[Rev. 2/28/2019 11:42:08 AM]
RESOLUTIONS AND MEMORIALS
κ1971 Statutes of Nevada, Page 2209κ
Resolutions and Memorials
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Senate Resolution No. 1Senator Brown
FILE NUMBER 1
SENATE RESOLUTIONAdopting joint standing rules and standing rules for the senate of the Nevada legislature for the 56th regular session.
Resolved by the Senate of the State of Nevada, That the Joint Standing Rules of the senate of the 55th session be adopted by the senate of the 56th session; and be it further
Resolved, That Standing Rules 1 to 5, inclusive, 7 to 27, inclusive, and 29 to 57, inclusive, of the senate of the 55th session, as amended, be adopted by the senate of the 56th session; and be it further
Resolved, That the following new rules, designated Standing Rules 6, 28, 58, 59 and 60, also be adopted as standing rules of the senate of the 56th session:
6
BILL ANALYSIS
A bill analysis shall be printed with each bill, preceding the body of the bill, in a series of a few paragraphs indicating why the legislation is proposed, what specific problems it is designed to counter, and how it actually attempts to accomplish the intent. Amendments to this analysis shall be made by brackets and italics for any reprints of the bill incorporating amendments. Reference to the amended analysis shall disclose the effect of amendments to the entire bill.
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STANDING COMMITTEES
Standing committees of the Senate shall be as follows:
1. Commerce, five members.
2. Ecology, seven members.
3. Education, seven members.
4. Federal, State, and Local Governments, seven members.
5. Finance, seven members.
6. Health and Welfare, five members.
7. Judiciary, seven members.
8. Labor, seven members.
9. Legislative Functions, five members.
10. Public Resources, seven members.
11. State Institutions, five members.
12. Taxation, seven members.
13. Transportation, seven members.
κ1971 Statutes of Nevada, Page 2210 (FILE NUMBER 1, SR 1)κ
58
NOTICES OF BILLS, TOPICS AND PUBLIC HEARINGS
Adequate notice shall be provided to the legislators and the public by posting information relative to the bills, topics and public hearings which are to come before committees. Such notice and posting shall be made at appropriate, convenient places in the legislative building as well as appearing in the daily history.
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SKELETON BILLS
The introduction of skeleton bills is authorized after the beginning of a session when, in the opinion of the sponsor and the legislative counsel, the full drafting of the bill would entail extensive research or be of considerable length. A skeleton bill will be provided for purposes of introduction and committee referral. Such bill will be a presentation of ideas or statements of purpose, sufficient in style and expression to enable the legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed. The committee, if it treats the skeleton bill favorably, shall then request the draft of a completed bill in such detail as would afford the committee the opportunity of considering the legislative ideas proposed in context with all their necessary legal ramifications.
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BILLS INTRODUCED TO BE ACCOMPANIED BY
CERTAIN INFORMATION
Bills introduced shall be accompanied by information relative to witnesses and selected persons of departments and agencies who should be considered for committee hearings on the proposed legislation. At the time of introduction of a bill, a list shall be given to the secretary of witnesses who are proponents of the measure together with their addresses and telephone numbers. This information shall be provided by:
(a) The senator introducing the bill;
(b) The person requesting a committee introduction of the bill; or
(c) The chairman of a committee introducing the bill.
The secretary shall deliver this information to the chairman of the committee to which the bill is referred. Members of the committee may suggest additional names for witnesses.
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κ1971 Statutes of Nevada, Page 2211κ
Senate Resolution No. 2Senator Lamb
FILE NUMBER 2
SENATE RESOLUTIONProviding an allowance for each member and the president of the senate for periodicals, stamps and stationery.
Resolved by the Senate of the State of Nevada, That the sum of $60 is to be allowed each member and the president of the senate for periodicals, stamps and stationery, as provided by law, and the same is to 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 the same.
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Senate Resolution No. 3Committee on Legislative Functions
FILE NUMBER 3
SENATE RESOLUTIONProviding for the appointment of senate attaches.
Resolved by the Senate of the State of Nevada, That the following named persons be, and they hereby are, elected as attaches of the senate for the 56th session of the legislature of the State of Nevada: Jean Hanna, Janice Goodhue, Winifred Slade, Judy Stevenson, Dean Miller, Genevieve Cronin, Gladys Story, Jean Fondi, Jeanne Douglas, Eileen Wyncoop, Grace Dirrim, Mildred Buchanan, Jacqueline Crane, Kay Johnson, Melissa Roventini, James Balk and Virgil Lewis.
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Assembly Resolution No. 1Committee on Ways and Means
FILE NUMBER 4
ASSEMBLY RESOLUTIONProviding an allowance for each member of the assembly for periodicals, stamps and stationery.
Resolved by the Assembly of the State of Nevada, That the sum of $60 is to be allowed each member of the assembly for periodicals, stamps and stationery, as provided by law, and that the same is to be certified by the speaker and 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 the same.
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κ1971 Statutes of Nevada, Page 2212κ
Assembly Resolution No. 2Clark County Delegation
FILE NUMBER 5
ASSEMBLY RESOLUTIONMemorializing the late Assemblyman Austin H. Bowler.
Whereas, The assembly of the Nevada legislature and the people of the State of Nevada desire to pay tribute to the many services rendered to them by former Assemblyman Austin H. Bowler, whose untimely death occurred on March 23, 1970; and
Whereas, Assemblyman Bowler was a native son, having been born in Mesquite in 1907; and
Whereas, Austin H. Bowler distinguished himself through his labors during the 1965, 1967 and 1969 regular sessions and the 1965, 1966 and 1968 special sessions of Nevada legislature as an assemblyman, always standing as a steadying influence whose advice and counsel were constantly sought by his fellow members; and
Whereas, It has been said that his life was a textbook on achievement and dedication and it would behoove us all to reflect upon each chapter; and
Whereas, He has endeared himself by words, actions and deeds to the people of the State of Nevada and the members of the Nevada state legislature; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of the assembly of the 56th session of the legislature of the State of Nevada, on behalf of all Nevadans, express their deepest sorrow and heartfelt condolences are hereby extended to the widow and surviving family of the late Assemblyman Austin H. Bowler; and be it further
Resolved, That when this body adjourns today it does so in memory of former Assemblyman Austin H. Bowler; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the surviving widow and mother of the deceased.
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Assembly Resolution No. 3Messrs. Swallow, McKissick and Swackhamer
FILE NUMBER 6
ASSEMBLY RESOLUTIONExpressing sorrow at the passing of the wife of Assemblyman Rawson Prince.
Whereas, The members of the assembly of this state learned with great sorrow of the passing of Hope Prince, wife of their fellow Assemblyman Rawson Prince; and
Whereas, Mrs. Prince was a beloved companion and helpmate to her husband and a capable mother to her three children; and
Whereas, Mrs. Prince, a native Nevadan, was also active in many civic and church activities; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of the Assembly of the 56th session of the Nevada legislature express their profound condolences to Assemblyman Rawson Prince and family in the passing of Mrs.
κ1971 Statutes of Nevada, Page 2213 (FILE NUMBER 6, AR 3)κ
their profound condolences to Assemblyman Rawson Prince and family in the passing of Mrs. Hope Prince; and be it further
Resolved, That copies of this resolution be prepared and transmitted herewith by the legislative counsel to Assemblyman Prince and his family.
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Assembly Resolution No. 4Mr. Torvinen
FILE NUMBER 7
ASSEMBLY RESOLUTIONInvesting the special committee of the assembly appointed to investigate the contest of election before the house with certain powers and imposing certain duties on it; and providing other matters properly relating thereto.
Whereas, The secretary of state has delivered a statement of contest and other documents to the speaker of the assembly; and
Whereas, It is the desire of the assembly that the contest of election be heard and decided as expeditiously as possible; and
Whereas, A special committee of the assembly has been appointed by the speaker to make an investigation and report to the assembly as soon as possible; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That:
1. The special committee shall take all relevant evidence, including but not limited to testing the voting machine in question in the presence of the contestant and the contestee, their counsel, and if possible, such experts as are available.
2. The special committee may summon (by subpena) and examine witnesses, require the production of and examine books, records and papers. Mr. Grant Davis is hereby selected without compensation as an assistant sergeant-at-arms of the assembly for the only purpose of serving subpenas which may be issued by the special committee.
3. The special committee may travel within the State of Nevada as may be necessary in the execution of its duties.
4. The special committee may employ necessary reporters to report and transcribe the oral testimony taken by the committee.
5. The chairman of the special committee may sign subpenas issued by the special committee and any member of the special committee may administer oaths or affirmations.
6. Upon completion of its duties the special committee shall file with the speaker:
(a) A transcript of the testimony heard by the committee; and
(b) Written findings of fact.
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κ1971 Statutes of Nevada, Page 2214κ
Assembly Concurrent Resolution No. 2Mr. Roy Young
FILE NUMBER 8
ASSEMBLY CONCURRENT RESOLUTIONAuthorizing necessary expenditures from the legislative fund for travel and other expenses of the members and employees of the assembly special committee to be incurred in making an investigation of the election contest before the assembly.
Resolved by the Assembly of the State of Nevada, the Senate concurring, That expenditure of necessary moneys from the legislative fund, including but not limited to travel and per diem expenses of the members and employees of the special committee of the assembly appointed to make an investigation in the election contest before the assembly and compensation and expenses of court reporters to be employed by such committee, is hereby authorized.
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Assembly Resolution No. 5Messrs. Hafen, Lowman, Miss Hawkins, Messrs. Dini, Branch, May, Mrs. Brookman, Messrs. Bryan, Fry, Miss Foote, Messrs. Mello, Valentine, Howard, Getto, Kean, Ashworth, Glaser, Roy Young, Lingenfelter, Mrs. White, Messrs. Smalley, Poggione, Capurro, Lauri, Mrs. Frazzini, Messrs. Frank Young, Wilson, Ronzone, Swackhamer, McKissick, Swallow, Prince, Dreyer, Schofield, Torvinen, Olsen, Jacobsen, Homer and Hilbrecht
FILE NUMBER 9
ASSEMBLY RESOLUTIONMemorializing the late Assemblyman G. Joe Viani.
Whereas, On July 21, 1969, the residents of Mineral County and the people of the State of Nevada suffered a deep loss by the death of former Assemblyman Joe Viani; and
Whereas, Excepting the regular session of 1965, Mr. Viani served as a dedicated and vigorous member of the Nevada assembly from 1958 through 1969; and
Whereas, Joe Viani was born in Chiesa, Italy, on November 7, 1905, migrating with his parents to Nevada 14 years later, where he completed his education at the mining camp of Sutro; and
Whereas, Since the early 1940s Mr. Viani was a civic leader in Hawthorne with a long list of accomplishments among which were his service as Mineral County Defense Director and as a member of the Mineral County Economic Development Board; and
Whereas, The integrity and dedication displayed by Assemblyman Viani served as a beacon to guide his fellow members; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the condolences of the members of the 56th session of the legislature of the State of Nevada are hereby extended to the surviving family and relatives of G. Joe Viani; and be it further
Resolved, That when this body adjourns today it does so in memory of former Assemblyman Joe Viani; and be it further
κ1971 Statutes of Nevada, Page 2215 (FILE NUMBER 9, AR 5)κ
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the surviving widow and sons of the deceased.
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Assembly Resolution No. 6Committee on Legislative Functions
FILE NUMBER 10
ASSEMBLY RESOLUTIONProviding for the appointment of assembly attaches.
Resolved by the Assembly of the State of Nevada, That the following persons be, and they hereby are, elected as attaches of the assembly for the 56th session of the legislature of the State of Nevada: Mouryne Landing, Pauline Topken, Carol Moore, Ila Harvey, A. E. Miller, Marion Burnham, Harold Berger, Steve Pozzi, Bruce Robertson, Cecil Antone, Mary Lou Keever, Sandra Grayson, Margo Drevdahl, Carol Rodlin, Marjorie Robertson, Barbara Sullivan, Madge Taylor, Judy Austin, Ruth Daniels, Virginia Floyd, Barbara Smithers, Joan Burnside, Nancy Lamb, Bodil Sullivan, Sally Dunfield, Melinda Bydalik, Lavelle Johnson, Doris Davis, Louis Hardy, Silvia Campbell, Grace Arndell, Lois Gerber, Mildred Hussman, David Perondi, Leonard Fitzgerald, Jr., and Helen Mattheus.
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Assembly Resolution No. 7Miss Foote, Messrs. Mello, Valentine, Hilbrecht, Dini, Branch, Hafen, Lowman, McKissick, Olsen, Roy Young, Howard, Jacobsen, Prince, Kean, Swackhamer, Getto and Lingenfelter
FILE NUMBER 11
ASSEMBLY RESOLUTIONMemorializing the late Assemblyman Ernest M. Johnson
Whereas, On June 3, 1970, the people of the State of Nevada suffered a grievous loss by the death of the beloved and respected former Assemblyman Ernest M. Johnson; and
Whereas, Ernest Johnson was born in Canton, Oklahoma, on April 10, 1913, and was employed in Nevada as a general production foreman, safety director and employment supervisor at U.S. Gypsum Co., in Empire, Nevada; and
Whereas, He served the people of the State of Nevada in many ways-as a member of the Executive Board, Nevada Area Council of Boy Scouts, chairman and regional president of the Nevada Congress of Parent-Teacher Association, president of the Gerlach Parent-Teacher Association, member of the state board of forestry and fire control and member of the Democratic state central committee; and
Whereas, He served with distinction as a member of the board of trustees of Washoe County School District for many years and met his untimely death while returning home after performing such service; and
κ1971 Statutes of Nevada, Page 2216 (FILE NUMBER 11, AR 7)κ
Whereas, He ably represented the people of Washoe County in the assembly in the 1963 and 1965 regular and 1964 special legislative sessions; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the condolences of this 56th session of the Nevada legislature are hereby extended to the widow and surviving family of the late Assemblyman Ernest M. Johnson; and be it further
Resolved, That when this body adjourns today, it does so in honor of our beloved associate; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the widow and surviving daughters of the late assemblyman.
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Assembly Concurrent Resolution No. 4Messrs. Howard, Kean, Roy Young, Homer, Mello, Lingenfelter, Mrs. Frazzini, Messrs. Jacobsen, Frank Young, Mrs. Brookman, Messrs. Lowman, Hilbrecht, Dini, Branch, May, Dreyer, Schofield, Fry, Valentine, Bryan, Miss Foote, Messrs. McKissick, Prince, Swackhamer, Swallow, Hafen, Olsen, Wilson, Getto, Glaser and Miss Hawkins
FILE NUMBER 12
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Lieutenant General James A. May.
Whereas, The legislature and the people of the State of Nevada were sorry to hear of the death of Lieutenant General James A. May, retired Nevada adjutant general and Selective Service director, on November 30, 1969, at Travis Air Force Base; and
Whereas, General May was a veteran of World War II who served his country for 43 years until his retirement in 1966; and
Whereas, General May helped to organize the first Nevada National Guard unit in Winnemucca in 1937; and
Whereas, General May was a native Nevadan who was commended by the Reno city council in 1966 for his splendid cooperation in the development of the Reno Municipal Airport and for his support to the city in times of disaster; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the deep sorrow of the members of the 56th session of the legislature of the State of Nevada is expressed to the widow and surviving family of James A. May; and be it further
Resolved, That copies of this resolution be prepared and sent forthwith by the legislative counsel to the widow and surviving family of Lieutenant General James A. May.
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κ1971 Statutes of Nevada, Page 2217κ
Senate Joint Resolution No. 5Senators Swobe, Dodge, Harris, Young, Hug, Wilson and Drakulich
FILE NUMBER 13
SENATE JOINT RESOLUTIONMemorializing the United States Forest Service to withhold approval of requests to increase the permitted amount of sewer effluent discharged into the Cinder Cone area of the Truckee River Basin and to extend the termination date of the use of such area for sewer effluent discharge.
Whereas, The legislature of the State of Nevada fears that sewer effluent which is presently being pumped into the Cinder Cone area of the Truckee River Basin near Tahoe City, California, may be detrimental to the domestic water supply of the 125,000 inhabitants of the Reno-Sparks area and to the fish and wildlife and the recreational facilities and potentials of the Truckee River, Pyramid Lake and Lahontan Valley; and
Whereas, The United States Forest Service has been requested to increase the maximum of 1,250,000 gallons of sewer effluent now permitted by it to be dumped into the Cinder Cone area and that the termination date for dumping such sewer effluent previously set by the United States Forest Service be extended to a later date; and
Whereas, The legislature of the State of Nevada believes that the effluent capacity should not be increased nor the termination date of the use of the Cinder Cone area extended until such time as it can be determined with certainty by the public agencies involved with water quality in the States of Nevada and California and the Federal Government that such actions would not be detrimental to the domestic water supply of the inhabitants of the Reno-Sparks area and the fish, wildlife and recreational facilities and potentials of the Truckee River, Pyramid Lake and Lahontan Valley; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the United States Forest Service is respectfully requested not to grant the requests heretofore made to increase the maximum number of gallons of sewer effluent now authorized and allowed by it to be discharged into the Cinder Cone area of the Truckee River Basin near Tahoe City, California, nor to extend the termination date set for discontinuance of the use of the Cinder Cone as a locale for sewer effluent discharge until such time as the States of Nevada and California and agencies of the Federal Government concerned with water quality are satisfied that such requested actions are not detrimental to the domestic water supply of the inhabitants of the Reno-Sparks area and the fish, wildlife and recreational facilities and potentials of the Truckee River, Pyramid Lake and Lahontan Valley; and be it further
Resolved, That the United States Forest Service, through its appropriate officers, provide the legislature of the State of Nevada with copies of current reports concerning the use of the Cinder Cone area as a dumping ground for sewer effluent originating in the Lake Tahoe Basin; and be it further
Resolved, That copies of this joint resolution be prepared and transmitted forthwith by the legislative counsel to proper officers of the United States Forest Service, both national and regional, and to each member of the Nevada congressional delegation.
κ1971 Statutes of Nevada, Page 2218 (FILE NUMBER 13, SJR 5)κ
States Forest Service, both national and regional, and to each member of the Nevada congressional delegation.
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Senate Resolution No. 4Senators Hecht, Brown, Close, Drakulich, Foley, Fransway, Gibson, Harris, Herr, Hug, Lamb, Manning, Monroe, Pozzi, Swobe, Titlow, Walker, Wilson and Young
FILE NUMBER 14
SENATE RESOLUTIONExtending the condolences of the members of the senate to Senator Carl F. Dodge on the death of his mother.
Whereas, The members of the senate have learned of the death of Mrs. Buena Reed Dodge, mother of our fellow senator, Carl F. Dodge; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the heartfelt condolences and deepest sympathy of the members of this body are hereby extended to Senator Carl F. Dodge and the members of his family for the loss of his dear mother, Buena Reed Dodge.
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Assembly Concurrent Resolution No. 6Messrs. Torvinen, Glaser, Frank Young, Mello, Fry, Howard, Bryan, Ashworth, Branch, Mrs. Brookman, Messrs. Capurro, Dini, Dreyer, Miss Foote, Mrs. Frazzini, Messrs. Getto, Hafen, Miss Hawkins, Messrs. Hilbrecht, Homer, Kean, Lauri, Lingenfelter, Lowman, May, McKissick, Olsen, Poggione, Prince, Ronzone, Schofield, Smalley, Smith, Swackhamer, Swallow, Valentine, Mrs. White, Messrs. Wilson, Roy Young and Jacobsen
FILE NUMBER 15
ASSEMBLY CONCURRENT RESOLUTIONAuthorizing an expenditure from the legislative fund to reimburse Arthur Espinoza for certain expenses incurred by him during the recent contest of election in the assembly.
Whereas, Arthur Espinoza prior to and during the recent contest of election in the assembly incurred certain expenses for which he should be reimbursed; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That there is hereby authorized to be paid to Arthur Espinoza from the legislative fund the sum of $776 to reimburse him for the following expenses incurred by him during the recent contest of election in the assembly: Two round trips by air travel from Las Vegas to Reno, $114; mileage from Reno to Carson City, two round trips at 10 cents per mile, $12; an amount equal to 10 days salary paid to an assemblyman, $400; and an amount equal to 10 days per diem expense allowance paid to an assemblyman, $250.
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κ1971 Statutes of Nevada, Page 2219κ
Assembly Resolution No. 8Mr. Swackhamer
FILE NUMBER 16
ASSEMBLY RESOLUTIONMemorializing the late Assemblyman Frank H. Fuss.
Whereas, On May 29, 1970, the people of the State of Nevada suffered a loss by the death of the beloved and respected former Assemblyman Frank H. Fuss; and
Whereas, Mr. Fuss was a native son of Nevada, being born in the Lovelock Valley area to Henry and Mary Fuss, pioneer farmers; and
Whereas, Mr. Fuss spent a lifetime in the Lovelock area, engaging in merchandising for several years at the Lovelock Mercantile Company, working as assistant cashier at the First National Bank of Nevada from 1936 to 1956, and operating the Frank H. Fuss Insurance Agency until his death; and
Whereas, Mr. Fuss was a charter member and past president of the Fraternal Order of Eagles No. 1557, a member of the Lovelock Lions Club, and a member and director of the Methodist Church; and
Whereas, Mr. Fuss was a devoted public servant, serving on the board of trustees of Pershing County school district and as county commissioner; and
Whereas, He ably represented the people of Pershing County in the assembly in the 1927 and 1929 regular sessions and the 1926 and 1928 special sessions; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That condolences of the members of the 56th session of the legislature of the State of Nevada are hereby extended to the surviving family and relatives of the late Frank H. Fuss; and be it further
Resolved, That when this body adjourns today it does so in memory of former Assemblyman Frank H. Fuss; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the children of the deceased.
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Assembly Resolution No. 10Committee on Legislative Functions
FILE NUMBER 17
ASSEMBLY RESOLUTIONAmending Assembly Standing Rules 21 and 33; reaffirming previous action of the Assembly in its amendment of Assembly Standing Rule 20.
Resolved by the Assembly of the State of Nevada, That Assembly Standing Rules 21 and 33 are hereby amended to read as follows:
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COMMITTEE ON LEGISLATIVE FUNCTIONS
The Committee on Legislative Functions shall recommend by resolution the appointment of all attaches and employees of the Assembly not otherwise provided for by law.
κ1971 Statutes of Nevada, Page 2220 (FILE NUMBER 17, AR 10)κ
otherwise provided for by law. It shall have authority to suspend any such attache or employee for incompetency or dereliction of duty, pending final action by the Assembly. It shall function as the Committee on Rules and as the Committee on Credentials of the Assembly. It shall be composed of no more than [two] three members from each county.
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[LIMITATION UPON INTRODUCTIONS] LIMITATION ON BILL DRAFTING REQUESTS AND INTRODUCTIONS
1. [Except as otherwise provided in subsection 2 of this rule, after the first forty days of a regular legislative session, bills and joint resolutions may be introduced in the Assembly only after consent is given by a two-thirds vote of the members present. Consent to suspend this rule shall be made on roll call vote, which vote shall be entered in the Assembly Journal for that day, and such consent shall apply to no more than one bill or joint resolution.] After the first 40 days of a regular legislative session, bill drafting requests submitted to the legislative counsel for bills and joint resolutions will not be honored by the legislative counsel unless the bill drafting request is approved by:
(a) A two-thirds vote of the members of the Assembly present, or
(b) A standing committee of the Assembly, provided the bill drafting request was approved by a majority of all of the members of such standing committee.
2. After the first 40 days of a regular legislative session, bills and joint resolutions may be introduced by:
(a) Standing committees without consent. [Select committees composed of county delegations shall not be considered as standing committees.]
(b) A member who had requested the drafting of such bill or joint resolution by the legislative counsel prior to the 41st day of the legislative session.
3. Consent to suspend this rule shall be made on rollcall vote, which vote shall be entered in the Assembly Journal for that day, and such consent shall apply to no more than one bill or joint resolution or bill drafting request; and be it further
Resolved, That the action of the Assembly on January 27, 1971, in amending Assembly Standing Rule 20 is hereby reaffirmed and Assembly Standing Rule 20 was so amended to read as follows:
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STANDING COMMITTEES
The standing committees of the Assembly shall be as follows:
1. Ways and means, [nine] eleven members.
2. Judiciary, nine members.
κ1971 Statutes of Nevada, Page 2221 (FILE NUMBER 17, AR 10)κ
3. Taxation, [nine] seven members.
4. Elections, seven members.
5. Education, seven members.
6. Legislative Functions, seven members.
7. Fish and Game, seven members.
8. Agriculture, seven members.
9. Labor and Management, seven members.
10. Transportation, seven members.
11. Commerce, [seven] nine members.
12. [Public Resources, seven members.] Environment and Public Resources, nine members.
13. Health and Welfare, nine members.
14. Government Affairs, nine members.
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Assembly Resolution No. 11Messrs. Prince and Swallow
FILE NUMBER 18
ASSEMBLY RESOLUTIONMemorializing the late Assemblyman William C. Goodman.
Whereas, This body has learned of the death of William C. Goodman, an early Nevada pioneer and former assemblyman; and
Whereas, He arrived in Ely on the first train to steam into the station there; and
Whereas, He was active in the mercantile, mining, ranching, horse-breeding and racing businesses; and
Whereas, Assemblyman Goodman served in the Nevada legislature in the 1913 and 1915 sessions; and
Whereas, He served on the board of trustees of the White Pine County school district, and as Chairman of the Republican White Pine County central committee; and
Whereas, He was a member and past president of the Ely Club of Rotary International, a member and director of the White Pine County Chamber of Commerce and Mines, a member of the Benevolent Protective Order of Elks, Lodge No. 1469, and served on the Nevada racing commission; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the condolences of the assembly of the 56th session of the Nevada legislature are hereby expressed to the surviving family of the late Assemblyman William C. Goodman; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the daughters of the late assemblyman.
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κ1971 Statutes of Nevada, Page 2222κ
Senate Concurrent Resolution No. 4Senator Pozzi
FILE NUMBER 19
SENATE CONCURRENT RESOLUTIONMemorializing the late Superintendent of State Printing John A. (Jack) McCarthy.
Whereas, On July 22, 1969, the people of the State of Nevada suffered a loss by the death of the beloved and respected Superintendent of State Printing, John A. (Jack) McCarthy; and
Whereas, Mr. McCarthy, a third generation Nevadan, was born on May 20, 1888, at Reno; and
Whereas, Mr. McCarthy learned the printing business from his father, Alfred J. McCarthy, the first publisher of the Walker Lake Bulletin in Hawthorne, and joined the Washoe Typographical Union in 1907; and
Whereas, Mr. McCarthy served in the United States Army Infantry during World War I, and was a member of the American Legion, the Rotary Club and the International Typographical Union No. 65; and
Whereas, Mr. McCarthy was a devoted public servant and ably served the people of the State of Nevada as superintendent of state printing from 1942 until his death; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the condolences of the members of the 56th session of the legislature of the State of Nevada are hereby extended to the surviving relatives of the late John A. (Jack) McCarthy; and be it further
Resolved, That when this body adjourns today it does so in memory of the late John A. (Jack) McCarthy; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the surviving nephew and niece of the deceased, James Millar and Mrs. Jack Burns.
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Assembly Concurrent Resolution No. 7Mrs. Brookman, Messrs. Bryan, Fry, Mello, Valentine, Olsen, Schofield, Dreyer, May, Smith, Lowman, Misses Hawkins, Foote, Messrs. Hilbrecht, Dini, Branch, McKissick, Swallow, Hafen, Prince, Kean, Mrs. Frazzini and Mr. Jacobsen
FILE NUMBER 20
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Mervin J. Gallagher, Inspector of Mines.
Whereas, On September 28, 1970, the people of the State of Nevada suffered a great loss by the death of a beloved and dedicated public servant, Inspector of Mines Mervin J. Gallagher; and
Whereas, Mr. Gallagher was born on September 10, 1911, in the historical mining center of Virginia City and was a product of the true historical tradition of the State of Nevada; and
Whereas, Mr. Gallagher served his state government as deputy inspector of mines from 1942 to 1946; and
Whereas, He ably represented the people of Storey County in the assembly in the 1947 and 1949 regular legislative sessions; and
κ1971 Statutes of Nevada, Page 2223 (FILE NUMBER 20, ACR 7)κ
Whereas, This beloved and respected citizen served the people of all of the State of Nevada in the capacity of inspector of mines from 1950 until his untimely demise; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the condolences of the members of this 56th session of the legislature of the State of Nevada are hereby extended to the surviving family and relatives of the late Mervin J. Gallagher; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the children of the deceased, Mrs. Joan Petrini, Mrs. Joyce Hess and Mrs. Mary Bacus.
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Senate Resolution No. 5Senators Brown, Close, Dodge, Drakulich, Foley, Fransway, Gibson, Harris, Hecht, Herr, Hug, Lamb, Manning, Monroe, Pozzi, Swobe, Titlow, Walker, Wilson and Young
FILE NUMBER 21
SENATE RESOLUTIONMemorializing the late Senator John H. Murray.
Whereas, This body has learned with deepest sorrow of the death of John H. Murray, former Eureka County senator and administrator of the states drivers licensing program; and
Whereas, Senator Murray began his legislative career by being elected to the senate in 1947 and served in that body until 1955; and
Whereas, He served in the assembly in 1955 and 1956, filling by appointment, the term of Baptista Tognoni, upon the latters death; and
Whereas, He administered the states drivers licensing program from 1951 to 1954; and
Whereas, He was a member of Eureka Lodge 916, Independent Order of Odd Fellows; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the condolences of the 56th session of the Nevada legislature are hereby expressed to the widow and surviving family of the late Senator John H. Murray; and be it further
Resolved, That when the senate adjourns today, it does so in memory of our respected associate; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the widow and children of the late senator.
________
Assembly Resolution No. 12Miss Hawkins and Mr. Swackhamer
FILE NUMBER 22
ASSEMBLY RESOLUTIONMemorializing the late Assemblyman Lloyd F. Mount.
Whereas, This body has learned with deep sorrow and regret of the death of the former assemblyman from Mineral County, Lloyd F. Mount; and
κ1971 Statutes of Nevada, Page 2224 (FILE NUMBER 22, AR 12)κ
Whereas, He served as assemblyman during the legislative session of 1949; and
Whereas, He served as justice of the peace in Gabbs Township prior to his moving to Hawthorne and his election to the assembly from Mineral County; and
Whereas, He was active in civic and political affairs in Nevada as well as in the transportation and mining industry; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the condolences of the assembly of the 56th session of the Nevada legislature are hereby expressed to the surviving family of the late Assemblyman Lloyd F. Mount; and be it further
Resolved, That when the assembly adjourns today, it does so in memory of our respected associate; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the surviving sons of the late assemblyman.
________
Assembly Resolution No. 13Messrs. Torvinen, Getto and Capurro
FILE NUMBER 23
ASSEMBLY RESOLUTIONMemorializing the late Assemblyman Ernest Brooks.
Whereas, The members of the assembly have learned of the passing of one of its former members, Ernest Brooks; and
Whereas, Mr. Brooks was a native of Reno, coming from one of the early Nevada pioneer families; and
Whereas, Mr. Brooks was for many years a leader in civic and business affairs in Reno, being associated with the dairy business from his graduation from the University of Nevada in 1927 until 1955, and being former president of the Reno Rotary Club, the Reno Chamber of Commerce and acting president of the Nevada State Farm Bureau; and
Whereas, Mr. Brooks was also active in political affairs in the state, serving as Republican State Chairman from 1944 to 1946; and
Whereas, On several occasions, Mr. Brooks was a candidate for public office, and served as a member of the Nevada legislature as an assemblyman in 1939 and 1941; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the condolences of the members of the 56th session of the Nevada legislature are extended to the wife and family of the late Assemblyman Ernest Brooks, and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the widow and surviving sons of Mr. Brooks.
________
κ1971 Statutes of Nevada, Page 2225κ
Assembly Resolution No. 14Committee on Legislative Functions
FILE NUMBER 24
ASSEMBLY RESOLUTIONProviding for the appointment of an assembly attache.
Resolved by the Assembly of the State of Nevada, That William E. Dial is hereby elected as an attache of the assembly of the 56th session of the legislature of the State of Nevada.
________
Senate Resolution No. 6Senators Titlow and Brown
FILE NUMBER 25
SENATE RESOLUTIONMemorializing former state Senator Loyd Wilson.
Whereas, With the death of Loyd Wilson on September 11, 1970, the people of Nevada were deeply grieved; and
Whereas, Mr. Wilson ably served the residents of Mineral County and the State of Nevada as a member of the senate in 1949 and 1951 and was respected for his dedication to public service; and
Whereas, Mr. Wilson served his country in the United States Army during World War I and as a member of the Selective Service Board in Hawthorne from 1942 through 1947; and
Whereas, Mr. Wilson ably served the residents of Mineral County as sheriff and assessor from 1934 through 1946; and
Whereas, Senator Wilson was actively engaged in community service, as past president of the Nevada Peace Officers Association and a member of Kerak Temple, A.A.O.R.M.S., Reno; Hawthorne Lodge No. 36, F. & A.M.; B.P.O.E. No. 597, Reno; and American Legion Post No. 19, Hawthorne; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the members of the 56th session of the legislature of the State of Nevada hereby extend their condolences to the widow and surviving family of the late Senator Loyd Wilson; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the widow of the late respected Senator Loyd Wilson.
________
Senate Concurrent Resolution No. 5Senators Brown, Lamb, Hecht, Foley, Close, Herr, Young and Fransway
FILE NUMBER 26
SENATE CONCURRENT RESOLUTIONMemorializes the late Artemus W. Ham, Sr.
Whereas, On May 25, 1970, the people of the State of Nevada suffered a great loss by the death of the beloved pioneer attorney and Las Vegas civic leader, Artemus W. Ham, Sr.; and
κ1971 Statutes of Nevada, Page 2226 (FILE NUMBER 26, SCR 5)κ
Whereas, Artemus Ham was born on February 14, 1892, in Chicago, Illinois, and moved to Las Vegas, Nevada, in 1916, where he became noted for his extensive knowledge of mining law; and
Whereas, Mr. Ham served as president of the State Bar of Nevada in 1943 and 1944 and was a member of the board of governors of the State Bar of Nevada for 10 years; and
Whereas, Mr. Ham held public office as city attorney of Las Vegas from 1924 to 1928; and
Whereas, Mr. Ham, being a firm believer in higher education of youth, made a large contribution to the University of Nevada, Las Vegas; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the condolences of the members of the 56th session of the legislature of the State of Nevada are extended to the surviving family and relatives of the late Artemus W. Ham, Sr.; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the surviving widow and children of the deceased.
________
Senate Concurrent Resolution No. 6Senators Brown, Foley, Wilson, Young and Pozzi
FILE NUMBER 27
SENATE CONCURRENT RESOLUTIONMemorializing the late assemblyman and former attorney general, William Thomas Mathews.
Whereas, The legislature of the State of Nevada has learned with great sorrow of the passing of William Thomas Mathews, a devoted public servant; and
Whereas, Mr. Mathews was an able lawyer, being admitted to the State Bar of Nevada in 1918 and practicing law in Elko, Nevada; and
Whereas, Mr. Mathews early in his legal career demonstrated his willingness to give himself to public service, serving as Elko County district attorney from 1922 to 1926 and Elko city attorney from 1929 to 1931. In 1928 and again in 1930 he was elected to the Nevada assembly; and
Whereas, In 1931, Mr. Mathews became chief deputy attorney general of the State of Nevada, a post he held until 1950, when he was elected attorney general, an office he held for 4 years; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 56th session of the Nevada legislature express their sincere and deep sorrow to the surviving family of the late Mr. William Thomas Mathews, 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 Mr. Mathews.
________
κ1971 Statutes of Nevada, Page 2227κ
Assembly Concurrent Resolution No. 9Messrs. Getto, Dini, Ashworth, Branch, Mrs. Brookman, Messrs, Bryan, Capurro, Dreyer, Miss Foote, Mrs. Frazzini, Messrs. Fry, Glaser, Hafen, Miss Hawkins, Messrs. Hilbrecht, Homer, Howard, Kean, Lauri, Lingenfelter, Lowman, May, McKissick, Mello, Olsen, Poggione, Prince, Ronzone, Schofield, Smalley, Smith, Swackhamer, Swallow, Torvinen, Valentine, Mrs. White, Messrs. Wilson, Frank Young, Roy Young and Jacobsen
FILE NUMBER 28
ASSEMBLY CONCURRENT RESOLUTIONExtending condolences to Senator Carl F. Dodge on the death of his mother.
Whereas, The members of the assembly have learned with deep regret of the death of Mrs. Buena Reed Dodge, mother of Senator Carl F. Dodge; and
Whereas, Mrs. Dodge was born on April 24, 1892, in Algona, Iowa, and on January 2, 1913, she was married in Mason City, Iowa, to Carl F. Dodge; and
Whereas, The family moved to Fallon, Nevada in 1919, and Mrs. Dodge resided here until 1968; and
Whereas, Mrs. Dodge was a resident of Nevada for more than 50 years, during which time she and her sister-in-law, Bernys M. Dodge, operated Dodge Construction, Inc. for 25 years following the deaths of their husbands, who founded the business; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the condolences and sincere sympathy of the members of the 56th session of the legislature of the State of Nevada are hereby extended to Senator Carl F. Dodge and the members of his family for the loss of his dear mother, Buena Reed Dodge.
________
Assembly Resolution No. 16Messrs. Torvinen, Mello, Howard, Fry, Bryan, Glaser and Frank Young
FILE NUMBER 29
ASSEMBLY RESOLUTIONExpressing gratitude to the board of county commissioners and election officials of Clark County for the courtesies extended to the assembly election contest committee.
Whereas, The special committee of the assembly appointed to investigate a contest of election was required to journey to Las Vegas to make such investigation; and
Whereas, The task to be accomplished by such committee bore little precedent and was fraught with situations requiring delicacy and complete honesty; and
Whereas, The board of county commissioners of Clark County graciously made their chambers available to the committee for the purpose of holding the major part of its deliberations; and
Whereas, Thomas A. Mulroy, Registrar of Voters in Clark County, and his able assistant, Albert E. Buchanan, made themselves available to the committee at all times and exhibited an impartial attitude in meeting every desire of the committee in its quest for the truth; now, therefore, be it
κ1971 Statutes of Nevada, Page 2228 (FILE NUMBER 29, AR 16)κ
every desire of the committee in its quest for the truth; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the gratitude of the assembly be expressed to the board of county commissioners of Clark County, Thomas A. Mulroy and Albert E. Buchanan for the assistance and many courtesies extended to the special committee in helping it to make its findings; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the county clerk of Clark County and to Thomas A. Mulroy and Albert E. Buchanan.
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Assembly Concurrent Resolution No. 12Messrs. Fry, Valentine, Kean, McKissick, Miss Foote, Messrs. Mello, Lingenfelter, Lauri, Mrs. Frazzini, Messrs. Capurro and Torvinen
FILE NUMBER 30
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Assemblyman Frank Bacigalupi, Sr.
Whereas, On January 5, 1970, the people of the State of Nevada suffered a great loss by the death of the beloved and respected former Assemblyman Frank Bacigalupi, Sr.; and
Whereas, Mr. Bacigalupi was born January 10, 1896, at Huffaker, Nevada, attended school in Reno and devoted his life to serving the people of Nevada in many civic enterprises such as the Community Chest, and the American National Red Cross; and
Whereas, He served his nation with distinction in World War I and was wounded in action at Chateau Thierry during the Battle of the Marne; and
Whereas, He was devoted to public and professional service and served as a member of the Nevada industrial commission, president of the Nevada State Federation of Labor, secretary-treasurer of the Reno Central Trades and Labor Council, commander of Reno Post 407, Veterans of Foreign Wars, commander of Reno Chapter No. 1, Disabled American Veterans, department adjutant of the Disabled American Veterans; and
Whereas, Mr. Bacigalupi ably represented the people of Washoe County as an assemblyman in the 1937 and 1949 sessions; and
Whereas, Between stints as an assemblyman he served the state as secretary of the senate; and
Whereas, Throughout his entire life he endeared himself by his words, both spoken and in song, and by his actions, and example to 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 condolences of the members of the 56th session of the Nevada legislature are hereby expressed to the widow, son and grandchildren of the late Assemblyman Frank Bacigalupi, Sr.; and be it further
Resolved, That when the legislature adjourns today, it does so in honor of our beloved associate; and be it further
κ1971 Statutes of Nevada, Page 2229 (FILE NUMBER 30, ACR 12)κ
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to Mr. Bacigalupis widow and surviving son, Frank Bacigalupi, Jr., of Reno.
________
Senate Resolution No. 8Committee on Legislative Functions
FILE NUMBER 31
SENATE RESOLUTIONProviding for the appointment of senate attaches.
Resolved by the Senate of the State of Nevada, That the following-named persons be, and they hereby are, elected as attaches of the senate for the 56th session of the legislature of the State of Nevada: Lucille Rasmussen and Gertrude Hillygus.
________
Assembly Concurrent Resolution No. 5Committee on Elections
FILE NUMBER 32
ASSEMBLY CONCURRENT RESOLUTIONAuthorizing an expenditure from the legislative fund for the purpose of developing alternative redistricting plans for review by the legislature.
Whereas, Reapportionment of the legislature is required by the Nevada constitution; and
Whereas, The process involves the assessment of many and varied districting plans; and
Whereas, These plans if developed by hand for districts within the two most populous counties of Nevada would require a great deal of time to develop and cause significant delay in adjournment of this session of the legislature; and
Whereas, The feasibility of utilizing the computer to assist the legislature in reapportionment problems has been established; and
Whereas, The legislature should immediately develop a local capability to utilize the computer in the data processing division of the department of administration to support legislative redistricting; and
Whereas, For an estimated expenditure of not to exceed $25,000 for census information, programs and documentation, geographic data collection, computer time, external consultants and systems and programming, development of the computer capability to support legislative redistricting can be accomplished; and
Whereas, Work must begin immediately on such development notwithstanding that much of the basic data and programs are currently available because amalgamation and testing of the various pieces is a time-consuming task; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the research division of the legislative counsel bureau is authorized, on behalf of the legislature to expend from the legislative fund a sum not to exceed $25,000 for the purposes of developing a local capability to utilize the computer in the data processing division of the department of administration to assist the legislature in current reapportionment problems; that such authorized expenditures shall be made for obtaining census information, preparing programs and documentation, collecting geographic data, paying for computer time, employing external consultants and developing systems and programming.
κ1971 Statutes of Nevada, Page 2230 (FILE NUMBER 32, ACR 5)κ
sum not to exceed $25,000 for the purposes of developing a local capability to utilize the computer in the data processing division of the department of administration to assist the legislature in current reapportionment problems; that such authorized expenditures shall be made for obtaining census information, preparing programs and documentation, collecting geographic data, paying for computer time, employing external consultants and developing systems and programming.
________
Senate Joint Resolution No. 7 of the 55th SessionCommittee on Judiciary
FILE NUMBER 33
[To be placed on 1972 general election ballot]
SENATE JOINT RESOLUTIONProposing to amend section 2 of article 19 of the constitution of the State of Nevada; relating to initiative petitions; and advancing the deadline for filing initiative petitions concerning the constitution.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 2 of article 19 of the constitution of the State of Nevada be amended to read as follows:
Sec. 2. 1. Notwithstanding the provisions of section 1 of article 4 of this constitution, the people reserve to themselves the power to propose, by initiative petition, statutes and amendments to statutes and amendments to this constitution, and to enact or reject them at the polls.
2. An initiative petition shall be in the form required by section 3 of this article and shall be proposed by a number of registered voters equal to 10 percent or more of the number of voters who voted at the last preceding general election in not less than 75 percent of the counties in the state, but the total number of registered voters signing the initiative petition shall be equal to 10 percent or more of the voters who voted in the entire state at the last preceding general election.
3. If the initiative petition proposes a statute or an amendment to a statute, it shall be filed with the secretary of state not less than 30 days prior to any regular session of the legislature. The secretary of state shall transmit such petition to the legislature as soon as the legislature convenes and organizes. The petition shall take precedence over all other measures except appropriation bills, and the statute or amendment to a statute proposed thereby shall be enacted or rejected by the legislature without change or amendment within 40 days. If the proposed statute or amendment to a statute is enacted by the legislature and approved by the governor in the same manner as other statutes are enacted, such statute or amendment to a statute shall become law, but shall be subject to referendum petition as provided in section 1 of this article. If the statute or amendment to a statute is rejected by the legislature, or if no action is taken thereon within 40 days, the secretary of state shall submit the question of approval or disapproval of such statute or amendment to a statute to a vote of the voters at the next succeeding general election. If a majority of the voters voting on such question at such election votes approval of such statute or amendment to a statute, it shall become law and take effect upon completion of the canvass of votes by the supreme court.
κ1971 Statutes of Nevada, Page 2231 (FILE NUMBER 33, SJR 7 of the 55th Session)κ
such statute or amendment to a statute, it shall become law and take effect upon completion of the canvass of votes by the supreme court. An initiative measure so approved by the voters shall not be amended, annulled, repealed, set aside or suspended by the legislature within 3 years from the date it takes effect. If a majority of such voters votes disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. If the legislature reject such proposed statute or amendment, the governor may recommend to the legislature and the legislature may propose a different measure on the same subject, in which event, after such different measure has been approved by the governor, the question of approval or disapproval of each measure shall be submitted by the secretary of state to a vote of the voters at the next succeeding general election. If the conflicting provisions submitted to the voters are both approved by a majority of the voters voting on such measures, the measure which receives the largest number of affirmative votes shall thereupon become law.
4. If the initiative petition proposes an amendment to the constitution, it shall be filed with the secretary of state not less than [60] 90 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire state. The secretary of state shall cause to be published in a newspaper of general circulation, on three separate occasions, in each county in the state, together with any explanatory matter which shall be placed upon the ballot, the entire text of the proposed amendment. If a majority of the voters voting on such question at such election votes disapproval of such amendment, no further action shall be taken on the petition. If a majority of such voters votes approval of such amendment, the secretary of state shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted. If a majority of such voters votes disapproval of such amendment, no further action shall be taken on such petition. If a majority of such voters votes approval of such amendment, it shall become a part of this constitution upon completion of the canvass of votes by the supreme court.
________
Assembly Resolution No. 17Committee on Legislative Functions
FILE NUMBER 34
ASSEMBLY RESOLUTIONExtending condolences to Assemblyman P. Daniel Poggione in the passing of his father.
Whereas, The members of the Assembly learned with sorrow of the passing of Albert Poggione, father of Assemblyman P. Daniel Poggione; and
Whereas, Mr. Poggione was born in Calumet, Michigan, March 5, 1908, and resided the last 2 years of his life in Salemtown, Oregon, since retiring from the Los Angeles County engineers office; now, therefore, be it
κ1971 Statutes of Nevada, Page 2232 (FILE NUMBER 34, AR 17)κ
Resolved by the Assembly of the State of Nevada, That sincere condolences are extended to Assemblyman P. Daniel Poggione and his family in the loss of his father, Albert Poggione.
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Assembly Concurrent Resolution No. 17Washoe-Storey Districts Delegation
FILE NUMBER 35
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late C. V. Isbell.
Whereas, On September 24, 1969, the people of the State of Nevada lost one of Nevadas most ardent boosters through the death of C. V. Isbell; and
Whereas, Mr. Isbell was a leader in the construction industry and the mining industry of this state until his retirement in 1960; and
Whereas, Mr. Isbell was a respected citizen, served as a member of the state planning board and was appointed to the first state contractors board, on which he served 24 years; and
Whereas, Among numerous awards presented to Mr. Isbell were the prestigious selection to the Consulting Contractors Council of America and an honorary degree of Doctor of Science conferred by the University of Nevada; and
Whereas, During Mr. Isbells 42 years in the State of Nevada, he affiliated with numerous organizations, including the Nevada Chapter of Associated General Contractors, Nevada Mining Association, the first Lake Tahoe Area Council, American Institute of Mining and Metallurgical Engineers, National Association of Manufacturers, Knights Templar and Kerak Shrine Temple; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 56th session of the legislature of the State of Nevada express their sorrow to the family of C. V. Isbell and offer their deepest sympathies; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the surviving son, John W. Isbell, and daughters, Mrs. Del Riley and Myrtle Clement Isbell.
________
Senate Joint Resolution No. 22 of the 55th SessionSenator Manning
FILE NUMBER 36
[To be placed on 1972 general election ballot]
SENATE JOINT RESOLUTIONProposing to amend section 32 of article 4 of the constitution of the State of Nevada, relating to county officers, by abolishing the provision for certain county officers.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 32 of article 4 of the constitution of the State of Nevada be amended to read as follows:
κ1971 Statutes of Nevada, Page 2233 (FILE NUMBER 36, SJR 22 of the 55th Session)κ
[Section thirty-two.] Sec. 32. The Legislature shall have power to increase, diminish, consolidate or abolish the following county officers: County Clerks, County Recorders, Auditors, Sheriffs, District Attorneys [, County Surveyors,] and Public Administrators. [and Superintendents of Schools.] The Legislature shall provide for their election by the people, and fix by law their duties and compensation. County Clerks shall be ex-officio Clerks of the Courts of Record and of the Boards of County Commissioners in and for their respective counties.
________
Assembly Concurrent Resolution No. 18Mr. Wilson, Mrs. White, Messrs. Poggione, Homer, Swallow, Smalley, Prince, Valentine, Glaser, Ashworth, Branch, Mrs. Brookman, Messrs. Bryan, Capurro, Dini, Dreyer, Miss Foote, Mrs. Frazzini, Messrs. Fry, Getto, Hafen, Miss Hawkins, Messrs. Hilbrecht, Howard, Kean, Lauri, Lingenfelter, Lowman, May, McKissick, Mello, Olsen, Ronzone, Schofield, Smith, Swackhamer, Torvinen, Frank Young, Roy Young and Jacobsen
FILE NUMBER 37
ASSEMBLY CONCURRENT RESOLUTIONCommemorating National Negro History Week.
Whereas, The week of February 7-14, 1971, has been designated for the 45th celebration of National Negro History Week; and
Whereas, The annual celebration of Negro History Week has called attention to the contribution of Negro people to the advancement of the world; and
Whereas, Negro History Week has fostered a better understanding between people by interpreting the history of one to the other; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature joins with all people of the State of Nevada in the commemoration of Negro History Week and the recognition of the accomplishments of the Negro people in the development of our society.
________
Assembly Resolution No. 18Messrs. Lowman, Ashworth, Branch, Mrs. Brookman, Messrs. Bryan, Capurro, Dini, Dreyer, Miss Foote, Mrs. Frazzini, Messrs. Fry, Getto, Glaser, Hafen, Miss Hawkins, Messrs. Hilbrecht, Homer, Howard, Kean, Lauri, Lingenfelter, May, McKissick, Mello, Olsen, Poggione, Prince, Ronzone, Schofield, Smalley, Smith, Swackhamer, Swallow, Torvinen, Valentine, Mrs. While, Messrs. Wilson, Frank Young, Roy Young and Jacobsen
FILE NUMBER 38
ASSEMBLY RESOLUTIONDesignating Nevada Boy Scout Day to be February 12, 1971.
Whereas, The Boy Scouts of America have designated the month of February for their 1971 Anniversary Celebration, having been incorporated in America on February 8, 1910; and
κ1971 Statutes of Nevada, Page 2234 (FILE NUMBER 38, AR 18)κ
Whereas, The Boy Scouts of America have always inculcated in the minds of Americas youth those high ideals and principles of citizenship and integrity that have made our nation and its people great; and
Whereas, The Boy Scouts of America have undertaken the Project SOAR to make scouting more relevant to the needs and interests of todays youth as well to meet the nations need to protect its natural resources; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That February 12, 1971, be declared to be Nevada Boy Scout Day; and be it further
Resolved, That the members of the assembly of the 56th session of the legislature hereby extend their gratitude to the boys who are members of the Boy Scouts of America and to their adult leaders for their service to the State of Nevada and to America in deed and example; 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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Assembly Resolution No. 19Committee on Legislative Functions
FILE NUMBER 39
ASSEMBLY RESOLUTIONCommemorating the birthday of Abraham Lincoln.
Whereas, Today is the birthday of Abraham Lincoln, the 16th President of the United States; and
Whereas, President Lincoln has become an institution and a success story of a self-educated railsplitter who became President, a prairie lawyer who gained world fame; and
Whereas, Abraham Lincoln endured great personal criticism and pressures, yet never lost faith in the goals of freedom and equality of all men and preservation of the Union; and
Whereas, He was the President who motivated the admission of the State of Nevada into the Union; and
Whereas, Reverence is universally accorded to his memory for his greatness of mind, his character and his restraint in wielding the great powers which were his during the severe trial through which this nation passed during his administration; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That when this body adjourns today it does so in honor of the birthday of Abraham Lincoln, remembering always That this is one nation, under God, with liberty and justice for all, because of the faith of this man.
________
κ1971 Statutes of Nevada, Page 2235κ
Assembly Concurrent Resolution No. 19Washoe-Storey Districts Delegation
FILE NUMBER 40
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late William J. Forman.
Whereas, The legislature of the State of Nevada has learned with the deepest sorrow and regret of the death of William J. Forman, prominent Reno attorney; and
Whereas, Mr. Forman was born in Versailles, Missouri, on December 15, 1899, and spent the greatest portion of his youth in Tonopah, Nevada; and
Whereas, At the inception of World War I, Mr. Forman assembled data for the Federal Government which was instrumental in the establishment of the magnesium plant in Henderson, Nevada; and
Whereas, William J. Forman was a past president of the State Bar of Nevada and served the people of the State of Nevada as deputy attorney general from 1925 to 1931; and
Whereas, During his practice of law in Nevada from 1923 until his death Mr. Forman became recognized as an authority on litigation concerning mining and water rights; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the condolences of the members of the 56th session of the legislature of the State of Nevada are extended to the family and surviving relatives of William J. Forman; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to the widow and son of the late William J. Forman.
________
Senate Resolution No. 9Senators Brown, Close, Dodge, Drakulich, Foley, Fransway, Gibson, Harris, Hecht, Herr, Hug, Lamb, Manning, Monroe, Pozzi, Swobe, Titlow, Walker, Wilson and Young
FILE NUMBER 41
SENATE RESOLUTIONWelcoming the Boy Scouts of America to the legislative chambers.
Whereas, The month of February has been designated by the Boy Scouts of America for their 1971 Anniversary Celebration; and
Whereas, On this day, February 12, 1971, representative Boy Scouts are visiting the offices of all branches of government of the State of Nevada; and
Whereas, The Boy Scouts of America have long imbued the youth of America with characteristics of leadership that have appeared in the lives of great men of government and industry; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the members of the senate of the 56th session of the legislature hereby welcome the Boy Scouts of America to the legislative chambers; and, be it further
Resolved, That the Boy Scouts of American be heartily commended for their interest in government and those ideals which bind both government and governed together; and, be it further
κ1971 Statutes of Nevada, Page 2236 (FILE NUMBER 41, SR 9)κ
for their interest in government and those ideals which bind both government and governed together; 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.
________
Senate Resolution No. 10Senators Foley, Brown, Close, Dodge, Drakulich, Fransway, Gibson, Harris, Hecht, Herr, Hug, Lamb, Manning, Monroe, Pozzi, Swobe, Titlow, Walker, Wilson and Young
FILE NUMBER 42
SENATE RESOLUTIONCommemorating the birthday of Abraham Lincoln.
Whereas, Today is the birthday of Abraham Lincoln, the 16th President of the United States; and
Whereas, Lincoln was a man who suffered much hardship, deprivation, discouragement and personal criticism during his life, and through it all never lowered his high standard of personal integrity; and
Whereas, Lincoln carried the torch of liberty when this young country was torn asunder by civil war; and
Whereas, Lincoln holds a special place in the history of this state because Nevada acquired statehood during his term of Presidency; and
Whereas, The great works of his life are now landmarks of mans journey from oppression to freedom and from darkness to light, and now stand as beacons to men of all nations who follow the road of freedom and equality for man; now, therefore, be it
Resolved by the Senate of the State of Nevada, That when this body adjourns today it does so in honor of the birthday of Abraham Lincoln.
________
Senate Concurrent Resolution No. 10Senators Foley and Brown
FILE NUMBER 43
SENATE CONCURRENT RESOLUTIONCongratulating General Frank T. Mildren on becoming a four-star general.
Whereas, General Frank T. Mildren, a native of Las Vegas, Nevada, has become a four-star general and will assume command of Allied Land Forces, Southeastern Europe; and
Whereas, General Mildrens advance to this high rank in the United States Army is the result of his outstanding service as a combat soldier; and
Whereas, General Mildren is a 1939 graduate of the United States Military Academy, and served with the 2nd Division in Europe in World War II, the Far East Command X Corps and the 38th Infantry Regiment in Korea, and Headquarters, U.S.
κ1971 Statutes of Nevada, Page 2237 (FILE NUMBER 43, SCR 10)κ
in Korea, and Headquarters, U.S. Army in Vietnam as Deputy Commanding General; and
Whereas, General Mildrens decorations include the Distinguished Service Medal with oak leaf cluster, the Silver Star with four oak leaf clusters, the Bronze Star with two oak leaf clusters, the Air Medal, the Purple Heart, the Legion of Merit with oak leaf cluster and the Army Commendation Medal; and
Whereas, The outstanding service of General Frank T. Mildren is something all Nevadans can be proud of; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 56th session of the legislature extend their heartiest congratulations to General Frank T. Mildren on his becoming a four-star general and the first of such rank from the State of Nevada; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to General Frank T. Mildren.
________
Senate Joint Resolution No. 13Senators Brown and Gibson
FILE NUMBER 44
SENATE JOINT RESOLUTIONMemorializing the late United States Atomic Energy Commissioner, Dr. Theos J. Thompson.
Whereas, United States Atomic Energy Commissioner, Dr. Theos J. Thompson, a distinguished public servant, was killed in a tragic air accident over Lake Mead on November 25, 1970; and
Whereas, Dr. Thompson was in Nevada to address the legislators of the 13 western states, assembled in the Western Conference of the Council of State Governments; and
Whereas, Dr. Thompson had just delivered a noteworthy address to the conference regarding the requirements for, and the safety practices followed by, the Atomic Energy Commission at the Nevada Test Site; and
Whereas, Dr. Thompson had demonstrated through this address and other actions his awareness of the importance of understanding nuclear affairs by state officials and of his dedication to furthering this understanding; and
Whereas, The Western Interstate Nuclear Board representing 11 of the western states facilitated the arrangements for and welcomed the visit by so eminent an atomic energy authority; and
Whereas, The people of the State of Nevada share with the nation the deep sense of loss occasioned by the death of Dr. Thompson; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the 56th session of the Nevada legislature expresses its sense of loss and its sympathy to the family of Dr. Thompson and to his fellow commissioners of the United States Atomic Energy Commission; and be it further
κ1971 Statutes of Nevada, Page 2238 (FILE NUMBER 44, SJR 13)κ
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the family of Dr. Thompson and to the Commissioners of the Atomic Energy Commission.
________
Senate Resolution No. 11Senators Foley, Brown, Close, Dodge, Drakulich, Fransway, Gibson, Harris, Hecht, Herr, Hug, Lamb, Manning, Monroe, Pozzi, Swobe, Titlow, Walker, Wilson and Young
FILE NUMBER 45
SENATE RESOLUTIONHonoring George Washington on his birthday.
Whereas, The 239th anniversary of the birthday of the first President of the United States will be celebrated this year on Monday, February 15; and
Whereas, George Washington harnessed the revolutionary fervor of 13 divided colonies and led them to a military victory as well as to a strong, democratic form of government; and
Whereas, His respect for the dignity of man, his high standard of integrity and his humility enabled him to bring together men of all political persuasions to build a new nation; and
Whereas, His ability, loyalty and determination made possible the sagacious charting of the early course of this nation; and
Whereas, His calm reflection and many other attributes are worthy of emulation, especially today; now, therefore, be it
Resolved by the Senate of the State of Nevada, That when this body adjourns today it does so in honor of the 239th anniversary of the birth of George Washington.
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Assembly Resolution No. 20Committee on Legislative Functions
FILE NUMBER 46
ASSEMBLY RESOLUTIONMemorializing George Washington on the 239th anniversary of his birth.
Whereas, On this day, the 3d Monday of February 1971, our Nation commemorates the birth of George Washington, father of his country and first President of the United States; and
Whereas, The victorious revolution of the colonies into a nation was, though aided by the errors of their adversaries, largely the result of the conduct and character of George Washington; and
Whereas, The desire that his country prove worthy of the liberty it had gained, that it should take high rank among the nations of the world, was coupled with his knowledge that this was only to be gained and held by a strong union and by honorable conduct; and
κ1971 Statutes of Nevada, Page 2239 (FILE NUMBER 46, AR 20)κ
Whereas, His insights in this regard may well be an example to us all; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That when this body adjourns today it does so in honor of George Washington, whose name will spread with liberty from age to age.
________
Assembly Resolution No. 21Committee on Legislative Functions
FILE NUMBER 47
ASSEMBLY RESOLUTIONProviding for the appointment of an assembly attache.
Resolved by the Assembly of the State of Nevada, That Geraldine Smith is hereby elected as an attache of the assembly of the 56th session of the legislature of the State of Nevada.
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Assembly Concurrent Resolution No. 23Committee on Legislative Functions
FILE NUMBER 48
ASSEMBLY CONCURRENT RESOLUTIONExpressing sympathy to the victims of the Los Angeles earthquake.
Whereas, The people of the State of Nevada were deeply concerned about the people of our neighboring State of California upon learning of the magnitude of destruction caused by an earthquake on Tuesday, February 10, 1971; and
Whereas, A tragedy such as this brings forth from all people a concern for the victims and a desire to help in whatever way possible; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature and people of the State of Nevada extend to the people of Los Angeles, California, our profound sympathy for the terrible loss of life, with the accompanying loss of property; and be it further
Resolved, That the State of Nevada offers to the people of its sister State of California whatever facilities it may have available for the relief of the victims of this earthquake; and be it further
Resolved, That the legislative counsel is hereby directed to prepare copies of this resolution and deliver them forthwith to the mayor and city council of the City of Los Angeles, California.
________
κ1971 Statutes of Nevada, Page 2240κ
Assembly Joint Resolution No. 45 of the 55th SessionCommittee on Elections
FILE NUMBER 49
[To be placed on 1972 general election ballot]
ASSEMBLY JOINT RESOLUTIONProposing to repeal section 3 and amend section 2 of article 2 of the constitution of the State of Nevada, relating to voting rights, by broadening the voting rights of persons in the service of the United States.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 3 of article 2 of the constitution of the State of Nevada be repealed and that section 2 of article 2 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 2. For the purpose of voting, no person shall be deemed to have gained or lost a residence solely by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of the United States or of the high seas; nor while a student of any [Seminary] institution of learning; [Nor] nor while kept at any [Alms-house or other asylum] charitable institution or medical facility at public expense; [Nor] nor while confined in any public prison.
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Assembly Joint Resolution No. 8Messrs. May, Smith, Ashworth, Lingenfelter, Branch, Schofield and Smalley
FILE NUMBER 50
ASSEMBLY JOINT RESOLUTIONMemorializing the Congress of the United States to establish a national cemetery in southern Nevada.
Whereas, An increasing number of military personnel are spending their retirement years in southern Nevada; and
Whereas, The inaccessibility of existing national cemeteries makes it impossible for the families of western veterans to provide for the interment of their loved ones in a cemetery fitting as a remembrance to the career pursued; and
Whereas, Southern Nevada is an ideal location for the establishment of a national cemetery; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature of the State of Nevada hereby respectfully memorializes the Congress of the United States to establish a national cemetery in southern 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, the Speaker of the House of Representatives and each member of the Nevada congressional delegation.
________
κ1971 Statutes of Nevada, Page 2241κ
Assembly Joint Resolution No. 7Messrs. May, Smith, Branch, Schofield, Hilbrecht and Mrs. Brookman
FILE NUMBER 51
ASSEMBLY JOINT RESOLUTIONMemorializing the President of the United States and the Administrator of Veterans Affairs to establish a veterans hospital in southern Nevada.
Whereas, The number of military personnel who are retiring in southern Nevada is substantially increasing; and
Whereas, The number of other persons who are entitled to the medical and dental benefits offered by federal hospitals and by hospitals established by the Veterans Administration is likewise increasing; and
Whereas, The increase in the cost of medical care and the crowded condition of private and public hospitals in southern Nevada create an unconscionable burden upon those men and women who have served their country; and
Whereas, There are no Veterans Administration hospitals readily accessible to these deserving persons; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the Administrator of Veterans Affairs is hereby respectfully memorialized to submit a plan for the establishment of a Veterans Administration hospital in southern Nevada to the President of the United States; and be it further
Resolved, That the legislature of the State of Nevada respectfully requests the President of the United States to approve such a plan for the establishment of such a hospital; 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 Administrator of Veterans Affairs and each member of the Nevada congressional delegation.
________
Assembly Joint Resolution No. 21Messrs. Mello, Valentine and Miss Foote
FILE NUMBER 52
ASSEMBLY JOINT RESOLUTIONMemorializing the President, the Congress, the United States Department of the Interior and the Bureau of the Budget to accelerate the funding, designing and construction of the Marble Bluff Dam and Fishway.
Whereas, That magnificent desert lake, described by Lt. John C. Fremont in 1844 as a sheet of green breaking upon our eyes like the ocean which was set like a gem in the mountains and which he named Pyramid Lake, is faced with numerous crises; and
Whereas, The Secretary of the Interior and the governors of Nevada and California, recognizing the urgency of the situation, appointed many distinguished and knowledgeable citizens to investigate and recommend ways and means to use the waters of the Tahoe, Truckee and Carson basins in such a way as to provide sufficient water to preserve Pyramid Lake and to satisfy the beneficial needs of others; and
κ1971 Statutes of Nevada, Page 2242 (FILE NUMBER 52, AJR 21)κ
basins in such a way as to provide sufficient water to preserve Pyramid Lake and to satisfy the beneficial needs of others; and
Whereas, Those citizens have prepared and published a scholarly and thorough report on several solutions for Pyramid Lake problems; and
Whereas, Their recommendation to complete the Marble Bluff Dam and Fishway as expeditiously as possible is a realistic and attainable goal and deserving of immediate attention; and
Whereas, The construction of the dam would substantially reduce the erosion of lands within the Pyramid Indian Reservation, a reservation which these United States have neglected too much for too long; and
Whereas, The construction of the fishway would again permit the renowned cui-ui and other piscine species, which are now unable to swim through the mudflats of the Truckee River, to reach their spawning grounds; and
Whereas, The resulting benefits would immeasurably improve the lot of the Pyramid Lake Indians, who are still waiting for the white man to repay, in some small measure, the hospitality they visited upon those white men who first visited their shores; and
Whereas, The United States Bureau of Reclamation of the United States Department of the Interior is deserving of commendation for its work with respect to the Marble Bluff Dam and Fishway, it needs the appropriations it requested here and now in order to insure the earliest possible completion of this project; now, therefore, be it
Resolved by the Assembly and the Senate of the State of Nevada, jointly, That the legislature of the State of Nevada memorializes the President of the United States, the Congress of the United States, the United States Department of the Interior, the Bureau of the Budget and the United States Bureau of Reclamation to accelerate the funding, designing and construction of the Marble Bluff Dam and Fishway; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the President and Vice President of the United States, to the Speaker of the House of Representatives, to all members of the Nevada congressional delegation, to the chairman of all committees in the Congress which deal with the subject of this resolution, to the Secretary of the United States Department of the Interior and to the Director of the Bureau of the Budget.
________
Assembly Joint Resolution No. 19Messrs. Homer, Jacobsen, Dini and Dreyer
FILE NUMBER 53
ASSEMBLY JOINT RESOLUTIONRequesting the sale of certain locomotives and cars of the Virginia & Truckee Railroad to the State of Nevada.
Whereas, The Virginia & Truckee Railroad has played a vital part in the growth and preservation of our Union; and
Whereas, The V & T operated exclusively within the confines of Western Nevada during its long and illustrious career; and
Whereas, Now that the V & T no longer operates, the people of the State of Nevada should have whatever remains of the rolling stock of such line to preserve the heritage of Nevada and America in museums where future generations can view the relics of the past; and
κ1971 Statutes of Nevada, Page 2243 (FILE NUMBER 53, AJR 19)κ
State of Nevada should have whatever remains of the rolling stock of such line to preserve the heritage of Nevada and America in museums where future generations can view the relics of the past; and
Whereas, A large collection of locomotives and cars is owned by the Hurlbut Amusement Company and Paramount Pictures and is presently on display at Promontory Point, Utah, under the auspices of the National Park Service; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature of the State of Nevada hereby requests the Hurlbut Amusement Company and Paramount Pictures give priority consideration to the State of Nevada in its desire to reacquire the collection of locomotives and cars of the old Virginia & Truckee Railroad to the State of Nevada; and be it further
Resolved, That the National Park Service is hereby requested to assist in turning over to the State of Nevada such collection; and, be it further
Resolved, That the legislative counsel is directed to prepare copies of this resolution and to deliver them forthwith to the Nevada congressional delegation, the National Park Service and to Hurlbut Amusement Company and Paramount Pictures.
________
Assembly Resolution No. 23Messrs. Swackhamer, Ashworth, Branch, Bryan, Capurro, Dini, Dreyer, Miss Foote, Mrs. Frazzini, Messrs. Fry, Getto, Glaser, Hafen, Miss Hawkins, Messrs. Hilbrecht, Homer, Howard, Kean, Lauri, Lingenfelter, Lowman, May, McKissick, Mello, Olsen, Poggione, Prince, Ronzone, Schofield, Smalley, Smith, Swallow, Torvinen, Mrs. White, Messrs. Wilson, Frank Young, Roy Young and Jacobsen
FILE NUMBER 54
ASSEMBLY RESOLUTIONDirecting the buildings and grounds division of the department of administration to place Abraham Lincolns portrait in the assembly chamber.
Whereas, These are trying times that sorely test the faith and courage of all who strive within these walls; and
Whereas, The problems and difficulties that beset mankind on this small planet seem endless and all our heritage and traditions are questioned unceasingly; and
Whereas, These decisive times in which we live are reminiscent of those black days of 1864 when the battle born state received Abraham Lincolns proclamation that this great state was admitted into the Union on an equal footing with the original states; and
Whereas, In facing the future, we must not forget the inspiration of the past, particularly of the great emancipator, whose faith, courage, integrity and wisdom stand as a beacon and guide for all who are engaged in the political process of a democracy; and
Whereas, His portrait has been ever present to remind this assembly of its duties and obligations to follow his precepts and example for as long as the minds of men can remember; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the buildings and grounds division of the department of administration is directed to place forthwith the portrait of Abraham Lincoln, which now hangs in the Capitol, in an appropriate place in the assembly chamber in the Legislative Building.
κ1971 Statutes of Nevada, Page 2244 (FILE NUMBER 54, AR 23)κ
place forthwith the portrait of Abraham Lincoln, which now hangs in the Capitol, in an appropriate place in the assembly chamber in the Legislative Building.
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Senate Joint Resolution No. 10Senators Swobe, Brown, Close, Dodge, Drakulich, Foley, Fransway, Gibson, Harris, Hecht, Herr, Hug, Lamb, Monroe, Pozzi, Titlow, Walker, Wilson and Young
FILE NUMBER 55
SENATE JOINT RESOLUTIONMemorializing the Congress of the United States to allow a credit against the federal tax for slot machine taxes imposed by the states, for educational support.
Whereas, The State of Nevada, the fastest growing state in the nation, finds it increasingly difficult to meet its obligations to its citizens, especially in the field of education, because of an increasingly tight fiscal condition; and
Whereas, Nevadas ability to meet its needs is lessened materially because 87 percent of its land mass is federally owned, thus leaving the state a firm tax base of only 13 percent for real property levies; and
Whereas, The State of Nevada has found that through legalizing and strictly controlling casino-type gaming, a much-needed source of state revenue has been made available, which is unique to the State of Nevada; and
Whereas, The states ability to provide adequate educational facilities is now seriously hampered by lack of funds and a low bonding ceiling, with no apparent way to turn for relief; and
Whereas, The federal tax on slot machines in a state where such machines are legally taxed, regulated and rigidly controlled, may well be termed double taxation; and
Whereas, The Nevada legislature in 1967 enacted a statute imposing a tax equal to a credit allowed against the federal tax on slot machines, which statute is to become effective when the Congress passes legislation permitting a credit against the federal tax for slot machine taxes imposed by the states; and
Whereas, None of the tax credit allowed by the Congress will inure to the benefit of the licensed gaming establishments in Nevada, but will instead be set aside for the support of education (see NRS 463.385); and
Whereas, Other federal support for the schools in this state under Public Law 874 of the 81st Congress has been reduced; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That this legislature on behalf of the people of the State of Nevada respectfully memorializes the Congress of the United States to enact legislation providing a credit of 80 percent against the tax imposed by 26 U.S.C. § 4461 upon slot machines for the amount of any tax paid upon such machines to a state, for educational support; and be it further
Resolved, That this legislature urgently requests each member of the Nevada congressional delegation to work for the enactment of such legislation; and be it further
κ1971 Statutes of Nevada, Page 2245 (FILE NUMBER 55, SJR 10)κ
Resolved, That copies of this resolution be forwarded by the legislative counsel to the Speaker of the House of Representatives, the President of the Senate and to each member of the Nevada congressional delegation.
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Assembly Concurrent Resolution No. 30Mr. Jacobsen
FILE NUMBER 56
ASSEMBLY CONCURRENT RESOLUTIONProviding for the appointment of a joint committee to investigate the proposed rates to be charged by members of the medical profession for treatment of Nevada industrial commission patients; instructing the joint committee with respect to other facets of the investigation; and providing other related matters.
Resolved by the Assembly of the State of Nevada, the Senate concurring, That immediately after the adoption of this resolution by the assembly and the senate:
1. The speaker of the assembly shall appoint a committee consisting of three members of the assembly, which, together with the committee of the senate provided for in paragraph 2, shall constitute a joint committee to conduct the investigation specified in paragraph 3.
2. The president of the senate shall appoint a committee consisting of three members of the senate, which, together with the committee of the assembly provided for in paragraph 1, shall constitute a joint committee to conduct the investigation specified in paragraph 3.
3. The joint committee is instructed as follows:
(a) The joint committee shall immediately investigate the proposed rates to be charged by members of the medical profession for treatment of patients receiving benefits under the provisions of the Nevada Industrial Insurance Act (chapter 616 of NRS);
(b) The joint committee shall determine whether or not such proposed rates (or prospective payments based upon such proposed rates) would constitute a breach of trust concerning the trust funds declared as such by the provisions of section 2 of article 9 of the constitution of the State of Nevada; and
(c) The joint committee shall determine whether or not such proposed expenditures would be in excess of what the Nevada industrial commission is authorized to expend from such trust funds; and be it further
Resolved, That the joint committee is further instructed as follows:
1. The joint committee shall select its own chairman.
2. A quorum of the joint committee shall be a majority of its combined membership and when a quorum is present a majority of that quorum shall be capable of transacting business.
3. After completion of the assigned duties, the joint committee shall report. The report of the joint committee shall be made to each house by the members of the house represented on the joint committee.
________
κ1971 Statutes of Nevada, Page 2246κ
Senate Joint Resolution No. 23 of the 55th SessionCommittee on Judiciary
FILE NUMBER 57
[To be placed on 1972 general election ballot]
SENATE JOINT RESOLUTIONProposing to change the states constitution to create a simplified and unified court system, by amending article 6 of the constitution in its entirety, amending section 2 of article 7, sections 8 and 12 of article 15 and section 22 of article 17 of the constitution, and repealing sections 15, 16 and 17 of article 17 of the constitution.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That sections 15, 16 and 17 of article 17 of the constitution of the State of Nevada be repealed, and that article 6 in its entirety and section 2 of article 7, sections 8 and 12 of article 15 and section 22 of article 17 of the constitution of the State of Nevada be amended to read, respectively, as follows:
[ARTICLE. 6.
Judicial Department.
Section. 1. The Judicial power of this State shall be vested in a Supreme Court, District Courts, and in Justices of the Peace. The Legislature may also establish Courts for municipal purposes only in incorporated cities and towns.
Sec: 2. The Supreme Court shall consist of a Chief Justice and two Associate Justices, a majority of whom shall constitute a quorum; Provided, that the Legislature by a majority of all the members elected to each branch thereof may provide for the election of two additional Associate Justices, and if so increased three shall constitute a quorum. The concurrence of a Majority of the whole Court shall be necessary to render a decision.
Sec: 3. The Justices of the Supreme Court, shall be elected by the qualified electors of the State at the general election, and shall hold office for the term of Six Years from and including the first Monday of January next succeeding their election; Provided, that there shall be elected, at the first election under this Constitution, Three Justices of the Supreme Court who shall hold Office from and including the first Monday of December AD. Eighteen hundred and Sixty four, and continue in Office thereafter, Two, Four and Six Years respectively, from and including the first Monday of January next succeeding their election. They shall meet as soon as practicable after their election and qualification, and at their first meeting shall determine by lot the term of Office each shall fill, and the Justice drawing the shortest term shall be Chief Justice, and after the expiration of his term, the one having the next shortest term shall be Chief Justice, after which the Senior Justice in Commission shall be Chief Justice; and in case the commission of any two or more of said Justices shall bear the same date, they shall determine by lot, who shall be Chief Justice.
Section 4. The supreme court shall have appellate jurisdiction in all cases in equity; also in all cases at law in which is involved the title, or the right of possession to, or the possession of, real estate or mining claims, or the legality of any tax, impost, assessment, toll or municipal fine, or in which the demand (exclusive of interest) or the value of the property in controversy, exceeds three hundred dollars; also in all other civil cases not included in the general subdivisions of law and equity, and also on questions of law alone in all criminal cases in which the offense charged is within the original jurisdiction of the district courts.
κ1971 Statutes of Nevada, Page 2247 (FILE NUMBER 57, SJR 23 of the 55th Session)κ
the legality of any tax, impost, assessment, toll or municipal fine, or in which the demand (exclusive of interest) or the value of the property in controversy, exceeds three hundred dollars; also in all other civil cases not included in the general subdivisions of law and equity, and also on questions of law alone in all criminal cases in which the offense charged is within the original jurisdiction of the district courts. The court shall also have power to issue writs of mandamus, certiorari, prohibition, quo warranto, and habeas corpus and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the justices shall have power to issue writs of habeas corpus to any part of the state, upon petition by, or on behalf of, any person held in actual custody, and may make such writs returnable, before himself or the supreme court, or before any district court in the state or before any judge of said courts.
In case of the disability or disqualification, for any cause, of the chief justice or either of the associate justices of the supreme court, or any two of them, the governor is authorized and empowered to designate any district judge or judges to sit in the place or places of such disqualified or disabled justice or justices, and said judge or judges so designated shall receive their actual expense of travel and otherwise while sitting in said supreme court.
Sec: 5. The State is hereby divided into 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 four 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 of Grand Juries and the presentment and trial on indictments, under such rules and regulations as may be prescribed by law.
κ1971 Statutes of Nevada, Page 2248 (FILE NUMBER 57, SJR 23 of the 55th Session)κ
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.
Sec: 6. The District Courts in the several Judicial Districts of this State shall have original jurisdiction in all cases in equity; also in all cases at law which involve the title or the right of possession to, or the possession of real property, or Mining claims, or the legality of any tax, impost, assessment, toll or municipal fine, and in all other cases in which the demand (exclusive of interest) or the value of the property in controversy, exceeds Three Hundred Dollars, also in all cases relating to the estates of deceased persons, and the persons and estates of Minors and insane persons, and of the action of forcible entry and unlawful detainer; and also in all criminal cases not otherwise provided for by law; 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.
Sec: 7. The times of holding the Supreme Court and District Courts shall be as fixed by law. The terms of the Supreme Court shall be held at the seat of Government; and the terms of the District Courts shall be held at the County seats of their respective counties; Provided, that in case any county shall be hereafter divided into two or more districts, the Legislature may by law, designate the places of holding Courts in such Districts.
Sec: 8. The Legislature shall determine the number of Justices of the Peace to be elected in each city and township of the State, and shall fix by law their powers, duties and responsibilities, Provided, that such Justices Courts shall not have jurisdiction of the following cases, Viz: First, of cases in which the matter in dispute is a money demand, or personal property, and the amount of the demand (exclusive of interest) or the value of the property exceeds Three Hundred Dollars; Second, of cases wherein the title to real estate, or mining claims, or questions of boundaries to land, is or may be involved; or of cases that in any manner shall conflict with the jurisdiction of the several courts of Record in this State; And Provided further, that Justices Courts shall have such criminal jurisdiction as may be prescribed by law; and the Legislature may confer upon said courts jurisdiction concurrent with the District Courts, of actions to enforce Mechanics liens, wherein the amount (exclusive of interest) does not exceed Three hundred dollars; and also of Actions for the possession of lands and tenements where the relation of Land lord and Tenant exists, or when such possession has been unlawfully or fraudulently obtained or with-held. The Legislature shall also prescribe by law the manner, and determine the cases in which appeals may be taken from Justices and other courts. The Supreme Court, the District Courts, and such other Courts, as the Legislature shall designate, shall be Courts of Record.
Sec: 9. Provision shall be made by law prescribing the powers, duties and responsibilities of any Municipal Court that may be established in
κ1971 Statutes of Nevada, Page 2249 (FILE NUMBER 57, SJR 23 of the 55th Session)κ
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.
Sec: 10. No Judicial Officer, except Justices of the Peace and City Recorders shall receive to his own use any fees or perquisites of Office.
Sec. 11. The justices of the supreme court and the district judges shall be ineligible to any office, other than a judicial office, during the term for which they shall have been elected or appointed; and all elections or appointments of any such judges by the people, legislature, or otherwise, during said period, to any office other than judicial, shall be void.
Sec: 12. Judges shall not charge juries in respect to matters of fact, but may state the testimony and declare the law.
Sec: 13. The style of all process shall be The State of Nevada and all prosecutions shall be conducted in the name and by the authority of the same.
Sec: 14. There shall be but one form of civil action, and law and equity may be administered in the same action.
Section 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 years revenue a sufficient amount of Money, to pay such compensation.
Sec: 16. The Legislature at its first Session, and from time to time thereafter shall provide by law, that upon the institution of each civil action, and other proceedings, and also upon the perfecting of an appeal in any civil action or proceeding, in the several Courts of Record in this State, a special Court fee, or tax shall be advanced to the Clerks of said Courts, respectively by the party or parties bringing such action or proceeding, or taking such appeal and the money so paid in shall be accounted for by such Clerks, and applied towards the payment of the compensation of the Judges of said Courts, as shall be directed by law.
Sec: 17. The Legislature shall have no power to grant leave of absence to a Judicial Officer, and any such Officer who shall absent himself from the State for more than Ninety consecutive days, shall be deemed to have vacated his Office.
Sec: 18. No Judicial Officer shall be superceeded nor shall the Organization of the several Courts of the Territory of Nevada be changed until the election and qualification of the several Officers provided for in this article.]
ARTICLE 6
Judicial Department
Section 1. The judicial power of this state is vested in a unified court system, comprising a supreme court, a district court and county courts. The legislature may provide by law for:
κ1971 Statutes of Nevada, Page 2250 (FILE NUMBER 57, SJR 23 of the 55th Session)κ
1. The creation and modification from time to time of geographical divisions within the district court.
2. The assignment of one or more judges of the district court to one or more specialized functions, throughout the district court or in one or more divisions.
3. The appointment or election of justices of the peace to serve as magistrates of any one or more county courts.
Sec. 2. 1. The supreme court consists of the chief justice and two or more associate justices, as may be provided by law. In increasing or diminishing the number of associate justices, the legislature shall provide for the arrangement of their terms so that an equal number of terms, as nearly as may be, expire every 2 years.
2. The legislature may provide by law:
(a) If the court consists of more than five justices, for the hearing and decision of cases by panels of no fewer than three justices, the resolution by the full court of any conflicts between decisions so rendered, and the kinds of cases which must be heard by the full court.
(b) For the places of holding court by panels of justices if established, and by the full court.
3. The justices of the supreme court shall elect one of themselves to be chief justice for a term of 3 years, beginning on the 1st Monday of January in the appropriate years. A vacancy shall be filled for the unexpired term. In making their election, the justices shall consider fitness for the duties prescribed by section 8 of this article. A chief justice shall not succeed himself.
Sec. 3. 1. When a vacancy occurs for any reason in the supreme court or among the judges of the district court or county courts, the governor shall appoint a justice or judge from among three nominees selected for such individual vacancy by the commission on judicial selection.
2. Each nomination for the supreme court shall be made by the permanent commission, composed of:
(a) The chief justice or an associate justice designated by him;
(b) Three 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.
3. Each nomination for the district court or a county court shall be made by a temporary commission composed of:
(a) The permanent commission;
(b) A member of the State Bar of Nevada resident in the geographical division, if any, in which the vacancy occurs, appointed by the board of governors of the State Bar of Nevada; and
(c) A resident of such division, if any, not a member of the legal profession, appointed by the governor.
4. The term of office of each appointive member of the permanent 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. The additional members of a temporary commission shall be appointed when a vacancy occurs, and their terms shall expire when the nominations for such vacancy have been transmitted to the governor.
κ1971 Statutes of Nevada, Page 2251 (FILE NUMBER 57, SJR 23 of the 55th Session)κ
shall be appointed when a vacancy occurs, and their terms shall expire when the nominations for such vacancy have been transmitted to the governor.
5. An appointing authority shall not appoint to the permanent commission more than:
(a) One resident of any county.
(b) Two members of the same political party.
No member of the permanent commission may be a member of the commission on judicial discipline.
6. After the expiration of 30 days from the date on which the committee on judicial selection has delivered to him its list of nominees for any vacancy, if the governor has not made the appointment required by this section, he shall make no other appointment to any public office until he has appointed a justice or judge from the list submitted.
Sec. 4. 1. The initial term of office of each judge of the district court appointed pursuant to section 3 of this article expires on the 1st Monday of January next following the first general election held after the year in which such judge was appointed. The initial term of office of each justice of the supreme court so appointed expires at the end of the full term of the justice whom he succeeds. The term of office of each justice or judge who succeeds himself is 6 years, beginning and ending on the 1st Monday of January in the respectively appropriate years.
2. Each justice of the supreme court who desires to succeed himself shall, on or before July 1 next preceding the expiration of his term of office, declare his candidacy in a manner which shall be provided by law. With respect to each justice who so declares, the question shall be presented at the next general election, in a form which shall be provided by law, whether such justice shall succeed himself. If a justice does not declare his candidacy, or if a majority of the votes cast on the question are cast against his succeeding himself, a vacancy is created at the expiration of his term which shall be filled by appointment pursuant to section 3 of this article.
3. Except when a judge is appointed to fill a vacancy:
(a) District judges shall be elected by the registered voters of the respective geographical divisions of the district court.
(b) Judges of the county courts shall be elected by the registered voters of the respective counties.
Sec. 5. No justice or judge may be removed from office by any alteration of the number of justices of the supreme court or judges of the district court, or by any alteration of a geographical division. The salary of a justice or judge shall not be diminished during his term of office. No justice or judge, during his tenure as such, is eligible for election or appointment to any nonjudicial office.
Sec. 6. 1. A justice of the supreme court or a judge of the district court or a county court may, in addition to the provision of article 7 for impeachment, 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:
κ1971 Statutes of Nevada, Page 2252 (FILE NUMBER 57, SJR 23 of the 55th Session)κ
(a) Two justices or judges 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. 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 county. The governor shall not appoint more than two members of the same political party. No member may be a member of the permanent commission on judicial selection.
4. The supreme court 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 conduct of investigations and hearings.
5. 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.
6. 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 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.
7. 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 judge of the district court or a county court, no judge from the same geographical division of the district court 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.
8. The commission may:
(a) Designate for each hearing an attorney or attorneys at law to act as counsel to conduct the proceeding;
κ1971 Statutes of Nevada, Page 2253 (FILE NUMBER 57, SJR 23 of the 55th Session)κ
(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.
Sec. 7. 1. The legislature shall provide by law the limits of the jurisdiction of the county courts, according to the amount in controversy, the nature of the case, the penalty provided, or any combination of these.
2. The district court has original jurisdiction of all matters judicial in nature outside the jurisdiction of the county courts, and final appellate jurisdiction of appeals from the county courts, as the legislature shall provide by law. The special jurisdiction of judges assigned to specialized functions shall be provided by law.
3. An action properly brought in one geographical division of the district court may be transferred to another division under such conditions as the legislature may provide by law.
4. The supreme court has jurisdiction:
(a) Of all appeals from the district court, as the legislature shall provide by law.
(b) To issue writs of mandamus, certiorari, prohibition, quo warranto and other writs appropriate to the exercise of its appellate jurisdiction and of its supervisory power over the court system.
(c) To answer a question of law certified to it by a court of another jurisdiction, under such conditions as the legislature may provide by law or the supreme court may provide by rule not inconsistent with any such law.
5. A justice of the supreme court may issue writs of habeas corpus to any part of the state, and may make such writs returnable before him or before any established division or judge of the district court, or established panel within the supreme court.
6. The legislature may provide by law for the trial and punishment of offenses in the militia.
Sec. 8. 1. The chief justice is the administrative head of the court system. Subject to such rules as the supreme court may adopt, the chief justice may:
(a) Apportion the work of the supreme court among justices or panels.
(b) Assign judges of the district court to geographical divisions or specialized functions which have been established by law.
(c) Recall to active service any retired justice or judge of the court system who consents to such recall and who has not been removed or retired for cause or defeated for retention in office, and may assign him to appropriate temporary duty within the court system.
2. The supreme court may appoint an administrator of the court system and such other personnel as are appropriate to assist the chief justice in the performance of his administrative duties and to perform such other duties as may be prescribed by law or by rule of the supreme court.
3. In the absence or temporary disability of the chief justice, the associate justice who has served longest in the supreme court shall act as chief justice.
κ1971 Statutes of Nevada, Page 2254 (FILE NUMBER 57, SJR 23 of the 55th Session)κ
associate justice who has served longest in the supreme court shall act as chief justice.
Sec. 9. 1. On the 1st Monday of January next following the approval of this article by the people, unless otherwise provided by law or rule consistent with this article and continuing until thus otherwise provided:
(a) The several justices of the peace become magistrates of the several county courts.
(b) The several judicial districts become geographical divisions of the district court, and the several district judges constitute the judges of the district court.
(c) The justices of the supreme court shall first elect a chief justice pursuant to this article.
2. Every justice of the supreme court and judge of a district court who is incumbent on the effective date of this article or who has been elected to a term of office beginning on such effective date shall be deemed to have been initially appointed pursuant to this article and shall thereafter be removed from or retained in office, and assigned to duty, pursuant to this article.
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 court shall provide by rule, for the appointment of attorneys at law to the positions designated in this article to be occupied by members of the State Bar of Nevada.
[Sec:] Sec. 2. The Governor and other State and Judicial Officers [, except Justices of the Peace] shall be liable to impeachment for Misdemeanor or Malfeasance in Office; but judgment in such case shall not extend further than removal from Office and disqualification to hold any Office of honor, profit, or trust under this State. The party whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment and punishment according to law.
[Sec:] Sec. 8. The Legislature shall provide for the speedy publication of all Statute laws of a general nature, [and such decisions of the Supreme Court, as it may deem expedient;] and all laws and judicial decisions shall be free for publication by any person. [; Provided, that no judgment of the Supreme Court shall take effect and be operative until the Opinion of the Court in such case shall be filed with the Clerk of said Court.]
[Sec:] Sec. 12. The Governor, Secretary of State, State Treasurer [,] and State Controller [, and Clerk of the Supreme Court,] shall keep their respective offices at the seat of Government.
[Sec:] Sec. 22. In case the office of any [Justice of the Supreme Court, District Judge or other] State officer, except a judicial officer, shall become vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appointment by the Governor until it shall be supplied at the next general election, when it shall be filled by election for the residue of the unexpired term.
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κ1971 Statutes of Nevada, Page 2255κ
Senate Concurrent Resolution No. 13Senators Swobe, Brown, Close, Dodge, Drakulich, Foley, Fransway, Gibson, Harris, Hecht, Herr, Hug, Lamb, Manning, Monroe, Pozzi, Titlow, Walker, Wilson and Young
FILE NUMBER 58
SENATE CONCURRENT RESOLUTIONCommending local police officers for their efforts in protecting society; requesting designation of Support Your Local Police Week by the governor; and urging all persons to be law-abiding citizens and to cooperate with law enforcement officers.
Whereas, Every man, woman and child in this great state owes a debt of gratitude to our local police officers who guard our lives and property unceasingly; and
Whereas, Local law enforcement is the bulwark of order in society without which there can be no peace, liberty or freedom; and
Whereas, All persons in a democratic society have an obligation not only to obey the laws but to support and assist our police officers who labor so diligently for the common weal; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature of this state respectfully requests that the governor proclaim a week in May as Support Your Local Police Week; and be it further
Resolved, That the legislature urges all persons in this state to be law-abiding citizens, requests their cooperation with all law enforcement officers and joins in a sincere expression of appreciation to all peace officers for all they have done to preserve and protect our precious heritage of peace and freedom through law; and be it further
Resolved, That the legislative counsel prepare copies of this resolution and transmit them forthwith to the governor, the Nevada Peace Officers Association, the Western Nevada Peace Officers Association, the White Pine Law Enforcement Association and the Nevada Sheriffs Association.
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Senate Resolution No. 13Committee on Legislative Functions
FILE NUMBER 59
SENATE RESOLUTIONProviding for the appointment of a senate attache.
Resolved by the Senate of the State of Nevada, That Beverly Allen is hereby elected as an attache of the senate of the 56th session of the legislature of the State of Nevada.
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κ1971 Statutes of Nevada, Page 2256κ
Assembly Concurrent Resolution No. 32Messrs. Branch, May, Ashworth and Bryan
FILE NUMBER 60
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Albert E. Wile.
Whereas, The death of Albert E. Wile brought to a close a distinguished career of public service in law enforcement; and
Whereas, He served the people of North Las Vegas as their first chief of police; and
Whereas, He served the people of Las Vegas as a policeman who advanced through the ranks to become a captain responsible for the safety and well-being of thousands of Las Vegans; and
Whereas, His devotion to duty and service will long be remembered; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the condolences of the 56th session of the Nevada legislature are hereby expressed to the widow and surviving family of the late Albert E. Wile; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the widow and surviving daughter of the late Mr. Wile.
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Assembly Resolution No. 22Messrs. Lowman, Ashworth, Branch, Mrs. Brookman, Messrs. Bryan, Capurro, Dini, Dreyer, Miss Foote, Mrs. Frazzini, Messrs. Fry, Getto, Glaser, Hafen, Miss Hawkins, Messrs. Hilbrecht, Homer, Howard, Kean, Lauri, Lingenfelter, May, McKissick, Mello, Olsen, Poggione, Prince, Ronzone, Schofield, Smalley, Smith, Swackhamer, Swallow, Torvinen, Valentine, Mrs. White, Messrs. Wilson, Frank Young, Roy Young and Jacobsen
FILE NUMBER 61
ASSEMBLY RESOLUTIONDesignating March 1, 1971, as Legislative Day for Girl Scouts; inviting Girl Scout representatives to be the guests of the legislature on that day; and commending the Girl Scouts of the United States of America for their excellent programs.
Whereas, The Girl Scouts of the United States of America were established in 1912 with the purpose of helping girls from 7 to 17 years of age develop as happy, resourceful individuals; and
Whereas, Especially today, the great value of Girl Scout training in the appreciation of the outdoors and in the pleasures and skills of camping are respected; and
Whereas, The people of the State of Nevada are justifiably proud of their Girl Scouts; and
Whereas, The Girl Scouts of the United States of America is one of the finest of all character-building organizations devoted to youngsters; and
Whereas, The Girl Scouts program presents an opportunity for the young and the adults involved to learn together the cultural heritage of our nation and the skills and responsibilities of living in our society; now, therefore, be it
κ1971 Statutes of Nevada, Page 2257 (FILE NUMBER 61, AR 22)κ
our nation and the skills and responsibilities of living in our society; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the custom of official state participation in the citizenship phase of scouting be continued by inviting representatives of the Frontier Council and the Sierra Nevada Council of the Girl Scouts of the United States of America to sit with members of the Assembly during the morning session on March 1, 1971; and be it further
Resolved, That the members of the assembly of the 56th session of the legislature of the State of Nevada hereby commend the Girl Scouts of the United States of America for their fine efforts in teaching citizenship, leadership and character; and be it further
Resolved, That copies of this resolution be transmitted by the legislative counsel to the Frontier Council and the Sierra Nevada Council of the Girl Scouts of the United States of America.
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Assembly Concurrent Resolution No. 21Messrs. McKissick, Dini, Jacobsen and Homer
FILE NUMBER 62
ASSEMBLY CONCURRENT RESOLUTIONUrging donations to the Nevada heritage association for the purchase of Virginia & Truckee Railroad equipment and the restoration of the Carson City-Virginia City line.
Whereas, The Comstock Lode and the iron horses of the Virginia & Truckee Railroad share responsibility for the early growth of Nevada; and
Whereas, The Nevada heritage association has as its objectives the restoration of the old V & T from Carson City to Virginia City and the retrieval of original equipment to carry out this objective; and
Whereas, The Nevada heritage association is authorized to accept donations to achieve this objective; and
Whereas, Several priceless relics of the V & T are soon to be sold in the southern California area; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the residents of this state be urged to donate whatever amount is possible to the Nevada heritage association for the purchase of Virginia & Truckee Railroad equipment and for the eventual restoration of the V & T line from Carson City to Virginia City.
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κ1971 Statutes of Nevada, Page 2258κ
Senate Resolution No. 12Committee on Legislative Functions
FILE NUMBER 63
SENATE RESOLUTIONAmending Senate Standing Rule 57 concerning concurrent referrals of bills and resolutions.
Resolved by the Senate of the State of Nevada, That Senate Standing Rule 57 be, and same hereby is, amended to read as follows:
57
CONCURRENT REFERRALS
When a bill or resolution is referred to two committees the bill or resolution will go to the first committee named, where it will be acted upon; then, regardless of the action or recommendation of that committee, the bill or resolution will pass to the second committee named, and that committee will pass upon it. [The two committees will then prepare their recommendations separately and report simultaneously to the Senate.] If one committee reports unfavorably and the other favorably, the bill or resolution [must] will not be reported to the Senate. [If both committees report unfavorably the chairman of the first committee named may hold the bill or resolution.] However, the committee which votes not to report the bill or resolution out with a favorable recommendation shall report to the Senate in regular session, stating the reasons for not approving the bill or resolution.
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Assembly Concurrent Resolution No. 16Messrs. Homer, Swallow, Jacobsen, Glaser and Dini
FILE NUMBER 64
ASSEMBLY CONCURRENT RESOLUTIONUrging heads of state agencies, boards, commissions and departments to give equal opportunity for all state employees to participate in on-the-job specialized training.
Whereas, It is the policy of the legislature of the State of Nevada to promote equal opportunity for all employees of the State of Nevada; and
Whereas, All employees in the service of the State of Nevada deserve an equal chance to receive promotions and higher compensation; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the heads of all agencies, boards, commissions and departments of government in the State of Nevada, are hereby urged to afford equal opportunity to all employees for on-the-job specialized training so that all employees in state government may have an equal chance to advance in their chosen fields of endeavor.
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κ1971 Statutes of Nevada, Page 2259κ
Assembly Resolution No. 24Committee on Legislative Functions
FILE NUMBER 65
ASSEMBLY RESOLUTIONExpressing the condolences of the members of the assembly to Margie Foote on the death of her father.
Whereas, Harry S. Foote, the father of our fellow assemblyman, Margie Foote, died February 25, 1971, having served his community of Sparks as a fire department member, a city councilman and a member of the Sparks board of adjustment during a long and active life of public service; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That heartfelt condolences and individual expressions of sympathy are hereby extended to Margie Foote, our fellow member, on the untimely death of her beloved father, Harry S. Foote.
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Assembly Joint Resolution No. 14Messrs. Swallow, Prince and Hafen
FILE NUMBER 66
ASSEMBLY JOINT RESOLUTIONMemorializing the Congress of the United States to increase rates for certain third class mail.
Whereas, The Congress of the United States has declared that the post office is to be a public service to be used in the promotion of social, cultural, intellectual and commercial intercourse among the people of the United States; and
Whereas, Third class mail includes circulars being sent in identical terms to several persons and is afforded a lesser rate; and
Whereas, Seldom do such circulars operate as a service to the public and more often do they work to the publics aggravation, distress and exasperation; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the Congress of the United States direct the Postmaster General to increase the postal rates to an amount which will fully cover costs of delivery for circulars presently enjoying third class postal rates; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the President of Senate, the Speaker of the House of Representatives of the United States, to the Postmaster General and to all members of the Nevada congressional delegation.
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κ1971 Statutes of Nevada, Page 2260κ
Senate Concurrent Resolution No. 16Senator Dodge
FILE NUMBER 67
SENATE CONCURRENT RESOLUTIONExpressing the appreciation of the 56th session of the legislature of the State of Nevada to the many Nevada artists, the Nevada State Council on the Arts, and other individuals for their cooperation and assistance in making available and selecting art work now on display in the legislative building.
Whereas, Upon completion and partial occupancy of the new legislative building in July 1970, the legislative commission appointed a subcommittee to explore all phases of art work for possible inclusion in locations in the legislative building over a period of time; and
Whereas, In addition to the legislative members of the subcommittee the legislative commission appointed Merle Snider, chief executive officer of the Nevada State Council on the Arts, Helen W. Willis, a member of the Nevada State Council on the Arts, Dr. J. Craig Sheppard and Graham Erskine as members of the subcommittee; and
Whereas, The nonlegislative members of the subcommittee working in cooperation with the Nevada State Council on the Arts collected art work of Nevada artists in various areas throughout the state, which work was then examined by the subcommittee and selections made for display in the legislative building for the pleasure of the legislators and visitors to the building; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the genuine appreciation of each member of the 56th session of the legislature of the State of Nevada is hereby expressed to each Nevada artist who submitted his work for selection, to the Nevada State Council on the Arts and its members for the cooperation extended to the subcommittee of the legislative commission in making the final selections; and be it further
Resolved, That special thanks are given to Merle Snider, Helen W. Willis, Mary Callahan, Dr. J. Craig Sheppard and Graham Erskine for their donations of time, talents and efforts in assisting the subcommittee; and be it further
Resolved, That the legislative counsel is directed to transmit forthwith copies of this resolution to the Nevada State Council on the Arts, Merle Snider, Helen W. Willis, Mary Callahan, Dr. J. Craig Sheppard and Graham Erskine.
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Senate Joint Resolution No. 1 of the 55th SessionSenators Brown and Gibson
FILE NUMBER 68
[To be placed on 1972 general election ballot]
SENATE JOINT RESOLUTIONProposing to amend article 19 of the constitution, relating to the initiative and referendum, by limiting the operation of the initiative.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 2 of article 19 of the constitution of the State of Nevada be amended, and article 19 of the constitution of the State of Nevada be further amended by adding thereto a new section to be designated section 6, to read collectively as follows:
κ1971 Statutes of Nevada, Page 2261 (FILE NUMBER 68, SJR 1 of the 55th Session)κ
further amended by adding thereto a new section to be designated section 6, to read collectively as follows:
Sec. 2. 1. Notwithstanding the provisions of section 1 of article 4 of this constitution, but subject to the limitations of section 6 of this article, the people reserve to themselves the power to propose, by initiative petition, statutes and amendments to statutes and amendments to this constitution, and to enact or reject them at the polls.
2. An initiative petition shall be in the form required by section 3 of this article and shall be proposed by a number of registered voters equal to 10 percent or more of the number of voters who voted at the last preceding general election in not less than 75 percent of the counties in the state, but the total number of registered voters signing the initiative petition shall be equal to 10 percent or more of the voters who voted in the entire state at the last preceding general election.
3. If the initiative petition proposes a statute or an amendment to a statute, it shall be filed with the secretary of state not less than 30 days prior to any regular session of the legislature. The secretary of state shall transmit such petition to the legislature as soon as the legislature convenes and organizes. The petition shall take precedence over all other measures except appropriation bills, and the statute or amendment to a statute proposed thereby shall be enacted or rejected by the legislature without change or amendment within 40 days. If the proposed statute or amendment to a statute is enacted by the legislature and approved by the governor in the same manner as other statutes are enacted, such statute or amendment to a statute shall become law, but shall be subject to referendum petition as provided in section 1 of this article. If the statute or amendment to a statute is rejected by the legislature, or if no action is taken thereon within 40 days, the secretary of state shall submit the question of approval or disapproval of such statute or amendment to a statute to a vote of the voters at the next succeeding general election. If a majority of the voters voting on such question at such election votes approval of such statute or amendment to a statute, it shall become law and take effect upon completion of the canvass of votes by the supreme court. An initiative measure so approved by the voters shall not be amended, annulled, repealed, set aside or suspended by the legislature within 3 years from the date it takes effect. If a majority of such voters votes disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. If the legislature reject such proposed statute or amendment, the governor may recommend to the legislature and the legislature may propose a different measure on the same subject, in which event, after such different measure has been approved by the governor, the question of approval or disapproval of each measure shall be submitted by the secretary of state to a vote of the voters at the next succeeding general election. If the conflicting provisions submitted to the voters are both approved by a majority of the voters voting on such measures, the measure which receives the largest number of affirmative votes shall thereupon become law.
4. If the initiative petition proposes an amendment to the constitution, it shall be filed with the secretary of state not less than 60 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire state.
κ1971 Statutes of Nevada, Page 2262 (FILE NUMBER 68, SJR 1 of the 55th Session)κ
entire state. The secretary of state shall cause to be published in a newspaper of general circulation, on three separate occasions, in each county in the state, together with any explanatory matter which shall be placed upon the ballot, the entire text of the proposed amendment. If a majority of the voters voting on such question at such election votes disapproval of such amendment, no further action shall be taken on the petition. If a majority of such voters votes approval of such amendment, the secretary of state shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted. If a majority of such voters votes disapproval of such amendment, no further action shall be taken on such petition. If a majority of such voters votes approval of such amendment, it shall become a part of this constitution upon completion of the canvass of votes by the supreme court.
Sec. 6. This article does not permit the proposal of any statute or statutory amendment which makes an appropriation or otherwise requires the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the constitution, or otherwise constitutionally provides for raising the necessary revenue.
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Assembly Concurrent Resolution No. 31Mr. Glaser
FILE NUMBER 69
ASSEMBLY CONCURRENT RESOLUTIONRequesting members of the medical, nursing and allied health professions and other interested persons to study existing allied health personnel training programs and laws and report to the 57th legislative session.
Whereas, The demand for medical and other health services in the United States is exceeding the supply of physicians and other professional health personnel; and
Whereas, Even with the exceptional acceleration of the educational preparation of physicians and other health personnel the demand for health services will still far exceed the supply of qualified medical and allied health professionals; and
Whereas, There is a very real shortage of trained medical and other allied health personnel in the smaller communities in the State of Nevada; and
Whereas, An allied health personnel educational program would be of great service in these communities and also would benefit the larger cities in Nevada whose residents also require more adequate health care services; and
Whereas, Governor Mike OCallaghan has expressed concern over the health care crisis in Nevada; and
Whereas, Allied health personnel programs are being developed with some success in other states; now, therefore, be it
κ1971 Statutes of Nevada, Page 2263 (FILE NUMBER 69, ACR 31)κ
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the Nevada State Medical Association, the board of medical examiners of the State of Nevada, the Nevada Nurses Association, the state board of nursing, the health sciences council of the University of Nevada, Reno, the college of allied health professions, University of Nevada, Las Vegas, the Nevada Hospital Association, the Nevada Public Health Association and other concerned entities be invited to review jointly the existing allied health personnel training programs in the United States and the laws pertaining thereto and recommend a program to meet the needs of the State of Nevada, to be presented to the 57th session of the legislature; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the boards, associations and entities listed above.
________
Assembly Joint Resolution No. 8 of the 55th SessionCommittee on Elections
FILE NUMBER 70
[To be placed on 1971 special election ballot]
ASSEMBLY JOINT RESOLUTIONProposing to amend section 1 of article 2 of the Nevada constitution by reducing the minimum voting age.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 1 of article 2 of the constitution of the State of Nevada be amended to read as follows:
Section 1. All citizens of the United States (not laboring under the disabilities named in this constitution) of the age of [twenty-one] eighteen years and upwards, who shall have actually, and not constructively, resided in the state six months, and in the district or county thirty days next preceding any election, shall be entitled to vote for all officers that now or hereafter may be elected by the people, and upon all questions submitted to the electors at such election; provided, that no person who has been or may be convicted of treason or felony in any state or territory of the United States, unless restored to civil rights, and no idiot or insane person shall be entitled to the privilege of an elector. There shall be no denial of the elective franchise at any election on account of sex. The legislature may provide by law the conditions under which a citizen of the United States who does not have the status of an elector in another state and who does not meet the residence requirements of this section may vote in this state for President and Vice President of the United States.
________
κ1971 Statutes of Nevada, Page 2264κ
Assembly Resolution No. 26Committee on Legislative Functions
FILE NUMBER 71
ASSEMBLY RESOLUTIONAdopting a new Assembly Standing Rule concerning the introduction of skeleton bills relating to legislative reapportionment and redistricting.
Resolved by the Assembly of the State of Nevada, That the Assembly Standing Rules are hereby amended by the addition of a new rule, to be designated Assembly Standing Rule 42, which shall immediately follow Assembly Standing Rule 41, and shall read as follows:
42
Skeleton Bills Relating to Legislative Reapportionment and Redistricting
The introduction of skeleton bills relating to legislative reapportionment and redistricting is authorized. Such bills will be provided for purposes of introduction and committee referral. A skeleton bill will be a presentation of ideas or statements of purposes, sufficient in style and expression (and may refer to an accepted map or maps by number) to enable the legislature and the committee to which the bill may be referred to consider the substantive merits of the legislation proposed. The committee, if it treats the skeleton bill favorably, shall then request the draft of a completed bill in such detail as would afford the committee the opportunity of considering the legislative ideas proposed in context with all the necessary ramifications.
________
Assembly Concurrent Resolution No. 42Messrs. May and Branch
FILE NUMBER 72
ASSEMBLY CONCURRENT RESOLUTIONCommending Nickolas Janise upon his retirement as chief of police of North Las Vegas.
Whereas, The legislature of the State of Nevada has learned of the announcement of the retirement of Nickolas Nick Janise from the position of chief of police of the city of North Las Vegas; and
Whereas, Nickolas Janise was a devoted public servant, and spent 30 years of his life in active law enforcement; and
Whereas, Nick spent the last 10 years of his life with the police force of North Las Vegas, and has been chief of the department and has recently been in charge personally of the police community relations division; and
Whereas, Chief Janise took part in many civic activities in his time-off duty as a police officer; and
Whereas, He was an effective force in the community in holding down the crime rate, by giving unselfishly of his time and talents in counseling and guiding youth, in finding jobs for those hard to employ, by improving race relations and by giving understanding to those in need of a helping hand in adjusting to the realities of modern society; and
κ1971 Statutes of Nevada, Page 2265 (FILE NUMBER 72, ACR 42)κ
race relations and by giving understanding to those in need of a helping hand in adjusting to the realities of modern society; and
Whereas, Chief Nickolas Janise is leaving active service on March 12, 1971; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature of the State of Nevada commends Chief Nickolas Nick Janise for his unselfish dedication to duty, his eagerness to assist his fellow man, and his inspiring leadership in the community; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Nickolas Janise.
________
Senate Concurrent Resolution No. 20Senators Swobe, Harris, Young, Hug, Wilson, Pozzi, Fransway and Hecht
FILE NUMBER 73
SENATE CONCURRENT RESOLUTIONMemorializing the late Dr. Charles D. Lanning.
Whereas, The members of the legislature have learned of the recent death of Dr. Charles D. Lanning; and
Whereas, Dr. Lanning was a prominent opthalmologist, having practiced in Reno since 1956; and
Whereas, Dr. Lanning was very active in civic and political affairs in Washoe County and served as chairman of the Republican Central Committee in that county from March 1966 until early in 1969; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the sincere condolences of this body be expressed to the surviving family of Dr. Charles D. Lanning; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to the surviving widow and children of the deceased.
________
Senate Joint Resolution No. 14 of the 55th SessionCommittee on Judiciary
FILE NUMBER 74
[To be placed on 1972 general election ballot]
SENATE JOINT RESOLUTIONProposing to amend section 1 of article 16 of the Nevada constitution, relating to constitutional amendments, by providing for the disposition of concurrent or consecutive amendments to the same provision.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 1 of article 16 of the constitution of the State of Nevada be amended to read as follows:
κ1971 Statutes of Nevada, Page 2266 (FILE NUMBER 74, SJR 14 of the 55th Session)κ
Section [.] 1. 1. Any amendment or amendments to this Constitution may be proposed in the Senate or Assembly; and if the same shall be agreed to by a Majority of all the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their respective journals, with the Yeas and Nays taken thereon, and referred to the Legislature then next to be chosen, and shall be published for three months next preceding the time of making such choice. And if in the Legislature next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the Legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors qualified to vote for members of the Legislature voting thereon, such amendment or amendments shall, unless precluded by subsection 2, become a part of the Constitution.
2. If two or more amendments which affect the same section of the constitution are ratified by the people at the same election:
(a) If all can be given effect without contradiction in substance, each shall become a part of the constitution.
(b) If one or more contradict in substance the other or others, that amendment which received the largest favorable vote, and any other amendment or amendments compatible with it, shall become a part of the constitution.
3. If after the proposal of an amendment, another amendment is ratified which affects the same section of the constitution but is compatible with the proposed amendment, the next legislature if it agrees to the proposed amendment shall submit such proposal to the people as a further amendment to the amended section. If, after the proposal of an amendment, another amendment is ratified which contradicts in substance the proposed amendment, such proposed amendment shall not be submitted to the people.
________
Senate Joint Resolution No. 7Senators Gibson, Brown, Lamb, Hug, Harris, Young, Hecht, Pozzi and Drakulich
FILE NUMBER 75
[To be returned to 1973 legislature]
SENATE JOINT RESOLUTIONProposing to amend section 3 of article 9 of the constitution of the State of Nevada, relating to state indebtedness, by increasing the maximum allowance for the state public debt to 3 percent of the states assessed valuation; and by providing a flexible method of determining such valuation.
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] three percent of the assessed valuation of the state, as [shown by the reports of the county assessors to the state controller,] determined by the state controller in the manner provided by law, except for the purpose of defraying extraordinary expenses, as hereinafter mentioned.
κ1971 Statutes of Nevada, Page 2267 (FILE NUMBER 75, SJR 7)κ
three percent of the assessed valuation of the state, as [shown by the reports of the county assessors to the state controller,] determined by the state controller in the manner provided by law, 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 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. 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.
________
Assembly Joint Resolution No. 10Mr. Homer
FILE NUMBER 76
[To be returned to 1973 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to amend section 2 of article 9 of the constitution of the State of Nevada, relating to finance and state debt, declaring public employees retirement funds to be trust funds.
Resolved by the Assembly and the Senate of the State of Nevada, jointly, That section 2 of article 9 of the constitution of the State of Nevada be amended to read as follows:
[Section] Sec. 2. The legislature shall provide by law for an annual tax sufficient to defray the estimated expenses of the state for each fiscal year; and whenever the expenses of any year shall exceed the income, the legislature shall provide for levying a tax sufficient, with other sources of income, to pay the deficiency, as well as the estimated expenses of such ensuing years or two years. Any moneys paid for the purpose of providing compensation for industrial accidents and occupational diseases, and for administrative expenses incidental thereto, and for the purpose of funding and administering a public employees retirement system, shall be segregated in proper accounts in the state treasury, and such moneys shall never be used for any other purposes, and they are hereby declared to be trust funds for the uses and purposes herein specified.
κ1971 Statutes of Nevada, Page 2268 (FILE NUMBER 76, AJR 10)κ
segregated in proper accounts in the state treasury, and such moneys shall never be used for any other purposes, and they are hereby declared to be trust funds for the uses and purposes herein specified.
________
Assembly Concurrent Resolution No. 15Clark County Delegation
FILE NUMBER 77
ASSEMBLY CONCURRENT RESOLUTIONDirecting the health division of the department of health, welfare and rehabilitation not to remove its medical laboratory from Clark County.
Whereas, The health division of the department of health, welfare and rehabilitation is charged by statute with the responsibility of providing laboratory facilities for the prompt diagnosis of communicable diseases; and
Whereas, Such statute permits the health division to establish branch laboratories where necessary throughout the state; and
Whereas, The majority of the people of Nevada reside in Clark County, and, therefore, the majority of the services to be provided by the laboratory are provided in Clark County; and
Whereas, The services of the laboratory include such important functions as laboratory testing and analysis for control of communicable diseases which are of vital concern to people of the entire state; and
Whereas, The health division is planning to remove its laboratory facility from the area of greatest need in Clark County to the northern part of the state, thus causing delays in the laboratory analyses necessary for prompt diagnosis and treatment of communicable diseases; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the health division of the department of health, welfare and rehabilitation is hereby directed not to close its laboratory facility in Clark County and to continue the operation of such laboratory in the area of greatest population of the state; and be it further
Resolved, That copies of this resolution be prepared by the legislative counsel and delivered forthwith to the director of the department of health, welfare and rehabilitation and the state health officer.
________
Assembly Joint Resolution No. 46 of the 55th SessionCommittee on Judiciary
FILE NUMBER 78
[To be placed on 1972 general election ballot]
ASSEMBLY JOINT RESOLUTIONProposing to amend section 14 of article 5 of the constitution of the State of Nevada, relating to the state board of pardons, by altering the composition of the board.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 14 of article 5 of the constitution of the State of Nevada be amended to read as follows:
κ1971 Statutes of Nevada, Page 2269 (FILE NUMBER 78, AJR 46 of the 55th Session)κ
Sec. 14. The governor, [justices of the supreme court, and attorney general, or a major part of them, of whom the governor shall be one, may,] and four residents of the State of Nevada, appointed by the governor, who are not members of the judiciary and whose qualifications and term of office shall be fixed by law, may, upon the concurrence of the majority of them, of whom the governor shall be one, and upon such conditions and with such limitations and restrictions as they may think proper, remit fines and forfeitures, commute punishments, and grant pardons, after convictions, in all cases, except treason and impeachments, subject to such regulations as may be provided by law relative to the manner of applying for pardons. The legislature is authorized to pass laws conferring upon the district courts authority to suspend the execution of sentences, fix the conditions for, and to grant probation, and within the minimum and maximum periods authorized by law, fix the sentence to be served by the person convicted of crime in said courts.
________
Assembly Joint Resolution No. 32Committee on Government Affairs
FILE NUMBER 79
ASSEMBLY JOINT RESOLUTIONProposes an amendment to the United States Constitution providing that the Congress shall not tax interest on state evidences of indebtedness and that the states shall not tax interest on federal obligations.
Whereas, Taxes imposed by the Federal Government on the interest on evidences of indebtedness of states, their political subdivisions and the agencies and instrumentalities thereof impose a burden on the sovereign power of the states and their political subdivisions, agencies and instrumentalities to borrow money for essential state and local purposes; and
Whereas, The constantly recurring attempts of the Congress and the Department of the Treasury to tax the interest on such evidences of indebtedness has severely damaged the ability of the states and their political subdivisions, agencies and instrumentalities to borrow money, and has substantially increased the cost of such borrowings to the detriment of the taxpayers of the states and their political subdivisions, agencies and instrumentalities; and
Whereas, Such recurring attempts to tax the interest on such evidences of indebtedness flaunt the constitutional principal of reciprocal intergovernmental tax immunity first enunciated by the Supreme Court of the United States in McCulloch v. Maryland, 4 Wheat 316, in the year 1819 and more specifically applied by that court in Pollack v. Farmers Loan & Trust Co., 157 U.S. 429, and later cases; and
Whereas, It is advisable and in the best interest of the states to prevent future attempts to tax the interest on such evidences of indebtedness by amending the United States Constitution to state unequivocally the principle of reciprocal intergovernmental tax immunity in respect of taxes on the interest on such evidences of indebtedness and thereby restore investor confidence to the market for such evidences of indebtedness and, consequently, reduce the cost of borrowing by the states and their political subdivisions, agencies and instrumentalities; now, therefore, be it
κ1971 Statutes of Nevada, Page 2270 (FILE NUMBER 79, AJR 32)κ
consequently, reduce the cost of borrowing by the states and their political subdivisions, agencies and instrumentalities; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That application is hereby made to the Congress of the United States to submit to the legislatures of the states an amendment to the United States Constitution in the following form, which amendment is hereby ratified as an amendment to the United States Constitution, on behalf of the State of Nevada, by this joint resolution:
Without the consent of a State, the Congress shall have no power to lay and collect any tax, direct or indirect, upon the income derived from interest paid on evidences of indebtedness of such State, or of any political subdivision, agency or instrumentality thereof, nor shall any State have power, without the consent of the Congress, to lay and collect any tax, direct or indirect, upon the income derived from interest paid on obligations of the United States or of any agency or instrumentality thereof;
and be it further
Resolved, That a duly attested copy of this joint resolution be immediately transmitted by the legislative counsel to both the President and Secretary of the Senate of the United States and to the Speaker and Clerk of the House of Representatives of the United States; and be it further
Resolved, This this resolution shall continue in full force and effect until December 31, 1975.
________
Senate Joint Resolution No. 14Senator Hecht
FILE NUMBER 80
SENATE JOINT RESOLUTIONMemorializing the Congress of the United States to enact legislation to halt certain abuses in bankruptcies.
Whereas, The incidence of bankruptcies has become more marked in recent years; and
Whereas, The Federal Government has exclusive jurisdiction of proceedings in bankruptcy; and
Whereas, Creditors of and investors in business ventures have sustained severe losses; and
Whereas, Certain business projects essentially sound have failed and the community in which the business was located has been economically adversely affected; and
Whereas, Promoters of and prime movers in such business ventures, by use of corporate structures or other devices limiting personal liability have emerged in apparently affluent circumstances; and
Whereas, State legislatures and courts are powerless to act to protect the people of the state; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That this legislature on behalf of the people of the State of Nevada respectfully memorializes the Congress of the United States to enact legislation in bankruptcy proceedings designed to curb the practices described and to prevent the few from profiting from a business venture in which creditors and other investors sustain losses; and be it further
κ1971 Statutes of Nevada, Page 2271 (FILE NUMBER 80, SJR 14)κ
respectfully memorializes the Congress of the United States to enact legislation in bankruptcy proceedings designed to curb the practices described and to prevent the few from profiting from a business venture in which creditors and other investors sustain losses; and be it further
Resolved, That this legislature requests each member of the Nevada congressional delegation to work for the enactment of such legislation; and be it further
Resolved, That copies of this resolution be forwarded 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.
________
Assembly Joint Resolution No. 36Committee on Legislative Functions
FILE NUMBER 81
ASSEMBLY JOINT RESOLUTIONMemorializing the United States Postal Service to commemorate the centennial of the Virginia & Truckee Railroad and the occasion of over a century of short-line railroad service by issuing a commemorative stamp featuring the Virginia & Truckee Railroad.
Whereas, The saga of steam locomotion invokes a unique nostalgia in millions of Americans; and
Whereas, Commemorative stamp issues are one of the best ways to communicate to the youth of our nation the rich heritage that is theirs; and
Whereas, One of the most famous, and oft-called queen of the short-line railroads, The Virginia & Truckee, is celebrating its centennial in 1972; and
Whereas, Short-line railroads have played a vital role in the transportation annals of our country for over a century and it is time to recognize nationally their great contribution; and
Whereas, The spectacularly colorful steam engines of the V & T which have been used in making so many historical movies are classics of railroad craftsmanship, particularly suited for a commemorative postage stamp; 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 United States Postal Service to issue a commemorative postage stamp during 1972 featuring the Virginia & Truckee Railroad; and be it further
Resolved, That the United States Postal Service is urged to make Carson City, Nevada, the proposed place of issuance for the first day of issue, as that historic city is the home of the Virginia & Truckee Railroad; and be it further
Resolved, That the legislative counsel prepare and transmit a copy of this resolution to The Honorable Winton D. Blount, Postmaster General, United States Postal Service, Washington, D.C.
________
κ1971 Statutes of Nevada, Page 2272κ
Assembly Resolution No. 28Committee on Legislative Functions
FILE NUMBER 82
ASSEMBLY RESOLUTIONProviding for the appointment of an assembly attache.
Resolved by the Assembly of the State of Nevada, That Murray F. Mechum is hereby elected as an attache of the assembly of the 56th session of the legislature of the State of Nevada.
________
Senate Concurrent Resolution No. 15Committee on State Institutions
FILE NUMBER 83
SENATE CONCURRENT RESOLUTIONExpressing the intent of the legislature with regard to the commitment of juveniles to juvenile correctional institutions and their release therefrom.
Whereas, The legislature, representing the people of Nevada, is most concerned about the welfare of all the children of Nevada, including those who for one reason or another have come within the jurisdiction of the juvenile court; and
Whereas, This 56th session of the legislature believes that increased consultation between the juvenile court judges and those persons who are charged with the responsibility of supervising the juvenile correctional institutions in this state is one means of improving the type of care and treatment which is in the best interests of the child and for the society to which that child will ultimately return; and
Whereas, It is also believed that the juvenile judges and the superintendents of the juvenile correctional institutions should make written recommendations about the welfare of the child whom they are about to commit or release and that each should weigh carefully the recommendation so made by the other before making a determination; and
Whereas, These written recommendations should be preserved in the files relating to the child so they may be reviewed for the purpose of increasing the effectiveness of our Juvenile Court Act; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That all judges of the juvenile division of the district court, the superintendent of the Nevada girls training center and the superintendent of the Nevada youth training center are urged to comply with the intent of the legislature as it is expressed in this resolution; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to all district judges and to the superintendent of the Nevada girls training center and the superintendent of the Nevada youth training center.
________
κ1971 Statutes of Nevada, Page 2273κ
Senate Concurrent Resolution No. 26Committee on Judiciary
FILE NUMBER 84
SENATE CONCURRENT RESOLUTIONRequesting the governor to return Senate Bill No. 384 to the senate to effect a technical amendment.
Whereas, Senate Bill No. 384 was regularly passed by both the senate and the assembly and has been enrolled and sent to the governor; and
Whereas, Senate Bill No. 384 embodies a technical error which should be corrected by amendment; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the governor is requested to return Senate Bill No. 384 to the senate for technical correction.
________
Assembly Resolution No. 29Committee on Legislative Functions
FILE NUMBER 85
ASSEMBLY RESOLUTIONProviding for the appointment of an assembly attache.
Resolved by the Assembly of the State of Nevada, That Stanley Dea is hereby elected as an attache of the assembly of the 56th session of the legislature of the State of Nevada.
________
Assembly Concurrent Resolution No. 43Committee on Education
FILE NUMBER 86
ASSEMBLY CONCURRENT RESOLUTIONUrging the state board of education to encourage school districts to take immediate steps to require that the pupil-classroom ratio in primary grades reading programs be limited.
Whereas, It is the paramount interest of the state that every child be prepared for the world of citizenship and work; and
Whereas, Reading is the fundamental building block in the educational development of a citizen; and
Whereas, The early elementary grades in Nevada public schools frequently have as many as 32 to 45 students; and
Whereas, Children have significantly different problems in acquiring reading skills; and
Whereas, Diagnosis and remediation of the reading-learning difficulty require that ample time be expended with each child on an individual basis; and
Whereas, Reduction of class size is essential; and
Whereas, The state board of education, under authority conferred in NRS 387.123, has power to establish and enforce a maximum acceptable class size; now, therefore, be it
κ1971 Statutes of Nevada, Page 2274 (FILE NUMBER 86, ACR 43)κ
NRS 387.123, has power to establish and enforce a maximum acceptable class size; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the assembly and the senate of the State of Nevada urge the state board of education to exercise their leadership by encouraging local school districts to take steps forthwith to require that the pupil-classroom ratio in primary grades reading programs be no more than 30 to 1; and be it further
Resolved, That the legislative counsel is directed to transmit copies of this resolution to each member of the state board of education and the superintendent of public instruction.
________
Senate Resolution No. 14Committee on Legislative Functions
FILE NUMBER 87
SENATE RESOLUTIONProviding for the appointment of a senate attache.
Resolved by the Senate of the State of Nevada, That Leonelle Lowrance is hereby elected as an attache of the senate of the 56th session of the legislature of the State of Nevada.
________
Assembly Joint Resolution No. 1Messrs. Kean, Frank Young, Getto and Lowman
FILE NUMBER 88
ASSEMBLY JOINT RESOLUTIONMemorializing the Congress of the United States to enact legislation adopting the metric system.
Whereas, The Department of Commerce advisory panel monitoring the current 3-year government study of metric conversion urges adoption of the metric system; and
Whereas, Support for the metric system is surprisingly increasing at business and industrial levels; and
Whereas, The British experience in converting from the English system to the metric system indicates favorable public support will be more readily achieved by concentrating such transition at the retail level rather than the industrial level; and
Whereas, The proponents of a coordinate switch contend a voluntary transition would not be enough to trigger a real national transition; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the Congress of the United States is hereby memorialized to enact legislation adopting the metric system as the exclusive standard of measurement, effective no later than January 1, 1980, and requiring the use of the metric system in the retail trade as soon as possible; and be it further
κ1971 Statutes of Nevada, Page 2275 (FILE NUMBER 88, AJR 1)κ
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the Speaker of the House of Representatives, the President of the Senate, the members of the Nevada congressional delegation and the Secretary of Commerce.
________
Assembly Concurrent Resolution No. 45Committee on Ways and Means
FILE NUMBER 89
ASSEMBLY CONCURRENT RESOLUTIONAuthorizing acquisition by the Nevada state park system, for purposes of establishing new state recreation areas, of certain lands and facilities.
Whereas, Unless acquisition is directed by the legislative commission pursuant to law, NRS 407.063 requires approval by concurrent resolution of the legislature prior to the acquisition of real or personal property by the Nevada state park system that would require or might require appropriations by the legislature; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature of the State of Nevada hereby gives its approval, subject to the provisions of NRS 407.063, to the Nevada state park system to acquire by purchase, to the extent that legislative appropriations or bond proceeds procured pursuant to chapter 613, Statutes of Nevada 1969, are available therefor, or by transfer, with or without consideration, or by exchange, lease, gift, grant, devise, or otherwise, real or personal property and any appurtenant recreational facilities thereon situated, for the purposes of establishing new state recreation areas within the Nevada state park system designated and more particularly described as follows:
1. Addition to Beaver Dam State Park, Lincoln County:
3,280 acres, more or less, of public domain and 160 acres, more or less, of private property, located in Lincoln County; all within T. 55 S., R. 70 E., M.D.B. & M., and more particularly described as follows;
Public Domain: Section 4-S 1/2................................. 320 acres;
Section 5-W 1/2............................... 320 acres;
Section 7-All.................................... 640 acres;
Section 9-N 1/2................................ 320 acres;
Section 18-N 1/2; SE 1/4................. 480 acres;
Section 17-W 1/2............................. 320 acres;
Section 20-All.................................. 640 acres;
Section 21-SW 1/4 NW 1/4; W 1/2 SW 1/4; SE 1/4 SW 1/4.......................................... 160 acres; and
Section 8-N 1/2 NW 1/4................. 80 acres, a
......... total of 3,280 acres.
Private: Section 8-SW 1/4 NW 1/4................ 40 acres;
Section 8-NW 1/4 SW 1/4........ 40 acres; and
Section 8-S 1/2 SW 1/4.................. 80 acres, a
......... total of 160 acres.
κ1971 Statutes of Nevada, Page 2276 (FILE NUMBER 89, ACR 45)κ
2. Belmont Historic State Monument, Nye County:
An abandoned historic mining townsite, complete with various buildings plus mill structures, located 40 miles NE of Tonopah on a gravel road; all within T. 9 N., R. 45 E., M.D.B. & M., and more particularly described as follows:
Section 25-SW 1/4 NW 1/4.................................................. 40 acres
Section 26-E 1/2.......................................................... 320 acres; and
Section 26-E 1/2 SW 1/4................................................... 80 acres, a
total of 440 acres ±.
3. Bristol Wells Historic State Monument, Lincoln County:
240 acres, more or less, located within T. 3 N., R. 65 E., M.D.B. & M., in Lincoln County, more particularly described as follows:
Beginning at post marked #1, SE corner of the Town of Bristol, thence U.S. Mineral Monument #1, bears S. 72°30' E. 22,320 feet; U.S. Mineral Monument #2, standing at the NE corner of 6th and Main Streets in the Town of Bristol, bears N. 50°30' W. 1,660 feet; thence from post marked #1, SE corner of the Town of Bristol, S. 70°30' W. 1,320 feet to a point; thence S. 19°30' E. 660 feet to a point; thence S. 70°30' W. 1,980 feet to a point; thence N. 19°30' W. 1,980 feet to a point; thence N. 70°30' E. 660 feet to a point; thence N. 19°30' W. 1,320 feet, marked #3, NW corner of the Town of Bristol; thence N. 70°30' E. 2,640 feet to a post marked #4, NE corner of the town of Bristol; thence S. 19°30' E. 2,640 feet to a post marked #1 and the point of beginning.
4. Addition to Cathedral Gorge State Park, Lincoln County:
A narrow strip of land abutting the entrance off U.S. Highway 93 to Cathedral Gorge State Park, lying in the NW 1/4 of Section 5, T. 2 S., R. 68 E., M.D.B. & M., lying W of U.S. Highway 93, and more particularly described as follows:
Parcel 2 in the Record of Survey, Lincoln No. 1 made for the Nevada state park system by F. W. Millard & Son, 1962, containing 27.761 acres less the R/W for the park entrance road.
5. Cold Springs Historic State Monument, Churchill County:
120 acres, more or less, of historic Churchill County property located adjacent to U.S. Highway 50 within T. 18 N., R. 37 E., M.D.B. & M., and more particularly described as follows:
Section 30, E 1/2 SE 1/4; SW 1/4 of SE 1/4 except the right-of-way of U.S. Highway 50.
6. Colorado River State Recreation Area, Clark County:
185 acres, more or less, of public domain in Clark County, more particularly described as follows:
(a) T. 32 S., R. 66 E., M.D.B. & M.:
Section 12, SW 1/4 NW 1/4............................................ 40 acres ±;
NW 1/4 SW 1/4............................................................................... 40 acres ±;
κ1971 Statutes of Nevada, Page 2277 (FILE NUMBER 89, ACR 45)κ
SW 1/4 SW 1/4............................................................................... 40 acres ±;
SE 1/4 SW 1/4.......................................................................... 40 acres ±; and
that portion of SW 1/4 SE 1/4 extending to the Colorado River watercourse excepting the right of way of county road.
(b) T. 34 S., R. 66 E., M.D.B. & M.:
Fractional Section 5............................................................................ 25.37 acres.
7. Addition to Echo Canyon State Recreation Area, Lincoln County:
160 acres, more or less, of public domain and 240 acres, more or less of private property, located in the upper Meadow Valley Wash of Lincoln County, all in T. 1 S., R. 68 E., M.D.B. & M., more particularly described as follows:
Public Domain: Section 29-SW 1/4................................................. 160 acres.
Private Property: Section 28-S 1/2 SW 1/4......................................... 80 acres;
Section 28-NE 1/4 SW 1/4...................................... 40 acres;
Section 32-E 1/2 NW 1/4................................. 80 acres; and
Section 33-NW 1/4 NW 1/4.................................... 40 acres.
8. Addition to Fort Churchill Historic State Monument, Lyon County:
491 acres, more or less, in the vicinity of Weeks, Lyon County, more particularly described as follows:
(a) Approximately 11 acres of riverfront and flood plain lands on the N side of the Carson River within T. 16 N., R. 24 E., M.D.B. & M.;
Section 3-N 1/2 NE 1/4......................................................................... 11 acres ±.
(b) Approximately 480 acres of public land north of the monument entrance all within T. 17 N., R. 24 E., M.D.B. & M.;
Section 34-N 1/2............................................................................. 320 acres; and
Section 35-NW 1/4................................................................................. 160 acres.
9. For Schellbourne Historic State Monument, White Pine County:
320 acres, more or less, located in White Pine County some 3 miles off U.S. Highway 93, 40 miles N of Ely, more particularly described as follows:
T. 22 N., R. 64 E., M.D.B. & M.;
Section 1-SE 1/4.............................................................................. 160 acres; and
Section 12-NE 1/4................................................................................... 160 acres.
10. Gleason Canyon State Park, Lincoln County:
11,360 acres, more or less, located in Lincoln County 3 miles S of State Highway 25 in the pinon-juniper lands east of Panaca, more particularly described as follows:
T. 1 S., R. 70 E., M.D.B. & M.;
Section 15-All;
Section 16-All;
Section 17-All;
Section 20-All;
κ1971 Statutes of Nevada, Page 2278 (FILE NUMBER 89, ACR 45)κ
Section 21-All;
Section 22-All;
Section 27-All;
Section 28-All;
Section 29-All;
Section 32-All;
Section 33-All;
Section 34-All; and
T. 2 S., R. 70 E., M.D.B. & M.;
Section 3-All;
Section 4-All;
Section 5-All;
Section 7-SE 1/4;
Section 8-All;
Section 17-All; and
Section 18-E 1/2.
11. Grimes Point Historic State Monument, Churchill County:
720 acres, more or less, located in Churchill County adjacent to U.S. Highway 50, more particularly described as follows:
T. 18 N., R. 30 E., M.D.B. & M.;
Section 20-SE 1/4, S 1/2 SW 1/4;
Section 21-S 1/2; and
Section 29-N 1/2 N 1/2.
12. Addition to Kershaw-Ryan State Recreation Area, Lincoln County:
560 acres, more or less, located in Lincoln County, more particularly described as follows:
T. 4 S., R. 67 E., M.D.B. & M.;
Section 18-S 1/2................................................................ 320 acres; and
Section 19-W 1/2 NW 1/4, N 1/2 S 1/2................................... 240 acres.
13. Sand Mountain Historic State Monument, Churchill County:
Approximately 4,000 acres of sand dunes in a natural amphitheater, popularly known as the Singing Sands Mountain, and situated in Churchill County closely adjacent to U.S. Highway 50, more particularly described as follows:
(a) T. 17 N., R. 32 E., M.D.B. & M.;
Section 15-S 1/2 S 1/2;
Section 16-S 1/2 S 1/2;
Section 20-NE 1/4; S 1/2;
Section 21-All;
Section 22-N 1/2; SW 1/4;
Section 28-N 1/2; SW 1/4;
Section 29-All;
Section 32-N 1/2 NW 1/4; E 1/2;
Section 33-NW 1/4; W 1/2 SW 1/4; and
(b) T. 16 N., R. 32 E., M.D.B. & M.;
Section 5-E 1/2.
κ1971 Statutes of Nevada, Page 2279 (FILE NUMBER 89, ACR 45)κ
14. Addition to Red Rock Canyon Recreation Area, Clark County:
16,320 acres, more or less, in Clark County, more particularly described as follows:
(a) T. 20 S., R. 58 E., M.D.B. & M.:
Sections 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 36, all-13,440 acres;
Section 32, NE 1/4 NE 1/4.
Section 35, N 1/2 SE 1/4-480 acres.
(b) T. 21 S., R. 58 E.:
Section 1, All north of proposed Red Rock Scenic Drive, Segment A, exclusive of Lot 1.
Section 12, All north of proposed Red Rock Scenic Drive, Segment A.
(c) T. 20 S., R. 59 E.:
Section 7, 18.
Section 19, N 1/2.
(d) T. 21 S., R. 59 E.:
Section 6, Lot 7, S 1/2 SE 1/4 SE 1/4 NW 1/4, N 1/2 NW 1/4 NE 1/4 SW 1/4, S 1/2 S 1/2 NE 1/4 SW 1/4, SE 1/4 SW 1/4, N 1/2 NW 1/4 SW 1/4 SE 1/4, S 1/2 NE 1/4 SW 1/4 SE 1/4.
(e) T. 21 S., R. 58 E.:
Section 15, NW 1/4;
Section 16, NE 1/4, SE 1/4 NW 1/4.
15. Potosi-Yellow Plug State Park, Clark County:
T. 23 S., R. 58 E., M.D.B. & M.:
Section 34, E 1/2-320 acres ±.
16. Addition to Valley of Fire State Park, Clark County:
1,636 acres, ± more particularly described as follows:
(a) T. 16 S., R. 66 E., M.D.B. & M.:
Section 34, E 1/2, E 1/2 W 1/2-480 acres ±.
(b) T. 16 S., R. 67 E., M.D.B. & M.:
Section 27, SW 1/4, W 1/2 NW 1/4-240 acres ±; and
Section 34, All-640 acres ±.
(c) T. 18 S., R. 67 E., M.D.B. & M.:
Section 6, NW 1/4-160 acres.
(d) T. 18 S., R. 66 1/2 E., M.D.B. & M.:
Section 7, S 1/2 NW 1/4 and Lot 2-116 acres.
17. Big Washoe Lake, Washoe County:
2,087 acres, ± in the vicinity of Big Washoe Lake, more particularly described as follows:
(a) The following lands in T. 16 N., R. 19 E., M.D.B. & M.:
Section 11: N 1/2 NE 1/4; N 1/2, SW 1/4 NE 1/4; Lots 1, 2, & 3, less R/W U.S. 395.
κ1971 Statutes of Nevada, Page 2280 (FILE NUMBER 89, ACR 45)κ
Section 12: Lot 1.
Section 13: Lots 1, & 2.
Section 14: Lots 1, 2.
Section 23: SE 1/4 SE 1/4 east of the right-of-way of U.S. 395 (unsubdivided lands).
Section 24: S 1/2 S 1/2; Lots 1, 2, 3, 4, 5.
Section 25: NW 1/4; N 1/2 NE 1/4; SW 1/4 NE 1/4; NW 1/4 SE 1/4; N 1/2 SW 1/4, excepting that portion thereof included in the right-of-way of U.S. 395 and the right-of-way of State Route 3B.
Section 26: E 1/2 E 1/2 east of the right-of-way of U.S. 395.
(b) The following lands in T. 16 N., R. 20 E., M.D.B. & M.:
Section 6: SW 1/4 SW 1/4.
Section 7: NE 1/4; Lots 1, 2, 3, 4 and 5, along Washoe Lake; NE 1/4 NW 1/4; NE 1/4 SE 1/4.
Section 8: All except right-of-way of State Route 3B.
Section 17: NW 1/4; W 1/2 E 1/2; E 1/2 SW 1/4; Lots 1 and 2; except right-of-way of State Route 3B.
Section 18: Lots 1 and 2.
Section 19: S 1/2 SE 1/4; Lots 1, 2, 3, 4 and 5, along Washoe Lake; except right-of-way of State Route 3B.
Section 20: E 1/2 NW 1/4; NW 1/4 Lots 1 and 2; NW 1/4 SW 1/4. Except right-of-way of State Route 3B.
Section 30: N 1/2 NW 1/4 except right-of-way of State Route 3B.
18. Ward Willow-Cave Lake State Recreation Area, White Pine County:
480 acres ± located in White Pine County, encompassing what is now known as the Ward Ovens Historic State Monument, all in T. 14 N., R. 63 E., M.D.B. & M., more particularly described as follows:
(a) Public Domain-195 acres:
Section 25, S 1/2 SW 1/4-80 acres;
Section 26, S 1/2 SE 1/4-80 acres; and
Section 26, SE 1/4 SW 1/4-35 acres.
(b) Private-280 acres:
Section 35, NW 1/4 NW 1/4-40 acres;
Section 35, SE 1/4 NW 1/4-40 acres;
Section 35, NE 1/4 NE 1/4-40 acres;
Section 35, S 1/2 NE 1/4-80 acres; and
Section 36, E 1/2 NW 1/4-80 acres.
(c) Patented Mining Claims-5 acres:
Section 35, NE 1/4 NW 1/4, a fraction thereof-4 acres; and
Section 26, SE 1/4 SW 1/4, a fraction thereof-1 acre.
19. Addition to Eagle Valley State Recreation Area, Lincoln County:
590 acres ± of public domain and 11.24 acres ± of private property located in Lincoln County; all within T. 2 N., R. 69 E., M.D.B. & M., and more particularly described as follows:
κ1971 Statutes of Nevada, Page 2281 (FILE NUMBER 89, ACR 45)κ
Public Domain:
Section 13: NW 1/4 SE 1/4 SW 1/4-10 acres;
E 1/2 SE 1/4 SW 1/4-20 acres; and
E 1/2 SW 1/4 SE 1/4 SW 1/4-5 acres.
Section 24: W 1/2 NW 1/4 NW 1/4 NW 1/4-5 acres;
NE 1/4 NW 1/4 NW 1/4-10 acres;
S 1/2 NW 1/4 NW 1/4-20 acres;
SW 1/4 NW 1/4-40 acres;
SW 1/4-160 acres; and
S 1/2 NE 1/4-80 acres.
Section 25: W 1/2-320 acres.
Private:
Section 24, Parcel No. 1, commencing at the NW corner of Section 24, thence S. 89°50'36" E. 1,307.25 feet to a point; thence S. 0°26'46" W. to a steel bar, tagged, driven flush to the ground and a point of beginning. From point of beginning bear S. 60°56'12" E. 625.00 feet to a point; thence S. 25°42'03" W. 700.00 feet to a point; thence N. 89°46'09" W. 250.00 feet to a point; thence N. 0°26'46" E. 933.38 feet to the point of beginning. 7.62 acres, more or less.
Section 13, Parcel No. 2, commencing at the NW corner of Section 24; thence S. 89°50'36" E. 1,437.25 feet to a steel bar, tagged, driven flush to the ground and a point of beginning. From the point of beginning bear S. 89°50'36" E. 1,046.41 feet to a point; thence N. 45°09'24" W. 282.84 feet to a point; thence N. 89°50'36" W. 500.00 feet to a point; thence N. 60°09'25" W. 400.00 feet to the point of beginning. 3.550 acres, more or less.
20. Addition to Berlin-Ichthyosaur State Park, Nye County; 30.44 acres, more or less all within Union Mining District Berlin Group and more particularly described as Follows:
Survey No. 2046A Sherman Claim............................................. 10.44 acres.
Survey No. 2046A Graham Claim............................................... 20.00 acres.
________
Assembly Concurrent Resolution No. 47Mr. Lowman
FILE NUMBER 90
ASSEMBLY CONCURRENT RESOLUTIONRequesting the governor to return Assembly Bill No. 141 to the assembly to effect a technical amendment.
Whereas, Assembly Bill No. 141 was regularly passed by both the assembly and the senate and has been enrolled and sent to the governor; and
Whereas, Assembly Bill No. 141 embodies a technical error which should be corrected by amendment; now, therefore, be it
κ1971 Statutes of Nevada, Page 2282 (FILE NUMBER 90, ACR 47)κ
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the governor is requested to return Assembly Bill No. 141 to the assembly for technical correction.
________
Senate Concurrent Resolution No. 19Senator Titlow
FILE NUMBER 91
SENATE CONCURRENT RESOLUTIONMemorializing the Central Nevada resource development authority and the department of economic development of the State of Nevada and others to study the feasibility of constructing custom milling and mineral recovery facilities in Nevada.
Whereas, One of Nevadas basic industries for over a century has been mining; and
Whereas, The history of that industry provides the assurance that there are vast untapped mineral resources in the rural regions in this state; and
Whereas, The development and utilization of these resources will provide the economic impetus that will improve the quality of life in all of Nevada; and
Whereas, Many mine operators are working and struggling to discover, develop and to mine in spite of great obstacles and their numbers are dwindling from year to year; and
Whereas, One of their great needs which may be solved by sufficient study and research is better custom milling and mineral recovery facilities; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the Central Nevada resource development authority and the department of economic development of the State of Nevada, together with other appropriate state and federal agencies, are hereby urged to undertake a comprehensive study to determine the feasibility of constructing custom milling and mineral recovery facilities to serve small mine operators in Nevada; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the governor, the chairman of the board of directors of the Central Nevada resource development authority, and the director of the department of economic development of the State of Nevada.
________
Senate Concurrent Resolution No. 22Senator Fransway
FILE NUMBER 92
SENATE CONCURRENT RESOLUTIONAuthorizing the Nevada state park system to operate, develop and acquire lands, by lease, surrounding the Rye Patch Reservoir.
Whereas, NRS 407.063 requires approval by concurrent resolution of the legislature prior to the administration, operation, maintenance, acquisition, planning and development of real property by the Nevada state park system that would require, or might require, appropriations by the legislature; now, therefore, be it
κ1971 Statutes of Nevada, Page 2283 (FILE NUMBER 92, SCR 22)κ
state park system that would require, or might require, appropriations by the legislature; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature of the State of Nevada hereby gives its approval to the Nevada state park system to administer, operate, maintain, plan, acquire and develop lands within the Rye Patch Reservoir area in Pershing County, which property is described as follows:
T. 30 N., R. 32 E., M.D.B. & M.:
Section 1-E 1/2 NE 1/4, NE 1/4 SE 1/4.
T. 31 N., R. 32 E., M.D.B. & M.:
Section 1-E 1/2 NE 1/4, NE 1/4 NW 1/4, NW 1/4 NE 1/4; and
Section 36-E 1/2 E 1/2.
T. 32 N., R. 32 E., M.D.B. & M.:
Section 1-All;
Section 2-All;
Section 3-E 1/2 SE 1/4;
Section 10-E 1/2 E 1/2, SW 1/4 SE 1/4;
Section 11-All;
Section 12-All;
Section 13-All;
Section 14-All;
Section 15-E 1/2;
Section 22-E 1/2;
Section 23-All;
Section 24-N 1/2 N 1/2, SW 1/4 NW 1/4, W 1/2 SW 1/4;
Section 25-All;
Section 26-All;
Section 27-E 1/2;
Section 35-All; and
Section 36-All.
T. 33 N., R. 32 E., M.D.B. & M.:
Section 25-SE 1/4;
Section 35-SE 1/4 SE 1/4, S 1/2 NE 1/4; and
Section 36-All.
T. 30 N., R. 33 E., M.D.B. & M.:
Section 6-All;
Section 7-E 1/2, E 1/2 W 1/2, SW 1/4 SW 1/4;
Section 8-W 1/2; and
Section 18-W 1/2, W 1/2 E 1/2, E 1/2 NE 1/4.
T. 31 N., R. 33 E., M.D.B. & M.:
Section 5-W 1/2;
Section 6-All;
Section 7-E 1/2, E 1/2 NW 1/4, NW 1/4 NW 1/4;
Section 8-All;
Section 17-W 1/2;
Section 18-All;
Section 19-All;
κ1971 Statutes of Nevada, Page 2284 (FILE NUMBER 92, SCR 22)κ
Section 20-W 1/2;
Section 29-W 1/2 W 1/2;
Section 30-All;
Section 31-All; and
Section 32-W 1/2 W 1/2.
T. 32 N., R. 33 E., M.D.B. & M.:
Section 2-N 1/2 N 1/2;
Section 3-NE 1/4, E 1/2 NW 1/4, NW 1/4 NW 1/4;
Section 4-NE 1/4 NE 1/4;
Section 5-W 1/2 NW 1/4;
Section 6-N 1/2, SW 1/4, NW 1/4 SE 1/4;
Section 7-W 1/2;
Section 18-W 1/2 W 1/2;
Section 30-S 1/2, S 1/2 NW 1/4, SW 1/4 NE 1/4; and
Section 31-All.
T. 33 N., R. 33 E., M.D.B. & M.:
Section 21-W 1/2;
Section 19-All;
Section 20-All;
Section 25-S 1/2;
Section 26-S 1/2 S 1/2, N 1/2 SE 1/4;
Section 27-S 1/2 S 1/2, NW 1/4 SW 1/4, W 1/2 NW 1/4;
Section 28-All;
Section 29-All;
Section 30-All;
Section 31-All;
Section 32-N 1/2, SW 1/4;
Section 33-N 1/2, SE 1/4;
Section 34-All;
Section 35-All; and
Section 36-N 1/2 N 1/2.
________
Senate Concurrent Resolution No. 24Senator Dodge
FILE NUMBER 93
SENATE CONCURRENT RESOLUTIONAuthorizing the Nevada state park system to administer, operate, maintain, plan, acquire and develop lands within the Lahontan Reservoir area in Churchill and Lyon counties.
Whereas, NRS 407.063 requires approval by concurrent resolution of the legislature prior to the administration, operation, maintenance, acquisition, planning, and development of real property by the Nevada state park system that would require, or might require, appropriations by the legislature; now, therefore, be it
κ1971 Statutes of Nevada, Page 2285 (FILE NUMBER 93, SCR 24)κ
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature of the State of Nevada hereby gives its approval to the Nevada state park system to administer, operate, maintain, plan, acquire and develop lands within the Lahontan Reservoir area in Churchill and Lyon counties, which property is described as follows:
T. 17 N., R. 25 E., M.D.B. & M.:
Public:
Section 1-S 1/2, SW 1/4 NE 1/4, S 1/2 NW 1/4, NW 1/4 NW 1/4;
Section 2-All;
Section 3-N 1/2, NW 1/4 SW 1/4;
Section 4-N 1/2, SE 1/4;
Section 11-E 1/2 NE 1/4, SE 1/4 SE 1/4;
Section 12-All;
Section 13-All;
Section 14-All;
Section 15-S 1/2 SE 1/4, NE 1/4 SE 1/4;
Section 22-NE 1/4, E 1/2 NW 1/4, NW 1/4 NW 1/4;
Section 23-E 1/2, NW 1/4, E 1/2 SW 1/4, NW 1/4 SW 1/4;
Section 24-All;
Section 25-E 1/2; and
Section 36-E 1/2.
Private:
Section 3-N 1/2 SE 1/4, NE 1/4 SW 1/4;
Section 4-NE 1/4 SW 1/4;
Section 11-N 1/2 NW 1/4, NW 1/4 NE 1/4, NE 1/4 SE 1/4;
Section 15-SE 1/4 SW 1/4;
Section 22-SW 1/4 NW 1/4, S 1/2; and
Section 23-SW 1/4 SW 1/4.
T. 18 N., R. 25 E., M.D.B. & M.:
Public:
Section 16-S 1/2, S 1/2 N 1/2;
Section 17-SE 1/4 SW 1/4, S 1/2 SE 1/4;
Section 20-All;
Section 21-All;
Section 22-All;
Section 23-S 1/2, SW 1/4 NW 1/4;
Section 24-All;
Section 25-N 1/2 NE 1/4;
Section 26-N 1/2;
Section 27-NE 1/4 NE 1/4, W 1/2 NW 1/4;
Section 28-All;
Section 29-SE 1/4 NE 1/4, E 1/2 SE 1/4, SW 1/4 SE 1/4;
Section 32-All;
Section 33-All;
Section 34-All; and
Section 35-SW 1/4, SW 1/4 SE 1/4.
κ1971 Statutes of Nevada, Page 2286 (FILE NUMBER 93, SCR 24)κ
Private:
Section 23-N 1/2 NW 1/4, SE 1/4 NW 1/4, NE 1/4;
Section 25-NW 1/4, S 1/2 NE 1/4;
Section 27-E 1/2 NW 1/4, W 1/2 NE 1/4, SE 1/4 NE 1/4; and
Section 29-W 1/2, W 1/2 NE 1/4, NE 1/4 NE 1/4, NW 1/4 SE 1/4.
T. 17 N., R. 26 E., M.D.B. & M.:
Public:
Section 5-S 1/2;
Section 6-S 1/2;
Section 7-All;
Section 8-All;
Section 16-W 1/2;
Section 17-All;
Section 18-All;
Section 19-All;
Section 20-All;
Section 21-W 1/2;
Section 29-All;
Section 30-All;
Section 31-All; and
Section 32-W 1/2.
T. 18 N., R. 26 E., M.D.B. & M.:
Public:
Section 2-N 1/2 NW 1/4;
Section 3-S 1/2 NW 1/4, W 1/2 SE 1/4, SW 1/4;
Section 4-All;
Section 5-SE 1/4, E 1/2 NE 1/4;
Section 7-E 1/2 SE 1/4, SE 1/4 NE 1/4;
Section 8-All;
Section 9-N 1/2, SW 1/4, N 1/2 SE 1/4, SW 1/4 SE 1/4;
Section 10-All;
Section 16-All;
Section 17-N 1/2, SW 1/4, N 1/2 SE 1/4;
Section 18-All;
Section 19-E 1/2, S 1/2 SW 1/4;
Section 20-All; and
Section 30-N 1/2.
Private:
Section 2-SW 1/4 SW 1/4;
Section 3-N 1/2 NW 1/4, NE 1/4, E 1/2 SE 1/4;
Section 5-(The Cove);
Section 7-W 1/2 SE 1/4;
Section 9-SE 1/4 SE 1/4;
Section 11-W 1/2 W 1/2;
Section 17-S 1/2 SE 1/4;
Section 19-NW 1/4, N 1/2 SW 1/4; and
Section 29-N 1/2 SW 1/4.
κ1971 Statutes of Nevada, Page 2287 (FILE NUMBER 93, SCR 24)κ
T. 19 N., R. 26 E., M.D.B. & M.:
Public:
Section 34-All, except right-of-way of U.S. Highway 50;
Section 32-E 1/2 SE 1/4, except right-of-way of U.S. Highway 50; and
Section 33-E 1/2, SW 1/4, SE 1/4 NW 1/4, except right-of-way of U.S. Highway 50.
________
Senate Concurrent Resolution No. 29Committee on Judiciary
FILE NUMBER 94
SENATE CONCURRENT RESOLUTIONRequesting the governor to return Senate Bill No. 501 to the senate to effect a technical amendment.
Whereas, Senate Bill No. 501 was regularly passed by both the senate and the assembly and has been enrolled and sent to the governor; and
Whereas, Senate Bill No. 501 embodies a technical error which should be corrected by amendment; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the governor is requested to return Senate Bill No. 501 to the senate for technical correction.
________
Assembly Concurrent Resolution No. 46Messrs. Jacobsen, Ashworth, Branch, Mrs. Brookman, Messrs. Bryan, Capurro, Dini, Dreyer, Miss Foote, Mrs. Frazzini, Messrs. Fry, Getto, Glaser, Hafen, Miss Hawkins, Messrs. Hilbrecht, Homer, Howard, Kean, Lauri, Lingenfelter, Lowman, May, McKissick, Mello, Olsen, Poggione, Prince, Ronzone, Schofield, Smalley, Smith, Swackhamer, Swallow, Torvinen, Valentine, Mrs. White, Messrs. Wilson, Frank Young and Roy Young
FILE NUMBER 95
ASSEMBLY CONCURRENT RESOLUTIONExpressing gratitude and appreciation to Nevada service men and women.
Whereas, The Armed Forces of the United States are the defenders of freedom, liberty and democracy of this great nation and much of the world; and
Whereas, Their sacrifices and devotion to the common cause of preserving and protecting the heritage of democracy enables their countrymen to live in peace and dignity at home; and
Whereas, Thousands of Americans have given the last full measure of devotion so that generations yet unborn might live in peace and freedom; and
Whereas, The noisy few who have not experienced the armed repression of tyrannical governments either here or abroad, having known only the safety, rights and privileges guaranteed by those who have served their country, continually question patriotism and fidelity to the United States of America, its constitution and its laws; and
κ1971 Statutes of Nevada, Page 2288 (FILE NUMBER 95, ACR 46)κ
country, continually question patriotism and fidelity to the United States of America, its constitution and its laws; and
Whereas, It seems appropriate and fitting for the rest of Americans, and particularly Nevadans, to express their gratitude, their appreciation and their concern for all Nevadans serving in the Armed Forces; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That this 56th session of the Nevada legislature, speaking for its members and the people of the State of Nevada, commends all Nevada service men and women and wants them to know that their sacrifices are appreciated and have not gone unnoticed; and be it further
Resolved, That our affection, our gratitude and our prayers are with them wherever they may be in the service of their country and of all of its citizens; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to the Department of the Military of the State of Nevada for further distribution as the adjutant general may deem appropriate.
________
Assembly Concurrent Resolution No. 13Committee on Health and Welfare
FILE NUMBER 96
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to conduct a study of the welfare laws of the State of Nevada and report and recommend corrective revision to the next regular session of the legislature.
Whereas, The tremendous growth in the population of the State of Nevada has resulted in increased demands on the programs, services and facilities of the state; and
Whereas, In order to meet such demands, it is necessary to provide for more efficient and effective administration of such programs, services and facilities in the interest of all of the people of the State of Nevada; and
Whereas, The efficient and effective administration of a comprehensive and adequate program of economic aid to the citizens of this state who are qualified recipients has become a matter of vital interest to the state; and
Whereas, The present laws of the State of Nevada relating to economic aid and welfare are inadequate and do not meet the needs of the state; and
Whereas, Many federally funded programs of assistance for economic aid and welfare are available to the several states; and
Whereas, Due to the inadequacy in the scope and language of the present laws of this state, the state is unable to meet the needs of its citizens through full participation in and utilization of such federally funded programs of assistance; and
Whereas, The legislature recognizes the immediate need for a complete study to be conducted of such laws; now, therefore, be it
κ1971 Statutes of Nevada, Page 2289 (FILE NUMBER 96, ACR 13)κ
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to conduct a complete study of all of the laws of this state relating to economic aid and welfare, and especially those concerning the states participation in and utilization of federally funded programs of assistance, and to report the results of such study and make recommendations for corrective revision of such laws, for the purpose of more fully meeting the needs of the citizens of this state, to the 57th session of the legislature of the State of Nevada.
________
Assembly Concurrent Resolution No. 20Committee on Elections
FILE NUMBER 97
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the election laws of the state.
Whereas, The election laws of the State of Nevada are the result of piecemeal amendments through the years; and
Whereas, Such laws are in need of clarification and complete revision; and
Whereas, Such laws are particularly insufficient to deal with the problems encountered in the use of voting machines; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to make a study of the election laws of the State of Nevada, enlisting in such study the aid of two county election officials and two members of the public familiar with the election laws, from any four counties in the state, and to report the results of that study and recommend any appropriate legislation to the 57th session of the legislature of the State of Nevada.
________
Assembly Concurrent Resolution No. 25Messrs. Torvinen, Lowman, Smith, Lingenfelter, Frank Young, Wilson, Mrs. Frazzini, Messrs. Glaser, Roy Young, Ronzone, Homer, Getto, Howard and Mello
FILE NUMBER 98
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the legislative rules.
Whereas, It has become apparent that the efficiency of the legislature of the State of Nevada suffers because the senate and assembly convene at different hours on legislative days and the corresponding committees of the two houses do not meet at similar times; and
Whereas, It sometimes becomes necessary for senators and assemblymen to leave the floor of their houses during times when measures are being voted on to attend committee meetings of the other house; and
κ1971 Statutes of Nevada, Page 2290 (FILE NUMBER 98, ACR 25)κ
Whereas, It is frequently impossible to schedule joint meetings of corresponding committees of the senate and assembly for the purpose of considering major 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 make a study of the standing rules of the senate and the assembly and the joint rules of the senate and the assembly and to report and recommend to the 57th session of the legislature changes in such rules which will increase the efficiency of the legislature.
________
Assembly Concurrent Resolution No. 39Messrs. Lowman, Smith, Frank Young, Wilson, Ronzone, Hafen and Swallow
FILE NUMBER 99
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the problem of conflicts of interest at all levels of government and to make a report of the results of the study and recommendations for proposed legislation to the next regular session of the legislature.
Whereas, There is a crisis of confidence in government and in the established institutions of our land; and
Whereas, The survival of this democracy rests not upon force but upon consensus which results when the people have continued faith and confidence in the integrity and judgment of their public officers and employees at all levels of government; and
Whereas, Public officers and employees are the servants and agents of the people who are bound by the constitution of this great state to enact, execute and interpret the laws for the protection, security and benefit of the people; and
Whereas, The faith and confidence of the people in their government and institutions is jeopardized whenever public officers and employees are involved in conflicts between their private interests and those of the general public whom they serve; and
Whereas, Public officers and employees in the State of Nevada are presently without adequate guidelines for separating their roles as private citizens from their roles as public servants, and the laws regarding conflict of interest are an uncoordinated patchwork; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is directed to make a study of the important problem of conflicts of interest in all levels of government, including the legislature of the State of Nevada, and to report the results of such study and any recommendations for proposed legislation to the 57th session of the legislature.
________
κ1971 Statutes of Nevada, Page 2291κ
Assembly Joint Resolution No. 33Mrs. Brookman, Messrs. Bryan, Smalley, Lingenfelter, Smith, Lauri, Mrs. Frazzini, Messrs. Homer, Getto, Howard, Kean, Ashworth, Valentine, Hafen, Mello, Fry, Dini, Prince, McKissick and Jacobsen
FILE NUMBER 100
ASSEMBLY JOINT RESOLUTIONMemorializing the United States Bureau of Indian Affairs to seek appropriations for and to build a new multipurpose gymnasium building at the Stewart Indian School.
Whereas, The Stewart Indian School is a home and an educational and cultural center for Indians of many tribes throughout the West; and
Whereas, The Stewart Indian School is the focal point of this interface between two cultures trying to increase their mutual understanding through cultural exchanges and other programs; and
Whereas, There is an unequivocal need for a multipurpose building, worthy of pride, in which to hold sports events, assemblies, concerts, stage productions and other presentations, and to which the public could be invited; and
Whereas, The present gymnasium was built in 1938 to serve far fewer students than are presently enrolled and will, in fact, not even seat two-thirds of the present student body of 600, much less provide adequate room for visitors; and
Whereas, The Stewart Indian School is a charter member of the Nevada Interscholastic Activities Association sponsoring activities in football, basketball, wrestling, tract, golf, tennis, baseball, gymnastics, music, speech and debate, and yet the present gymnasium is inadequate in every way to accommodate most of the major activities; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the members of Nevadas congressional delegation are hereby memorialized to urge the Bureau of Indian Affairs of the United States Department of the Interior to ask for appropriations for and to build a new multi-purpose gymnasium building at the Stewart Indian School, near Carson City, Nevada; and be it further
Resolved, That copies of this resolution be prepared by the legislative counsel and dispatched forthwith to the presiding officer of each house of the United States Congress, to the director of the Bureau of Indian Affairs and to each member of the Nevada congressional delegation.
________
Assembly Joint Resolution No. 40Committee on Environment and Public Resources
FILE NUMBER 101
ASSEMBLY JOINT RESOLUTIONMemorializing the Congress of the United States to institute programs to reforest America.
Whereas, The first Americans once gazed upon vast, inspiring forests that seemed unending; and
Whereas, Over many years our ancestors cleared and otherwise used up much of this great reservoir of timber, wildlife and recreation; and
κ1971 Statutes of Nevada, Page 2292 (FILE NUMBER 101, AJR 40)κ
Whereas, Each tree planted is a small oxygen factory, erosion preventative, source of natural fertilizer and humus and home for wildlife; and
Whereas, Each tree planted can beautify rural and urban America; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the members of Nevadas congressional delegation are hereby memorialized to urge the Congress of the United States to institute programs to:
1. Reforest federally owned land capable of being reforested.
2. Assist the several states to reforest state lands.
3. Provide additional incentives to reforest privately owned lands.
4. Plant more trees in urban areas.
5. Coordinate certain federal projects for reforestation with industrial needs for lumber, and to preserve other areas for recreational uses; and be it further
Resolved, That the legislative counsel prepare and transmit copies of this resolution to the presiding officer of each house of the United States Congress, the members of the Nevada congressional delegation and to Representative Wendell Wyatt, Congressman from Oregon.
________
Senate Joint Resolution No. 26Senator Titlow
FILE NUMBER 102
SENATE JOINT RESOLUTIONRequesting the United States Forest Service to close certain lands to vehicle access.
Whereas, The forest lands of our state are increasingly becoming shorn of their beauty by the incessant march of vehicles with their paths scarring the forest slopes; and
Whereas, There exist certain lands in Nye County that may be saved from this onslaught and preserved for public recreation by immediate action; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the United States Forest Service of the United States Department of Agriculture is hereby requested to take whatever steps may be necessary to assure that the lands located in the Toiyabe Range situated in Nye County, between Smokey Valley and Reese River Valley and bounded on the north by Last Chance Canyon, on the east by Indian Creek, on the south by Jett Canyon and on the west by the boundary of the Toiyabe Range, are closed to vehicular traffic; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the Secretary of Agriculture of the United States.
________
κ1971 Statutes of Nevada, Page 2293κ
Senate Joint Resolution No. 2Senators Young, Hecht and Fransway
FILE NUMBER 103
SENATE JOINT RESOLUTIONMemorializing the Congress to amend the federal mining laws to prevent abuses by speculators.
Whereas, By An act to promote the development of the mining resources of the United States, 17 Stat. 91, the Congress of the United States on May 10, 1872, made available all valuable mineral deposits in federal lands for exploration and purchase; and
Whereas, Certain speculators have taken improper advantage of such Act of Congress and are filing large numbers of mining claims without following proper locating procedures; and
Whereas, Although most of such claims may be proven to be invalid, they create a cloud of title for valid locators; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature of the State of Nevada urges the Congress of the United States to amend An act to promote the development of the mining resources of the United States, 17 Stat. 91, and other related acts to prevent further abuse thereof by speculators; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the President of the Senate, to the Speaker of the House of Representatives, to all members of the Nevada congressional delegation and to the Secretary of the United States Department of the Interior.
________
Senate Concurrent Resolution No. 14Committee on Legislative Function
FILE NUMBER 104
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to study all facilities in the state for juvenile offenders.
Whereas, Recent national studies have shown the serious harm and many injustices created by inadequate facilities and provisions for juvenile offenders; and
Whereas, There are growing problems in Nevada in connection with the lack of adequate facilities for juvenile offenders; and
Whereas, Adequate provisions should be made for young offenders; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is directed to make a thorough study of the facilities and provision made for juvenile offenders in Nevada and all problems related to such facilities and provision, submit appropriate recommendations and suggested legislation to the 57th session of the Nevada legislature.
________
κ1971 Statutes of Nevada, Page 2294κ
Senate Concurrent Resolution No. 21Committee on Federal, State and Local Governments
FILE NUMBER 105
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to continue its study of municipal governments and report to the 57th session of the legislature.
Whereas, The 55th session of the legislature of the State of Nevada directed the legislative commission to study the provisions governing municipal governments in the state; and
Whereas, A subcommittee of the legislative commission visited every incorporated city in the state in the course of preparation of its report to the 56th session, and gathered a mass of information and facts regarding the problems inherent in the governments of these cities; and
Whereas, Because of limitations of time it was impossible to complete the analysis, research and bill drafting necessary to finish the entire project in time for action by the 56th session; and
Whereas, The conclusion was reached by the subcommittee that there are many facets of interrelationship between city and county affairs which should be further studied, in addition to the disposition of the more complex aspects of the municipal government study which remain; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is directed to continue its study of municipal governments in Nevada and submit appropriate additional suggestions and recommendations for necessary legislation to the 57th session of the Nevada legislature.
________
Senate Concurrent Resolution No. 28Committee on Transportation
FILE NUMBER 106
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to continue the study of highway safety and the motor vehicle laws.
Whereas, A study has been undertaken of the highway safety standards and the motor vehicle laws of this state; and
Whereas, Such standards and laws are still deficient in certain areas; and
Whereas, The Federal Highway Safety Act necessitates continuous study in order to update Nevada laws and standards relative to the use of motor vehicles and the safety of the highways of this state; and
Whereas, There have been two bills introduced in the 56th session of the legislature concerning motor vehicle inspection, and although sentiment is in favor of random inspection of motor vehicles, it is necessary to obtain assurance that such a program would be accepted by the appropriate federal authorities; and
Whereas, Further study is necessary in the areas of motor vehicle use and highway safety, especially concerning the inspection of motor vehicles; now, therefore, be it
κ1971 Statutes of Nevada, Page 2295 (FILE NUMBER 106, SCR 28)κ
and highway safety, especially concerning the inspection of motor vehicles; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is directed to continue the study of motor vehicle laws, highway safety standards and methods that may be developed concerning the inspection of motor vehicles and uniformity of city and county ordinances, retaining its subcommittee for such purpose; and be it further
Resolved, That the legislative commission is directed to report the results of such study and its recommendations to the 57th session of the legislature of the State of Nevada.
________
Assembly Joint Resolution No. 38Committee on Government Affairs
FILE NUMBER 107
[To be returned to 1973 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to amend section 6 of article 19 of the constitution, relating to limitations on the operation of the initiative.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 6 of article 19 of the constitution of the State of Nevada, be amended to read as follows:
Sec. 6. This article does not permit the proposal of any statute or statutory amendment which makes an appropriation or [otherwise requires] which has as its primary purpose the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the constitution, or otherwise constitutionally provides for raising the necessary revenue [.] or authorizes or requires the state or a political subdivision to incur a constitutionally permissible debt.
________
Assembly Concurrent Resolution No. 49Committee on Ways and Means
FILE NUMBER 108
ASSEMBLY CONCURRENT RESOLUTIONRequesting the governor to return Assembly Bill No. 754 to the assembly to effect a technical amendment.
Whereas, Assembly Bill No. 754 was regularly passed by both the assembly and the senate and has been enrolled and sent to the governor; and
Whereas, Assembly Bill No. 754 embodies a technical error which should be corrected by amendment; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the governor is requested to return Assembly Bill No. 754 to the assembly for technical correction.
________
κ1971 Statutes of Nevada, Page 2296κ
Senate Concurrent Resolution No. 30Senators Foley, Brown, Close, Gibson, Hug, Titlow, Dodge, Pozzi and Swobe
FILE NUMBER 109
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to determine methods of granting tax relief to senior citizens.
Whereas, The senior citizens of the state are burdened by fixed and limited incomes; and
Whereas, The legislature desires to determine the most feasible method for giving relief to such citizens; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to determine methods of granting tax relief to senior citizens, taking into consideration the length of residence of such citizens in the state, and to make recommendations to the 57th session of the Nevada legislature.
________
Senate Concurrent Resolution No. 31Senator Young
FILE NUMBER 110
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to study subdivision laws and related topics.
Whereas, Subdivisions are today the subject of growing concern in this state and in the United States; and
Whereas, An increasing proportion of Nevadans live in subdivisions; and
Whereas, The aesthetic and functional aspects of present subdivisions and subdivision construction are sometimes substandard; and
Whereas, Some subdivisions have been created with inadequate consideration for the environmental effects, the adequacy of water and the substantial burden placed on taxpayers for increased services; and
Whereas, Promotional schemes initiated by Nevadans as well as nonresidents often lure the unwary to financial loss in overvalued and overrated subdivision properties; and
Whereas, The need for public recreational lands often conflicts with burgeoning vacation homesite subdivisions; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is directed to make a thorough study of the present subdivision laws of the State of Nevada and their effectiveness in relation to subdivision promotional schemes, the protection of the environment and the maintenance of an equitable tax structure in the local area in which subdivisions are located and report the results of such study to the 57th session of the legislature.
________
κ1971 Statutes of Nevada, Page 2297κ
Senate Resolution No. 15Committee on Legislative Functions
FILE NUMBER 111
SENATE RESOLUTIONProviding for the appointment of senate attaches.
Resolved by the Senate of the State of Nevada, That Bernadino Havier and Betty Lou Papola are hereby elected as attaches of the senate of the 56th session of the legislature of the State of Nevada.
________
Assembly Concurrent Resolution No. 51Mr. Olsen
FILE NUMBER 112
ASSEMBLY CONCURRENT RESOLUTIONRequesting the governor to return Assembly Bill No. 352 to the assembly to effect a technical amendment.
Whereas, Assembly Bill No. 352 was regularly passed by both the assembly and the senate and has been enrolled and sent to the governor; and
Whereas, Assembly Bill No. 352 embodies a technical error which should be corrected by amendment; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the governor is requested to return Assembly Bill No. 352 to the assembly for technical correction.
________
Senate Resolution No. 16Senators Close, Dodge, Drakulich, Foley, Fransway, Gibson, Harris, Hecht, Herr, Hug, Lamb, Manning, Monroe, Pozzi, Swobe, Titlow, Walker, Wilson and Young
FILE NUMBER 113
SENATE RESOLUTIONExtending sympathy to Senator and Mrs. B. Mahlon Brown upon the death of the mother of Mrs. B. Mahlon Brown.
Whereas, The members of the Senate have learned with deep regret of the death of Ethel Stinson, mother of the wife of Senator B. Mahlon Brown; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the condolences and sincere sympathy of the members of the Senate of the 56th session of the legislature of the State of Nevada are extended to Senator and Mrs. B. Mahlon Brown and their family.
________
κ1971 Statutes of Nevada, Page 2298κ
Assembly Concurrent Resolution No. 52Committee on Judiciary
FILE NUMBER 114
ASSEMBLY CONCURRENT RESOLUTIONRequesting the governor to return Assembly Bill No. 641 to the assembly to effect a technical amendment.
Whereas, Assembly Bill No. 641 was regularly passed by both the assembly and the senate and has been enrolled and sent to the governor; and
Whereas, Assembly Bill No. 641 embodies a technical error which should be corrected by amendment; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the governor is requested to return Assembly Bill No. 641 to the assembly for technical correction.
________
Assembly Concurrent Resolution No. 53Mrs. Brookman
FILE NUMBER 115
ASSEMBLY CONCURRENT RESOLUTIONCongratulating the cast of Third House.
Whereas, The members of the 56th session of the Nevada legislature were enlightened by the Third House regarding many unsolved questions which have arisen during the several months last past; and
Whereas, The discovery of the whereabouts of Russ McDonald has allayed the fears which have crossed the worried minds of many of this body; and
Whereas, The request presented regarding the naming of a new state animal has effectively dimmed the lights shining over the mustang; and
Whereas, A touch of frivolous lampooning has always been effective in unseating those in uneasy lofty perches and causes them once again to assume their roles as citizens; and
Whereas, It is our desire that the Third House continue to bring an evening of cheer to the weary legislative participants or combatants, as the case may be, in the waning hours of each future legislative session; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the congratulations and appreciation of the 56th session of the Nevada legislature be extended to the cast of Third House; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the members of the cast of Third House of 1971.
________
κ1971 Statutes of Nevada, Page 2299κ
Assembly Joint Resolution No. 23Messrs. Capurro and Glaser
FILE NUMBER 116
[To be returned to 1973 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to amend section 1 of article 10 of the constitution of the State of Nevada, relating to rates of assessment and taxation, by authorizing the legislature to make separate assessments of agricultural and open-space real property and to provide for tax recapture for such property when converted to a higher use.
Resolved by the Assembly and Senate 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. 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 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 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. 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. 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. No inheritance or estate tax shall ever be levied, and there shall also be excepted such property as may be exempted by law for municipal, educational, literary, scientific or other charitable purposes.
________
κ1971 Statutes of Nevada, Page 2300κ
Senate Joint Resolution No. 12Senators Young, Hecht and Wilson
FILE NUMBER 117
SENATE JOINT RESOLUTIONUrging the Congress of The United States to adopt certain legislation concerning the recreational values of public lands.
Whereas, The 56th session of the Nevada legislature recognizes the great value of public lands for recreational purposes; and
Whereas, Such recreational value is demonstrated by the large number of citizens who use the public lands for a variety of recreational pursuits; and
Whereas, The recreational value of the public lands is threatened by the lack of federal legislation to protect, develop and enhance such recreational value; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the 92nd Congress of the United States is hereby memorialized to adopt legislation, embodying the provisions of Senate Bill 3389 of the 91st Congress of the United States, which will provide a basis for the protection, development and enhancement of the outdoor recreational value of the public lands:
1. Within the framework of the multiple-use management consistent with 16 U.S.C. §§ 4601-4601-3; and
2. In conformity with the statewide, outdoor recreational plans developed under 16 U.S.C. §§ 4601-4 and 4601-11; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Speaker of the House of Representatives, the President of the Senate and the members of the Nevada congressional delegation.
________
Senate Joint Resolution No. 29Senator Foley
FILE NUMBER 118
SENATE JOINT RESOLUTIONUrging the signatories of the last Geneva Convention to exert their influence in an effort to persuade the government of North Vietnam to live up to the rules of the last Geneva Convention concerning prisoners of war.
Whereas, The signatories of the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949, established a common brotherhood to insure humane treatment of prisoners of war; and
Whereas, There are more than 1,600 American servicemen classified by the United States Government as prisoners of war or missing in action in Southeast Asia; and
Whereas, The Government of North Vietnam is violating every rule adopted by the signatories of the Geneva Convention concerning the prisoners of war; and
Whereas, No nation should be allowed to ignore or disobey the rules of the Geneva Convention because if such conduct can occur against the prisoners of war of one of the signatories, it can happen to the prisoners of war of any of the other signatories; and
κ1971 Statutes of Nevada, Page 2301 (FILE NUMBER 118, SJR 29)κ
Whereas, It behooves all of the signatories of the Geneva Convention to become intermediaries between the United States Government and the Government of North Vietnam in a united effort to assure that the Government of North Vietnam complies with the rules of the Geneva Convention; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature of the State of Nevada urges the signatories of the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949, to exert their influence to persuade the government of North Vietnam to meet the following minimal conditions:
1. Release sick and injured prisoners of war immediately.
2. Treat prisoners of war more humanely.
3. Establish better communications between prisoners of war and their families.
4. Allow international inspection of prisoner of war camps.
5. Release a complete and bona fide roster of prisoners of war and the names of prisoners of war who have died.
6. Allow prisoners of war to receive mail and packages from home on a regular basis.
7. Establish a policy whereby future prisoners of war may be properly repatriated through existing organizations such as the International Red Cross.
and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the chief executive of each country which signed the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949, the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Secretary of Defense and the Speaker of the House and President of the Senate of the legislatures of each of the other 49 states.
________
Senate Concurrent Resolution No. 33Senator Fransway
FILE NUMBER 119
SENATE CONCURRENT RESOLUTIONMemorializing the late Assemblyman Theodore C. Moore.
Whereas, Theodore C. Moore, a former state assemblyman, died April 8, 1971, at the age of 59 years; and
Whereas, Mr. Moore, a native of Winnemucca, was the son of James G. Moore, a pioneer banker in Northern Nevada; and
Whereas, Mr. Moore ably served the people of Humboldt County in the 41st session of the legislature in 1943, during which time he was a member of numerous committees, including the committee on education and the committee on public health; and
Whereas, Mr. Moore was a teacher of civics and history; and
Whereas, Mr. Moore was active in civic affairs, being a past exalted ruler of the Winnemucca Elks Lodge and a member of the Fraternal Order of Eagles and the Lions Club; now, therefore, be it
κ1971 Statutes of Nevada, Page 2302 (FILE NUMBER 119, SCR 33)κ
ruler of the Winnemucca Elks Lodge and a member of the Fraternal Order of Eagles and the Lions Club; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the sincere condolences of the members of the 56th session of the legislature are extended to the surviving family of Theodore C. Moore; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the widow and children of the deceased.
________
Assembly Concurrent Resolution No. 48Messrs. Bryan, Swackhamer, Hilbrecht, McKissick and Lowman
FILE NUMBER 120
ASSEMBLY CONCURRENT RESOLUTIONRequesting the state public defender to prepare a financing plan and to submit such a plan to the next session of the legislature, providing for payment of their equitable share of the cost by the 15 counties which receive legal services from the office of the state public defender.
Whereas, The State of Nevada is desirous of having an office of state public defender to defend properly needy persons in criminal cases and in proceedings involving extradition, habeas corpus and commitment to mental institutions; and
Whereas, To that end, Assembly Bill No. 720 has been introduced in this session of the legislature; and
Whereas, Certain federal funds are available to fund partially the office and a competent staff; and
Whereas, The office of the state public defender will be used primarily in only 15 counties of the state, except in those matters involving post-conviction proceedings and appeals; and
Whereas, Only experience will enable a determination to be made as to the equitable cost which each county should bear for the operation of the office; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That, upon the creation of the office of state public defender, the state public defender be requested to prepare a financing plan and submit such a plan to the 57th session of the legislature, which plan shall provide that the 15 counties which have received the services of the office of the state public defender shall pay their equitable part of the costs of the system over and above any federal funds which are received and the cost of providing legal services for the entire state in post-conviction proceedings and appeals; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the governor, the state public defender and to the director of the department of administration of the State of Nevada.
________
κ1971 Statutes of Nevada, Page 2303κ
Assembly Concurrent Resolution No. 54Messrs. Bryan, Smith, Frank Young, Wilson, Mrs. White, Messrs. Ashworth, Ronzone, Roy Young, Lowman, May, Mrs. Brookman, Messrs. Dreyer, Schofield, Jacobsen, Swallow, Hafen, Branch, Hilbrecht, Olsen and Smalley
FILE NUMBER 121
ASSEMBLY CONCURRENT RESOLUTIONCommending Robert B. Griffith for his many years of public service.
Whereas, It is given to a few men so to live that their days upon this earth are exemplified by their charity and service to their fellow men; and
Whereas, Robert B. Griffith is one such man who has distinguished himself as a leader among men with virtually a lifetime of service to his church, his lodge, his community, his profession and his state; and
Whereas, Bob Griffith has unselfishly given of his time, energy and resources as a member of the Colorado River commission since 1957 and as chairman of that commission since 1963; and
Whereas, He served with distinction as the managing director of the Las Vegas Chamber of Commerce and as a director of the First National Bank of Nevada; and
Whereas, His untiring efforts on behalf of the causes he served are deserving of the highest praise and commendation; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That Robert B. Griffith be commended for his outstanding public service and that the gratitude and appreciation of this legislature and of the people of the State of Nevada is hereby expressed to him; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to Mr. Robert B. Griffith.
________
Senate Concurrent Resolution No. 17Senator Wilson
FILE NUMBER 122
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to conduct a study of Nevadas environmental problems.
Whereas, The people of the State of Nevada recognize and support the need for strong and equitable environmental programs and controls; and
Whereas, There may be a need for additional legislation authorizing political subdivisions of the state to take appropriate action on pollution; and
Whereas, There is a need for a state plan setting forth uniform goals and policies on environment and environmental quality; and
Whereas, Planning may serve to protect Nevadas agricultural and recreational lands and to make urban areas more desirable to live in; and
Whereas, By executive order dated February 11, 1971, the governor created an environmental council and directed it to develop environmental standards in Nevada, coordinate efforts of local, state and federal agencies, and to study environmental needs and to provide the governor with a report and recommendations, which report is to be made in concert with any report requested by the legislature on such matters, should the legislature request such a study for its own purposes; now, therefore, be it
κ1971 Statutes of Nevada, Page 2304 (FILE NUMBER 122, SCR 17)κ
standards in Nevada, coordinate efforts of local, state and federal agencies, and to study environmental needs and to provide the governor with a report and recommendations, which report is to be made in concert with any report requested by the legislature on such matters, should the legislature request such a study for its own purposes; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is directed to make a study of the environmental problems within the State of Nevada taking into consideration a systems approach which provides for a long-range environmental plan encompassing not only the existing administrative structure and control programs but evaluating the future needs of the state and how they can best be met. The legislative commission shall specifically consider, but not limit itself to considering:
1. The feasibility and desirability of a central data-collection center for all pollution data, perhaps computerized.
2. The benefits of increased monitoring of air and waters of this state.
3. The benefits of monitoring for radioactivity in areas likely to be affected by escaping radioactivity from atomic blasts or storage of wastes.
4. New equipment to monitor and abate pollution.
5. Research on pollution currently in progress at the Desert Research Institute and other institutes and universities.
6. Coordination with federal programs and compliance with federal regulations.
7. The administration and organization of the environmental protection program of this state.
8. The environmental pollution control programs of other states.
9. Standardization and regularization of test and methodology within this state and with the Federal Government.
10. Evidence of health effects from environmental pollutants; and be it further
Resolved, That the legislative commission is further directed, in making the study of environmental problems, to make a thorough investigation of the need for and feasibility of statewide land use planning, specifically considering, by way of example but not by way of limitation, the desirability of statewide planning for:
1. Placement of new, planned cities.
2. Creation of new parks and recreational facilities in urban and rural areas.
3. Placement of new highways and utility corridors.
4. New subdivisions.
5. Green-belt areas near cities.
6. Protection of open space and agricultural lands; and be it further
Resolved, That the legislative commission report the results of such directed study and investigations to the 57th session of the legislature, together with recommendations for any necessary and appropriate legislation.
________
κ1971 Statutes of Nevada, Page 2305κ
Senate Concurrent Resolution No. 37Senator Close
FILE NUMBER 123
SENATE CONCURRENT RESOLUTIONRequesting the governor to return Senate Bill No. 551 to the senate to effect a technical amendment.
Whereas, Senate Bill No. 551 was regularly passed by both the senate and the assembly and has been enrolled and sent to the governor; and
Whereas, Senate Bill No. 551 embodies a technical error which should be corrected by amendment; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the governor is requested to return Senate Bill No. 551 to the senate for technical correction.
________
Senate Joint Resolution No. 30Senators Brown, Close, Gibson, Walker, Lamb, Herr and Hecht
FILE NUMBER 124
SENATE JOINT RESOLUTIONMemorializing the Congress and the National Railroad Passenger Corporation to reevaluate the service being proposed for Nevada and provide service to Las Vegas.
Whereas, The National Railroad Passenger Corporation has issued its final route selections for railroad passenger service; and
Whereas, The route selection has failed to provide passenger service to that best-known and one of the most frequently visited cities in the nation, Las Vegas, Nevada; and
Whereas, Such an omission is not only seriously damaging to the economy of Nevada but eliminates one of the best potential sources of passenger customers; and
Whereas, This legislature believes that a proper evaluation of the needs and desires of railroad passengers would result in providing service to Las Vegas; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Congress of the United States and the National Railroad Passenger Corporation are hereby memorialized to reevaluate the decision to omit rail passenger service to Las Vegas, Nevada, and to include that city in the proposed rail passenger network; and be it further
Resolved, That copies of this resolution be prepared by the legislative counsel and transmitted forthwith to the President of the Senate and the Speaker of the House of Representatives, to the Secretary of the Department of Transportation, to the chairman of the board of directors of the National Railroad Passenger Corporation and to members of the Nevada congressional delegation.
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κ1971 Statutes of Nevada, Page 2306κ
Senate Joint Resolution No. 31Senator Fransway
FILE NUMBER 125
SENATE JOINT RESOLUTIONMemorializing the Congress of the United States to complete construction of the Lahontan Federal Fish Hatchery in the State of Nevada; to turn operation and management of the hatchery over to the appropriate department of the State of Nevada; and to fund state operation of the fish hatchery.
Whereas, The Lahontan Federal Fish Hatchery in the State of Nevada, has been partially constructed and almost completed by the Federal Government under the so-called Washoe Project; and
Whereas, The completion and future of the project remain in doubt; and
Whereas, The hatchery has thus far failed to produce cutthroat trout to stock Pyramid and Walker Lakes in the State of Nevada; and
Whereas, The State of Nevada, by and through its Nevada department of fish and game and the state board of fish and game commissioners is willing and able to take over operation and management of the fish hatchery upon completion and to give it the close attention and supervision indicated as necessary to enhance the chances of success of the project; and
Whereas, Transfer of operation would relieve the Bureau of Reclamation and the Fish and Wildlife Service of the United States of the duties, attendant upon close supervision of the hatchery, which the state bureaus are better able to perform; and
Whereas, Success of the project would be of great benefit to the people of the State of Nevada and in the economic interest of the Pyramid Indian Reservation; 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 complete construction of the Lahontan Federal Fish Hatchery in the State of Nevada, to turn operation and management of the project over to the State of Nevada through its properly designated bureau or department, and to fund such operation and management by the designated bureau or department of the state; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the President and Vice President of the United States, to the Speaker of the House of Representatives, to all members of the Nevada congressional delegation and to the chairmen of the committees of the Congress which deal with the subject of this resolution.
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κ1971 Statutes of Nevada, Page 2307κ
Senate Resolution No. 17Senators Brown, Close, Dodge, Drakulich, Foley, Fransway, Gibson, Harris, Hecht, Herr, Hug, Lamb, Manning, Monroe, Pozzi, Swobe, Titlow, Walker, Wilson and Young
FILE NUMBER 126
SENATE RESOLUTIONCommending the senate legislative interns and certain members of the University of Nevada staff who directed the program.
Whereas, A legislative internship program was instituted at the 55th session of the Nevada legislature enlisting the combined support of the legislature and the University of Nevada System; and
Whereas, The benefits of such cooperative effort insured the continuation of the program during the 56th legislative session; and
Whereas, Professors Don Driggs and James Shields of the department of political science faculty of the university have instilled in the student interns an interest in the legislative process demonstrated by the assistance given the members of this house by the participating interns; now, therefore, be it
Resolved by the Senate of the State of Nevada, That Professors Don Driggs and James Shields are to be commended for their continuing interest in the legislative internship program and the following senate legislative interns are both commended and thanked by all the senators for their manifested efforts in behalf of improved legislation: Tod Bedrosian, William Cobb, Barbara Gruenewald, Dan Klaich, John Melarkey, Gloria Petroni, Michael Rowe, John Salisbury, Ronald Schoff, J. Craig Sweeney, Louis Test, George Wendell and Randy Wright.
________
Assembly Resolution No. 30Mr. Jacobsen
FILE NUMBER 127
ASSEMBLY RESOLUTIONDesignating certain members of the assembly as regular and alternate members of the legislative commission of the legislative counsel bureau.
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 of the legislative counsel bureau to serve until their successors are designated: Messrs. Virgil Getto, Roy L. Torvinen, Zelvin D. Lowman, Joseph E. Dini, Jr., Donald R. Mello and Keith Ashworth are designated as the regular assembly members; Dr. John H. Homer is designated the alternate member for Mr. Virgil Getto; Mr. Randall V. Capurro is designated the alternate member for Mr. Roy L. Torvinen; Mr. R. J. Ronzone is designated the alternate member for Mr. Zelvin D. Lowman; Mr. Norman D. Glaser is designated the alternate member for Mr. Joseph E. Dini, Jr.; Miss Margie Foote is designated the alternate member for Mr. Donald R. Mello; and Mrs. Eileen B. Brookman is designated the alternate member for Mr. Keith Ashworth.
________
κ1971 Statutes of Nevada, Page 2308κ
Assembly Concurrent Resolution No. 55Mr. Jacobsen
FILE NUMBER 128
ASSEMBLY CONCURRENT RESOLUTIONCommending the department of state printing, its superintendent and personnel for their diligent attention to their duties connected with the 56th session of the Nevada legislature.
Whereas, The department of state printing, its superintendent and employees have performed their tasks associated with the 56th session of the legislature with efficiency, speed, diligence and care; and
Whereas, Because of the efficient operation of the department of state printing the Nevada legislature has been able to achieve an enviable national rating as an efficient and smooth-working body; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 56th session of the legislature of the State of Nevada hereby express their gratitude to and commend the superintendent and all personnel of the department of state printing for their efficient work and courteous cooperation in assisting the proceedings of the present legislative session.
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Senate Resolution No. 18Senator Harris
FILE NUMBER 129
SENATE RESOLUTIONMaking Senator Lee Walker poet laureate of the Senate.
Whereas, Rhyme and reason go hand in hand oer the mountains, seas and the land; and
Whereas, Senator Walker has many a time linked considerable reason with his rhyme; and
Whereas, As a freshman senator Lee has showed facilities for jest and wisdom that have glowed; now, therefore, be it
Resolved by the Senate of the State of Nevada, That Senator Walker should be from where were at designated Senate Poet Laureate.
________
Senate Resolution No. 19Senators Brown, Close, Dodge, Drakulich, Foley, Fransway, Gibson, Harris, Hecht, Herr, Hug, Lamb, Manning, Monroe, Pozzi, Swobe, Titlow, Walker, Wilson and Young
FILE NUMBER 130
SENATE RESOLUTIONDesignating certain members of the senate as members of the legislative commission of the legislative counsel bureau.
Resolved by the Senate of the State of Nevada, That pursuant to the provisions of NRS 218.660, Senators B. Mahlon Brown, James I. Gibson, Emerson F. Titlow, Carl F. Dodge, John Fransway and Clifton Young be, and they hereby are, designated as the regular senate members; Senators Warren L.
κ1971 Statutes of Nevada, Page 2309 (FILE NUMBER 130, SR 19)κ
be, and they hereby are, designated as the regular senate members; Senators Warren L. Monroe and Archie Pozzi be, and they hereby are, designated as the first alternate senate members; Senators Thomas R. C. Wilson and Coe Swobe be, and they hereby are, designated as the second alternate senate members; and Senators Melvin D. Close, Jr. and Chic Hecht be, and they hereby are, designated as the third alternate senate members of the legislative commission of the legislative counsel bureau, to serve until their successors are designated.
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Senate Resolution No. 20Committee on Legislative Functions
FILE NUMBER 131
SENATE RESOLUTIONAuthorizing the payment of a per diem expense allowance from the legislative fund to the secretary of the senate.
Resolved by the Senate of the State of Nevada, That pursuant to the provisions of NRS 218.235, when a proper claim is filed with the director of the legislative counsel bureau and approved by him pursuant to law, there shall be paid to the secretary of the senate, Leola H. Armstrong, from the legislative fund the sum of $1,200 as a per diem expense allowance for the 56th session of the legislature.
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Senate Concurrent Resolution No. 34Committee on Legislative Functions
FILE NUMBER 132
SENATE CONCURRENT RESOLUTIONCommending the news media for its coverage of the 56th session of the Nevada legislature.
Whereas, The news coverage of the 56th session of the legislature of the State of Nevada has been accurate and thorough; and
Whereas, The newsmen and radio and television reporters assigned to the legislative building have been courteous and helpful in their relations with the members of the legislature and objective in their reporting of the activities of the legislature; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 56th session of the legislature of the State of Nevada hereby commend all members of the staffs of the various news media who reported the activities of the 56th session of the legislature with accuracy and objectivity.
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κ1971 Statutes of Nevada, Page 2310κ
Senate Concurrent Resolution No. 35Committee on Legislative Functions
FILE NUMBER 133
SENATE CONCURRENT RESOLUTIONExpressing the appreciation of the 56th session of the Nevada legislature for the courtesies extended to its members by Carson City and its board of supervisors.
Whereas, The board of supervisors of Carson City has afforded to the members of the legislature at this 56th session free parking privileges within the corporate limits of Carson City; and
Whereas, The members of this session of the legislature appreciate this act of cooperation so graciously extended to them; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 56th session of the legislature of the State of Nevada express their appreciation to Carson City and its board of supervisors for the courtesies extended; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to the board of supervisors of Carson City.
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Assembly Resolution No. 31Mr. Jacobsen
FILE NUMBER 134
ASSEMBLY RESOLUTIONAuthorizing the payment of a per diem expense allowance from the legislative fund to the chief clerk of the assembly.
Resolved by the Assembly of the State of Nevada, That pursuant to the provisions of NRS 218.237, when a proper claim is filed with the director of the legislative counsel bureau and approved by him pursuant to law, there shall be paid to the chief clerk of the assembly, Theresa Loy, from the legislative fund the sum of $1,200 as a per diem expense allowance for the 56th session of the legislature.
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Assembly Concurrent Resolution No. 57Mr. Jacobsen
FILE NUMBER 135
ASSEMBLY CONCURRENT RESOLUTIONProviding for the compensation of certain persons for services rendered to the 56th 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 legislature; and
Whereas, A reasonable compensation for such services is the sum of $1,390; 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 $1,390 out of the legislative fund to the following-named individuals in the respective amounts designated, as compensation for religious services rendered during the 56th session of the Nevada legislature: Father Robert G.
κ1971 Statutes of Nevada, Page 2311 (FILE NUMBER 135, ACR 57)κ
of $1,390 out of the legislative fund to the following-named individuals in the respective amounts designated, as compensation for religious services rendered during the 56th session of the Nevada legislature: Father Robert G. Pumphrey, the sum of $450; The Rev. Mr. C. Harold Van Zee, the sum of $320; The Rev. Mr. Willard E. Banghart, the sum of $240; Father Thomas J. Connolly, the sum of $210; Father Harold Veiagas, the sum of $70; Rabbi Bernard Herzig, the sum of $25; The Rev. Mr. Gerald St. John, the sum of $25; The Rev. Mr. Howard Gloyd, the sum of $25; The Rev. Mr. Douglas Thunder, the sum of $25.
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Assembly Concurrent Resolution No. 58Mr. Swackhamer and Mrs. Brookman
FILE NUMBER 136
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the methods employed by the state planning board in effecting capital improvements.
Whereas, The legislature of the State of Nevada annually appropriates millions of dollars to effect state capital improvements; and
Whereas, The state planning board is designated the arm of state government in causing such improvements to reach fruition; and
Whereas, The legislature in making appropriations for specific improvements is expressing its intent that such improvement be completed within the limits of the appropriations; and
Whereas, All too often the legislature is requested to supplement such appropriations in order for certain projects to be functional; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is directed to study the methods employed by the state planning board in effecting capital improvements funded by the legislature to discover methods that should be adopted by such board in complying with legislative intent and report the results of such study to the 57th session of the Nevada legislature.
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Assembly Joint Resolution No. 31Mr. Torvinen
FILE NUMBER 137
[To be returned to 1973 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to change the states constitution to create a criminal court of appeals, by amending article 6 of the constitution in its entirety and section 3 of article 7.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That article 6 in its entirety and section 3 of article 7 of the constitution of the State of Nevada be amended, respectively, as follows:
κ1971 Statutes of Nevada, Page 2312 (FILE NUMBER 137, AJR 31)κ
Section. 1. The Judicial power of this State shall be vested in a Supreme Court, Criminal Court of Appeals, District Courts, and in Justices of the Peace. The Legislature may also establish Courts for municipal purposes only in incorporated cities and towns.
[Sec:] Sec. 2. The Supreme Court shall consist of a Chief Justice and two Associate Justices, a majority of whom shall constitute a quorum; Provided, that the Legislature by a majority of all the members elected to each branch thereof may provide for the election of two additional Associate Justices, and if so increased three shall constitute a quorum. The concurrence of a Majority of the whole Court shall be necessary to render a decision.
[Sec:] Sec. 3. The Justices of the Supreme Court, shall be elected by the qualified electors of the State at the general election, and shall hold office for the term of Six Years from and including the first Monday of January next succeeding their election; Provided, that there shall be elected, at the first election under this Constitution, Three Justices of the Supreme Court who shall hold Office from and including the first Monday of December AD. Eighteen hundred and Sixty four, and continue in Office thereafter, Two, Four and Six Years respectively, from and including the first Monday of January next succeeding their election. They shall meet as soon as practicable after their election and qualification, and at their first meeting shall determine by lot, the term of Office each shall fill, and the Justice drawing the shortest term shall be Chief Justice, and after the expiration of his term, the one having the next shortest term shall be Chief Justice, after which the Senior Justice in Commission shall be Chief Justice; and in case the commission of any two or more of said Justices shall bear the same date, they shall determine by lot, who shall be Chief Justice.
[Section] Sec. 4. The supreme court shall have appellate jurisdiction in all cases in equity; also in all cases at law in which is involved the title, or the right of possession to, or the possession of, real estate or mining claims, or the legality of any tax, impost, assessment, toll or municipal fine, or in which the demand (exclusive of interest) or the value of the property in controversy, exceeds three hundred dollars; also in all other civil cases not included in the general subdivisions of law and equity, [and also on questions of law alone in all criminal cases in which the offense charged is within the original jurisdiction of the district courts.] and may, in its discretion, hear appeals from the criminal court of appeals on a writ of certiorari. The court shall also have power to issue writs of mandamus, certiorari, prohibition, quo warranto, and habeas corpus and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. [Each of the justices shall have power to issue writs of habeas corpus to any part of the state, upon petition by, or on behalf of, any person held in actual custody, and may make such writs returnable, before himself or the supreme court, or before any district court in the state or before any judge of said courts.]
In case of the disability or disqualification, for any cause, of the chief justice or either of the associate justices of the supreme court, or any two of them, the governor is authorized and empowered to designate any district judge or judges to sit in the place or places of such disqualified or disabled justice or justices, and said judge or judges so designated shall receive their actual expense of travel and otherwise while sitting in said supreme court.
κ1971 Statutes of Nevada, Page 2313 (FILE NUMBER 137, AJR 31)κ
receive their actual expense of travel and otherwise while sitting in said supreme court.
Sec. 5. The justices of the criminal court of appeals shall be elected by the qualified electors of the state at a general election, and shall hold office for the term of 6 years from and including the 1st Monday of January next succeeding their election; but three justices shall be elected at the first general election after the adoption of this amendment to the constitution and continue in office thereafter for 2, 4 and 6 years, respectively, from and including the 1st Monday of January next succeeding their election. They shall meet as soon as practicable after their election and qualification, and at their first meeting shall determine by lot the term of office each shall fill, and the justice drawing the shortest term shall be chief justice, and after the expiration of his term, the one having the next shortest term shall be chief justice, after which the senior justice in commission shall be chief justice, and in case the commission of any two or more of such justices bears the same date, they shall determine by lot who shall be chief justice.
Sec. 6. The criminal court of appeals shall have appellate jurisdiction of all criminal appeals, all writs of habeas corpus, and appeals from writs of habeas corpus arising in cases where criminal charges are pending. Each of the justices shall have the power to issue writs of habeas corpus to any part of the state, upon petition by, or on behalf of, any person held in actual custody, and make such writs returnable, before himself or the criminal court of appeals, or before any district court in the state or before any judge of a district court.
The court shall hear and decide all appeals and all matters involving a writ of habeas corpus in the manner provided by law.
The courts decision shall be final except in those cases where the supreme court decides to grant a writ of certiorari.
In case of the disability or disqualification, for any cause, of the chief justice or either of the associate justices of the criminal court of appeals, or any two of them, the governor is authorized and empowered to designate any district judge or judges to sit in the place or places of such disqualified or disabled justice or justices, and the judge or judges so designated shall receive their actual expense of travel and otherwise while sitting in the criminal court of appeals.
[Sec: 5.] Sec. 7. The State is hereby divided into 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.
κ1971 Statutes of Nevada, Page 2314 (FILE NUMBER 137, AJR 31)κ
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 four 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.
[Sec: 6.] Sec. 8. The District Courts in the several Judicial Districts of this State shall have original jurisdiction in all cases in equity; also in all cases at law which involve the title or the right of possession to, or the possession of real property, or Mining claims, or the legality of any tax, impost, assessment, toll or municipal fine, and in all other cases in which the demand (exclusive of interest) or the value of the property in controversy, exceeds Three Hunderd Dollars, also in all cases relating to the estates of deceased persons, and the persons and estates of Minors and insane persons, and of the action of forcible entry and unlawful detainer; and also in all criminal cases not otherwise provided for by law; 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.
[Sec: 7.] Sec. 9. The times of holding the Supreme Court, the Criminal Court of Appeals and District Courts shall be as fixed by law. The terms of the Supreme Court and the Criminal Court of Appeals shall be held at the seat of Government; and the terms of the District Courts shall be held at the County seats of their respective counties; Provided, that in case any county shall be hereafter divided into two or more districts, the Legislature may by law, designate the places of holding Courts in such Districts.
[Sec: 8.] Sec. 10. The Legislature shall determine the number of Justices of the Peace to be elected in each city and township of the State, and shall fix by law their powers, duties and responsibilities, Provided, that such Justices Courts shall not have jurisdiction of the following cases, Viz: First, of cases in which the matter in dispute is a money demand, or personal property, and the amount of the demand (exclusive of interest) or the value of the property exceeds Three Hundred Dollars; Second, of cases wherein the title to real estate, or mining claims, or questions of boundaries to land, is or may be involved; or of cases that in any manner shall conflict with the jurisdiction of the several courts of Record in this State; And Provided further, that Justices Courts shall have such criminal jurisdiction as may be prescribed by law; and the Legislature may confer upon said courts jurisdiction concurrent with the District Courts, of actions to enforce Mechanics liens, wherein the amount (exclusive of interest) does not exceed Three hundred dollars; and also of Actions for the possession of lands and tenements where the relation of Land lord and Tenant exists, or when such possession has been unlawfully or fraudulently obtained or with-held.
κ1971 Statutes of Nevada, Page 2315 (FILE NUMBER 137, AJR 31)κ
or the value of the property exceeds Three Hundred Dollars; Second, of cases wherein the title to real estate, or mining claims, or questions of boundaries to land, is or may be involved; or of cases that in any manner shall conflict with the jurisdiction of the several courts of Record in this State; And Provided further, that Justices Courts shall have such criminal jurisdiction as may be prescribed by law; and the Legislature may confer upon said courts jurisdiction concurrent with the District Courts, of actions to enforce Mechanics liens, wherein the amount (exclusive of interest) does not exceed Three hundred dollars; and also of Actions for the possession of lands and tenements where the relation of Land lord and Tenant exists, or when such possession has been unlawfully or fraudulently obtained or with-held. The Legislature shall also prescribe by law the manner, and determine the cases in which appeals may be taken from Justices and other courts. The Supreme Court, the District Courts, and such other Courts, as the Legislature shall designate, shall be Courts of Record.
[Sec: 9.] Sec. 11. 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.
[Sec: 10] Sec. 12. No Judicial Officer, except Justices of the Peace and City Recorders shall receive to his own use any fees or perquisites of Office[.]
Sec. [11.] 13. The justices of the supreme court, Criminal Court of Appeals and the district judges shall be ineligible to any office, other than a judicial office, during the term for which they shall have been elected or appointed; and all elections or appointments of any such judges by the people, legislature, or otherwise, during said period, to any office other than judicial, shall be void.
[Sec: 12.] Sec. 14. Judges shall not charge juries in respect to matters of fact, but may state the testimony and declare the law.
[Sec: 13.] Sec. 15. The style of all process shall be The State of Nevada and all prosecutions shall be conducted in the name and by the authority of the same.
[Sec: 14.] Sec. 16. There shall be but one form of civil action, and law and equity may be administered in the same action.
[Sec: 15.] Sec. 17. The Justices of the Supreme Court, Criminal Court of Appeals 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 years revenue a sufficient amount of Money, to pay such compensation.
[Sec: 16.] Sec. 18. The Legislature at its first Session, and from time to time thereafter shall provide by law, that upon the institution of each civil action, and other proceedings, and also upon the perfecting of an appeal in any civil action or proceeding, in the several Courts of Record in this State, a special Court fee, or tax shall be advanced to the Clerks of said Courts, respectively by the party or parties bringing such action or proceeding, or taking such appeal and the money so paid in shall be accounted for by such Clerks, and applied towards the payment of the compensation of the Judges of said Courts, as shall be directed by law.
κ1971 Statutes of Nevada, Page 2316 (FILE NUMBER 137, AJR 31)κ
said Courts, respectively by the party or parties bringing such action or proceeding, or taking such appeal and the money so paid in shall be accounted for by such Clerks, and applied towards the payment of the compensation of the Judges of said Courts, as shall be directed by law.
[Sec: 17.] Sec. 19. The Legislature shall have no power to grant leave of absence to a Judicial Officer, and any such Officer who shall absent himself from the State for more than Ninety consecutive days, shall be deemed to have vacated his Office[.]
[Sec: 18.] Sec. 20. No Judicial Officer shall be superceeded [superseded] nor shall the Organization of the several Courts of the Territory of Nevada be changed until the election and qualification of the several Officers provided for in this article[.]
[Sec: 3.] Sec. 3. For any reasonable cause to be entered on the journals of each House, which may, or may not be sufficient grounds for impeachment, the Chief Justice and Associate Justices of the Supreme Court, Chief Justice and Associate Justices of the Criminal Court of Appeals and Judges of the District Courts shall be removed from Office on the vote of two thirds of the Members elected to each branch of the Legislature, and the Justice or Judge complained of, shall be served with a copy of the complaint against him, and shall have an opportunity of being heard in person or by counsel in his defense, Provided, that no member of either branch of the Legislature shall be eligible to fill the vacancy occasioned by such removal.
And be it further resolved, That if article 6 of the Nevada constitution is amended before this resolution is agreed to and passed by the next session of the legislature, article 6 be amended as follows:
ARTICLE 6
Judicial Department
Section 1. The judicial power of this state is vested in a unified court system, comprising a supreme court, a criminal court of appeals, a district court and county courts. The legislature may provide by law for:
1. The creation and modification from time to time of geographical divisions within the district court.
2. The assignment of one or more judges of the district court to one or more specialized functions, throughout the district court or in one or more divisions.
3. The appointment or election of justices of the peace to serve as magistrates of any one or more county courts.
Sec. 2. 1. The supreme court consists of the chief justice and two or more associate justices, as may be provided by law. In increasing or diminishing the number of associate justices, the legislature shall provide for the arrangement of their terms so that an equal number of terms, as nearly as may be, expire every 2 years.
2. The legislature may provide by law:
(a) If the court consists of more than five justices, for the hearing and decision of cases by panels of no fewer than three justices, the resolution by the full court of any conflicts between decisions so rendered, and the kinds of cases which must be heard by the full court.
κ1971 Statutes of Nevada, Page 2317 (FILE NUMBER 137, AJR 31)κ
by the full court of any conflicts between decisions so rendered, and the kinds of cases which must be heard by the full court.
(b) For the places of holding court by panels of justices if established, and by the full court.
3. The justices of the supreme court shall elect one of themselves to be chief justice for a term of 3 years, beginning on the 1st Monday of January in the appropriate years. A vacancy shall be filled for the unexpired term. In making their election, the justices shall consider fitness for the duties prescribed by section 8 of this article. A chief justice shall not succeed himself.
Sec. 3. 1. When a vacancy occurs for any reason in the supreme court or criminal court of appeals or among the judges of the district court or county courts, the governor shall appoint a justice or judge from among three nominees selected for such individual vacancy by the commission on judicial selection.
2. The justices of the criminal court of appeals shall serve 6-year terms, except that the first justices who are appointed after this amendment becomes effective shall serve terms of 2, 4 and 6 years, respectively. They shall meet as soon as practicable after their appointment, and at their first meeting shall determine by lot the term of office each shall fill. The justice drawing the shortest term shall be chief justice, and after the expiration of his term, the one having the next shortest term shall be chief justice, after which the justice having the longest term shall be chief justice. Thereafter, in case the appointment of any two or more of the justices occurs on the same date, they shall determine by lot who shall be chief justice.
3. Each nomination for the supreme court and the criminal court of appeals shall be made by the permanent commission, composed of:
(a) The chief justice or an associate justice designated by him;
(b) Three 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.
[3.] 4. Each nomination for the district court or a county court shall be made by a temporary commission composed of:
(a) The permanent commission;
(b) A member of the State Bar of Nevada resident in the geographical division, if any, in which the vacancy occurs, appointed by the board of governors of the State Bar of Nevada; and
(c) A resident of such division, if any, not a member of the legal profession, appointed by the governor.
[4.] 5. The term of office of each appointive member of the permanent 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. The additional members of a temporary commission shall be appointed when a vacancy occurs, and their terms shall expire when the nominations for such vacancy have been transmitted to the governor.
κ1971 Statutes of Nevada, Page 2318 (FILE NUMBER 137, AJR 31)κ
[5.] 6. An appointing authority shall not appoint to the permanent commission more than:
(a) One resident of any county.
(b) Two members of the same political party.
No member of the permanent commission may be a member of the commission on judicial discipline.
[6.] 7. After the expiration of 30 days from the date on which the committee on judicial selection has delivered to him its list of nominees for any vacancy, if the governor has not made the appointment required by this section, he shall make no other appointment to any public office until he has appointed a justice or judge from the list submitted.
Sec. 4. 1. The initial term of office of each judge of the district court appointed pursuant to section 3 of this article expires on the 1st Monday of January next following the first general election held after the year in which such judge was appointed. The initial term of office of each justice of the supreme court and of the criminal court of appeals so appointed expires at the end of the full term of the justice whom he succeeds. The term of office of each justice or judge who succeeds himself is 6 years, beginning and ending on the 1st Monday of January in the respectively appropriate years.
2. Each justice of the supreme court and of the criminal court of appeals who desires to succeed himself shall, on or before July 1 next preceding the expiration of his term of office, declare his candidacy in a manner which shall be provided by law. With respect to each justice who so declares, the question shall be presented at the next general election, in a form which shall be provided by law, whether such justice shall succeed himself. If a justice does not declare his candidacy, or if a majority of the votes cast on the question are cast against his succeeding himself, a vacancy is created at the expiration of his term which shall be filled by appointment pursuant to section 3 of this article.
3. Except when a judge is appointed to fill a vacancy:
(a) District judges shall be elected by the registered voters of the respective geographical divisions of the district court.
(b) Judges of the county courts shall be elected by the registered voters of the respective counties.
Sec. 5. No justice or judge may be removed from office by any alteration of the number of justices of the supreme court or judges of the district court, or by any alteration of a geographical division. The salary of a justice or judge shall not be diminished during his term of office. No justice or judge, during his tenure as such, is eligible for election or appointment to any nonjudicial office.
Sec. 6. 1. A justice of the supreme court, a justice of the criminal court of appeals or a judge of the district court or a county court may, in addition to the provision of article 7 for impeachment, 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 or judges appointed by the supreme court;
κ1971 Statutes of Nevada, Page 2319 (FILE NUMBER 137, AJR 31)κ
(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. 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 county. The governor shall not appoint more than two members of the same political party. No member may be a member of the permanent commission on judicial selection.
4. The supreme court 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 conduct of investigations and hearings.
5. 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.
6. 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 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.
7. 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 judge of the district court or a county court, no judge from the same geographical division of the district court 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.
8. The commission may:
(a) Designate for each hearing an attorney or attorneys at law to act as counsel to conduct the proceeding;
κ1971 Statutes of Nevada, Page 2320 (FILE NUMBER 137, AJR 31)κ
(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.
Sec. 7. 1. The legislature shall provide by law the limits of the jurisdiction of the county courts, according to the amount in controversy, the nature of the case, the penalty provided, or any combination of these.
2. The district court has original jurisdiction of all matters judicial in nature outside the jurisdiction of the county courts, and final appellate jurisdiction of appeals from the county courts, as the legislature shall provide by law. The special jurisdiction of judges assigned to specialized functions shall be provided by law.
3. An action properly brought in one geographical division of the district court may be transferred to another division under such conditions as the legislature may provide by law.
4. The criminal court of appeals shall have appellate jurisdiction of all criminal appeals, all writs of habeas corpus and appeals from writs of habeas corpus arising in cases where criminal charges are pending. Each of the justices shall have the power to issue writs of habeas corpus to any part of the state, upon petition by, or on behalf of, any person held in actual custody, and make such writs returnable, before himself or the criminal court of appeals, or before any district court in the state or before any judge of a district court.
5. The court shall hear and decide all appeals and all matters involving a writ of habeas corpus in the manner provided by law. The courts decision shall be final except in those cases where the supreme court decides to grant a writ of certiorari.
6. The supreme court has jurisdiction:
(a) Of all appeals from the criminal court of appeals as is provided by the constitution.
(b) Of all appeals from the district court, as the legislature shall provide by law.
[(b)] (c) To issue writs of mandamus, certiorari, prohibition, quo warranto and other writs appropriate to the exercise of its appellate jurisdiction and of its supervisory power over the court system.
[(c)] (d) To answer a question of law certified to it by a court of another jurisdiction, under such conditions as the legislature may provide by law or the supreme court may provide by rule not inconsistent with any such law.
[5.] 7. A justice of the [supreme court] criminal court of appeals may issue writs of habeas corpus to any part of the state, and may make such writs returnable before him or before any established division or judge of the district court, or established panel within the supreme court.
[6.] 8. The legislature may provide by law for the trial and punishment of offenses in the militia.
κ1971 Statutes of Nevada, Page 2321 (FILE NUMBER 137, AJR 31)κ
Sec. 8. 1. The chief justice is the administrative head of the court system. Subject to such rules as the supreme court may adopt, the chief justice may:
(a) Apportion the work of the supreme court among justices or panels.
(b) Assign judges of the district court to geographical divisions or specialized functions which have been established by law.
(c) Recall to active service any retired justice or judge of the court system who consents to such recall and who has not been removed or retired for cause or defeated for retention in office, and may assign him to appropriate temporary duty within the court system.
2. The supreme court may appoint an administrator of the court system and such other personnel as are appropriate to assist the chief justice in the performance of his administrative duties and to perform such other duties as may be prescribed by law or by rule of the supreme court.
3. In the absence or temporary disability of the chief justice, the associate justice who has served longest in the supreme court shall act as chief justice.
Sec. 9. 1. On the 1st Monday of January next following the approval of this article by the people, unless otherwise provided by law or rule consistent with this article and continuing until thus otherwise provided:
(a) The several justices of the peace become magistrates of the several county courts.
(b) The several judicial districts become geographical divisions of the district court, and the several district judges constitute the judges of the district court.
(c) The justices of the supreme court shall first elect a chief justice pursuant to this article.
2. Every justice of the supreme court and judge of a district court who is incumbent on the effective date of this article or who has been elected to a term of office beginning on such effective date shall be deemed to have been initially appointed pursuant to this article and shall thereafter be removed from or retained in office, and assigned to duty, pursuant to this article.
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 court shall provide by rule, for the appointment of attorneys at law to the positions designated in this article to be occupied by members of the State Bar of Nevada.
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κ1971 Statutes of Nevada, Page 2322κ
Senate Joint Resolution No. 32Senator Titlow
FILE NUMBER 138
SENATE JOINT RESOLUTIONMemorializing the Congress of the United States to pay for a study of the water problems in the Hawthorne, Nevada, area, and to make recommendations for remedying such problems.
Whereas, A need exists to study the problems of industrial, agricultural and domestic water supplies in the Hawthorne, Nevada, area and the adjacent Naval Ammunition Depot; and
Whereas, Such problems are a matter of both local and federal concern; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Congress of the United States is hereby respectfully memorialized to authorize the expenditure of federal funds to execute a study of the water problems in the area of Hawthorne, Nevada, to be conducted by federal engineers in conjunction with the office of the state engineer, and to pay for the cost of remedying such water problems in the manner determined in such study; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the presiding officer of each house of the United States Congress and to each member of the Nevada congressional delegation.
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