[Rev. 2/28/2019 11:56:28 AM]
RESOLUTIONS AND MEMORIALS
κ1973 Statutes of Nevada, Page 1861κ
Resolutions and Memorials
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Senate Resolution No. 1Senator Lamb
FILE NUMBER 1
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 to be allowed each member and the president of the senate for periodicals, stamps and stationery, as provided by law, be the sum of $60, and the same 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. 2Senators Monroe and Brown
FILE NUMBER 2
SENATE RESOLUTIONProviding for the appointment of senate attaches.
Resolved by The Senate of the State of Nevada, That the following-named persons be, they hereby are, elected as attaches of the senate for the 57th session of the legislature of the State of Nevada: Judy S. Ahlstrom, Janice Goodhue, Nykki Kinsley, Jacqueline Ahlstrom, Jane H. Gily, Molly Torvik, Ellen Hocker, Mae Lofthouse, Jean Fondi, Sharon Maher, Anita Wilson, Genevieve Cronin, Dean Miller, Gary Collie, Sam McMullen, Winifred Slade, Ruth Rossiter, Gertrude Hillygus, Virginia Turk, Eileen Wynkoop.
________
Senate Resolution No. 3Senator Brown
FILE NUMBER 3
SENATE RESOLUTIONAdopting Joint Standing Rules and Standing Rules for the Senate of the Nevada legislature for the 57th regular session.
Resolved by the Senate of the State of Nevada, That the Joint Standing Rules of the Senate of the 56th session be adopted by the Senate of the 57th session; and be it further
Resolved, That Standing Rules 1 to 27, inclusive, and 29 to 60, inclusive, of the Senate of the 56th session, as amended, be adopted by the Senate of the 57th session; and be it further
κ1973 Statutes of Nevada, Page 1862 (FILE NUMBER 3, SR 3)κ
Resolved, That the following new rule designated Standing Rule 28 also be adopted as a standing rule of the Senate of the 57th session:
28
Standing Committees
Standing Committees of the Senate shall be as follows:
1. Commerce and Labor, seven members.
2. Ecology and Public Resources, seven members.
3. Education, seven members.
4. Federal, State, and Local Governments, seven members.
5. Finance, seven members.
6. Health, Welfare and State Institutions, seven members.
7. Judiciary, seven members.
8. Legislative Functions, seven members.
9. Taxation, seven members.
10. Transportation, seven members.
________
Assembly Resolution No. 1Committee on Legislative Functions
FILE NUMBER 4
ASSEMBLY RESOLUTIONAdopting Joint Standing Rules and Standing Rules for the Assembly of the Nevada legislature for the 57th regular session.
Resolved by the Assembly of the State of Nevada, That the Joint Standing Rules of the Assembly of the 56th session be adopted by the Assembly of the 57th session; and be it further
Resolved, That Standing Rules 1 to 19, inclusive, 21 to 28, inclusive, and 30 to 42, inclusive, of the Assembly of the 56th session, as amended, be adopted by the Assembly of the 57th session; and be it further
Resolved, That the following new rules designated Standing Rules 20 and 29 also be adopted as Standing Rules of the Assembly of the 57th session:
20
STANDING COMMITTEES
The standing committees of the Assembly shall be as follows:
1. Ways and means, nine members.
2. Judiciary, nine members.
3. Taxation, nine members.
4. Elections, seven members.
5. Education, seven members.
6. Legislative Functions, seven members.
7. Agriculture, seven members.
8. Labor and Management, seven members.
9. Transportation, seven members.
10. Commerce, nine members.
κ1973 Statutes of Nevada, Page 1863 (FILE NUMBER 4, AR 1)κ
11. Environment and Public Resources, nine members.
12. Health and Welfare, nine members.
13. Government Affairs, nine members.
The number of members representing the majority political party on a standing committee shall only exceed the number of members of the minority political party by one.
29
MEETING
The Assembly shall meet each day at 10 a.m., unless the Assembly adjourns to some other hour.
________
Assembly Resolution No. 2Committee on Legislative Functions
FILE NUMBER 5
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 57th session of the legislature of the State of Nevada: Carol L. Moore, Pauline Topken, Amy Phelps, Kathryn Miller, Chester R. Wood, Steve Pozzi, Patricia Hamernick, John Robinson, Phillip Buckheart, Harold Berger, John Supera, Marion Burnham, Mary Lou Keever, Dorothy Roberts, Barbara Carrico, Ila Harvey, Virginia Pace, Geanie Armstrong, Cindy Benjamin, Phyllis Berkson, Jane Dunn, Sandra Gagnier, LaDonna E. Moore, Geraldine Smith, Marion Smith, Lupe Gunderson, Lavelle Johnson, Juanita Andrews, Silvia Campbell, Margaret Dale, Karen Doecher, Jean Duarte, Sally Dunfield, Helen Matthews, LaVola Robindeaux, Darlene Shaw, Carol Wittenberg, Ellen Starcevic.
________
Assembly Resolution No. 3Committee on Ways and Means
FILE NUMBER 6
ASSEMBLY RESOLUTIONProvides 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 to be allowed each member of the assembly for periodicals, stamps and stationery, as provided by law, be the sum of $60, and that the same 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.
________
κ1973 Statutes of Nevada, Page 1864κ
Senate Concurrent Resolution No. 1Committee on Legislative Functions
FILE NUMBER 7
SENATE CONCURRENT RESOLUTIONAuthorizing necessary expenditure from legislative fund for travel and related expenses of designated members of the senate and assembly to be incurred in attending seminar in Phoenix, Arizona, on federal legislation on social services, welfare and medicaid programs.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That expenditure of necessary moneys from the legislative fund is hereby authorized to pay the costs of travel and other incidentals to be incurred by one member of the senate, designated by the senate, and one member of the assembly, designated by the assembly, in attending a seminar sponsored by the National Legislative Conference on federal legislation on social services, welfare and medicaid programs to be held in Phoenix, Arizona, on January 17, 18 and 19, 1973.
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Assembly Resolution No. 4Committee on Legislative Functions
FILE NUMBER 8
ASSEMBLY RESOLUTIONAppointing additional assembly attaches for the 1973 session of the Nevada legislature.
Resolved by the Assembly of the State of Nevada, That the following named individuals are hereby appointed as additional attaches of the assembly of the State of Nevada for the 1973 session of the Nevada legislature: Christie L. Burley; Lewis R. Hardy; Jan C. Benson; and Robert E. Shriver.
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Senate Concurrent Resolution No. 2Senator Brown
FILE NUMBER 9
SENATE CONCURRENT RESOLUTIONExpressing the mutual consent of the Senate and Assembly to an adjournment from Wednesday, January 24, to Monday, January 29, 1973.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That each house hereby consents to the adjournment of the other, upon the conclusion of its legislative business for January 24, until its normal convening hour on Monday, January 29, 1973.
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κ1973 Statutes of Nevada, Page 1865κ
Senate Resolution No. 4Senators Brown, Lamb and Swobe
FILE NUMBER 10
SENATE RESOLUTIONAdopting joint standing rules and standing rules for the senate of the Nevada legislature for the 57th regular session; rescinding Senate Resolution 3 of the 57th session.
Resolved by the Senate of the State of Nevada, That joint standing rules of the senate of the 56th session be adopted by the senate of the 57th session; and be it further
Resolved, That Senate Resolution 3 of the 57th session be and hereby is rescinded; and be it further
Resolved, That the following rules be adopted as standing rules of the senate of the 57th session:
SENATE STANDING RULES
__________
I. OFFICERS AND EMPLOYEES
Duties of Officers
1
President.
The President shall take the chair and call the Senate to order precisely at the hour appointed for meeting, and if a quorum be present shall cause the Journal of the preceding day to be read. He shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the Chamber, shall order the Sergeant-at-Arms to suppress the same, and may order the arrest of any person creating any disturbance within the Senate Chamber. He may speak to points of order in preference to members, rising from his seat for that purpose, and shall decide questions of order without debate, subject to an appeal to the Senate by two members, on which appeal no member shall speak more than once without leave of the Senate. He shall see that all officers and clerks perform their respective duties, and shall sign all acts, addresses and joint resolutions, and all writs, warrants and subpenas issued by order of the Senate; all of which shall be attested by the Secretary. He shall have general direction of the Senate Chamber, and shall have a right to name any Senator to perform the duties of the Chair-but such substitution shall not extend beyond an adjournment, nor authorize the Senator so substituted to sign any document requiring the signature of the President.
2
President Pro Tem.
The President pro tem shall have all the power and authority, and discharge the duties of the President during his absence or inability to discharge the duties of his office. In the absence or inability of the President pro tem to discharge the duties of the Presidents office, the Chairman of the Committee on Legislative Functions shall preside. In the absence of the Chairman, the Vice Chairman of the Committee on Legislative Functions shall preside.
κ1973 Statutes of Nevada, Page 1866 (FILE NUMBER 10, SR 4)κ
absence of the Chairman, the Vice Chairman of the Committee on Legislative Functions shall preside. In the absence of the Vice Chairman of the Committee on Legislative Functions, the Senate shall elect one of its members as the presiding officer for that occasion.
3
Reserved.
4
Sergeant-at-Arms.
The Sergeant-at-Arms shall attend the Senate during its sittings, and execute its commands and all process issued by its authority. He shall be sworn to keep the secrets of the Senate. He shall receive for every arrest within the Capitol building or grounds, one dollar; within the limits of Carson City and without the Capitol grounds, one dollar and fifty cents; for each days custody and releasement, one dollar; and for traveling expenses of himself or special messenger outside of Carson City, for one way only, twenty-five cents per mile. All fees for arrest of members shall be paid by members arrested, unless excused by the Senate; and when excused, the Sergeant-at-Arms shall not be allowed fees, except when the arrest was made outside of Carson City, when mileage shall be allowed.
5
Assistant.
The Assistant Sergeant-at-Arms shall be doorkeeper and shall preserve order in the Senate Chamber and shall assist the Sergeant-at-Arms. He shall be sworn to keep the secrets of the Senate.
6
Reserved.
II. SESSIONS AND MEETINGS
10
Time of Meeting.
The President shall call the Senate to order each day of sitting at 10:30 oclock, a.m., unless the Senate shall have adjourned to some other hour.
11
Call of Senate-Moved by Three Members.
A call of the Senate may be moved by three Senators, and if carried by a majority of all present, the Secretary shall call the roll and note the absentees, after which the names of the absentees shall again be called over. The doors shall then be closed and the Sergeant-at-Arms directed to take into custody all who may be absent without leave, and all Senators so taken into custody shall be presented at the bar of the Senate for such action as to the Senate may seem proper.
12
Absence-Leave Required.
No Senator shall absent himself from the service of the Senate without leave, except in case of accident or sickness, and if any Senator or officer shall so absent himself his per diem shall not be allowed him, and no Senator shall obtain leave of absence or be excused without consent of two-thirds of the Senate.
κ1973 Statutes of Nevada, Page 1867 (FILE NUMBER 10, SR 4)κ
shall so absent himself his per diem shall not be allowed him, and no Senator shall obtain leave of absence or be excused without consent of two-thirds of the Senate.
III. DECORUM AND DEBATE
20
Points of Order.
If any Senator, in speaking or otherwise, transgress the rules of the Senate, the President shall, or any Senator may, call him to order, and when a Senator shall be so called to order he shall sit down and shall not proceed without leave of the Senate, which leave, if granted, shall be upon motion, That he be allowed to proceed in order, when he shall confine himself to the question under consideration and avoid personality. Every decision of points of order by the President shall be subject to appeal, and no discussion of a question of order shall be allowed, except upon appeal of two Senators, and in all cases of appeal the question shall be, Shall the decision of the Chair stand as the judgment of the Senate?
21
Breaches of Decorum.
In cases of breaches of decorum or propriety any Senator, officer or other person shall be liable to such censure or punishment as the Senate may deem proper, and if any Senator be called to order for offensive or indecorous language or conduct, the person calling him to order shall report the language or conduct excepted to, which shall be taken down or noted at the Secretarys desk, and no member shall be held to answer for any language used on the floor of the Senate if business has intervened before exception to the language was taken.
Indecorous conduct or boisterous or unbecoming language shall not be permitted in the Senate Chamber.
IV. QUORUM, VOTING, ELECTIONS
30
Ayes and Noes-Three Required to Call For.
The ayes and noes shall be taken when called for by three members, and every Senator within the bar of the Senate shall vote, unless excused by unanimous vote of the Senate, and the votes shall be entered on the Journal, and the names of Senators demanding the ayes and noes shall also be entered on the Journal.
31
President to Decide-Tie Vote.
A question is lost by a tie vote, but when the Senate is equally divided, the President may give the deciding vote.
32
Manner of Election-Voting.
In all cases of election by the Senate the vote shall be taken viva voce, and no Senator or other person shall remain by the Secretarys desk while the roll is being called or the votes are being counted.
κ1973 Statutes of Nevada, Page 1868 (FILE NUMBER 10, SR 4)κ
the roll is being called or the votes are being counted. No Senator shall be allowed to vote except when at his seat, nor upon any question in which he is in any way personally or directly interested, nor be allowed to explain his vote or discuss the question while the ayes and noes are being called, nor change his vote after the result is announced, and the announcement of the result of any vote shall not be postponed.
V. LEGISLATIVE BODIES
40
Standing Committees.
Standing committees of the Senate shall be as follows:
1. Commerce and Labor, seven members.
2. Ecology and Public Resources, seven members.
3. Education, seven members.
4. Federal, State and Local Governments, seven members.
5. Finance, seven members.
6. Health, Welfare and State Institutions, seven members.
7. Judiciary, seven members.
8. Legislative Functions, seven members.
9. Taxation, seven members.
10. Transportation, seven members.
41
Appointment of Committees.
All committees of the Senate, special and standing, and all joint committees on the part thereof, shall be appointed by the President, unless otherwise ordered by the Senate.
42
Committee Expenses.
No committee shall employ assistance or incur any expense, except by permission of the Senate previously obtained.
43
Duties of Committees.
The several committees shall fully consider all measures referred to them and report thereon. They shall acquaint themselves with the interests of the State specially represented by the committee, and from time to time present such bills and reports as in their judgment will advance the interests and promote the welfare of the people of the State, and shall fully consider and report their opinion upon any matter committed or referred to them by the Senate.
44
Committee on Legislative Functions.
The Committee on Legislative Functions shall recommend by resolution the appointment of all attaches and employees of the Senate not otherwise provided for by law. It shall have authority to suspend any attache or employee for incompetency or dereliction of duty, pending final action by the Senate.
κ1973 Statutes of Nevada, Page 1869 (FILE NUMBER 10, SR 4)κ
attache or employee for incompetency or dereliction of duty, pending final action by the Senate. It shall hear complaints on alleged breaches of ethics and conflicts of interests, brought by legislators and others, and it may advise legislators on questions of breaches of ethics and conflicts of interests. All proceedings by the committee on matters of ethics or conflicts of interest shall be confidential.
45
Reserved.
46
Forming Committee of the Whole.
In forming the Committee of the Whole Senate the President shall name a chairman to preside, and all bills considered shall be read by sections, and the chairman shall call for amendments at the conclusion of the reading of each section. All amendments proposed by the committee shall be reported by the chairman to the Senate.
47
Rules Applicable to Committee of the Whole.
The Rules of the Senate shall apply to proceedings in Committee of the Whole, except that the previous question shall not be ordered, nor the ayes and noes demanded, but the committee may limit the number of times that any member may speak, at any stage of proceedings, during its sitting. Messages may be received by the President while the committee is sitting; in which case the President will resume the chair, receive the message, and vacate the chair in favor of the chairman of the committee.
48
Motion to Rise Committee of the Whole.
A motion that the committee rise shall always be in order, and shall be decided without debate.
49
Reference to Committee.
When a motion is made to refer any subject, and different committees are proposed, the question shall be taken in the following order:
1. The Committee of the Whole Senate.
2. A Standing Committee.
3. A Select Committee.
50
Return from Committee.
Any bill or other matter referred to a committee of the Senate shall not be withdrawn or ordered taken from such committee for consideration by the Senate, recommitment, or for any other reason without a two-thirds vote for the Senate, and at least one days notice of the motion therefor. No such motion shall be in order on the last day of the session, or on the day preceding the last day of the session. Nothing in this rule shall be construed to take from any committee the rights and duties of committees provided for in Rule 43 of Senate Standing Rules.
κ1973 Statutes of Nevada, Page 1870 (FILE NUMBER 10, SR 4)κ
shall be construed to take from any committee the rights and duties of committees provided for in Rule 43 of Senate Standing Rules.
51
Privileged Committees Always in Order.
The Committees on Enrolled and Engrossed Bills may report at any time.
52
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. If one committee reports unfavorably and the other favorably, the bill or resolution will not be reported to the Senate. 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.
53
Committee Rules.
The Senate shall adopt minimum rules governing standing committees. Such rules when adopted shall be filed with the Secretary of the Senate and distributed to all standing committee chairmen.
VI. RULES GOVERNING MOTIONS
A. Motions Generally
60
Entertaining.
No motion shall be debated until announced by the President. It shall be reduced to writing and read by the Secretary, if desired by the President or any Senator, before it shall be debated, and by consent of the Senate may be withdrawn before amendment or decision.
61
Precedence of Motions.
When a question is under debate no motion shall be received but the following, which shall have precedence in the order named:
1. To adjourn.
2. For a call of the Senate.
3. To lay on the table.
4. For the previous question.
5. To postpone to a day certain.
6. To commit.
7. To amend.
8. To postpone indefinitely.
The first four shall be decided without debate.
κ1973 Statutes of Nevada, Page 1871 (FILE NUMBER 10, SR 4)κ
62
When Not Entertained.
When a motion to commit, to postpone to a day certain, or to postpone indefinitely has been decided, it shall not be again entertained on the same day and at the same stage of proceedings, and when a question has been postponed indefinitely it shall not again be introduced during the session except this rule be suspended by a two-thirds vote, and there shall be no reconsideration of a vote on a motion to indefinitely postpone.
B. Particular Motions
63
To Adjourn.
A motion to adjourn shall always be in order. The name of the Senator moving to adjourn, and the time when the motion was made, shall be entered on the Journal.
64
Lay on the Table.
A motion to lay on or take from the table shall be carried by a majority vote.
65
Reserved.
66
To Strike Enacting Clause.
A motion to strike out the enacting clause of a bill or resolution shall have precedence of a motion to commit or amend, and if carried shall be equivalent to its rejection.
67
Division of Question.
Any Senator may call for a division of a question, which shall be divided if it embraces subjects so distinct that one being taken away, a substantive proposition shall remain for the decision of the Senate; but a motion to strike out and insert shall not be divided.
68
To Reconsider-Precedence Of.
A motion to reconsider shall have precedence over every other motion, except a motion to adjourn; and when the Senate adjourns while a motion to reconsider is pending, or before passing the order of Motions and Resolutions, the right to move a reconsideration shall continue to the next day of sitting. No notice of reconsideration of any final vote shall be in order on the day preceding the last day of the session.
VII. DEBATE
80
Speaking on Question.
Every Senator when he speaks, shall, standing in his place, address Mr. President, in a courteous manner, and shall confine himself to the question before the Senate, and when he has finished, shall sit down.
κ1973 Statutes of Nevada, Page 1872 (FILE NUMBER 10, SR 4)κ
question before the Senate, and when he has finished, shall sit down. No Senator shall speak more than twice (except for explanation) during the consideration of any one question on the same day, nor a second time without leave when others who have not spoken desire the floor; but incidental and subsidiary questions arising during debate shall not be considered the same question.
81
Previous Question.
The previous question shall not be put unless demanded by three Senators, and it shall be in this form: Shall the main question be now put? When sustained by a majority of Senators present it shall put an end to all debate and bring the Senate to a vote on the question or questions before it, and all incidental questions arising after the motion was made shall be decided without debate.
VIII. CONDUCT OF BUSINESS
A. Generally
90
Masons Manual.
The rules of parliamentary practice contained in Masons Manual of Legislative Procedure shall govern the Senate in all cases in which they are applicable and in which they are not inconsistent with the standing rules and orders of the Senate, and the joint rules of the Senate and Assembly.
91
Suspension of Rule.
No standing rule or order of the Senate shall be rescinded or changed without a vote of two-thirds of the Senate and one days notice of the motion therefor; but a rule or order may be temporarily suspended for a special purpose by a vote of two-thirds of the members present. When the suspension of a rule is called for, and after due notice from the President no objection is offered, he can announce the rule suspended and the Senate may proceed accordingly; but this shall not apply to that portion of Senate Standing Rule No. 109 relating to the third reading of bills, which cannot be suspended; and further, this rule shall not apply to the suspension of Senate Standing Rule No. 50.
92
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.
93
Protest.
Any Senator, or Senators, may protest against the action of the Senate upon any question, and have such protest entered upon the Journal.
κ1973 Statutes of Nevada, Page 1873 (FILE NUMBER 10, SR 4)κ
94
Privilege of the Floor.
No person, except state officers and officers and members of the Senate and Assembly, shall be admitted within the bar of the Senate, except by special invitation on the part of some member; and a majority may authorize the President to have the Senate Chamber cleared of all persons except Senators and officers of the Senate; and the Senate Chamber shall not be used for any but legislative business except by permission given by a two-thirds vote.
95
Material Placed on Legislators Desks.
All papers, letters, notes, pamphlets and other written material placed upon a Senators desk shall contain the signature of the legislator requesting the placement of such material on the desk or shall contain a designation of the origin of such material. This rule does not apply to books containing the legislative bills and resolutions, the legislative daily histories, the legislative daily journals, or Legislative Counsel Bureau material.
96
Reserved.
97
Petitions and Memorials.
The contents of any petition or memorial shall be briefly stated by the President or any Senator presenting it. It shall then lie on the table or be referred, as the President or Senate may direct.
98
Reserved.
99
Reserved.
100
Reserved.
101
Reserved.
102
Objection to Reading of Paper.
Where the reading of any paper is called for, and is objected to by any Senator, it shall be determined by a vote of the Senate, and without debate.
103
Questions Relating to Priority of Business.
All questions relating to the priority of business shall be decided without debate.
κ1973 Statutes of Nevada, Page 1874 (FILE NUMBER 10, SR 4)κ
B. Bills
104
Reserved.
105
Reserved.
106
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 ramifications.
107
Information to Accompany Bills.
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. The legislator may accompany the bill with a bill analysis which may describe the intent, purpose, justification and effects of the bill, or any of them.
108
Reserved.
109
Reading of Bills.
At least one days notice shall be given of the introduction of a bill unless by consent of two-thirds of the Senate, or the bill be presented by a committee in the discharge of its duty. Every bill shall receive three readings previous to its passage, unless, in case of emergency, two-thirds of the Senate shall deem it expedient to dispense with this rule. The President shall give notice at each whether it be first, second, or third reading.
κ1973 Statutes of Nevada, Page 1875 (FILE NUMBER 10, SR 4)κ
The first reading of the bill shall be for information, and if opposition be made to it, the question shall be, Shall this bill be rejected? If no opposition be made, or if the question to reject be negatived, the bill shall then take the usual course. No bill shall be committed until once read, nor amended until twice read. The third reading of every bill shall be by sections.
110
Reserved.
111
Printing.
One thousand copies of all bills and resolutions of general interest shall be printed for the use of the Senate and Assembly, and two hundred and fifty copies of such as are of only local interest; also such other matter shall be printed as may be ordered by the Senate.
112
Reserved.
113
General File.
All bills shall be read the second time in the order in which they are reported by committees. Upon second reading, Senate bills reported without amendments shall be engrossed and placed on the general file, and Assembly bills reported without amendments shall be placed on the general file. Committee amendments reported with bills shall be considered upon their second reading and such amendments may be adopted by a majority vote of the members present. Senate bills so amended shall be reprinted, engrossed, and placed on the general file, and Assembly bills so amended shall be reprinted, reengrossed and placed on the general file. Engrossed bills shall be placed at the head of the file in the order in which they are reported engrossed, except general appropriation bills, which shall be at the head of the file. The file, with each bill in order, shall be conspicuously posted in the Senate Chamber each day by the Secretary.
Any member may move to amend a bill during its second or third reading and such motion to amend may be adopted by a majority vote of the members present. Bills so amended on the second reading shall be treated the same as bills with committee amendments. Any bill so amended upon the general file shall be reprinted and reengrossed.
The reprinting of amended bills may be dispensed with only in accordance with the provisions of law. Unless otherwise ordered by the Senate, one thousand copies of all amended bills shall be printed.
114
Commitment of Bill with Special Instructions.
A bill may be committed with special instructions to amend at any time before taking the final vote.
κ1973 Statutes of Nevada, Page 1876 (FILE NUMBER 10, SR 4)κ
115
Reconsideration of Vote on Bill.
On the day next succeeding the final vote on any bill, said vote may be reconsidered on motion of any member, provided notice of intention to move a reconsideration was given on the day such final vote was taken, by a Senator who voted on that side which prevailed, and no motion to reconsider shall be in order on the day such final vote was taken, except by unanimous consent. Motions to reconsider a vote upon amendments to any pending question may be made and decided at once.
116
Reserved.
117
Different Subject Not Admitted as Amendment.
No subject different from that under consideration shall be admitted as an amendment; and no bill or resolution shall be amended by incorporating any irrelevant subject matter or by association or annexing any other bill or resolution pending in the Senate, but a substitute may be offered at any time so long as the original is open to amendment.
C. Resolutions
118
Treated as Bills.
Joint and concurrent resolutions addressed to Congress, or to either House thereof, or to the President of the United States, or the heads of any of the national departments, or proposing amendments to the State Constitution shall be subject, in all respects, to the foregoing rules governing the course of bills.
119
Treated as Motions.
Resolutions, other than those referred to in Rule 118, shall be treated as motions in all proceedings of the Senate.
120
Order of Business.
1. Roll Call.
2. Prayer by the Chaplain.
3. Pledge of Allegiance to the Flag.
4. Reading and Approval of the Journal.
5. Presentation of Petitions.
6. Report of Standing Committees.
7. Report of Select Committees.
8. Messages from the Governor.
9. Communications from State Officers.
10. Messages from the Assembly.
11. Second Reading and Amendment of Bills.
12. Introduction, First Reading, and Reference of Bills.
κ1973 Statutes of Nevada, Page 1877 (FILE NUMBER 10, SR 4)κ
13. Motions, Resolutions, and Notices.
14. Business on General File and Third Reading of Bills.
15. Unfinished Business.
121
Privilege.
Any Senator may rise and explain a matter personal to himself by leave of the President, but he shall not discuss any pending question in such explanation.
122
Reserved.
123
Reserved.
124
Preference to Speak.
When two or more Senators rise at the same time the President shall name the one who may first speak-giving preference, when practicable, to the mover or introducer of the subject under consideration.
125
Special Order.
The President shall call the Senate to order on the arrival of the time fixed for the consideration of a special order, and announce that the special order is before the Senate, which shall be considered, unless it be postponed by a two-thirds vote, and any business before the Senate at the time of the announcement of the special order shall go to Unfinished Business.
126
Reserved.
127
Messages.
Messages from the Governor, state officers and from the Assembly may be considered at any time by a vote of the Senate.
128
Filling of Blanks.
In filling blanks the largest sum and longest time shall be first put.
IX. LEGISLATIVE INVESTIGATIONS
140
Compensation of Witnesses.
Witnesses summoned to appear before the Senate, or any of its committees, shall be compensated as provided by law for witnesses required to attend in the courts of the State of Nevada.
________
κ1973 Statutes of Nevada, Page 1878κ
Assembly Joint Resolution No. 4Messrs. Jacobsen, Bickerstaff, Broadbent, Capurro, Mrs. Ford, Messrs. Fry, Getto, Hafen, Howard, Huff, Lowman, McNeel, Smith, Torvinen and Young
FILE NUMBER 11
ASSEMBLY JOINT RESOLUTIONCongratulating Richard Milhous Nixon and Spiro Theodore Agnew on their inaugurations as President and Vice President, respectively, of the United States.
Whereas, On the 20th day of January, Richard Milhous Nixon and Spiro Theodore Agnew will be formally inaugurated as President and Vice President, respectively, of the United States; and
Whereas, These men assume the leadership of the worlds greatest nation at a time unparalleled in her history, when her status in the world community is challenged and when other nations of the world continually direct outrageous criticisms against her; and
Whereas, During the tenure of their office they will encounter the forces of the enemies of this country attempting to destroy the principles of representative government to which this nation has always been dedicated; and
Whereas, The American people, through the elective process, have expressed their confidence and trust in reelecting Richard Milhous Nixon and Spiro Theodore Agnew successfully to direct this nation through these trying times; and
Whereas, They will, during their stewardship, face the most demanding, perilous and challenging times of their lives; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the members of the 57th session of the legislature of the State of Nevada extend their best wishes and congratulations to Richard Milhous Nixon and Spiro Theodore Agnew on their inaugurations as President and Vice President, respectively, of these United States; and be it further
Resolved, That copies of this resolution be dispatched forthwith by the legislative counsel to President Milhous Nixon and Vice President Spiro Theodore Agnew.
________
Assembly Concurrent Resolution No. 1Committee on Legislative Functions
FILE NUMBER 12
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late President Harry S. Truman.
Whereas, The legislature of the State of Nevada shares with the entire nation a sense of loss at the death of Harry S. Truman; and
Whereas, He, through relentless effort, aspired from the ranks of common men to the heights and sacrifices of public office, having served as President and Vice President of the United States as well as United States Senator from the State of Missouri; and
Whereas, He conquered with firm resolution and tireless endeavor the formidable challenge of fortuitously assuming leadership of a nation embroiled in a world conflict of unsurpassed magnitude in the history of mankind; and
κ1973 Statutes of Nevada, Page 1879 (FILE NUMBER 12, ACR 1)κ
embroiled in a world conflict of unsurpassed magnitude in the history of mankind; and
Whereas, He, while serving as President of the United States, attained the often elusive goal of combining landmark achievements in American foreign policy with successful efforts to improve the lives of his fellow countrymen; and
Whereas, The entire nation has lately watched with sympathy and admiration his courageous struggle against the final ravages of illness; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 57th session of the Nevada legislature join the nation and the world in this inadequate but sincere expression of their sorrow at the passing of our beloved former President, Harry S. Truman; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to President Richard M. Nixon and to the widow of the late President Truman.
________
Assembly Concurrent Resolution No. 2Committee on Legislative Functions
FILE NUMBER 13
ASSEMBLY CONCURRENT RESOLUTIONMemorializing late President Lyndon Baines Johnson.
Whereas, Just 10 months short of a decade following the tragedy that elevated him to the high office on November 22, 1963, death claimed Lyndon Baines Johnson, 36th President of the United States, lately private citizen and until January 22, 1973, the last living ex-President; and
Whereas, His death stirs deep wellsprings of emotion within the citizenry he served so long and so well; and
Whereas, His public life, unfolding chapter after chapter of progressive responsibility as Congressman, decorated United States naval officer, United States Senator, Vice President and, ultimately, President spanned more than 3 decades; and
Whereas, Overcoming the grave torment affecting the body politic as surely and courageously as he surmounted his own illness, he led the country to a bold, new enlightenment in civil rights, education and economic opportunity; and
Whereas, The vigor of his legacy will not be diminished by the worldwide violence which inexorably affected the will of the republic during his last days in office; and
Whereas, His return to private life was accompanied by continued dedication to those causes for which he had offered up a lifetime of public dedication and devotion; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 57th session of the Nevada legislature express the true feeling of profound grief that possesses the people of the State of Nevada as they contemplate the passing of the late, beloved President Lyndon Baines Johnson; and be it further
κ1973 Statutes of Nevada, Page 1880 (FILE NUMBER 13, ACR 2)κ
Resolved, That when this body adjourns today it does so in memory of President Lyndon Baines Johnson; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to President Richard M. Nixon and the widow and surviving family of the late President Lyndon Baines Johnson.
________
Senate Joint Resolution No. 3Senators Swobe, Dodge, Pozzi, Young, Raggio, Hecht, Drakulich, Close, Herr, Brown, Monroe, Walker, Blakemore, Foley, Bryan, Echols, Gibson, Lamb and Wilson
FILE NUMBER 14
SENATE JOINT RESOLUTIONProviding for the expression of commendation to President Richard M. Nixon for securing an end to the American involvement in the conflict in Vietnam.
Whereas, The American people have been involved in supporting a war in Vietnam, the cost of which in terms of money, life and sorrow is immeasurable; and
Whereas, The American people have continually sought an end to this war throughout successive administrations without sacrificing the ideals and principles held by the people as represented through the government; and
Whereas, President Nixon has succeeded in negotiating a just and honorable end to the American involvement in the war in Vietnam without sacrificing those ideals and principles which America represents; and
Whereas, President Nixon has succeeded in meeting the challenges and demands of the times, has withstood the criticism directed at him and has continually sought an honorable resolution to the conflict in Vietnam in order to secure a lasting peace; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the members of the 57th session of the legislature of the State of Nevada commend and extend their sincere appreciation and congratulations to President Richard M. Nixon in seeking peace through the just and honorable termination of American involvement in the conflict in Vietnam; and be it further
Resolved, That a copy of this resolution be prepared and transmitted by the legislative counsel to the President of the United States, Richard M. Nixon; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 1881κ
Senate Resolution No. 5Committee on Legislative Functions
FILE NUMBER 15
SENATE RESOLUTIONAppointing additional senate attaches for the 1973 session of the Nevada legislature.
Resolved by the Senate of the State of Nevada, That the following named individuals are hereby appointed as additional attaches of the senate of the State of Nevada for the 1973 session of the Nevada legislature: Elizabeth Rose, Jo Ann N. Hughes, Joan Maguire Wolfe and Raymond C. Whitehall.
________
Senate Concurrent Resolution No. 3Senators Brown, Echols, Blakemore, Bryan, Close, Foley, Gibson, Hecht, Herr, Lamb and Walker
FILE NUMBER 16
SENATE CONCURRENT RESOLUTIONCommending Al Bramlet on his being selected National City of Hope Man of the Year.
Whereas, Among the institutions and traditions of this nation, few have a finer record of accomplishment than the City of Hope in its unswerving course toward new horizons in health and humanism; and
Whereas, This humanitarian organization, on the occasion of its 60th anniversary, will honor a distinguished Nevada resident at the National City of Hope Dinner on Sunday, February 25, 1973, in the Space Center of the Sahara Hotel, Las Vegas, Nevada; and
Whereas, This honor will be bestowed upon Al Bramlet when he becomes the first Nevadan selected as Man of the Year in Nevada, and, on this same memorable evening, when he receives the Torch of Hope Award; and
Whereas, The members of the legislature of the State of Nevada desire to commend Al Bramlet for his signal achievement and recognition; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That Al Bramlet be commended for his outstanding personal dedication which is so appropriately recognized in the Man of the Year in Nevada selection and Torch of Hope Award; and be it further
Resolved, That a copy of the resolution be transmitted forthwith by the legislative counsel to the City of Hope National Board of Trustees for personal presentation to Al Bramlet at the National City of Hope Dinner on February 25, 1973.
________
κ1973 Statutes of Nevada, Page 1882κ
Assembly Resolution No. 6Committee on Legislative Functions
FILE NUMBER 17
ASSEMBLY RESOLUTIONAmending Assembly Standing Rule 40 for the 57th regular session of the legislature.
Resolved by the Assembly of the State of Nevada, That Assembly Standing rule 40 be, and it hereby is, amended to read as follows:
40
Standing Committees.
The standing committees of the Assembly shall be as follows:
1. Ways and Means, nine members.
2. Judiciary, nine members.
3. Taxation, nine members
4. Elections, seven members.
5. Education, seven members.
6. Legislative Functions, seven members.
7. Agriculture, seven members
8. Labor and Management, seven members.
9. Transportation, seven members.
10. Commerce, nine members.
11. Environment and Public Resources, nine members.
12. Health and Welfare, [nine] seven members.
13. Government Affairs, nine members.
The number of members representing the majority political part on a standing committee shall only exceed the number of members of the minority political party by one.
________
Assembly Joint Resolution No. 3Committee on Transportation
FILE NUMBER 18
ASSEMBLY JOINT RESOLUTIONMemorializing Congress to provide funds for fencing land adjacent to highways that pass through federal land.
Whereas, Highway safety has become a matter of great concern both at the state and federal level; and
Whereas, It has been determined that domestic animals ranging across Nevadas highways create an extremely dangerous hazard that has caused many deaths among those who have traveled these highways in motor vehicles; and
Whereas, Much of the unfenced land abutting Nevadas highways is federal land; and
Whereas, Nevadas highways could be kept substantially free of domestic animals if federal grazing land was fenced; 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 hereby respectfully memorializes the Congress of the United States to provide additional funding to fence federal land used for grazing domestic animals; and be it further
κ1973 Statutes of Nevada, Page 1883 (FILE NUMBER 18, AJR 3)κ
funding to fence federal land used for grazing domestic animals; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the Vice President of the United States as presiding officer of the Senate, to the Speaker of the House of Representatives and to all members of the Nevada congressional delegation.
________
Senate Resolution No. 6Committee on Legislative Functions
FILE NUMBER 19
SENATE RESOLUTIONAdopting revised and additional standing rules for the senate of the Nevada legislature for the 57th regular session.
Resolved by the Senate of the State of Nevada, That Senate Standing Rule No. 12 be, and it hereby is, amended to read as follows:
12
Absence-Leave Required.
No Senator shall absent himself from the service of the Senate without leave, except in case of accident or sickness, and if any Senator or officer shall so absent himself his per diem shall not be allowed him. [, and no Senator shall obtain leave of absence or be excused without consent of two-thirds of the Senate.]
and be it further
Resolved, That the Senate Standing Rules be, and they hereby are, amended by adding the following new rules:
69
Explanation of motion.
Whenever a Senator moves to take a bill off general file and return it to the Secretarys desk or to make any other disposition of a bill that has been reported out of committee, he shall explain the purpose of his motion and state the reasons for his requesting the change in the processing of the bill.
104
Limitation on Bill Drafting Requests and Introductions.
1. 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 Senate present, or
(b) A standing committee of the Senate, 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:
κ1973 Statutes of Nevada, Page 1884 (FILE NUMBER 19, SR 6)κ
(a) Standing committees without consent.
(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.
(c) A member whose request was approved prior to drafting in the manner required by this rule.
3. Consent to suspend this rule shall be made on rollcall vote, which vote shall be entered in the Senate Journal for that day, and such consent shall apply to no more than one bill or joint resolution or bill drafting request.
________
Assembly Joint Resolution No. 1Mr. Dreyer
FILE NUMBER 20
[To be returned to 1975 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to amend section 1 of article 2 of the constitution of the State of Nevada; eliminating the 6-month residency requirement for electors.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 1 of article 2 of the constitution for 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 eighteen years [and upwards,] or over, 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.
________
Senate Concurrent Resolution No. 5Senators Foley, Blakemore, Brown, Bryan, Close, Dodge, Drakulich, Echols, Gibson, Hecht, Herr, Lamb, Monroe, Neal, Pozzi, Raggio, Swobe, Walker, Wilson and Young
FILE NUMBER 21
SENATE CONCURRENT RESOLUTIONCommending former secretary of state John Koontz upon the occasion of his retirement.
Whereas, This session of the legislature was the first since 1945 not to be called to order by John Koontz as secretary of state; and
κ1973 Statutes of Nevada, Page 1885 (FILE NUMBER 21, SCR 5)κ
Whereas, His 26 years of continuous service in that office are probably unsurpassed in the United States; and
Whereas, During this time his office has received national honors for its standard of excellence, and the praise of corporate officials as the finest in the United States; and
Whereas, We who have known him realize that the root of all these honors lies in the combination of sincere dedication to his task with the sparkle of a warm and candid human being; and
Whereas, He has now closed an era of public service which includes the office of recorder of Esmeralda County and duty in the Armed Forces of our country by his retirement on January 10, 1973; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 57th session of the legislature commend former secretary of state John Koontz for his long and distinguished service to the State of Nevada, and wish him many happy years of retirement.
________
Assembly Resolution No. 5Committee on Legislative Functions
FILE NUMBER 22
ASSEMBLY RESOLUTIONAdopting joint standing rules and standing rules for the assembly of the Nevada legislature for the 57th regular session; rescinding Assembly Resolution 1 of the 57th session.
Resolved by the Assembly of the State of Nevada, That the joint standing rules of the assembly of the 56th session be adopted by the assembly of the 57th session; and be it further
Resolved, That Assembly Resolution 1 of the 57th session be and hereby is rescinded; and be it further
Resolved, That the following rules be adopted as standing rules of the assembly of the 57th session:
ASSEMBLY STANDING RULES
________
These rules shall be the Rules of the Assembly of the present session of the Legislature of the State of Nevada.
I. OFFICERS AND EMPLOYEES
Duties of Officers
1
Reserved.
2
Reserved.
κ1973 Statutes of Nevada, Page 1886 (FILE NUMBER 22, AR 5)κ
3
Reserved.
4
Reserved.
5
Reserved.
6
Tenure of Office.
Elective officers of the Assembly shall hold office during the session and at the close of the session their tenure shall cease.
II. SESSIONS AND MEETINGS
10
Time of Meeting.
The Assembly shall meet each day at 10 a.m., unless the Assembly adjourns to some other hour.
11
Reserved.
12
Reserved.
III. DECORUM AND DEBATE
20
Points of Order.
If any member, in speaking or otherwise, transgress the rules of the Assembly, the Speaker shall, or any member may, call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain; and if called to order by a member, such member shall immediately state the point of order. If the point of order be sustained by the Speaker, the member shall not be allowed to proceed; but if it be not sustained, then he shall be permitted to go on. Every such decision from the Speaker shall be subject to an appeal to the house; but no discussion of the question of order shall be allowed unless an appeal be taken from the decision of the Speaker.
21
Reserved.
22
Reserved.
κ1973 Statutes of Nevada, Page 1887 (FILE NUMBER 22, AR 5)κ
IV. QUORUM, VOTING, ELECTIONS
30
Manner of Voting.
The ayes and noes shall be taken when called for by three members present, and every member within the bar of the Assembly, when his name is called, shall (unless for special reasons he be excused) declare, openly and without debate, his vote. In taking the ayes and noes, and upon call of the house, the names of members shall be taken alphabetically, and the Chief Clerk shall enter on the Journal the names of those demanding the ayes and noes.
31
Reserved.
32
Announcement of the Vote.
The announcement of the result of any vote shall not be postponed.
33
Voting by Division.
Upon a division and count of the Assembly on any question, no person without the bar shall be counted.
V. LEGISLATIVE BODIES
40
Standing Committees.
The standing committees of the Assembly shall be as follows:
1. Ways and Means, nine members.
2. Judiciary, nine members.
3. Taxation, nine members.
4. Elections, seven members.
5. Education, seven members.
6. Legislative Functions, seven members.
7. Agriculture, seven members.
8. Labor and Management, seven members.
9. Transportation, seven members.
10. Commerce, nine members.
11. Environment and Public Resources, nine members.
12. Health and Welfare, seven members.
13. Government Affairs, nine members.
The number of members representing the majority political party on a standing committee shall only exceed the number of members of the minority political party by one.
41
Appointment of Committees.
Except as provided in Assembly Standing Rule 101, all committees shall be appointed by the Speaker, unless otherwise directed by the Assembly.
κ1973 Statutes of Nevada, Page 1888 (FILE NUMBER 22, AR 5)κ
42
Reserved.
43
Reserved.
44
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. It shall have authority to suspend and 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 three members from each county. It shall hear complaints on alleged breaches of ethics and conflicts of interests, brought by legislators and others, and it may advise legislators on questions of breaches of ethics and conflicts of interests. All proceedings by the Committee on matters of ethics of conflicts of interest shall be confidential.
45
Reports of Committees.
All bills, resolutions, or other matter referred to any committee shall be reported back by such committee to the Assembly, together with the action of the committee thereon, as soon as practicable after such reference.
46
Reserved.
47
Reserved.
48
Reserved.
49
Reserved.
50
Reserved.
51
Reserved.
52
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, the bill or resolution will pass to the second committee named, and that committee will pass upon it.
κ1973 Statutes of Nevada, Page 1889 (FILE NUMBER 22, AR 5)κ
named, and that committee will pass upon it. If one committee reports unfavorably and the other favorably, the bill or resolution will not be reported to the Assembly. However, the committee which votes not to report the bill or resolution out with favorable recommendation shall report to the Assembly in regular session, stating the reasons for not approving the bill or resolution.
VI. RULES GOVERNING MOTIONS
60
Entertaining.
No motion shall be debated until the same be distinctly announced by the Speaker; and it shall be reduced to writing, if desired by the Speaker or any member, and be read by the Chief Clerk before the same shall be debated. A motion may be withdrawn by the maker at any time before amendment or before the notion is put to vote.
61
Reserved.
62
Reserved.
Particular Motions
63
Reserved.
64
Reserved.
65
Indefinite Postponement.
When a question is postponed indefinitely, the same shall not be considered again during the session and the question shall not be subject to a motion for reconsideration.
66
To Strike Enacting Clause.
A motion to strike out the enacting clause of a bill or resolution shall not take precedence over any other subsidiary motion. If the motion is carried, it shall be considered equivalent to the rejection of such bill or resolution.
67
Division of Question.
Any member may call for a division of the question, which shall be divided, if it comprehend propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision of the Assembly. A motion to strike out being lost shall preclude neither amendment nor a motion to strike out and insert.
κ1973 Statutes of Nevada, Page 1890 (FILE NUMBER 22, AR 5)κ
amendment nor a motion to strike out and insert. A motion to strike out and insert shall be deemed indivisible.
68
To Reconsider-Precedence Of.
A motion to reconsider shall have precedence over every other motion, except a motion to adjourn, or to fix the time to which to adjourn; and when the Assembly adjourns, while a motion to reconsider is pending, or before passing the order of Motions and Resolutions, the right to move a reconsideration shall continue to the next day of sitting. No notice of reconsideration of any final vote shall be in order on the day preceding the last day of the session.
VII. DEBATE
80
Speaking on Question.
No member shall speak more than twice during the consideration of any one question, on the same day, and at the same stage of proceedings, without leave. Members who have once spoken shall not again be entitled to the floor (except for explanation) to the exclusion of others who have not spoken.
81
Previous Question.
The previous question shall be put only when demanded by three members. The previous question shall not be moved by the member last speaking on the question.
VIII. CONDUCT OF BUSINESS
A. Rules and Procedure
90
Masons Manual.
The rules of parliamentary practice contained in Masons Manual of Legislative Procedure shall govern the Assembly in all cases in which they are applicable and in which they are not inconsistent with the Standing Rules and orders of the Assembly, and the Joint Rules of the Senate and Assembly.
91
Suspension of Rule.
No standing rule or order of the Assembly shall be rescinded or changed without a vote of two-thirds of the members elected, and one days notice being given of the motion therefor; but a rule or order may be suspended temporarily by a vote of two-thirds of the members present.
92
Reserved.
93
Reserved.
κ1973 Statutes of Nevada, Page 1891 (FILE NUMBER 22, AR 5)κ
94
Privilege of the Floor and Lobbying.
No person, except Senators and state officers, shall be admitted at the bar of the Assembly, except by special invitation on the part of some member; but a majority may authorize the Speaker to have the Assembly cleared of all such persons. No person shall do any lobbying upon the floor of the Assembly at any time, and it shall be the duty of the Sergeant-at-Arms to remove any person or persons violating any of the provisions of this rule.
95
Material Placed on Legislators Desks.
All papers, letters, notes, pamphlets and other written material placed upon an assemblymans desk shall contain the signature of the legislator requesting the placement of such material on the desk or shall contain a designation of the origin of such material. This rule does not apply to books containing the legislative bills and resolutions, the legislative daily histories, the legislative daily journals or Legislative Counsel Bureau material.
96
Peddling and Soliciting.
Peddling, begging and soliciting are strictly forbidden in the Assembly Chamber, and in the lobby, gallery and halls adjacent thereto, and no part of said chamber or halls shall be used for, or occupied by signs or other devices for any kind of advertising.
97
Petitions and Memorials.
Petitions, memorials and other papers addressed to the Assembly, shall be presented by the Speaker, or by a member in his place. A brief statement of the contents thereof shall be made verbally by the introducer. They shall not be debated on the day of their being presented, but shall be on the table, or be referred, as the Assembly shall determine.
98
Request of Purpose.
A member may request the purpose of a bill or joint resolution upon its introduction.
99
Remarks.
It shall be in order for members to make remarks and to have such remarks entered in the Journal.
100
Precedence of Parliamentary Authority.
The precedence of parliamentary authority in the Assembly shall be as follows:
1. The Constitution of the State of Nevada.
κ1973 Statutes of Nevada, Page 1892 (FILE NUMBER 22, AR 5)κ
2. The Statutes of the State of Nevada.
3. The Standing Rules of the Assembly and the Joint Standing Rules of the Senate and Assembly.
4. Masons Manual of Legislative Procedure.
101
Organization of Assembly-Even Division of Members-Elect.
1. The provisions of this rule shall be applicable only if it appears from the roll of the members-elect of the Assembly prepared by the Secretary of State pursuant to subsection 1 of NRS 218.100 that the total number of the members-elect of the Assembly is evenly divided between two political parties.
2. If the total number of members-elect of the Assembly is evenly divided between two political parties, on the first day of each session of the legislature following the call of the Assembly to order by the Secretary of State pursuant to subsection 2 of NRS 218.100, the adoption of the report of the Committee on Credentials, and the taking of the oath by members of the Assembly, the members of each political party shall designate one member and such designees shall meet together publicly in the Assembly chambers with the Secretary of State, who shall determine, by lot, which party shall have leadership of the Assembly. The winning political party shall select the Speaker and Speaker pro tempore of the Assembly and shall have the majority of the members on the even-numbered standing committees as designated in Assembly Standing Rule 40. The losing political party shall have the majority of the members on the remaining standing committees designated in Assembly Standing Rule 40.
3. Following completion of the procedures specified in subsection 2, the winning political party shall select the Speaker and Speaker pro tempore of the Assembly and report its selection to the Secretary of State. The person so selected as Speaker shall thereupon assume the chair of the Assembly.
4. The members representing each political party shall then retire from the chambers and meet privately. The political party having the majority of members on each standing committee shall select a number of members equal to those authorized by Assembly Standing Rule 40, and designate one of such number as chairman of the standing committee. The political party having a minority of members on each standing committee shall select a number of members equal to those authorized by Assembly Standing Rule 40. Having completed the duties imposed by this subsection, both political parties shall report in writing to the Speaker, the chairman and members of the standing committees designated.
5. The Speaker shall not change the designation of chairmen and committee members made pursuant to subsection 4.
102
Reserved.
103
Reserved.
κ1973 Statutes of Nevada, Page 1893 (FILE NUMBER 22, AR 5)κ
B. Bills
104
Limitation on Bill Drafting Requests and Introductions.
1. 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.
(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 a 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.
105
Substitute Bills.
A substitute bill shall be deemed and held to be an amendment, and treated in all respects as such. However, a substitute bill may be amended after its adoption, in the same manner as if it were an original bill.
106
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 ramifications.
107
Information to Accompany Bills.
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 Clerk of witnesses who are proponents of the measure together with their addresses and telephone numbers.
κ1973 Statutes of Nevada, Page 1894 (FILE NUMBER 22, AR 5)κ
who are proponents of the measure together with their addresses and telephone numbers. This information shall be provided by:
(a) The Assemblyman introducing the bill;
(b) The person requesting a committee introduction of the bill; or
(c) The chairman of a committee introducing the bill.
The Clerk 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. The legislator introducing the legislation may accompany the legislation with a bill analysis which may include the internet, justification, purpose and effect of the legislation, or any of them.
108
Reserved.
109
Reading of Bills.
The Speaker shall announce at each reading of a bill whether it be the first, second or third reading. The first reading of a bill shall be for information. If there is objection, the question shall be, Shall the bill be rejected? If the question to reject fails to receive a majority vote by the members present, or if there is no objection, the bill shall take the proper course. No bill shall be referred to a committee until after the first reading, nor amended until after the second reading.
110
Second Reading and Amendment of Bills.
All bills shall be read the second time in the order in which they are reported by committees, unless different order is designated by motion. Upon second reading, Assembly bills reported without amendments shall be engrossed and placed on the General File, and Senate bills reported without amendments shall be placed on the General File. Committee amendments reported with bills shall be considered upon their second reading, and such amendments may be adopted by a majority vote of the members present. Assembly bills so amended shall be reprinted, engrossed, and placed on the General File, and Senate bills so amended shall be reprinted, reengrossed, and placed on the General File.
Any member may move to amend a bill during its second or third reading, and such motion to amend may be adopted by a majority vote of the members present. Bills so amended on second reading shall be treated the same as bills with committee amendments. Any bill so amended upon the General File shall be reprinted and reengrossed.
The reprinting of amended bills may be dispensed with only in accordance with the provisions of law.
111
Reserved.
112
Reserved.
κ1973 Statutes of Nevada, Page 1895 (FILE NUMBER 22, AR 5)κ
113
General File.
All bills reported to the Assembly, by either standing or special committees, after receiving their second readings shall be placed upon a General File, to be kept by the Chief Clerk. No bill shall be considered by the Assembly until the regular order of business shall have been gone through. Then bills shall be taken from the General File and acted upon in the order in which they were reported, unless otherwise specially ordered by the Assembly. But engrossed bills shall be placed at the head of the file, in the order in which they are received. The Chief Clerk shall post, in a conspicuous place in the Chamber, a daily statement of the bills on the General File, setting forth the order in which they are filed, and specifying the alterations arising from the disposal of business each day. He shall likewise post notices of special orders as made.
114
Reserved.
115
Reconsideration of Vote on Bill.
On the first legislative day that the Assembly is in session succeeding that on which a final vote on any bill or resolution has been taken, a vote may be reconsidered on the motion of any member. Notice of intention to move such reconsideration shall be given on the day on which such final vote was taken by a member voting with the prevailing party. It shall not be in order for any member to move a reconsideration on the day on which such final vote was taken, except by unanimous consent. But there shall be no reconsideration of a vote on a motion to indefinitely postpone. Motions to reconsider a vote upon amendments to any pending question may be made at once.
116
Reserved.
117
Reserved.
C. Resolutions
118
Treated as Bills-Joint Resolutions.
The procedure of enacting joint resolutions shall be identical to that of enacting bills. However, joint resolutions proposing amendments to the Constitution shall be entered in the Journal in their entirety.
119
Reserved.
120
Order of Business.
The Order of Business shall be as follows:
κ1973 Statutes of Nevada, Page 1896 (FILE NUMBER 22, AR 5)κ
1. Roll Call.
2. Reading and Approval of Journal.
3. Presentation of Petitions.
4. Reports of Standing Committees.
5. Reports of Select Committees.
6. Messages from the Governor.
7. Messages from the Senate.
8. Motions, Resolutions and Notices.
9. Introduction, First Reading and Reference.
10. Second Reading and Amendment.
11. General File and Third Reading.
12. Unfinished Business of Preceding Day.
13. Special Orders of the Day.
14. Remarks from the Floor, limited to ten minutes.
121
Reserved.
122
Privileged Questions.
Privileged questions shall have precedence of all others in the following order:
1. Motions to fix the time to which the Assembly shall adjourn.
2. Motions to adjourn.
3. Questions relating to the rights and privileges of the Assembly or any of its members.
4. A call of the house.
5. Motions for special orders.
123
Privilege of Closing Debate.
The author of a bill, resolution or a main question shall have the privilege of closing the debate, unless the previous question has been sustained.
124
Reserved.
125
Reserved.
126
Vetoed Bills.
Bills which have passed both houses of the Legislature and are transmitted to the Assembly accompanied by a message or statement of the Governors disapproval or veto of the same, shall be taken up and considered immediately upon the coming in of the message transmitting the same, or shall become the subject of a special order, and when the message is received, or (if made a special order) when the special order is called, the said message or statement shall be read together with the bill or bills so disapproved or vetoed; and the message and bill shall be read by the Chief Clerk without interruption, consecutively, one following the other, and not upon separate occasions; and no such bill or message shall be referred to any committee, or otherwise acted upon save as provided by law and custom; that is to say, that immediately following such reading the only question (except as hereinafter stated) which shall be put by the Speaker is, Shall the bill pass, notwithstanding the objections of the Governor?
κ1973 Statutes of Nevada, Page 1897 (FILE NUMBER 22, AR 5)κ
other, and not upon separate occasions; and no such bill or message shall be referred to any committee, or otherwise acted upon save as provided by law and custom; that is to say, that immediately following such reading the only question (except as hereinafter stated) which shall be put by the Speaker is, Shall the bill pass, notwithstanding the objections of the Governor? It shall not be in order, at any time, to vote upon such vetoed bill without the same shall first have been read, from the first word of its title to and including the last word of its final section; and no motion shall be entertained after the Speaker has stated the question, save a motion to adjourn or a motion for the previous question, but the merits of the bill itself may be debated. The message or statement containing the objections of the Governor to the bill shall be entered upon the Journal of the Assembly. The consideration of a vetoed bill, and the objections of the Governor thereto, shall be a privileged question, and shall take precedence over all others.
127
Reserved.
128
Reserved.
IX. LEGISLATIVE INVESTIGATIONS AND MISCELLANEOUS
140
Compensation of Witnesses.
Witnesses summoned to appear before the Assembly or any of its committees shall be compensated as provided by law for witnesses required to attend on the courts of the State of Nevada.
141
Use of the Assembly Chamber.
The Assembly Chamber shall not be used for any public or private business other than legislative, except by permission of the Assembly.
________
Assembly Concurrent Resolution No. 4Messrs. Schofield, Vergiels, Fry, Bremner, Mrs. Brookman, Messrs. Bickerstaff, Hafen, May, Dini, Prince, Getto, Huff, Mrs. Gojack, Messrs. Ullom, Hickey, Smalley, Ashworth, Jacobsen, Capurro, McNeel, Dreyer, Barengo, Craddock, Robinson, Smith, Howard, Mello, Banner, Lowman, Bennett, Crawford, Broadbent, Mrs. Ford, Mr. Demers, Miss Foote, Messrs. Torvinen, Glover and Hayes
FILE NUMBER 23
ASSEMBLY CONCURRENT RESOLUTIONCongratulating the Parent-Teachers Association for its many successful activities and welcoming officers and members to PTA Day at the Legislature.
Whereas, 1972 marked the Diamond Anniversary of the organization of the Parent-Teacher Association in this country; and
κ1973 Statutes of Nevada, Page 1898 (FILE NUMBER 23, ACR 4)κ
Whereas, The PTA is the oldest and largest volunteer organization bringing parents and teachers together in their dedication to the needs and welfare of the student in the school and the community; and
Whereas, The PTA has generously donated funds to create libraries, supply classrooms and promote playgrounds; and
Whereas, The PTA has initiated activities to aid schools in providing quality education to students and given time, help and understanding to guide students in their efforts to be capable citizens; and
Whereas, The PTA has continually improved relationships between schools and the community by promoting parent-teacher-student programs which lead to a better understanding of the educational process; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature of the State of Nevada welcomes the officers and members of the Nevada Parent-Teacher Association and designates February 15, 1973, as PTA Day at the Legislature, and be it further
Resolved, That the legislature of the State of Nevada wishes the 26,000 members of the Nevada State Parent-Teacher Association continued success in their efforts to better the education and welfare of the students of this state; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the national president of the National Congress of Parent-Teacher Associations, Mrs. Elizabeth Mallory, and to the president of the Nevada State Parent-Teacher Association, Mrs. Willard Sullivan.
________
Senate Resolution No. 7Senators Pozzi, Blakemore, Brown, Bryan, Close, Dodge, Drakulich, Echols, Foley, Gibson, Hecht, Herr, Lamb, Monroe, Neal, Raggio, Swobe, Walker, Wilson and Young
FILE NUMBER 24
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 untold hardship, deprivation, discouragement and personal criticism during his life, yet he never ceased to retain his high standard of personal integrity and achievement in the face of such adversity; and
Whereas, Lincoln possessed, and was able to project and kindle in others an incisive awareness off the equality of all men, regardless of race, religion, creed or previous condition of servitude; and
Whereas, Lincoln is a significant figure in the history of this state, Nevada having acquired statehood during his term of Presidency; and
Whereas, The great works of his life, accomplished through tireless dedication, have made him unequivocally one of the finest and most equitable men to have served, or ever to serve as President of the United States; now, therefore, be it
κ1973 Statutes of Nevada, Page 1899 (FILE NUMBER 24, SR 7)κ
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.
________
Assembly Joint Resolution No. 6Messrs. Robinson, Ashworth, Craddock, Dreyer, Demers, Glover, Bremner, Huff, Lowman and Hafen
FILE NUMBER 25
ASSEMBLY JOINT RESOLUTIONExpressing the concern of the legislature over, and asking the President of the United States to rescind the order closing the Nuclear Rocket Development Station at Jackass Flats, Nevada, and requesting that further governmental research be directed to the Nuclear Rocket Development Station research team.
Whereas, The sudden announcement of the rapid closing of the Nuclear Rocket Development Station at Jackass Flats, Nevada, will cause the termination of projects involving approximately 200 research employees; and
Whereas, These workers represent a pool of human resources unique to the world by virtue of their highly specialized scientific and technical knowledge; and
Whereas, The disbanding of this team, which has taken years to develop, would deprive the United States and the world of a very special and necessary asset; and
Whereas, The tremendous financial investment in buildings and land development, physical facilities, research tools and instruments, and specialized and conventional administrative equipment would be lost; and
Whereas, The future of the United States, and indeed the world rests in the hands and minds of such men; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the Nevada Legislature hereby communicates to the President of the United States their concern and requests that the order to close the Nuclear Rocket Development Station be rescinded, and that immediate contingency plans be placed in effect to continue research at said Nuclear Rocket Development Station, and that studies be made to divert appropriate governmental research for the betterment of mankind to the Nuclear Rocket Development Station research team, and, if necessary, that this effort be of an international nature; and be it further
Resolved, That Nevada Senators Alan Bible and Howard Cannon and Congressman David Towell make a joint strenuous effort to retain the valuable Nuclear Rocket Development Station research team and facilities in an operational status; and be it further
Resolved, That true copies of this resolution be mailed by the legislative counsel to the President of the United States and the Congressional delegation of the State of Nevada.
________
κ1973 Statutes of Nevada, Page 1900κ
Assembly Resolution No. 8Committee on Legislative Functions
FILE NUMBER 26
ASSEMBLY RESOLUTIONAppointing an additional assembly attache for the 1973 session of the Nevada legislature.
Resolved by the Assembly of the State of Nevada, That the following named individual is hereby appointed as an additional attache of the assembly of the State of Nevada for the 1973 session of the Nevada legislature: Heather McConomy.
________
Assembly Concurrent Resolution No. 5Messrs. Lowman, Ashworth, Banner, Howard, Robinson, Demers, Hayes, Craddock, Young, Huff, Wittenberg, May, Mrs. Ford, Messrs. Prince, Bennett, McNeel, Ullom, Capurro, Barengo, Hafen, Torvinen, Schofield, Vergiels, Smith, Hickey, Dini, Mello, Miss Foote, Mr. Glover, Mrs. Brookman, Messrs. Smalley, Bremner, Bickerstaff, Jacobsen, Dreyer, Crawford, Broadbent, Mrs. Gojack, Messrs. Fry and Getto
FILE NUMBER 27
ASSEMBLY CONCURRENT RESOLUTIONDesignating Nevada Boy Scout Day to be February 12, 1973.
Whereas, On February 8, 1910, following a visit to England where he met Sir Robert Baden-Powell, founder of the Scouting movement, William D. Boyce, a Chicago publisher, founded the Boy Scouts of America; and
Whereas, The Boy Scouts of America have designated February 12, 1973, as Boy Scout Day in commemoration of the 63d Anniversary of the founding of the Boy Scouts of America; and
Whereas, On this day, February 12, 1973, 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 infused in the souls of young men that high ideals and principles of integrity and good character inherent in the Boy Scout Law; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That February 12, 1973, be declared to be Nevada Boy Scout Day; and be it further
Resolved, That the Boy Scouts of America be heartily commended for their interest in government and their contributions to the people of the State of Nevada; 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 for the Boy Scouts of America.
________
κ1973 Statutes of Nevada, Page 1901κ
Assembly Resolution No. 9Messrs. Lowman, Smith, McNeel, Hayes, Hickey, Robinson, Getto, Howard, Craddock, Ullom, Young, Banner, Hafen, Torvinen, May, Vergiels, Smalley, Barengo, Crawford, Dreyer, Mrs. Ford, Messrs. Bremner, Mello, Jacobsen, Prince, Bennett, Huff, Miss Foote, Messrs. Demers, Broadbent, Capurro, Glover, Mrs. Gojack, Messrs. Dini, Wittenberg, Bickerstaff, Mrs. Brookman and Mr. Schofield
FILE NUMBER 28
ASSEMBLY RESOLUTIONWelcoming home Nevadans held as prisoners of war during the Viet-Nam conflict.
Whereas, The cessation of the Viet-Nam war marks the end of the longest international conflict ever endured by this nation; and
Whereas, The members of the Armed Forces and the civilian personnel of the United States of America who were taken prisoner during the throes of that seemingly endless conflict have been or are about to be released to return to their homeland; and
Whereas, Among those released or about to be released are the following Nevadans:
Colonel Richard A. Dutton;
Colonel John OGrady;
Commander James O. ONeill;
Douglas K. Ramsey;
Major Richard E. Smith;
Lieutenant Colonel Dwight E. Sullivan; and
Major Robert F. Waggoner; and
Whereas, The people of this state desire to make this inadequate but sincere expression of gratitude for the supreme endeavor and sacrifice made by these men in defense of the principles which have long been the cornerstones of our nation; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That we extend to these brave and courageous Nevadans our warmest welcome and our most sincere with for their happiness upon their release and return home.
________
Assembly Resolution No. 10Mrs. Gojack, Messrs. Mello, Torvinen, Barengo, Lowman, Huff, Wittenberg, Mrs. Ford, Messrs. Broadbent, Jacobsen, Crawford, Bennett, McNeel, Smith, Dreyer, Howard, Robinson, Demers, Hayes, Craddock, Ullom, Young, Prince, Banner, Hafen, Bickerstaff, Mrs. Brookman and Miss Foote
FILE NUMBER 29
ASSEMBLY RESOLUTIONCommending Mrs. Ruth B. Eason for her fine and outstanding service to the public as acting curator of the Capitol Building.
Whereas, The history of the State of Nevada is only preserved for our people by those who understand the character of the people and the character of the country; and
Whereas, Mrs. Ruth B. Eason is one of those native Nevadans who has volunteered her time and service to narrate the story of the growth of the state and its people; and
κ1973 Statutes of Nevada, Page 1902 (FILE NUMBER 29, AR 10)κ
Whereas, Mrs. Ruth B. Eason added interest and flavor to the story of the building of the Capitol Building, helped visitors and residents relive the days of the mining boom and the glory and splendor of Carson City, and brought meaning to the functions of our government by bringing our government closer to the people; and
Whereas, Mrs. Ruth B. Eason brought energy and devotion to her position as acting curator of the Capitol Building; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That Mrs. Ruth B. Eason be commended for her outstanding public service as acting curator of the Capitol Building and that the gratitude and appreciation of this body and the people of the State of Nevada are expressed to her; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to Mrs. Ruth B. Eason.
________
Assembly Concurrent Resolution No. 7Mrs. Brookman, Messrs. Bennett, Crawford, Broadbent, Capurro, Mesdames Gojack, Ford, Messrs. Wittenberg, Lowman, Ullom, Huff, Craddock, Torvinen, Fry, Banner, Howard, Hafen, Dreyer, Smalley, Robinson, Bremner, Vergiels, Getto, Bickerstaff, Mello, Barengo, Hickey, Ashworth, Glover, McNeel, Young, May, Jacobsen, Schofield, Demers, Dini, Prince, Smith, Miss Foote and Mr. Hayes
FILE NUMBER 30
ASSEMBLY CONCURRENT RESOLUTIONCommemorating National Negro History Week.
Whereas, The week of February 11-17, 1973, has been designated for the 47th celebration of National Negro History Week; and
Whereas, the annual celebration of Negro History Week is a reminder of the burgeoning significant contributions of these people to the advancement of the world; and
Whereas, Negro History Week imparts to all races a meaningful knowledge and understanding of the works and endeavors of those, a credit to their race, their country and mankind, who have endured privation and long suffering to achieve monumental goals; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature joins with all the people of the State of Nevada in the commemoration of Negro History Week and the recognition of the efforts and accomplishments of Black people in the development of our society.
________
κ1973 Statutes of Nevada, Page 1903κ
Assembly Resolution No. 7Mrs. Ford, Mr. Jacobsen, Mrs. Brookman, Messrs. Lowman and Bremner
FILE NUMBER 31
ASSEMBLY RESOLUTIONAdopting revised and additional standing rules for the assembly of the Nevada legislature for the 57th regular session.
Resolved by the Assembly of the State of Nevada, That Assembly Standing Rule No. 41 be, and it hereby is, amended to read as follows:
41
Appointment of Committees.
Except as provided in Assembly Standing Rule 101, all committees shall be appointed by the Speaker, unless otherwise directed by the Assembly. The Speaker shall designate the chairman of each committee. The Chairman shall appoint one member as vice-chairman with the permission of the speaker.
Resolved, That the assembly standing rules be, and they hereby are, amended by adding the following new rules:
42
Committee Action.
The Committee shall have regular meetings scheduled by the Assembly leadership. A quorum of the committee is a majority of its members and may transact business except as limited by this rule. Motions may be moved, seconded and passed by voice vote by a simple majority of those present, except that definite action on a bill or resolution will require a majority of the entire committee. A two-thirds majority of all the committee is required to reconsider action on a bill or resolution. Committee introduction requires concurrence of two-thirds of the committee and does not imply commitment to support final passage. The chairman shall vote on all final action regarding bills or resolutions. No member of the committee may vote by proxy under any circumstances.
43
Subcommittees.
Subcommittees made up of committee members may be appointed by the chairman to consider and report back on specific subjects or bills.
46
Committee Action on Reports.
Committee reports shall be adopted at a committee session actually assembled and meeting as a committee with a quorum present. Every committee vote on a matter pertaining to a bill or resolution shall be recorded. The vote may be taken by roll call at the discretion of the chairman.
47
Committee Records.
The chairman of each committee shall keep, or cause to be kept, a complete record of the committee proceedings in which there shall be entered:
κ1973 Statutes of Nevada, Page 1904 (FILE NUMBER 31, AR 7)κ
complete record of the committee proceedings in which there shall be entered:
1. The time and place of each meeting;
2. The attendance and absence of members;
3. The names of all persons appearing before the committee, with the names of persons, firms, corporations or associations in whose behalf such appearance is made; and
4. The subjects or measures considered and action taken.
48
Disposition of Committee Records.
All minutes, records and documents in the possession of committees and their chairmen shall be filed in the offices of the Legislative Counsel Bureau upon adjournment sine die.
49
Committee Hearings.
Public hearings shall be held on important bills and other matters of high public interest. Notice of time and place of the hearing and subject matter under consideration shall be given in advance to legislators, the press and the public, the minimum of which is a written notice posted in an appropriate conspicuous place at least two days prior to the meeting. Presence of a quorum of the committee is desirable but not required. Public hearings are opened by the chairman who announces the subject under consideration and provides for those wishing to address the committee to be heard. These persons shall rise in an order determined by the chairman, address the chair, furnish their names, addresses and firms or other organizations represented. Committee members may address the chairman for permission to question the witness. When all persons present have been heard, the chairman may declare the public hearing closed on the matter before proceeding to other matters.
________
Senate Resolution No. 8Senators Brown, Blakemore, Bryan, Close, Dodge, Drakulich, Echols, Foley, Gibson, Hecht, Herr, Lamb, Monroe, Neal, Pozzi, Raggio, Swobe, Walker, Wilson and Young
FILE NUMBER 32
SENATE RESOLUTIONMemorializing George Washington, the first President of the United States, on the anniversary of his birth.
Whereas, On this day, February 22, it is fitting to commemorate the birth of George Washington, mindful that George Washingtons spirit of nobility, tenacity of purpose, and inventiveness under stress embodies the purpose and ideals of this country; and
Whereas, The fortitude with which he met overwhelming difficulties was based upon his faith; defeats to him were merely temporary setbacks and victories merely longer or shorter steps toward final success; 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 the knowledge that this was only to be gained and held by a strong union and by honorable conduct; and
κ1973 Statutes of Nevada, Page 1905 (FILE NUMBER 32, SR 8)κ
had gained, that it should take high rank among the nations of the world, was coupled with the knowledge that this was only to be gained and held by a strong union and by honorable conduct; and
Whereas, Having already seen the lengths to which partisanship, prejudice, and jealously could go, he was well aware that this new task would be difficult; and
Whereas, His insights in this regard may well be an example to us all; now, therefore, be it
Resolved by the Senate of the State of Nevada, That when this body adjourns today it do so in the memory of George Washington, whose fame is placed high upon the scroll of the worlds great leaders.
________
Assembly Concurrent Resolution No. 10Messrs. Glover, Ashworth, Dini, Dreyer, Young, Howard, Smalley, Prince, Banner, Robinson, May, Jacobsen and Mello
FILE NUMBER 33
ASSEMBLY CONCURRENT RESOLUTIONMemorializing Irma M. Carville.
Whereas, The members of the legislature of the State of Nevada wish to pay homage to the memory of Irma M. Carville, widow of former governor of Nevada, E. P. Carville; and
Whereas, She was born December 14, 1890, in South Bend, Indiana; and
Whereas, Irma Carville came to Nevada in 1910 and lived with her husband in Elko prior to his appointment as United States Attorney for Nevada after which they moved to Reno; and
Whereas, A leader in civic and religious activities, Mrs. Carville served as a member of Our Lady of the Snow Altar Society, the Diocesan Council of Catholic Women and the St. Agnes Club; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the legislature of the State of Nevada pay homage to the memory of Irma M. Carville whose passing is mourned by all Nevadans; 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 Irma M. Carville.
________
Assembly Concurrent Resolution No. 11Messrs. Barengo, Torvinen and Fry
FILE NUMBER 34
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late assemblyman, attorney and gentleman of the bar, John S. Sinai.
Whereas, The legislature of the State of Nevada has learned with great sorrow of the passing of John S. Sinai; and
Whereas, Mr. Sinai was known and respected as an attorney and as a great gentleman of the bar, being admitted to the Nevada and California bars in 1918; and
κ1973 Statutes of Nevada, Page 1906 (FILE NUMBER 34, ACR 11)κ
great gentleman of the bar, being admitted to the Nevada and California bars in 1918; and
Whereas, Mr. Sinai served as lieutenant colonel and aide-de-camp of the Nevada Militia in 1918 and judge advocate in 1923; and
Whereas, Mr. Sinai was an active participant in civic and professional organizations in Reno during his long and distinguished career; and
Whereas, Mr. Sinai was elected in 1918 as an assemblyman and served in the 29th session of the Nevada legislature in 1919 while he was still in the Army; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 57th session of the Nevada legislature express their sincere and deep sorrow to the surviving family of the late Mr. John S. Sinai; 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 Resolution No. 9Committee on Legislative Functions
FILE NUMBER 35
SENATE RESOLUTIONAppointing an additional senate attache for the 1973 session of the Nevada legislature.
Resolved by the Senate of the State of Nevada, That Kathleen Johnson is hereby appointed as an additional attache of the senate of the State of Nevada for the 1973 session of the Nevada legislature.
________
Assembly Resolution No. 12Messrs. Lowman, Banner, Bennett, Bickerstaff, Bremner, Broadbent, Mrs. Brookman, Messrs. Capurro, Craddock, Crawford, Demers, Dini, Dreyer, Miss Foote, Mrs. Ford, Messrs. Fry, Getto, Glover, Mrs. Gojack, Messrs. Hafen, Hayes, Hickey, Howard, Huff, Jacobsen, May, McNeel, Mello, Prince, Robinson, Schofield, Smalley, Smith, Torvinen, Ullom, Vergiels, Wittenberg, Young and Ashworth
FILE NUMBER 36
ASSEMBLY RESOLUTIONDesignating March 5, 1973, 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 commendable purpose of helping girls from 7 to 17 years of age develop as well-adjusted, helpful and mature individuals; and
Whereas, Especially today the great value of Girl Scout training in the appreciation of the natural environment and in the skills of using and conserving its benefits are respected; and
κ1973 Statutes of Nevada, Page 1907 (FILE NUMBER 36, AR 12)κ
appreciation of the natural environment and in the skills of using and conserving its benefits are respected; and
Whereas, The people of the State of Nevada are justifiably and genuinely proud of their Girl Scouts; and
Whereas, The program of the Girl Scouts of the United States of Americas is attaining the priceless goal of building character and responsibility in the youth of our country; and
Whereas, The program conducted by the Girl Scouts charts a path of physical, psychological and moral well-being throughout the lives of those involved in it, all to the immeasurable enhancement of 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 5, 1973; and be it further
Resolved, That the members of the assembly of the 57th 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, integrity 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.
________
Assembly Concurrent Resolution No. 14Mrs. Brookman, Messrs. Banner, Barengo, Bennett, Bickerstaff, Bremner, Broadbent, Capurro, Craddock, Crawford, Demers, Dini, Dreyer, Miss Foote, Mrs. Ford, Messrs. Fry, Getto, Glover, Mrs. Gojack, Messrs. Hafen, Hayes, Hickey, Howard, Huff, Jacobsen, Lowman, May, McNeel, Mello, Robinson, Schofield, Smalley, Smith, Torvinen, Ullom, Vergiels, Wittenberg, Young and Ashworth
FILE NUMBER 37
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Clark L. Prince.
Whereas, The legislature of the State of Nevada has learned with great sorrow of the passing of Clark L. Prince, brother of Assemblyman Rawson Prince; and
Whereas, Mr. Prince moved to Nevada from Gooding, Idaho, in 1935, and resided in White Pine County from 1935 to 1945; and
Whereas, Mr. Prince operated a crane for the Nevada Northern Railroad and was later a fireman for the railroad at Caliente, Nevada; and
Whereas, Mr. Prince was a member of Operating Engineers, Fraternal Order of Eagles, Elks Lodge and the Church of Jesus Christ of Latter Day Saints; 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 57th session of the legislature of the State of Nevada are hereby extended to Mrs.
κ1973 Statutes of Nevada, Page 1908 (FILE NUMBER 37, ACR 14)κ
the 57th session of the legislature of the State of Nevada are hereby extended to Mrs. Lois Prince, Assemblyman Rawson Prince and to the other members of the surviving family of the late Mr. Clark L. Prince; and be it further
Resolved, That a copy of the resolution be prepared and transmitted forthwith by the legislative counsel to the surviving family of Mr. Prince.
________
Senate Concurrent Resolution No. 9Senators Brown, Blakemore, Bryan, Close, Dodge, Drakulich, Echols, Foley, Gibson, Hecht, Herr, Lamb, Monroe, Neal, Pozzi, Raggio, Swobe, Walker, Wilson and Young
FILE NUMBER 38
SENATE CONCURRENT RESOLUTIONMemorializing Paul D. McDermott.
Whereas, University of Nevada Regent Paul D. McDermott is dead at the age of 55; and
Whereas, As a native of Elko and a graduate of the University of Utah, Mr. McDermott was a dedicated supporter of the university; and
Whereas, He had been appointed to the board of regents in 1967, and again in 1970, and he was elected to the board for a 6-year term in 1972, and
Whereas, As a Las Vegas businessman, he spearheaded a 1967 fund drive to raise $100,000 to launch bigtime football at the University of Nevada, Las Vegas, he was one of the founders of the Center for Performing Arts at the University of Nevada, Las Vegas, and he was active in the campaign to raise money to meet the centers $2.3 million cost; and
Whereas, As a dedicated public servant, he also served on the Nevada tax commission and the Colorado River commission and he was a member of the board of the Bank of Nevada; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 57th session of the legislature of the State of Nevada pay homage to the memory of a true friend of Nevada, Paul D. McDermott, whose passing will be deeply mourned by all; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the surviving family.
________
Assembly Concurrent Resolution No. 15Messrs. Hafen, Ashworth, Dreyer, Jacobsen, Dini and Getto
FILE NUMBER 39
ASSEMBLY CONCURRENT RESOLUTIONCommending newspaper publisher Jack McCloskey for accomplishments in the field of journalism.
Whereas, Mr. Jack McCloskey was born in Goldfield, Nevada, on September 19, 1911, and thereafter moved to Tonopah, Nevada, where he, at the young age of eleven, embarked upon his remarkable career in the field of journalism by selling newspapers, subsequently becoming a printers apprentice and a writer for the Tonopah Times Bonanza, all before his graduation from high school; and
κ1973 Statutes of Nevada, Page 1909 (FILE NUMBER 39, ACR 15)κ
the field of journalism by selling newspapers, subsequently becoming a printers apprentice and a writer for the Tonopah Times Bonanza, all before his graduation from high school; and
Whereas, In 1929, at the age of eighteen, he moved to Hawthorne, Nevada, to become editor-reporter of the Hawthorne News, only to find himself cast, shortly thereafter, upon the seas of the unemployed during the throes of the Great Depression; and
Whereas, In 1933, he borrowed the sum of $200 to become self-employed by founding the Mineral County Independent News in partnership with Mr. J. W. Connors. This fledgling but vigorous enterprise within two years of its inception acquired the assets of the Hawthorne News; and
Whereas, In 1954, Jack McCloskey purchased the interest of his partner in the Mineral County Independent News, and has since then been the single owner and operator of the newspaper; and
Whereas, Due to Jack McCloskeys efforts the Mineral County Independent News has always been a responsive and responsible voice in the affairs of Mineral County and the State of Nevada, making significant and historical contributions to journalism in the Silver State; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That Jack McCloskey, on this the fortieth anniversary of his ownership and operation of the Mineral County Independent News, be commended, not only for his contributions to journalism, but also for his steadfast perseverance in the longest period of continuous, active ownership and publication of a newspaper by an individual in the State of Nevada; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Mr. Jack McCloskey.
________
Senate Joint Resolution No. 2Senator Young
FILE NUMBER 40
SENATE JOINT RESOLUTIONMemorializing the Congress of the United States to adopt certain legislation requiring the decennial United States census of each state to be made according to a plan and form approved by the governor of the state whose population is being tabulated.
Whereas, The representation in the legislature of the State of Nevada is apportioned according to the population of districts within the State of Nevada, as determined by the decennial United States census; and
Whereas, The process of reapportionment of the legislature is lengthy and complex; and
Whereas, The process of reapportioning the legislature would be greatly expedited by the prompt reporting to the governor of the State of Nevada of the results of a census made according to a plan and form approved by the governor of the State of Nevada; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the 93d Congress of the United States is hereby memorialized to adopt legislation embodying the provisions of H.R.
κ1973 Statutes of Nevada, Page 1910 (FILE NUMBER 40, SJR 2)κ
That the 93d Congress of the United States is hereby memorialized to adopt legislation embodying the provisions of H.R. 15773 of the 92d Congress of the United States, which will require the tabulation of total population by state for the apportionment of the legislative bodies of each state to be made and promptly reported according to a plan and form approved by the governor of the state being tabulated; 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 Concurrent Resolution No. 10Senators Swobe, Blakemore, Brown, Bryan, Close, Dodge, Drakulich, Echols, Foley, Gibson, Hecht, Herr, Lamb, Monroe, Neal, Pozzi, Raggio, Walker, Wilson and Young
FILE NUMBER 41
SENATE CONCURRENT RESOLUTIONCommemorating the centennial year of the University of Nevada.
Whereas, The University of Nevada was established by the legislature in 1873 pursuant to the constitution of the State of Nevada to provide a cultural and educational focus for the people of the State of Nevada; and
Whereas, Continual expansion in terms of faculty, students, facilities and influence has characterized the University since its modest start in Elko, Nevada, in 1873; and
Whereas, The University has grown into full-fledged status among the nations universities and is noted in particular for the academic quality it maintains as an institution of higher education; and
Whereas, The University, from the time of its inception 100 years ago, has continually sought to transmit human culture and its accumulated knowledge to new generations through formal teaching, research and artistic creation and to provide specific services to the people of Nevada and the United States; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 57th session of the legislature of the State of Nevada share in the pride which the people of the State of Nevada feel for their university; and be it further
Resolved, That the members of this legislature in this centennial year of the University of Nevada express deep gratitude and hearty congratulations to each person who has contributed to the development and distinction of the University of Nevada and commemorates the institution for its 100 years of service to the people of this state and the country.
________
κ1973 Statutes of Nevada, Page 1911κ
Assembly Resolution No. 11Mrs. Brookman
FILE NUMBER 42
ASSEMBLY RESOLUTIONAmending Standing Rule 104 for the 57th regular session of the legislature.
Resolved by the Assembly of the State of Nevada, That Assembly Standing Rule 104 be, and it hereby is, amended to read as follows:
104
Limitation on Bill Drafting Requests and Introductions.
1. After the first 40 calendar 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 calendar days of a regular legislative session, bills and joint resolutions may be introduced by:
(a) Standing committees without consent.
(b) A member who had requested the drafting of such bill or joint resolution by the legislative counsel prior to the 41st calendar 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.
________
Senate Joint Resolution No. 10Senator Monroe
FILE NUMBER 43
[To be returned to 1975 legislature]
SENATE JOINT RESOLUTIONProposing to amend section 14 of article 5 of the constitution of the State of Nevada to permit the legislature to enact laws enabling courts inferior to district courts to suspend sentences and grant probation.
Resolved by the Senate and Assembly 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:
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, 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.
κ1973 Statutes of Nevada, Page 1912 (FILE NUMBER 43, SJR 10)κ
relative to the manner of applying for pardons. The legislature [is authorized to] may pass laws conferring upon the district and inferior 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 Concurrent Resolution No. 22Messrs. Smith, Lowman, Ashworth, Ullom, Young, Howard, Jacobsen, Torvinen, Hafen, Mello, Hayes, Dreyer, May, Smalley, Getto, Miss Foote, Messrs. Prince, Banner and Schofield
FILE NUMBER 44
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Fred D. Gibson, Sr., mentor of Nevadas mining industry.
Whereas, The legislature of the State of Nevada has learned, with great sorrow, of the passing of Fred D. Gibson, Sr., a Nevadan who contributed much toward the growth of our state; and
Whereas, Mr. Gibson was born in Winston, Missouri, and spent his early years in Missouri and Colorado; and
Whereas, Mr. Gibson chose to come to Nevada in 1929 and spent the remainder of his years aiding and guiding our state in its growth; and
Whereas, Mr. Gibson was named to the state planning board and served in that capacity for nearly twenty years, under four different governors, the longest term of any member in the history of the state planning board; and
Whereas, Mr. Gibson was instrumental in developing Henderson, Nevada, as a viable community, contributing considerably to the economy of our state; and
Whereas, Mr. Gibson has done much to advance the mining industry of this state; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That condolences of the members of this 57th session of the legislature of the State of Nevada are hereby extended to the widow and children of the late Fred D. Gibson, Sr.; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the widow and children of the late Fred D. Gibson, Sr.
________
κ1973 Statutes of Nevada, Page 1913κ
Assembly Concurrent Resolution No. 23Messrs. Torvinen, Broadbent, Glover, Barengo, Mrs. Gojack, Messrs. Wittenberg, Bickerstaff and Capurro
FILE NUMBER 45
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Thompson Douglas Magowan.
Whereas, The tragic and untimely death of Thompson Douglas Magowan has shocked and saddened the citizens of the State of Nevada; and
Whereas, Doug Magowan was born in Las Vegas, Nevada, on December 9, 1950, graduated from Woodside High School in Woodside, California, in 1968, and attended Sacramento State University before transferring to the University of Nevada at Reno; and
Whereas, Doug Magowan is fondly remembered as a fine athlete and a promising scholar, embodying the highest tradition of commitment to the development of a sound mind and body; and
Whereas, Doug Magowan served his community by participating in the University of Nevada ski team and, in that capacity, represented the State of Nevada in intercollegiate competition; and
Whereas, Doug Magowan, by his life and conduct, exemplified the aspirations of youth which find their natural fulfillment in manhood; but, being denied that fulfillment in life, now provides a model for the future fulfillment of the dreams of young men and women to follow; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the condolences of the 57th session of the Nevada legislature are hereby expressed to the parents and surviving family of the late Thompson Douglas Magowan; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the parents and surviving family of the deceased.
________
Assembly Concurrent Resolution No. 25Mrs. Brookman, Messrs. Bremner, Lowman, Bickerstaff, Smalley, Ullom, Smith, Hickey, Fry, Mrs. Ford, Messrs. Banner, Torvinen, Vergiels, May, Crawford, Demers, Wittenberg, Capurro, Bennett, Huff, Barengo, Dreyer, Broadbent, Young, Schofield, Mello, Robinson, Jacobsen, McNeel, Mrs. Gojack, Messrs. Glover, Getto, Hafen, Howard, Hayes, Prince, Craddock, Ashworth and Dini
FILE NUMBER 46
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Monsignor John J. Ryan.
Whereas, The legislature of the State of Nevada shares with the people of this state a sense of loss at the tragic death of Monsignor John J. Ryan; and
Whereas, Monsignor Ryan, born April 23, 1898, and a native of Ballymore County, Westmeath, Ireland, was ordained as one of the early priests of the Diocese of Reno more than 40 years ago; and
κ1973 Statutes of Nevada, Page 1914 (FILE NUMBER 46, ACR 25)κ
Whereas, Monsignor Ryan, in his 35 years of service in the active priesthood, served throughout Nevada until his retirement in 1968; and
Whereas, Monsignor Ryan, through self-sacrifice and tireless endeavor, contributed meaningfully to the furtherance of the Catholic faith in Nevada, and was loved and revered by those who knew him personally; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 57th session of the Nevada legislature join the people of the State of Nevada in this inadequate but sincere expression of their sorrow at the passing of Monsignor John J. Ryan; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the surviving nephews of Monsignor Ryan, Mr. Matt Kearney of Reno, Nevada, and Mr. John Kearney of Pasadena, California.
________
Senate Concurrent Resolution No. 13Senators Brown, Blakemore, Bryan, Close, Dodge, Drakulich, Echols, Foley, Gibson, Hecht, Herr, Lamb, Monroe, Neal, Pozzi, Raggio, Swobe, Walker, Wilson and Young
FILE NUMBER 47
SENATE CONCURRENT RESOLUTIONCommending Joseph R. Jackson for his service in the public interest.
Whereas, A free and vigorous press depends upon the contributions of dedicated and accurate journalists and editors; and
Whereas, The newspaper is a vital informational link between the citizen and his government, standing as a safeguard against the corruption of democratic institutions; and
Whereas, Joseph R. Jackson has spent his life as a staunch defender of the right to know and is highly regarded for his vigilant and perceptive reporting and editing; and
Whereas, Joseph R. Jackson was born in Sparks, Nevada, on May 5, 1910, the son of a veteran newspaperman, Joseph J, Jackson, Jr.; served as editor of the University of Nevada student newspaper, Sagebrush; and has devoted his entire career to maintaining the high standards of journalism which are the ideal and tradition of his profession; and
Whereas, Joseph R. Jackson has served the Reno Evening Gazette for over 40 years as sports editor, telegraph editor, political reporter, columnist, and assistant managing editor in his long and noteworthy vocation; and
Whereas, Joseph R. Jackson has contributed to the enjoyment, enrichment, and understanding of the lives of the citizens of the State of Nevada by his reportorial excellence and editorial skills; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the 57th session of the Nevada legislature hereby commends Joseph R. Jackson for his inspiring service to his community and the State of Nevada and wishes him great happiness in his contemplated retirement; and be it further
κ1973 Statutes of Nevada, Page 1915 (FILE NUMBER 47, SCR 13)κ
State of Nevada and wishes him great happiness in his contemplated retirement; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to Joseph R. Jackson.
________
Assembly Concurrent Resolution No. 26Mrs. Brookman, Messrs. Hafen, Banner, Ashworth, Prince, Lowman, Huff, Wittenberg, Mrs. Ford, Messrs. Capurro, Ullom, Young, Broadbent, Bennett, Craddock, Crawford, McNeel, Demers, Robinson, Smith, Howard, Dreyer, Dini, Mello, Getto, Miss Foote, Messrs. May, Hickey, Vergiels, Schofield, Torvinen, Fry, Bremner, Bickerstaff, Jacobsen, Glover, Hayes, Barengo and Mrs. Gojack
FILE NUMBER 48
ASSEMBLY CONCURRENT RESOLUTIONExpressing the condolences of the members of the legislature to the family of the late Orville Smalley.
Whereas, The members of the legislature have learned of the recent death of Orville Smalley, a public-spirited citizen and veteran of World War I; and
Whereas, Orville Smalley was the loving husband of Laura Michael Smalley for over 50 years; and
Whereas, Orville Smalley was the revered father of Erma Epple of Fort Myers, Florida, and our colleague and fellow assemblyman, James E. Smalley; and
Whereas, By his character and conduct, Orville Smalley instilled in his family a dedication to the ideals of this nation; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That heartfelt condolences and individual expressions of sympathy are hereby extended to the surviving family of the late Orville Smalley; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the surviving family of the late Mr. Smalley.
________
Senate Concurrent Resolution No. 14Senator Lamb
FILE NUMBER 49
SENATE CONCURRENT RESOLUTIONMemorializing the late Theodore M. Michelas.
Whereas, Theodore Michael Michelas was a highly regarded philanthropist and civic leader in Clark County, Nevada, for over thirty years; and
Whereas, Mr. Michelas was instrumental in organizing the first Greek Orthodox Church in his community, thereby strengthening and enriching the religious life of this state; and
κ1973 Statutes of Nevada, Page 1916 (FILE NUMBER 49, SCR 14)κ
Orthodox Church in his community, thereby strengthening and enriching the religious life of this state; and
Whereas, He continually aided the people of Crete in the erection of schools and churches, so that he might share the blessings of his adopted country with the inhabitants of his beloved birthplace; and
Whereas, Mr. Michelas, through his business acumen, rose from humble beginnings to a position of eminence as the founder of the Michelas Water Company and the builder of numerous apartment complexes in Las Vegas, Nevada; and
Whereas, The humanitarian character of this man and his many contributions to his community and state deserve recognition; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That condolences of the 57th session of the Nevada legislature are hereby expressed to the widow and surviving family of the late Theodore Michael Michelas; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the widow and surviving family of the late Mr. Michelas.
________
Assembly Concurrent Resolution No. 27Mrs. Brookman, Messrs. Banner, Bennett, Hickey, May, Vergiels, Dini, Huff, Lowman, Wittenberg, Ullom, Jacobsen, Mrs. Ford, Messrs. Demers, Hafen, Young, Howard, Barengo, Glover, Robinson, Prince, Craddock, Bremner, Fry, Bickerstaff, Getto, Dreyer, Smith, McNeel, Crawford, Capurro and Mrs. Gojack
FILE NUMBER 50
ASSEMBLY CONCURRENT RESOLUTIONWelcomes home Lieutenant Commander David John Rollins, United States Navy, held prisoner of war during the Vietnam conflict.
Whereas, All Nevadans rejoice in the cessation of hostilities in Vietnam and the safe return of the sons of this nation held prisoner during the long and agonizing war; and
Whereas, Among the returning prisoners of war is a native Nevadan now residing in San Diego, California, Lieutenant Commander David John Rollins; and
Whereas, Lieutenant Commander Rollins grew up in Pioche, Nevada, before entering the United States Navy, where he served his state and nation until his capture on May 13, 1967; and
Whereas, The service of Lieutenant Commander Rollins prior to his capture pales beside the sacrifices exacted from him during his incarceration, an ordeal borne with honor and dignity; and
Whereas, Lieutenant Commander Rollins has merited the commendation of his countrymen for the hardships he has endured in their behalf; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That Lieutenant Commander David John Rollins be welcomed home upon the occasion of his release as a prisoner of war, with the best wishes and prayerful gratitude of the people of Nevada; and be it further
κ1973 Statutes of Nevada, Page 1917 (FILE NUMBER 50, ACR 27)κ
home upon the occasion of his release as a prisoner of war, with the best wishes and prayerful gratitude of the people of Nevada; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to Lieutenant Commander David John Rollins, USN.
________
Assembly Concurrent Resolution No. 30Committee on Government Affairs
FILE NUMBER 51
ASSEMBLY CONCURRENT RESOLUTIONRequesting the return to the Assembly from the governors office of Assembly Bill No. 75.
Whereas, Assembly Bill No. 75 has passed both houses of the 57th session of the legislature, has been enrolled and delivered to the governor; and
Whereas, Assembly Bill No. 75 needs further legislative attention; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the governor of the State of Nevada is hereby respectfully requested to return to the assembly Assembly Bill No. 75 for further consideration.
________
Assembly Concurrent Resolution No. 29Messrs. May, Hickey, McNeel, Bennett, Crawford and Craddock
FILE NUMBER 52
ASSEMBLY CONCURRENT RESOLUTIONCongratulating the Rancho High School basketball team and coach upon winning the Nevada state AAA basketball championship.
Whereas, The Rancho High School basketball team reigned victorious at the Nevada state AAA basketball championship, March 10, 1973; and
Whereas, The Rams from North Las Vegas rose from a group that won but 16 games in 25 contests in the preceding campaign, to a team of champions triumphantly amassing 26 victories in 27 games this season; and
Whereas, The accomplishments of this championship squad were the combined effort of Coach Lloyd Booth, Assistant Coach Lynn Hadfield, Team Manager Terry Williams and the following players: Kesley Anderson, Lonnie Banks, Rick Bartlett, Marlon Beavers, Kenny Clark, Terry Hamilton, Allen Holder, Andre Jones, Mike Lantz, Larry Lewis, Terry Manghum, Roger Neakum, Tommy Olds, Rick Sinclair and Eldridge Walker; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the 57th session of the legislature of the State of Nevada extends its congratulations to the Rancho High School basketball team and its coach, Lloyd Booth; and be it further
κ1973 Statutes of Nevada, Page 1918 (FILE NUMBER 52, ACR 29)κ
extends its congratulations to the Rancho High School basketball team and its coach, Lloyd Booth; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to Rancho High School Coach Lloyd Booth.
________
Senate Joint Resolution No. 16Senators Hecht, Echols, Walker, Lamb, Bryan, Swobe, Herr, Neal, Foley, Raggio, Pozzi, Young, Brown, Dodge, Wilson, Blakemore and Drakulich
FILE NUMBER 53
SENATE JOINT RESOLUTIONMemorializing Congress to correct inadequacies in grants of social security and supplemental benefits.
Whereas, The members of the legislature of the State of Nevada have been apprised of the fact that unanticipated hardships have been imposed upon the receipt of social security and supplemental benefits by the sick, the aged and the disabled; and
Whereas, The eligibility for many benefits continues so long as the recipients income does not exceed an established amount; and
Whereas, The incomes of many recipients have been increased by the Congress with the belief that the recipients would benefit thereby; and
Whereas, For many recipients, the increase in income is more than offset by the disqualification from eligibility for other benefits, and results in a net loss to the recipient; and
Whereas, Grave hardships have befallen the very people who have been the object of the laudable social legislation; and
Whereas, It is the belief of the members of the legislature of the State of Nevada that the Congress should act with all deliberate speed to correct this oversight and to prevent to dire consequences likely to be inflicted upon the less fortunate; 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 Congress to correct the inadequacies in grants of social security and supplemental benefits by raising the ceiling of eligibility for supplemental benefits; and be it further
Resolved, That Congress prevent similar inequities from accompanying future increases in social security benefits by corresponding adjustments of eligibility for supplemental benefits; 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 and to all members of the Nevada Congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 1919κ
Assembly Joint Resolution No. 9Mr. Bremner, Mrs. Ford, Messrs. Smalley, Schofield, Hays, Robinson, Banner, Bennett, Dreyer, Vergiels, Crawford, Lowman, Jacobsen, Demers, Capurro, Ullom, May, Hickey, McNeel, Smith, Hafen, Craddock, Ashworth, Broadbent, Getto, Mrs. Gojack, Messrs. Mello, Glover, Howard, Huff, Prince, Fry, Mrs. Brookman, Messrs. Wittenberg, Bickerstaff, Miss Foote, Messrs. Barengo, Torvinen and Dini
FILE NUMBER 54
ASSEMBLY JOINT RESOLUTIONMemorializing the Congress of the United States to enact legislation which transfers Red Rock Recreation Lands to the Nevada park system.
Whereas, Red Rock Canyon, located in the Spring Mountain Range in Clark County, Nevada, is an area of outstanding scenic and recreational opportunity, possessing scientific and educational, geological and ecological value; and
Whereas, The Federal Government in 1967 recognized the natural values of Red Rock Canyon and by presidential executive order withdrew 77,000 acres from the public domain and designated these lands to be known as the Red Rock Recreation Lands; and
Whereas, The Red Rock Recreation Lands are presently administered by the Bureau of Land Management and there is little indication that Congress or the Department of Interior intends to provide the Bureau of Land Management with adequate funds or necessary management for the protection and development of visitor facilities and recreational sites in the area; and
Whereas, There exists a need for a major park and developed recreation area within easy access of a large and rapidly expanding urban area in Southern Nevada; and
Whereas, The Nevada state park system has demonstrated expertise in managing areas under its administration, protecting natural resources, enhancing and developing suitable visitor facilities; and
Whereas, It is in the best interests of Southern Nevada to transfer the administration of the Red Rock Recreation Lands to the Nevada park system in order to fulfill recreational needs and protect natural resources; and
Whereas, The 1971 Nevada legislature, desiring to fulfill the increasing recreational needs of Southern Nevada, authorized the acquisition of the lands in Red Rock Canyon and the 1973-1975 budget recommends funding for the development and operation of recreational facilities; 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 hereby respectfully memorializes the 93d Congress of the United States to adopt legislation enabling the Nevada state park system to acquire the 77,000 acres known as Red Rock Recreational Lands; 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 each member of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 1920κ
Senate Resolution No. 10Committee on Legislative Functions
FILE NUMBER 55
SENATE RESOLUTIONAppointing an additional senate attache for the 1973 session of the Nevada legislature.
Resolved by the Senate of the State of Nevada, That Marsha Mathis is hereby appointed as an additional attache of the senate of the State of Nevada for the 1973 session of the Nevada legislature.
________
Senate Concurrent Resolution No. 15Committee on Education
FILE NUMBER 56
SENATE CONCURRENT RESOLUTIONApproving Governor Mike OCallaghans State School Study; directing boards of trustees of school districts to report on their implementation of certain recommendations contained therein; directing the state department of education to compile and distribute such reports; and providing other matters properly relating thereto.
Whereas, The legislature in 1971 appropriated $30,000 to be expended to make an in-depth study of the current status of the Nevada public school system; and
Whereas, The governor appointed a staff and an advisory committee of persons interested in public education to participate in the conduct of the study; and
Whereas, The resulting report, Governor Mike OCallaghans State School Study, has been completed and was published for distribution in August of 1972; and
Whereas, The members of the legislature have found the report and its findings and recommendations extremely helpful in their deliberations concerning future policies for public education in the State of Nevada; and
Whereas, The report contains a series of recommendations relating to the improvement of the educational system in the public schools of the state, many of which can be given immediate effect by local boards of trustees and school administrators; and
Whereas, The extent and effectiveness of the local implementation of such recommendations cannot be measured for the state as a whole without statewide compilation of reports from individual school districts; and
Whereas, Follow-up information concerning local implementation of certain of the reports recommendations will be needed by the governor and the members of the legislature over the next two years; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature hereby approves Governor Mike OCallaghans State School Study, published in August, 1972, in response to legislative directive (chapter 234, Statutes of Nevada 1971), and commends the governor, the study director, the research staff and the research advisory committee for their participation in the study and the preparation of the report; and be it further
κ1973 Statutes of Nevada, Page 1921 (FILE NUMBER 56, SCR 15)κ
research advisory committee for their participation in the study and the preparation of the report; and be it further
Resolved, That the board of trustees of each school district in the state prepare and file with the state department of education on or before June 30, 1973, and again on or before June 30, 1974, a report describing the implementation within such school district of the following recommendations contained in the study:
|
Recommendation No. 1: |
On Identification and Clarification of the Significant and Realistic Educational Goals and Objectives; |
|
Recommendation No. 2: |
On Accountability and Wise Use of Educational Resources; |
|
Recommendation No. 3: |
On Communications Within the School System; |
|
Recommendation No. 4: |
On Interactions and Relationships Between the School Districts and the Community or Its Total Environment; |
|
Recommendation No. 5: |
Evaluation of Teachers, Supervisory Staff, Principals and Superintendents; |
|
Recommendation No. 6: |
For Increasing Expenditures for Improved Direct Classroom Instruction; |
|
Recommendation No. 7: |
On Career Education; and |
|
Recommendation No. 9: |
On the Year-Round School in Nevada; |
and be it further
Resolved, That the state department of education shall receive and compile such school district reports for distribution each year to the governor, the members of the senate and assembly committees on education, the senate committee on finance and the assembly committee on ways and means.
________
Senate Concurrent Resolution No. 17Senators Drakulich, Wilson, Raggio, Swobe and Young
FILE NUMBER 57
SENATE CONCURRENT RESOLUTIONCongratulating Jim Padgett on his achievements as coach of the University of Nevada, Reno basketball team.
Whereas, Coach Jim Padgett has built the University of Nevada, Reno basketball team into a major force in the West Coast Athletic Conference in the short span of a single year; and
Whereas, Wolf Pack fans recognize and appreciate Jim Padgetts coaching ability and his talent for encouraging a spirit of fair play, determination and enthusiasm among the University of Nevada, Reno basketball team; and
Whereas, Jim Padgetts inspiring leadership has nurtured outstanding performances from the team under his charge, resulting in individual honors and a collective pride among the players; and
κ1973 Statutes of Nevada, Page 1922 (FILE NUMBER 57, SCR 17)κ
performances from the team under his charge, resulting in individual honors and a collective pride among the players; and
Whereas, Jim Padgett was recently selected as the West Coast Athletic Conference Coach of the Year, an award well merited; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the 57th session of the Nevada legislature hereby congratulates Coach Jim Padgett on his outstanding achievements and commends the entire University of Nevada, Reno basketball team on its accomplishments, acknowledging the contributions of the University of Nevada students and faculty for their sportsmanlike conduct and support of the team; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to Jim Padgett and N. Edd Miller, President of the University of Nevada, Reno.
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Senate Resolution No. 11Senators Blakemore, Brown, Monroe, Lamb and Dodge
FILE NUMBER 58
SENATE RESOLUTIONMemorializing the late William J. Frank.
Whereas, William J. Frank, a leader in the mining industry in Nevada, is dead at the age of 78 years; and
Whereas, Mr. Frank was born in Eberhardt, White Pine County, in 1893, was educated in Tonopah and Goldfield and served as a mine operator and electrician in Tonopah and Tybo; and
Whereas, Billy Frank, as he was affectionately known by his many devoted friends, was elected to the Nevada senate in 1952, 1956 and again in 1960 in which terms he dedicated his efforts to improve the quality of education, labor and mining in Nevada; and
Whereas, During his tenure in the senate, Mr. Frank served with the Joint Commission on Financial Affairs in 1961 and as alternate member of the Legislative Commission; and
Whereas, A veteran of World War I, he was a member of Elmer J. Bell post No. 2 of the American Legion in Tonopah and he was a life member of Tonopah lodge No. 1062 of B.P.O. Elks; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the members of the Nevada legislature express their sincere and deep sorrow to the surviving family of the late William J. Frank, whose passing is deeply felt by all; 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 family of the deceased.
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κ1973 Statutes of Nevada, Page 1923κ
Assembly Resolution No. 14Committee on Legislative Functions
FILE NUMBER 59
ASSEMBLY RESOLUTIONAppointing an additional assembly attache for the 1973 session of the Nevada legislature.
Resolved by the Assembly of the State of Nevada, That the following named individual is hereby appointed as an additional attache of the assembly of the State of Nevada for the 1973 session of the Nevada legislature: Clark Morres.
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Assembly Resolution No. 15Committee on Legislative Functions
FILE NUMBER 60
ASSEMBLY RESOLUTIONAppointing an additional assembly attache for the 1973 session of the Nevada legislature.
Resolved by the Assembly of the State of Nevada, That the following named individual is hereby appointed as an additional attache of the assembly of the State of Nevada for the 1973 session of the Nevada legislature: Leatrice M. Yonker.
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Senate Concurrent Resolution No. 18Senators Blakemore, Brown, Monroe, Dodge and Lamb
FILE NUMBER 61
SENATE CONCURRENT RESOLUTIONMemorializing the late Gerald F. Fisher.
Whereas, Nevada has lost a true friend with the passing of Gerald F. Fisher; and
Whereas, Casey Fisher, as he was affectionately known by his numerous friends, was born in Cherry Creek, Nevada, on March 21, 1910; and
Whereas, He attended White Pine County public schools and later operated the Fisher Garage in Ely, Nevada, for many years; and
Whereas, His devoted interest in serving the people was evident during his 12-year tenure with the White Pine board of county commissioners and during his tenure as an assemblyman from White Pine County in 1943 and as a state senator representing White Pine and Lincoln counties in the 1965, 1966, 1967 and 1968 sessions of the legislature; and
Whereas, He served as a member of the Moose Lodge, Ely city school board, and he was a founder of the Sacred Heart Parochial School in Ely and helped organize the Nevada Young Democrats, for which he served as President; now, therefore, be it
κ1973 Statutes of Nevada, Page 1924 (FILE NUMBER 61, SCR 18)κ
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the Nevada legislature pay homage to the memory of a truly great Nevadan, Gerald F. Fisher; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to his surviving wife and family.
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Assembly Resolution No. 16Committee on Legislative Functions
FILE NUMBER 62
ASSEMBLY RESOLUTIONCongratulating certain Catholic priests for attaining their respective priestly anniversaries.
Whereas, The following members of the Catholic faith have selflessly served in the Catholic priesthood for the number of years set forth after the name of each:
Reverend Charles T. Shallow-25 years
Reverend Cletus E. La Mere-25 years
Reverend Lawrence O. Bourrie-40 years
Reverend Theodore A. Van Skee-40 years; and
Whereas, Tuesday, April 3, 1973, has been designated by St. Annes Parish in Las Vegas, Nevada, as the day for the Concelebrated Mass of Thanksgiving to honor these esteemed gentlemen upon attainment of their respective priestly anniversaries; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That Reverend Charles T. Shallow, Reverend Cletus E. La Mere, Reverend Lawrence O. Bourrie and Reverend Theodore A. Van Skee be congratulated and commended for their many years of self-sacrifice for and service to the Catholic Church; and be it further
Resolved, That a copy of this resolution be prepared by the legislative counsel for transmittal to Reverend Charles T. Shallow, Reverend Cletus E. La Mere, Reverend Lawrence O. Bourrie and Reverend Theodore A. Van Skee.
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Assembly Resolution No. 17Messrs. Huff, Hayes, Torvinen, Glover, Lowman, Fry, Barengo, Hickey, Howard, May, Mrs. Brookman, Mr. Getto, Miss Foote, Mrs. Ford, Messrs. Jacobsen, Smith, Vergiels, Crawford, Schofield, Broadbent, Banner, Ullom, Smalley, Ashworth, Bremner, Mello, Bickerstaff, Capurro, Demers, Robinson, Prince, Wittenberg, Bennett, Dreyer, Hafen, Mrs. Gojack, Messrs. Dini, McNeel, Young and Craddock
FILE NUMBER 63
ASSEMBLY RESOLUTIONExpressing appreciation to the First National Bank of Nevada for the gift copies of the Marsh Papers given to each member of the legislature.
Whereas, The Marsh Papers are an immeasurable contribution to Western Americana; and
κ1973 Statutes of Nevada, Page 1925 (FILE NUMBER 63, AR 17)κ
Whereas, These papers are valuable tools for research on the genesis of the constitution of our great state; and
Whereas, Each member of the legislature of the State of Nevada received a gift copy of this publication from the First National Bank of Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the assembly expresses its appreciation to the First National Bank of Nevada for furnishing each legislator with a set of volumes, comprising the LETTERS FROM NEVADA TERRITORY, 1861-1862 and REPORTS OF THE 1863 CONSTITUTIONAL CONVENTION of the TERRITORY OF NEVADA; and be it further
Resolved, That a copy of this resolution be prepared and transmitted by the legislative counsel to the president of the First National Bank of Nevada.
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Assembly Concurrent Resolution No. 21Messrs. May, Jacobsen, Ashworth and Torvinen
FILE NUMBER 64
ASSEMBLY CONCURRENT RESOLUTIONMemorializing California to cease taxing the income derived by Nevada residents in California.
Whereas, It has come to the attention of the members of the Nevada legislature that some bona fide residents of Nevada are compelled by California to pay California income tax on income derived in Nevada based on incidental activities within California; and
Whereas, Some of those persons who are taxed on the amount of income derived from activities within California are compelled by the nature of their business to obtain products and supplies from within California; and
Whereas, It is believed to be highly unfair to impose a tax on such persons since they are not given a voice in the government which imposes the tax; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature of the State of Nevada memorializes the legislature of the State of California and Governor Ronald Reagan to exercise their fair and deliberate wisdom to remove the California income tax on income derived by Nevada residents from incidental activities in California; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Governor Ronald Reagan, California Assembly Speaker Bob Moretti and lieutenant Governor Ed Reinecke.
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κ1973 Statutes of Nevada, Page 1926κ
Assembly Concurrent Resolution No. 38Mr. Howard
FILE NUMBER 65
ASSEMBLY CONCURRENT RESOLUTIONCommemorating the 100th anniversary of the location of the county seat of Humboldt County at Winnemucca.
Whereas, The community of Winnemucca, Nevada, is celebrating the 100th anniversary of its designation as the county seat of Humboldt County; and
Whereas, Nestled on a big bend in the Humboldt River, Frenchmans Ford was founded over a century ago, from which the enterprising community of Winnemucca sprang; and
Whereas, When the Central Pacific Railroad extended its line through this part of Nevada, Frenchmans Ford was made the headquarters for construction of the railroad and the name was changed to Winnemucca in honor of Paiute Indian Chief Winnemucca; and
Whereas, To the north of Winnemucca the fertile Valleys of Paradise and Quinn River beckoned many settlers, and travelers and traders came into Winnemucca from all directions; and
Whereas, A bustling community today, Winnemucca is the business center for mines and ranches for many miles around; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the thriving community of Winnemucca be congratulated on the occasion of the 100th anniversary of its designation as the county seat of Humboldt County; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the mayor of Winnemucca, Nevada
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Assembly Resolution No. 18Committee on Legislative Functions
FILE NUMBER 66
ASSEMBLY RESOLUTIONProviding for the compensation of clergy for services rendered to the assembly in the 57th session of the Nevada legislature.
Whereas, During the present session of the legislature certain clergy, representing various denominations, have rendered daily religious services to the assembly; and
Whereas, A reasonable compensation should be provided for such services; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the state controller is authorized and directed to pay the sum of $7 per service out of the legislative fund to members of the clergy who have performed religious services for the assembly during the 57th session of the Nevada legislature.
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κ1973 Statutes of Nevada, Page 1927κ
Senate Concurrent Resolution No. 12Senator Monroe
FILE NUMBER 67
SENATE CONCURRENT RESOLUTIONEndorsing Upper Humboldt River storage project.
Whereas, The Humboldt River Basin in the State of Nevada, is an area which, if developed, would provide the State of Nevada and its people and particularly the residents of the Humboldt River Basin with substantial economic and social benefit by providing increased irrigation, greater recreational opportunity and a flourishing population of fish and wildlife; and
Whereas, The Congress of the United States, recognizing the potential of the Humboldt River Basin, passed the Flood Control Act of 1950 and subsequent supplemental legislation which designated the Humboldt River Basin as an area for flood control and protection projects; and
Whereas, The Congress of the United States has appropriated the sum of $100,000 for the fiscal year of 1973 with which to initiate a study and advance planning for a flood control project in the Humboldt River Basin; and
Whereas, The State of Nevada has a great interest in the proper planning of this project to achieve the greatest benefit for and protect the interests of the state and its residents, especially the residents of the Humboldt River Basin; and
Whereas, The benefit to the state and the people to be derived from a flood control project far outweigh any financial or administrative obligation which the state must accept in order to initiate and receive federal assistance; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the state department of conservation and natural resources and the Nevada department of fish and game cooperate with the appropriate and interested federal, state and local agencies during the advance planning stages of any project proposed for the Humboldt River Basin in order to preserve and enhance the economic, esthetic, social and recreational aspects of the Humboldt River Basin; and be it further
Resolved, That the legislature of the State of Nevada fully endorses the initiation of the Humboldt River Project if the result of such project is beneficial to the environment and enhances the esthetic, recreational, social and economic aspects in the Humboldt River Basin; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the state department of conservation and natural resources, the Nevada department of fish and game and the Corps of Engineers, Department of the Army.
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κ1973 Statutes of Nevada, Page 1928κ
Senate Concurrent Resolution No. 19Senators Young, Raggio, Wilson, Swobe and Drakulich
FILE NUMBER 68
SENATE CONCURRENT RESOLUTIONCommending Tom Miller for his outstanding service to the Nevada park system.
Whereas, Thomas Woodnutt Miller is to be commended for this outstanding service to the people of the State of Nevada through his untiring devotion to the Nevada park system; and
Whereas, A resident of Nevada since 1933, he was instrumental in the creation of the system which was established by the 1935 Nevada legislature; and
Whereas, He was appointed by Governor Kirman to serve as a member of the Nevada state park commission and he was subsequently elected chairman; and
Whereas, Following the turmoil of World War II, Mr. Miller was again appointed as a member of the commission by Governor Russell and was again elected to serve as chairman, a post which he held until 1959; and
Whereas, Deeply convinced that the people must preserve the heritage bestowed upon them, Tom Miller has worked tirelessly for the preservation of the national beauty and history which is truly Nevada and as a result, generations to come will be blessed with an expanding state park system for all to enjoy; and
Whereas, A dedicated public servant, Mr. Miller has long been a leader in civic, community, religious and government affairs, having served the State of Delaware as secretary of state, as a member of the United States House of Representatives in the 64th Congress, as Past National Commander of the American Legion in 1968, as an active participant in the civil defense program throughout Nevada and an active communicant and vestryman of the Trinity Episcopal Church in Reno; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the present and future citizens of the State of Nevada owe a debt of gratitude to the remarkable gentleman who as much as anyone has helped shape the course of the Nevada state park system, for which Tom Miller is hereby commended for this outstanding service; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Thomas Woodnutt Miller.
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κ1973 Statutes of Nevada, Page 1929κ
Senate Resolution No. 12Senators Brown, Lamb, Walker, Blakemore, Bryan, Close, Dodge, Drakulich, Echols, Foley, Hecht, Herr, Monroe, Neal, Pozzi, Raggio, Swobe, Wilson and Young
FILE NUMBER 69
SENATE RESOLUTIONCommending Senator James I. Gibson upon his completion of 16 years of service as president of Lake Mead Stake of Church of Latter-day Saints.
Whereas, Senator James I. Gibson has recently completed 16 years of service as the president of the Lake Mead Stake of the Church of Jesus Christ of Latter-day Saints; and
Whereas, He entered upon this office as the youngest stake president in the church and continued to serve in the office throughout an extended period in which he saw the Lake Mead Stake greatly enlarge and finally develop to the point where it must now be divided into two stakes; now, therefore, be it
Resolved by the Senate of the State of Nevada, That Senator James I. Gibson is to be commended upon his completion of 16 years of service in the presidency of the Lake Mead Stake of the Church of Jesus Christ of Latter-day Saints and in full recognition of his long period of selfless dedication to this religious office.
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Assembly Resolution No. 20Messrs. Barengo, Torvinen, Fry, Hayes, Dreyer and Wittenberg
FILE NUMBER 70
ASSEMBLY RESOLUTIONRequesting the governor to issue an annual proclamation calling for observance of Law Day U.S.A.
Whereas, May 1 of each year is designated by statute in Nevada to be Law Day U.S.A.; and
Whereas, This day is an opportunity for all citizens of Nevada to rededicate their allegiance to the principles of democracy, to emphasize that their government is one of law and not of men and to reaffirm that the supreme purpose of government is the promotion of the general welfare; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the legislature of this state respectfully requests that the governor issue, annually before May 1, a proclamation calling upon state officials, educators and news media to invite the attention of the citizens of Nevada to the observance of Law Day in U.S.A. in order that the citizens may rededicate themselves to active support of state and federal courts, which uphold and safeguard individual rights and liberties, and to foster respect for law, which is a vital force in the preservation of the democratic way of life.
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κ1973 Statutes of Nevada, Page 1930κ
Senate Resolution No. 13Senator Pozzi
FILE NUMBER 71
SENATE RESOLUTIONCommending Cyrus L. Meacham for his many years of public service.
Whereas, Cyrus L. Meacham is a long-time Nevada resident and state government employee who will soon retire from service with the State of Nevada; and
Whereas, Mr. Meacham was born in Arcardia, Kansas, in 1910 and played pro-football with the Green Bay Packers in the late 1920s and early 1930s; and
Whereas, Cy Meacham came to Nevada in 1936 and worked for the Union Pacific Railroad for several years; and
Whereas, Mr. Meacham has served five governors of the State of Nevada as deputy administrator of buildings and grounds; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the members of the senate of the 57th session of the legislature commend Cyrus L. Meacham for his many years of public service and hereby extend to him the gratitude of the senate and the people of the State of Nevada; and be it further
Resolved, That a copy of this resolution be prepared and transmitted by the legislative counsel to Mr. Cyrus L. Meacham.
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Senate Concurrent Resolution No. 27Senators Drakulich, Blakemore, Brown, Bryan, Close, Dodge, Echols, Foley, Gibson, Hecht, Herr, Lamb, Monroe, Neal, Pozzi, Raggio, Swobe, Walker, Wilson and Young
FILE NUMBER 72
SENATE CONCURRENT RESOLUTIONCommending Nevada Air National Guard on its 25th anniversary.
Whereas, On the 12th day of April 1948, at Stead A.F.B., Nevada, the 192d Fighter Squadron of the Nevada Air National Guard was recognized by the Federal Government; and
Whereas, On the 1st day of March 1951 the 192d Fighter Squadron was called to active duty for the Korean War; and
Whereas, On the 26th day of February 1968, the 152d Tactical Reconnaissance Group was called to active duty for the Pueblo crisis; and
Whereas, On numerous occasions the aircraft and men of the Nevada Air National Guard have provided assistance to the agencies and to the people of the State of Nevada; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That on the 12th day of April 1973, the legislature of the State of Nevada commends the Nevada Air National Guard for service to the state and to the nation on its 25th anniversary; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the Nevada Air National Guard.
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κ1973 Statutes of Nevada, Page 1931κ
Senate Concurrent Resolution No. 30Senators Swobe, Blakemore, Brown, Bryan, Close, Dodge, Drakulich, Echols, Foley, Gibson, Hecht, Herr, Lamb, Monroe, Neal, Pozzi, Raggio, Walker, Wilson and Young
FILE NUMBER 73
SENATE CONCURRENT RESOLUTIONCongratulating the University of Nevada System on the 100th Anniversary of its creation.
Whereas, The sixth session of the Nevada legislature in chapter 85 of the Statutes of Nevada 1873, provided for the opening of the University of Nevada by establishment of a campus at Elko, Nevada; and
Whereas, The present session of the Nevada legislature marks the one hundredth year since establishment of the University of Nevada; and
Whereas, The year 1974 will mark the one hundredth year of operation for the University of Nevada since its doors were first opened in Elko, Nevada, on October 12, 1874; and
Whereas, The year 1974 will mark the eighty-eighth year of operation of the University of Nevada since it was moved from Elko to Reno, Nevada; and
Whereas, The year 1974 will mark the twentieth year since formal establishment of the University of Nevada at Las Vegas, which campus has grown rapidly into an important institution of higher learning in its own right; and
Whereas, The year 1974 will mark the fifteenth year since establishment of the desert research institute, which institute has brought millions of dollars of outside research funding and many distinguished scholars to Nevada; and
Whereas, The year 1974 will mark the sixth year since establishment of the Elko community college, and the third year since establishment of the western Nevada community college and the Clark County community college, which colleges now form the University of Nevada community college division and have brought higher education closer to the people of Nevada and have greatly assisted them in better meeting their educational needs; and
Whereas, The University of Nevada has grown from a modest beginning to a fully developed University system offering a wider variety of both undergraduate and graduate courses, research facilities and services for the people of the State of Nevada; and
Whereas, The University of Nevada System will commemorate the foregoing events in the year 1974 with suitable observances; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the legislature of the State of Nevada acknowledge their pride and satisfaction in the growth of the University of Nevada System and hereby thank the people of the State of Nevada for their past and present support of the University of Nevada System; and be it further
Resolved, That the members of the legislature of the State of Nevada congratulate the administrators, faculties, staffs, students and alumni of the University of Nevada System on the progress and achievements in higher education that have been recorded in Nevada during the past one hundred years; and be it further
κ1973 Statutes of Nevada, Page 1932 (FILE NUMBER 73, SCR 30)κ
Resolved, That the year 1974 be designated as the University of Nevada System Centennial Year; and be it further
Resolved, That the people of the State of Nevada be encouraged to take interest in higher education; to pay visits to the campuses of the University at Reno and Las Vegas, the facilities of the community colleges in Elko, Carson City, Las Vegas and elsewhere, and to the desert research institute; and to take advantage of the opportunities for learning available within the University of Nevada System during its Centennial Year; and be it further
Resolved, That a copy of the resolution be prepared and transmitted forthwith by the legislative counsel to the board of regents of the University of Nevada System.
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Assembly Concurrent Resolution No. 42Committee on Legislative Functions
FILE NUMBER 74
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Pauline Norris.
Whereas, With the death of Pauline Norris on March 18, 1973, there passed a respected and dedicated former leader in civic and state affairs in the State of Nevada; and
Whereas, Mrs. Norris in 1928 moved to Ely, Nevada, where she repeatedly demonstrated her high civic concern by serving as a moving force in the community affairs; and
Whereas, In 1950 she was elected to serve and did serve one term as a Nevada state assemblyman representing White Pine County; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the condolences of the members of the 57th session of the legislature of the State of Nevada are hereby extended to the surviving family and relatives of the late Pauline Norris; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the husband of the deceased, Mr. Wilbur L. Norris.
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Assembly Concurrent Resolution No. 44Mr. Jacobsen
FILE NUMBER 75
ASSEMBLY CONCURRENT RESOLUTIONCommending the Zephyr Cove Parents Protective Association for its endeavor to establish high-standard child care services.
Whereas, The demands of our expanding economy are bringing ever-increasing numbers of women into the labor force and many have young children; and
κ1973 Statutes of Nevada, Page 1933 (FILE NUMBER 75, ACR 44)κ
Whereas, National recognition is being given to the problem of providing adequate day care centers for the children of working parents; and
Whereas, Along the shores of beautiful Lake Tahoe in Douglas County, Nevada, there is situated an entertainment industry which furnishes employment and employment opportunities for many persons having parental responsibilities; and
Whereas, The Zephyr Cove Parents Protective Association has been formed to establish child care facilities and services under standards that will enhance the development of the young children while providing the working parents a secure knowledge that the children are being well cared for and protected; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 57th session of the legislature of the State of Nevada hereby commend the members of the Zephyr Cove Parents Protective Association for their positive efforts to solve the problem of child care by organizing themselves into a nonprofit corporation having as its purpose the establishment of facilities, services and standards for the care of their children. The associations efforts serve as an example of initiative and enterprise for other communities concerned with the child care problem. The members of the legislature express their desire that all state and local administrative agencies will extend cooperation to the association in its excellent endeavor; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to the Zephyr Cove Parents Protective Association.
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Assembly Joint Resolution No. 26Committee on Ways and Means
FILE NUMBER 76
[To be returned to 1975 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to amend section 33 of article 4 of the constitution of the State of Nevada, by permitting the payment of legislators for 100 days of session.
Resolved by the Assembly and the Senate of the State of Nevada, jointly, That section 33 of article 4 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 33. The members of the Legislature shall receive for their services, a compensation to be fixed by law and paid out of the public treasury, for not to exceed [60] 100 days during any regular session of the legislature and not to exceed 20 days during any special session convened by the governor; but no increase of such compensation shall take effect during the term for which the members of either house shall have been elected Provided, that an appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars for any general or special session to each member; and Furthermore Provided, that the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.
κ1973 Statutes of Nevada, Page 1934 (FILE NUMBER 76, AJR 26)κ
Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.
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Senate Joint Resolution No. 7 of the 56th SessionSenators Gibson, Brown, Lamb, Hug, Harris, Young, Hecht, Pozzi and Drakulich
FILE NUMBER 77
[To go on 1974 general election ballot]
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 assesors 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.
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κ1973 Statutes of Nevada, Page 1935κ
Senate Resolution No. 14Committee on Education
FILE NUMBER 78
SENATE RESOLUTIONCommending the school districts of Clark and Washoe counties for adopting the year-round school program and urging the remaining school districts in this state to consider adopting this program.
Whereas, Operating schools on a year-round program is an efficient use of public funds that is being adopted by an increasing number of school districts throughout this country; and
Whereas, In a year-round school program, facilities and faculties are utilized more effectively; and
Whereas, In a program of this type children can receive the concentrated attention of faculty and school administration; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the senate hereby commends the school districts of Clark and Washoe counties for instituting the year-round school program; and be it further
Resolved, That the senate hereby urges the remaining school districts in this state to consider adopting the year-round school program; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the superintendents of each school district in this state.
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Assembly Concurrent Resolution No. 52Messrs. Ashworth and Prince
FILE NUMBER 79
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Alfred J. Proctor.
Whereas, On November 28, 1971, the people of the State of Nevada suffered a great loss by the death of the beloved and respected Alfred J. Proctor; and
Whereas, Alfred J. Proctor was born in Sarnia, Ontario, Canada, on October 19, 1886; and
Whereas, He came to Nevada in 1914 and worked in the mining industry until his retirement in 1954; and
Whereas, He was active in civic, fraternal and political affairs; and
Whereas, He was a devoted public servant who ably represented the people of White Pine County in the state legislature as an assemblyman and senator from 1927 to 1932; now therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the condolences of the members of the 57th session of the legislature of the State of Nevada are hereby extended to the surviving family of the late Alfred J. Proctor; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the surviving daughters of the deceased, Margaret E. Wells and Jean Marie Ross.
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κ1973 Statutes of Nevada, Page 1936κ
Assembly Concurrent Resolution No. 53Mr. Capurro
FILE NUMBER 80
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Ernest J. Caramella, Sr.
Whereas, The members of the legislature of the State of Nevada are deeply saddened at the passing of Ernest J. Caramella, Sr.; and
Whereas, The late Mr. Caramella was a native Nevadan born in Reno to Sam and Carmelina Caramella; and
Whereas, The late Mr. Caramella was a pioneer in the 20th century of development of Reno while engaged in the ranching and dairy business for nearly all his life; and
Whereas, Ernest J. Caramella, Sr., was selflessly devoted to the well-being of people residing in the Truckee Meadows where he was active in community affairs and known as a friendly, compassionate individual, always ready to lend a helping hand; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the legislature of the State of Nevada express to the family of the late Ernest J. Caramella, Sr., their heartfelt regret, sadness and sympathy at the passing of Ernest J. Caramella, Sr.; and be it further
Resolved, That a copy of this resolution be prepared and transmitted by the legislative counsel to the widow of Ernest J. Caramella, Sr., Mrs. Marcelle Caramella.
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Senate Joint Resolution No. 25Senators Wilson, Young, Swobe, Drakulich and Raggio
FILE NUMBER 81
SENATE JOINT RESOLUTIONUrging preservation and protection of the Truckee River by all appropriate government agencies through proper and controlled development.
Whereas, The Truckee River is the major source of water for western Nevada, including Verdi, Reno and Sparks, Nevada, and Pyramid Lake; and
Whereas, The Truckee River is the source of 90 percent of the domestic supply of water for Reno and Sparks; and
Whereas, The Truckee River is the major scenic characteristic of the Truckee Meadows; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the State of Nevada is appreciative of the effort and work of the state of California in concert with the State of Nevada to preserve and protect the natural resources and environment of the Sierra Nevada, the lakes, rivers and streams thereof and specifically Lake Tahoe; and be it further
Resolved, That the quality of the water of the Truckee River not be diminished either by development within its watershed without adequate sewage treatment facilities or by development which is at levels or densities which will generate sewage effluent or urban runoff within the river watershed; and be it further
κ1973 Statutes of Nevada, Page 1937 (FILE NUMBER 81, SJR 25)κ
sewage treatment facilities or by development which is at levels or densities which will generate sewage effluent or urban runoff within the river watershed; and be it further
Resolved, That the upper Truckee River watershed extending through Truckee, California and Martis Valley, California, is related to and directly affects the Lake Tahoe Basin, in that population levels and automobile traffic generated within the upper Truckee River watershed affect Lake Tahoe by causing increased commerce, tourists and automobile traffic within the Lake Tahoe basin; and be it further
Resolved, That development in the Truckee River watershed and in the Truckee and Martis Valley area be controlled and suspended until:
(a) A sewage collection, treatment and disposal plan is approved and in operation; and
(b) Population maximums are determined and controlled within the upper Truckee River watershed; and be it further
Resolved, That the Federal Environmental Protection Agency work to protect the quality of water of the Truckee River and specifically condition federal funding to construct the Tahoe-Truckee Utility Districts sewage collection, treatment and disposal facilities upon completion of adequate land use studies and effective control of land use and population levels within the Truckee River watershed.
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Assembly Joint Resolution No. 19Messrs. Robinson, Howard and Hayes
FILE NUMBER 82
ASSEMBLY JOINT RESOLUTIONMemorializing Congress to repeal certain parts of the 1934 Gold Reserve Act.
Whereas, United States citizens have been forbidden since 1934 from owning gold by an Act of Congress; and
Whereas, The 1934 Gold Reserve Act no longer furthers any compelling governmental interest; and
Whereas, Citizens in ever-increasing numbers demand the rights and privileges of owning and enjoying gold; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature of the State of Nevada respectfully memorializes Congress to repeal those sections of the 1934 Gold Reserve Act which prohibit private ownership of gold; and be it further
Resolved, That a copy 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.
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κ1973 Statutes of Nevada, Page 1938κ
Assembly Joint Resolution No. 23 of the 56th SessionMessrs. Capurro and Glaser
FILE NUMBER 83
[To go on 1974 general election ballot]
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.
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κ1973 Statutes of Nevada, Page 1939κ
Senate Joint Resolution No. 15Senators Swobe, Blakemore, Brown, Bryan, Close, Dodge, Drakulich, Echols, Foley, Gibson, Hecht, Herr, Lamb, Neal, Pozzi, Raggio, Walker, Wilson and Young
FILE NUMBER 84
[To be returned to 1975 legislature]
SENATE JOINT RESOLUTIONProposing to amend the Nevada constitution to permit the assessment of owner-occupied dwellings and land at a lower rate than other real property.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 1 of article 10 of the constitution of the State of Nevada be amended, and article 10 of the constitution of the State of Nevada be further amended by adding thereto a new section, which shall read respectively as follows:
Section 1. [The] Except as otherwise provided in section 3, 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. 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.
Sec. 3 The legislature may provide by law for the assessment of owner-occupied dwellings and not more than 1 acre of land used in conjunction therewith at a rate not more than 25 percent lower than other real property. If such dwelling or land is part of a larger structure or parcel of land, a proportionate part of the larger structure or parcel may be so assessed.
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κ1973 Statutes of Nevada, Page 1940κ
Senate Concurrent Resolution No. 38Committee on Finance
FILE NUMBER 85
SENATE CONCURRENT RESOLUTIONRequesting the assembly to return Senate Bill No. 326 to the senate for further consideration.
Whereas, Senate Bill No. 326 was regularly passed by the senate; and
Whereas, The senate is desirous of further considering Senate Bill No. 326; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That Senate Bill No. 326 be returned from the assembly to the senate for further consideration.
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Assembly Joint Resolution No. 10Messrs. Hickey, Hayes, Demers and May
FILE NUMBER 86
[To be returned to 1975 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to amend section 7 of article 6 of the constitution of the State of Nevada to permit the supreme court of this state to hear oral argument outside of the seat of government.
Resolved by the Assembly and the Senate of the State of Nevada, jointly, That section 7 of article 6 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 7. Terms of court. 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] , except that the Supreme court may hear oral argument at other places in the state. 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.
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Assembly Concurrent Resolution No. 19Messrs. Fry, Torvinen, Howard, Getto, Dini, Young, Jacobsen and Capurro
FILE NUMBER 87
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to conduct a study of the probate and related provisions in the statutes of the State of Nevada, to make recommendations and to report to the next regular session of the legislature.
Whereas, It has become apparent that the increase in population and the mobility of the population in our society necessitates a serious consideration of the adequacy of the probate and related provisions in the statutes of the State of Nevada; and
κ1973 Statutes of Nevada, Page 1941 (FILE NUMBER 87, ACR 19)κ
Whereas, Although these provisions were adequate in a less mobile society, such laws tend to decrease in effectiveness and are insufficient to deal with problems encountered in a shifting society, many of which result from conflicting provisions in other states statutes; and
Whereas, There is a trend toward modernizing these related codes to permit a more effective and efficient administration of the laws; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed:
1. To make a thorough study of the probate and related provisions in the statutes of the State of Nevada and other states, including a study of the Uniform Probate Code, with a view to modernizing and improving the existing probate and related provisions in the statutes of the State of Nevada; and
2. To report the results of such directed study to the 58th session of the legislature, together with recommendations for any necessary and appropriate legislation.
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Assembly Concurrent Resolution No. 43Committee on Government Affairs
FILE NUMBER 88
ASSEMBLY CONCURRENT RESOLUTIONMemorializing health and care facilities in the State of Nevada to designate No Smoking rooms and areas in such facilities.
Whereas, The Surgeon General has determined that smoking is dangerous to the health of the people; and
Whereas, The health of the people is the greatest concern of health and care facilities in the state; and
Whereas, The interest of the public in decreasing its consumption of tobacco and avoiding incidental effects of smoking has led to an increase in public and private areas designated as No Smoking areas; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That all health and care facilities in the State of Nevada designate certain areas or rooms in such facilities as No Smoking areas; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the state board of health and each health and care facility established in the State of Nevada.
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κ1973 Statutes of Nevada, Page 1942κ
Assembly Concurrent Resolution No. 48Messrs. Schofield, Lowman, McNeel, Bremner, Hickey, May, Dini, Barengo, Glover, Smalley, Crawford, Howard, Demers, Hayes, Ullom, Craddock, Broadbent, Mrs. Gojack, Messrs. Huff, Jacobsen, Banner, Bickerstaff, Prince, Bennett and Mrs. Brookman
FILE NUMBER 89
ASSEMBLY CONCURRENT RESOLUTIONAuthorizing the board of regents of the University of Nevada to employ personnel from private funds to develop plans for establishing a law school at the University of Nevada, Las Vegas; and providing other matters properly relating thereto.
Whereas, The legislature finds that a law school is needed in the University of Nevada System; and
Whereas, The legislature finds that it is for the best interests of the state and of the university that a law school be located at University of Nevada, Las Vegas; and
Whereas, The legislature at this time desires to have more information in regard to the cost of a law school at the University of Nevada, Las Vegas; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring:
1. That a law school be established in the future in the State of Nevada at the University of Nevada, Las Vegas.
2. That the board of regents of the University of Nevada are authorized to employ a person who would be qualified to serve as a dean of a law school from funds not appropriated by the state legislature to develop plans for the physical facilities of a law school, including a law library, and for the faculty and staff of the law school to be located at the University of Nevada, Las Vegas.
3. That the information developed be submitted to the board of regents of the University of Nevada, the governor and 58th session of the legislature.
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Assembly Joint Resolution No. 37Messrs. May, Bremner, Mrs. Brookman, Messrs. Hickey and Dreyer
FILE NUMBER 90
ASSEMBLY JOINT RESOLUTIONMemorializing Congress to repeal 26 U.S.C. § 4401 et seq., thereby repealing federal taxes on certain forms of wagering.
Whereas, The gaming industry is an important and lawful segment of Nevadas economy; and
Whereas, The wagering taxes imposed by 26 U.S.C. § 4401 et seq. places a significant burden on legitimate wagering establishments in states where gaming is legal by persuading some persons to patronize illegal establishments which do not collect the 10 percent tax; and
Whereas, The economy and tax base in Nevada suffers when legal gaming establishments lose business to illegal establishments; 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 hereby respectfully memorializes the Congress of the United States to repeal 26 U.S.C.
κ1973 Statutes of Nevada, Page 1943 (FILE NUMBER 90, AJR 37)κ
memorializes the Congress of the United States to repeal 26 U.S.C. § 4401 et seq., thereby eliminating the federal tax on certain forms of wagering; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the Vice President of the United States as presiding officer of the Senate, to the Speaker of the House of Representatives and to all members of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Joint Resolution No. 35Messrs. Torvinen and May
FILE NUMBER 91
ASSEMBLY JOINT RESOLUTIONMemorializing Congress to enact federal legislation restricting states from withholding income tax of nonresidents.
Whereas, In 1970 Congress adopted P.L. 91-569 requiring employers to withhold income taxes from wages of employees engaged in interstate transportation for any state wherein more than 50 percent of the employees employed travel occurs, regardless of the domicile of the employee; and
Whereas, The state of California inaugurated income tax withholding effective January 1, 1972; and
Whereas, Numerous Nevada residents are employed in interstate travel into California and have as much as 90 percent of their employed travel occurring in California; and
Whereas, California is now requiring Nevada-based employers to withhold income tax from the wages of such employees, according to the percentage of employed travel occurring in California, under threat of making the employer responsible for any withholding of taxes which are not withheld; and
Whereas, The withholding of California income taxes from Nevada residents presents an unfair and discriminatory burden on employees who receive no benefit from the taxes paid to California; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That Congress is hereby memorialized to enact federal legislation prohibiting states from withholding income tax form nonresidents; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the President and Vice President of the United States, to the Speaker of the House of Representatives and to all members of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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κ1973 Statutes of Nevada, Page 1944κ
Senate Joint Resolution No. 7Senators Gibson, Lamb, Brown, Dodge, Walker, Close, Drakulich, Herr, Raggio, Young, Foley, Pozzi, Hecht, Swobe, Monroe, Echols and Blakemore
FILE NUMBER 92
SENATE JOINT RESOLUTIONRequesting the Congress of the United States to call a constitutional convention for the purpose of amending the United States Constitution to prohibit the assignment of students to particular public schools on account of race, religion, color or national origin.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That, pursuant to Article V of the United States Constitution, the legislature of the State of Nevada hereby makes application to the Congress of the United States to call a constitutional convention for the purpose of proposing the following amendment to the Constitution of the United States:
ARTICLE .
No student shall be assigned to nor compelled to attend any particular public school on account of race, religion, color or national origin;
and be it further
Resolved, That this application by the legislature of the State of Nevada constitutes a continuing application in accordance with Article V of the Constitution of the United States until at least two-thirds of the legislatures of the several states have made similar application pursuant to Article V.
If Congress proposes an amendment to the Constitution identical with that contained in this resolution before January 1, 1974, this application for a state application shall no longer be of any force or effect; and be it further
Resolved, That since this method of proposing amendments to the Constitution has never been completed to the point of calling a convention and no interpretation of the power of the states in the exercise of this right has ever been made by any court or any qualified tribunal, if there be such, and since the exercise of the power is a matter of basic sovereign rights and the interpretation thereof is primarily in the sovereign government making such exercise and since the power to use such right in full also carries the power to use such right in part the legislature of the State of Nevada interprets Article V to mean that if two-thirds of the states make application for a convention to propose an identical amendment to the Constitution for ratification with a limitation that such amendment be the only matter before it, that such convention would have power only to propose the specified amendment and would be limited to such proposal and would not have power to vary the text thereof nor would it have power to propose other amendments on the same or different propositions; and be it further
Resolved, That a duly attested copy of this resolution be immediately transmitted by the legislative counsel to the President of the United States, to the President of the Senate of the United States, to the Speaker of the House of Representatives of the United States, to each member of the Congress from this state and to each house of each state legislature in the United States; and be it further
κ1973 Statutes of Nevada, Page 1945 (FILE NUMBER 92, SJR 7)κ
Resolved, That this resolution shall become effective upon passage and approval.
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Senate Joint Resolution No. 26Committee on Ecology and Public Resources
FILE NUMBER 93
SENATE JOINT RESOLUTIONMemorializing the Congress of the United States to adopt legislation concerning the encouragement of recycling and shipment of recycled material.
Whereas, The 57th session of the Nevada legislature recognizes the need for greater utilization of recycled metals and other recycled materials and products; and
Whereas, Such utilization of recycled metals and other recycled materials and products would substantially alleviate the consequent solid waste problem critically affecting our environment and burdening our rapidly depleting natural resources; and
Whereas, Economic and tax incentives attached to the shipment of recyclable metals and other materials and to the purchase and amortization of solid waste recycling facilities would provide for significant progress toward greater utilization of recycled metals and other recycled materials and products; 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 memorialized to adopt legislation embodying the provisions of H.R. 15770 of the 92d Congress of the United States, which will provide reasonable and necessary tax incentives to encourage the utilization of recycled solid waste materials of offset existing income tax advantages which promote further depletion of virgin natural resources and to embody provisions for direct economic incentives for the shipment of recyclable materials which, while recognizing the competitive input in production between scrap metals and other materials and virgin materials, would result in the elimination of the existing shipping rate differential between recyclable metals and other materials and virgin materials; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President of the United States as presiding officer of the Senate, to the Speaker of the House of Representatives and to the members of the Nevada congressional delegation; and be it further
Resolved, That this resolution become effective upon passage and approval.
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κ1973 Statutes of Nevada, Page 1946κ
Assembly Joint Resolution No. 2Mr. Jacobsen
FILE NUMBER 94
[To be returned to 1975 legislature]
ASSEMBLY JOINT RESOLUTIONAmending section 18 of article 4 of the constitution of the State of Nevada, relating to adoption of consent calendar for uncontested bills.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 18 of article 4 of the constitution of the State of Nevada be amended to read as follows:
Sec. 18: Every bill, except a bill placed on a consent calendar adopted as provided in this section, shall be read by sections on three several days, in each House, unless in case of emergency, two thirds of the House where such bill may be pending shall deem it expedient to dispense with this rule; but the reading of a bill by sections, on its final passage, shall in no case be dispensed with, and the vote on the final passage of every bill or joint resolution shall be taken by yeas and nays to be entered on the journals of each House; and a majority of all the members elected to each house, shall be necessary to pass every bill or joint resolution, and all bills or joint resolutions so passed, shall be signed by the presiding officers of the respectable Houses and by the Secretary of the Senate and clerk of the Assembly. Each House may provide by rule for the creation of a consent calendar and establish the procedure for the passage of uncontested bills.
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Assembly Joint Resolution No. 15Messrs. Fry, Torvinen and Lowman
FILE NUMBER 95
[To be returned to 1975 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to amend sections 4 and 8 of article 6 of the state constitution, relating to the jurisdiction of the supreme court and to justices of the peace, respectively, by specifying the supreme courts appellate jurisdiction to exclude civil cases decided in justices courts, and by enlarging the authority of the legislature over the jurisdictional limits of justices courts.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That sections 4 and 8 of article 6 of the constitution of the State of Nevada be amended to read, respectively, as follows:
[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;] the maximum jurisdictional amount established by law for justices courts in civil cases; also in all other civil cases not included in the general subdivisions of law and equity, and also on questions of law along in all criminal cases in which the offense charged is within the original jurisdiction of the district courts.
κ1973 Statutes of Nevada, Page 1947 (FILE NUMBER 95, AJR 15)κ
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:] 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.] their qualifications, their terms of office and the limits of their civil and criminal jurisdiction, according to the amount in controversy, the nature of the case, the penalty provided, or any combination of these.
The provisions of this section affecting the number, qualifications, terms of office and jurisdiction of Justices of the Peace become effective July 1, 1977.
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.
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κ1973 Statutes of Nevada, Page 1948κ
Assembly Joint Resolution No. 10 of the 56th SessionMr. Homer
FILE NUMBER 96
[To go on 1974 general election ballot]
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.
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Assembly Resolution No. 21Committee on Legislative Functions
FILE NUMBER 97
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, Mouryne Landing, from the legislative fund the sum of $15 per day as a per diem expense allowance for the 57th session of the legislature.
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κ1973 Statutes of Nevada, Page 1949κ
Assembly Concurrent Resolution No. 56Messrs. Lowman, Schofield, Bickerstaff, Mello, Bremner, Hafen, Banner, Prince, Getto, Dini, Fry, May, Smalley, Dreyer, Glover, Mrs. Brookman, Messrs. Huff, Wittenberg, Mrs. Gojack, Messrs. Young, Ullom, Craddock, Hayes, Demers, Smith, Bennett, Crawford and Broadbent
FILE NUMBER 98
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the board of regents of the University of Nevada System to consider establishing a doctoral program in education.
Whereas, There are in excess of 400 potential applicants among Nevada resident educators for a doctoral degree in education from the University of Nevada System; and
Whereas, These potential applicants must attend educational institutions in other states to receive such a degree; and
Whereas, Such attendance creates a hardship upon such potential applicants; and
Whereas, Many of these applicants are unable to attend such out-of-state institutions because of the hardship created; and
Whereas, There is an acute shortage of positions available for the many persons with undergraduate degrees; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the board of regents of the University of Nevada System is hereby requested to consider the establishment of a doctoral program in education, within existing appropriations and funds, at the University of Nevada, Las Vegas, and the University of Nevada, Reno; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to the board of regents of the University of Nevada System.
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Senate Concurrent Resolution No. 39Committee on Health, Welfare and State Institutions
FILE NUMBER 99
SENATE CONCURRENT RESOLUTIONCommending G. B. Henderson for his humanitarian activities.
Whereas, Cancer is rapidly becoming the number one killer in the nation, striking down 350,000 persons a year; and
Whereas, In Nevada alone vital statistics reveal that in 1970, 595 persons died of cancer, in 1971, 636 persons died of cancer and in 1972, nearly 700 persons were fatally stricken by this disease; and
Whereas, G. B. Henderson, a resident of Las Vegas for 18 years, is president and founder of the Dawson Foundation in Las Vegas, which is devoted to aiding deprived children; and
Whereas, G. B. Henderson has also demonstrated his willingness to aid humanity by creating and funding the Nevada Health Foundation, which is devoting full time in seeking a cure for cancer; now, therefore, be it
κ1973 Statutes of Nevada, Page 1950 (FILE NUMBER 99, SCR 39)κ
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the Nevada legislature commend G. B. Henderson for his devotion and tireless dedication in working for the good of all humanity; and be it further
Resolved, That copies of this resolution be prepared by the legislative counsel and transmitted forthwith to G. B. Henderson, President of the Nevada Health Foundation, and Andrew McNaughton, Director of the Nevada Health Foundation.
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Senate Resolution No. 15Committee on Legislative Functions
FILE NUMBER 100
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 Carl F. Dodge, James I. Gibson, Warren L. Monroe, William J. Raggio, Coe Swobe and Lee E. Walker be, and they hereby are, designated as the regular senate members; Senators Joe Neal and Archie Pozzi be, and they hereby are, designated as the first alternate senate members; Senators Thomas R. C. Wilson and Clifton Young be, and they hereby are, designated as the second alternate senate members; and Senators Eugene V. Echols 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 Concurrent Resolution No. 16Senator Swobe
FILE NUMBER 101
SENATE CONCURRENT RESOLUTIONDirecting board of regents of University of Nevada System to extend certain privileges to Vietnam veterans.
Whereas, The University of Nevada System provided certain enrollment and other courtesies and privileges to veterans of World War II and the Korean War after those respective wars; and
Whereas, With the Vietnam War ending, many Vietnam veterans will be enrolling or returning to the University of Nevada System to continue their education after serving their country; and
Whereas, The members of the 57th session of the Nevada legislature believe that the returning veterans of the Vietnam War should be accorded enrollment and other courtesies and privileges commensurate with the returning veterans maturity and service to their country, now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the board of regents of the University of Nevada System extend to the returning Vietnam veterans enrollment and other courtesies and privileges commensurate with the returning veterans maturity and service to their country and develop a policy with respect thereto; and be it further
κ1973 Statutes of Nevada, Page 1951 (FILE NUMBER 101, SCR 16)κ
to the returning Vietnam veterans enrollment and other courtesies and privileges commensurate with the returning veterans maturity and service to their country and develop a policy with respect thereto; and be it further
Resolved, That the legislature counsel is directed to transmit forthwith copies of this resolution to the board of regents of the University of Nevada.
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Senate Concurrent Resolution No. 33Committee on Legislative Functions
FILE NUMBER 102
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to conduct a study of the role of the lieutenant governor and to report to the 58th session of the legislature.
Whereas, The lieutenant governor of the State of Nevada holds one of the few constitutional offices and is one of the few officers elected by all the people of the state; and
Whereas, The lieutenant governor is first in line of succession to the governorship and must be prepared at all times to assume the supreme executive power if such responsibility devolves upon him; and
Whereas, Throughout the nation an evolving importance is being attached to the various state offices of lieutenant governor; and
Whereas, Nevada is a continually growing state whose affairs place increasing burdens upon its leadership; and
Whereas, The historic characterization of the office of lieutenant governor in Nevada has remained virtually unchanged during the 109 years since the adoption of the constitution; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to conduct a study of the proper role of the lieutenant governor, the constitutional and statutory provision by which the nature of his office is defined, the functions of his office, budgetary matters relating to the office and every aspect relating to the election of the lieutenant governor including his election as running mate of the governor. The legislative commission is directed to report the results of such study, including any recommendations as to a modification of the lieutenant governors role, to the 58th session of the Nevada legislature.
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Senate Concurrent Resolution No. 36Committee on Transportation
FILE NUMBER 103
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to study various programs of temporary disability insurance and the possibility of enacting such a program in Nevada.
Whereas, Enacting a program of temporary disability insurance for the residents of this state is a desirable but complex program; and
κ1973 Statutes of Nevada, Page 1952 (FILE NUMBER 103, SCR 36)κ
Whereas, Nevada lacks experience in developing and implementing a temporary disability insurance program; and
Whereas, Several of Nevadas sister states have adopted some form of temporary disability insurance, and knowledge of their experience may aid Nevada in developing an adequate program; and
Whereas, The full cost of implementing such a program can not be determined without further study; 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 comprehensive study of the problems that may be encountered in developing and implementing a program of temporary disability insurance, including the expected costs, the alternatives of legislation providing for a program operated by the state or a program operated by private insurers and the experience of our sister states who have enacted similar programs, and to report the results of such study and any recommendations for proposed legislation to the 58th session of the Nevada legislature.
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Senate Joint Resolution No. 30Committee on Judiciary
FILE NUMBER 104
[To be returned to 1975 legislature]
SENATE JOINT RESOLUTIONProposing to amend sections 2, 4 and 7 of article 6 of the constitution of the State of Nevada, relating to the supreme court, by authorizing the legislature to expand the membership of the supreme court, and by authorizing the legislature to provide the supreme court with authority to divide into panels to hear certain cases.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That sections 2, 4 and 7 of article 6 of the constitution of the State of Nevada be amended to read as follows:
[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.]
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.
κ1973 Statutes of Nevada, Page 1953 (FILE NUMBER 104, SJR 30)κ
(b) For the places of holding court by panels of justices if established, and by the the full court.
[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. 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] one 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:] 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 [;] unless the Legislature shall provide otherwise by law; 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.
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Assembly Joint Resolution No. 14Messrs. Torvinen, Fry and Lowman
FILE NUMBER 105
[To be returned to 1975 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to change the state constitution to provide for appointments of judicial officers, to fill vacancies during a term of office, under a plan of merit selection.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That article 6 of the constitution of the State of Nevada be amended by adding thereto a new section to be designated section 19, provided that:
1. If Assembly Joint Resolution 17 of the 57th session is agreed to and passed, this new section shall be designated as section 20, 21 or 22, as determined by the secretary of state, depending on whether Assembly Joint Resolution 18 of the 57th session, or both, are agreed to and passed.
κ1973 Statutes of Nevada, Page 1954 (FILE NUMBER 105, AJR 14)κ
as determined by the secretary of state, depending on whether Assembly Joint Resolution 18 of the 57th session, or both, are agreed to and passed.
2. If Assembly Joint Resolution 17 of the 57th session is not agreed to and passed, this new section shall be designated as section 19, 20 or 21, as determined by the secretary of state, depending on whether Assembly Joint Resolution 16 or Assembly Joint Resolution 18 of the 57th session, or both, are agreed to and passed,
and section 22 of article 17 of the constitution of the State of Nevada be amended to read respectively as follows:
Sec. 19. 1. When a vacancy occurs before the expiration of any term of office in the supreme court or among the district judges, 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 term of office of any justice or judge so appointed expires on the first Monday of January following the next general election.
3. 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.
4. Each nomination for the district 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 judicial district in which the vacancy occurs, appointed by the board of governors of the State Bar of Nevada; and
(c) A resident of such judicial district, not a member of the legal profession, appointed by the governor.
5. 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 section to be occupied by members of the State Bar of Nevada.
6. 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.
7. 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 a commission on judicial discipline.
8. After the expiration of 30 days from the date on which the commission 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.
κ1973 Statutes of Nevada, Page 1955 (FILE NUMBER 105, AJR 14)κ
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.
If a commission on judicial selection is established by another section of this constitution to nominate persons to fill vacancies on the supreme court, such commission shall serve as the permanent commission established by subsection 3 of this section.
[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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Assembly Joint Resolution No. 16Messrs. Torvinen, Fry and Lowman
FILE NUMBER 106
[To be returned to 1975 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to amend the judicial article of the state constitution by providing for the discipline of incumbent judges.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 5 of article 6 of the constitution of the State of Nevada be amended, and article 6 of the constitution of the State of Nevada be amended, and article 6 of the constitution of the State of Nevada be further amended by adding thereto a new section to be designated section 19, provided that:
1. If Assembly Joint Resolution 17 of the 57th session is agreed to and passed, this new section shall be designated as section 20, 21 or 22, as determined by the secretary of state, depending on whether Assembly Joint Resolution 14 or Assembly Joint Resolution 18 of the 57th session, or both, are agreed to and passed.
2. If Assembly Joint Resolution 17 of the 57th session is not agreed to and passed, this new section shall be designated as section 19, 20 or 21, as determined by the secretary of state, depending on whether Assembly Joint Resolution 14 or Assembly Joint Resolution 18 of the 57th session, or both, are agreed to and passed,
to read respectively as follows:
[Sec:] Sec. 5. The State is hereby divided in to Nine Judicial Districts of which the county of Storey shall constitute the First; The county of Ormsby the Second; the county of Lyon the Third; The county of Washoe the Fourth; The counties of Nye and Churchill the Fifth; The county of Humboldt the Sixth; The county of Lander the Seventh; The county of Douglas the Eighth; and the county of Esmeralda the Ninth. The county of Roop shall be attached to the county of Washoe for judicial purposes until otherwise provided by law. The Legislature may, however, provide by law for an alteration in the boundaries or divisions of the Districts herein prescribed, and also for increasing or diminishing the number of the Judicial Districts and Judges therein. But no such change shall take effect, except in case of a vacancy, or the expiration of the term of an incumbent of the Office.
κ1973 Statutes of Nevada, Page 1956 (FILE NUMBER 106, AJR 16)κ
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] 6 years (excepting those elected at said first election) from and including the first Monday of January, next succeeding their election and qualification; Provided, that the First Judicial District shall be entitled to, and shall have Three District Judges, who shall possess co-extensive and concurrent jurisdiction, and who shall be elected at the same times, in the same manner, and shall hold office for the like terms as herein prescribed, in relation to the Judges in other Judicial Districts, any one of said Judges may preside on the empanneling [empaneling] of Grand Juries and the presentment and trial on indictments, under such rules and regulations as may be prescribed by law.
Sec. 19 1. A justice of the supreme court or a district judge 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;
(b) Two members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by the governor.
The commission shall elect a chairman from among its three lay members.
3. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or if it fails to do so the court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.
4. The term of office of each appointive member of the commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. An appointing authority shall not appoint more than one resident of any county. The governor shall not appoint more than two members of the same political party. No member may be a member of a commission on judicial selection.
κ1973 Statutes of Nevada, Page 1957 (FILE NUMBER 106, AJR 16)κ
5. 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.
6. 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 this office or habitual intemperance; or
(b) Retired except for advanced age which interferes with the proper performance of his judicial duties, or for mental or physical disability which prevents the proper performance of his judicial duties and which is likely to be permanent in nature.
7. 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.
8. If a proceeding is brought against a justice of the supreme court, no justice may sit on the commission for that proceeding. If a proceeding is brought against a district judge, no judge from the same judicial district may sit on the commission for that proceeding. If an appeal is taken from an action of the commission to the supreme court, any justice who sat on the commission for that proceeding is disqualified from participating in the consideration or decision of the appeal. When any member of the commission is disqualified by this subsection, the supreme court shall appoint a substitute from among the eligible judges.
9. The commission may:
(a) Designate for each hearing an attorney or attorneys at law to act as counsel to conduct the proceeding;
(b) Summon witnesses to appear and testify under oath and compel the production of books, papers, documents and records;
(c) Grant immunity from prosecution or punishment when the commission deems it necessary and proper in order to compel the giving of testimony under oath and the production of books, papers, documents and records; and
(d) Exercise such further powers as the legislature may from time to time confer upon it.
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κ1973 Statutes of Nevada, Page 1958κ
Assembly Joint Resolution No. 17Messrs. Fry, Torvinen and Lowman
FILE NUMBER 107
[To be returned to 1975 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to change the state constitution to provide for the succession and appointment of justices of the supreme court by a system of merit selection.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That sections 3 and 15 of article 6 and section 22 of article 17 of the constitution of the State of Nevada be amended, and article 6 of the constitution of the State of Nevada be further amended by adding thereto a new section to be designated section 19, to read respectively as follows:
[Sec:] Sec. 3. 1. The Justices of the Supreme Court, shall be [elected by the qualified electors of the State at the general election,] appointed or succeed themselves as provided in this section and in section 19 of this article, 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] respective:
(a) Elections under the former provisions of this section;
(b) Retentions by election pursuant to subsection 2; or
(c) Appointments to take office for a full term.
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.
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 prior to such expiration pursuant to section 19 of this article.
[Sec:] Sec. 15. The Justices of the Supreme Court and District Judges shall each receive for their services a compensation to be fixed by law and paid in the manner provided by law, which shall not be increased or diminished during the term for which they shall have been elected, retained or appointed, 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, succession or appointment;
κ1973 Statutes of Nevada, Page 1959 (FILE NUMBER 107, AJR 17)κ
and provision shall be made by law for setting apart from each years revenue a sufficient amount of Money, to pay such compensation.
[Sec:] Sec. 22. In case the office of any [Justice of the Supreme Court,] District Judge or other State 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.
In case the office of any Justice of the Supreme Court becomes vacant before the expiration of the regular term for which he was elected, retained or appointed, the vacancy may be filled by the appointment by the Governor as provided in section 19 of article 6. The term of office of any Justice so appointed expires on the first Monday of January following the next general election.
Sec. 19. 1. When a vacancy occurs for any reason in the supreme court, the governor shall appoint a justice from among three nominees selected for such individual vacancy by the commission on judicial selection.
2. The commission is 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. 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.
4. The term of office of each appointive member of the commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term.
5. An appointing authority shall not appoint to the commission more than:
(a) One resident of any county.
(b) Two members of the same political party.
No member of the commission may be a member of a commission on judicial discipline.
6. After the expiration of 30 days from the date on which the commission 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 from the list submitted.
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κ1973 Statutes of Nevada, Page 1960κ
Assembly Joint Resolution No. 18Messrs. Lowman, Fry and Torvinen
FILE NUMBER 108
[To be returned to 1975 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to change the state constitution to provide for a central administration of the court system.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 1 of article 6 of the constitution of the State of Nevada be amended, and article 6 of the constitution of the State of Nevada be further amended by adding thereto a new section to be designated section 19, provided that:
1. If Assembly Joint Resolution 17 of the 57th session is agreed to and passed, this new section shall be designated as section 20, 21 or 22, as determined by the secretary of state, depending on whether Assembly Joint Resolution 14 or Assembly Joint Resolution 16 of the 57th session, or both, are agreed to and passed.
2. If Assembly Joint Resolution 17 of the 57th session is not agreed to and passed, this new section shall be designated as section 19, 20 or 21, as determined by the secretary of state, depending on whether Assembly Joint Resolution 14 or Assembly Joint Resolution 16 of the 57th session, or both, are agreed to and passed,
to read respectively as follows:
Section 1. The Judicial power of this State shall be vested in a court system, compromising a Supreme Court, District Courts, and [in] Justices of the Peace. The Legislature may also establish, as part of the system, Courts for municipal purposes only in incorporated cities and towns.
Sec. 19. 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.
(b) Assign district judges to assist in other judicial districts or to specialized functions which may be 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. In the absence or temporary disability of the chief justice, the associate justice senior in commission shall act as chief justice.
3. This section becomes effective July 1, 1977.
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Assembly Resolution No. 22Committee on Legislative Functions
FILE NUMBER 109
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.
κ1973 Statutes of Nevada, Page 1961 (FILE NUMBER 109, AR 22)κ
regular and alternate members of the legislative commission of the legislative counsel bureau to serve until their successors are designated: Messrs. Keith Ashworth, Joseph E. Dini, Jr., Donald R. Mello, Lawrence E. Jacobsen, Zelvin D. Lowman and Roy L. Torvinen are designated as the regular assembly members; Mrs. Eileen B. Brookman is designated the alternate member for Mr. Keith Ashworth; Mr. Rawson M. Prince is designated the alternate member for Mr. Joseph E. Dini, Jr.; Miss Margie Foote is designated the alternate member for Mr. Donald R. Mello; Mr. Virgil Getto is designated the alternate member for Mr. Lawrence E. Jacobsen; Mrs. Jean E. Ford is designated the alternate member for Mr. Zelvin D. Lowman; and Mr. Leslie Mack Fry is designated the alternate member for Mr. Roy L. Torvinen.
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Assembly Concurrent Resolution No. 12Messrs. May, Hickey and Dreyer
FILE NUMBER 110
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the financial condition of public housing authorities in the state.
Whereas, Housing authorities in the State of Nevada over a period of years have developed public housing projects providing adequate, safe and sanitary homes at low cost to persons or families of low income, veterans, Indians and senior citizens; and
Whereas, The financial stability and solvency of these housing projects are essential if they are to continue to fulfill their purpose; and
Whereas, Numerous housing authorities throughout the nation are experiencing a rise in deficits and some of them are facing the prospect of insolvency; and
Whereas, The rent limit recently imposed by Congress, whereby rents may not exceed one-fourth of the tenants family income, is creating for certain housing projects a situation in which revenue from rents will be insufficient to meet costs; and
Whereas, Subsidies may become necessary to offset these insufficiencies, and federal and other possible sources of funds for subsidies should be explored; and
Whereas, An analysis should be made of matters affecting public housing projects in Nevada, including their financial structures, occupancy rates, operating costs, expected revenue and new development plans in order to determine their financial prospects and ability to meet future needs of the people of Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to conduct a study of the financial condition and outlook of the housing authorities in the State of Nevada and to report the results of its study with any appropriate recommendations to the 58th session of the Nevada legislature.
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κ1973 Statutes of Nevada, Page 1962κ
Assembly Concurrent Resolution No. 35Messrs. Dini and Getto
FILE NUMBER 111
ASSEMBLY CONCURRENT RESOLUTIONDirecting legislative commission to study mobile home taxation.
Whereas, Nevadas system of property taxation has come under criticism with respect to its application to taxation of mobile homes; and
Whereas, The legislature believes that an investigation into the methods, procedures and bases of taxation of mobile homes is necessary in order that mobile homes be fairly taxed to bring about the maximum permissible revenues for the state; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to study the methods, procedures and bases of taxation of mobile homes and submit appropriate recommendations and suggested legislation to the 58th session of the Nevada legislature.
________
Assembly Concurrent Resolution No. 46Committee on Ways and Means
FILE NUMBER 112
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to conduct a study of state insurance policies and procedures and report to the next session of the legislature.
Whereas, A diversity of proposals has been presented to the 57th session of the Nevada legislature concerning the various state insurance policies, including group health and life, fire, casualty and liability policies, and the methods of procuring and paying for these policies, and the matter is one of such complexity as to warrant its study in depth; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to conduct a complete study of state insurance matters, including insurance of the state against tort liability and insurance of public employees, but excluding industrial insurance, and to determine the necessary areas for coverage, the appropriate procedures for obtaining policies and the best methods for paying premiums; and be it further
Resolved, That the legislative commission report the results of such study and make recommendations for proposed legislation to the 58th session of the Nevada legislature.
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Assembly Concurrent Resolution No. 57Mr. Demers and Mrs. Ford
FILE NUMBER 113
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the feasibility of establishing a nursery facility of the division of forestry in southern Nevada.
Whereas, Plants ameliorate Nevadas arid climate by reducing blowing winds, snow, and high evaporation losses; and
κ1973 Statutes of Nevada, Page 1963 (FILE NUMBER 113, ACR 57)κ
Whereas, Plants provide food, shelter and beauty for all living things within their environment; and
Whereas, Southern Nevadas climate and growing conditions are significantly different from other geographical areas within the state; and
Whereas, Plants shipped into southern Nevada from other regions create unique transportation and storage problems and often die because they are not acclimatized; and
Whereas, The ecology of native plants of southern Nevada renders them more adaptable to the local environment and indigenous plants are hardier and require less water for survival, thereby being more suitable for propagation and more convenient for public use; 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, aided by the division of forestry of the department of conservation and natural resources, to determine the feasibility of establishing a nursery facility in southern Nevada devoted to the propagation of native and adapted species of plantlife appropriate to the particular conditions of the region and suitable for use as windbreaks, soil stabilizers, recreational attractions and other purposes, and to report the results of such study with any recommended legislation to the 58th session of the legislature.
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Senate Concurrent Resolution No. 35Senators Drakulich, Herr, Walker, Neal, Swobe and Young
FILE NUMBER 114
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to study the development of the practice of Chinese medicine in this state 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, By its considered action the legislature of the State of Nevada has enacted a bill permitting and regulating the practice of traditional Chinese medicine, including the practice of acupuncture and herbal medicine; and
Whereas, This action on the part of the legislature is an innovative approach to the needs of the people; and
Whereas, This action is a distinct accomplishment by comparison with the public policy of other states; and
Whereas, The practice of traditional Chinese medicine is a novel activity in this country; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to make a study of the development and the experience of the practice of Chinese medicine in this state and to report the results of such study and any recommendations for proposed legislation to the 58th session of the legislature.
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κ1973 Statutes of Nevada, Page 1964κ
Senate Resolution No. 16Committee on Legislative Functions
FILE NUMBER 115
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 $15 per day as a per diem expense allowance for the 57th session of the legislature.
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Assembly Joint Resolution No. 47Messrs. Fry, Bremner, Bickerstaff, Hickey, Capurro, Schofield, Mrs. Brookman, Messrs. Vergiels, Mello, May, Howard, Jacobsen, Torvinen, Smalley, Glover, Barengo, Prince, Getto, Mesdames Ford, Gojack, Messrs. Ullom, Smith, Hafen, Broadbent, Wittenberg, Huff, Lowman, Hayes, Banner, McNeel, Bennett, Demers, Dreyer, Robinson, Young and Crawford
FILE NUMBER 116
ASSEMBLY JOINT RESOLUTIONMemorializing Congress to enact legislation concerning casino dealers tip income
Whereas, The dealers in Nevadas gaming industry are employed in a unique trade; and
Whereas, The tip income of such dealers is of a nature requiring special recognition and consideration by the internal revenue laws of the United States; 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 hereby respectfully memorializes the Congress of the United States to enact legislation extending special recognition and consideration to the unique features of casino dealers tip income; and be it further
Resolved, That federal law be amended to provide that the tips tendered to casino dealers be construed as gifts; and be it further
Resolved, That, in the event the recognition of such tips as gifts is not forthcoming, such tips be considered wages to which full social security, state unemployment and industrial insurance benefits shall apply and recognition of which shall be required by officials processing Veterans Administration and Federal Housing Administration loan applications; and be it further
Resolved, That regulations of the Internal Revenue Service set forth specific guidelines for computation of dealers tip income, giving consideration to fluctuations in the dealers hours of employment as well as the seasons of the year; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the Vice President of the United States as presiding officer of the Senate, to the Speaker of the House of Representatives and to all members of the Nevada congressional delegation.
κ1973 Statutes of Nevada, Page 1965 (FILE NUMBER 116, AJR 47)κ
by the legislative counsel to the Vice President of the United States as presiding officer of the Senate, to the Speaker of the House of Representatives and to all members of the Nevada congressional delegation.
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Assembly Joint Resolution No. 41Messrs. Schofield, Banner, Barengo, Bennett, Bickerstaff, Broadbent, Capurro, Craddock, Crawford, Demers, Dini, Dreyer, Mrs. Ford, Messrs. Fry, Getto, Mrs. Gojack, Messrs. Hafen, Hayes, Hickey, Howard, Huff, Jacobsen, Mello, Prince, Smith, Ullom, Wittenberg and Young
FILE NUMBER 117
ASSEMBLY JOINT RESOLUTIONMemorializing Congress to amend 5 U.S.C. § 6103 to provide that Veterans Day will again be celebrated on November 11.
Whereas, The celebration of Veterans Day on November 11 had become an American tradition practiced for 45 years; and
Whereas, The significance of November 11 as a day to honor all men and women who have served America in its armed forces is deeply ingrained into the minds and hearts of all Americans; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature of the State of Nevada respectfully memorializes the Congress of the United States to amend 5 U.S.C. § 6103 to provide that Veterans Day will again be celebrated on November 11; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the Vice President of the United States as presiding officer of the Senate, to the Speaker of the House of Representatives and to all members of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Joint Resolution No. 36Messrs. May, Bremner, Mrs. Brookman, Miss Foote, Messrs. Hickey, Getto, Dini, Mesdames Gojack and Ford
FILE NUMBER 118
ASSEMBLY JOINT RESOLUTIONMemorializing the Federal Communications Commission to adopt regulations prohibiting the release of national election returns prior to the closing of the polls in western states.
Whereas, National elections are one of the most important events that occur in these United States; and
Whereas, Polls in western states close three hours later than polls in eastern states; and
Whereas, National broadcasting networks begin releasing election tabulations and projections prior to the closing of the polls in the western states; and
κ1973 Statutes of Nevada, Page 1966 (FILE NUMBER 118, AJR 36)κ
tabulations and projections prior to the closing of the polls in the western states; and
Whereas, Voters in western states may be confused and influenced by early returns or projections based on results from eastern states which are broadcast by national television and radio networks; 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 hereby respectfully memorializes the Federal Communications Commission to adopt regulations prohibiting the release of national election returns prior to the closing of polls in the western states; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to each commissioner of the Federal Communications Commission and to all members of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Joint Resolution No. 38Messrs. Schofield, Fry, Torvinen, Vergiels, Bremner, Hafen, Banner, Hickey, Barengo, Bickerstaff, May, Getto, Dini, Mrs. Brookman, Messrs. Mello, Smalley, Glover, Jacobsen, Howard, Demers, Craddock, Robinson, Ullom, Young, Mesdames Gojack, Ford, Messrs. Capurro, Crawford, Bennett, Smith, Hayes, Dreyer and Lowman
FILE NUMBER 119
ASSEMBLY JOINT RESOLUTIONMemorializing Congress to provide that the State of Nevada may obtain surplus military equipment for use in vocational education programs.
Whereas, The education of Nevadas youth in vocational skills is of great importance to the citizens of this state; and
Whereas, Budgetary problems on the state and local levels of government prohibit Nevada from funding vocational education programs to the optimum extent desired; and
Whereas, As a result of the diminishing efforts in the Vietnam War there exists billions of dollars of surplus military equipment; and
Whereas, Much of this equipment may be scrapped or sold to commercial interests at a fraction of its actual value; 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 hereby respectfully memorializes the Congress of the United States to provide that Nevada have an opportunity to obtain surplus military equipment located in Nevada for vocational education programs offered by educational institutions within this state; and be it further
Resolved, That such legislation provide that the State of Nevada or any of its agencies have an opportunity to bid on such equipment prior to the solicitation of offers from commercial interests by the United States Department of Defense; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the Vice President of the United States as presiding officer of the Senate, to the Speaker of the House of Representatives and to all members of the Nevada congressional delegation; and be it further
κ1973 Statutes of Nevada, Page 1967 (FILE NUMBER 119, AJR 38)κ
presiding officer of the Senate, to the Speaker of the House of Representatives and to all members of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Joint Resolution No. 23Mr. Getto, Mrs. Ford and Mr. Dini
FILE NUMBER 120
[To be returned to 1975 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to amend section 6 of article 19 of the Nevada 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. If the proposal authorizes or requires a capital expenditure, it may authorize raising the necessary moneys by a borrowing within the constitutional limit, to be repaid within the estimated useful life of the capital improvement. If the proposal is made by the registered voters of a county or municipality, it shall not authorize a borrowing in excess of any applicable charter or statutory limitation.
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Assembly Concurrent Resolution No. 54Committee on Legislative Functions
FILE NUMBER 121
ASSEMBLY CONCURRENT RESOLUTIONProviding for the compensation of clergy for services rendered to the assembly and senate in the 57th session of the Nevada legislature.
Whereas, During the present session of the legislature certain clergy, representing various denominations, have rendered daily religious services to the assembly and the senate; and
Whereas, A reasonable compensation should be provided for such services; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the state controller is authorized and directed to pay the sum of $7 per service out of the legislative fund to members of the clergy who have performed religious services for the assembly and the senate during the 57th session of the Nevada legislature; and be it further
κ1973 Statutes of Nevada, Page 1968 (FILE NUMBER 121, ACR 54)κ
who have performed religious services for the assembly and the senate during the 57th session of the Nevada legislature; and be it further
Resolved, That Assembly Resolution 18 of the 57th session be and hereby is rescinded.
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Senate Concurrent Resolution No. 11Senator Monroe
FILE NUMBER 122
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to conduct a study of the probate and related provisions in the statutes of the State of Nevada, to make recommendations and to report to the next regular session of the legislature.
Whereas, It has become apparent that the increase in population and the mobility of the population in our society necessitates a serious consideration of the adequacy of the probate and related provisions in the statutes of the State of Nevada; and
Whereas, Although these provisions were adequate in a less mobile society, such laws tend to decrease in effectiveness and are insufficient to deal with problems encountered in a shifting society, many of which result from conflicting provisions in other states statutes; and
Whereas, There is a trend toward modernizing these related codes to permit a more effective and efficient administration of the laws; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed:
1. To make a thorough study of the probate and related provisions in the statutes of the State of Nevada and other states, including a study of the Uniform Probate Code, with a view to modernizing and improving the existing probate and related provisions in the statutes of the State of Nevada; and
2. To report the results of such directed study to the 58th session of the legislature, together with recommendations for any necessary and appropriate legislation.
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Senate Concurrent Resolution No. 23Committee on Legislative Functions
FILE NUMBER 123
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to study legislative organization, procedures and operations and report recommendations to next regular session of legislature.
Whereas, The legislature of the State of Nevada is the crucible in which are forged the public policies of this state, affecting the lives of all of our citizens; and
Whereas, The legislature is the forum for the most direct expression of the will of the people and its successful functioning is vital to the preservation of popular sovereignty against encroachment and usurpation of authority and responsibility by agencies and units of government less immediately accountable to the public; and
κ1973 Statutes of Nevada, Page 1969 (FILE NUMBER 123, SCR 23)κ
preservation of popular sovereignty against encroachment and usurpation of authority and responsibility by agencies and units of government less immediately accountable to the public; and
Whereas, The State of Nevada is witnessing a dramatic growth in population, with an attendant demand for legislative consideration of increasingly complex social, economic and political issues; and
Whereas, An efficient and informed legislature is a critical prerequisite to the resolution of such problems; and
Whereas, The legislative branch requires the independent assessment capability provided by a professional service agency to generate the necessary informational base for the deliberation of public policy; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to study the organization, procedures and operation of the legislature and the legislative counsel bureau of the State of Nevada, and to report the results of that study and recommend any appropriate constitutional amendments, legislation or legislative rule changes to the 58th session of the legislature.
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Senate Concurrent Resolution No. 26Committee on Health, Welfare and State Institutions
FILE NUMBER 124
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to conduct a study of the feasibility of consolidating the administration of all welfare programs in the State of Nevada and report recommendations to the next regular session of the legislature.
Whereas, Welfare programs, services and facilities in the State of Nevada have become increasingly burdened due to the rapid and ever increasing growth in the states population; and
Whereas, Any program which is provided to qualified welfare recipients must be efficiently organized and administered in order to provide the most effective economic assistance; and
Whereas, These programs place an ever-increasing burden on the counties of this state which results in decreased efficiency in the administration of welfare programs throughout the state and leads to imbalanced and ineffective programs from well-intentioned but overlapping efforts; and
Whereas, Consideration should be given to the transfer of all jurisdiction and responsibility for the administration of welfare programs to the State of Nevada for the purpose of relieving the burdens on the several counties and consolidating the administration of welfare programs into one governmental unit; and
Whereas, The legislature recognizes the immediate need for a complete study to be conducted of the feasibility of such consolidation; now, therefore, be it
κ1973 Statutes of Nevada, Page 1970 (FILE NUMBER 124, SCR 26)κ
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to study welfare administration in the State of Nevada, including public assistance programs administered by the State of Nevada and the several general assistance programs administered in the various counties; and be it further
Resolved, That the legislative commission, with the assistance of such technical advice as may be required and provided by the department of health, welfare and rehabilitation and the various county departments engaged in the administration of welfare programs or other expert individuals, public agencies or private organizations in the field of welfare administration, shall:
1. Evaluate the existing administrative and organizational structure of the various welfare programs in the State of Nevada with regard to the efficient, economic and effective administration of a comprehensive and adequate program of economic assistance to qualified recipients; and
2. Examine the problems involved in and the advisability of reorganizing and realigning the administrative jurisdiction and authority of welfare programs in the State of Nevada by transferring those programs presently administered by the several counties to the state; and be it further
Resolved, That the legislative commission report the results of such study to the 58th session of the legislature and recommend appropriate legislation for the purpose of providing the most effective and efficient administration of welfare assistance in the State of Nevada.
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Senate Concurrent Resolution No. 34Committee on Legislative Functions
FILE NUMBER 125
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to supervise interim studies more closely and to require earlier completion of such studies.
Whereas, The legislative business of the people of the State of Nevada is conducted in considerable measure by means of appropriately designated and lawfully delegated study assignments between regular sessions of the legislature; and
Whereas, The scope of work undertaken and the quality of the reports and legislative recommendations emanating from such study assignments are directly linked to the planning, directing and coordinating of such assignments; and
Whereas, Exigencies of time and legislative counsel bureau resources make the continuous supervision of legislative commission interim studies an indispensable approach to responsible and thorough legislative investigation; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission maintains continuous supervision of its subcommittees in their various interim study assignments; and be it further
κ1973 Statutes of Nevada, Page 1971 (FILE NUMBER 125, SCR 34)κ
Resolved, That a coordinated use of legislative counsel bureau staff and resources be emphasized in order to provide a more systematic review of the programs and factual and legal background characteristic of the studies undertaken; and be it further
Resolved, That the legal division staff function, including the bill drafting recommended in each study assignment, be completed and submitted to the legislative commission, except for minor revision work, by September 1 of the year preceding each regular session; and be it further
Resolved, That the final report of each subcommittee be submitted to the legislative commission by December 1 of the year preceding each regular session.
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Senate Concurrent Resolution No. 40Committee on Taxation
FILE NUMBER 126
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to initiate and supervise a study of Nevada laws on tax exemptions granted to benevolent and charitable societies.
Whereas, Benevolent and charitable societies promote the general welfare by their multitudinous philanthropic activities; and
Whereas, Such endeavors are cloaked with a quasi-public character, relieving through private means the burden of taxation otherwise generated by extended public welfare services; and
Whereas, Such endeavors have historically been recognized for their intrinsic social worth through popular support and contributions; and
Whereas, The people of Nevada have further acknowledged the value of charitable societies by authorizing tax exemptions for such societies in the constitution of this state; and
Whereas, Pursuant to the constitutional authority to grant tax exemptions to charitable societies, the legislature has periodically exempted specific lodges and other charitable organizations from property taxation up to a maximum exemption of $5,000 of assessed valuation to any one lodge, society or organization, as set forth in NRS 361.135; and
Whereas, Certain inequities appear to exist in the present method of granting benevolent and charitable tax exemptions, and
Whereas, Persisting questions of uniformity and equity surrounding the constitutional intent to encourage the growth of benevolent and charitable societies merit further consideration; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to initiate and supervise a study of the laws of the State of Nevada relating to tax exemptions granted to benevolent and charitable societies, to be conducted by the staff of the legislative counsel bureau, and to report the results of such study and make recommendations for corrective revision of such laws to the 58th session of the legislature of the State of Nevada.
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κ1973 Statutes of Nevada, Page 1972κ
Assembly Joint Resolution No. 42Committee on Education
FILE NUMBER 127
ASSEMBLY JOINT RESOLUTIONMemorializing Congress to extend and increase federal funding for veterans nursing homes.
Whereas, The need for veterans nursing homes is particularly acute in the wake of the Vietnam conflict; and
Whereas, Such veterans nursing homes cannot feasibly be constructed and operated without the assistance of federal funds; and
Whereas, Senate Bill 59, currently pending before Congress, will extend P.L. 88-450 funding for veterans nursing homes as well as increase the amount of such funding; 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 hereby respectfully memorializes the Congress and President of the United States to approve Senate Bill 59 of the current session of Congress; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the President of the United States, the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives, all members of the Nevada congressional delegation, Senator Vance Hartke and Representative William J. Dorn.
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Assembly Joint Resolution No. 46Messrs. Bickerstaff, Fry, Lowman, Smalley, Ullom, Demers, McNeel, Bennett, Broadbent, Crawford, Craddock, May, Mrs. Brookman, Messrs. Vergiels, Ashworth and Bremner
FILE NUMBER 128
ASSEMBLY JOINT RESOLUTIONUrging the governor of the State of Nevada to proclaim that each future winner of the Miss Nevada Scholarship Pageant will serve as the official hostess of the State of Nevada.
Whereas, The Miss Nevada Scholarship Pageant has been conducted each year in Nevada since 1949 as the means of determining the young lady who will represent Nevada in the Miss America Pageant; and
Whereas, The Miss Nevada Scholarship Pageant is the oldest, best known and most respected contest of its kind in Nevada; and
Whereas, The Miss Nevada Scholarship Pageant, as an official state preliminary for the Miss America Pageant, is a component of the largest womens scholarship foundation in the world, has awarded more than $6,000,000 in scholarships since 1945 and is presently awarding $500,000 in scholarships annually at preliminary contests and at the Miss America Pageant; and
Whereas, The Miss Nevada Scholarship Pageant is operated with the intent of securing participants who are interested in pursuing their education and who are judged on the basis of the whole person, including talent, intelligence, poise and beauty to find a well-rounded young lady capable of representing Nevada; and
κ1973 Statutes of Nevada, Page 1973 (FILE NUMBER 128, AJR 46)κ
Whereas, These attributes upon which a winner of the pageant is chosen are identical to those which would be sought in a young lady to be official hostess for the State of Nevada; and
Whereas, It would be a great benefit to the State of Nevada to have an official hostess at appropriate public functions; 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 hereby urges the governor of the State of Nevada to proclaim that each future winner of the Miss Nevada Scholarship Pageant will serve as the official hostess of the State of Nevada; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the board of directors of the Miss Nevada Scholarship Pageant; and be it further
Resolved, That this resolution become effective upon passage and approval.
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Assembly Joint Resolution No. 49Committee on Environment and Public Resources
FILE NUMBER 129
ASSEMBLY JOINT RESOLUTIONMemorializing the Secretary of the Interior to promulgate certain regulations relating to the use of offroad vehicles on public lands
Whereas, The President issued Executive Order 11644 on February 8, 1972, directing federal land managing agencies to develop policies and procedures that would ensure that the use of offroad vehicles on public lands will be controlled and directed so as to protect the resources of those lands, to promote the safety of all users of those lands and to minimize conflicts among the various uses of those lands; and
Whereas, The Department of the Interior, Bureau of Land Management, published on February 14, 1973, in the Federal Register, proposed regulations to enforce Executive Order 11644; and
Whereas, The State of Nevada is 87 percent federally owned and the residents of this state have, historically, freely traveled over these lands for pleasure, inspiration and relaxation; now, therefore, be it
Resolved by the Assembly and the Senate of the State of Nevada, jointly, That the Secretary of the Interior is hereby memorialized to promulgate additional regulations which:
1. Require the Bureau of Land Management to provide for public hearings and explanations in convenient locations for local governments, people and users when a change in designation of an area is proposed;
2. Require the Bureau of Land Management to contract with the various counties for law enforcement services similar to Forest Service authority under P.L. 90-82 passed on August 10, 1971; and
3. Require coordination of policies and procedures among all federal land managing agencies controlling adjacent areas; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the members of the Nevada congressional delegation, the Secretary of the Interior, the Secretary of Agriculture, the Director of the Bureau of Land Management and the Chief of the United States Forest Service.
κ1973 Statutes of Nevada, Page 1974 (FILE NUMBER 129, AJR 49)κ
forthwith by the legislative counsel to the members of the Nevada congressional delegation, the Secretary of the Interior, the Secretary of Agriculture, the Director of the Bureau of Land Management and the Chief of the United States Forest Service.
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Assembly Joint Resolution No. 43Messrs. Wittenberg, Barengo, Bremner, Dreyer, Mesdames Ford, Gojack, Messrs. Huff, Capurro, Crawford, Bennett, Smith, Young, Ullom, Craddock, Robinson, Howard, Glover, Getto, Hickey, Vergiels, Bickerstaff, Banner, Hafen, Torvinen, Demers, Hayes, May, Prince, Smalley, Jacobsen, Mrs. Brookman, Mr. Mello, Miss Foote, Messrs. Fry, Lowman, Dini, Broadbent and McNeel
FILE NUMBER 130
ASSEMBLY JOINT RESOLUTIONMemorializing the President and the Civil Aeronautics Board to authorize competitive commercial air service between Las Vegas and Reno.
Whereas, Nevada is a rapidly growing state; and
Whereas, There is a tremendous amount of commerce between the northern and southern regions of our great state; and
Whereas, There is now only one commercial carrier serving the air route between Las Vegas and Reno; and
Whereas, Competition often results in improved service; 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 hereby respectfully memorializes the President of the United States and the Civil Aeronautics Board to authorize competitive commercial air service between Las Vegas and Reno, Nevada; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the President of the United States, the Chairman of the Civil Aeronautics Board and to all members of the Nevada congressional delegation.
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Senate Concurrent Resolution No. 29Senators Hecht, Drakulich, Foley, Wilson, Herr, Raggio, Young, Echols, Dodge and Walker
FILE NUMBER 131
SENATE CONCURRENT RESOLUTIONRequesting the governor to appoint a committee from Clark County and a committee from Washoe County to make comprehensive studies of the need, feasibility and financing of multiuse community recreation and sports facilities for the respective counties and directing the committees to report to the next session of the legislature.
Whereas, The rapid growth of population and increased use of all recreation, sports and convention facilities in Clark and Washoe counties has made it impossible or impracticable for universities, public schools and county and city recreation departments to schedule certain events and programs in the facilities; and
κ1973 Statutes of Nevada, Page 1975 (FILE NUMBER 131, SCR 29)κ
and county and city recreation departments to schedule certain events and programs in the facilities; and
Whereas, Convention authorities, universities, public school officials and recreation departments recognize the need for a large multiuse community recreation and sports facility in both Clark and Washoe counties; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring That the governor is requested to appoint a committee from Clark County and a committee from Washoe County to make comprehensive studies of the need, feasibility and financing of multiuse community recreation and sports facilities for the respective counties; that the committees shall be composed of not less than seven nor more than 11 members to be apopinted from representatives of county and city governments, universities, school districts, convention authorities, the resort industry and the business and financial communities of the respective counties; and that each committee shall report the results of its study to the 58th session of the Nevada legislature; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to the governor.
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