the allocation among counties of the valuation of electrical power plants, providing an opportunity for further study and legislative action during the 1985 legislative session if necessary; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to study methods of taxing electrical power plants and distributing the resulting revenue, taking into account the extent of the sales of power from these plants within and outside the State of Nevada; and be it further
Resolved, That the results of the study and recommendations for legislation be reported to the 63rd session of the legislature.
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Senate Joint Resolution No. 21–Committee on Legislative Affairs
FILE NUMBER 125
SENATE JOINT RESOLUTION–Requesting that a Trident ballistic missile submarine be named “Nevada.”
Whereas, The State of Nevada takes pride in the accomplishments of the famous battleship USS Nevada (BB-36); and
Whereas, From its commission on March 11, 1916, until it was finally used as a target ship and sunk on July 31, 1948, the USS Nevada was a source of pride to the men who depended on her throughout World Wars I and II; and
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ê1983 Statutes of Nevada, Page 2199 (FILE NUMBER 125, SJR 21)ê
Nevada was a source of pride to the men who depended on her throughout World Wars I and II; and
Whereas, The SSBN 732, a Trident ballistic missile submarine, is scheduled for launching in April 1984; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That we call upon the Honorable John Lehman, Secretary of the Navy, to name SSBN 732, “Nevada,” to carry on this inspirational and historic name in the fleet; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to each member of the Nevada congressional delegation and to the Honorable John Lehman, Secretary of the Navy.
________
Senate Concurrent Resolution No. 2–Senator Jacobsen
FILE NUMBER 126
SENATE CONCURRENT RESOLUTION–Directing the legislative commission to study the development and contents of the fiscal notes for local governments on bills introduced in the legislature.
Whereas, Each bill and joint resolution introduced in the legislature contains a fiscal note to indicate its fiscal effect, if any, on local governments; and
Whereas, These fiscal notes do not presently contain sufficient information for local governments to evaluate the bills; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to study the development and contents of the fiscal notes for local governments used on bills introduced in the legislature; and be it further
Resolved, That the results of the study and any recommendations for legislation be reported to the 63rd session of the legislature.
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Senate Concurrent Resolution No. 10–Senators Wagner, Foley, Neal, Townsend, Mello, Raggio, Bilbray and Wilson
FILE NUMBER 127
SENATE CONCURRENT RESOLUTION–Directing the legislative commission to study grand juries in Nevada.
Whereas, The grand jury is an integral part of the system of criminal justice in Nevada; and
Whereas, Recognizing the need for minimum guidelines in the administration of criminal justice, the American Bar Association has developed a set of comprehensive standards covering the system of criminal justice which includes a draft published in 1979 relating to grand juries; and
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ê1983 Statutes of Nevada, Page 2200 (FILE NUMBER 127, SCR 10)ê
criminal justice which includes a draft published in 1979 relating to grand juries; and
Whereas, These standards may be of great benefit to criminal justice in Nevada; and
Whereas, Appropriate action should be taken to study and review the standards along with other recommendations and carry them out where necessary and practical; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to conduct a study of the laws, rules and practices relating to the grand jury in Nevada; and be it further
Resolved, That this study include an evaluation of the standards of the American Bar Association regarding grand juries; and be it further
Resolved, That the legislative commission report the results of the study and any recommended legislation to the 63rd session of the legislature.
________
Senate Concurrent Resolution No. 24–Senators Horn and Bilbray
FILE NUMBER 128
SENATE CONCURRENT RESOLUTION–Directing the legislative commission to study public broadcasting in Nevada.
Whereas, Public broadcasting in Nevada has grown in recent years and now includes several radio and television stations; and
Whereas, These stations provide a valuable service to a significant portion of the residents of the state and constitute a resource in terms of both technology and program for potential usage on a statewide basis; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to study public broadcasting in Nevada, including ways in which present and future facilities and programs for public broadcasting may be utilized effectively to serve the state and its residents and ways in which existing state facilities for telecommunication might relate to or be connected with systems for public broadcasting; and be it further
Resolved, That this study include special consideration of state support for the operation of systems of public broadcasting, for connecting and coordinating the facilities and programs of systems of public broadcasting on a statewide basis and for the replacement of equipment used in systems of public broadcasting; and be it further
Resolved, That the legislative commission appoint an advisory committee, composed of at least one representative from state government, public radio, public television, an educational institution and one or more public representatives who possess knowledge of public broadcasting, to assist in the conduct of the study; and be it further
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ê1983 Statutes of Nevada, Page 2201 (FILE NUMBER 128, SCR 24)ê
more public representatives who possess knowledge of public broadcasting, to assist in the conduct of the study; and be it further
Resolved, That the legislative commission report the results of the study and any recommended legislation to the 63rd session of the legislature.
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Senate Concurrent Resolution No. 29–Senators Wagner and Foley
FILE NUMBER 129
SENATE CONCURRENT RESOLUTION–Directing the legislative commission to study the problems of compensation for certain victims of criminal acts and possible statutory changes to entitle other victims of crime to compensation.
Whereas, Provisions of Nevada law entitle certain victims of criminal acts to compensation; and
Whereas, Most victims of criminal acts are not eligible for compensation under these provisions; and
Whereas, Other states have developed broader programs for assistance to victims of criminal acts; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to study the present program of compensation for certain victims of criminal acts, programs developed in various other states, and possible ways to change the law to entitle other victims of criminal acts to compensation; and be it further
Resolved, That the legislative commission report the results of its study and any recommended legislation to the 63rd session of the legislature.
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Senate Concurrent Resolution No. 50–Senators Jacobsen and Glover
FILE NUMBER 130
SENATE CONCURRENT RESOLUTION–Memorializing the late Louis M. Nelson, Carson City fireman.
Whereas, Nevada lost a loyal and devoted public servant with the recent passing of Louis M. Nelson on April 4, 1983; and
Whereas, Louis Nelson was born October 4, 1903, in Bodie, California; and
Whereas, He joined the Warren Engine Company No. 1 in Carson City, Nevada, on August 13, 1925; and
Whereas, Louie was promoted to “houseman” in 1929, and served in this capacity for 35 years until his retirement on August 15, 1964; and
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ê1983 Statutes of Nevada, Page 2202 (FILE NUMBER 130, SCR 50)ê
in this capacity for 35 years until his retirement on August 15, 1964; and
Whereas, Although the demands placed on Louie as a fireman and houseman were considerable, he was instrumental in improving and modernizing the fire service in Carson City, now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That members of the 62nd session of the Nevada legislature do hereby express their sincere sympathy to the surviving family of Louis M. Nelson; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the nephew of the deceased, Louis C. Nelson.
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Assembly Joint Resolution No. 31–Committee on Taxation
FILE NUMBER 131
ASSEMBLY JOINT RESOLUTION–Requesting the Congress of the United States to enact legislation which exempts the winnings of individual gaming patrons from income tax.
Whereas, The United States is reportedly the only country in the world which taxes gaming winnings as income; and
Whereas, The right to raise revenues for state purposes is reserved to the states by the Constitution of the United States; and
Whereas, Gaming is a primary and vital source of revenue in the economy of the State of Nevada; and
Whereas, The people of the State of Nevada have approved, as a matter of state policy, the raising of state revenue through the imposition of state taxes on gaming businesses; and
Whereas, The legalization of gaming in the State of Nevada has resulted in the virtual elimination of illegal gaming activities in the state; and
Whereas, The beneficial effects of the legalization of gaming on the state’s interests are significantly inhibited by the imposition of a discriminatory federal tax which interferes with the latitude necessary for the state to pursue its revenue raising policies and law enforcement goals; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature of the State of Nevada requests the Congress of the United States to enact legislation which exempts the winnings of individual gaming patrons from income tax; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the President of the Senate and the Speaker of the House of Representatives of the United States and to each member of the Nevada congressional delegation; and be it further
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ê1983 Statutes of Nevada, Page 2203 (FILE NUMBER 131, AJR 31)ê
to each member of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Concurrent Resolution No. 52–Assemblymen Bergevin, Dini and Nicholas
FILE NUMBER 132
ASSEMBLY CONCURRENT RESOLUTION–Expressing the intent of the legislature on permitting residential construction in the Tahoe Basin.
Whereas, This legislature before adopting amendments to the Tahoe Regional Planning Compact in 1980 set out at some length its intent not to have the Tahoe Regional Planning Agency review automatically all construction in the basin but only that whose effect on the environment would be substantial, as evidenced at page 31 of the Journal of the Fourteenth Special Session; and
Whereas, Specific mention is thereby made of “single family” residences in an already approved subdivision; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That this legislature reaffirms its intent by the amendment not to affect the construction of such residences, and calls upon the Tahoe Regional Planning Agency to observe that intent.
________
Senate Concurrent Resolution No. 49–Committee on Commerce and Labor
FILE NUMBER 133
SENATE CONCURRENT RESOLUTION–Directing the legislative commission to study laws, regulations and policies which affect depository financial institutions.
Whereas, Federal deregulation of depository financial institutions is creating rapidly changing controls which affect the state’s banks, savings and loan associations, thrift companies and other regulated depository financial institutions; and
Whereas, Nevada’a laws extract a tax on shares of some institutions and not on others; and
Whereas, Differing laws and regulations create inequities on different licensed depository financial institutions which are providing essentially the same services; and
Whereas, Our depository financial institutions may be placed in financial jeopardy by not being able to react promptly to competition from our sister states because of our restrictive laws which are only subject to biennial legislative revision; now, therefore, be it
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ê1983 Statutes of Nevada, Page 2204 (FILE NUMBER 133, SCR 49)ê
from our sister states because of our restrictive laws which are only subject to biennial legislative revision; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to study the federal and state laws, regulations and policies which affect Nevada’s depository financial institutions; and be it further
Resolved, That the legislative commission report the results of the study and recommendations for any changes in policies on interstate banking and necessary or desirable statutory or regulatory changes to the 63rd session of the legislature.
________
Senate Concurrent Resolution No. 51–Committee on Judiciary
FILE NUMBER 134
SENATE CONCURRENT RESOLUTION–Requesting the judiciary and the State Bar of Nevada to study arbitration, use of masters and referees, and increasing the jurisdiction of justices’ courts.
Whereas, New methods should be considered for relieving the congestion in the courts and for shortening the time required in disposition of civil cases; and
Whereas, It has been estimated that arbitration as a means of resolving disputes requires less than half as much time as an ordinary civil proceeding; and
Whereas, An increase in the jurisdiction of justices’ courts to decide certain kinds of cases would eliminate a percentage of cases from the crowded calendars of the district courts; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the judiciary and the State Bar of Nevada are requested to conduct a study of:
1. The use of arbitration;
2. The use of special masters and referees; and
3. The feasibility and desirability of increasing the monetary limit of the jurisdiction of justices’ courts in civil actions to $15,000; and be it further
Resolved, That the results of the study and any recommended legislation be submitted to the 63rd session of the Nevada legislature; and be it further
Resolved, That the legislative counsel transmit a copy of this resolution to the chief justice of the supreme court and to the board of governors of the State Bar of Nevada.
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ê1983 Statutes of Nevada, Page 2205ê
Senate Concurrent Resolution No. 52–Committee on Legislative Affairs
FILE NUMBER 135
SENATE CONCURRENT RESOLUTION–Directing an interim study of the disposal of highly radioactive waste in Nevada.
Whereas, The Nuclear Waste Policy Act of 1982 establishes a procedure for selection of sites to be used as repositories for the disposal of high-level radioactive waste which has been generated in nongovernmental activities; and
Whereas, The United States Secretary of Energy must study at least five possible sites for the location of such a repository and recommend to the President three of the sites before January 1, 1985; and
Whereas, The President must, before March 31, 1987, recommend to Congress one site to be the first national repository for the disposal of high-level radioactive waste; and
Whereas, The federal act authorizes states in which possible sites are located to participate in the study of the sites by the Department of Energy, and provides grants to states to help pay the cost of their participation; and
Whereas, The Secretary of Energy is considering a site near Yucca Mountain in Nye County, Nevada, as one of the final five sites to receive intensive study, and has already held initial public hearings on the subject; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to appoint an interim subcommittee to observe and participate in any study by the United States Secretary of Energy of possible sites in this state for a repository of high-level radioactive waste if the Department of Energy grants money to this state to participate in the federal study; and be it further
Resolved, That the interim subcommittee, if appointed, shall study and evaluate:
1. The information and policies applicable to the location of such a repository in this state; and
2. Any potentially adverse consequences to this state which may result from the construction and operation of such a repository and ways of mitigating any such consequences; and be it further
Resolved, That the legislative commission is directed to submit a report of its findings, with any recommended policies and proposed legislation, to the 63rd session of the Nevada legislature.
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ê1983 Statutes of Nevada, Page 2206ê
Senate Concurrent Resolution No. 53–Committee on Finance
FILE NUMBER 136
SENATE CONCURRENT RESOLUTION–Directing the state controller to provide more timely and accurate financial information.
Whereas, The state controller is required by NRS 227.110 to recommend plans for the better management and more perfect understanding of the fiscal affairs of the state; and
Whereas, Under NRS 227.150 the state controller has the duty of keeping fair, clear, distinct and separate accounts of all the revenues and incomes of the state, and also all the expenditures, disbursements and investments thereof; and
Whereas, Because of the dwindling financial resources of the state, timely and accurate financial information is required for proper control of the daily expenditures of the state agencies; and
Whereas, The state’s previous investments in computers and related equipment for a centralized system of information has enabled the state controller to provide this financial information; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the state controller and the director of the department of data processing are directed to provide financial information to the state agencies in a more accurate manner and as rapidly as is feasible; and be it further
Resolved, That the state controller is directed to report quarterly to the interim finance committee on the progress achieved in improving the timeliness and accuracy of the financial information; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the state controller and the director of the department of data processing.
________
Assembly Concurrent Resolution No. 47–Assemblymen Humke, Bourne, Berkley, Craddock, Kerns, Bilyeu, Francis, Joerg, Sedway, DuBois, Redelsperger, Nicholas, Chaney, Stone, Banner, Nevin, Fay, Thompson and Kovacs
FILE NUMBER 137
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative commission to review and evaluate the comprehensive statewide plan for services to aid abused and neglected children.
Whereas, In the State of Nevada more than 3,800 children are abused and neglected each year; and
Whereas, These children are in need of therapeutic services of high quality, both immediate and long term; and
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ê1983 Statutes of Nevada, Page 2207 (FILE NUMBER 137, ACR 47)ê
Whereas, Steps should be taken to make the system for providing those services less fragmented, complicated and confusing; and
Whereas, Pursuant to the directives of Assembly Bill No. 50 of the 61st session of the legislature (chapter 291, Statutes of Nevada 1981), the department of human resources has prepared a comprehensive statewide plan for the organization, financing and coordination of programs and services to aid abused and neglected children; and
Whereas, That plan has identified significant areas of concern and contains recommendations, some of which involve statutory change and all of which should be reviewed by the legislature; and
Whereas, The legislature needs to know what actions can be taken to improve the system for providing programs and services to aid abused and neglected children, and what financial arrangements for the support of those programs and services would be most effective and efficient; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to:
1. Review and evaluate the comprehensive statewide plan for the organization, financing and coordination of programs and services to aid abused and neglected children; and
2. Conduct public hearings for the purposes of gathering information and comments from state, county and local agencies concerning the plan; and be it further
Resolved, That the results of the review and evaluation be incorporated as comments to the plan, including explanations and suggestions with respect to specific recommendations and appropriate means of carrying them out, whether or not they require statutory change; and be it further
Resolved, That proposed legislation be developed for those recommendations requiring statutory change, such as the establishment of a “children’s trust fund”; and be it further
Resolved, That the legislative commission submit its report and recommendations to the 63rd session of the legislature.
________
Assembly Concurrent Resolution No. 48–Committee on Government Affairs
FILE NUMBER 138
ASSEMBLY CONCURRENT RESOLUTION–Directing the department of personnel to study the desirability of considering other factors in addition to the prevailing rate when determining salaries for the classified service.
Whereas, NRS 284.175 provides that salaries for the classified service of the state must be set based upon the prevailing rates paid in government and industry for comparable jobs within the State of Nevada and the western states; and
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ê1983 Statutes of Nevada, Page 2208 (FILE NUMBER 138, ACR 48)ê
government and industry for comparable jobs within the State of Nevada and the western states; and
Whereas, Questions have arisen whether factors such as difficulty in recruitment, rate of turnover and cost of living should also be considered in determining salary adjustments; and
Whereas, Governmental and private employers appear to be giving increasing attention to concepts of job evaluation and salary determination which would alleviate discrimination in wages among jobs of comparable worth, particularly as between types of jobs dominated by males and other types dominated by females which, even though totally dissimilar, are considered by many to be of comparable intrinsic worth; and
Whereas, The legislature believes that proposals for allowing the department of personnel to consider other criteria in addition to the prevailing rate are deserving of further study, and that the department of personnel should be given an opportunity to become thoroughly familiar with the nature, application and desirability of these other criteria, including criteria related to the alleviation of wage differentials among jobs of comparable worth, before any decisions are made concerning changes in the statutes; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the department of personnel is hereby directed to conduct a study of the desirability of considering factors in addition to the prevailing rate when determining salaries for the classified service of the state; and be it further
Resolved, That the department include in its study such factors as difficulty in recruitment, rate of turnover, cost of living and comparability of the value of the work; and be it further
Resolved, That the results of the study and any recommended legislation be reported to the 63rd session of the legislature.
________
Assembly Concurrent Resolution No. 49–Committee on Legislative Functions
FILE NUMBER 139
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative commission to study the providers of health care and health and care facilities in this state.
Whereas, Physicians, dentists, nurses and other practitioners of healing arts offer valuable services to this state and its citizens; and
Whereas, Many Nevadans are recipients of the services of these practitioners; and
Whereas, Certain agencies of the State of Nevada license these practitioners after determining their knowledge and skills; and
Whereas, Each year the state and its counties use public money to purchase the services provided by health and care facilities; and
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ê1983 Statutes of Nevada, Page 2209 (FILE NUMBER 139, ACR 49)ê
Whereas, It would be in the best interests of this state and its citizens that a comprehensive examination of all providers of health care and the agencies which license them be made to determine whether:
1. The practitioners of the healing arts offer only those services which they are licensed to provide;
2. The agencies are issuing licenses only to those who are properly qualified to provide the quality of care required by the state and its citizens; and
3. Any representations concerning the knowledge and skills of these practitioners are misleading; and
Whereas, It would be in the best interests of this state and its citizens that a comprehensive examination of the care provided by health and care facilities be reviewed to determine whether the care is adequate and of a good quality; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to study and evaluate the:
1. Level of knowledge and skill required by each licensing agency for a license as a practitioner of a healing art;
2. Review by each agency of a practitioner’s skills when he is licensed and during the time he practices in Nevada;
3. Representations made by the agencies or practitioners concerning the knowledge and skills of the practitioners to ensure that they are not misleading; and
4. Quality of care provided by health and care facilities in this state; and be it further
Resolved, That the legislative commission shall:
1. If it finds any irregularities in the conduct of practitioners of healing arts, the agencies which license them or the health and care facilities in this state, report the irregularities to the attorney general or to the district attorney of the appropriate county for investigation and possible prosecution; and
2. Report the results of the study, together with any recommendations for legislation, to the 63rd session of the legislature.
________
Assembly Concurrent Resolution No. 50–Assemblyman Price
FILE NUMBER 140
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative commission to study the effects of certain tax measures, the taxation of aircraft, the fuel used in aircraft, and the promotion of aviation in Nevada.
Whereas, The 62nd session of the Nevada legislature has responded to the problems of shortages of revenue to operate state and local government and of certain inequities in taxation by enacting several measures for raising revenue and improving equity in taxation; and
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ê1983 Statutes of Nevada, Page 2210 (FILE NUMBER 140, ACR 50)ê
government and of certain inequities in taxation by enacting several measures for raising revenue and improving equity in taxation; and
Whereas, One area of considerable concern lies in the taxation of aircraft, the fuel used in aircraft and the promotion of aviation in Nevada; and
Whereas, The legislature must continue to be responsive to the financial condition of government in this state, to concerns over apparent inequities in taxation and to the promotion of aviation in Nevada, and in order to do so must provide itself with accurate and timely information about the effects of the measures which it has enacted or considered; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to study:
1. The effects of measures to raise revenue and improve equity in taxation passed by the 62nd session of the Nevada legislature and the possible effects of measures on those subjects considered by the committees on taxation of that session;
2. The problems of taxation of aircraft, the fuel used in aircraft and other property and activities related to aviation in Nevada; and
3. Appropriate ways to promote aviation in this state;
and be it further
Resolved, That the legislative commission report the results of its study and any recommended legislation to the 63rd session of the Nevada legislature.
________
Assembly Concurrent Resolution No. 54–Assemblyman Craddock
FILE NUMBER 141
ASSEMBLY CONCURRENT RESOLUTION–Creating a special committee to study dyslexia and other specific learning disabilities; and authorizing an expenditure from the legislative fund.
Whereas, As many as 20 percent of the pupils in our schools are dyslexic and have specific learning disabilities; and
Whereas, Many bright pupils are being turned away from educational opportunities because of their often unidentified inability to learn in the conventional method of instruction; and
Whereas, Dyslexia and other specific learning disabilities occur despite exposure of pupils to standard educational opportunity, and in the absence of sensory defects, mental retardation, cultural deprivation, and primary emotional disturbance; and
Whereas, The future of our state and nation is at risk because over 10 percent of our adult population is functionally illiterate; and
Whereas, Increasing numbers of our high school graduates are unable fully to contribute to society because of their learning disadvantages and functional incompetency; and
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ê1983 Statutes of Nevada, Page 2211 (FILE NUMBER 141, ACR 54)ê
unable fully to contribute to society because of their learning disadvantages and functional incompetency; and
Whereas, About 75 percent of the offenders in our penal institutions seem to come from the same population which earlier experienced specific learning disabilities; and
Whereas, There are ongoing problems of communication as a result of disagreement on the appropriate methods for identifying and teaching children with dyslexia or other specific learning disabilities; and
Whereas, A multiplicity of testing instruments and instructional methods is available with records of varying degrees of success and acceptance; and
Whereas, There is an urgent need to identify and carry out the most effective methods and programs available for identifying and teaching pupils with dyslexia or specific learning disabilities; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That: 1. The special committee to study dyslexia and other specific learning disabilities is hereby created.
2. The committee is composed of:
(a) One assemblyman appointed by the speaker of the assembly.
(b) One senator appointed by the majority leader of the senate.
(c) One member representing the Nevada State Education Association.
(d) One member representing the department of education.
(e) One member appointed by the governor to represent the general public.
3. The committee shall select its own chairman.
4. The director of the legislative counsel bureau shall provide the necessary professional staff and a secretary for the committee;
and be it further,
Resolved, That the study include a review and evaluation of the instruments for testing and the methods of instruction that may be used in programs for pupils in the public schools who have dyslexia or other specific learning disabilities; and be it further
Resolved, That the expenditure of money from the legislative fund for the expense of this study, in an amount to be fixed by the legislative commission, is hereby authorized; and be it further
Resolved, That the results of the study and recommendations on specific programs to address the needs of pupils in Nevada who have dyslexia or specific learning disabilities be reported to the 63rd session of the legislature.
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ê1983 Statutes of Nevada, Page 2212ê
Assembly Concurrent Resolution No. 55–Committee on Legislative Functions
FILE NUMBER 142
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative commission to study the mining laws of Nevada.
Whereas, Mining and its related activities have been and continue to be a paramount importance in this state; and
Whereas, The interests of miners vary with the size of their claims and their mining activities; and
Whereas, The interests of all miners, whether they have large or small claims, should be adequately protected by the Statutes of Nevada; and
Whereas, Many of Nevada’s laws relating to mining have not been examined by the legislature during its recent sessions; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to appoint a subcommittee of 5 legislators to study the laws which concern mining and related activities in this state; and be it further
Resolved, That the results of the study and any recommendations for legislation be reported to the 63rd session of the legislature.
________
Assembly Concurrent Resolution No. 57–Assemblymen Nicholas, Dini, Getto, Bergevin and Kovacs
FILE NUMBER 143
ASSEMBLY CONCURRENT RESOLUTION–Encouraging purchase of local agricultural products.
Whereas, Many agricultural products of high quality are produced on the 8.9 million acres of farm and grazing land in Nevada; and
Whereas, These products consist of cattle, sheep, lambs, hogs and other livestock, cotton, wheat, alfalfa, barley, corn, potatoes, melons and other crops, and honey, wool, eggs, milk, cheese and other products; and
Whereas, For several years Nevada ranchers and farmers have experienced continually increasing costs of production and recently have suffered decreases in cash receipts and a sharp drop in net farm income; and
Whereas, Nevada purchasers could greatly benefit the agricultural economy of this state by obtaining agricultural products from sources within this state, to the extent that their needs can be met by these products; now, therefore, be it
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ê1983 Statutes of Nevada, Page 2213 (FILE NUMBER 143, ACR 57)ê
Resolved by the Assembly of the State of Nevada, the Senate concurring, That state institutions, wholesalers and retailers are encouraged to purchase agricultural products which are grown, produced, packed, processed or raised in Nevada; and be it further
Resolved, That each regulatory agency of this state having the appropriate powers is directed to foster the purchase and use of agricultural products grown, produced, packed, processed or raised in this state; and be it further
Resolved, That the legislative counsel furnish a copy of this resolution to each regulatory agency of this state which is able to assist in carrying out the purposes of this resolution.
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Assembly Concurrent Resolution No. 60–Committee on Economic Development, Tourism and Mining
FILE NUMBER 144
ASSEMBLY CONCURRENT RESOLUTION–Designating May 29 through June 4, 1983, as Tourism Week.
Whereas, Tourism is vital to the State of Nevada, contributing to its economic prosperity and employment; and
Whereas, Tourism contributes substantially both to personal growth, health and education, and to an appreciation of the geography, history and people of the State of Nevada; and
Whereas, Tourism enhances national understanding and goodwill; and
Whereas, As incomes and leisure time continue to increase, tourism will become an increasingly important aspect of the daily lives of the people of the State of Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature designates May 29 through June 4, 1983, as Tourism Week; and be it further
Resolved, That the legislature requests all Nevada citizens to observe the week with appropriate ceremonies and activities.
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ê1983 Statutes of Nevada, Page 2214ê
Assembly Concurrent Resolution No. 61–Committee on Ways and Means
FILE NUMBER 145
ASSEMBLY CONCURRENT RESOLUTION–Approving the execution of a lease of certain state land to the Southern Nevada Association for the Handicapped.
Whereas, Chapter 6, Statutes of Nevada 1983, requires approval by the legislature or the interim finance committee of any lease of state land whose term exceeds 1 year; and
Whereas, The division of state lands has reached tentative agreement with the Southern Nevada Association for the Handicapped concerning such a lease; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature approves the leasing of the SE¼ SW¼ SE¼ NE¼ of Section 2, Township 21 South, Range 60 East, M.D.B. & M. to the Southern Nevada Association for the Handicapped for a term of 30 years beginning on July 1, 1983, upon the conditions set forth in the proposed lease, a copy of which is attached hereto; and be it further
Resolved, That the copy described not be published in the Statutes of Nevada 1983 but kept in the fiscal analysis division of the legislative counsel bureau as an open record for the information of the legislature.
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Assembly Concurrent Resolution No. 62–Assemblymen Vergiels and Jeffrey
FILE NUMBER 146
ASSEMBLY CONCURRENT RESOLUTION–Directing the drivers’ license division of the department of motor vehicles to license drivers with impaired vision who drive safely through the use of bioptic telescopic devices.
Whereas, The mobility and independence of many of the residents of Nevada is dependent upon the operation of a motor vehicle; and
Whereas, A license to operate a motor vehicle should be granted to each person who is able to safely operate a motor vehicle; and
Whereas, Various studies have demonstrated that some persons with impaired vision who have traditionally been denied licenses to operate a motor vehicle are able to use bioptic telescopic devices to allow them to safely operate a motor vehicle; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the drivers’ license division of the department of motor vehicles is hereby directed to:
1. Give appropriate consideration to the issuance of licenses to operate a motor vehicle to those drivers whose impaired vision has been corrected by the use of bioptic telescopic devices; and
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ê1983 Statutes of Nevada, Page 2215 (FILE NUMBER 146, ACR 62)ê
2. Place restrictions on those drivers only if they are necessary after the division considers each driver’s ability to safely operate a motor vehicle; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the driver’s license division of the department of motor vehicles.
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Assembly Concurrent Resolution No. 63–Assemblymen Getto, Chaney, Collins and Bilyeu
FILE NUMBER 147
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late William M. Woods, court reporter.
Whereas, On March 1, 1981, the people of the State of Nevada lost a legendary court reporter; and
Whereas, Bill Woods was the first and, to date, the only black reporter ever to serve the district and lower courts of this state; and
Whereas, For 24 years, Mr. Woods served the counties of the seventh judicial district and at one time he served three judicial districts and seven rural counties; and
Whereas, Williams Woods was appointed by Governor Paul Laxalt and reappointed by Governor O’Callaghan to serve on the state selective service board of appeals, a position in which he served with distinction until the board dissolved in 1976; and
Whereas, Bill was a special person whose remarkable sense of humor, intelligence and personality created goodwill among all people; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That members of this legislature hereby extend their heartfelt condolences to the family of William M. Woods; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to Mr. Woods’ daughter, Ann Marie Moulton, and his two sons, William M. Woods, III, and Lawrence A. Woods.
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ê1983 Statutes of Nevada, Page 2216ê
Assembly Concurrent Resolution No. 64–Assemblymen Vergiels, Jeffrey, Bourne, Kovacs, Stewart, Banner, Chaney, Dini, Bilyeu, May, Fay, Nevin, Perry, Bergevin, Berkley, Craddock, Swain, Coffin, Sedway, Thomas, Zimmer, Stone, Francis, Bogaert, Malone, DuBois, Redelsperger, Beyer, Kerns, Humke, Price, Schofield, Getto, Ham, Marvel, Brady, Thompson, Collins, Joerg, Nicholas, Bremner and Sader
FILE NUMBER 148
ASSEMBLY CONCURRENT RESOLUTION–Commending the superintendent of the state printing and records division of the department of general services and his staff for their services to the 62nd session of the Nevada legislature.
Whereas, The superintendent of the state printing and records division of the department of general services and his staff have labored long and diligently in keeping up with the heavy workload of the 62nd session of the Nevada legislature; and
Whereas, This session the superintendent and his staff have completed all requested tasks with promptness and accuracy; and
Whereas, The high standards of professionalism displayed by the superintendent and his staff have contributed immensely to the productivity of this session; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 62nd session of the legislature of the State of Nevada hereby express their gratitude to and commend all members of the staff of the state printing office and the superintendent for their careful and efficient work and courteous cooperation in assisting the proceedings of this legislature; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Mr. Donald L. Bailey, superintendent of the state printing and records division of the department of general services.
________
Senate Joint Resolution No. 25–Committee on Natural Resources
FILE NUMBER 149
SENATE JOINT RESOLUTION–Memorializing Congress to ratify the legal adequacy of the study by the United States Forest Service of undeveloped land in Nevada and its designation of certain areas as wilderness.
Whereas, The United States Forest Service reviewed and evaluated the suitability of more than 2.5 million acres of roadless and undeveloped land in Nevada for designation as wilderness; and
Whereas, Many officials of the State of Nevada and its local governments, and members of the public in this state, participated extensively in this review and evaluation, the second phase of the Roadless Area Review and Evaluation (“RARE II”) by the Forest Service; and
Whereas, The Forest Service completed the review and evaluation on January 4, 1979, and issued a “Final Environmental Statement,” which many of those who participated in the study in Nevada found to be adequate for this state; and
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ê1983 Statutes of Nevada, Page 2217 (FILE NUMBER 149, SJR 25)ê
on January 4, 1979, and issued a “Final Environmental Statement,” which many of those who participated in the study in Nevada found to be adequate for this state; and
Whereas, The United States Court of Appeals for the Ninth Circuit recently ordered the Forest Service to conduct a third review of 47 roadless areas in California, a review which will be at considerable costs to American taxpayers; and
Whereas, Congress has recently ratified the legal adequacy of the “Final Environmental Statement” respecting studies by the Forest Service of roadless areas in Alaska, Colorado, Indiana, Missouri, New Mexico and West Virginia, and the statement respecting Forest Service land in Nevada should be so ratified; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That this legislature strongly urges the Congress of the United States to enact legislation which ratifies the legal adequacy of the “Final Environmental Statement” of the United States Forest Service as it applies to lands of the Forest Service within the boundaries of the State of Nevada; and be it further
Resolved, That this resolution is not intended, however, to endorse the proposal by the United States Forest Service to designate certain areas of Nevada as wilderness; and be it further
Resolved, That the legislative counsel shall forthwith transmit copies of this resolution to the President of the United States, the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives, each member of the Nevada congressional delegation and the Chief of the United States Forest Service; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
Assembly Joint Resolution No. 29–Assemblymen Redelsperger, Bilyeu, Thompson, Nicholas, Jeffrey, Dini, Getto, Brady, Banner and Marvel
FILE NUMBER 150
ASSEMBLY JOINT RESOLUTION–Requesting the continued cooperation of the Bureau of Land Management and that of other agencies of the Federal Government in water matters.
Whereas, Nevada law provides that the state engineer has continuing jurisdiction over any acquisition by the United States of the waters of the State of Nevada; and
Whereas, Agencies of the United States, particularly the Bureau of Land Management, have filed numerous applications with the state engineer of the State of Nevada for water rights appurtenant to federal rangelands; and
Whereas, Many private users of those rangelands have also filed applications for water rights in connection with projects for range improvement through the development of water on the lands and there has been a dispute over whether these private users should be permitted to do so; and
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ê1983 Statutes of Nevada, Page 2218 (FILE NUMBER 150, AJR 29)ê
applications for water rights in connection with projects for range improvement through the development of water on the lands and there has been a dispute over whether these private users should be permitted to do so; and
Whereas, The Secretary of the Interior has announced an interim policy whereby, pending the state engineer’s final ruling in the dispute, the Bureau of Land Management will withdraw its applications for water rights and its protests against the applications of private users; and
Whereas, The Secretary of the Interior has also announced that if a private user of federal rangelands elects to file his own application for water rights, federal assistance for his project for range improvement through the development of water will not be withheld where a cooperative agreement is established between the private user and the Federal Government; and
Resolved by the Assembly and the Senate of the State of Nevada, jointly, That this legislature requests the continued cooperation of the Bureau of Land Management and that of other agencies of the Federal Government with respect to the filing of applications with the state engineer of the State of Nevada for water rights appurtenant to federal lands; and be it further
Resolved, That the Bureau of Land Management is urged to continue its policy of withdrawing its applications for water rights appurtenant to federal rangelands in favor of the applications filed by private users of those rangelands; and be it further
Resolved, That the Bureau of Land Management is also urged to continue its policy whereby federal assistance for projects for range improvement is not withheld where the private user elects to file his own application for water rights if a cooperative agreement is established between the private user and the Federal Government; and be it further
Resolved, That the legislative counsel shall forthwith transmit copies of this resolution to the Secretary of the Interior, the Director of the Bureau of Land Management, each member of the Nevada congressional delegation, the director of the state department of conservation and natural resources and the state engineer; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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ê1983 Statutes of Nevada, Page 2219ê
Assembly Resolution No. 16–Committee on Legislative Functions
FILE NUMBER 151
ASSEMBLY RESOLUTION–Designating certain assemblymen as regular and alternate members of the legislative commission.
Resolved by the Assembly of the State of Nevada, That pursuant to the provisions of NRS 218.660, the following assemblymen are designated regular and alternate members of the legislative commission to serve until their successors are designated: Messrs. Louis W. Bergevin, Joseph E. Dini, Jr., John E. Jeffrey, Michael O. Malone, David D. Nicholas and John M. Vergiels are designated as the regular assembly members; Mr. Byron Bilyeu and Mr. Virgil M. Getto are designated as the first and second alternate members, respectively, for Mr. Louis W. Bergevin; Mr. Robert M. Sader and Mr. Leonard V. Nevin are designated as the first and second alternate members, respectively, for Mr. Joseph E. Dini, Jr.: Mr. Danny L. Thompson and Mr. Robert G. Craddock are designated as the first and second alternate members, respectively, for Mr. John E. Jeffrey; Mrs. Jane F. Ham and Mrs. Barbara A. Zimmer are designated as the first and second alternate members, respectively, for Mr. Michael O. Malone; Mr. Bob L. Kerns and Mr. David E. Humke are designated as the first and second alternate members, respectively, for Mr. David D. Nicholas; and Mr. James W. Schofield and Mr. Janson F. Stewart are designated as the first and second alternate members, respectively, for Mr. John M. Vergiels.
________
Assembly Resolution No. 17–Assemblymen Vergiels, Banner, Craddock, Swain, Sader, Fay, Bourne, Kovacs, Price, Sedway, Jeffrey, Perry, Nevin, Thompson, Berkley, Stone, Coffin, Bogaert, May, Thomas, Collins, Bremner, Brady, Dini, Ham, Joerg, DuBois, Francis, Redelsperger, Bilyeu, Beyer, Kerns, Malone, Marvel, Stewart, Bergevin, Nicholas, Humke, Getto, Zimmer, Chaney and Schofield
FILE NUMBER 152
ASSEMBLY RESOLUTION–Commending Lavelle I. Johnson for her long and dedicated service to the legislature.
Whereas, Lavelle I. Johnson was born and raised in Heppner, Oregon; and
Whereas, Mrs. Johnson and her husband, Leo K., moved to Nevada several years ago and became involved in mining in the Gold Hill and Winnemucca areas; and
Whereas, Lavelle came to work for the legislature as a bill clerk in 1959; now a supervisor of bill clerks, she has not missed a session or special session in 24 years; and
Whereas, Lavelle’s wonderful cheerfulness and earnest dedication to her work has been an inspiration to all who have been fortunate enough to have worked with her; and
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ê1983 Statutes of Nevada, Page 2220 (FILE NUMBER 152, AR 17)ê
her work has been an inspiration to all who have been fortunate enough to have worked with her; and
Whereas, Mornings have been brightened for many members of the Nevada legislature over the years due to Lavelle’s conscientious efforts to ensure that fresh donuts and coffee were readily available; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of the Assembly of the 62nd session of the Nevada legislature express their appreciation to and commend Lavelle I. Johnson for her outstanding service to this legislature and the people of the State of Nevada; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Lavelle I. Johnson.
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Assembly Concurrent Resolution No. 37–Assemblymen Nevin, Sedway, Banner, Berkley, Bourne, Marvel, Chaney, Coffin, Collins, Craddock, Dini, Fay, Jeffrey, Kovacs, Perry, Price, Sader, Schofield, Swain, Thompson and Vergiels
FILE NUMBER 153
ASSEMBLY CONCURRENT RESOLUTION–Directing the governor’s office of community services to use a portion of the money received by this state from the Federal Government for overcharges by oil companies to assist the needy in paying their utility bills and installing devices to conserve energy.
Whereas, From 1973 to 1981 the Federal Government regulated the price to be charged by oil companies for natural gas and petroleum products; and
Whereas, The United States Department of Energy has investigated possible overcharges by certain oil companies and has negotiated settlements and established a fund into which the amounts of overcharges have been paid; and
Whereas, Congress recently determined that the overcharges should be returned to the states; and
Whereas, Nevada could receive as much as $12 million from the fund in rebates; and
Whereas, Congress has determined that such rebates may be used to supplement money it has designated for certain programs, including assistance to families of low income to pay their costs of energy; and
Whereas, Many needy people in this state require assistance in paying their utility bills; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That when the Federal Government disburses to this state a portion of the money obtained from the settlements with the oil companies, the governor’s office of community services shall:
1. Allot a portion of the money to:
(a) Assist the needy of this state to pay their utility bills; and
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ê1983 Statutes of Nevada, Page 2221 (FILE NUMBER 153, ACR 37)ê
(b) Provide direct grants to the needy for the installation of devices to conserve energy.
2. Inform the recipients of the assistance, or grants, of practices which will conserve energy; and be it further
Resolved, That the legislative counsel transmit a copy of this resolution to the director of the office of community services.
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Assembly Concurrent Resolution No. 65–Assemblymen Redelsperger, Price, Banner, Ham, Beyer, Thomas, Coffin, Zimmer, Joerg, DuBois, Chaney, Sader, Fay, Malone, Marvel, Kovacs, Swain, Francis, Sedway, Craddock, Bilyeu, Kerns, Berkley, Thompson, Jeffrey, Stewart, Nevin, Bremner, Bourne, Collins, Brady, Perry, Bergevin, Stone, Bogaert, Dini, Getto, Humke, Nicholas, Vergiels, Schofield and May
FILE NUMBER 154
ASSEMBLY CONCURRENT RESOLUTION–Commending Patricia A. Cox for her activities to eliminate poverty in rural Nevada.
Whereas, Patricia A. Cox has worked diligently to improve the quality of life for rural Nevadans; and
Whereas, The activities of the Consolidated Agencies of Human Services were largely established by her efforts; and
Whereas, She is firmly committed to the goal of these agencies which is to eliminate the causes of poverty for rural Nevadans; and
Whereas, She has piloted such programs as those for assistance to persons in Mineral County to purchase energy or weatherize their homes; and
Whereas, She has helped through her determined efforts to found the first emergency bank for food in rural Nevada; and
Whereas, Through her countless hours of work she has helped to establish programs to assist the elderly and young persons; and
Whereas, She is the director of all the programs of the Consolidated Agencies of Human Services and she serves on the Care and Share Project Council; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of this legislature, with heartfelt thanks and sincere gratitude, recognize and commend the achievements and continuing dedication of Patricia A. Cox for her assistance to the Consolidated Agencies of Human Services and to the residents of Mineral County; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to Patricia A. Cox.
________
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ê1983 Statutes of Nevada, Page 2222ê
Assembly Concurrent Resolution No. 66–Assemblymen Price, Vergiels, Kovacs, Schofield, Banner, Bergevin, Berkley, Bremner, Chaney, Coffin, Collins, Craddock, Dini, DuBois, Fay, Francis, Getto, Ham, Humke, Jeffrey, Joerg, Kerns, Malone, Marvel, May, Nevin, Nicholas, Perry, Redelsperger, Sader, Sedway, Stewart, Stone, Swain, Thomas, Thompson and Zimmer
FILE NUMBER 155
ASSEMBLY CONCURRENT RESOLUTION–Instructing the director of the legislative counsel bureau to grant paid leave to employees of the legislative counsel bureau in recognition of their service to the 62nd session of the Nevada legislature.
Whereas, The legislative counsel bureau provides legislative services which are essential to maintain an effective, efficient and productive legislature; and
Whereas, The administrative staff coordinates activities within the legislative building, provides security and maintains the grounds of the legislative building; and
Whereas, The audit staff examines expenditures made by state agencies, performs important internal accounting functions including the management of the legislative fund and all expenditures made for the conduct of the legislative session; and
Whereas, The fiscal analysis staff provides the legislature with complete and accurate information necessary in the appropriation process by independently reviewing the state budget and preparing or reviewing fiscal notes for those legislative measures which have a fiscal impact on local or state government; and
Whereas, The legal staff prepares all legislative measures introduced in the legislature, provides legal advice on legislative matters to members of the legislature and is responsible for the production of bills through the use of the data processing system of the legislative counsel bureau; and
Whereas, The research staff responds to requests from legislators on varying subjects, maintains extensive research data which they interpret and analyze to provide information for the legislature and they are proficient in the preparation of resource materials and studies; and
Whereas, These functions have been performed by the employees of the legislative counsel bureau with outstanding efficiency and dedication throughout the long and many days of this session; and
Whereas, The members of the 62nd session of the Nevada legislature wish to recognize and express their appreciation of the superb performance of the employees of the legislative counsel bureau in a special way; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the director of the legislative counsel bureau is hereby directed to grant 2 days of administrative leave to each employee of the bureau, to be taken at a time arranged by the employee with his supervisor.
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ê1983 Statutes of Nevada, Page 2223 (FILE NUMBER 155, ACR 66)ê
bureau, to be taken at a time arranged by the employee with his supervisor.
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Senate Resolution No. 12–Senator Gibson
FILE NUMBER 156
SENATE RESOLUTION–Designating certain senators as members of the legislative commission and providing for the method of selecting alternate members.
Resolved by the Senate of the State of Nevada, That pursuant to the provisions of NRS 218.660 and the joint rules of the legislature, Senators James I. Gibson, Thomas J. Hickey, Floyd R. Lamb, Robert E. Robinson, Randolph J. Townsend and Sue Wagner are designated as the regular senate members of the legislative commission; Senators Helen A. Foley, James H. Bilbray and Nicholas J. Horn are designated as the first, second and third alternate members, respectively, for Senators James I. Gibson, Thomas J. Hickey, Floyd R. Lamb, Robert E. Robinson and Randolph J. Townsend; Senators William J. Raggio and Lawrence E. Jacobsen are designated as the first and second alternate members, respectively, for Senator Sue Wagner; and be it further
Resolved, That if a regular member of the legislative commission is absent from a meeting of the legislative commission, an alternate member designated for the regular member must be selected to replace the regular member during his absence at that meeting. The alternate member to serve at the meeting must be selected as follows:
1. The secretary of the legislative commission shall establish a record of service of alternate members at meetings of the legislative commission, and shall maintain a list of the alternate members representing the majority party and a separate list of the alternate members representing the minority party. Each list must contain a numerical designation in ascending order for each alternate member on the list. The initial sequence in which the alternate members must be listed must correspond to their designation as alternates in this resolution.
2. If a regular member of the legislative commission is unable to attend a scheduled meeting of the commission, and notifies the secretary of the commission, the secretary shall request the alternate member with the lowest numerical designation on the appropriate list to replace the regular member at the meeting. If that alternate member does not agree to serve, the secretary shall make the same request of the alternate member with the next higher numerical designation on the list, and so on through the list until an alternate member agrees to replace the regular member.
3. An alternate member who agrees to replace a regular member at a meeting of the legislative commission loses the numerical designation he had on the appropriate list at the time he was requested to serve.
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ê1983 Statutes of Nevada, Page 2224 (FILE NUMBER 156, SR 12)ê
he had on the appropriate list at the time he was requested to serve. The secretary of the legislative commission shall, when the alternate member agrees to replace the regular member, assign to that alternate member the highest numerical designation on the appropriate list. At the same time, the secretary shall also reduce by one the numerical designation in the appropriate list to those alternate members who have higher numerical designations in the appropriate list than the alternative member who agreed to serve.
4. An alternate member who is requested to replace a regular member at a meeting of the legislative commission, but who does not agree to replace the regular member, does not lose the numerical designation he had on the appropriate list at the time of the request.
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Senate Joint Resolution No. 11–Senators Mello, Bilbray, Gibson, Robinson, Glaser, Wilson, Wagner, Raggio, Hernstadt, Neal, Jacobsen, Townsend, Foley, Hickey, Blakemore and Faiss
FILE NUMBER 157
SENATE JOINT RESOLUTION–Proposing to amend the Nevada constitution to authorize the taxation of estates only to the extent of the credit allowable for the tax against the federal estate tax.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That a new section be added to article 10, and section 1 of article 10 of the constitution of the State of Nevada be amended to read respectively as follows:
Sec. 4. The legislature may provide by law for the taxation of estates taxed by the United States, but only to the extent of any credit allowed by federal law for the payment of the state tax and only for the purpose of education, to be divided between the common schools and the state university for their support and maintenance. The combined amount of these federal and state taxes may not exceed the estate tax which would be imposed by federal law alone. If another state of the United States imposes and collects death taxes against an estate which is taxable by the State of Nevada under this section, the amount of estate tax to be collected by the State of Nevada must be reduced by the amount of the death taxes collected by the other state. Any lien for the estate tax attaches no sooner than the time when the tax is due and payable, and no restriction on possession or use of a decedent’s property may be imposed by law before the time when the tax is due and payable in full under federal law. The State of Nevada shall:
1. Accept the determination by the United States of the amount of the taxable estate without further audit.
2. Accept payment of the tax in installments proportionate to any which may be permitted under federal law.
3. Impose no penalty for such a deferred payment.
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ê1983 Statutes of Nevada, Page 2225 (FILE NUMBER 157, SJR 11)ê
4. Not charge interest on a deferred or belated payment at any rate higher than may be provided in similar circumstances by federal law.
Section 1. 1. The legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal and possessory, except mines and mining claims, when not patented, the proceeds alone of which shall be assessed and taxed, and when patented, each patented mine shall be assessed at not less than five hundred dollars ($500), except when one hundred dollars ($100) in labor has been actually performed on such patented mine during the year, in addition to the tax upon the net proceeds . [; shares]
2. Shares of stock (except shares of stock in banking corporations), bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt.
3. The legislature may constitute agricultural and open-space real property having a greater value for another use than that for which it is being used, as a separate class for taxation purposes and may provide a separate uniform plan for appraisal and valuation of such property for assessment purposes. If such plan is provided, the legislature shall also provide for retroactive assessment for a period of not less than 7 years when agricultural and open-space real property is converted to a higher use conforming to the use for which other nearby property is used.
4. Personal property which is moving in interstate commerce through or over the territory of the State of Nevada, or which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward, shall be deemed to have acquired no situs in Nevada for purposes of taxation and shall be exempt from taxation. Such property shall not be deprived of such exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged.
5. The legislature may exempt motor vehicles from the provisions of the tax required by this section, and in lieu thereof, if such exemption is granted, shall provide for a uniform and equal rate of assessment and taxation of motor vehicles, which rate shall not exceed five cents on one dollar of assessed valuation.
6. The legislature shall provide by law for a progressive reduction in the tax upon business inventories by 20 percent in each year following the adoption of this provision, and after the expiration of the 4th year such inventories are exempt from taxation.
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ê1983 Statutes of Nevada, Page 2226 (FILE NUMBER 157, SJR 11)ê
year such inventories are exempt from taxation. The legislature may exempt any other personal property, including livestock.
7. No inheritance [or estate] tax shall ever be levied . [, and there shall also be excepted such property as may be exempted by law]
8. The legislature may exempt by law property used for municipal, educational, literary, scientific or other charitable purposes, or to encourage the conservation of energy or the substitution of other sources for fossil sources of energy.
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Senate Concurrent Resolution No. 45–Committee on Natural Resources
FILE NUMBER 158
SENATE CONCURRENT RESOLUTION–Directing the legislative commission to study the feasibility of establishing regional water authorities and prohibiting the transfer of certain water and the state engineer from acting upon applications to export water from certain counties.
Whereas, There has been and continues to be a large growth in population and intense residential, commercial and industrial development in the incorporated and unincorporated areas of several counties in this state; and
Whereas, The domestic and waste water facilities in such counties have traditionally been operated by several private and municipal utilities that primarily serve city residents; and
Whereas, With the development of multiple contiguous communities and suburban living, the existing domestic and waste water facilities are now serving the inhabitants of a large geographical area and increasing numbers of tourists; and
Whereas, The multiple corporations and municipalities are unable to operate effectively these domestic and waste water facilities because the vast amount of money required for maintenance and capital improvements is not available to the municipalities or private corporations through issuance of the types of securities permitted by law; and
Whereas, A regional governmental corporation would accommodate the expanding urban population, provide adequate funding and establish the administration necessary to ensure adequate services to the region within the boundaries of such counties; and
Whereas, The creation of a regional governmental corporation is a matter of public necessity and would serve a public purpose and promote the general welfare by facilitating adequate domestic and waste water services; and
Whereas, There may be alternative solutions to the domestic and waste water problems in such counties; and
Whereas, The export of water from such counties may frustrate and negate the planning efforts of those counties; now, therefore, be it
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ê1983 Statutes of Nevada, Page 2227 (FILE NUMBER 158, SCR 45)ê
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to conduct a study of the feasibility of creating, governing and financing a regional authority to provide domestic and waste water services in an area which includes all or part of such a county; and be it further
Resolved, That the study include a storage of water and other measures to conserve water in such counties; and be it further
Resolved, That the study include the consideration of recommendations from the governing bodies of such counties and cities within such counties, other persons and companies that are engaged in supplying such services and from any regional planning agencies in the area; and be it further
Resolved, That the results of the study be submitted to the 63rd session of the Nevada legislature; and be it further
Resolved, That the state engineer shall not act on an application to divert water from a county having a population of more than 13,000 to a county having a population of 250,000 or less until:
1. The county from which the water would be exported has completed any study it is conducting of the supply and management of water in the county; and
2. The legislative commission has completed its study conducted pursuant to this resolution, its report has been submitted to the legislature, and the 63rd session of the legislature has adjourned; and be it further
Resolved, That the state engineer shall not allow any water to be transferred from Washoe Valley to any other area until the legislative commission has completed its study conducted pursuant to this resolution, its report has been submitted to the legislature, and the 63rd session of the legislature has adjourned; and be it further
Resolved, That the state engineer shall report to the 63rd session of the legislature the nature and status of applications and permits for exporting water from a county having a population of more than 13,000 to a county having a population of 250,000 or less, and the quantity of water being exported pursuant to such permits.
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Senate Concurrent Resolution No. 55–Senator Townsend
FILE NUMBER 159
SENATE CONCURRENT RESOLUTION–Directing the legislative commission to appoint a special committee to study education.
Whereas, The National Commission on Excellence has issued a public report describing the problems facing education in America; and
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ê1983 Statutes of Nevada, Page 2228 (FILE NUMBER 159, SCR 55)ê
Whereas, The Commission’s report proposes solutions to those problems; and
Whereas, The contents of this report are important to the people of Nevada and the system of education in Nevada; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to appoint a special committee to:
1. Study the report of the National Commission on Excellence and the recommendations in the report for improving education; and
2. Report the results of this study and any recommendations to the governor, the department of education, the school districts in Nevada and the legislative commission; and be it further
Resolved, That the results of the study and any recommendations for legislation be reported to the 63rd session of the legislature.
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Senate Concurrent Resolution No. 56–Senators Gibson, Lamb, Wilson, Raggio, Blakemore, Neal, Ashworth, Glaser, Faiss, Hernstadt, Jacobsen, Wagner, Bilbray, Mello, Glover, Hickey, Robinson, Horn, Foley, Ryan and Townsend
FILE NUMBER 160
SENATE CONCURRENT RESOLUTION–Commending the staff of the Nevada Legislative Counsel Bureau for their service to the 62nd session of the Nevada legislature.
Whereas, The Nevada legislative counsel bureau provides legislative services which are essential to the smooth functioning and independence of the Nevada legislature; and
Whereas, The legislative counsel bureau provides the necessary services of general editing and distribution, typing, engrossing and enrolling, reproducing, indexing and data processing; and
Whereas, The administrative staff of the legislative counsel bureau provides the important services of administering the legislative fund as well as providing security and maintenance of the legislative building and its grounds; and
Whereas, The audit staff of the legislative counsel bureau examines the expenditure by nearly every agency of state government of the money appropriated by the legislature and performs important internal accounting functions, including the management of the legislative fund and all expenditures for the conduct of the legislative session; and
Whereas, The fiscal analysis staff of the legislative counsel bureau provides the legislature with complete and accurate information needed in the appropriation process by independently reviewing the state budget and preparing or reviewing fiscal notes for those legislative measures which have a fiscal impact on local or state government; and
Whereas, The legal staff of the legislative counsel bureau prepares all legislative measures introduced in the legislature and all amendments of those measures, provides legal advice respecting legislative matters to the members of the legislature collectively and individually and produces the basic legal publications of the state; and
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ê1983 Statutes of Nevada, Page 2229 (FILE NUMBER 160, SCR 56)ê
all legislative measures introduced in the legislature and all amendments of those measures, provides legal advice respecting legislative matters to the members of the legislature collectively and individually and produces the basic legal publications of the state; and
Whereas, The research staff of the legislative counsel bureau responds to legislative requests for information on virtually any subject amenable to legislation by maintaining extensive research data and analyzing and interpreting that data to provide usable information for the legislature, prepares resource materials for legislators and the general public and serves as the legislature’s primary contact with other state legislatures and the Federal Government; and
Whereas, These functions have been performed by the employees of the legislative counsel bureau with outstanding efficiency and dedication throughout the long and many days of this session, allowing the superintendent of the state printing and records division and his staff to print with promptness and accuracy the legislative indexes, histories and journals; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 62nd session of the Nevada legislature commend and thank the staff of the Nevada legislative counsel bureau for their careful and efficient work in assisting the proceedings of this legislature.
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Senate Joint Resolution No. 26–Senator Jacobsen
FILE NUMBER 161
SENATE JOINT RESOLUTION–Requesting Congress to convey additional land at the former Stewart Indian School to the State of Nevada.
Whereas, On July 21, 1982, the United States conveyed to the State of Nevada approximately 50 acres which had been a part of the Stewart Indian School at Stewart, Nevada; and
Whereas, The 50 acres granted to the State of Nevada was the maximum amount of real property which could be transferred to the state pursuant to 25 U.S.C. § 293 (a); and
Whereas, Approximately 60 acres of real property adjacent to the 50 acres conveyed to the state have not been conveyed by the United States; and
Whereas, That 60 acres contains several residences, a part of the campus of the former school and facilities for treating sewage from the school; and
Whereas, The problems of managing the former school, the groundwater of the area and the treatment of sewage would be alleviated if the 60 acres were conveyed to the State of Nevada; and
Whereas, The 60 acres presently are of little value or use to the United States and not easily managed by the United States; now, therefore be it
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ê1983 Statutes of Nevada, Page 2230 (FILE NUMBER 161, SJR 26)ê
United States and not easily managed by the United States; now, therefore be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature respectfully requests that the Congress of the United States convey to the State of Nevada, all the real property and improvements lying and situate in Carson City, State of Nevada, more particularly described as being portions of the N ½ of the NE ¼ of Section 5, Township 14 North, Range 20 East, and the S ½ of the SE ¼ of Section 32, Township 15 North, Range 20 East, M.D.B. & M., and more fully described by metes and bounds as follows:
Parcel 1: BEGINNING at a point on the Sixteenth Section line which bears North 52º33′29″ West, a distance of 2217.18 feet from the Southeast corner of Section 32, Township 15 North, Range 20 East, M.D.B. & M.; Thence South 49º48′10″ West, a distance of 72.00 feet; Thence South 44º15′30″ West, a distance of 235.95 feet; Thence South 28º20′04″ West, a distance of 628.52 feet; Thence North 62º50′01″ West, a distance of 245.00 feet; Thence North 5º22′11″ West, a distance of 340.03 feet; Thence North 0º41′52″ East, a distance of 330.08 feet to a point on the Sixteenth Section line; Thence following said Sixteenth Section line, South 89º06′59″ East, a distance of 763.82 feet to the POINT OF BEGINNING; said parcel containing an area of 7.91 acres, more or less; and
Parcel 2: BEGINNING at a point on the East Section line which bears South 1º03′14″ West, a distance of 1077.90 feet from the Northeast corner of Section 5, Township 14 North, Range 20 East, M.D.B. & M.; Thence continuing along said Section line, South 1º03′14″ West, a distance of 192.48 feet to the Sixteenth Corner; Thence following the Sixteenth Section line, North 89º16′53″ West, a distance of 428.88 feet to a point on the meander line of Clear Creek; Thence, following said meander line of Clear Creek, North 43º36′51″ West, a distance of 22.80 feet; Thence North 67º16′46″ West, a distance of 90.51 feet; Thence North 34º12′17″ West, a distance of 166.11 feet Thence South 47º36′58″ West, a distance of 68.63 feet; Thence North 18º50′03″ West, a distance of 84.41 feet; Thence South 46º12′07″ West, a distance of 47.87 feet; Thence North 63º02′10″ West, a distance of 315.42 feet; Thence South 87º15′50″ West, a distance of 62.01 feet; Thence North 38º34′12″ West, a distance of 78.80 feet; Thence South 38º00′33″ West, a distance of 59.14 feet; Thence North 31º19′04″ West, a distance of 119.13 feet; Thence South 72º07′16″ West, a distance of 67.78 feet; Thence North 30º18′23″ West, a distance of 72.79 feet; Thence North 83º21′14″ West, a distance of 188.45 feet; Thence South 62º40′03″ West, a distance of 169.64 feet; Thence South 84º18′59″ West, a distance of 216.08 feet; Thence North 89º05′18″ West, a distance of 277.76 feet; Thence North 46º35′40″ West, a distance of 292.25 feet; Thence North 67º05′59″ West, a distance of 140.00 feet; Thence North 29º16′31″ West, a distance of 165.70 feet; Thence North 73º25′20″ West, a distance of 58.09 feet to a point on the Quarter Section line; Thence following said Quarter Section line, North 0º49′17″ East, a distance of 475.81 feet to a point on the Section line common to Section 5, Township 14 North, Range 20 East, and Section 32, Township 15 North, Range 20 East, M.D.B.
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ê1983 Statutes of Nevada, Page 2231 (FILE NUMBER 161, SJR 26)ê
the Quarter Section line; Thence following said Quarter Section line, North 0º49′17″ East, a distance of 475.81 feet to a point on the Section line common to Section 5, Township 14 North, Range 20 East, and Section 32, Township 15 North, Range 20 East, M.D.B. & M.; Thence continuing to follow the Quarter Section line, North 0º41′52″ East, a distance of 664.80 feet to the Southwest corner of the Stewart Campus Area; Thence following the southern boundary of the Stewart Campus Area, South 62º38′24″ East, a distance of 109.83 feet; Thence South 26º55′22″ West, a distance of 147.92 feet; Thence South 62º12′54″ East, a distance of 456.62 feet; Thence South 24º05′28″ East, a distance of 687.25 feet; Thence South 65º02′06″ East, a distance of 488.53 feet; Thence North 26º04′24″ East, a distance of 497.00 feet; Thence North 74º54′48″ East, a distance of 207.70 feet; Thence North 31º52′06″ East, a distance of 395.68 feet; Thence South 80º32′08″ East, a distance of 312.76 feet to a point of the West side of the abandoned Virginia and Truckee Railroad (V&TRR) right-of-way; Thence following the West side of said abandoned V&TRR right-of-way, South 21º30′35″ East, a distance of 1441.72 feet to the POINT OF BEGINNING; said parcel containing an area of 52.37 acres more or less. Both parcels containing an area of 60.28 acres, more or less; and be it further
Resolved, That copies of this resolution be immediately transmitted by the legislative counsel to the Vice President of the United States as President of the Senate, to the Speaker of the House of Representatives, and to each member of the congressional delegation of the State of Nevada; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Senate Joint Resolution No. 13–Senators Raggio, Ashworth, Robinson, Wagner, Blakemore, Jacobsen, Faiss, Bilbray, Mello, Gibson, Lamb, Hickey, Foley, Hernstadt, Townsend, Ryan and Horn
FILE NUMBER 162
SENATE JOINT RESOLUTION–Extending Nevada’s friendship to the people of Taiwan, the Republic of China.
Whereas, Trade has throughout history been a powerful force in bringing together nations far apart, in culture as well as in physical distance; and
Whereas, Trade with all nations thus derives an importance beyond its direct economic value; and
Whereas, Taiwan’s trade with the United States has been great, notably so in proportion to its population, making this island one of this nation’s major trading partners in Asia; and
Whereas, This economic tie has been reinforced by mutual visits and other cultural exchanges fostered by the government of the United States as a part of developing friendly relations with all peoples; now, therefore, be it
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ê1983 Statutes of Nevada, Page 2232 (FILE NUMBER 162, SJR 13)ê
and other cultural exchanges fostered by the government of the United States as a part of developing friendly relations with all peoples; now, therefore, be it
Resolved by the Senate and the Assembly of the State of Nevada, jointly, That this legislature, on behalf of the people of Nevada, extends to the people of Taiwan, the Republic of China, through the Provincial Legislature of Taiwan, the friendship of this state and invites them to conduct such mutually beneficial programs as will promote better understanding between our citizens as well as strengthen international understanding and goodwill; and be it further
Resolved, That copies of this resolution be transmitted by the legislative counsel to Lee Teng-Hui, governor of Taiwan, Kao Yu-Jen, speaker of the Provincial Legislature of Taiwan, Nieh Wen-Ya, president of the Legislative Yuan, Republic of China; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Joint Resolution No. 18–Assemblymen Bogaert, Banner, Malone, Bergevin, Fay, Jeffrey, Craddock, Kerns, Joerg, Francis, Zimmer, Swain, Collins, Brady, Thomas, Kovacs, Schofield, Beyer, Nicholas, Chaney, DuBois, Sedway, Dini, Thompson, Redelsperger, Bilyeu, Perry, Marvel, Bremner, Nevin, Stone, May, Getto, Ham, Stewart and Vergiels
FILE NUMBER 163
ASSEMBLY JOINT RESOLUTION–Calling upon Congress to adopt a national strategy of peace by strengthening the United States.
Whereas, The Soviet Union has exploited initiatives of the United States toward peace to improve its own strategic and conventional capabilities for war; and
Whereas, The Soviet Union has the resources to support increasingly bolder aggression; and
Whereas, There is a basis for concern that the Soviet Union may use its forces in Pakistan, Iran, Yugoslavia and the Western Hemisphere; and
Whereas, The Soviet Union has demonstrated an unwillingness to live by international law; and
Whereas, The United States and its allies in the free world are the only world powers which can stop the expansionism of the Soviet Union; and
Whereas, The combined efforts of many state legislatures are necessary to achieve the adoption of a national strategy of peace by strengthening the United States; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the Nevada legislature hereby calls upon the Congress of the United States to adopt a national strategy to:
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ê1983 Statutes of Nevada, Page 2233 (FILE NUMBER 163, AJR 18)ê
1. Inspire, focus and unite the will and determination of the nation to achieve the goals of peace and freedom;
2. Achieve military and technological superiority over the Soviet Union and its satellites;
3. Create a civil and strategic defense so that the citizens of the United States are as well protected from nuclear war as are the citizens of the Soviet Union;
4. Reestablish our capability for effective security and intelligence;
5. Pursue positive nonmilitary resources to prevent the growth of communism;
6. Help our allies and other noncommunist countries defend themselves against aggressions from the communist countries;
7. Maintain a strong economy;
8. Control wasteful expenditures for the defense of the United States;
9. Protect our oversea sources of energy and other vital raw materials; and
10. Accept an agreement for arms control which does not jeopardize the security of the United States or its allies;
and be it further
Resolved, That the legislative counsel is directed to transmit copies of this resolution to all members of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Joint Resolution No. 26–Assemblyman Joerg
FILE NUMBER 164
ASSEMBLY JOINT RESOLUTION–Memorializing Congress to abolish the federal estate tax and allow an interim credit for gifts to states.
Whereas, The constitution of the State of Nevada has since 1942 forbidden this state to tax inheritances or estates; and
Whereas, This form of taxation traces its ancestry to the feudal system whereby all land, except that directly occupied by the king himself, was held by an overlord who exacted a price for permitting it to pass to the heir upon the holder’s death; and
Whereas, The people of this state stand alone among the United States in rejecting this vestige of feudalism; and
Whereas, Congress has recognized the objections to this form of taxation by progressively exempting from the federal tax larger and larger estates and extending the time for its payment from a closely held enterprise; and
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ê1983 Statutes of Nevada, Page 2234 (FILE NUMBER 164, AJR 26)ê
Whereas, The provision of the remaining federal estate tax whereby credit is allowed against the federal tax for the payment of a state death tax, within prescribed limits, places the citizens of this state at a disadvantage compared to the citizens of other states in that all estate taxes paid in Nevada pass out of the state to the Federal Government whereas in other states a portion of this money can be kept in the state for the more proximate benefit of its surviving citizens; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That this legislature earnestly requests the Congress of the United States to complete the abolition of the federal estate tax; and be it further
Resolved, That if this is not done or is to be done by degrees, this legislature requests Congress to provide the same credit against the federal tax for gifts to the state of the decedent’s residence as is provided for death taxes imposed by a state; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to each member of Nevada’s congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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