[Rev. 2/28/2019 12:10:31 PM]
RESOLUTIONS AND MEMORIALS
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ê1975 Statutes of Nevada, Page 1855ê
RESOLUTIONS AND MEMORIALS
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Assembly Resolution No. 1–Committee on Legislative Functions
FILE NUMBER 1
ASSEMBLY RESOLUTION–Providing 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 58th session of the legislature of the State of Nevada: Carol Moore, Pauline Topken, Amy Phelps, Muriel McLean, Steve Pozzi, Phil Buckheart, Dale Bullock, Colleen O’Connell, Jim Canonic, Marion Burnham, Beth Quilici, Michele Boyer, Barbara Gomez, Joan Anderson, Phyllis Berkson, Jane Dunne, Jill Fischetti, Sandy Gagnier, Camille Lee, Heather McConomy, Flora L. Miller, LaDonna Moore, Kimberly Morgan, Virginia Pace, Martha Laffel, Harold Berger, John Supera, Bill Furlong, LaVelle Johnson, Juanita Andrews, Silvia Cambell, Elaine Carlyon, Charles Daniels, Sally Dunfield, Gladys Hart, Minnie Inzer, Stella Liddicoat, Laverna Marwin, Helen Mattheu, Darleen Shaw, Virginia Shure, Mark Stevens, Al Teixiera, Kevin Cahill and Agnes Nelson.
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Senate Resolution No. 2–Senators Monroe and Brown
FILE NUMBER 2
SENATE RESOLUTION–Adopting Joint Standing Rules and Standing Rules for the senate of the Nevada legislature for the 58th regular session.
Resolved by the Senate of the State of Nevada, That the Joint Standing Rules of the senate of the 57th session be adopted by the senate of the 58th session; and be it further
Resolved, That Standing Rules 1 to 32, inclusive, and 41 to 140, inclusive, of the senate of the 57th session, as amended, be adopted by the senate of the 58th session; and be it further
Resolved, That the following rule designated Standing Rule 40 also be adopted as a standing rule of the senate of the 58th session:
40
STANDING COMMITTEES
Standing committees of the Senate shall be as follows:
1. Commerce and Labor, seven members.
2. Environment and Public Records, seven members.
3. Education, seven members.
4. Government Affairs, seven members.
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ê1975 Statutes of Nevada, Page 1856 (FILE NUMBER 2, SR 2)ê
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.
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Senate Resolution No. 3–Senators Monroe and Brown
FILE NUMBER 3
SENATE RESOLUTION–Providing for the appointment of senate attaches.
Resolved by the Senate of the State of Nevada, That the following-named persons be, and they hereby are, elected as attaches of the senate for the 58th session of the legislature of the State of Nevada: Judy Ahlstrom, Katherine Harrington, Felicita Young, Nykki Kinsley, Dean Miller, Ken Tedford, Jr., Gary Milliken, Molly Torvik, Lucille Fischer, Kris Zohner, Janice Peck, Sharon Maher, Shelba Wooley, Cheri Kinsley, Genevieve Cronin, Silva Maness, Gertrude Hillygus, Winifred Slade, Cecilia Andrews, Margaret Kimball, Sherry Evans and Kelly Byers.
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Assembly Resolution No. 2–Committee on Ways and Means
FILE NUMBER 4
ASSEMBLY RESOLUTION–Provides 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.
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ê1975 Statutes of Nevada, Page 1857ê
Assembly Resolution No. 3–Committee on Legislative Functions
FILE NUMBER 5
ASSEMBLY RESOLUTION–Amending Standing Rules 10 and 40 for the 58th regular session of the legislature.
Resolved by the Assembly of the State of Nevada, That Assembly Standing Rules 10 and 40 be, and they hereby are, amended to read as follows:
10
TIME OF MEETING
The Assembly shall meet each day at [10 a.m.,] 11 a.m., unless the Assembly adjourns to some other hour.
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] 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.] There shall be no more than two members of the minority political party on a standing committee.
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Assembly Resolution No. 4–Committee on Legislative Functions
FILE NUMBER 6
ASSEMBLY RESOLUTION–Providing for the appointment of additional assembly attaches.
Resolved by the Assembly of the State of Nevada, That the following persons be, and they hereby are, elected as additional attaches of the assembly for the 58th session of the legislature of the State of Nevada: Jane Lambe and Marlene Andreasen.
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ê1975 Statutes of Nevada, Page 1858 (FILE NUMBER 6, AR 4)ê
assembly for the 58th session of the legislature of the State of Nevada: Jane Lambe and Marlene Andreasen.
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Senate Resolution No. 4–Committee on Finance
FILE NUMBER 7
SENATE RESOLUTION–Providing an allowance for each member of the senate for periodicals, stamps and stationery; rescinding Senate Resolution 1 of the 58th session.
Resolved by the Senate of the State of Nevada, That the sum to be allowed each member 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; and be it further
Resolved, That Senate Resolution 1 of the 58th session be and hereby is rescinded.
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Assembly Resolution No. 5–Committee on Legislative Functions
FILE NUMBER 8
ASSEMBLY RESOLUTION–Appointing additional assembly attaches.
Resolved by the Assembly of the State of Nevada, That the following persons are hereby elected as additional attaches of the assembly for the 58th session of the legislature of the State of Nevada: James G. Miller, William P. Roberts and Eugene C. Smith.
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Assembly Concurrent Resolution No. 3–Assemblymen Lowman, Ashworth, Harmon, Vergiels, Dini, Bennett, Polish, Hickey, Wagner, Schofield, Chaney, Craddock, Sena, Jeffrey, Price, Benkovich, Jacobsen, Hayes, Weise, Dreyer, Brookman, Bremner, Howard, Glover, Wittenberg, Barengo, Moody, May, Mann, Heaney, Young, Murphy, Demers, Christensen, Robinson, Coulter, Getto, Mello, Banner and Ford
FILE NUMBER 9
ASSEMBLY CONCURRENT RESOLUTION–Designating Nevada Boy Scout Day to be February 3, 1975.
Whereas, On February 8, 1910, following a visit to England where he met Sir Robert Baden-Powell, founder of the Scouting movement, William D.
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ê1975 Statutes of Nevada, Page 1859 (FILE NUMBER 9, ACR 3)ê
William D. Boyce, a Chicago publisher, founded the Boy Scouts of America; and
Whereas, The Boy Scouts of America have designated February 3, 1975, as Boy Scout Day in commemoration of the 65th Anniversary of the founding of the Boy Scouts of America; and
Whereas, On this day, February 3, 1975, 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 the high ideals and principles of integrity and good character inherent in the Boy Scout Law; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That February 3, 1975, 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 of the Boy Scouts of America.
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Senate Resolution No. 5–Committee on Legislative Functions
FILE NUMBER 10
SENATE RESOLUTION–Providing for the appointment of additional senate attaches.
Resolved by the Senate of the State of Nevada, That the following named persons be, and they hereby are, elected as attaches of the senate for the 58th session of the legislature of the State of Nevada: Donald L. Fowler, Marlene G. Smiley, Stephanie Buier and Betty Patola.
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Assembly Concurrent Resolution No. 4–Assemblymen Brookman, Bennett, Chaney, Murphy, Hayes, Young, Dreyer, Weise, Howard, Harmon, Lowman, Glover, Mann, May, Mello, Benkovich, Jacobsen, Hickey, Polish, Bremner, Barengo, Schofield, Wagner, Heaney, Christensen, Sena, Craddock, Coulter, Price, Getto, Robinson, Vergiels, Jeffrey, Demers, Wittenberg, Dini, Ford, Moody, Ashworth and Banner
FILE NUMBER 11
ASSEMBLY CONCURRENT RESOLUTION–Commemorating National Negro History Week.
Whereas, The week of February 9-15, 1975, has been designated National Negro History Week; and
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ê1975 Statutes of Nevada, Page 1860 (FILE NUMBER 11, ACR 4)ê
Whereas, The annual celebration of Negro History Week serves as a reminder of the significant contributions of Black people to the world and to our nation, in spite of overwhelming obstacles placed in their paths; and
Whereas, This week should be set aside for the recognition of achievement by the Black race in all areas of our society; and
Whereas, Saluting National Negro History Week is particularly appropriate in light of the upcoming bicentennial celebration for our nation; 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.
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Assembly Concurrent Resolution No. 1–Assemblymen Mann, Hayes, Craddock, Jeffrey, Moody, Sena, Price, Schofield, Lowman, Harmon, Heaney, Banner, May, Polish, Dini, Ford, Vergiels, Young, Benkovich, Christensen, Coulter, Hickey, Wagner, Mello, Robinson and Dreyer
FILE NUMBER 12
ASSEMBLY CONCURRENT RESOLUTION–Directing that a committee composed of three members of the Assembly and three members of the Senate be appointed to study the problem concerning medical liability insurance in Nevada and to report their findings to the 58th session of the legislature by March 17, 1975.
Whereas, Nevada physicians have experienced difficulty over the past several years in obtaining medical liability insurance coverage; and
Whereas, Within the past year many insurance companies which had previously written medical liability insurance coverage have either ceased business operations or stopped writing such coverage for Nevada physicians; and
Whereas, Only two major insurance carriers in Nevada are presently writing medical liability insurance coverage; and
Whereas, One carrier has indicated an unwillingness to write new policies in Nevada and the other major carrier has projected a 300 percent rate increase which, in effect, mandates that physicians in high risk categories pay as much as $18,000 per year for medical liability insurance coverage; and
Whereas, There exists the grave possibility that physicians in Nevada will be unable to obtain medical liability insurance coverage at any cost in the near future, with resulting impairment or possible cessation of medical care to Nevadans; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That a committee composed of three members of the Assembly to be appointed by the Speaker, two from the majority political party and one from the minority political party, and three members of the Senate to be appointed by the President of the Senate, two from the majority political party and one from the minority political party, is hereby directed to study all aspects of the medical liability insurance problem in Nevada and submit appropriate recommendations and suggested legislation to the 58th session of the Nevada legislature prior to March 17, 1975; and be it further
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ê1975 Statutes of Nevada, Page 1861 (FILE NUMBER 12, ACR 1)ê
study all aspects of the medical liability insurance problem in Nevada and submit appropriate recommendations and suggested legislation to the 58th session of the Nevada legislature prior to March 17, 1975; and be it further
Resolved, That the committee fully utilize the expertise of the commissioner of insurance and members of the medical profession to reach as expeditiously as possible a remedial solution to this dilemma.
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Assembly Concurrent Resolution No. 5–Assemblymen Dini and Jacobsen
FILE NUMBER 13
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late rancher, public servant and distinguished Nevadan, Norman D. Brown.
Whereas, The legislature of the State of Nevada notes with great sorrow the recent passing on October 31, 1974, of Norman D. Brown; and
Whereas, Norman D. Brown was born on May 23, 1900, in Gardnerville to a pioneer Nevada family; and
Whereas, Mr. Brown has served Smith Valley through his role in the creation of the Smith Valley Protection District and the Smith Valley Soil Conservation District; and
Whereas, Mr. Brown has served all the citizens of Nevada in numerous capacities including service on the Nevada tax commission from 1947 to 1959, the Nevada gaming commission from 1959 until his retirement in 1973, as a director of the Nevada state museum and as a member of the Interstate Water Compact Commission; and
Whereas, Mr. Brown contributed his time and talents to other civic and business organizations in the state including service as president of the Nevada State Cattlemen’s Association, vice president of the Federal Land Bank Association of Reno, director of the First National Bank of Nevada, member of the advisory board of the college of agriculture, University of Nevada, Reno; and
Whereas, Mr. Brown manifested his concern for the land and historical heritage of Nevada as a member of the Nevada Reclamation Association, the Virginia City Historical Association and the Carson Valley Historical Society; and
Whereas, Mr. Brown showed his interest in the youth of Nevada by his work for the Boy Scouts of America which awarded him its Silver Beaver Award; and
Whereas, The University of Nevada in its centennial year recognized these and other accomplishments of Norman D. Brown when it named him a “Distinguished Nevadan”; now, therefor, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 58th session of the Nevada legislature pay tribute to Norman D. Brown and express their sincere and deep sorrow to the surviving family of the late Mr. Norman D. Brown; and be it further
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ê1975 Statutes of Nevada, Page 1862 (FILE NUMBER 13, ACR 5)ê
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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Senate Resolution No. 6–Committee on Legislative Functions
FILE NUMBER 14
SENATE RESOLUTION–Authorizing 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 proper claims are filed with the director of the legislative counsel bureau from time to time 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 58th session of the legislature.
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Assembly Concurrent Resolution No. 7–Assemblymen Getto, Lowman, Weise, Jacobsen, Wagner, Young, Howard, Ford, Benkovich, Ashworth, Hayes, Demers, Sena, Banner, Mann, Barengo, Polish, Jeffrey, Robinson, Heaney, Vergiels, Brookman, Mello, Dini, Dreyer, Wittenberg, Schofield, May, Bennett, Craddock, Moody, Bremner, Glover, Murphy, Christensen, Harmon, Price, Coulter, Hickey and Chaney
FILE NUMBER 15
ASSEMBLY CONCURRENT RESOLUTION–Commemorating the birthday of Abraham Lincoln.
Whereas, February 12, 1975, is the 166th anniversary of the birth of Abraham Lincoln, 16th president of the United States; and
Whereas, The life of Abraham Lincoln is the story of man’s ability to overcome hardship, deprivation, failure and personal criticism and go on to attain great power and responsibility; and
Whereas, Abraham Lincoln accepted the responsibilities of the office of President of the United States at the time of the greatest peril to the existence of the Republic; and
Whereas, Through extraordinary forbearance, tenacity and skill, Abraham Lincoln ensured the preservation of the union and the extension of the rights of equality under the law to all, regardless of race; and
Whereas, The State of Nevada gained its statehood during the presidency of Abraham Lincoln and gave its strong support to the cause for which he struggled; and
Whereas, The accomplishments of his tragically abridged presidency guarantee his place as one of our greatest presidents; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the adjournment of the Assembly and the Senate on February 12, 1975, be occasions to honor the memory of Abraham Lincoln, and that the presiding officer of each house shall so announce upon adjournment on that day.
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ê1975 Statutes of Nevada, Page 1863 (FILE NUMBER 15, ACR 7)ê
and that the presiding officer of each house shall so announce upon adjournment on that day.
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Assembly Concurrent Resolution No. 6–Assemblymen Lowman and Wittenberg
FILE NUMBER 16
ASSEMBLY CONCURRENT RESOLUTION–Commending Kiwanis International and designating Kiwanis Club Day to be February 13, 1975.
Whereas, Kiwanis International was organized in 1915 and chose for its name an Indian word meaning self-expression; and
Whereas, The purpose of the Kiwanis Club is to promote high social, business and professional standards and to foster intelligent, aggressive and serviceable citizenship; and
Whereas, In order to fulfill these goals, Kiwanis International has established a Major Emphasis Program, which singles out each year a particular area of need to be stressed by Kiwanis clubs in their service efforts; and
Whereas, In 1973 the Major Emphasis Program concentrated on the problem of drug abuse and in 1974–1975 concerns learning disabilities of the young and problems of senior citizens; and
Whereas, The Kiwanis Club has a long history of service to the community, of care for the disadvantaged, and of friendship for people of other nations; and
Whereas, Kiwanis Club members are engaged in personal service to enrich the lives of people of all ages; and
Whereas, On this day, February 13, 1975, Nevada Kiwanians are visiting with the Nevada state legislature; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That Kiwanis International be commended for their outstanding contributions to the people of Nevada and to the nation; and be it further
Resolved, That February 13, 1975, be declared to be Kiwanis Club Day; and be it further
Resolved, That copies of this resolution be transmitted by the legislative counsel to the lieutenant governors of the three divisions of Kiwanis in Nevada.
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Assembly Resolution No. 10–Committee on Legislative Functions
FILE NUMBER 17
ASSEMBLY RESOLUTION–Providing for the appointment of an additional assembly attache.
Resolved by the Assembly of the State of Nevada, That the following person be, and she hereby is, elected as an additional attache of the assembly for the 58th session of the legislature of the State of Nevada: Edna Agust.
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ê1975 Statutes of Nevada, Page 1864 (FILE NUMBER 17, AR 10)ê
assembly for the 58th session of the legislature of the State of Nevada: Edna Agust.
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Senate Concurrent Resolution No. 3–Senator Sheerin
FILE NUMBER 18
SENATE CONCURRENT RESOLUTION–Memorializing the late Father John O’Connor.
Whereas, The legislature of the State of Nevada shares with the people of this state a sense of loss at the death of Father John O’Connor; and
Whereas, Father O’Connor, both May 14, 1909, in Kilworth, County Cork, Ireland, served in the Diocese of Reno from October 1, 1949, until 1973; and
Whereas, Father O’Conner served the Diocese of Reno and the people of Nevada in Reno, Empire, Gerlach, Lovelock, Las Vegas, Elko and in Carson City and was loved and respected throughout this state; and
Whereas, Father O’Connor served the legislature as Chaplain to the Senate, providing the members of that body with inspiration; and
Whereas, Father O’Connor, through his self-sacrifice and tireless endeavor, contributed to the furtherance of Christianity in Nevada; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 58th 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 Father John O’Connor; and be it further
Resolved, That a copy of this resolution be prepared by the legislative counsel and transmitted forthwith to the family of the deceased, directed to his brother, Mr. Patrick O’Connor.
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Assembly Resolution No. 19–Committee on Legislative Functions
FILE NUMBER 19
Assembly Resolution–Memorializing George Washington, the first President of the United States on the anniversary of his birth.
Whereas, February 22, 1975, is the two hundred and forty-third anniversary of the birth of George Washington in Westmoreland County, Virginia; and
Whereas, George Washington’s life reflects the virtues most valued in men including courage, integrity, good judgment, magnanimity and the ability to lead; and
Whereas, George Washington, more than any other person, made an independent and democratic United States of America possible; and
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ê1975 Statutes of Nevada, Page 1865 (FILE NUMBER 19, AR 19)ê
Whereas, George Washington was that rare person who was a great leader in war and in peace; and
Whereas, George Washington saw a basic truth that contributed to our greatness as a nation which was that the means by which a young nation advances are as important as the ends which it pursues; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That when this body adjourns today it do so in the memory of George Washington, a great president, a great American and a great man.
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Senate Joint Resolution No. 2–Senator Monroe
FILE NUMBER 20
SENATE JOINT RESOLUTION–Expressing concern of the legislature over, and requesting the President of the United States to rescind, the decision of the Office of Management and Budget which withholds further funding of the railroad relocation project in Elko, Nevada.
Whereas, The City of Elko, Nevada, has in good faith launched upon a project for relocation of the Southern Pacific and Western Pacific railroad tracks, both of which traverse the central business section of the city, requiring 17 railroad crossings within the city; and
Whereas, The Congress of the United States appropriated $1,700,000 for the project which made it possible for work to be started and for contracts to be signed for completing the preliminary phases of the project; and
Whereas, This project is important not only because of the great promise it holds for the saving of human lives and the prevention of destruction of property but also because it has been selected as one of several projects of a similar nature in the United States for the purpose of determining the feasibility of eliminating hazardous railroad crossings and establishing a pattern of procedure which might be followed by all other communities in undertaking similar projects; and
Whereas, Launching of the project in Elko has caused certain residents of the city to contract and obligate themselves and their establishments for personnel and equipment for the purpose of undertaking both the preliminary work and later phases of the project and they stand to suffer losses and great inconvenience if this project, which was launched with every reason to believe that Congressionally-approved federal assistance would be forthcoming, is brought to a sudden and unanticipated halt; and
Whereas, The State of Nevada and the City of Elko have expended a great deal of time and money which will be wasted if this project is not carried forward; and
Whereas, The Federal Government, in an effort to provide jobs for our rapidly increasing numbers of unemployed, has launched upon a program of federally assisted emergency employment in the public sector, much of which will be productive of questionable benefits; and
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ê1975 Statutes of Nevada, Page 1866 (FILE NUMBER 20, SJR 2)ê
Whereas, The Elko railroad crossing elimination project and those similar projects in other communities included in this worthwhile government program will provide useful and beneficial employment to many hundreds of persons; and
Whereas, Delaying this project for any length of time will result in complicating certain community developments, and this fact plus continuing inflation will result in far greater cost to the taxpayers if this project is undertaken in later years; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Nevada legislature hereby communicates to the President of the United States its concern over the decisions of the Office of Management and Budget and the secretaries of the various agencies involved to withhold any further funding for the relocation of railroad tracts in the City of Elko, Nevada, and similar projects in other communities, except as to obligations which have been contracted for and must be paid by the various federal, state and local agencies involved, and requests that the decisions be reconsidered and that authority to proceed with these projects be immediately granted to the affected communities in accordance with the intent of Congress and the promises made in good faith to all concerned; and be it further
Resolved, That Nevada Senators Howard Cannon and Paul Laxalt and Congressman James Santini are requested to make a joint strenuous effort to have the project in Elko and similar projects carried forward; and be it further
Resolved, That true copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the President of the United States, the Congressional delegation of the State of Nevada and the Secretary of the Department of Transportation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Senate Concurrent Resolution No. 2–Committee on Legislative Functions
FILE NUMBER 21
SENATE CONCURRENT RESOLUTION–Authorizing expenditure of up to $1,000 from the legislative fund for certain expenses in connection with joint hearings of legislative standing committees held outside Carson City.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That expenditures of up to $1,000 from the legislative fund be authorized for the purpose of covering senate and assembly expenses for staff and arrangements in connection with joint hearings of the standing committees of the 58th session of the legislature held outside Carson City; and be it further
Resolved, That such expenditures be made only on the approval of the chairmen of the legislative functions committees of the senate and assembly.
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ê1975 Statutes of Nevada, Page 1867ê
Assembly Joint Resolution No. 1 of the 57th Session–Mr. Dreyer
FILE NUMBER 22
[On ballot 1976]
ASSEMBLY JOINT RESOLUTION–Proposing 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 of the State of Nevada be amended to read as follows:
Section 1. All citizens of the United States (not laboring under the disabilities named in this constitution) of the age of 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.
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Assembly Concurrent Resolution No. 20–Assemblyman Getto
FILE NUMBER 23
ASSEMBLY CONCURRENT RESOLUTION–Honoring the Future Farmers of America in Nevada.
Whereas, The Future Farmers of America have, for forty-seven years, contributed to the development of young leaders in agriculture, and built character and citizenship and inspired cooperation; and
Whereas, The FFA is the national organization for students studying vocational agriculture in our public schools who are preparing for a variety of exciting careers in the complex of production agriculture and agribusiness; and
Whereas, The FFA and vocational agriculture provides these young men and women in agriculture a chance to grow personally and professionally and creates the atmosphere in which they can grow and become responsible leaders for agriculture; and
Whereas, Students who emerge from this time-proven growth program have developed as effective leaders, sensible decisionmakers, creative personalities, morally upright citizens and confident individuals ready for life; and
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ê1975 Statutes of Nevada, Page 1868 (FILE NUMBER 23, ACR 20)ê
Whereas, Many Nevada FFA members have received national recognition in the foundation awards program and chapter awards programs, have served as national officers and have distinguished themselves in many different careers; and
Whereas, All of the Nevada FFA chapters are joining some 8,000 chapters and over 450,000 members in the United States observing National FFA Week; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature of the State of Nevada does hereby recognize and honor the Nevada chapters and members of the Future Farmers of America.
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Senate Joint Resolution No. 4–Senators Lamb, Blakemore, Brown, Bryan, Dodge, Echols, Foote, Gibson, Gojack, Hilbrecht, Monroe, Neal, Raggio, Schofield, Sheerin, Walker, Wilson and Young
FILE NUMBER 24
SENATE JOINT RESOLUTION–Memorializing the Congress of the United States to provide a program of low interest, long-term loans to livestock producers.
Whereas, Farmers and ranchers throughout the nation have experienced and are experiencing disastrous market conditions for the sale of livestock; and
Whereas, The costs of raising livestock is exceeding the market price for livestock; and
Whereas, The livestock industry is critical to maintaining balanced and nutritious diets for all Americans and for contributing to the strong position of the United States as an agricultural exporter; and
Whereas, The Emergency Livestock Credit Act of 1974 (P.L. 93-357) is a loan guarantee program in which loans must still be obtained at the current high interest rates; and
Whereas, That 1974 act is narrowly drawn and only a minority of livestock producers are eligible for assistance under it; and
Whereas, The crisis in the livestock industry is beyond the capability of conventional lenders to remedy; now, therefore, be it
Resolved by the Senate and the Assembly of the State of Nevada, jointly, That the legislature of the State of Nevada hereby respectfully memorializes the Congress of the United States to establish a program of emergency loans for livestock producers; and be it further
Resolved, That such program should provide for low-interest, long-term loans to enable livestock producers to financially exist through the cyclical slumps in the livestock market; 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.
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ê1975 Statutes of Nevada, Page 1869ê
Assembly Concurrent Resolution No. 21–Committee on Ways and Means
FILE NUMBER 25
ASSEMBLY CONCURRENT RESOLUTION–Authorizing expenditures from the legislative fund to pay expenses of making arrangements and paying the staff when assembly standing committee hearings are held outside Carson City.
Whereas, The assembly standing committees hold public hearings on bills and other matters of high public interest; and
Whereas, These public hearings offer an opportunity for persons wishing to address the committees to be heard; and
Whereas, It is sometimes necessary to conduct certain public hearings outside Carson City in order to receive testimony from witnesses who are unable to be in Carson City; and
Whereas, There are certain costs incurred by the committees when public hearings are held outside Carson City; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That expenditures of not more than $1,000 from the legislative fund are hereby authorized for the purpose of paying the travel expenses and subsistence of staff members and arrangements in connection with assembly standing committee public hearings held outside Carson City; and be it further
Resolved, That such expenditures be made only with the approval of the assembly committee on legislative functions.
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Senate Concurrent Resolution No. 5–Senator Monroe
FILE NUMBER 26
SENATE CONCURRENT RESOLUTION–Memorializing the late C. W. “Rusty” Walters.
Whereas, Nevada has lost a loyal and devoted public servant with the death of C. W. “Rusty” Walters; and
Whereas, “Rusty” was born in Newhall, California; and
Whereas, “Rusty” served the State of Nevada, as a law enforcement officer with the Elko police department, the Washoe County sheriff’s department, the Carlin police department and the Nevada Youth Training Center; and
Whereas, Patrolman Walters is the first member of the Elko police department to have been killed in the line of duty; and
Whereas, C. W. “Rusty” Walters devoted his enthusiasm and energy to law enforcement and to the State of Nevada; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the Nevada legislature pay tribute to the memory of a devoted officer of the law, C. W. “Rusty” Walters, and extend their condolences to his family; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to his widow and surviving family.
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ê1975 Statutes of Nevada, Page 1870ê
Assembly Joint Resolution No. 10 of the 57th Session–Messrs. Hickey, Hayes, Demers and May
FILE NUMBER 27
[On ballot 1976]
ASSEMBLY JOINT RESOLUTION–Proposing 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 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 Joint Resolution No. 8–Assemblymen Banner, Sena, Coulter, Hayes, Brookman, Heaney, Demers, Schofield, Bennett, Christensen, Wagner, Harmon, May, Murphy, Jeffrey, Price, Ashworth, Bremner, Dreyer, Mann, Chaney, Craddock, Robinson, Lowman, Vergiels, Mello, Benkovich, Hickey and Ford
FILE NUMBER 28
ASSEMBLY JOINT RESOLUTION–Memorializing the President of the United States and Congress to implement and enforce existing federal laws dealing with the problem of illegal aliens and to adopt new remedial legislation such as H.R. 982 of the 93d Congress.
Whereas, The presence within the United States of illegal aliens in numbers of inordinate magnitude constitutes a significant continuing negative factor in this great nation’s economy; and
Whereas, Large numbers of unemployed Americans are unable to obtain gainful employment as a direct consequence of jobs occupied by illegal aliens within the United States; and
Whereas, The illegal alien problem is no longer a regional problem concerning only western and southwestern agriculture but is now adversely affecting the economy of the entire nation; and
Whereas, The Immigration and Naturalization Service of the United States Department of Justice is deficient in the manpower and funding needed to combat this nationwide problem; and
Whereas, Existing federal law seemingly condones employment of illegal aliens in that knowing employment of illegal aliens does not constitute harboring and thus is not expressly proscribed; and
Whereas, H.R. 982, introduced in the 93d Congress by Congressman Peter Rodino, constitutes the type of remedial legislation that will, if adopted, greatly ameliorate this problem, which is contributing in substantial part to our national unemployment figure; now, therefore, be it
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ê1975 Statutes of Nevada, Page 1871 (FILE NUMBER 28, AJR 8)ê
adopted, greatly ameliorate this problem, which is contributing in substantial part to our national unemployment figure; 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 President of the United States and the Congress of the United States to commence immediate steps to provide adequate moneys for, and to authorize sufficient augmentation of the manpower of, the Immigration and Naturalization Service of the United States Department of Justice, so that the problem of existing and potential damage to our national economy caused by the presence of illegal aliens in the United States may be successfully combated, and to adopt additional remedial legislation such as H.R. 982 of the 93d 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, 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.
__________
Assembly Concurrent Resolution No. 17–Assemblymen Wittenberg, Mello, Ashworth, Banner, Barengo, Benkovich, Bennett, Bremner, Brookman, Chaney, Christensen, Coulter, Craddock, Demers, Dini, Dreyer, Ford, Getto, Glover, Harmon, Hayes, Heaney, Hickey, Howard, Jacobsen, Jeffrey, Lowman, Mann, May, Moody, Murphy, Polish, Price, Robinson, Schofield, Sena, Vergiels, Wagner, Weise and Young
FILE NUMBER 29
ASSEMBLY CONCURRENT RESOLUTION–Designating February 26, 1975, as PTA Day.
Whereas, The Parent-Teacher Association in Nevada and in the United States has for many years served as a forum for educators and parents to discuss both formal and informal methods of improving the quality of education for children and youth; and
Whereas, Cooperation between home and school is vital to the success of all physical, mental, social and spiritual training; and
Whereas, The PTA has taken the initiative in many instances to create libraries and improve school facilities and grounds; and
Whereas, The PTA has supported legislation to foster better care and protection for children and youth; and
Whereas, The PTA has always stood firm in its support for high standards in education and has imparted to the community 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 designates February 26, 1975, as PTA Day and cordially welcomes PTA officers and members to the legislative chambers; and be it further
Resolved, That the legislative counsel transmit copies of this resolution forthwith to the National Congress of Parent-Teacher Associations and to the president of the Nevada State Parent-Teacher Association, Mrs.
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ê1975 Statutes of Nevada, Page 1872 (FILE NUMBER 29, ACR 17)ê
forthwith to the National Congress of Parent-Teacher Associations and to the president of the Nevada State Parent-Teacher Association, Mrs. Connie Larsen.
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Assembly Joint Resolution No. 14 of the 57th Session–Messrs. Torvinen, Fry and Lowman
FILE NUMBER 30
[On ballot 1976]
ASSEMBLY JOINT RESOLUTION–Proposing 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.
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.
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ê1975 Statutes of Nevada, Page 1873 (FILE NUMBER 30, AJR 14 of the 57th Session)ê
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.
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. 15 of the 57th Session–Messrs. Fry, Torvinen and Lowman
FILE NUMBER 31
[Recalled by A.C.R. 35–No further action taken]
ASSEMBLY JOINT RESOLUTION–Proposing 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 court’s 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:
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ê1975 Statutes of Nevada, Page 1874 (FILE NUMBER 31, AJR 15 of the 57th Session)ê
[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. 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.
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ê1975 Statutes of Nevada, Page 1875 (FILE NUMBER 31, AJR 15 of the 57th Session)ê
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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Senate Resolution No. 16–Committee on Legislative Functions
FILE NUMBER 32
SENATE RESOLUTION–Providing for the appointment of senate attaches.
Resolved by the Senate of the State of Nevada, That the following named persons are hereby elected as additional attaches of the senate for the 58th session of the legislature of the State of Nevada: Beth Quilici and Jessie M. Wilbur.
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Senate Concurrent Resolution No. 7–Senators Blakemore, Brown, Gibson, Monroe, Herr, Dodge and Lamb
FILE NUMBER 33
SENATE CONCURRENT RESOLUTION–Memorializing the late Farrell L. Seevers.
Whereas, Farrell L. Seevers served Nevada for many years both as a public official and as a private citizen; and
Whereas, He was born in Salt Lake City, Utah, in 1907, lived in Nevada for 40 years, resided in Hawthorne prior to his death; and
Whereas, He was an active businessman, serving as Standard Oil distributor and the Nevada distributor for Packard cars; and
Whereas, He belonged to many civic and social organizations such as Scottish Rite Bodies, Kerak Temple of the Shrine, Hawthorne Lions Club and the Mineral County American Legion; and
Whereas, He selflessly served his country during World War II in the United States Navy; and
Whereas, He was a Mineral County commissioner for 7 1/2 years; and
Whereas, He loyally served his state as a state assemblyman from 1951 to 1953 and as a state senator from 1953 to 1959; and
Whereas, He was an active participant in his party, serving as county chairman of the Democratic Party, as a member of the State Central Committee, and as a delegate to national Democratic party conventions; now, therefore, be it
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 well-loved citizen and servant of Nevada, Farrell L. Seevers; 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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ê1975 Statutes of Nevada, Page 1876ê
Assembly Resolution No. 18–Committee on Legislative Functions
FILE NUMBER 34
ASSEMBLY RESOLUTION–Amending Assembly Standing Rule 32 for the 58th regular session of the legislature.
Resolved by the Assembly of the State of Nevada, That Assembly Standing Rule 32 be, and it hereby is, amended to read as follows:
32
Announcement of the Vote.
1. A member may change his vote at any time before the announcement of the vote if the voting is by voice, or at any time before the votes are electronically recorded if the voting is conducted electronically.
2. The announcement of the result of any vote shall not be postponed.
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Assembly Resolution No. 20–Committee on Legislative Functions
FILE NUMBER 35
ASSEMBLY RESOLUTION–Providing for the appointment of additional assembly attaches.
Resolved by the Assembly of the State of Nevada, That the following persons are hereby elected as additional attaches of the assembly for the 58th session of the legislature of the State of Nevada: Betty J. Clugston, Ronald E. Coder and Linda Larche.
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Assembly Concurrent Resolution No. 23–Assemblyman Jacobsen
FILE NUMBER 36
ASSEMBLY CONCURRENT RESOLUTION–Memorializing Edward A. Settelmeyer.
Whereas, Edward A. Settelmeyer, a lifelong Nevadan, died at the age of 88 on September 8, 1974; and
Whereas, Mr. Settelmeyer’s long life personified both the pioneer and the agricultural heritages of Nevada; and
Whereas, Mr. Settelmeyer’s private pursuits and public service centered on ranching and agriculture including the operation of ranches in Douglas and Washoe counties, service as chairman of the Agricultural Adjustment Administration and its successor agency for 18 years, and as an original district director under the Taylor Grazing Act of 1934; and
Whereas, Mr. Settelmeyer served all the people of Nevada through his service on the tax commission; and
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ê1975 Statutes of Nevada, Page 1877 (FILE NUMBER 36, ACR 23)ê
Whereas, Mr. Settelmeyer was an active promoter of community betterment through his membership in Knights of Pythias and for 35 years in the Reno Lions Club; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 58th session of the Nevada legislature express their sincere sorrow to the surviving family of the late Edward A. Settelmeyer, a distinguished Nevadan, whose passing is deeply felt by all who knew him; 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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Senate Concurrent Resolution No. 10–Senators Raggio, Young, Gojack, Wilson and Foote
FILE NUMBER 37
SENATE CONCURRENT RESOLUTION–Memorializing the late Wagner Sorensen.
Whereas, Wagner Sorensen devoted his adult life to public service as fireman, fire chief and city councilman; and
Whereas, Wagner Sorensen joined the Reno Fire Department in 1931 and served that department and the people of Reno for some 38 years; and
Whereas, The 10 years prior to his retirement in 1969, Wagner Sorensen guided the development of the Reno Fire Department into a modern, complex, metropolitan fire department of which the City of Reno is justifiably proud; and
Whereas, His retirement as fire chief did not conclude Wagner Sorensen’s service to the people of Reno, but instead opened another avenue of service as a city councilman; and
Whereas, Wagner Sorensen displayed the same dedication, patience, courtesy and unbending honesty in elected office as he did as a civil servant; and
Whereas, His death, after a painful illness that in no way diminished his zeal for public service, leaves Reno poorer for his absence but richer for having known Wagner Sorensen; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 58th session of the Nevada legislature express their sincere sympathy to the surviving family of Wagner Sorensen and to all the people of Reno who were served so long and well by the deceased; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the widow and surviving family of Wagner Sorensen.
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ê1975 Statutes of Nevada, Page 1878ê
Assembly Joint Resolution No. 23 of the 57th Session–Mr. Getto, Mrs. Ford and Mr. Dini
FILE NUMBER 38
[On ballot 1976]
ASSEMBLY JOINT RESOLUTION–Proposing 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. 26–Assemblymen Dini, Jacobsen and Getto
FILE NUMBER 39
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late Father Paul Meinecke.
Whereas, Father Paul Meinecke dedicated his life to the service of God and to the community of man; and
Whereas, Father Meinecke was born November 23, 1907, in Modesto, California, and received seminary training at the Old Mission, Santa Barbara; and
Whereas, Father Meinecke was ordained a Franciscan Priest on June 11, 1933, in Santa Barbara, and was later instrumental in the founding of the Young Catholic Worker Movement in the San Francisco Bay area; and
Whereas, Father Meinecke came to Nevada in October, 1947, served at the St. Thomas Aquinas Cathedral, and later held pastorates at Eureka, Tonopah and Battle Mountain; and
Whereas, Father Meinecke arrived in Virginia City as pastor of St. Mary’s in the Mountain in 1963; and
Whereas, While in Virginia City Father Meinecke, in recognition of the heritage of the mining town, took action to clean, protect and restore the cemeteries of the city; and
Whereas, Father Meinecke contributed time and effort to the restoration of St. Mary’s in the Mountain, which included the replacement of the stained glass windows and the repair and reconstruction of the exterior of the historic church; and
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ê1975 Statutes of Nevada, Page 1879 (FILE NUMBER 39, ACR 26)ê
the stained glass windows and the repair and reconstruction of the exterior of the historic church; and
Whereas, At the time of his death Father Meinecke was in the process of restoring the church’s pipe organ; and
Whereas, Father Meinecke, through his self-sacrifice and tireless endeavor, contributed to the furtherance of Christianity in Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 58th session of the Nevada legislature join the people of the State of Nevada in this expression of sorrow at the passing of Father Meinecke and in the commemoration of his work in the service of God and in the service of his fellow men; and be it further
Resolved, That a copy of this resolution be prepared by the legislative counsel and transmitted forthwith to the Roman Catholic Diocese of Reno.
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Assembly Resolution No. 6–Committee on Legislative Functions
FILE NUMBER 40
ASSEMBLY RESOLUTION–Amending Assembly Standing Rule 30 for the 58th regular session of the legislature.
Resolved by the Assembly of the State of Nevada, That Assembly Standing Rule 30 be, and it hereby is, amended to read as follows:
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 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.]
1. The Speaker shall declare all votes but the ayes and noes shall be taken when called for by three members present, and the names of those calling for the ayes and noes shall be entered in the Journal by the Chief Clerk.
2. The Speaker shall call for ayes and noes by a division or by a roll call, either electronic or oral.
3. When taking the ayes and noes on any question, the electronic roll call system may be used, and when so used shall have the force and effect of any roll call under these rules.
4. When taking the ayes and noes by oral roll call, the Chief Clerk shall take the names of members alphabetically except that the Speaker shall be called last.
5. The electronic roll call system may be used to determine the presence of a quorum.
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ê1975 Statutes of Nevada, Page 1880 (FILE NUMBER 40, AR 6)ê
6. The ayes and noes shall not be taken with the electronic roll call system until all members present are at their desks. The Speaker and the Speaker pro tempore may vote at their desks or at the rostrum.
7. Only a member, certified by the Committee on Credentials of the Assembly, may cast a vote in the Assembly. A member shall not vote for another member on any roll call, either electronic or oral. Any member who votes for another member may be punished in any manner deemed appropriate by the Assembly.
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Senate Resolution No. 17–Committee on Legislative Functions
FILE NUMBER 41
SENATE RESOLUTION–Adding new Senate Standing Rule which requires, with certain exceptions, all meetings of the legislature and its committees to be open to the public.
Resolved by the Senate of the State of Nevada, That the Senate Standing Rules for the 58th session of the Nevada legislature be, and they hereby are, amended by adding thereto a new standing rule which shall read as follows:
13
Open Meetings.
1. Except as provided in the constitution of the State of Nevada and in subsection 2 of this rule, all meetings of the Senate and its committees shall be open to the public.
2. A Senate committee meeting may be closed if, in an open meeting of the committee, two-thirds of the members of the committee determine that such action is in the public interest and vote to close the meeting for the hearing of specified testimony. Final action on a bill or resolution shall not be taken at a closed meeting.
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Assembly Concurrent Resolution No. 25–Assemblymen Lowman, Ashworth, Banner, Barengo, Benkovich, Bennett, Bremner, Brookman, Chaney, Christensen, Coulter, Craddock, Demers, Dini, Dreyer, Ford, Getto, Glover, Harmon, Hayes, Heaney, Hickey, Howard, Jacobsen, Jeffrey, Mann, May, Mello, Moody, Murphy, Polish, Price, Robinson, Schofield, Sena, Vergiels, Wagner, Weise, Wittenberg and Young
FILE NUMBER 42
ASSEMBLY CONCURRENT RESOLUTION–Designating March 17, 1975, as Legislative Day for Girl Scouts; welcoming Girl Scout representatives to the legislative chambers on that day; and commending the Girl Scouts of the United States of America for their outstanding record of citizenship.
Whereas, The organization of the Girl Scouts of the United States of America was established in 1912, and has flourished for over 60 years; and
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ê1975 Statutes of Nevada, Page 1881 (FILE NUMBER 42, ACR 25)ê
Whereas, Girl Scouting promotes citizenship, international friendship, individual responsibility and community awareness in girls from 7 to 17 years of age; and
Whereas, Girl Scouting provides opportunities for girls to develop skills in outdoor activities and to acquire an appreciation and concern for our natural environment; and
Whereas, The Girl Scout organization endeavors to enhance the physical, mental and moral well-being of its members in their youth and throughout their lives; and
Whereas, In addition to building character and other fine qualities, the Girl Scouts of the United States of America are also responsible for providing us with tasty and delicious cookies each year; and
Whereas, The people of Nevada are justifiably and genuinely proud of their Girls Scouts; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the custom of official state participation in the citizenship phase of scouting be continued by welcoming representatives of the Frontier Council and the Sierra Nevada Council of the Girl Scouts of the United States of America to the legislative chambers during the session on March 17, 1975; and be it further
Resolved, That the members of the 58th session of the legislature of the State of Nevada hereby commend the Girl Scouts of the United States of America for their outstanding record of citizenship in their communities and in their nation; and be it further
Resolved, That copies of this resolution be transmitted by the legislative counsel to the Frontier Council and the Sierra Nevada Council of the Girl Scouts of the United States of America.
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Assembly Concurrent Resolution No. 29–Assemblyman Weise
FILE NUMBER 43
ASSEMBLY CONCURRENT RESOLUTION–Congratulating Incline High school basketball team and coach for winning the Nevada state “A” basketball championship.
Whereas, The Incline High School basketball team capped an outstanding 21-4 season by winning the Nevada state “A” basketball championship on March 8, 1975; and
Whereas, This is the second straight state “A” title for the Incline High School “Highlanders”; and
Whereas, A state championship is always a reflection of teamwork and cooperation as well as skill and fine coaching; and
Whereas, These qualities and attributes are apparent in head coach Rollie Hess and assistant coach Fred Gladding, and in manager Ted Bidart, and the players Paul Bryant, Mike Crom, John Feaster, Warren Gilstrap, Jimmy Griffo, Mark Grow, Don Isbell, David Parsons, Mark Preston, Mike Roberts, Todd Walker and Rick Watts; now, therefore, be it
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ê1975 Statutes of Nevada, Page 1882 (FILE NUMBER 43, ACR 29)ê
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the 58th session of the legislature of the State of Nevada extends its congratulations to the Incline High School basketball team and coach as well as the students, faculty and fans of the “Highlanders”; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the principal of Incline High School and to coach Rollie Hess.
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Assembly Concurrent Resolution No. 30–Assemblymen Glover, Ashworth, Jacobsen, Dini, Howard, Christensen, Craddock, Harmon, Weise, Ford, Coulter, Hickey, Heaney, Barengo, Wagner, Sena, Mann, Brookman, Bremner, Vergiels, Demers, Wittenberg, Robinson, Mello, Dreyer, Hayes, Jeffrey, Price, Polish, Benkovich, Chaney, Bennett, Moody, Schofield, Young, Banner, Murphy, May and Getto
FILE NUMBER 44
ASSEMBLY concurrent RESOLUTION–Congratulating the Carson High School basketball team and coaches upon winning the Nevada state “AAA” basketball championship.
Whereas, The Carson High School basketball team reigned victorious at the Nevada state “AAA” basketball championship tournament on March 8, 1975; and
Whereas, The “Senators” compiled an outstanding season record of 23 victories against only three defeats; and
Whereas, Carson High School won the Northern Nevada “AAA” conference title with 14 victories in 15 conference games; and
Whereas, The 1975 “AAA” championship was the first state championship for Carson High School since 1938 and the first “AAA” championship for a northern Nevada school since 1963; and
Whereas, A consistent aspect of Carson High School play throughout the season was closeness and teamwork encouraged by Coach Tom Andreasen and Assistant Coach Paul Croghan, aided by the team managers Tod Young, Mark Peterson and Mike Newman, and displayed in such fine manner by the players, Mark Amodei, Reese Bostwick, Don Crossley, Paul Gray, Mike Longero, Bill Nagel, Steve Rasmussen, Jim Salazar, Jerry Schroder, Morey Tresnit, Dana Winkleman and Rob Young; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the 58th session of the legislature of the State of Nevada extends its congratulations to the Carson High School basketball team, its coach Tom Andreasen and all the students, faculty and fans who have supported and followed the “Senators” throughout the season; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the principal of Carson High School and Coach Tom Andreasen.
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ê1975 Statutes of Nevada, Page 1883ê
Assembly Concurrent Resolution No. 31–Assemblymen Schofield, Ashworth, Banner, Bennett, Bremner, Brookman, Chaney, Craddock, Demers, Dreyer, Ford, Harmon, Hayes, Hickey, Jeffrey, Lowman, Mann, May, Price, Robinson, Sena and Vergiels
FILE NUMBER 45
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late R. J. (Randy) McElhone.
Whereas, Randy McElhone was among that group of men and women who aided and guided the growth of Las Vegas from a small town to a great city and entertainment center; and
Whereas, During the 34 years that Randy McElhone lived and worked in Las Vegas, he contributed immeasurably to the spreading of friendship and goodwill and to the betterment of the community through active work in the Chamber of Commerce and in numerous civic projects including the founding of the Las Vegas Convention Center; and
Whereas, Southern Nevadans will long remember this man of great good cheer, good works and community spirit and his two-dollar-bill calling cards which became his hallmark; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the Nevada legislature express their sincere and deep sorrow to the surviving family and many friends of the late R. J. (Randy) McElhone; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the sons, daughter and surviving family of the deceased.
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Senate Joint Resolution No. 10 of the 57th Session–Senator Monroe
FILE NUMBER 46
[On ballot 1976]
SENATE JOINT RESOLUTION–Proposing 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. 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.
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ê1975 Statutes of Nevada, Page 1884 (FILE NUMBER 46, SJR 10 of the 57th Session)ê
periods authorized by law, fix the sentence to be served by the person convicted of crime in said courts.
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Assembly Concurrent Resolution No. 34–Assemblymen Bremner, Barengo, Banner, Benkovich, Bennett, Brookman, Chaney, Christensen, Coulter, Craddock, Demers, Dini, Dreyer, Ford, Getto, Glover, Harmon, Hayes, Heaney, Hickey, Howard, Jacobsen, Jeffrey, Lowman, Mann, May, Mello, Moody, Murphy, Polish, Price, Robinson, Schofield, Sena, Vergiels, Wagner, Weise, Young, Wittenberg and Ashworth
FILE NUMBER 47
ASSEMBLY CONCURRENT RESOLUTION–Designating March 20, 1975, as Camp Fire Girls Day at the Legislature.
Whereas, The year 1975 marks the 65th birthday of the organization of Camp Fire Girls in the United States; and
Whereas, Camp Fire Girls is the oldest national, nonsectarian and interracial organization for girls in the U.S.A.; and
Whereas, Camp Fire Girls organizations throughout the nation and in Nevada combine recreation with the development of responsible citizenship; and
Whereas, Camp Fire Girls, Inc., is a national social agency with a tested program for youth which draws on the knowledge and expertise in the fields of education, human relations and child development; and
Whereas, Youth and adults join forces in the Camp Fire program to bring about such goals as the elimination of prejudice, protection of the environment, amelioration of social ills and the creation of a greater amount of self-determination in our personal lives; 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 members of the Camp Fire Girls organization and designates March 20, 1975, as Camp Fire Girls Day at the Legislature; and be it further
Resolved, That the legislature of the State of Nevada wishes the members of Camp Fire Girls continued success in their efforts to help young people grow as self-reliant and responsible individuals; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the national president of Camp Fire Girls, Mrs. Jack S. Burk, and to the president of the Las Vegas Area Council of Camp Fire Girls, Mrs. Ann Lynch, and to the president of the Sierra Sage Council of Camp Fire Girls, Mr. Randall Capurro.
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ê1975 Statutes of Nevada, Page 1885ê
Senate Concurrent Resolution No. 11–Senators Raggio, Young, Wilson, Gojack and Foote
FILE NUMBER 48
SENATE CONCURRENT RESOLUTION–Memorializing the late Frederick L. Hill.
Whereas, The legislature of the State of Nevada notes with great sorrow the untimely passing of former assemblyman and attorney, Frederick L. Hill; and
Whereas, Mr. Hill served the people of Nevada as a member of the assembly and as an assistant U.S. Attorney; and
Whereas, Mr. Hill served his nation during World War II as a naval officer taking part in the invasion of the Philippines, Iwo Jima and Okinawa; and
Whereas, Mr. Hill was a distinguished member of the Nevada State Bar including service as a member of the Nevada State Board of Bar Examiners; and
Whereas, Mr. Hill served his community in numerous ways including the chairmanship of the Reno Unit of the American Cancer Society; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 58th session of the Nevada legislature express their deep and sincere sorrow to Mr. Hill’s widow and his surviving family; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith to the widow and family of the deceased.
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Senate Concurrent Resolution No. 12–Senators Brown and Lamb
FILE NUMBER 49
SENATE CONCURRENT RESOLUTION–Memorializing the late Errett Lobban Cord.
Whereas, Errett Lobban Cord, a bold and adventurous entrepreneur and able and energetic legislator, has died at the age of 79; and
Whereas, E. L. Cord’s life was symbolic of the American dream of rising from a humble origin to financial success by hard work and determination; and
Whereas, He was a pioneer in the automobile industry with his design for the Cord car; and
Whereas, He turned his success in the automobile industry into investments in stocks, in factories, and in real estate; and
Whereas, He shared his financial genius with his adopted State of Nevada by serving on the Investment Advisory Committee to the University of Nevada; and
Whereas, He further devoted his energy and enthusiasm to his state as a senator in the 48th session of the Nevada legislature; now, therefore, be it
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ê1975 Statutes of Nevada, Page 1886 (FILE NUMBER 49, SCR 12)ê
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 58th session of the Nevada legislature extend their condolences to the widow and surviving family of the late Errett Lobban Cord; 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. Cord.
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Assembly Resolution No. 22–Committee on Legislative Functions
FILE NUMBER 50
ASSEMBLY RESOLUTION–Providing for the appointment of an additional assembly attache.
Resolved by the Assembly of the State of Nevada, That the following person is hereby elected as an additional attache of the assembly for the 58th session of the legislature of the State of Nevada: Mildred Cave.
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Assembly Concurrent Resolution No. 37–Assemblyman Ashworth
FILE NUMBER 51
ASSEMBLY CONCURRENT RESOLUTION–Expressing the mutual consent of the Assembly and Senate to an adjournment from Thursday, March 27, to Tuesday, April 1, 1975.
Resolved by the Assembly of the State of Nevada, the Senate concurring, That each house hereby consents to the adjournment of the other, upon the conclusion of its legislative business for Thursday, March 27, until its normal convening hour on Tuesday, April 1, 1975.
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Senate Concurrent Resolution No. 13–Senators Raggio, Young, Wilson, Gojack and Foote
FILE NUMBER 52
SENATE CONCURRENT RESOLUTION–Memorializing the late Howard McKissick, Jr.
Whereas, The members of the legislature of the State of Nevada note with great and sincere sorrow, the tragic and untimely death of Howard McKissick, Jr., on October 24, 1973; and
Whereas, Mr. McKissick was a member of a pioneer Nevada family, a product of Nevada schools, including the University of Nevada, Reno, and a lifelong Nevadan; and
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ê1975 Statutes of Nevada, Page 1887 (FILE NUMBER 52, SCR 13)ê
Whereas, Mr. McKissick served the people of Nevada as a member of the Assembly for over 15 years including service as minority floor leader and, in 1969, Speaker; and
Whereas, Mr. McKissick served his country in the U.S. Navy in World War II and in the U.S. Air Force in the Korean conflict; and
Whereas, Mr. McKissick was a respected member of the Nevada State Bar and Nevada Trial Lawyers Association; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 58th session of the Nevada legislature express their sincere and deep sorrow to the surviving family of their former colleague, the late Mr. Howard McKissick, Jr.; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the widow and children of the deceased.
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Senate Concurrent Resolution No. 14–Senators Raggio, Young, Wilson, Gojack and Foote
FILE NUMBER 53
SENATE CONCURRENT RESOLUTION–Memorializing the late Howard F. McKissick, Sr.
Whereas, The legislature of the State of Nevada notes with deep sorrow the recent death of Howard F. McKissick, Sr.; and
Whereas, Howard McKissick, Sr. was born in Reno, Nevada, on November 18, 1903, to a pioneer Nevada family; and
Whereas, Mr. McKissick entered public service with the Department of Justice as a U. S. Marshal; and
Whereas, In that capacity he risked his life in the line of duty, suffering critical injuries while attempting to arrest a man accused of federal income tax evasion; and
Whereas, Howard McKissick, Sr. continued his public service as a Washoe County commissioner from 1960 to 1972; and
Whereas, As a county commissioner, Mr. McKissick was well-respected for his sound judgment and diligent efforts on behalf of conservation measures; and
Whereas, He was instrumental in promoting the development of the Centennial Coliseum, the Pioneer Theater, and the Washoe County library during his commission years; and
Whereas, Mr. McKissick was the father of a Nevada Assemblyman, the late Howard F. McKissick, Jr.; and
Whereas, Nevada suffers a great loss in the passing of an honest and loyal citizen and public servant; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 58th session of the Nevada legislature pay tribute to Howard F. McKissick, Sr. and extend their condolences to his surviving family; and be it further
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ê1975 Statutes of Nevada, Page 1888 (FILE NUMBER 53, SCR 14)ê
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to the surviving widow and family of the late Howard F. McKissick, Sr.
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Senate Concurrent Resolution No. 15–Senators Brown, Bryan, Echols, Gibson, Herr, Hilbrecht, Lamb, Neal, Schofield and Walker
FILE NUMBER 54
SENATE CONCURRENT RESOLUTION–Memorializing the late Melvin D. Close, Sr.
Whereas, Nevada has lost a successful and most generous citizen with the passing of Melvin D. Close, Sr.; and
Whereas, Melvin Close, Sr., was a pioneer land developer along the Las Vegas Strip and in other areas in Las Vegas; and
Whereas, He was active in his support of charitable and religious organizations such as the American Cancer Society and Brigham Young University; and
Whereas, He served as director of the Latter Day Saints Primary Children’s Hospital; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the Nevada legislature pay tribute to the memory of a well-loved Nevadan, Melvin D. Close, Sr., and extend their condolences to his surviving family, especially to his son, Senator Melvin D. Close, Jr.; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to the surviving family of Melvin D. Close, Sr.
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Senate Concurrent Resolution No. 16–Senator Monroe
FILE NUMBER 55
SENATE CONCURRENT RESOLUTION–Memorializing Marion E. “Ted” McCuistion.
Whereas, The legislature of the State of Nevada notes with sincere and deep sorrow the passing of Marion E. “Ted” McCuistion on November 1, 1973; and
Whereas, Mr. McCuistion spent the greatest part of his long and distinguished life in the State of Nevada beginning when his family moved to Elko County in 1907; and
Whereas, Mr. McCuistion served his country in World War II first as a director of the Office of War Information for the Western States and then in the U.S. Navy; and
Whereas, Mr. McCuistion gave long and distinguished service to the people of Nevada through his membership in the Assembly for 16 years, including chairmanship of the Ways and Means Committee and, in 1953, the Speakership; and
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ê1975 Statutes of Nevada, Page 1889 (FILE NUMBER 55, SCR 16)ê
including chairmanship of the Ways and Means Committee and, in 1953, the Speakership; and
Whereas, Mr. McCuistion was a leader in the real estate profession in Nevada, recognized in 1969 as Nevada’s “Realtor of the Year,” and his service to his profession included serving as president of the Las Vegas Board of Realtors, vice president of the Nevada Association of Realtors and president of the Nevada Real Estate Advisory Board; and
Whereas, Mr. McCuistion served his community and fellowman through his membership in Rotary International, the Elks Lodge and the Veterans of Foreign Wars; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 58th session of the Nevada legislature express their sincere and deep sorrow to the surviving family of the late Marion E. McCuistion; 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 the deceased.
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Assembly Joint Resolution No. 9–Assemblyman Getto
FILE NUMBER 56
ASSEMBLY JOINT RESOLUTION–Memorializing the Congress of the United States to refrain from imposing mandatory gasoline rationing as a fuel conservation measure and explore alternative conservation methods.
Whereas, The American lifestyle, including work and recreation, is built around the private automobile; and
Whereas, Many sectors of the economy such as tourism and outdoor recreation are built upon the reasonable availability of gasoline fuel; and
Whereas, Some states and regions are far more dependent economically on gasoline fuel availability because average distances are great, public transportation is poor or nonexistent and because large percentages of jobs are directly tied to tourism; and
Whereas, Any uniform system of mandatory gasoline rationing will adversely affect certain states and regions far more than others; and
Whereas, The administrative costs of a rationing system will be excessive, the inequities will be both inevitable and great, the black marketeering that will result will mean higher prices for gasoline with no corresponding return to government at any level; and
Whereas, Other effective and equitable fuel conservation measures are possible such as more efficient gasoline engines, greater construction and use of urban and interurban mass transit, nonexportation of American oil supplies to foreign nations and greater study of alternate fuels for heat and the production of electrical power; 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 refrain from imposing any form of mandatory gasoline rationing; and be it further
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ê1975 Statutes of Nevada, Page 1890 (FILE NUMBER 56, AJR 9)ê
Congress of the United States to refrain from imposing any form of mandatory gasoline rationing; and be it further
Resolved, That any program of energy conservation include the flexibility necessary to recognize the different fuel needs of different states and regions; and be it further
Resolved, That every effort be made to develop alternative energy conservation measures such as the development of more efficient gasoline engines, the increased construction and use of urban and interurban mass transit, banning exportation of American oil to foreign countries, and the use of alternative fuels for the production of heat and electricity; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and the members of the Nevada congressional delegation.
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Senate Concurrent Resolution No. 17–Senators Brown, Lamb, Bryan, Gibson, Monroe, Hilbrecht, Schofield, Close, Herr, Young and Gojack
FILE NUMBER 57
SENATE CONCURRENT RESOLUTION–Memorializing a distinguished Nevadan, the late Archie C. Grant.
Whereas, The legislature of the State of Nevada notes with great sorrow the passing on November 8, 1974, of Archie C. Grant, a distinguished Nevadan; and
Whereas, Mr. Grant for many years pioneered in the development of Southern Nevada including work for the creation of the Las Vegas Valley water district, the Lincoln County power district and the development of the Basic Magnesium plant in Henderson; and
Whereas, Mr. Grant had been a devoted and active civic leader since first arriving in Las Vegas in 1928, serving as president of the Chamber of Commerce, president of the Las Vegas Rotary Club, member of the Elks Lodge and the Fraternal Order of Eagles and Nevada department adjutant of the American Legion; and
Whereas, Mr. Grant served the people of Nevada through service in the Senate and the Assembly and for 20 years as a regent of the University of Nevada, in which office he led in the development of the University of Nevada, Las Vegas; and
Whereas, Mr. Grant had played an active and productive role in Nevada politics for over 40 years and, in victory or defeat, had always been respected for his forthrightness and the value of his word; and
Whereas, Mr. Grant served his fellow citizens in numerous civic and philanthropic endeavors including the chairmanship of the Nevada Planning Commission, the State Parks Commission, the Las Vegas Housing Authority, the State Board of Education and the U.S. Savings Bond drive; now, therefore, be it
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ê1975 Statutes of Nevada, Page 1891 (FILE NUMBER 57, SCR 17)ê
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 58th session of the Nevada legislature pay respectful tribute to a great Nevadan and express their deep and sincere sorrow on the passing of Archie C. Grant to his family; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the family of the deceased.
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Senate Concurrent Resolution No. 18–Senators Raggio, Young, Wilson, Gojack and Foote
FILE NUMBER 58
SENATE CONCURRENT RESOLUTION–Memorializing the late Harry Swanson.
Whereas, Harry Swanson was a longtime Nevada resident having moved to this state and to Reno at the age of 7 in 1903; and
Whereas, Mr. Swanson’s life was a mosaic of Nevada history and institutions including time as a working cowboy, a lifetime as an avid outdoorsman, a member of the State Bar of Nevada for 54 years and service as a state legislator; and
Whereas, Harry Swanson also served his country during the First World War; and
Whereas, Mr. Swanson’s legislative service included terms in the assembly in 1923 and 1925, in the latter term serving as speaker pro tempore; and
Whereas, Mr. Swanson was not only a longtime member of the State Bar of Nevada but a unique member as well as one of the last remaining attorneys to be admitted without ever having had college or law school training; and
Whereas, Harry Swanson was a founder of the Nevada “White Hats” and for many years actively supported the work of Shrine hospitals through his membership and devotion to Kerak Temple; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 58th session of the Nevada legislature do hereby express their sincere sympathy to the surviving family of Harry Swanson, longtime Nevadan and distinguished Nevadan; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the widow of the deceased, Mrs. Olive Swanson, his son Harry B. Swanson and his daughters Mrs. Doris Lee Humes and Mrs. Genelle Brice.
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ê1975 Statutes of Nevada, Page 1892ê
Senate Concurrent Resolution No. 19–Senators Blakemore and Raggio
FILE NUMBER 59
SENATE CONCURRENT RESOLUTION–Memorializing Thomas L. Hutchings, former chairman of the Nevada Industrial Commission.
Whereas, With the passing of Thomas L. Hutchings, Nevada has lost a respected citizen and a man dedicated to the welfare of the people; and
Whereas, Thomas L. Hutchings, known as “Speed,” was appointed to the Nevada Industrial Commission as a representative of labor in 1955 and was, in a later term, appointed commission chairman; and
Whereas, At the time of his death, Thomas Hutchings was serving as Lincoln County treasurer; and
Whereas, In earlier years, he supervised the workmen’s compensation program for Reynolds Electrical Engineering Company at the Nevada Test Site and also served as personnel director for Basic Incorporated at Gabbs, Nevada; and
Whereas, Thomas L. Hutchings was active on behalf of the labor movement in Nevada, serving as president of the United Steel Workers Union in Pioche, Nevada, and helping to organize a labor union at Kennecott Copper Corporation in Ely, Nevada; and
Whereas, Thomas Hutchings was born in Beaver, Utah, in 1916 to a pioneer Mormon family and later moved to Nevada where he married and made his home; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 58th session of the Nevada legislature express their sincere sorrow at the death of Thomas L. Hutchings; and be it further
Resolved, That a copy of this resolution be prepared by the legislative counsel and transmitted forthwith to the surviving widow and family of the deceased.
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Senate Concurrent Resolution No. 22–Senators Gibson, Walker, Hilbrecht and Schofield
FILE NUMBER 60
SENATE CONCURRENT RESOLUTION–Requesting the assistance to the legislature of various individuals to facilitate the drafting of legislation for governmental realignment in Clark County.
Whereas, The last decade has produced rapid, ever-explosive population growth in the Las Vegas Valley; and
Whereas, The increased demand for urban services severely strained the ability and structure of local government resulting in inequitable tax burdens, duplication of services in some areas and total absence in others, and a decrease in accountability by government to its citizens; and
Whereas, Four separate large-scale studies from 1968 to 1974 have recommended substantial restructuring of government in Clark County to increase efficiency and accountability and to accommodate in an orderly way future growth; and
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ê1975 Statutes of Nevada, Page 1893 (FILE NUMBER 60, SCR 22)ê
Whereas, The legislature, for lack of consensus on the best method of restructuring and realigning governments has been limited to short-term solutions such as annexation moratoria; and
Whereas, The Clark County delegation has approved a concept for restructuring the Clark County Commission and the Las Vegas City Commission and providing powers and flexibility to the restructured governments to allow smooth and orderly growth of the urban area and urban services; and
Whereas, The occasion of near consensus and strong support for the proposed concept should not be lost but because the proposal will require extensive and complex legislation to be produced in a relatively short time; and
Whereas, The required legislation necessitates a knowledge of facts and details concerning Clark County and Las Vegas and a general expertise in local government law; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the City of Las Vegas is hereby requested to provide an experienced and knowledgeable member of the city attorney’s staff to assist the legislative counsel bureau in preparing the necessary legislation; and be it further
Resolved, That Clark County is hereby requested to provide an experienced and knowledgeable member of the county legal staff to assist the legislative counsel bureau in preparing the necessary legislation and be it further
Resolved, That the Washoe County Commission is hereby requested to make available to the legislative counsel bureau the unparalleled technical expertise of Mr. Russell W. McDonald to guide the development of this complex and important legislation; and be it further
Resolved, That all travel and other necessary expenses of the individuals assisting the legislative counsel bureau be paid from the legislative fund; and be it further
Resolved, That all persons to assist the legislative counsel bureau be made available no later than April 1, 1975; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Las Vegas City Commission, the Clark County Commission, the Clark County District Attorney and the Washoe County Commission.
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Assembly Concurrent Resolution No. 36–Assemblymen Glover, Ashworth, Jacobsen, Young, Getto, Howard, Lowman, Dreyer, Dini, Benkovich, Ford and Wagner
FILE NUMBER 61
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late Peter B. Merialdo.
Whereas, Mr. Peter B. Merialdo was a lifelong Nevadan for all his 75 years; and
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ê1975 Statutes of Nevada, Page 1894 (FILE NUMBER 61, ACR 36)ê
Whereas, Pete Merialdo devoted most of his adult life to public service to the people of Nevada serving for 31 years as recorder for Eureka County; and
Whereas, He also served for 8 years as state controller and as deputy director of the department of motor vehicles for 4 years; and
Whereas, Pete Merialdo was recognized for his service and devotion to the state in 1967 when he was named Nevada’s Distinguished Citizen; and
Whereas, Peter B. Merialdo served his nation and his community by serving in the U.S. Army in World War I and through his membership and participation in the Elks, the Lions Club and the American Legion; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 58th session of the legislature express their sympathy and sense of loss on the death of a fine public servant and a distinguished Nevadan to the widow of the deceased, Mrs. Dolores Merialdo, and the surviving family; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the widow of the deceased.
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Assembly Joint Resolution No. 26 of the 57th Session–Committee on Ways and Means
FILE NUMBER 62
[On ballot 1976]
ASSEMBLY JOINT RESOLUTION–Proposing 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 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.
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ê1975 Statutes of Nevada, Page 1895ê
Senate Concurrent Resolution No. 20–Senators Monroe, Brown and Lamb
FILE NUMBER 63
SENATE CONCURRENT RESOLUTION–Memorializing the late Jane K. Gily.
Whereas, The success and quality of product of every legislative body depends in large measure upon the abilities and expertise of the staffs that support legislative bodies; and
Whereas, Jane K. Gily personified the dedicated, professional legislative staffer; and
Whereas, Mrs. Gily served as an assistant to the chief clerk of the assembly and the secretary of the senate before becoming a full-time employee of the Nevada legislative counsel bureau; and
Whereas, Jane K. Gily not only served the State of Nevada with dedication and loyalty but with ingenuity and creativity having been responsible for such things as the setting up and organization of the legislative library and its development; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 58th session of the Nevada legislature express their sincere appreciation for Mrs. Gily’s service to the legislature and send their deep sympathy to her husband, Mr. Edwin Gily and daughter Mrs. Jenifer Hernstine and to the other members of her family; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to Mrs. Gily’s husband and daughter.
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Senate Concurrent Resolution No. 23–Senators Brown, Bryan, Close, Echols, Gibson, Herr, Hilbrecht, Lamb, Neal, Schofield and Foote
FILE NUMBER 64
SENATE CONCURRENT RESOLUTION–Memorializing the late University of Nevada Regent and former Assemblyman, Flora Dungan.
Whereas, The legislature of the State of Nevada notes with great sorrow the passing, on October 24, 1973, of a former colleague and distinguished Nevadan, Flora Dungan; and
Whereas, Flora Dungan’s life was devoted in large part to fighting for the less fortunate and powerless of society; and
Whereas, Flora Dungan believed in and fought for principles and because of that brought about the reapportionment of the Nevada legislature and the Board of Regents of the University of Nevada; and
Whereas, Flora Dungan served her community in many ways including services as founder of FOCUS, a Las Vegas organization designed to aid troubled youth, as chairman of the Las Vegas Sponsors of Synanon, membership in the League of Women Voters, the National Association for the Advancement of Colored People and Temple Beth Sholom and as a director of the Albert Einstein Hebrew Day School; now, therefore, be it
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ê1975 Statutes of Nevada, Page 1896 (FILE NUMBER 64, SCR 23)ê
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 58th session of the legislature express their deep and sincere sorrow to the family of Flora Dungan; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith to the surviving family of the deceased.
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Senate Joint Resolution No. 8–Senators Gibson, Monroe and Blakemore
FILE NUMBER 65
SENATE JOINT RESOLUTION–Extending the support of the Nevada state legislature to the proposed Nevada-California Regional Exclusion Program.
Whereas, The people of the State of Nevada depend upon the State of California for most of their fresh fruits, vegetables and nursery stock; and
Whereas, It is of mutual economic benefit to the people of the states of Nevada and California to protect the sources of fresh fruits, vegetables and nursery stock from losses because of the ravages of alien plant and animal pests; and
Whereas, The states of Arizona and California are cooperating in an effort to regionalize plant pest exclusion activities; and
Whereas, The State of California proposes to build, maintain and staff agricultural inspection stations in Nevada at Winnemucca, Wells, McGill and Mesquite at California’s sole expense; and
Whereas, The staffing of the proposed agricultural inspection stations will provide an annual payroll of approximately $500,000 to the communities involved; and
Whereas, The state department of agriculture of the State of Nevada and the California Department of Food and Agriculture mutually agree upon the value and importance of the regional pest exclusion concept; and
Whereas, Representatives of the two departments have met with representatives of the Nevada communities near the proposed station sites, as suggested by Honorable Mike O’Callaghan, governor of the State of Nevada, to discuss the proposed regional pest exclusion program; and
Whereas, Many Nevada community leaders endorse the proposal for the building, staffing and maintaining of agricultural inspection stations in the State of Nevada by the State of California; and
Whereas, The building, staffing and maintaining of agricultural inspection stations at locations within the State of Nevada can be accomplished under the State of Nevada’s Interlocal Cooperation Act and the State of California’s Joint Exercise of Powers Act; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Nevada-California Regional Exclusion Program be approved in principle, and that the State of California be permitted to build, staff and maintain agricultural inspection stations at various locations within Nevada; and be it further
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ê1975 Statutes of Nevada, Page 1897 (FILE NUMBER 65, SJR 8)ê
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the governor of the State of California, to the state department of agriculture of the State of Nevada, and to the California Department of Food and Agriculture; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Joint Resolution No. 5–Assemblymen Brookman, Demers and Dreyer
FILE NUMBER 66
ASSEMBLY JOINT RESOLUTION–Memorializing Congress to adopt legislation requiring federal medical insurance programs to recognize treatments by licensed acupuncturists as a legitimate form of medical treatment and provide reimbursement therefor.
Whereas, The 1973 session of the Nevada legislature adopted legislation recognizing the practice of traditional Chinese medicine, which includes acupuncture, as a learned profession, beneficial to the health and welfare of the residents of Nevada; and
Whereas, This legislation provides for a state board to license only those applicants who meet stringent educational and experiential criteria sufficient to satisfy the board of the applicant’s competence to practice traditional Chinese medicine in such a manner that the public safety and welfare will be adequately protected; and
Whereas, Federal insurance programs including but not limited to Medicare, Medicaid and Veterans’ Administration Insurance programs, have refused to recognize traditional Chinese medicine as a legitimate branch of the healing arts, thereby denying reimbursement for acupuncture treatments unless such treatment was performed by a practitioner licensed in traditional western medicine; and
Whereas, The policies of the federal agencies which administer these programs against reimbursing deserving recipients of benefits under such programs for treatment by acupuncturists are unreasonable in view of our regulatory provisions and unfair to the residents of our state; 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 adopt legislation requiring federal insurance programs to reimburse qualified recipients of benefits under these programs for treatment by acupuncturists; 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 each member of the Nevada congressional delegation.
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ê1975 Statutes of Nevada, Page 1898ê
Senate Joint Resolution No. 9–Senators Young and Lamb
FILE NUMBER 67
SENATE JOINT RESOLUTION–Memorializing the Congress of the United States to authorize the establishment of preserves for free-roaming horses and burros and to permit the purchase of public lands and grazing privileges to assist in the establishment of such preserves.
Whereas, Wild, free-roaming horses and burros are living symbols of the historic and pioneer spirit of the West and an important part of our national heritage; and
Whereas, The “multiple use” concept followed on public lands makes it difficult to properly supervise and manage free-roaming horses and burros; and
Whereas, Establishing preserves for the sole use of wild, free-roaming horses and burros would protect these animals from harassment, capture or death; 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 authorize the establishment of preserves on public lands administered by the Secretary of the Interior through the Bureau of Land Management or by the Secretary of Agriculture through the Forest Service for the sole use of wild, free-roaming horses and burros; and be it further
Resolved, That the federal law for the protection, management and control of wild horses and burros (16 U.S.C. § 1331) be amended to permit the purchase of such public lands and the grazing privileges thereon to assist in the establishment of these preserves; and be it further
Resolved, That upon the establishment of such preserves, wild, free-roaming horses and burros be removed from other public lands; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the President of the Senate, the Speaker of the House of Representatives, 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 Forest Service; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Senate Joint Resolution No. 10–Senators Young and Lamb
FILE NUMBER 68
SENATE JOINT RESOLUTION–Memorializing the Congress of the United States to enact legislation authorizing various changes in the procedure by federal agencies in protecting, managing and controlling wild horses and burros on certain public lands, and to appropriate funds to the Forest Service of the Department of Agriculture to conduct a research program on wild horse ecology in cooperation with the University of Nevada.
Whereas, The number of wild, free-roaming horses and burros on public lands administered by the Secretary of the Interior through the Bureau of Land Management and the Secretary of Agriculture through the Forest Service have become so abundant that they are presenting a threat to their own existence as well as that of domestic animals and other wildlife, because of the reduction of vegetation; and
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ê1975 Statutes of Nevada, Page 1899 (FILE NUMBER 68, SJR 10)ê
Bureau of Land Management and the Secretary of Agriculture through the Forest Service have become so abundant that they are presenting a threat to their own existence as well as that of domestic animals and other wildlife, because of the reduction of vegetation; and
Whereas, The Bureau of Land Management and the Forest Service have no effective means for controlling or regulating the increasing numbers of wild, free-roaming horses or burros; 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:
1. Enact legislation specifically allowing federal agencies charged with the responsibility for protecting, managing and controlling wild horses and burros to use aircraft and motor vehicles in carrying out their duties;
2. Amend the federal law for the protection, management and control of wild horses and burros (16 U.S.C. §§ 1331 to 1340, inclusive) to permit a transfer of title to those wild horses or burros which the responsible federal agencies reasonably believe to be above the number of such animals the range lands will support;
3. Enact a statute of limitations to apply to claims of ownership of branded or unbranded horses or burros; and
4. Appropriate funds to the Forest Service of the Department of Agriculture for the purpose of conducting a comprehensive research program on wild horse ecology and management in cooperation with the University of Nevada; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the President of the Senate, the Speaker of the House of Representatives and the 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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Senate Joint Resolution No. 11–Senator Young
FILE NUMBER 69
SENATE JOINT RESOLUTION–Memorializing the Congress of the United States to increase the appropriations to the Bureau of Land Management of the United States Department of the Interior for those programs which will benefit public lands under the bureau’s control in the State of Nevada.
Whereas, Approximately 68 percent of the land of the State of Nevada consists of public lands managed by the Bureau of Land Management of the United States Department of the Interior; and
Whereas, Deficiencies in the administration of these public lands are becoming apparent, with an exploding population and increasing user pressure; and
Whereas, It will take nearly 200 years to complete the Cadastral Survey program in Nevada at the present rate the survey is being conducted; and
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ê1975 Statutes of Nevada, Page 1900 (FILE NUMBER 69, SJR 11)ê
Whereas, A recent court decision requires environmental impact statements to be made in connection with grazing programs, and this requirement will result in the need for additional experts; and
Whereas, There are substantial delays in the consideration of applications for mineral patents because of a lack of personnel in the Bureau of Land Management; and
Whereas, The range management and soil and watershed programs of the Bureau of Land Management have suffered for many years from inadequate funding; and
Whereas, Many of the environmental problems of the State of Nevada are linked to the management of resources on public lands controlled by the Bureau of Land Management; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Congress of the United States is hereby respectfully memorialized to make substantial increases in appropriations to the Bureau of Land Management of the United States Department of the Interior for the purpose of adequately funding programs which will correct existing deficiencies in the administration of the public lands in the State of Nevada under the control of the Bureau of Land Management and will lead to the achievement of long-range goals maximizing the potential usefulness of these public lands under the multiple use concept; and be it further
Resolved, That this legislature urgently requests each member of the Nevada congressional delegation to exert his best efforts toward obtaining such increased appropriations, correcting such deficiencies and reaching such goals; 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 shall become effective upon passage and approval.
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Assembly Joint Resolution No. 2 of the 57th Session–Mr. Jacobsen
FILE NUMBER 70
[On ballot 1976]
ASSEMBLY JOINT RESOLUTION–Amending 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 respective Houses and by the Secretary of the Senate and clerk of the Assembly.
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ê1975 Statutes of Nevada, Page 1901 (FILE NUMBER 70, AJR 2 of the 57th Session)ê
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 respective 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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Senate Concurrent Resolution No. 24–Senators Monroe, Raggio, Young, Brown, Dodge, Blakemore and Lamb
FILE NUMBER 71
SENATE CONCURRENT RESOLUTION–Memorializing the late Roy A. Hardy.
Whereas, Roy A. Hardy, a leading figure in Nevada mining for over 60 years, was born on a small ranch in South Dakota on April 18, 1886; and
Whereas, He accompanied his family to the mining booms of Leadville and Cripple Creek, Colorado, and was educated in Denver; and
Whereas, In 1905, he joined the mining rush to Tonopah and 1 year later entered the Mackay School of Mines; and
Whereas, Upon graduation he joined the Wingfield mining enterprises and later pursued mining activities in the Fairview district, in Aurora, in Ruby, Arizona, and in Virginia City and was the consulting engineer in charge of operations for the Getchell Mines, Inc., in Humboldt County; and
Whereas, In connection with his mining interests, Roy Hardy received the Legion of Honor of the American Institute of Mining Engineers (A.I.M.E.) in recognition of his 50 years of active membership in that organization and in recognition of his status as a charter member of Nevada’s section of the A.I.M.E.; and
Whereas, Roy Hardy was a 33rd Degree Scottish Rite Mason, a 50-year member of Reno Lodge No. 13 F&AM and a member of the Benevolent and Protective Order of Elks; and
Whereas, Roy Hardy served the people of the State of Nevada from 1952 to 1958 as a member of the board of regents of the University of Nevada and was awarded the honorary degree of Doctor of Mining Engineering from the Mackay School of Mines; and
Whereas, Roy Hardy was president of the Nevada Mining Association and served on the governor’s mining advisory board; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 58th session of the Nevada legislature express their sorrow and extend their condolences to the surviving family of Roy A.
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ê1975 Statutes of Nevada, Page 1902 (FILE NUMBER 71, SCR 24)ê
express their sorrow and extend their condolences to the surviving family of Roy A. Hardy; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to his son, Royce Hardy, his daughter, Mrs. Albert Paulson, his sister, Mrs. Barrett King, his brother, Charles H. Hardy and his sister-in-law, Mrs. George Wingfield.
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Senate Joint Resolution No. 14–Committee on Judiciary
FILE NUMBER 72
[To be returned to the 1977 Legislature]
SENATE JOINT RESOLUTION–Proposing to amend section 3 of article 15 of the constitution of the State of Nevada relating to eligibility for public office by deleting restrictions relating to dueling and restrictions concerning female electors.
Resolved by the Senate and the Assembly of the State of Nevada, jointly, That section 3 of article 15 of the constitution of the State of Nevada be amended to read as follows:
Section 3. No person shall be eligible to any office who is not a qualified elector under this constitution. [No person who, while a citizen of this state, has, since the adoption of this constitution, fought a duel with a deadly weapon, sent or accepted a challenge to fight a duel with a deadly weapon, either within or beyond the boundaries of this state, or who has acted as second, or knowingly conveyed a challenge, or aided or assisted in any manner in fighting a duel, shall be allowed to hold any office of honor, profit or trust; or enjoy the right of suffrage under this constitution. The legislature shall provide by law for giving force and effect to the foregoing provisions of this section; provided, that females over the age of twenty-one years, who have resided in this state one year, and in the county or district six months next preceding any election to fill either of said offices, or the making of such appointment, shall be eligible to the office of superintendent of public instruction, deputy superintendent of public instruction, school trustee and notary public.]
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Assembly Concurrent Resolution No. 35–Assemblyman Barengo
FILE NUMBER 73
ASSEMBLY CONCURRENT RESOLUTION–Recalling Assembly Joint Resolution 15 of the 57th session from the office of the secretary of state.
Whereas, Further information brought to the attention of the legislature has convinced it that the constitutional amendment proposed in A.J.R. 15 of the 57th session should not be submitted to the people in its present form; and
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ê1975 Statutes of Nevada, Page 1903 (FILE NUMBER 73, ACR 35)ê
Whereas, This legislature intends to propose and submit to the legislature next chosen a new amendment more suitably providing for substance of this proposal; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the secretary of state is hereby directed to return Assembly Joint Resolution 15 of the 57th session of the legislature to the assembly for further consideration.
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Assembly Concurrent Resolution No. 43–Assemblymen Dreyer, Demers, Wittenberg, Schofield, Ford, Wagner, Christensen, Chaney, Bennett, Brookman, Heaney, Weise, Ashworth, Benkovich, Coulter, Banner, Robinson, Barengo, Bremner, Jeffrey, Vergiels, Murphy, May, Hickey, Lowman, Dini, Mello, Glover, Price, Getto, Jacobsen, Howard, Harmon, Hayes, Craddock, Sena, Young, Mann, Moody and Polish
FILE NUMBER 74
ASSEMBLY CONCURRENT RESOLUTION–Memorializing Nedra N. Joyce on the occasion of her untimely death.
Whereas, The legislature notes with great sorrow the recent passing on March 30, 1975, of Mrs. Nedra Joyce; and
Whereas, Mrs. Joyce was known, liked and respected by many members of the legislature as well as by countless others throughout the state; and
Whereas, Nedra Joyce personified the active, informed and contributing citizen whose life added to the quality of the lives with which she came in contact; and
Whereas, Nedra Joyce was a native Nevadan, educated at Reno High School and the University of Nevada, Reno, where she began her career in news work, a career that took her to Washington as assistant press secretary to Senator Edmund Muskie, back to Las Vegas where she was assistant editor and education reporter for the Las Vegas Review Journal and to television station KORK where she was a news editor at the time of her death; and
Whereas, In her busy news career, Mrs. Joyce also found time to serve the State of Nevada as a member of the board of regents of the University of Nevada, a job to which she contributed her talent and knowledge willingly; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 58th session of the legislature do hereby express their deep sorrow on the untimely death of Nedra N. Joyce and extend their sincere sympathy to her mother and children; and be it further
Resolved, That copies of this resolution be prepared by the legislative counsel and transmitted forthwith to Mrs. Joyce’s mother, Mrs. Henry Norton, and to her children Robin Joyce and Marilee Joyce.
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ê1975 Statutes of Nevada, Page 1904ê
Senate Resolution No. 14–Senators Bryan, Hilbrecht, Foote, Echols and Gojack
FILE NUMBER 75
SENATE RESOLUTION–Amending Senate Standing Rule 53 for the 58th regular session of the legislature.
Resolved by the Senate of the State of Nevada, That Senate Standing Rule 53 be, and it hereby is, amended to read as follows:
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.]
1. The rules of the Senate, as far as applicable, shall be the rules of committees of the Senate; and procedure in committees, where not otherwise provided in this rule, shall follow the procedure of the Senate. For matters not included in the rules of the Senate or these rules, Mason’s Manual shall be followed.
2. A majority of any committee constitutes a quorum for the transaction of business.
3. A meeting of a committee shall not be opened without a quorum present.
4. In addition to regularly scheduled meetings or those called by the chairman, meetings may be set by a written petition of a majority of a committee and filed with the chairman of a committee.
5. A bill may be passed from a committee only by a majority of the committee membership. A simple majority of those present and voting is sufficient to adopt committee amendments.
6. Subcommittees may be appointed by committee chairmen to consider subjects specified by the committee and shall report back to the committee.
7. A committee shall act only when together, and all votes shall be taken in the presence of the committee. A member shall not be recorded as voting unless he was actually present in the committee at the time of the vote. The chairman shall vote on all final actions on bills or resolutions.
8. All committee and subcommittee meetings shall be open to the public, except that a meeting may be closed if, in an open meeting of the committee or subcommittee, two-thirds of the members determine that such action is in the public interest and vote to close the meeting for the hearing of specified testimony. Final action on a bill or resolution shall not be taken at a closed meeting.
9. Before reporting a bill or resolution to the Senate, a committee may reconsider its action. A motion to reconsider must be made by a member who voted with the prevailing side.
10. Committee chairmen shall determine the agenda of each meeting except that committee members may request an item for the agenda by communicating with the chairman at least 1 day prior to the meeting. A majority of a committee may, by vote, add an item to the agenda of the next regularly scheduled meeting.
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ê1975 Statutes of Nevada, Page 1905 (FILE NUMBER 75, SR 14)ê
11. Secretaries to committees shall give notice of hearings on bills to anyone requesting notices on particular bills.
12. All committees shall keep minutes of meetings. The minutes shall cover members present and absent, subjects under discussion, witnesses who appear, committee members’ statements concerning legislative intent, action taken by the committee, as well as the vote of individual members on all matters on which a vote is taken. Any member may submit to the secretary additional remarks to be included in the minutes and records of committee meetings. At the conclusion of the legislative session, the Secretary of the Senate shall deliver all minutes and records of committee meetings in her possession to the Director of the Legislative Counsel Bureau.
13. In addition to the minutes, the committee secretary shall maintain a record of all bills, including:
(a) Date bill referred;
(b) Date bill received;
(c) Date set for hearing the bill;
(d) Date or dates bill heard and voted upon; and
(e) Date report prepared.
14. All committee secretaries shall file the minutes within a reasonable time with the Secretary of the Senate.
15. All committee minutes shall be open to public inspection upon request and during normal business hours.
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Assembly Concurrent Resolution No. 45–Assemblyman Coulter
FILE NUMBER 76
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late Andrew West.
Whereas, Andrew West was born January 22, 1925, in Omaha, Nebraska, and attended school in Omaha and in Los Angeles; and
Whereas, In his lifetime Andrew West pursued an active and extensive career in the field of journalism as a reporter, radio broadcaster and news director; and
Whereas, Andrew West served as a reporter for the Pacific edition of Stars and Stripes in World War II and was a foreign correspondent in the Far East for various wire services in the postwar period; and
Whereas, In the course of his career, Andrew West was a correspondent for United Press International, Associated Press, Mutual Network and, in addition, served as radio newsman for numerous radio stations in California and Hawaii; and
Whereas, His major news assignments included such events as the Tokyo War Crimes trials, the Korean War, the Watts riots, and the tidal wave destruction of Hilo, Hawaii; and
Whereas, Andrew West is perhaps best known for his eyewitness reporting of the tragic assassination of Senator Robert F. Kennedy, which was carried by hundreds of newspapers, television and radio stations throughout the United States; and
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ê1975 Statutes of Nevada, Page 1906 (FILE NUMBER 76, ACR 45)ê
was carried by hundreds of newspapers, television and radio stations throughout the United States; and
Whereas, He was awarded the Golden Mike Award in 1963 and 1968 for his outstanding performance in broadcasting and was further commended for his reporting skills by the Hawaii Journalism Society and the Watts Chamber of Commerce; and
Whereas, Andrew West’s last position in a successful career of journalism was with KCRL in Reno; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 58th session of the Nevada legislature express their deep regret at the death of the distinguished journalist, Andrew West, and extend their condolences to his surviving family; and be it further
Resolved, That a copy of this resolution be prepared by the legislative counsel and transmitted forthwith to his widow and surviving family.
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Senate Concurrent Resolution No. 26–Committee on Government Affairs
FILE NUMBER 77
SENATE CONCURRENT RESOLUTION–Advising all candidates for the offices of mayor and city commissioner in the forthcoming Las Vegas city election that the terms of the office for which they are running may be curtailed by legislative action prior to completion.
Whereas, Several studies of the urbanization of the Las Vegas Valley and the structure of government within the valley have all concluded that adaption to future growth and the efficient provision of urban services is dependent upon realigning governmental responsibilities in Clark County; and
Whereas, The 58th session of the legislature has undertaken the task of reshaping the structure of government in Clark County, such proposed reshaping to include changes in the governing bodies of the county and the City of Las Vegas; and
Whereas, The reshaping of government to meet the demands and exigencies of an urban county will require a transition period leading up to an election of representatives to a newly constituted governing board that will quite likely result in the shortening of some terms of city officers; and
Whereas, The Clark County legislative delegation on March 26, 1975, endorsed the basic concept for reshaping the governments of Clark County and Las Vegas; now therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature hereby advises all candidates for the offices of mayor or city commissioner of Las Vegas in the forthcoming election that legislation now being prepared, if passed, may result in the terms of city officers being terminated as of January 1977; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the city clerk of the City of Las Vegas and the city clerk is requested to make a copy of this resolution available to every candidate for the offices of mayor and city commissioner.
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ê1975 Statutes of Nevada, Page 1907 (FILE NUMBER 77, SCR 26)ê
Vegas and the city clerk is requested to make a copy of this resolution available to every candidate for the offices of mayor and city commissioner.
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Assembly Resolution No. 25–Committee on Legislative Functions
FILE NUMBER 78
ASSEMBLY RESOLUTION–Adding new Assembly Standing Rule which requires all meetings of the Assembly and its committees to be open to the public.
11
[Reserved.]
Open Meetings.
All meetings of the Assembly and its standing committees shall be open to the public.
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Senate Concurrent Resolution No. 27–Committee on Government Affairs
FILE NUMBER 79
SENATE CONCURRENT RESOLUTION–Recognizing American Indian Awareness Week, April 6 through 12, 1975.
Whereas, The American Indian has a unique and valuable culture of interest and concern to all Americans; and
Whereas, Our American heritage has been shaped in large part by the American Indian; and
Whereas, The American Indian has contributed much to the development of American society and has done much to protect the liberty and freedoms on which this nation was founded; and
Whereas, In the fast-paced world much concerned about energy, economics, ecology and global crisis, we as a state and nation often forget those among us who live in that same modern world but who maintain and nurture an ancient and honorable culture and venerable traditions; and
Whereas, We who are not of Indian heritage can learn much from these first Americans and their history and should be aware of problems that currently affect the American Indian; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature hereby recognizes the week of April 6 through 12, 1975, as American Indian Awareness Week and by such recognition honors all American Indians for their heritage, traditions and accomplishments; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the Intertribal Council of Nevada, Inc.
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ê1975 Statutes of Nevada, Page 1908ê
Assembly Concurrent Resolution No. 46–Assemblymen Chaney, Mann, Bennett, Schofield, Sena, Craddock, Demers, Lowman, Vergiels, Jeffrey, Banner, Ashworth, Robinson, Dreyer, Harmon, Hayes, Ford, Moody, Christensen, Wagner, Wittenberg, Getto, Weise, Heaney, Mello, May, Hickey, Price, Murphy, Polish, Jacobsen, Coulter, Young, Glover, Bremner, Brookman, Barengo, Dini, Benkovich and Howard
FILE NUMBER 80
ASSEMBLY CONCURRENT RESOLUTION–Recognizing the long and outstanding service to God and community of the Reverend John Lee Simmons.
Whereas, The strength and vitality of any community is dependent upon those leaders who give of themselves for the good of the community; and
Whereas, No leadership is more vital and enduring that the spiritual leadership provided by selfless and dedicated religious leaders; and
Whereas, For some 31 years the Reverend John Lee Simmons tirelessly gave of himself for the betterment of his parishioners, as well as the general Las Vegas community; and
Whereas, The Reverend Mr. Simmons’ career in the service of God began in 1917 and is studded with accomplishments that will ensure his place in the memory of so many Las Vegans; and
Whereas, That lifetime of achievement included his arrival in Las Vegas in 1943, and the organization of Strangers’ Home Baptist Church, his attendance that same year as the first representative of a Nevada church at the National Baptist Convention, organization of the Carver Park Baptist Church in Henderson, special service to war workers in San Bernardino, California, during World War II, the laying of the first cornerstone of any Baptist church in West Las Vegas and service to St. Paul’s Baptist Church in Hawthorne for 11 years; and
Whereas, The Reverend Mr. Simmons leaves his community a monument of his labors in the West District Association which he founded in 1946, and which has done so much to improve West Las Vegas and the quality of the lives of its residents; and
Whereas, The Reverend Mr. Simmons was the first black clergyman to give the invocation to open the sessions of both the assembly and the senate; and
Whereas, For the past 3 years the Reverend Mr. Simmons has traveled nationally on behalf of the rights of senior citizens and continues to fight for a home for the elderly; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the Nevada legislature do hereby recognize an outstanding Nevadan and congratulate him upon his retirement from a long and active career about which a biblical quotation favored by the Reverend Mr. Simmons is most apt: “I have fought a good fight. I have finished my course. I have kept the faith.” (2nd Tim. 4:7); and be it further
Resolved, That a copy of this resolution be prepared by the legislative counsel and transmitted forthwith to the Reverend Mr. John Lee Simmons.
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ê1975 Statutes of Nevada, Page 1909ê
Senate Concurrent Resolution No. 29–Senators Brown, Gojack, Bryan, Echols, Blakemore, Wilson, Walker, Close, Raggio, Herr, Neal, Foote, Schofield, Hilbrecht, Sheerin, Monroe, Gibson, Lamb, Dodge and Young
FILE NUMBER 81
SENATE CONCURRENT RESOLUTION–Commending Leola H. Armstrong on the 25th anniversary of the commencement of her service to the legislature.
Whereas, The effectiveness and functioning of all legislative bodies is dependent upon the expertise and abilities of the staff that administers the flow and processing of legislation and provides assistance to the members and committees of the body; and
Whereas, Legislative staff work is unique and demands dedication and loyalty to the legislative body; and
Whereas, Leola H. Armstrong personifies the competent, able and expert legislative staff and has maintained high standards of personal and professional excellence over the past 25 years; and
Whereas, She began her legislative service in 1949 as minute clerk in the senate and progressed to assistant secretary of the senate in 1957 and to secretary in 1958 holding such office continually since; and
Whereas, Mrs. Armstrong also served as chief assistant to the legislative counsel during several of the formative years of the legislative counsel bureau giving in that position the same high standard of performance; and
Whereas, Leola H. Armstrong is recognized throughout the state not just as an able officer of the senate but also as an authority on the legislative process in Nevada; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the legislature hereby commend Leola H. Armstrong for years of devotion and outstanding accomplishment in the service of the Nevada legislature, and, on behalf of themselves and the people of the state, extend to her their sincere appreciation.
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Assembly Resolution No. 23–Committee on Legislative Functions
FILE NUMBER 82
ASSEMBLY RESOLUTION–Amending Assembly Standing Rule 52 for the 58th regular session of the legislature.
Resolved by the Assembly of the State of Nevada, That Assembly Standing Rule 52 be, and it hereby is, amended to read as follows:
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. If the first committee votes to amend the bill or resolution, it shall be reprinted with amendments and then sent immediately to the next committee.
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ê1975 Statutes of Nevada, Page 1910 (FILE NUMBER 82, AR 23)ê
and then sent immediately to the next committee. If there is no amendment proposed by the first committee, the bill or resolution shall be sent with the committee recommendation immediately to the second committee. 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.
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Assembly Concurrent Resolution No. 48–Assemblymen Ashworth and Demers
FILE NUMBER 83
ASSEMBLY CONCURRENT RESOLUTION–Commending secretaries for their inestimable contributions to private enterprise and to government and designating the week of April 20 through April 26 as Secretaries Week.
Whereas, Secretaries fill a vital role in the functioning of offices both in private enterprise and in government; and
Whereas, The secretarial profession requires general knowledge of many diverse fields, as well as mastery of traditional office skills; and
Whereas, Well-qualified secretaries must devote a great deal of time and effort to the acquisition of requisite educational background and on-the-job experience; and
Whereas, Far too frequently their endeavors in job preparation and performance remain unrecognized; and
Whereas, Secretaries in government, commerce and industry in Nevada should be honored for their indispensable service and for their willingness to assume significant responsibilities in these fields; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature of the State of Nevada highly commends secretaries employed in Nevada for their inestimable contributions to private enterprise and to government; and be it further
Resolved, That the legislature of the State of Nevada designates the week of April 20 through April 26, 1975, as Secretaries Week and April 23, 1975 as Secretaries Day; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Oasis chapter of the National Secretaries Association and to the Reno chapter of Executives’ Secretaries, Inc.
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ê1975 Statutes of Nevada, Page 1911ê
Senate Concurrent Resolution No. 34–Senator Bryan
FILE NUMBER 84
SENATE CONCURRENT RESOLUTION–Memorializing the late Edward R. Knapp, dedicated teacher at Las Vegas High School for over 20 years.
Whereas, Edward R, Knapp was born June 14, 1916, in Littleton, New Hampshire, and died March 10, 1975, in Las Vegas, Nevada; and
Whereas, Edward Knapp served his country in World War II as a military policeman in the 10th Armored Division of the Third Army under General George Patton and received two Bronze Stars for his bravery; and
Whereas, He later earned his law degree at Vanderbilt University and the Master of Science degree in audiovisual education at Indiana University; and
Whereas, Edward Knapp made Nevada his home after service in the army, working first in the Las Vegas Police Department and then in the Las Vegas public school system; and
Whereas, He was perhaps most distinguished in his career as a teacher at Las Vegas High School where he taught from 1952 until his recent death; and
Whereas, His devotion to the education of the youth of our state won him the loyalty and respect of students and colleagues alike; and
Whereas, In honor of his accomplishments as a teacher and an historian, Edward R. Knapp won the Veterans of Foreign Wars outstanding teacher award in 1963; and
Whereas, In addition to his service to his country and the youth of Nevada, Edward Knapp also chose to participate in the political life of his community by serving on both the Clark County Republican Central Committee and the Clark County Republican Executive Committee; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the Nevada legislature express their sincere sorrow and sense of loss to the family of Edward R. Knapp at the death of one of Nevada’s most dedicated educators; and be it further
Resolved, That a copy of this resolution be prepared and transmitted by the legislative counsel forthwith to the surviving widow and family of the late Edward R. Knapp.
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Senate Joint Resolution No. 12–Senators Echols, Blakemore, Brown, Bryan, Foote, Gibson, Gojack, Herr, Hilbrecht, Lamb, Monroe, Neal, Raggio, Schofield, Sheerin, Walker, Wilson and Young
FILE NUMBER 85
SENATE JOINT RESOLUTION–Memorializing the Congress of the United States to provide a program of long-term, low interest loans to small businesses.
Whereas, The small businessman has, since the earliest days of this republic, been an integral and necessary part of our free enterprise economy; and
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ê1975 Statutes of Nevada, Page 1912 (FILE NUMBER 85, SJR 12)ê
Whereas, The maintenance of the free enterprise system is based upon free and open competition and the prevention of monopoly and oligopoly; and
Whereas, In a large number of economic sectors, greater choice of products, more personalized treatment, greater convenience and often, a higher quality of goods and services is made possible because of the small businessman; and
Whereas, The Congress recognized the importance and necessity of healthy small businesses by the passage in 1953 of the Small Business Act with the primary purpose to aid, counsel, assist and protect the interests of small business; and
Whereas, A portion of the Small Business Administration’s program is the making of direct loans; and
Whereas, The present funds available for direct loans in this era of national recession is far from adequate to the needs of the many small businesses whose costs remain high because of inflation and fuel costs but whose sales are dropping because of recession; and
Whereas, Conventional lending institutions either will not make small business loans or will make them only at present high interest rates that will destroy many small businesses; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature of the State of Nevada hereby respectfully memorializes the Congress of the United States to greatly expand the ability of the Small Business Administration to respond to the present dire needs of small businesses; and be it further
Resolved, That such expansion include authority to make long-term, low interest loans to small businesses that will enable them to weather the present recessionary cycle; 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.
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Assembly Resolution No. 9–Assemblymen Dini, Ford, Murphy, Benkovich, Mello, Wagner, Barengo, Bremner, Heaney, Jacobsen, Glover and Weise
FILE NUMBER 86
ASSEMBLY RESOLUTION–Adding Assembly Standing Rule 1 for the 58th regular session of the legislature.
Resolved by the Assembly of the State of Nevada, That the Assembly Standing Rules be, and they hereby are, amended by adding a new rule which shall read as follows:
1
[Reserved.]
Speaker of the Assembly.
1. All officers of the Assembly are subordinate to the Speaker in all that relates to the prompt, efficient and correct discharge of their official duties under his supervision.
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ê1975 Statutes of Nevada, Page 1913 (FILE NUMBER 86, AR 9)ê
that relates to the prompt, efficient and correct discharge of their official duties under his supervision.
2. Possessing the powers and performing the duties described in this rule, the Speaker shall:
(a) Take the chair at the hour to which the Assembly stands adjourned, call the members to order, and upon the appearance of a quorum, proceed to business.
(b) Preserve order and decorum and have general direction of the chamber of the Assembly and the approaches thereto, and in the event of any disturbance or disorderly conduct therein, order the same to be cleared.
(c) Decide all questions of order, subject to a member’s right to appeal to the Assembly. On appeal from such decisions, the Speaker has the right, in his place, to assign the reason for his decision.
(d) Have the right to name any member to perform the duties of the chair, but such substitution shall not extend beyond 1 legislative day.
(e) When the Assembly resolves itself into Committee of the Whole, name a chairman to preside thereover and call him to the chair.
(f) Have the power to accredit the persons who act as representatives of the press, radio and television, and assign them seats.
(g) Sign all bills and resolutions passed by the legislature as provided by law.
(h) Sign all subpenas issued by the Assembly or any committee thereof.
(i) Receive all messages and communications from other departments of the government and announce them to the Assembly.
(j) Represent the Assembly, declare its will and in all things obey its commands.
(k) Vote on final passage of a bill or resolution, but he shall not be required to vote in ordinary legislative proceedings except where his vote would be decisive. In all aye and no votes, the Speaker’s name shall be called last.
3. If a vacancy occurs in the office of Speaker, through death, resignation or disability of the Speaker, the Speaker pro Tempore shall temporarily and for the period of vacancy or disability conduct the necessary business of the Assembly.
4. If a permanent vacancy occurs in the office of Speaker, the Assembly shall select a new Speaker.
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Assembly Resolution No. 26–Assemblyman Jacobsen
FILE NUMBER 87
ASSEMBLY RESOLUTION–Memorializing Orvel E. Canonic.
Whereas, Orvel E. Canonic, a lifelong Nevadan, died on April 3, 1975, at the age of 47; and
Whereas, Mr. Canonic was known and respected by residents of the Carson Valley, where he was born and reared, and by his friends, neighbors and associates in Reno and in Sparks where he made his home; and
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ê1975 Statutes of Nevada, Page 1914 (FILE NUMBER 87, AR 26)ê
Whereas, Orvel E. Canonic was active in civic and business affairs through membership in the Lions Club, Reno Printers, Pressmen and Assistants Union and as an officer of Nevaco, Inc.; and
Whereas, The children of any person are in large part a reflection of the principles and values of that person; and
Whereas, The members of this body have had the opportunity to know, admire and respect one of the children of Orvel E. Canonic and know him to be a young man of sound character and dedication who has served this body well; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of the Assembly do hereby extend their sincere sympathy and condolences to the widow of Orvel E. Canonic, Mrs. Willa Canonic, to his mother, Mrs. Marvel Canonic and to his two sons, James and Gerald; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the widow and surviving family of Orvel E. Canonic.
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Assembly Resolution No. 12–Assemblymen Dini, Ford, Getto, Murphy, Benkovich, Coulter, Wagner, Hayes, Barengo, Heaney, Vergiels, Mello, Chaney, Wittenberg, Jacobsen, Glover, Weise and Dreyer
FILE NUMBER 88
ASSEMBLY RESOLUTION–Amending Assembly Standing Rule 49 and adding Standing Rule 92 for the 58th regular session of the legislature.
Resolved by the Assembly of the State of Nevada, That Assembly Standing Rule 49 be, and it hereby is, amended to read as follows:
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 presented. 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.
And be it further resolved, That the Assembly Standing Rules be, and they hereby are, amended by adding a new rule which shall read as follows:
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ê1975 Statutes of Nevada, Page 1915 (FILE NUMBER 88, AR 12)ê
92
[Reserved.] Notices of Bills, Topics and Public Hearings.
All committees shall provide notice of public hearings on bills, resolutions or topics of high public importance at least 5 calendar days before such hearings. Notice shall also be provided for all other committee meetings at least 24 hours in advance of such meetings. Notices in all cases shall include the date, time, place and agenda to be covered and shall be posted conspicuously in the legislative building, appear in the daily history and be made available to the press.
The noticing requirements of this rule may be suspended for emergency situations but only after approval by a two-thirds vote of a committee.
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Senate Resolution No. 18–Committee on Legislative Functions
FILE NUMBER 89
SENATE RESOLUTION–Providing for the appointment of an additional senate attache.
Resolved by the Senate of the State of Nevada, That the following named person is hereby elected as an additional attache of the senate for the 58th session of the legislature of the State of Nevada: Katherine M. Berry.
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Assembly Resolution No. 24–Assemblyman Ford
FILE NUMBER 90
ASSEMBLY RESOLUTION–Amending Assembly Standing Rule 110 for the 58th regular session of the legislature.
Resolved by the Assembly of the State of Nevada, That Assembly Standing Rule 110 be, and it hereby is, amended to read as follows:
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.] on the first legislative day after which they are reported by committee, unless a different day 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. Any amendment which is numbered, copied and made available to all members shall be moved and voted upon by number unless any member moves that it be read in full.
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ê1975 Statutes of Nevada, Page 1916 (FILE NUMBER 90, AR 24)ê
be moved and voted upon by number unless any member moves that it be read in full. 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.
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Assembly Concurrent Resolution No. 8–Assemblymen Getto, Ford and Wagner
FILE NUMBER 91
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative commission to study sexual discrimination in Nevada law.
Whereas, The 92nd Congress of the United States of America has proposed a constitutional amendment providing that equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex; and
Whereas, The legislatures of a large number of states have ratified the proposed constitutional amendment; and
Whereas, Discrimination based on sex has come under close judicial scrutiny; and
Whereas, It is presently undetermined which constitutional and statutory provisions of Nevada law are based upon suspect sexual differentiation and which of such provisions might be modified to retain their basic features while eliminating their sexual bias; 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 constitutional and statutory provisions of Nevada law to discover which of them discriminate between persons on the basis of their sex, and to report the results of such study and submit appropriate recommendations and suggested legislation to the 59th session of the Nevada legislature; and be it further
Resolved, That the legislative commission consider appointing a citizens’ advisory committee to assist with this study.
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ê1975 Statutes of Nevada, Page 1917ê
Senate Joint Resolution No. 16–Committee on Judiciary
FILE NUMBER 92
[Return to 1977 Session]
SENATE JOINT RESOLUTION–Proposing to amend section 31 of article 4 of the constitution of the State of Nevada, relating to the property rights of married persons, by more clearly delineating the property rights of such persons and by deleting the constitutional requirement that the legislature adopt laws providing for the registration of the separate property of married women.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 31 of article 4 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 31. All property, both real and personal, of [the wife] a married person owned or claimed by [her] such person before marriage, and that acquired afterward by gift, devise or descent, shall be [her separate property; and laws shall be passed, more clearly defining the rights of the wife in relation as well to her separate property, as to that held in common with her husband. Laws shall also be passed providing for the registration of the wifes [wife’s] separate property.] the separate property of such person. The legislature shall more clearly define the rights of married persons in relation to their separate property and other property.
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Senate Concurrent Resolution No. 8–Senator Wilson
FILE NUMBER 93
SENATE CONCURRENT RESOLUTION–Directing the governor’s office of planning coordination to conduct a study of the problems resulting from the current organization of agencies involved with both renewable and nonrenewable natural resources in the various state departments, to make recommendations and to report to the governor and to the 59th session of the legislature.
Whereas, There are several state agencies involved in the use, regulation and conservation of both renewable and nonrenewable natural resources; and
Whereas, In past years, some of these agencies have been consolidated into state departments without regard to the basic difference between the two types of resources; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the governor’s office of planning coordination is hereby directed to make a thorough study of such agencies and all the problems related to their current organization in the various state departments with a view to improving the existing organization; and be it further
Resolved, That such study be carried out in cooperation with the directors of the state department of conservation and natural resources, the Nevada department of fish and game, the state department of agriculture of the State of Nevada, and the department of human resources, together with two senators and two assemblymen interested in natural resources matters to be selected by the legislative commission; and be it further
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ê1975 Statutes of Nevada, Page 1918 (FILE NUMBER 93, SCR 8)ê
Resolved, That the governor’s office of planning coordination report the results of such study to the governor and to the 59th session of the Nevada legislature, together with recommendations for any necessary and appropriate legislation.
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Senate Concurrent Resolution No. 28–Committee on Environment and Public Resources
FILE NUMBER 94
SENATE CONCURRENT RESOLUTION–Directing the state engineer to appoint a committee to study existing and proposed government regulations and actions pertaining to the development, control and conservation of geothermal resources in Nevada.
Whereas, Approximately 20 percent of the State of Nevada is believed to offer potential for geothermal exploration, with 13 areas identified by the U.S. Geological Survey as Known Geothermal Resource Areas; and
Whereas, On a national scale, Nevada is estimated to be second only to California in its potential for development of geothermal energy; and
Whereas, Under proper management, the use and development of geothermal energy can be practically pollution free; and
Whereas, Geothermal energy has been and may continue to be harnessed for various practical uses, one of the most important of such uses being the generation of electric energy; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the state engineer is hereby directed to appoint a committee of persons knowledgeable and interested in the field of geothermal energy to study and review existing and proposed government regulatory procedures and actions pertaining to geothermal resources in Nevada; and be it further
Resolved, That such study and review place special emphasis on evaluating any new state laws or proposed legislation designed to regulate the development and provide for the conservation of geothermal resources in the State of Nevada; and be it further
Resolved, That such study and review be carried out in cooperation with the state engineer and the division of water resources of the state department of conservation and natural resources; and be it further
Resolved, That the committee report the results of such study and review to the governor and to the 59th session of the Nevada legislature, together with recommendations for any necessary and appropriate legislation.
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ê1975 Statutes of Nevada, Page 1919ê
Senate Concurrent Resolution No. 39–Senators Bryan, Monroe, Dodge, Wilson, Brown and Blakemore
FILE NUMBER 95
SENATE CONCURRENT RESOLUTION–Memorializing the late Joe Mackie, Jr., and his wife Zorah “Zoe” Mackie.
Whereas, Mr. and Mrs. Joe Mackie, Jr., were victims of a tragic airplane crash in December 1974; and
Whereas, Joe Mackie, Jr., was a native of Arkansas and Zoe Mackie was a native of California, and together they made their home in Winnemucca, Nevada; and
Whereas, Joe Mackie came to the Winnemucca area about 15 years ago and with his brother opened the Mint Club, now known as the Red Bull; and
Whereas, Joe Mackie’s other interests included Mackie’s Star Broiler and Casino, and the Winner’s Inn; and
Whereas, Joe Mackie’s contributions to the state were not limited to his business activities in Winnemucca, but rather extended to civic affairs and political activities; and
Whereas, Joe Mackie was chairman of the University of Nevada Wolf Pack Boosters for 2 years and also served on the State Democratic Central Committee; and
Whereas, The Humboldt County Chamber of Commerce named him “Man of the Year” for his outstanding leadership and participation in promotional affairs on behalf of the community; and
Whereas, With the death of the Mackies, Winnemucca and the State of Nevada have suffered the loss of two of its most active and beloved citizens; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the condolences of the members of the 58th session of the legislature of the State of Nevada are hereby extended to the surviving relatives of the late Mr. and Mrs. Joe Mackie, Jr.; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to their daughter, Sharon Mackie Eiguren.
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Assembly Concurrent Resolution No. 57–Assemblymen May, Ashworth, Brookman, Jacobsen, Lowman, Dini, Getto, Howard, Mello and Young
FILE NUMBER 96
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late Marvin M. “Bud” Bishop, former Nevada state assemblyman.
Whereas, Marvin M. Bishop, known as “Bud,” was born in 1911 in Pocatello, Idaho and died in Las Vegas in 1973, after 20 years of residency in that city; and
Whereas, Bud Bishop served in the Nevada state legislature as an assemblyman in 1963 and again in 1967; and
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ê1975 Statutes of Nevada, Page 1920 (FILE NUMBER 96, ACR 57)ê
Whereas, He founded the first ambulance service in Las Vegas, now known as Mercy Ambulance; and
Whereas, Among Marvin Bishop’s many contributions to his state and community were his service as deputy coroner for Clark County for 9 years and his work as Clark County marriage commissioner; and
Whereas, Bud Bishop was active in civic affairs, serving as chairman of the board of directors of Southern Nevada Memorial Hospital and as an officer of St. Joseph’s School Parent-Teacher Association; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of 58th session of the legislature of the State of Nevada express their deep regret at the death of Mr. Marvin M. “Bud” Bishop, former colleague and assemblyman; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to the widow and surviving family of Marvin M. Bishop.
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Senate Concurrent Resolution No. 41–Senator Raggio
FILE NUMBER 97
SENATE CONCURRENT RESOLUTION–Memorializing the late Louise Menante.
Whereas, The difference between a city and a community is based upon people with dedication, civic pride, a willingness to give of themselves and an ability to inspire others to contribute to civic betterment; and
Whereas, Reno is a community as well as a city in large part as a result of the efforts of people like Louise Menante who died April 12, 1975, at the age of 85; and
Whereas, Mrs. Menante was a lifelong Nevadan and Renoite with roots deep in the heritage of northern Nevada; and
Whereas, Louise Menante was an active civic leader in Reno for over 50 years; and
Whereas, She helped organize the Lamp Bearers of America, was a member for over 50 years of the Neighbors of Woodcraft, was a charter member of the Nevada Circle of Druidess No. 135, being recording secretary of the latter for 37 years, and was a life member of the Weeders and Seeders Garden Club; and
Whereas, Mrs. Menante was recognized for her family devotion as well as her civic work in 1954 when the Reno Business and Professional Women’s Club named her “Mother of the Year”; and
Whereas, The playground equipment at the McKinley Park School and the gymnasium equipment at the former Northside Junior High School were the result of fund raising efforts of Louise Menante; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the legislature hereby express their admiration for the life of Louise Menante and extend their sincere sympathy to the members of her family; and be it further
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ê1975 Statutes of Nevada, Page 1921 (FILE NUMBER 97, SCR 41)ê
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to Mrs. Menante’s daughters, Mrs. Mildred Smith and Mrs. Genevieve Young and to her son Mr. Frank Menante.
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Senate Concurrent Resolution No. 42–Senators Raggio and Young
FILE NUMBER 98
SENATE CONCURRENT RESOLUTION–Memorializing the late John T. McLaughlin, Jr.
Whereas, Mr. John T. McLaughlin, Jr., died on April 11, 1975, at the age of 75; and
Whereas, John McLaughlin had lived in Nevada for 42 years and practiced law in Reno for some 36 years; and
Whereas, Mr. McLaughlin was a distinguished American at the time he chose to move to Nevada in 1933, having been one of the original members of the Federal Bureau of Investigation, taking part in the pursuit and arrest of some of the most wanted criminals in America; and
Whereas, John McLaughlin, as an assistant U.S. Attorney, also led in the investigation and prosecution of a Nazi spy ring in 1938; and
Whereas, Mr. McLaughlin continued to distinguish himself in Nevada as a respected member of the bar and during World War II as commander of the Washoe County Defense Council; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature hereby honors a distinguished adopted son of Nevada and extends its sincere sympathy to his widow and children; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to Mrs. Katherine McLaughlin, the widow of the deceased, and to his sons Robert S. Kimball, John T. McLaughlin III and David W. McLaughlin.
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Assembly Joint Resolution No. 25–Committee on Taxation
FILE NUMBER 99
ASSEMBLY JOINT RESOLUTION–Memorializing Congress to enact legislation restricting states from withholding income tax of nonresidents.
Whereas, In 1970 Congress adopted P.L. 91-569 permitting a state to require employers to withhold income tax from employees engaged in interstate transportation if more than 50 percent of employment travel occurred in that state; and
Whereas, Numerous Nevada residents are employed in interstate travel into California and have as much as 95 percent of their employed travel occurring in California; and
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ê1975 Statutes of Nevada, Page 1922 (FILE NUMBER 99, AJR 25)ê
Whereas, California is 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 taxes which are not withheld, with the result that many Nevada residents are paying almost as much tax as permanent California residents; and
Whereas, These Nevada residents receive no services from the State of California in return for such taxes, nor does their presence in California during the course of their employment result in any expense to California that is not fully compensated for by their employers in the form of highway-use, corporate income and other taxes; and
Whereas, The withholding of California income taxes from such Nevada residents imposes an unfair and discriminatory burden on them; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the Congress of the United States is hereby memorialized to enact federal legislation prohibiting any state other than the state of residence to require withholding of income taxes; and be it further
Resolved, That copies of this resolution be prepared by the legislative counsel and transmitted forthwith to the Vice President of the United States, as presiding officer of the Senate, 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 Concurrent Resolution No. 58–Committee on Legislative Functions
FILE NUMBER 100
ASSEMBLY CONCURRENT RESOLUTION–Endorsing the governor’s proclamation of the week of April 20-26, 1975, as Volunteer Week.
Whereas, The spirit of voluntarism has been encouraged in recent years throughout the nation, developing an attitude which promotes the unselfish sharing of skills and abilities in the best tradition of the democratic system; and
Whereas, Millions of Americans and thousands of Nevadans now donate time and energy to improving the quality of life in our communities, in our state and in our nation; and
Whereas, The future of our state and our nation may well depend upon the willingness of individuals to involve themselves in helping each other and in contributing more in their own communities; and
Whereas, The Nevada legislature may appropriately join with the governor of Nevada and the President and the Congress of the United States in acclaiming the worth of volunteering in the state and the nation; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the Nevada legislature endorse the governor’s proclamation of the week of April 20-26, 1975, as Volunteer Week; and be it further
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ê1975 Statutes of Nevada, Page 1923 (FILE NUMBER 100, ACR 58)ê
proclamation of the week of April 20-26, 1975, as Volunteer Week; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Mr. Roy Sebbas, State Director of Nevada Voluntary Action.
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Assembly Joint Resolution No. 23–Committee on Judiciary
FILE NUMBER 101
ASSEMBLY JOINT RESOLUTION–Memorializing Congress to study and clarify the laws and regulations pertaining to access by government agencies to personal financial information in the possession of financial institutions.
Whereas, The Bill of Rights in the Fourth Amendment guarantees freedom from unreasonable searches and seizures and requires issuance of warrants based on probable cause showing what is to be searched; and
Whereas, Certain accounts and other records of transactions in financial institutions, including banks, savings and loan associations and credit unions, constitute personal papers and effects falling under the protection of the Fourth Amendment; and
Whereas, The United States Supreme Court has held in United States v. Bisceglia, 43 USLW 4242 (1975), that §§ 7601 and 7602 of the Internal Revenue Code of 1954 provide investigative authority that is not limited to situations in which there is probable cause to believe that a violation of the tax laws exists; and
Whereas, In that opinion the court approved the use of “John Doe” warrants by the Internal Revenue Service to search bank records for evidence of transactions that may reflect avoidance of income taxes; and
Whereas, Such power could be abused to search personal financial records for whatever might be found of a possibly incriminating nature; and
Whereas, The Fourth Amendment was designed to prohibit the conduct of arbitrary and nonspecific searches; and
Whereas, The confidential relationship between financial institutions and their customers, members or depositors is built on trust and must be preserved; and
Whereas, Customers, members or depositors of financial institutions have the same right to be secure against unwarranted disclosure of their personal records as if the records were in their own possession; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the Congress of the United States is hereby memorialized to study the Internal Revenue Code, particularly §§ 7601 and 7602, and appropriate regulations of the Internal Revenue Service and to take remedial action to clarify sections of the law that would allow abuses of Fourth Amendment protections, and to amend the law to prohibit the use of unreasonable, arbitrary and nonspecific searches of the records of financial institutions; and be it further
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ê1975 Statutes of Nevada, Page 1924 (FILE NUMBER 101, AJR 23)ê
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President 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. 10–Committee on Commerce
FILE NUMBER 102
[Return to 1977 Session]
ASSEMBLY JOINT RESOLUTION–Proposing an amendment to section 1 of article 10 of the constitution of the State of Nevada, relating to taxation, by exempting business inventories from property taxation and permitting the legislature to exempt any other personal property from such taxation.
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.
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ê1975 Statutes of Nevada, Page 1925 (FILE NUMBER 102, AJR 10)ê
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. Business inventories shall be exempt from the taxation provided for in this section, and the legislature may exempt any other personal property, including livestock. 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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Assembly Joint Resolution No. 21–Committee on Taxation
FILE NUMBER 103
[Return to 1977 Session]
ASSEMBLY JOINT RESOLUTION–Proposing an amendment to section 1 of article 10 of the constitution of the State of Nevada, relating to taxation, by requiring the legislature to provide for a progressive exemption of business inventories from property taxation and permitting the legislature to exempt any other personal property from such taxation.
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.
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ê1975 Statutes of Nevada, Page 1926 (FILE NUMBER 103, AJR 21)ê
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. The legislature shall provide by law for a progressive reduction in the tax upon business inventories by 20 percent in each year following the adoption of this provision, and after the expiration of the 4th year such inventories are exempt from taxation. The legislature may exempt any other personal property, including livestock. 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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Assembly Concurrent Resolution No. 9–Assemblymen Mello, Howard Dreyer, Robinson, Bremner, Glover, Wittenberg, Brookman, Weise, Dini and Ashworth
FILE NUMBER 104
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative commission to study the budget formulas and budget format used for the University of Nevada System.
Whereas, Appropriations made for the support of the University of Nevada System constitute a significant proportion of the total state appropriations; and
Whereas, The appropriations made to the University of Nevada System result from the development and application of complex budgetary formulas; 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 budget formulas used for the University of Nevada System, including component parts of the formulas, comparisons with formulas of similar institutions, the relationship of budget formulas to actual expenditure patterns and presentation in an appropriate format for review by the legislature; and be it further
Resolved, That the legislative commission be assisted in this study by the budget division of the department of administration and the various divisions of the University of Nevada System; and be it further
Resolved, That the legislative commission report the results of its study and make appropriate recommendations to the 59th session of the legislature.
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ê1975 Statutes of Nevada, Page 1927ê
Assembly Concurrent Resolution No. 24–Assemblyman Jacobsen
FILE NUMBER 105
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative commission to study the state election laws and to make a report of the results of the study with recommendations for proposed legislation to the next regular session of the legislature.
Whereas, Nothing is more fundamental to the strength of democratic government than the integrity of the election process; and
Whereas, The integrity of the election system is dependent upon the clarity, scope and precision of election laws; and
Whereas, Technological changes and actual usage both point to aspects of existing election law which are in need of reform; and
Whereas, The 1972 study of election laws addressed neither the question of recounts in close elections nor the use of electronic data processing in elections; and
Whereas, Election law is a complex entity of numerous interlocking and interdependent segments which should be changed only after understanding the overall impact of any change; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to make a study of state election law, giving particular attention to the provisions for recounts in certain elections and to the use of electronic data processing in both voting and in counting votes, enlisting in such study the aid of two county election officials and two members of the public familiar with the election laws, from any four counties in the state, and to report the results of that study and recommend any appropriate legislation to the 59th regular session of the legislature of the State of Nevada.
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Assembly Concurrent Resolution No. 33–Assemblymen Wagner, Mann, Hayes, Sena, Ford, Bennett, Heaney, Getto, Schofield, Christensen, Brookman, Hickey, Lowman, Chaney, Wittenberg, Weise, Dreyer, Mello, Jacobsen, Craddock, Vergiels, Barengo and Benkovich
FILE NUMBER 106
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative commission to study skilled nursing facilities.
Whereas, The overall national population, because of lower birth rates and greater longevity, is becoming increasingly older; and
Whereas, The population 65 years of age and over increased by 25 percent from 1960 to 1971; and
Whereas, Federal medical care payments to the elderly have led to a rapid growth over the past 5 years in nursing homes and similar care facilities; and
Whereas, The growth in number of nursing homes across the nation has not in all cases been matched by maintenance in the quality of care provided, and the situation has led in some states to major scandals; and
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ê1975 Statutes of Nevada, Page 1928 (FILE NUMBER 106, ACR 33)ê
Whereas, It is in the interest of all Nevadans, and especially elderly Nevadans, that the quality of institutional care for the elderly in Nevada be examined by the legislature; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission study the quality and availability of skilled nursing care facilities in Nevada and the adequacy of Nevada law for insuring the protection of the health, safety, physical and mental well-being of those individuals accommodated in such facilities; and be it further
Resolved, That a report of the findings and recommendations be submitted to the 59th session of the legislature.
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Assembly Concurrent Resolution No. 47–Assemblymen Getto, Bremner, Howard, Weise, Jacobsen, Demers, Hayes, Dini, Hickey, Lowman, Ford, Wagner, Sena, Young and Craddock
FILE NUMBER 107
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative commission to study the feasibility of providing general funding for the support of the Nevada department of fish and game.
Whereas, The pattern established in the early part of this century in the field of conservation was for hunters and outdoorsmen to support conservation and wildlife programs; and
Whereas, In that era, hunting, camping and enjoyment of wilderness areas was limited to upper income groups; and
Whereas, In an earlier period, it was appropriate that those who enjoyed the outdoors and who hunted animals and birds and fished streams and lakes should shoulder the economic burden of supporting wildlife conservation and management programs; and
Whereas, In modern America, great numbers of us have camping equipment, campers and the time and money to enjoy our outdoor areas; and
Whereas, It has become well recognized that we are all part of a natural life-support system including humans, flora, fauna and the natural elements; and
Whereas, The protection of the natural ecology is of importance to everyone, not just hunters and fishermen, and ever-increasing numbers enjoy the outdoors and its natural residents; and
Whereas, It appears unfair and indefensible that one segment of the population should support through specific fees species and life systems important to everyone and enjoyed by far more than those who presently finance the Nevada department of fish and game; and
Whereas, The present system of funding the Nevada department of fish and game from license fees and federal funds is becoming increasingly inadequate for the purpose of protecting the wildlife of the state; and
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ê1975 Statutes of Nevada, Page 1929 (FILE NUMBER 107, ACR 47)ê
Whereas, The proper and adequate funding methods are not readily apparent, although it is obvious that some changes are in order; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission study the feasibility of general funding to support the Nevada department of fish and game; and be it further
Resolved, That the legislative commission should include on a subcommittee to study this matter representatives of the Nevada department of fish and game; and be it further
Resolved, That the results of the study and any recommended legislation should be reported to the 59th session of the legislature.
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Assembly Concurrent Resolution No. 61–Assemblymen Barengo, Hayes, Banner, Heaney, Hickey, Polish, Sena, Lowman and Wagner
FILE NUMBER 108
ASSEMBLY CONCURRENT RESOLUTION–Designating May 1, 1975, as Law Day in Nevada and requesting all citizens and state officers to join with the Nevada legislature in recognition of Law Day U.S.A.
Whereas, By Presidential Proclamation, May 1 has been declared Law Day U.S.A. since 1958; and
Whereas, May 1 of each year is designated by NRS 236.030 to be Law Day U.S.A.; and
Whereas, The purpose of Law Day U.S.A. is to reaffirm the principle that American government is one of law; and
Whereas, Law Day U.S.A. provides us with an opportunity to rededicate ourselves to the advancement of equality of justice under the law; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature of this state designates May 1, 1975, as Law Day in Nevada; and be it further
Resolved, That the legislature requests all Nevada citizens and state officials to join with them in recognition of Law Day U.S.A. and in rededication to the principles of law which it honors.
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ê1975 Statutes of Nevada, Page 1930ê
Assembly Concurrent Resolution No. 63–Assemblymen Sena, Mann, Young, Banner, Howard, Glover, Lowman, Polish, Harmon, Hayes, Demers, Bennett, Getto, Chaney, Barengo, Ashworth, Jeffrey, Hickey, Dini, Price, Ford, Wagner, Moody, Benkovich, Coulter, May, Jacobsen, Heaney, Dreyer, Christensen, Robinson, Bremner, Craddock, Schofield, Murphy, Vergiels, Wittenberg, Mello and Brookman
FILE NUMBER 109
ASSEMBLY CONCURRENT RESOLUTION–Designating the week of May 4 through May 10, 1975, as Latin America Week in Nevada and honoring the celebration of Cinco de Mayo on May 5, 1975.
Whereas, Cinco de Mayo is one of the great days of Mexican history, commemorating the successful Mexican resistance of an invasion by the French in 1862; and
Whereas, The fifth of May is celebrated both by Mexicans at home and by citizens of Mexican origin who live in foreign countries; and
Whereas, Residents of the Southwest and Nevada particularly enjoy the day through singing and dancing and many other festival activities; and
Whereas, It is appropriate to honor the magnificent traditions and contributions of all Nevadans of Latin American heritage; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 58th session of the legislature of the State of Nevada hereby designate the week of May 4 through May 10, 1975, as Latin America Week in Nevada; and be it further
Resolved, That the Nevada legislature honors the celebration of Cinco de Mayo on May 5, 1975, and pays tribute on that day to the culture and heritage of Nevadans of Mexican origin.
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Senate Concurrent Resolution No. 40–Committee on Judiciary
FILE NUMBER 110
SENATE CONCURRENT RESOLUTION–Authorizing expenditure of no more than $12,500 from the legislative fund to retain counsel on matters relating to licensing of gaming employee representatives.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That expenditures not exceeding $12,500 in the aggregate from the legislative fund are authorized for the purpose of retaining counsel to advise the members of the senate and assembly on matters related to proposals for the licensing of persons and organizations representing employees in the gaming industry; and be it further
Resolved, That such moneys shall be expended only on the approval of:
1. The chairmen of the judiciary committees of the senate and assembly during the legislative session;
2. The legislative commission during the period following adjournment of the 58th session of the legislature.
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ê1975 Statutes of Nevada, Page 1931ê
Senate Concurrent Resolution No. 47–Senator Monroe
FILE NUMBER 111
SENATE CONCURRENT RESOLUTION–Designating the Elko High School “Band of Indians” the official representative of the State of Nevada at the 1976 Rose Bowl Parade.
Whereas, The Elko High School “Band of Indians” is well-known throughout Nevada for its outstanding performances in western parades and other musical events; and
Whereas, The “Band of Indians” has received accolades from universities and musical commentators from many of the western states; and
Whereas, Elko High School’s “Band of Indians” received the first place trophy at the 1971 Marching Contest for Nevada and Northern California; and
Whereas, The “Band of Indians” has provided superior entertainment at functions such as halftime at a ’49ers game, at the University of Nevada at Reno, and at Idaho State University; and
Whereas, Individual members of the Elko High School band have distinguished themselves by winning such honors as being chosen for the Honor Band for the Northeastern Nevada District and the United States of America High School Band; and
Whereas, In 1970, the Elko High School “Band of Indians” earned all first division ratings in playing competition at the Idaho Regional Festival; and
Whereas, In 1973, the “Band of Indians” served as Nevada’s official representative at the Presidential Inaugural Parade in Washington, D.C.; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature hereby designates the Elko High School “Band of Indians” the official representative of the State of Nevada at the 1976 Rose Bowl Parade; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to Mr. Wayne Skeem, “Band of Indians” director at Elko High School.
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Assembly Joint Resolution No. 16 of the 57th Session–Messrs. Torvinen, Fry and Lowman
FILE NUMBER 112
[On Ballot 1976]
ASSEMBLY JOINT RESOLUTION–Proposing 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 further amended by adding thereto a new section to be designated section 19, provided that:
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ê1975 Statutes of Nevada, Page 1932 (FILE NUMBER 112, AJR 16 of the 57th Session)ê
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. 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.
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ê1975 Statutes of Nevada, Page 1933 (FILE NUMBER 112, AJR 16 of the 57th Session)ê
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.
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 his office or habitual intemperance; or
(b) Retired except for advanced age which interferes with the proper performance of his judicial duties, or for mental or physical disability which prevents the proper performance of his judicial duties and which is likely to be permanent in nature.
7. 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.
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ê1975 Statutes of Nevada, Page 1934 (FILE NUMBER 112, AJR 16 of the 57th Session)ê
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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Assembly Joint Resolution No. 18 of the 57th Session–Messrs. Lowman, Fry and Torvinen
FILE NUMBER 113
[On Ballot 1976]
ASSEMBLY JOINT RESOLUTION–Proposing 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, comprising 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.
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ê1975 Statutes of Nevada, Page 1935 (FILE NUMBER 113, AJR 18 of the 57th Session)ê
(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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Senate Joint Resolution No. 5–Senators Brown, Gibson, Dodge, Wilson, Echols, Close, Herr, Neal, Monroe, Blakemore, Walker, Foote, Gojack and Schofield
FILE NUMBER 114
[Return to 1977 Session]
SENATE JOINT RESOLUTION–Proposing to amend section 1 of article 10 of the constitution of the State of Nevada, relating to taxation, by authorizing the imposition of an estate tax not to exceed the credit allowable for such a tax against the federal estate tax, reduced by the amount paid to any other state.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 1 of article 10 of the constitution of the State of Nevada be amended to read as follows:
Section 1. 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.
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ê1975 Statutes of Nevada, Page 1936 (FILE NUMBER 114, SJR 5)ê
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. The legislature may provide by law for the taxation of estates taxed by the United States, but only to the extent of any credit allowed by federal law for the payment of such a state tax. The combined amount of such federal and state taxes shall not exceed the estate tax which would be imposed by federal law alone. If another state of the United States imposes and collects death taxes against an estate which is taxable by the State of Nevada under this section, the amount of estate tax to be collected by the State of Nevada shall be reduced by the amount of death taxes collected by such other state. Any lien for such estate tax shall attach no sooner than the time when the tax is due and payable, and no restriction on possession or use of a decedent’s property shall be imposed by law prior to the time when the tax is due and payable. The State of Nevada shall accept the determination by the United States of the taxable estate without further audit.
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Senate Concurrent Resolution No. 21–Committee on Judiciary
FILE NUMBER 115
SENATE CONCURRENT RESOLUTION–Directing the legislative commission to study the problems of medical malpractice insurance.
Whereas, There is a nationwide problem of doctors and health care providers obtaining malpractice insurance with many of the insurance carriers getting out of malpractice coverage and others increasing premiums by several hundred percent; and
Whereas, A major insurer of Nevada doctors has elected to leave the malpractice field this year; and
Whereas, The problems related to obtaining malpractice insurance have been studied by a special committee of the 58th session and that committee has made recommendations to ameliorate some of the problems; and
Whereas, The malpractice problem in Nevada is presently in a state of transition with the exact dimensions of a number of the problems unclear; and
Whereas, The several legislative proposals concerning medical malpractice insurance should be watched closely over the next 2 years in order to gauge their adequacy and to determine what other solutions might be necessary so as to avoid another crisis situation for the legislature; now, therefore, be it
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ê1975 Statutes of Nevada, Page 1937 (FILE NUMBER 115, SCR 21)ê
might be necessary so as to avoid another crisis situation for the legislature; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission study the ongoing problem of medical malpractice insurance, in particular assessing the effectiveness of legislation enacted on the subject by the 58th session of the legislature and recommending other changes deemed necessary to ensure high quality health care in Nevada; and be it further
Resolved, That the committee appointed to make such study shall include those members of the legislature most involved in the study of malpractice during the 58th session of the legislature and the insurance commissioner of the State of Nevada as well as members of the medical, legal and insurance professions at the discretion of the commission; and be it further
Resolved, That the legislative commission report the results of such study to the 59th session of the legislature and recommend appropriate legislation.
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Senate Concurrent Resolution No. 33–Committee on Finance
FILE NUMBER 116
SENATE CONCURRENT RESOLUTION–Directing the legislative commission to study the feasibility of permitting or requiring public employers to pay the entire amount required to provide for employees’ retirement.
Whereas, Various proposals have been made in committee hearings upon the financing of public employees’ retirement, either to require or to permit the public employer to make on behalf of its employees the contribution now required of them to the public employees’ retirement system; and
Whereas, This concept is attractive in the context of providing additional benefits to enhance the attractiveness of public employment while attempting to mitigate the financial burden on public employees imposed by the constantly rising cost of living; but
Whereas, The fiscal impact of such a change with its related effect upon the withdrawability of contributions is complex and the administrative feasibility of a mixed system (where only certain employers would make such payments) is undetermined; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is directed to study the feasibility of payment by the public employer of all contributions required to provide for public employees’ retirement, in lieu of the present system of joint contribution, including specifically:
1. Whether it is administratively feasible to make such payment elective on the part of the public employer, or whether all employers must be treated uniformly with respect to contribution; and
2. The fiscal impact of elective payment (if feasible) and mandatory payment of total retirement costs upon the respective classes of public employers, state and local, and the requisite total rates of contribution; and be it further
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ê1975 Statutes of Nevada, Page 1938 (FILE NUMBER 116, SCR 33)ê
employers, state and local, and the requisite total rates of contribution; and be it further
Resolved, That the legislative commission report the results of its study, with any recommended legislation, to the 59th session of the legislature.
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Senate Concurrent Resolution No. 49–Senators Sheerin, Blakemore, Dodge, Raggio, Young, Close, Monroe, Wilson, Brown, Gibson, Herr, Walker, Bryan, Hilbrecht, Echols and Gojack
FILE NUMBER 117
SENATE CONCURRENT RESOLUTION–Memorializing the late jurist, Judge Kenneth L. “Pat” Mann.
Whereas, It is with sorrow that the members of the 58th session of the Nevada legislature note the death of District Judge Kenneth L. Mann of Tonopah; and
Whereas, Judge Mann, known to his friends and colleagues as “Pat,” was born in Utah and lived most of his life in Nevada; and
Whereas, Judge Mann spent more than 10 years as a resident of Mineral County and as a college student worked in the mines in Esmeralda, Mineral and Nye counties; and
Whereas, Judge Mann was a graduate of the University of Nevada and later graduated from Stanford Law School; and
Whereas, During World War II, he served with the U.S. Army in the Pacific Theater; and
Whereas, Judge Mann began his legal career with a private law practice in Elko and later served as district attorney of Eureka County; and
Whereas, Judge Mann specialized in the fields of water, mining, grazing and ranching law and served as legal counsel to the Nevada Cattlemen’s Association and the Nevada Wool Growers Association; and
Whereas, His professional activities included membership in the American Bar Association, board of governors of the State Bar Association and State Board of Bar Examiners; and
Whereas, Kenneth Mann ended his distinguished legal career as Fifth Judicial District Court Judge, which position he held from 1967 until his recent death; and
Whereas, Judge Mann will be remembered not only for his outstanding contributions to Nevada in the field of law, but also as an energetic citizen and devoted family man; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 58th session of the Nevada legislature extend their sincere condolences to the family of Judge Kenneth L. “Pat” Mann; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the widow and surviving family of the late Judge Kenneth Mann.
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ê1975 Statutes of Nevada, Page 1939ê
Assembly Concurrent Resolution No. 65–Assemblymen Brookman, Banner, Getto, Moody, Barengo, Glover, Murphy, Benkovich, Harmon, Polish, Bennett, Hayes, Price, Bremner, Heaney, Robinson, Chaney, Hickey, Schofield, Christensen, Howard, Sena, Coulter, Jacobsen, Vergiels, Craddock, Jeffrey, Wagner, Demers, Lowman, Weise, Dini, Mann, Wittenberg, Dreyer, May, Young, Ford, Mello and Ashworth
FILE NUMBER 118
ASSEMBLY CONCURRENT RESOLUTION–Recognizing the month of May as “Older American’s Month” in Nevada.
Whereas, The wealth and strength of any nation is composed in part of the collective wisdom and experience of its older citizens; and
Whereas, A measure of the strength of the fabric of culture of a society is the extent to which that society honors and recognizes its older generation; and
Whereas, Older Americans have skills, knowledge and experience of great value to American society in general and to each of us as individuals; and
Whereas, In the press and rush of events, many of us forget the debt we owe to those who have preceded us and who have made possible many of the good things of life that we as Americans take for granted; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature hereby recognizes May as “Older American’s Month” in Nevada and in so doing recognizes and honors our older Nevadans; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the state director of the American Association of Retired People-National Retired Teachers Association, Mr. William McCullough of Boulder City.
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Assembly Resolution No. 29–Committee on Legislative Functions
FILE NUMBER 119
ASSEMBLY RESOLUTION–Providing for the appointment of an additional assembly attache.
Resolved by the Assembly of the State of Nevada, That the following person be, and she hereby is, elected as an additional attache of the assembly for the 58th session of the legislature of the State of Nevada: Nita C. Freeman.
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ê1975 Statutes of Nevada, Page 1940ê
Assembly Joint Resolution No. 26–Assemblymen Heaney, Coulter, Christensen, Benkovich, Barengo, Wagner, Mello, Murphy, Wittenberg and Weise
FILE NUMBER 120
ASSEMBLY JOINT RESOLUTION–Memorializing the President, the Secretary of State and Congress to undertake negotiations with Canada to stabilize the price of natural gas.
Whereas, Substantial amounts of natural gas are consumed in the State of Nevada for residential, commercial and industrial purposes; and
Whereas, Approximately 70 percent of the natural gas used in Northern Nevada is imported from Canada and since October 1, 1973, the price of natural gas imported from Canada to the United States has tripled in cost from 33 cents per thousand cubic feet to $1 per thousand cubic feet, with most of this increase attributable to increased Canadian taxes; and
Whereas, In addition to drastic increases in price, the supply of natural gas from Canada has fallen approximately 50 percent below contract levels during some winter months since October 1973; and
Whereas, Public utilities that use natural gas to produce power must substitute oil which is double the cost of the energy equivalent amount of natural gas such cost increases being passed on to all electric power customers as higher rates; and
Whereas, Commercial contracts should be honored and prices should be governed by economic considerations rather than political ones; and
Whereas, The citizens of Nevada and many other Americans have become victims of political economics which has threatened our supply of natural gas and artificially raised its price; and
Whereas, The external relations of the United States under Article II, Section 2 of the Constitution of the United States are the responsibility of the President and his chief officer for foreign affairs, the Secretary of State; and
Whereas, The Congress is the voice of the people which is responsible for making known and answering the troubles and vicissitudes of the states and their citizens; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature hereby respectfully memorializes the President, the Secretary of State and the Congress of the United States to take the steps necessary to bring about negotiations with Canada to stabilize the price of natural gas, to insure its availability and to establish the principle that the future price of natural gas will be based upon sound economic factors; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the President, the Secretary of State, the Vice President as presiding officer of the Senate, the Speaker of the House of Representatives and 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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ê1975 Statutes of Nevada, Page 1941ê
Assembly Concurrent Resolution No. 14–Assemblymen Dini, Ford, Murphy, Benkovich, Getto, Coulter, Barengo, Wagner, Heaney, Hayes and Hickey
FILE NUMBER 121
ASSEMBLY CONCURRENT RESOLUTION–Directing legislative commission to cause the director of the legislative counsel bureau to conduct a review of regulations of agencies of the executive branch of the state government.
Whereas, The Nevada Administrative Procedure Act authorizes certain agencies of the executive branch of state government to adopt reasonable regulations to aid them in carrying out their functions assigned by law and to adopt such other regulations as are necessary to the proper execution of those functions; and
Whereas, The regulations adopted by agencies, if adopted and filed in accordance with the Nevada Administrative Procedure Act, have the force of law; and
Whereas, All regulations adopted and used by an agency in the discharge of its function shall be available for public inspection; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission cause the director of the legislative counsel bureau to conduct a review in order to determine:
1. The agencies that have regulations in force;
2. The method used by such agencies in adopting, amending or repealing regulations;
3. The availability of the agencies’ regulations to the general public; and
4. The content of existing regulations to determine whether they are in conformance with legislative policy; and be it further
Resolved, That the director of the legislative counsel bureau report his findings to the legislative commission; and be it further
Resolved, That the legislative commission report the results of such review and submit appropriate recommendations and suggested legislation to the 59th session of the Nevada legislature.
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Assembly Concurrent Resolution No. 49–Committee on Judiciary
FILE NUMBER 122
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative commission to study training, qualifications, workloads and leave policies of supreme court justices, district court judges, justices of the peace, municipal court judges and district attorneys.
Whereas, The right to a speedy trial in criminal cases is an axiom of the American system of jurisprudence which is embodied in the Sixth Amendment to the Constitution of the United States of America; and
Whereas, In order to insure fair and just adjudication in courts of law, high standards of professionalism and adequate training in the law must be encouraged at all levels of the judicial system in Nevada; and
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ê1975 Statutes of Nevada, Page 1942 (FILE NUMBER 122, ACR 49)ê
Whereas, Rapid population growth, expanding wealth and economic activity, increasing mobility and use of automobiles, as well as rising crime rates, all contribute to overburdened courts and concomitant delays in judicial decisionmaking; and
Whereas, Increasing workloads for judicial personnel in Nevada may affect the quality of justice in our state; and
Whereas, At the present time, Nevada lacks comprehensive judicial statistics which are essential to the process of evaluating and improving our present court system; and
Whereas, A 1973 survey by the American Judicature Society disclosed that Nevada, among a number of other states, has no continuing system for providing evaluation and prediction of needs for increases in the judiciary; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission study the training, qualifications, workloads and leave policies of supreme court justices, district court judges, justices of the peace, municipal court judges and district attorneys; and be it further
Resolved, That the legislative commission report the results of such study to the 59th session of the legislature, together with recommendations for any necessary and appropriate legislation.
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Senate Concurrent Resolution No. 50–Senator Raggio
FILE NUMBER 123
SENATE CONCURRENT RESOLUTION–Memorializing the late Judge Emile Justin Gezelin.
Whereas, Washoe County and the State of Nevada have lost a wise and diligent legal servant with the death of Judge Emile Justin Gezelin; and
Whereas, Judge Gezelin was born in San Francisco in 1915 and spent most of his life in Nevada until his sudden and unfortunate demise on August 1, 1973; and
Whereas, Judge Gezelin received his M.A. degree from the University of Nevada and earned his law degree at Hastings College of Law in California; and
Whereas, Judge Gezelin served as chief deputy district attorney in Washoe County from 1952 to 1959 and was appointed to the second judicial district court bench in 1967 where he served until his death in 1973; and
Whereas, At the time of his death, Judge Gezelin was presiding juvenile judge in Washoe district court and had recently been appointed chairman of the convention committee of the National Council of Juvenile Court Judges; and
Whereas, Judge Gezelin made significant contributions to the legal profession as president of the Nevada State Bar Association in 1965, as a member of the American Judicature Society, as a member of the Nevada commission on crime, delinquency and corrections, as a member of the board of regents of the International Academy of Trial Judges and as a Nevada delegate to the National Conference of State Trial Judges; and
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ê1975 Statutes of Nevada, Page 1943 (FILE NUMBER 123, SCR 50)ê
member of the American Judicature Society, as a member of the Nevada commission on crime, delinquency and corrections, as a member of the board of regents of the International Academy of Trial Judges and as a Nevada delegate to the National Conference of State Trial Judges; and
Whereas, Judge Gezelin also served Nevada as a school teacher in Eureka County and as an elected member of the state board of education for 12 years; and
Whereas, Judge Emile Gezelin was most frequently characterized by his friends and colleagues as “one of the hardest working and most competent judges Washoe County has ever known”; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 58th session of the Nevada legislature extend their sincere condolences to the family of Judge Emile Justin Gezelin; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the widow and surviving family of the late Judge Emile Justin Gezelin.
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Assembly Joint Resolution No. 30–Committee on Taxation
FILE NUMBER 124
ASSEMBLY JOINT RESOLUTION–Memorializing the President of the United States and the United States International Trade Commission not to reduce the present tariff on imported barite.
Whereas, Barite is a nonmetallic mineral (BaSO4), produced by mining and milling; and
Whereas, Barite is used extensively for the muds in the drilling of oil and gas wells, for preparation of barium compounds as a filler for certain types of paper, cloth and phonograph records, as a white pigment, as an inert body in colored paints and is used in the production of glass; and
Whereas, The United States is the largest consumer of barite in the world; and
Whereas, Nevada produces an estimated 61 percent of the domestic supply of barite, some 675,000 tons in 1974, valued at $6,800,000; and
Whereas, Eleven companies in Nevada employ an estimated 500 workers in the production and processing of barite; and
Whereas, Even though the United States has imposed a tariff of $1.27 per ton on imported barite, this nation nevertheless imports 800,000 tons of barite per year; and
Whereas, To encourage this basic resource industry and keep its attendant benefits and to protect it from foreign competition, a protective tariff at the level of $1.27 per ton is required; and
Whereas, Because of high production costs, including that of transportation, Nevada’s barite industry is sensitive to marginal price fluctuations; and
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ê1975 Statutes of Nevada, Page 1944 (FILE NUMBER 124, AJR 30)ê
Whereas, The United States International Trade Commission is presently holding hearings to consider whether to recommend that the President of the United States should reduce the tariff to $0.50 per ton; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the President of the United States not reduce the tariff on imported barite and that the United States International Trade Commission not recommend such action; and be it further
Resolved, That, in recognition of the current United States balance of payments difficulties and the strategic importance of all components of petroleum production, the President and the Commission review the probable effects of the proposed tariff reduction; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the President of the United States, the United States International Trade Commission and 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. 37–Select Committee on Utilities
FILE NUMBER 125
ASSEMBLY JOINT RESOLUTION–Memorializing Congress to refuse to enact certain parts of the proposed Energy Independence Act of 1975.
Whereas, The overall effects of Title VII of the proposed Energy Independence Act of 1975 (S. 594, H.R. 2633 and H.R. 2650) will be to raise electric utility rates by approximately 20 percent, such increase being well in excess of that needed to maintain a viable electric utility industry; and
Whereas, State regulatory utility commissions exist to perform a careful analysis of utility rate and service problems in orderly, democratic hearings that protect the public, consumer, producer and investor interests and are able to take local conditions and special circumstances into account in arriving at rate and service decisions; and
Whereas, The rate-setting flexibility of state commissions is dependent upon their ability to conduct rate proceedings over the time required, by their rights to allow or disallow fuel adjustment clauses, by their ability to investigate and experiment with peak load pricing, by their ability to decide what costs of construction and environmental protection equipment should be part of the rate base and by their right to determine the accounting methods appropriate in each state; and
Whereas, All of these components of flexibility will be endangered, if not completely eliminated, in the proposed Energy Independence Act of 1975; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature hereby memorializes the Congress of the United States to amend the proposed Energy Independence Act of 1975, especially at Title VII, to eliminate provisions that would take traditional public utilities regulatory power away from the states; and be it further
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ê1975 Statutes of Nevada, Page 1945 (FILE NUMBER 125, AJR 37)ê
Title VII, to eliminate provisions that would take traditional public utilities regulatory power away from the states; and be it further
Resolved, That the legislature believes that the answer to increasing electric rates is control of inflation and restored vitality to the economy, especially the securities market, rather than increased federal control; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and 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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Senate Joint Resolution No. 21–Committee on Transportation
FILE NUMBER 126
SENATE JOINT RESOLUTION–Urging the United States Secretary of Transportation to designate to the State of Nevada the additional mileage necessary to construct the Interstate 15 Spur in the Las Vegas Valley.
Whereas, The Las Vegas Valley of Nevada, an area of rapid growth, is the site of major tourist and industrial developments and the location of key defense installations; and
Whereas, The completion of the Interstate 15 Spur is an essential element in the continued orderly development in the area and an integral part of existing regional transportation plans; and
Whereas, The projected construction of the Interstate 15 Spur has enjoyed the unanimous approval of both state and local public officials and the overwhelming support of affected citizenry; and
Whereas, The Interstate 15 Spur, as proposed, meets all criteria set forth by the Federal Highway Administration for eligibility to receive such withdrawn interstate mileage; and
Whereas, Similar applications in the past for extension of the Interstate System in the State of Nevada have never received approval, thus making this state one of only seven in the contiguous 48 states not having been authorized at least one extension to the Interstate System; and
Whereas, The construction of the Interstate 15 Spur will be delayed indefinitely unless federal funding is provided through approval by the United States Secretary of Transportation of additional interstate mileage for the State of Nevada; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature of the State of Nevada hereby urges the United States Secretary of Transportation to give the highest priority for approval of the Interstate 15 Spur as an addition to Nevada’s interstate freeway system; and be it further
Resolved, That as soon as sufficient interstate mileage becomes available under provisions of 23 U.S.C. § 103(e)(4), the mileage be allocated to Nevada for completion of the Interstate 15 Spur in Las Vegas; and be it further
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ê1975 Statutes of Nevada, Page 1946 (FILE NUMBER 126, SJR 21)ê
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the United States Secretary of Transportation, to the Administrator of the Federal Highway Administration, the Chairmen of the Public Works Committees of the United States Senate and House of Representatives, and the congressional delegation of the State of Nevada; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Joint Resolution No. 41–Committee on Agriculture
FILE NUMBER 127
ASSEMBLY JOINT RESOLUTION–Urging the President, Congress and federal land management agencies to authorize and implement predator control management on federal lands in Nevada.
Whereas, The National Administration and Congress have called upon farmers and ranchers of the United States to produce enough food to assure abundant food at reasonable prices in this country; and
Whereas, The farmers and ranchers are called upon to produce sufficient food for domestic needs and, in addition, to provide vast amounts for export to foreign countries to feed millions of starving people; and
Whereas, Export of food appears to be the most feasible means of balancing the trade deficit and reducing the outward drain of American dollars; and
Whereas, Federal land resources in the western United States present an abundant opportunity for increased production of lamb and beef; and
Whereas, This production is severely limited because of federal restrictions on the use of sound management procedures for the control of predators; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature of the State of Nevada hereby respectfully urges the President of the United States, Congress, the Bureau of Land Management, and the Forest Service to authorize and implement predator control management policies on federal lands in Nevada, such predator control measures to be comparable to those which have been proven necessary on private lands in Nevada; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the President of the United States, to the Vice President of the United States as presiding officer of the Senate, to the Speaker of the House of Representatives, to all members of the Nevada congressional delegation, to the Director of the Bureau of Land Management and to the Chief of the Forest Service; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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ê1975 Statutes of Nevada, Page 1947ê
Assembly Joint Resolution No. 31–Select Committee on Utilities
FILE NUMBER 128
ASSEMBLY JOINT RESOLUTION–Memorializing Congress to amend the Internal Revenue Code to allow the issuance of tax-free capital improvement bonds for public utilities.
Whereas, The adequate and reasonable provision of gas electric power and other public utilities is an absolute essential of modern society; and
Whereas, The goal of energy independence for the nation is directly related to the ability of public utilities to modernize plants, convert plants to cheaper fuels and to build nuclear plants; and
Whereas, All of these goals in addition to expansion to meet normal growth requires the investment of large sums of capital, for electricity alone estimated at $140 billion through 1980; and
Whereas, The rising costs of fuel, the pressures of inflation and the strong demands by consumers for a halt in rate hikes has created a situation of dropping profits and a concomitant reluctance of investors to purchase public utilities bond issues; and
Whereas, The failure to attract investment capital for plant expansion and construction will have a direct and deleterious impact upon meeting national energy goals; and
Whereas, The Congress has recognized the public benefits of water and sewer utilities and air and water pollution control faculties and provided that bonds issued for these purposes may be tax exempt; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature of the State of Nevada hereby respectfully memorializes the Congress of the United States to amend the Internal Revenue Code at 26 U.S.C. § 103 to provide that capital improvement bonds for all public utilities may be tax exempt; and be it further
Resolved, That copies of this resolution be prepared by the legislative counsel and transmitted forthwith to the Vice President as presiding officer of the Senate, 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. 24–Assemblymen Hickey, May, Mann, Price, Vergiels, Bennett and Chaney
FILE NUMBER 129
ASSEMBLY JOINT RESOLUTION–Memorializing Congress to provide for the Veterans’ Administration to contract with hospitals in local communities to provide care to veterans.
Whereas, A large part of the millions of American veterans live at considerable distance from Veterans’ Administration medical facilities; and
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ê1975 Statutes of Nevada, Page 1948 (FILE NUMBER 129, AJR 24)ê
Whereas, Hospitalization far from one’s home is a financial and an emotional hardship; and
Whereas, In many communities today there exists excess hospital bed capacity; and
Whereas, It is far cheaper to the taxpayers in the long run to have the Veterans’ Administration contract to use excess hospital capacity than to build or expand veterans’ hospitals; and
Whereas, The Veterans’ Administration is presently authorized to contract with state homes for nursing care of veterans; and
Whereas, The Veterans’ Administration is authorized to pay for emergency care to veterans in nongovernment hospitals; 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 expand the authority of the Veterans’ Administration to allow it to contract for hospital care for veterans with service-connected or nonservice-connected disabilities in local communities; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President as presiding officer of the Senate, 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. 20–Assemblyman Heaney
FILE NUMBER 130
ASSEMBLY JOINT RESOLUTION–Memorializing Congress, the Secretary of the Interior, the Director of the Bureau of Land Management and the Chief of the Division of Technical Services of the Nevada office of the Bureau of Land Management to keep federal lands in Nevada open for multiple use by the public, whenever such use is compatible with the public’s general recreational enjoyment of said federal lands.
Whereas, Public lands in America represent our national heritage and should be used to provide the maximum benefit to its owners, the general public; and
Whereas, Public lands in the West are the last stronghold of unfettered recreational opportunity in the wide-open spaces of our nation; and
Whereas, Mining and agriculture have long been regarded as prime industries in the State of Nevada; and
Whereas, There is a growing demand by the general public for open space for hunting, fishing, camping, hiking and other outdoor recreational pursuits; and
Whereas, Nevadans historically have utilized and enjoyed these lands for both their recreational value and their economic productivity; and
Whereas, Nevada is in the unique position of having approximately 86 percent of its land federally controlled; and
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ê1975 Statutes of Nevada, Page 1949 (FILE NUMBER 130, AJR 20)ê
Whereas, In the past, federal lands and resources have, at various times, been withheld from general public use without establishing long-range use objectives; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the United States Congress, the Secretary of the Interior, the Director of the Bureau of Land Management and the Chief of the Division of Technical Services of the Nevada office of the Bureau of Land Management are hereby memorialized to recognize both the recreational value and economic productivity of federal lands in Nevada; and be it further
Resolved, That the concept of multiple use of federal lands in Nevada be preserved, whenever such multiple use is determined to be feasible and consistent with the land and wildlife capabilities to absorb human use; and be it further
Resolved, That the public’s right of use and enjoyment of federal lands in Nevada shall not be infringed upon by fencing off or otherwise blocking access to such lands, except to the extent necessary for protection of livestock, protection of the public, or other compelling reasons; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives, all members of the Nevada congressional delegation, the Secretary of the Interior, the Director of the Bureau of Land Management, and the Chief of the Division of Technical Services of the Nevada office of the Bureau of Land Management; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Joint Resolution No. 17–Assemblymen Heaney, Getto, Dini, Weise, Mello and Jacobsen
FILE NUMBER 131
ASSEMBLY JOINT RESOLUTION–Memorializing the Congress of the United States and the Bureau of Sport Fisheries and Wildlife of the United States Department of the Interior to take action to assure that sufficient water from the Truckee and Carson Rivers is available now and in the future to preserve the Stillwater National Wildlife Refuge.
Whereas, The Stillwater Wildlife Management Area and Carson Lake area have traditionally provided a sanctuary for migratory waterfowl and supported a large percentage of Nevada’s nongame wetland associated wildlife; and
Whereas, In years past Stillwater National Wildlife Refuge harbored the largest nesting areas in the United States for the rare white-faced glossy ibis; and
Whereas, In 1973 the Department of the Interior reduced water allocation to the Truckee-Carson Irrigation District thereby creating an emergency situation by drying up the marshes of the Stillwater Wildlife Management Area and Carson Lake which are absolutely vital to the continued existence of this national preserve for wetland wildlife species; and
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ê1975 Statutes of Nevada, Page 1950 (FILE NUMBER 131, AJR 17)ê
Management Area and Carson Lake which are absolutely vital to the continued existence of this national preserve for wetland wildlife species; and
Whereas, Since 1973 total waterfowl production has fallen 88 percent at Carson Lake and over 50 percent at the Stillwater Wildlife Management Area; and
Whereas, The nesting of white-faced ibis in the area has ceased completely; and
Whereas, It is in the public interest to preserve and protect this refuge for water associated wildlife; and
Whereas, Stillwater National Wildlife Management Area is jointly managed by the Bureau of Sport Fisheries and Wildlife in the Department of the Interior and the Nevada department of fish and game; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature of the State of Nevada hereby respectfully memorializes the Congress of the United States and the Department of the Interior:
1. To take immediate action to release sufficient water to preserve and protect the waterfowl, fish and wildlife habitat in the Stillwater National Wildlife Refuge and Carson Lake areas;
2. That steps be taken by the Congress and Department of the Interior to plan for and assure an adequate flow of fresh water during the winter months so that the Stillwater National Wildlife Refuge can be maintained now and in the future as a habitat for waterfowl and other wildlife in the Fallon area of Nevada; and
3. That such planning and water allocation shall in no way diminish or otherwise impair existing or future water rights of agricultural users of water from the Truckee-Carson Irrigation District in the Fallon, Nevada area;
and be it further
Resolved, That copies of this resolution be 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, to members of the Nevada congressional delegation, to the Bureau of Sport Fisheries and Wildlife of the Department of the Interior and to the Secretary of the Interior; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Joint Resolution No. 27–Committee on Judiciary
FILE NUMBER 132
[To be returned to 1977 legislature]
ASSEMBLY JOINT RESOLUTION–Proposing to amend Nevada constitution to provide for retention in or recall to service of certain judicial officers under terms and conditions set by the legislature.
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 which shall read as follows:
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ê1975 Statutes of Nevada, Page 1951 (FILE NUMBER 132, AJR 27)ê
Notwithstanding other provisions of this article relating to the election and tenure of judges, the legislature shall have the power to declare the terms and conditions under which a district judge, or a justice of the supreme court or of any appellate court who meets prevailing legislatively declared standards for judicial retirement may be retained in or recalled to service in the state’s judiciary as a senior judge or justice, to perform such assignments and judicial duties in the courts of this state and its subdivisions as the supreme court’s chief justice may determine are within his capabilities.
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Assembly Joint Resolution No. 36–Assemblymen Barengo, Hayes, Sena, Wagner, Heaney, Lowman, Banner, Polish and Hickey
FILE NUMBER 133
[To be returned to 1977 legislature]
ASSEMBLY JOINT RESOLUTION–Proposing to amend the constitution of the State of Nevada by empowering the legislature to fix the limit of original jurisdiction of the justices’ courts and the related appellate jurisdiction of the district courts and supreme court.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That sections 4, 6 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; also in all other civil cases not included in the general subdivisions of law and equity,] civil cases arising in district courts, and also on questions of law alone in all criminal cases in which the offense charged is within the original jurisdiction of the district courts. The court shall also have power to issue writs of mandamus, certiorari, prohibition, quo warranto, and habeas corpus and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the justices shall have power to issue writs of habeas corpus to any part of the state, upon petition by, or on behalf of, any person held in actual custody, and may make such writs returnable, before himself or the supreme court, or before any district court in the state or before any judge of said courts.
In case of the disability or disqualification, for any cause, of the chief justice or either of the associate justices of the supreme court, or any two of them, the governor is authorized and empowered to designate any district judge or judges to sit in the place or places of such disqualified or disabled justice or justices, and said judge or judges so designated shall receive their actual expense of travel and otherwise while sitting in [said] the supreme court.
[Sec:] Sec. 6. The District Courts in the several Judicial Districts of this State shall have original jurisdiction in all [cases in equity; also in all cases at law which involve the title or the right of possession to, or the possession of real property, or Mining claims, or the legality of any tax, impost, assessment, toll or municipal fine, and in all other cases in which the demand (exclusive of interest) or the value of the property in controversy, exceeds Three Hundred Dollars, also in all cases relating to the estates of deceased persons, and the persons and estates of Minors and insane persons, and of the action of forcible entry and unlawful detainer; and also in all criminal cases not otherwise provided for by law;] cases excluded by law from the original jurisdiction of justices’ courts.
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ê1975 Statutes of Nevada, Page 1952 (FILE NUMBER 133, AJR 36)ê
all cases at law which involve the title or the right of possession to, or the possession of real property, or Mining claims, or the legality of any tax, impost, assessment, toll or municipal fine, and in all other cases in which the demand (exclusive of interest) or the value of the property in controversy, exceeds Three Hundred Dollars, also in all cases relating to the estates of deceased persons, and the persons and estates of Minors and insane persons, and of the action of forcible entry and unlawful detainer; and also in all criminal cases not otherwise provided for by law;] cases excluded by law from the original jurisdiction of justices’ courts. They shall also have final appellate jurisdiction in cases arising in Justices Courts, and such other inferior tribunals as may be established by law. The District Courts, and the Judges thereof shall have power to issue writs of Mandamus, Injunction, Quo-Warranto, Certiorari, and all other writs proper and necessary to the complete exercise of their jurisdiction; and also shall have power to issue writs of Habeas Corpus on petition by, or on behalf of any person held in actual custody in their respective districts.
[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 on the first Monday of January, 1979.
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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ê1975 Statutes of Nevada, Page 1953ê
Senate Concurrent Resolution No. 30–Committee on Government Affairs
FILE NUMBER 134
SENATE CONCURRENT RESOLUTION–Directing the legislative commission to study the records retention procedures of local governments.
Whereas, Chapter 239 of NRS provides records retention and management procedures for the state and local governments; and
Whereas, That chapter in large part dates from the last century with patchwork amendments over the years; and
Whereas, It is essential that certain local government records be retained and available to the public; and
Whereas, Technology now allows filming of records which facilitates storage as well as retention and which allows destruction of bulky, space-taking original records; and
Whereas, Chapter 239 of NRS is inconsistent with recognized records retention practice and technology; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission study records retention in Nevada, such study to include a review of present local government records retention policy and a review of chapter 239 of NRS; and be it further
Resolved, That the results of the study and any recommended legislation be submitted to the 59th session of the legislature.
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Senate Concurrent Resolution No. 31–Committee on Government Affairs
FILE NUMBER 135
SENATE CONCURRENT RESOLUTION–Directing legislative commission to study intergovernmental payments.
Whereas, State, local and federal governments are enmeshed in a web of fiscal relationships; and
Whereas, Federal money goes to states, to local governments through states and to local governments directly; and
Whereas, State money goes to counties, to cities through counties and to cities directly; and
Whereas, Money collected by local governments from fines, fees and taxes are transferred to state government; and
Whereas, There are very likely administrative inefficiencies present in a system of uncoordinated money transfers from several programs; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission study the intergovernmental transfers of money with the intent of assessing the possibility of using offsetting entries as opposed to actually transferring funds; and be it further
Resolved, That the results of the study and any recommended legislation be reported to the 59th session of the legislature.
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ê1975 Statutes of Nevada, Page 1954ê
Senate Concurrent Resolution No. 35–Senators Blakemore, Gibson, Dodge and Herr
FILE NUMBER 136
SENATE CONCURRENT RESOLUTION–Directing the legislative commission to study the various possible means whereby the citizens of Nevada may derive greater benefit from the public lands within the state retained by the Federal Government.
Whereas, The State of Nevada has a strong moral claim upon the public land within its borders retained by the Federal Government, because:
1. On October 31, 1864, the Territory of Nevada was admitted to statehood on the condition that it forever disclaimed all right and title to unappropriated public land within its boundaries;
2. From 1850 to 1894, newly admitted states received 2 sections of each township for the benefit of common schools, which in Nevada amounted to 3.9 million acres;
3. In 1880 Nevada agreed to exchange its 3.9 million acre school grant for 2 million acres of its own selection from public land in Nevada held by the Federal Government;
4. At the time the exchange was deemed necessary because of an immediate need for public school revenues and because the majority of the original federal land grant for common schools remained unsurveyed and unsold;
5. Unlike certain other states, such as New Mexico, Nevada received no land grants from the Federal Government when it occupied the status of a territory;
6. Nevada received no land grants for insane asylums, schools of mines, schools for the blind and deaf and dumb, normal schools, miners’ hospitals or a governor’s residence as did states such as New Mexico; and
7. Nevada thus received the least amount of land, 2,572,478 acres, and the smallest percentage of its total area, 3.9 percent, of the far west land grant states admitted after 1864, while states of comparable location and soil condition, namely, Arizona, New Mexico and Utah, received approximately 11 percent of their total area in federal land grants; and
Whereas, The State of Nevada has a legal claim to the public land within its borders retained by the Federal Government because:
1. In the case of the State of Alabama, a renunciation of claim to unappropriated lands similar to that contained in the ordinance adopted by the Nevada constitutional convention was held by the Supreme Court of the United States to be “void and inoperative” because it denied to Alabama “an equal footing with the original states” in Pollard v Hagan, 44 U.S. (3 How.) 212 (1845);
2. The State of Texas, when admitted to the Union in 1845, retained ownership of all unappropriated land within its borders, setting a further precedent which inured to the benefit of all states admitted later “on an equal footing”; and
3. The Northwest Ordinance of 1787, adopted into the Constitution by the reference of Article VI to prior engagements of the Confederation, first proclaimed the “equal footing” doctrine, and the Treaty of Guadelupe Hidalgo by which the territory including Nevada was acquired from Mexico, which is “the supreme law of the land” by virtue of Article VI, affirms it expressly as to the new states to be organized therein; and
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ê1975 Statutes of Nevada, Page 1955 (FILE NUMBER 136, SCR 35)ê
Mexico, which is “the supreme law of the land” by virtue of Article VI, affirms it expressly as to the new states to be organized therein; and
Whereas, The exercise of broader control by the State of Nevada over the public lands within its borders would be of great public benefit because:
1. Federal holdings in the State of Nevada constitute 86.7 percent of the area of the state, and in Esmeralda, Lincoln, Mineral, Nye and White Pine counties the Federal Government owns from 97 to 99 percent of the land;
2. Federal jurisdiction over the public domain is shared among 17 federal agencies or departments which adds to problems of proper management of land and disrupts the normal relationship between a state, its residents and its property;
3. None of the federal lands in Nevada are taxable and Federal Government activities are extensive and create a tax burden for the private property owners of Nevada who must meet the needs of children of Federal Government employees, as well as provide other public services;
4. Under general land laws only 2.1 percent of federal lands in Nevada have moved from federal to private ownership; and
5. Federal administration of the retained public lands, which are vital to the livestock and mining industries of the state and essential to meet the recreational needs of its citizens, has been of uneven quality and sometimes arbitrary and capricious; and
Whereas, Each of these sets of facts raises issues of great legal and economic complexity which require careful and deliberate study; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is directed to study the several possible approaches to the problem of securing a greater degree of control by the State of Nevada over the public lands within its borders for the common benefit of its citizens, which may include:
1. Application to the Congress of the United States for an additional land grant;
2. Application to the Congress of the United States for greater participation by the state in the administration of the retained lands; and
3. Legal action by the state to vindicate its claim to all the public lands,
or any combination of these measures or of other measures to be devised; and be it further
Resolved, That the legislative commission submit its report and recommendations to the 59th session of the legislature.
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ê1975 Statutes of Nevada, Page 1956ê
Senate Concurrent Resolution No. 37–Committee on Legislative Functions
FILE NUMBER 137
SENATE CONCURRENT RESOLUTION–Directing the legislative commission to study problems related to the state permanent school fund.
Whereas, Section 3 of article II of the constitution of the State of Nevada pledges proceeds from certain sources for educational purposes and specifies that they not be used for other purposes; and
Whereas, Chapter 387 of the Nevada Revised Statutes provides a framework for the administration of these proceeds within a fund known as the state permanent school fund; and
Whereas, The legislative commission directed that a financial postaudit of the state permanent school fund be accomplished by the legislative auditor; and
Whereas, The legislative auditor initiated a financial postaudit of the state permanent school fund but reported to the legislative commission that he was unable to perform a financial postaudit because of lack of sufficient legal definitions, fragmented administration of the fund, violations of statutes, conflicting statutes and dated statutes; and
Whereas, The judgments required to establish solutions to the problems set forth by the legislative auditor are properly the prerogative of the legislature, since these problems affect agencies of state government and various local governments; 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 problems related to the state permanent school fund, such study to include:
1. A determination of the purpose of the state permanent school fund; and
2. Constitutional or statutory revisions necessary to achieve such propose;
and be it further
Resolved, That the legislative commission report the results of the study to the 59th session of the legislature, together with any recommendations for necessary and appropriate legislation.
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Senate Concurrent Resolution No. 51–Senators Schofield, Gojack, Sheerin, Raggio, Herr, Close, Wilson, Echols, Blakemore, Bryan, Walker, Monroe, Brown, Dodge, Gibson, Young and Lamb
FILE NUMBER 138
SENATE CONCURRENT RESOLUTION–Commemorating May 20 as Cuban Independence Day.
Whereas, On May 20, 1975, Cuba will celebrate its 73rd anniversary as an independent nation following Spanish colonization and temporary United States military rule; and
Whereas, On May 20, 1902, the first Congress of the Free Republic of Cuba elected its first President and first Vice President; and
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ê1975 Statutes of Nevada, Page 1957 (FILE NUMBER 138, SCR 51)ê
Whereas, The annual celebration serves as a reminder of the significant contributions of Cuban people to our nation and our state in spite of overwhelming obstacles; and
Whereas, The State of Nevada is the residence of more than 1,600 Cubans who came in search of freedom and democracy; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature joins with the people of the State of Nevada in the observance and commemoration of May 20 as Cuban Independence Day.
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Senate Concurrent Resolution No. 52–Senators Brown, Blakemore, Bryan, Close, Dodge, Echols, Foote, Gibson, Gojack, Herr, Hilbrecht, Lamb, Monroe, Neal, Raggio, Schofield, Sheerin, Walker, Wilson and Young
FILE NUMBER 139
SENATE CONCURRENT RESOLUTION–Commending Senator Howard Cannon for his outstanding service as United States Senator.
Whereas, On November 4, 1958, Senator Howard Cannon was elected to the United States Senate; and
Whereas, He is currently serving his 3d term as United States Senator, having been reelected in 1964 and 1970; and
Whereas, During his 17 years of service in the United States Senate, his various committee assignments have been beneficial and essential to agriculture, mining, ranching, transportation and tourism as well as to the general welfare of the people; and
Whereas, As Chairman of the Senate Rules Committee, he received praise and commendation in conducting the confirmation hearings for vice presidential designates Gerald Ford and Nelson Rockefeller; and
Whereas, He has won wide acclaim as Chairman of the Aviation Subcommittee; and
Whereas, As Nevada’s senior United States Senator today, his service to the people of this state and the citizens of the United States continues to be characterized by a high standard of personal and professional excellence; and
Whereas, On May 9, 1975, Senator Cannon will be honored at an Appreciation Dinner at the MGM Grand Hotel in Las Vegas to mark the occasion of his having given 17 years of skilled and responsible leadership in the United States Senate; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the legislature hereby commend Senator Howard Cannon for his 17 years of devotion and outstanding accomplishments as United States Senator, and, on behalf of the legislature and the people of the state, extend to him their sincere appreciation.
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ê1975 Statutes of Nevada, Page 1958ê
Senate Concurrent Resolution No. 54–Committee on Government Affairs
FILE NUMBER 140
SENATE CONCURRENT RESOLUTION–Authorizing expenditures of up to $1,500 from the legislative fund for certain expenses in connection with joint hearings of senate and assembly committees on government affairs held outside Carson City.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That expenditures of up to $1,500 from the legislative fund be authorized for the purpose of covering senate and assembly expenses for staff, television coverage and any other necessary arrangements in connection with joint hearings of the standing committees on government affairs of the senate and assembly of the 58th session of the legislature held outside Carson City; and be it further
Resolved, That such expenditures be made only on the approval of the chairmen of the government affairs committees of the senate and assembly.
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Assembly Concurrent Resolution No. 32–Assemblyman Benkovich
FILE NUMBER 141
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative commission to study the financing of general improvement districts.
Whereas, The purpose of general improvement districts is to provide certain urban services to areas under development and not within established municipalities; and
Whereas, General improvement districts make possible the accumulation of capital and a revenue base to enable the construction of projects designed for the general health and welfare in such districts; and
Whereas, Whatever fiscal device is used to obtain financing for improvements, it is the present and future property owners who will ultimately pay for such improvements; and
Whereas, The boards of trustees of general improvement districts in the early stages when long-range fiscal commitments are made are often composed of the developers of land in such districts; and
Whereas, Such situations have great potential for conflicts of interest that will ultimately result in added financial burdens to the eventual property owners; and
Whereas, Boards of trustees have the power to levy ad valorem taxes and issue both revenue and general obligation bonds and short-term notes; and
Whereas, City and county governments are often required to assume the responsibility for correcting the results of poor judgment or fiscal mismanagement by general improvement districts; and
Whereas, It is in the interest of the State of Nevada that land development and improvement be completely in accordance with sound business practice and ethics that will allow no room for scandal or questioning of legal arrangements for such development and improvement; now, therefore, be it
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ê1975 Statutes of Nevada, Page 1959 (FILE NUMBER 141, ACR 32)ê
legal arrangements for such development and improvement; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission conduct a study of the methods of creating, governing and financing general improvement districts in Nevada, such study to include an assessment of abuses under chapter 318 of NRS, the potential for abuse and recommendations for strengthening the protections in that chapter; and be it further
Resolved, That the review of chapter 318 of NRS include an assessment of the relationship between the provisions of such chapter and the provisions of law relating to cities, counties and unincorporated towns; and be it further
Resolved, That a report of findings and recommendations be submitted to the 59th session of the legislature.
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Assembly Concurrent Resolution No. 50–Committee on Legislative Functions
FILE NUMBER 142
ASSEMBLY CONCURRENT RESOLUTION–Adding joint rule prescribing the method of designating regular and alternate membership on the legislative commission.
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the joint rules be amended by adding a new joint rule which shall read as follows:
LEGISLATIVE COMMISSION
1. When members of the minority party in the Senate or in the Assembly comprise less than 34 percent of the total number elected to that body, minority party membership for that body on the Legislative Commission shall be:
(a) One, if such membership is less than 21 percent.
(b) Two, if such membership is between 21 percent and 33 percent.
If the members of the minority party in the Senate or in the Assembly comprise more than 33 percent of the total number elected to that body, minority party membership for that body on the Commission shall be three, being equal to the membership of the majority party.
2. Provisions for alternate membership on the Legislative Commission shall be as follows:
(a) The number of alternates shall be equal to that of the regular members from such body on the Legislative Commission. The party ratio shall be the same as that provided in subsection 1.
(b) Alternates shall be designated first alternate member through fifth alternate member, depending on the party ratio in the Senate and in the Assembly. If either the Senate or the Assembly is composed wholly of one party membership, a sixth alternate member shall be designated.
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ê1975 Statutes of Nevada, Page 1960 (FILE NUMBER 142, ACR 50)ê
3. A vacancy in the regular Senate or Assembly membership created by death or by resignation or by the legislator’s ceasing to be a member of the Legislature shall be filled, first, by the proper first alternate member of the same party in that body and, sequentially, if there are no intermediate alternate members, then by the proper remaining alternate member of the same party in that body. If there is no proper alternate member, the Legislative Commission shall fill the vacancy by appointing a senator or assemblyman of the same party.
4. The members shall serve until their successors are appointed by resolution as provided in NRS 218.660, notwithstanding that their terms of office may have expired, except that the membership of any member who does not become a candidate for reelection or who is defeated for reelection shall terminate on the day next after the election and the vacancy shall be filled as provided in this rule.
5. The Chairman shall be selected at the first meeting of the newly formed Legislative Commission and shall serve until his successor is appointed following the formation of the next Legislative Commission.
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Assembly Concurrent Resolution No. 56–Assemblymen Lowman, Mann, Murphy, Weise, Chaney and Ford
FILE NUMBER 143
ASSEMBLY CONCURRENT RESOLUTION–Urging the board of regents of the University of Nevada to continue to explore requirements, possible funding sources and related matters concerning establishment of a law school at the University of Nevada, Las Vegas.
Whereas, The legislature in 1973 declared that a law school should be established at the University of Nevada, Las Vegas, and that a study of the feasibility of such a school should be undertaken by the board of regents; and
Whereas, A report on the feasibility of such a school has been presented to the 58th session and the conclusions of that report are that Nevada has a legitimate need for a law school and that it can afford to support a law school; and
Whereas, Caesar’s World, Inc., the parent corporation of Caesar’s Palace in Las Vegas, donated the sum of $500,000 for law school purposes; and
Whereas, Several other persons and organizations have contributed or pledged sums of money towards the creation of a law school; and
Whereas, It becomes increasingly difficult for Nevada students to enter law schools that are restricting the number of out-of-state students; and
Whereas, It continues to be the intent of the legislature to authorize the establishment of a law school at the University of Nevada, Las Vegas, although the time of the establishment is as yet undetermined; now, therefore, be it
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ê1975 Statutes of Nevada, Page 1961 (FILE NUMBER 143, ACR 56)ê
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the board of regents is urged to continue to make preparations for the establishment of a law school at the University of Nevada, Las Vegas, such preparation to include seeking commitments for funds from private or government sources and developing plans for the necessary physical plant, faculty and library; and be it further
Resolved, That the board of regents update the Law School Study submitted to the 58th session and submit the study, as so revised, to the 59th session of the legislature.
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Assembly Concurrent Resolution No. 69–Assemblyman Ashworth
FILE NUMBER 144
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the distinguished entrepreneur, Del E. Webb.
Whereas, The legislature of the State of Nevada notes with regret the death on July 4, 1974, of Del E. Webb; and
Whereas, Del Webb began his career in Nevada in 1925 as a semi-professional baseball player in Reno and Fallon; and
Whereas, He then entered the construction business and eventually built the Sahara Hotel on the Las Vegas Strip, the Mint Hotel in downtown Las Vegas and the Sahara-Tahoe Hotel at Lake Tahoe; and
Whereas, Del Webb pursued a vigorous business career owning and developing hotels, clubs, casinos, a retirement community, and for a period of 20 years was a coowner of the New York Yankees baseball team; and
Whereas, With the passing of Del Webb, Nevada has lost one of the pioneers of our tourist industry; and
Whereas, Despite his successful acquisition of a financial empire, Del Webb remained a modest, well-liked man, and a friend to Nevada citizens; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 58th session of the Nevada legislature honor the late Del E. Webb and extend their condolences to his surviving family; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to the surviving widow and brother of the deceased.
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Assembly Resolution No. 31–Committee on Legislative Functions
FILE NUMBER 145
ASSEMBLY RESOLUTION–Providing for the appointment of an additional assembly attache.
Resolved by the Assembly of the State of Nevada, That the following person be, and she hereby is, elected as an additional attache of the assembly for the 58th session of the legislature of the State of Nevada: Sharon Lee Shank.
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ê1975 Statutes of Nevada, Page 1962ê
Assembly Concurrent Resolution No. 52–Assemblymen Coulter, Murphy, Hayes, Benkovich, Wittenberg, Sena, Polish, Christensen, Wagner and Weise
FILE NUMBER 146
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative commission, with the cooperation of the aging services division of the department of human resources, to conduct a study of the problems of the aged and aging.
Whereas, Approximately 15 percent of Nevada residents of age 60 and older are below the poverty level established by the Bureau of the Census; and
Whereas, It is estimated that almost half of Nevadans 60 years of age or older are in low income brackets; and
Whereas, Aging and aged citizens of our state face a myriad of problems in the areas of health and nutrition, transportation, housing, recreation, employment and income; and
Whereas, It is appropriate for the State of Nevada to insure that its older citizens maintain in their later years the dignity and well-being which they devoted most of their youth and middle years to earning; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to conduct a study of the problems of the aged and aging in Nevada; and be it further
Resolved, That the legislative commission enlist the cooperation of the aging services division of the department of human resources; and be it further
Resolved, That the legislative commission utilize such expertise as is available on the subject within the University of Nevada System; and be it further
Resolved, That the legislative commission report the results of its study and make appropriate recommendations to the 59th session of the Nevada legislature.
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Assembly Concurrent Resolution No. 70–Committee on Judiciary
FILE NUMBER 147
ASSEMBLY CONCURRENT RESOLUTION–Authorizing expenditures of up to $1,000 from the legislative fund for certain expenses in connection with joint hearings of certain senate and assembly committees outside Carson City.
Resolved by the Assembly of the State of Nevada, the Senate concurring, That expenditures of up to $1,000 from the legislative fund be authorized for the purposes of covering expenses of members of the senate and assembly judiciary and government affairs committees in connection with joint hearings of these standing committees of the senate and assembly of the 58th session of the legislature to be held on May 10, 1975, outside Carson City, Nevada, provided moneys are not available under the provisions of NRS 218.220; and be it further
Resolved, That such expenditures be made only on the approval of the chairmen of the senate and assembly judiciary and government affairs committees.
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ê1975 Statutes of Nevada, Page 1963ê
Assembly Resolution No. 32–Committee on Legislative Functions
FILE NUMBER 148
ASSEMBLY RESOLUTION–Providing for the appointment of an additional assembly attache.
Resolved by the Assembly of the State of Nevada, That the following person be, and she hereby is, elected as an additional attache of the assembly for the 58th session of the legislature of the State of Nevada: Margaret Hillenbrand.
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Assembly Concurrent Resolution No. 39–Committee on Government Affairs
FILE NUMBER 149
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative auditor to conduct an operational audit of the state treasurer’s office.
Whereas, The responsibilities of the state treasurer’s office have grown in volume and complexity; and
Whereas, Modern systems applications available to other state agencies and not to the state treasurer’s office enables those agencies to place heavier workloads on the office; and
Whereas, The productivity of the state treasurer’s office is of paramount importance to the financial operations of the state and especially to the state’s investment program; and
Whereas, An evaluation of modern systems techniques and equipment will identify ways to increase the productivity of the state treasurer’s office; and
Whereas, On October 16, 1974, the legislative commission authorized the legislative auditor to conduct a financial compliance audit of the state treasurer’s office during the ensuing biennium and it would be appropriate, efficient and economical for the legislative auditor to accomplish at the same time an evaluation of the present and future operations of the state treasurer’s office; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative auditor is hereby directed to:
1. Conduct an operational audit of the state treasurer’s office in addition to, but concurrent with, the financial compliance audit authorized by the legislative commission; and
2. Report his findings, conclusions and recommendations to the legislative commission and the interim finance committee prior to the convening of the 59th session of the legislature.
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ê1975 Statutes of Nevada, Page 1964ê
Assembly Concurrent Resolution No. 67–Assemblymen Lowman and May
FILE NUMBER 150
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative commission to study and explore courses of action which the Nevada legislature could take to encourage the creation and retention of private and community foundations in our state.
Whereas, Since the beginning of our history, private foundations and charitable associations have generously contributed to public morals and welfare in diverse fields such as medicine, education, agriculture and in other eleemosynary pursuits; and
Whereas, Philanthropies occupy a unique position as private organizations which promote the public welfare in our society; and
Whereas, The growth trend for private foundations has slowed in recent years and the termination rate of existing foundations has quickened; and
Whereas, In a time when financial crisis is causing the Federal Government and the State of Nevada to curtail spending, society can ill afford to see its private organizations of charity weakened; and
Whereas, The relationship between government and private foundations is based on the reciprocity of benefits which accrue to each in the form of additional social services provided for the public benefit in return for tax benefits to foundations; and
Whereas, Nevada taxpayers sacrifice tax revenues so that charitable associations and foundations can devote funds to the service of the people of our state; and
Whereas, Private foundations in Nevada expend millions of dollars each year in grants for higher education, medical research, conservation efforts and for many other meritorious civic and educational projects; and
Whereas, It is important to Nevadans to assure the continuation of private foundations and charities which bring goodwill, expertise and financial assistance to bear on many of the problems of our state; and
Whereas, The tax laws of the State of Nevada have, in a great measure, been responsible for attracting persons of wealth to the State of Nevada as residents; and
Whereas, This situation has been of great advantage to the State of Nevada, its institutions and citizens as a result of charitable contributions from such persons and the creation of private foundations; and
Whereas, It is of great importance to the State of Nevada to continue to encourage such persons to come to our state and become Nevada residents; and
Whereas, It is essential that the State of Nevada encourage the creation and retention of private and community foundations; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to study and explore possible courses of action which the legislature of the State of Nevada could take to encourage the creation and retention of private and community foundations in our state; and be it further
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ê1975 Statutes of Nevada, Page 1965 (FILE NUMBER 150, ACR 67)ê
Resolved, That the legislative commission shall report the results of its study, with any recommended legislation, to the 59th session of the legislature.
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Senate Concurrent Resolution No. 25–Senator Young
FILE NUMBER 151
SENATE CONCURRENT RESOLUTION–Directing the legislative commission to study the publication policies of state agencies.
Whereas, All publications produced by state agencies should serve the maximum useful purpose for all those using such publications; and
Whereas, The legislature through the legislative counsel bureau has taken on a special responsibility carried out in many states by commercial publishing firms; and
Whereas, The legal profession of the state relies upon the accuracy, timeliness and comprehensiveness of publications of the legislative counsel bureau and other state agencies concerning statutes, legislative proceedings, supreme court decisions, and the regulations and decisions of executive agencies; and
Whereas, There have been questions raised within the legislature and among members of the State Bar of Nevada concerning the adequacy and usefulness of several publications and concerning ways to improve necessary publication; 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 an interim study of all publications of state agencies with special emphasis on those used and dependent upon by the legal profession; and be it further
Resolved, That the legislative commission involve the State Bar of Nevada in such study and that the results of the study along with recommendations for changes in publications policy be reported to the 59th session of the legislature.
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Senate Joint Resolution No. 24–Senator Blakemore
FILE NUMBER 152
SENATE JOINT RESOLUTION–Memorializing the President of the United States to appoint a mineral affairs adviser to the White House staff.
Whereas, The position of presidential science adviser was abolished in early 1973 by then President Nixon, and he also disbanded the Office of Science and Technology at that time; and
Whereas, In an era of great concern over the interrelated problems of ecology and energy independence, the failure of the President to have his own advisers on scientific matters, especially in the areas of natural resource recovery and utilization, seems to be a lamentable oversight; and
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ê1975 Statutes of Nevada, Page 1966 (FILE NUMBER 152, SJR 24)ê
Whereas, There are distinct differences between renewable and nonrenewable natural resources, the latter being the mineral resources; and
Whereas, Mining is separate and distinct from the manufacturing industry that it supports and its problems have little in common with manufacturing and fabricating industries; and
Whereas, There is no integrated national policy on mining and mineral resources even within the Department of the Interior, where the Bureau of Mines works separately from the Bureau of Land Management under whose control much mineral exploration is done; and
Whereas, The vitality and strength of mining, an industry essential to the economic well-being of the nation, is dependent upon the development of an integrated national policy for nonrenewable mineral resources; and
Whereas, The development of such a policy will be greatly speeded and enhanced if the President of the United States has ready access to an experienced and knowledgeable mineral affairs expert; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature hereby respectfully memorializes the President of the United States to recognize the importance and value of a mineral affairs adviser and to appoint such a person to his staff; 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 the presiding officer of the Senate, the Speaker of the House of Representatives, the chairmen of the Interior Committees of Congress 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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Senate Joint Resolution No. 22–Senator Blakemore
FILE NUMBER 153
SENATE JOINT RESOLUTION–Memorializing Congress to enact legislation to aid domestic exploration and mining of gold and silver.
Whereas, A basic economic activity in industrial society is mining, which includes a variety of industries engaged in the extraction of oil, gas, metals, nonmetallics, fertilizers and building materials from the earth; and
Whereas, Gold and silver production aided Nevada’s entry into the Union and contributed to the salvation of the Union in the dark days of the Civil War; and
Whereas, Despite its untapped gold and silver reserves, the United States imports more than half the gold used for domestic industrial and medical purposes; and
Whereas, The current state of gold and silver exploration and mining is in part attributable to former policies of the Federal Government, including the denial to American citizens of the right to own and trade in gold for over 40 years and the artificial maintenance of a price for produced gold which discouraged production; and
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ê1975 Statutes of Nevada, Page 1967 (FILE NUMBER 153, SJR 22)ê
gold for over 40 years and the artificial maintenance of a price for produced gold which discouraged production; and
Whereas, The proposed actions of the Federal Government to close off certain federal lands in Nevada to prospecting for precious metals and attempts to abolish the Mining Law of 1872 would further cripple and advance the destruction of the domestic mining industry; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the spirit of the Mining Law of 1872 be retained; and be it further
Resolved, That hardrock minerals not become subject to proposed federal leasing legislation; and be it further
Resolved, That the patenting of mineral lands be encouraged with reasonable fees and regulations that will promote development of the mining industry without placing unreasonable burdens upon the industry; and be it further
Resolved, That the Director of the Bureau of Mines be authorized to establish and carry out a program for providing such assistance, financial and otherwise, as the director may determine necessary to enable small independent operators to engage in mineral exploration and development; 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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Senate Concurrent Resolution No. 36–Senators Dodge, Blakemore, Sheerin, Wilson, Neal, Bryan and Gojack
FILE NUMBER 154
SENATE CONCURRENT RESOLUTION–Directing the director of the state department of conservation and natural resources in exercising powers under chapter 321 of NRS to utilize local government planning activities as the basic components of the state land use planning program.
Whereas, The 16 counties and Carson City each comprise a significant geographic area with patterns of development contained primarily within their individual boundaries with little or no overlap into adjacent counties; and
Whereas, Since 1941 the cities and counties of the state have been exercising planning authority under chapter 278 of NRS and the counties have had regional planning authority pursuant to NRS 278.090; and
Whereas, The basic concept of American democracy is predicated upon power and authority flowing upward from the people through each level of government and ultimately to the Federal Government; and
Whereas, In keeping with this basic concept every attempt should be made to carry out activities and decisions at levels as close to the people to be affected as is possible; and
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ê1975 Statutes of Nevada, Page 1968 (FILE NUMBER 154, SCR 36)ê
Whereas, The present state land use planning law, as contained in chapter 321 of NRS, recognizes a role for local governments at the discretion of the director; and
Whereas, The most successful state land use planning program in terms of quality and acceptance will be that with the maximum participation by local governments; and
Whereas, The counties and cities are the local government units who have close citizen contact and possess the necessary geographic scope to do viable land use planning; and
Whereas, There are components of a state land use planning program that can only be projected at the state level, such as matters involving two or more counties, designation and protection of areas of critical environmental concern, preparation and revision of a statewide inventory of the land and natural resources, and other matters identified in NRS 321.720 which are beyond the scope of local governments; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the director of the state department of conservation and natural resources is hereby directed to define the proper role of the state in the development of the state land use planning program, to outline which functions and responsibilities rest solely with the state, which are to be shared with local governments and which are to rest solely with local governments; and be it further
Resolved, That the director of the state department of conservation and natural resources is further directed to structure the process of state land use planning so as to maximize and make primary the role of local governments and to develop the state land use planning program in accordance with local plans to the greatest extent possible; and be it further
Resolved, That it is recognized that where conflicts or inadequacies in or among local land use plans are encountered, it is the responsibility of the director to resolve such conflicts or correct inadequacies so as to insure the completeness and viability of the state land use planning program; and be it further
Resolved, That the director should direct the state level efforts at planning to matters affecting more than one local government unit and to providing assistance where needed to the counties and cities; and be it further
Resolved, That any difficulties in basing the state land use planning program primarily upon local planning efforts or in defining the proper state role should be reported to the 59th session of the legislature with proposed legislation necessary to facilitate a locally-based concept.
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ê1975 Statutes of Nevada, Page 1969ê
Senate Concurrent Resolution No. 57–Senator Neal
FILE NUMBER 155
SENATE CONCURRENT RESOLUTION–Designating May 17 as Constitution Day in Nevada to honor the Constitution of the United States.
Whereas, The biennial sessions of the legislature of the State of Nevada are held during the winter and spring of the year, and the legislature is thereby deprived of timely participation in Constitution Week, September 17-23, celebrating the signing of the Constitution of the United States on September 17, 1787; and
Whereas, The month of May is the month in which our nation celebrates Law Day, and the Constitution of the United States comprises a great system of organic law, a monument to the wisdom of our forefathers; and
Whereas, A conspectus of American jurisprudence reveals that the constitution of the State of Nevada is a part of the progeny of the Constitution of the United States; and
Whereas, The legislature should pay homage to the continuing vitality of the Constitution of the United States, which has been effective for nearly two centuries in the constantly changing circumstances of our people; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That May 17 is hereby designated as Constitution Day in honor of the Constitution of the United States.
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Assembly Resolution No. 30–Committee on Legislative Functions
FILE NUMBER 156
ASSEMBLY RESOLUTION–Authorizing 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 58th session of the legislature.
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ê1975 Statutes of Nevada, Page 1970ê
Assembly Concurrent Resolution No. 80–Assemblymen Glover, Jacobsen and Mann
FILE NUMBER 157
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late Judge Richard Waters, Jr.
Whereas, The legislature of the State of Nevada notes with deep sorrow the untimely passing of Judge Richard Waters, Jr.; and
Whereas, Judge Waters was a graduate of St. John’s College and obtained a law degree at Southeastern University in Washington, D.C., and
Whereas, Richard Waters served his nation as an army pilot during the second World War; and
Whereas, Richard Waters, Jr., was appointed by attorney general Alan Bible on three occasions to serve the state as a special deputy attorney general; and
Whereas, Richard Waters, Jr., was elected as Ormsby County district attorney in 1946; and
Whereas, Richard Waters, Jr., was appointed to the district court bench in 1961 by Governor Grant Sawyer and presided over the first judicial district with distinction and dedication; and
Whereas, He brought understanding and compassion to the courtroom, combined with a thorough understanding of the law; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 58th session of the Nevada legislature express their sincere sympathy to the surviving family of Judge Richard Waters, Jr.; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to his widow, Martha, and to his son and daughters.
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Assembly Concurrent Resolution No. 83–Assemblyman Wittenberg
FILE NUMBER 158
ASSEMBLY CONCURRENT RESOLUTION–Requesting the return to the assembly from the governor’s office of Assembly Bill No. 24.
Whereas, Assembly Bill No. 24 has passed both houses of the 58th session of the legislature, has been enrolled and delivered to the governor; and
Whereas, Assembly Bill No. 24 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 Assembly Bill No. 24 to the assembly for further consideration.
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ê1975 Statutes of Nevada, Page 1971ê
Assembly Joint Resolution No. 39–Assemblymen Coulter, Murphy, Benkovich, Mann, Sena, Hayes, Polish, Jacobsen, Glover, Wagner, Weise and Bennett
FILE NUMBER 159
ASSEMBLY JOINT RESOLUTION–Memorializing Congress to repeal income limitations on the receipt of social security benefits.
Whereas, The recipients of social security benefits or their spouses have contributed from their pay over the years for added protection in their old age; and
Whereas, Upon attaining a retirement age, an individual is entitled to begin receiving benefits for which he has paid; and
Whereas, Many individuals eligible for social security benefits desire to continue to work full or part time but often cannot do so without losing benefits; and
Whereas, Social security benefits should be treated as other forms of insurance which are paid based upon contributions and age, not an arbitrary distinction such as salary earnings; and
Whereas, The present maximum income figures for social security eligibility discriminate in the most egregious way between those with income from interest, dividends or rents as opposed to those with salary income, the former not having their benefits affected even though they are most likely in less need; and
Whereas, Many people eligible for social security benefits by virtue of age still desire to work and are capable of continued contribution to society; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature hereby memorializes the Congress of the United States to repeal the income limitations for receiving social security benefits; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and 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. 6–Assemblymen Getto, Jacobsen, Howard, Weise and Lowman
FILE NUMBER 160
ASSEMBLY JOINT RESOLUTION–Memorializing the Congress of the United States to curb abuses of the Internal Revenue Service.
Whereas, The power of government to tax is one of the strongest and most pervasive powers and, when abused, becomes an instrument for oppression and destruction; and
Whereas, The Internal Revenue Service is abusing its powers by:
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ê1975 Statutes of Nevada, Page 1972 (FILE NUMBER 160, AJR 6)ê
1. Unduly pressing its audit, investigation and collection effort mainly against the small taxpayer who does not have the resources to effectively challenge its claims, while settling disputes with wealthy taxpayers for a remarkably lower percentage of the proposed tax;
2. Conducting its disputes with taxpayers in the presumption that the taxpayer is guilty unless he can prove himself innocent; and
3. Responding to legitimate government audits of the Service in a spirit of noncooperation; and
Whereas, Taxpayers who must bear substantial additional costs in professional services to prove their innocence in a tax dispute with the Internal Revenue Service have no means to recover these costs from the Service and are irreparably damaged; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the Congress of the United States enact legislation:
1. Authorizing the General Accounting Office to examine whatever records or other materials of the Internal Revenue Service it deems necessary for a complete audit of the Service;
2. Providing for the recovery by taxpayers of damages caused them by abuses of power by the Internal Revenue Service; and
3. Requiring agents of the Internal Revenue Service to inform taxpayers of their rights under the law during an audit; 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, the Speaker of the House of Representatives and all members of the Nevada congressional delegation; and be it further
Resolved, That this resolution become effective upon passage and approval.
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Senate Joint Resolution No. 33–Senators Echols, Blakemore, Sheerin, Gibson, Hilbrecht, Schofield, Neal, Walker, Wilson, Brown, Close and Herr
FILE NUMBER 161
SENATE JOINT RESOLUTION–Memorializing the administrator of the Veterans’ Administration to make certain changes in the administration of the outpatient clinic at Henderson, Nevada.
Whereas, Well over half of the 92,000 veterans in the State of Nevada live in southern Nevada and specifically in Clark County; and
Whereas, The staff and facilities of the outpatient clinic at Henderson are severely taxed to provide services to the many veterans in southern Nevada; and
Whereas, The administrative organization of the outpatient clinic at Henderson should be made as efficient and responsive as possible until such time as a veterans’ hospital can be built in southern Nevada; and
Whereas, Efficiency and responsiveness both suffer under the present arrangement whereby the Henderson clinic is under the administrative supervision of the Reno Veterans’ Hospital some 500 miles removed; and
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ê1975 Statutes of Nevada, Page 1973 (FILE NUMBER 161, SJR 33)ê
Whereas, The Henderson clinic does not have a full-time medical administrative services director or a full-time medical director; and
Whereas, A complete, full-time professional staff would ensure the maximum efficiency and productivity for the Henderson clinic; and
Whereas, An outpatient clinic at Henderson administratively separate and autonomous as some Veterans’ Administration outpatient clinics are would enhance the flexibility and responsiveness of that clinic; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature hereby memorializes the administrator of the Veterans’ Administration to appoint a director for the outpatient clinic at Henderson separate and independent of the Veterans’ Hospital in Reno, to authorize the appointment of a full-time director of medical administration services and a full-time medical director for the Henderson clinic, to administratively separate the Henderson clinic from the Reno Veterans’ Hospital and to provide a separate budget for the Henderson clinic; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the administrator of the Veterans’ Administration and to all members of the Nevada congressional delegation.
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Senate Joint Resolution No. 36–Committee on Environment and Public Resources
FILE NUMBER 162
SENATE JOINT RESOLUTION–Memorializing the President of the United States, the Secretary of the Interior and the Secretary of Agriculture to use their best efforts toward effecting the exchange of federal land outside of the Lake Tahoe basin for certain privately owned, unimproved land located within the basin for use by the public.
Whereas, The Tahoe Regional Planning Compact was enacted into law by the State of Nevada and the State of California and consented to by the Congress of the United States; and
Whereas, The Tahoe Regional Planning Agency, as the governing body administering the compact, does not have power to acquire land, keep reserves of land or negotiate as a real party in interest with owners of real property for exchanges of unimproved land in the region; and
Whereas, The United States, through the Secretary of Agriculture or the Secretary of the Interior, has such powers and has utilized such powers within the Lake Tahoe basin; and
Whereas, The United States, through the Secretary of Agriculture and the Secretary of the Interior, has in the past cooperated in the exchange of privately owned land in the Lake Tahoe basin for federal lands outside of the basin; and
Whereas, There are many parcels of privately owned, unimproved land within the basin which are desirable for public acquisition; and
Whereas, There are many desirable lands within the basin that are subject to pending proposals for exchange, which proposals have been pending for some time; and
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ê1975 Statutes of Nevada, Page 1974 (FILE NUMBER 162, SJR 36)ê
Whereas, The Secretary of the Interior and the Secretary of Agriculture are authorized by federal law to cooperate with the Tahoe Regional Planning Agency respecting the implementation of the goals and policies of activities undertaken pursuant to the compact; and
Whereas, The Lake Tahoe basin is an area of public and federal concern; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That this legislature respectfully but urgently memorializes the President of the United States, the Secretary of the Interior and the Secretary of Agriculture to cooperate in the exchange of privately owned land within the basin for publicly owned land outside the basin so that land within the Lake Tahoe basin can be held and preserved in public ownership for the benefit of all citizens of the United States and that private individuals can retain their economic value in land outside the basin; and be it further
Resolved, That the legislative counsel forthwith transmit a copy of this resolution to the President of the United States, the President of the Senate, the Speaker of the House of Representatives, each member of the Nevada congressional delegation, the Secretary of Agriculture, the Secretary of the Interior and the Director of the Bureau of the Budget; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Concurrent Resolution No. 79–Committee on Legislative Functions
FILE NUMBER 163
ASSEMBLY CONCURRENT RESOLUTION–Providing for the compensation of clergy for services rendered to the assembly and senate in the 58th 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 58th session of the Nevada legislature.
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ê1975 Statutes of Nevada, Page 1975ê
Assembly Concurrent Resolution No. 81–Assemblyman Barengo
FILE NUMBER 164
ASSEMBLY CONCURRENT RESOLUTION–Requesting the return to the assembly from the governor’s office of Assembly Joint Resolution No. 35.
Whereas, Assembly Joint Resolution No. 35 has passed both houses of the 58th session of the legislature, has been enrolled and delivered to the governor; and
Whereas, Assembly Joint resolution No. 35 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 Joint Resolution No. 35 for further consideration.
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Senate Joint Resolution No. 28–Committee on Transportation
FILE NUMBER 165
SENATE JOINT RESOLUTION–Urging the President of the United States and administrators of the U.S. Environmental Protection Agency to approve the Nevada State Implementation Plan.
Whereas, According to the latest figures available, Nevada’s unemployment rate is 9.7 percent, thus exceeding considerably the nationwide unemployment rate of 8.2 percent; and
Whereas, The latest figures available indicate that in the county of White Pine, Nevada, the unemployment rate is approximately 11 percent, unacceptably high even in this time of nationwide recession; and
Whereas, The economy of White Pine County is substantially dependent on Kennecott Copper Corporation; and
Whereas, Kennecott Copper Corporation, operating in White Pine County, has developed an air quality control compliance plan, which has been approved by the Nevada state environmental commission as being in compliance with the federal “Clean Air Act”; and
Whereas, Desiring a healthful environment for its citizens, the Nevada state environmental commission, after extensive public hearings, moved forthrightly to develop and implement those regulations mandated by the federal “Clean Air Act”; and
Whereas, Nevada’s state implementation plan of compliance with the federal “Clean Air Act” includes regulations which are equal to, and occasionally superior to, those required by the federal act; and
Whereas, The Environmental Protection Agency has arbitrarily, wrongfully and unwisely refused to approve the compliance plan of the Kennecott Copper Corporation and those portions of the Nevada state plan which apply to the company’s operations; and
Whereas, The Kennecott Copper Corporation’s operations are located in a remote and sparsely populated area of the state and there is no evidence of injury to the health of the citizens of that area and there appears to be no deterioration of the environment or atmosphere as a result of these operations; and
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ê1975 Statutes of Nevada, Page 1976 (FILE NUMBER 165, SJR 28)ê
appears to be no deterioration of the environment or atmosphere as a result of these operations; and
Whereas, Kennecott Copper Corporation may very well close down its White Pine operations if the Environmental Protection Agency continues to mandate changing environmental standards which are so costly as to make the profit margin too narrow for the company to continue its business; and
Whereas, The closing of Kennecott Copper Corporation in White Pine County would severely exacerbate the unemployment situation in that county and adversely affect the overall economic well-being of the State of Nevada; and
Whereas, Continued refusal by the Environmental Protection Agency to grant approval of the above-mentioned clean air plans of the state and of the Kennecott Copper Corporation is contrary to the social and economic needs and desires of the people of White Pine County and contrary to the original intent of the federal “Clean Air Act”; and
Whereas, It is the intent of the “Clean Air Act” that states be permitted to develop and manage air quality control programs within their borders if such programs meet the minimum requirements of the act; and
Whereas, The State of Nevada finds that Kennecott Copper Corporation has made good-faith efforts to comply with state and federal regulations insuring the protection of the environment, and has designed, engineered and, in some instances installed, facilities to insure compliance with state and federal regulations, but has been forced to cease installation as a result of the refusal of the federal agency to grant approval; and
Whereas, It is unjust and unrealistic to expect a company to install expensive equipment to comply with federal and state clean air standards and then declare that such compliance satisfies federal regulations only temporarily, pending the development of better air pollution equipment; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature of the State of Nevada hereby urges the President of the United States of America, the Administrator of the United States Environmental Protection Agency and the regional EPA administrator for the area encompassing Nevada to approve the Nevada State Implementation Plan for compliance with the federal “Clean Air Act”; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the President of the United States, the Administrator of the United States Environmental Protection Agency, the Environmental Protection Agency’s regional administrator for the area encompassing the State of Nevada, and the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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ê1975 Statutes of Nevada, Page 1977ê
Senate Concurrent Resolution No. 38–Committee on Environment and Public Resources
FILE NUMBER 166
SENATE CONCURRENT RESOLUTION–Directing the legislative commission to study the feasibility of establishing a regional water and sewer district to encompass certain areas of Washoe County.
Whereas, In certain areas of Washoe County, growth of population and increased tourism may place demands on water and sewer systems which cannot be met without adequate planning by the several areas affected; and
Whereas, The interests and requirements for water and sewer treatment facilities of the area of Washoe County encompassing the Truckee Meadows, Lemmon Valley, Verdi, Washoe Valley, Sun Valley and Panther Valley are so interrelated as to merit consideration as to the feasibility of creating a regional water and sewer district; 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 to determine the feasibility of establishing a regional water and sewer district for the area of Washoe County south to the Carson City line and west to California, including the Truckee Meadows, Lemmon Valley, Verdi, Washoe Valley, Sun Valley and Panther Valley; and be it further
Resolved, That such study shall explore the powers and responsibilities which a regional district of this nature would require in order to properly serve the water and sewer needs of the people of the proposed district; and be it further
Resolved, That the legislative commission is directed to report the results of such study, including any recommended legislation, to the 59th session of the Nevada legislature.
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Senate Concurrent Resolution No. 55–Committee on Judiciary
FILE NUMBER 167
SENATE CONCURRENT RESOLUTION–Suggesting for the consideration of the supreme court a change in the Nevada Rules of Appellate Procedure concerning the appointment of attorneys to represent indigents.
Whereas, The committee on judiciary in its consideration of the compensation of attorneys appointed to defend indigent defendants in criminal matters and petitioners for the writ of habeas corpus received suggestions that the same appointed attorney be required to represent the defendant, unless unusual circumstances intervene, at all stages of the proceeding including any appeal or petition to the supreme court, and believes that this suggestion has merit; and
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ê1975 Statutes of Nevada, Page 1978 (FILE NUMBER 167, SCR 55)ê
Whereas, The committee is aware that the supreme court in N.R.A.P. 46(c) has reserved to itself the right to appoint such counsel in any proceeding before it, and therefore the committee has omitted any contrary provision from Senate Bill No. 555 relating to compensation; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature respectfully suggests to the supreme court that it consider whether both the public interest in speedy and economical conduct of criminal proceedings and the interest of the accused in effective representation will be better served by providing for such continuity of representation, and that if it so finds the court amend its rule accordingly; and be it further
Resolved, That the legislative counsel transmit a copy of this resolution to the Supreme Court of Nevada.
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Senate Joint Resolution No. 23–Senator Wilson
FILE NUMBER 168
[To be returned to 1977 legislature]
SENATE JOINT RESOLUTION–Proposing to amend section 5 of article 6 of the constitution of the State of Nevada, relating to judicial districts, by providing for the selection of a chief judge in certain districts.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 5 of article 6 of the constitution of the State of Nevada be amended to read as follows:
[Sec: 5. The State is hereby divided into Nine Judicial Districts of which the county of Storey shall constitute the First; The county of Ormsby the Second; the county of Lyon the Third; The county of Washoe the Fourth; The counties of Nye and Churchill the Fifth; The county of Humboldt the Sixth; The county of Lander the Seventh; The county of Douglas the Eighth; and the county of Esmeralda the Ninth. The county of Roop shall be attached to the county of Washoe for judicial purposes until otherwise provided by law.]
Sec. 5. The Legislature may [, however,] provide by law for [an] the fixing and alteration [in] of the boundaries or divisions of the [Districts herein prescribed,] judicial districts, and [also] for fixing, increasing or diminishing the number of the Judicial Districts and Judges therein. But no such change shall take effect, except in case of a vacancy, or the expiration of the term of an incumbent of the Office. [At the first general election under this Constitution there shall be elected in each of the respective Districts (except as in this Section hereafter otherwise provided) One District Judge, who shall hold Office from and including the first Monday of December AD. Eighteen hundred and Sixty four and until the first Monday of January in the year Eighteen hundred and Sixty seven. After the said first election, there shall be elected at the General election which immediately precedes the expiration of the term of his predecessor, One District Judge in each of the respective Judicial Districts (except in the First District as in this Section hereinafter provided.)]
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ê1975 Statutes of Nevada, Page 1979 (FILE NUMBER 168, SJR 23)ê
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] registered voters of their respective districts [,] at the general election in 1866 and every 4 years thereafter, and shall hold office for the term of four Years [(excepting those elected at said first election)] from and including the first Monday of January, next succeeding their election and qualification. [; Provided, that the First Judicial District shall be entitled to, and shall have Three District Judges, who] In any judicial district where two or more district judges are provided by law, they 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. The legislature may provide by law for the selection, administrative duties and powers of a chief judge in any such judicial district.
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Assembly Joint Resolution No. 22–Assemblymen Weise, Howard, Jacobsen, Young, Moody, Getto, Dini, Mello and Ford
FILE NUMBER 169
[To be returned to 1977 legislature]
ASSEMBLY JOINT RESOLUTION–Proposing to amend section 3 of article 11 of the constitution of the State of Nevada, relating to the state permanent school fund, by excepting fines collected for fish and game law violations from moneys otherwise pledged for educational purposes.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 3 of article 11 of the constitution of the State of Nevada be amended to read as follows:
[Section] Sec. 3. All lands, including the sixteenth and thirty-sixth sections in any township donated for the benefit of public schools in the act of the Thirty-eighth Congress, to enable the people of Nevada Territory to form a state government, the thirty thousand acres of public lands granted by an act of Congress, approved July second, A.D. eighteen hundred and sixty-two, for each senator and representative in Congress, and all proceeds of lands that have been or may hereafter be granted or appropriated by the United States to this state, and also the five hundred thousand acres of land granted to the new states under the act of Congress distributing the proceeds of the public lands among the several states of the union, approved A.D. eighteen hundred and forty-one; provided, that Congress make provision for or authorize such diversion to be made for the purpose herein contained; all estates that may escheat to the state; all of such per centum as may be granted by Congress on the sale of lands; all fines collected under the penal laws of the state [;] , except fines collected for violations of the laws relating to fish and game; all property given or bequeathed to the state for educational purposes, and all proceeds derived from any or all of said sources shall be and the same are hereby solemnly pledged for educational purposes, and shall not be transferred to any other funds for other uses; and the interest thereon shall, from time to time, be apportioned among the several counties as the legislature may provide by law; and the legislature shall provide for the sale of floating land warrants to cover the aforesaid lands, and for the investment of all proceeds derived from any of the above-mentioned sources, in United States bonds, or the bonds of this state, or the bonds of other states of the union, or the bonds of any county in the State of Nevada; or in loans at a rate of interest of not less than six percent per annum, secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title and free from all encumbrances, said loans to be under such further restrictions and regulations as may be provided by law; provided, that the interest only of the aforesaid proceeds shall be used for educational purposes, and any surplus interest shall be added to the principal sum; and provided further, that such portion of said interest as may be necessary may be appropriated for the support of the state university.
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ê1975 Statutes of Nevada, Page 1980 (FILE NUMBER 169, AJR 22)ê
given or bequeathed to the state for educational purposes, and all proceeds derived from any or all of said sources shall be and the same are hereby solemnly pledged for educational purposes, and shall not be transferred to any other funds for other uses; and the interest thereon shall, from time to time, be apportioned among the several counties as the legislature may provide by law; and the legislature shall provide for the sale of floating land warrants to cover the aforesaid lands, and for the investment of all proceeds derived from any of the above-mentioned sources, in United States bonds, or the bonds of this state, or the bonds of other states of the union, or the bonds of any county in the State of Nevada; or in loans at a rate of interest of not less than six percent per annum, secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title and free from all encumbrances, said loans to be under such further restrictions and regulations as may be provided by law; provided, that the interest only of the aforesaid proceeds shall be used for educational purposes, and any surplus interest shall be added to the principal sum; and provided further, that such portion of said interest as may be necessary may be appropriated for the support of the state university.
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Senate Joint Resolution No. 30 of the 57th Session–Committee on Judiciary
FILE NUMBER 170
[To go on 1976 general election ballot]
SENATE JOINT RESOLUTION–Proposing 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.
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ê1975 Statutes of Nevada, Page 1981 (FILE NUMBER 170, SJR 30 of the 57th Session)ê
by the full court of any conflicts between decisions so rendered, and the kinds of cases which must be heard by the full court.
(b) For the places of holding court by panels of justices if established, and by the full court.
[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 disable 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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Senate Joint Resolution No. 35–Committee on Environment and Public Resources
FILE NUMBER 171
SENATE JOINT RESOLUTION–Requesting the division of Colorado River resources of the state department of conservation and natural resources to prepare and submit to the 59th session of the Nevada legislature the general plan, policy and recommended means of implementation for the development of Fort Mohave Valley lands.
Whereas, The Fort Mohave Act (P.L. 86-433) provides for the transfer of some 15,000 acres of certain important land resources along the Colorado River to the State of Nevada; and
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ê1975 Statutes of Nevada, Page 1982 (FILE NUMBER 171, SJR 35)ê
Whereas, NRS 321.480 to 321.536, inclusive, were passed in recognition and implementation of the Fort Mohave Act; and
Whereas, Approximately 6,000 acres were transferred to the State of Nevada several years ago for electric power generation and resort development pursuant to the Fort Mohave Act; and
Whereas, The remaining 9,000 acres of undeveloped land in the Fort Mohave Valley have been the subject of an environmental impact statement by the United States Bureau of Land Management which considered the effect on the environment of six alternatives for the use of such land; and
Whereas, The amendment of March 28, 1972, to the contract of sale between the United States and the State of Nevada provides that, following the preparation of the environmental impact statement, the United States Secretary of the Interior may formulate conditions and restrictions to be imposed on the use of such transferred lands; and
Whereas, Study and evaluation of the appropriate federal and state laws, contracts between the United States and the State of Nevada, the environmental impact statement and other documents are necessary to prepare adequately for the future acquisition and utilization of such land for the people of this state; and
Whereas, The division of Colorado River resources of the state department of conservation and natural resources has programed and initiated necessary studies and planning to seek a balanced use of these lands upon consideration of all appropriate and potential uses; and
Whereas, It is in the best interests of the people of the state that the legislature request the division of Colorado River resources to seek maximum input to its planning and studies from interested and affected federal, state and local agencies and the general public; and
Whereas, The studies of the division of Colorado River resources are programed toward the development of a general plan, guidelines and policy for development of the land in Fort Mohave Valley; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature hereby requests the division of Colorado River resources of the state department of conservation and natural resources to prepare and submit to the 59th session of the Nevada legislature the general plan, guidelines and policy, together with recommendations as to legislation, assistance or other implementation, pertaining to the acquisition and development of the 9,000 acres of undeveloped land in Fort Mohave Valley; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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ê1975 Statutes of Nevada, Page 1983ê
Senate Joint Resolution No. 32–Senators Schofield, Gojack, Hilbrecht, Sheerin, Raggio, Herr, Close, Wilson, Walker, Neal, Gibson, Echols, Blakemore, Young, Monroe, Lamb, Dodge and Bryan
FILE NUMBER 172
SENATE JOINT RESOLUTION–Urging the President, Congress and federal energy agencies to reevaluate federal energy research and development priorities and to place high priority on funding efforts in the field of solar energy.
Whereas, The United States requires an adequate, regular and continual supply of energy to maintain its industrial growth and development and general standard of living; and
Whereas, The United States is currently dependent upon fossil fuels for the majority of this country’s fuel consumption; and
Whereas, The percentage of the world’s crude oil reserves in the United States has decreased from 14 to 7 percent, and the percentage of world crude oil produced in the United States has decreased from 44 to 19 percent; and
Whereas, Supplies of foreign petroleum are sizable but increasingly costly and undependable, given the current economic, technological and international situation; and
Whereas, Fossil fuel extraction, production and consumption are often damaging to the air, water and land of these United States; and
Whereas, Congress and the President of the United States have emphasized research and development in the nuclear energy field over efforts in other areas, such as solar and wind energy; and
Whereas, Actual federal funds to be expended in 1975 on development and production on nuclear fission alone are estimated to exceed federal funds allocated for solar energy research by over 150 times; and
Whereas, Rather than wait until the United States has exhausted its fossil fuel reserves and reached the point where the energy crisis has made long-term economic recovery impossible, it is time now to conserve fossil fuels for petrochemical uses and turn to a program of intensive planning and research in the field of solar energy; and
Whereas, This country should shift from a finite energy source to an infinite source which is clean, constant and reliable; and
Whereas, Development of solar energy would produce a clean, reliable and infinite fuel source which could create a closed cycle energy system; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature of the State of Nevada hereby urges the President of the United States, Congress and federal energy agencies to reevaluate the direction of its energy research and development policies and to place a high priority on funding efforts to improve solar technology, to demonstrate its practicality in various regions of the United States, to study ways of increasing solar energy’s cost-effectiveness, and to provide and explore the possibilities of economic incentives to producers and utilizers of solar energy; and be it further
Resolved, That Nevada and other southwestern states with vast stretches of federally controlled desert land should be given consideration as ideal testing grounds for solar electric generation; and be it further
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ê1975 Statutes of Nevada, Page 1984 (FILE NUMBER 172, SJR 32)ê
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the President of the United States, the Vice President as presiding officer of the Senate, the Speaker of the House of Representatives, the members of the Nevada congressional delegation, the Federal Energy Administrator, the Administrator of the Energy and Research Development Administration, the Administrator of the National Aeronautics and Space Administration, the Director of the National Science Foundation and the Secretary of the Department of Housing and Urban Development; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Senate Joint Resolution No. 29–Senators Sheerin, Bryan, Raggio, Herr, Walker, Lamb, Monroe, Dodge, Hilbrecht, Foote, Wilson, Echols, Schofield, Blakemore, Close and Young
FILE NUMBER 173
SENATE JOINT RESOLUTION–Memorializing Congress to refrain from enacting any law which in any way abridges the right to keep and bear arms.
Whereas, The United States Constitution in the Bill of Rights declares that the people shall have the right to keep and bear arms; and
Whereas, This right is fundamental to a free people and a guarantee of their continued freedom; and
Whereas, The purpose of any gun control legislation is to prevent the use of guns in criminal acts, but in reality a criminal will not be constrained by such control; and
Whereas, In an era of rising crime it makes no sense whatsoever to enact laws which will have the effect of disarming honest citizens or at least making it more difficult for such citizens to be protected; and
Whereas, Any legislation requiring registration of firearms is an abridgment of constitutional rights; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature hereby memorializes the Congress of the United States to refrain from enacting any gun control or registration legislation that would abridge the constitutional right to keep and bear arms; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President 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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ê1975 Statutes of Nevada, Page 1985ê
Assembly Joint Resolution No. 43–Assemblyman Demers
FILE NUMBER 174
ASSEMBLY JOINT RESOLUTION–Memorializing the Congress of the United States to authorize the conveyance of the Lee Canyon Youth Camp property to Clark County, Nevada.
Whereas, Lee Canyon Youth Camp is located in the Toiyabe National Forest, some 50 miles from Las Vegas, in Lee Canyon, an area of outstanding scenic beauty; and
Whereas, The camp facilities are maintained by two full-time caretakers employed by Clark County, with an operating budget of $70,000; and
Whereas, Clark County has built numerous structures at the camp, namely, a dining hall with kitchen, dormitories, a recreation hall, a shop and a water system; and
Whereas, An estimated 10,000 persons, representing the YMCA, various churches, 4-H groups and others, make use of the camp’s facilities each year; and
Whereas, The 20-year lease on the property, signed with the United States Forest Service in 1961, will expire in 6 years and the loss of these facilities at that time will be a loss to the persons and organizations of Clark County; and
Whereas, To promote the health and welfare of the citizens of Clark County and to protect their substantial investment in the facilities of the camp, the people of Clark County should have legal title to the property; and
Whereas, Title to the property would be an incentive for the people of Clark County to improve the present facilities and expand the operation of the camp to enhance its usefulness; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature of the State of Nevada hereby memorializes the Congress of the United States to authorize the transfer of Lee Canyon Youth Camp to Clark County, Nevada; and be it further
Resolved, That the United States Department of Agriculture, which holds title to the property on which the Lee Canyon Youth Camp is situated, convey the title to the property to Clark County, Nevada; 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, to all members of the Nevada congressional delegation, to Mr. Earl Butz, Secretary of Agriculture, and to Mr. John McGuire, Chief of the Forest Service; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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ê1975 Statutes of Nevada, Page 1986ê
Assembly Joint Resolution No. 2–Assemblymen Howard, Jacobsen, Brookman and Young
FILE NUMBER 175
ASSEMBLY JOINT RESOLUTION–Memorializing the Congress of the United States to propose and submit to the states an amendment to the Constitution declaring that Representatives to Congress shall be apportioned among the states according to the total number of persons residing within each state.
Whereas, Section 2 of the 14th Amendment to the Constitution of the United States declares that Representatives to Congress shall be apportioned according to the whole number of persons in each state, excluding “Indians not taxed”; and
Whereas, The Supreme Court of the United States has held that all Indians are subject to federal income taxes without deciding what the phrase “Indians not taxed” was intended to mean; and
Whereas, The national census tabulated by the Bureau of the Census of the United States Department of Commerce includes all Indians living within each state; and
Whereas, The apportionment of Representatives to Congress is based upon the national census; and
Whereas, It appears that the phrase “Indians not taxed” is no longer significant in determining the number of persons residing within each state for apportionment of Representatives to Congress; and
Whereas, The continued inclusion of the phrase “Indians not taxed” in the Constitution of the United States is derogatory and potentially discriminatory against all Indians; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the 94th Congress of the United States is hereby memorialized to adopt and submit to the states for ratification an amendment to the Constitution of the United States to clarify the law relating to apportionment of Representatives to Congress by declaring that apportionment of Representatives to Congress shall, without exclusion of any race or nationality, be determined by the total number of persons residing within the state; 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; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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ê1975 Statutes of Nevada, Page 1987ê
Assembly Joint Resolution No. 4–Assemblymen Hayes, Dini, Demers, Mann, Harmon, Mello, Bremner, Sena, Schofield, Heaney, Barengo, Lowman, Robinson, Hickey, Banner, Craddock and Dreyer
FILE NUMBER 176
[To be returned to 1977 legislature]
ASSEMBLY JOINT RESOLUTION–Proposing to amend section 9 of article 2 of the constitution of the State of Nevada, relating to the recall of public officers to clarify the provisions and to expand such provisions to other local offices.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 9 of article 2 of the constitution of the State of Nevada be amended to read as follows:
Section 9. Every public officer in the State of Nevada is subject, as herein provided, to recall from office by the registered voters of the state, [or of the county, district, or municipality, from which he was elected. For this purpose a number of registered voters not less than twenty-five per cent (25%) of the number who actually voted in the state or in the county, district, or municipality electing said officer, at the preceding general election,] or in the county, district, township, municipality or ward from which the officer was elected. For this purpose, a number of registered voters not less than 25 percent of the number of persons who voted at the last preceding statewide general election in the state or in the county, district, township, municipality or ward from which the officer was elected, shall file their petition, in the manner herein provided, demanding his recall by the people; they shall set forth in said petition, in not exceeding two hundred (200) words, the reasons why said recall is demanded. If he shall offer his resignation, it shall be accepted and take effect on the day it is offered, and the vacancy thereby caused shall be filled in the manner provided by law. If he shall not resign within five (5) days after the petition is filed, a special election shall be ordered to be held within twenty days (20) after the issuance of the call therefor, in the state, or county, district, or municipality electing said officer, to determine whether the people will recall said officer. On the ballot at said election shall be printed verbatim as set forth in the recall petition, the reasons for demanding the recall of said officer, and in not more than two hundred (200) words, the officer’s justification of his course in office. He shall continue to perform the duties of his office until the result of said election shall be finally declared. Other candidates for the office may be nominated to be voted for at said special election. The candidate who shall receive highest number of votes at said special election shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed, or another. The recall petition shall be filed with the officer with whom the petition for nomination to such office shall be filed, and the same officer shall order the special election when it is required. No such petition shall be circulated or filed against any officer until he has actually held his office six (6) months, save and except that it may be filed against a senator or assemblyman in the legislature at any time after ten (10) days from the beginning of the first session after his election. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless such further petitioners shall pay into the public treasury from which the expenses of said special election have been paid, the whole amount paid out of said public treasury as expenses for the preceding special election.
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ê1975 Statutes of Nevada, Page 1988 (FILE NUMBER 176, AJR 4)ê
election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless such further petitioners shall pay into the public treasury from which the expenses of said special election have been paid, the whole amount paid out of said public treasury as expenses for the preceding special election. Such additional legislation as may aid the operation of this section shall be provided by law.
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Assembly Resolution No. 33–Assemblymen Ashworth, Dini and Mello
FILE NUMBER 177
ASSEMBLY RESOLUTION–Designating certain members of the assembly as members of the legislative commission in the legislative counsel bureau.
Resolved by the Assembly of the State of Nevada, That pursuant to the provisions of NRS 218.660 and the joint rules of the legislature, Assemblymen Keith Ashworth, Joseph E. Dini, Jr., Lawrence E. Jacobsen, Paul W. May, Donald R. Mello and Sue Wagner are designated as the regular assembly members; Assemblymen Virgil M. Getto and Robert L. Weise are designated as first and second alternate members, respectively, for Assemblymen Lawrence E. Jacobsen and Sue Wagner; and Assemblymen Eileen B. Brookman, Albert M. Wittenberg, Darrell H. Dreyer and Alan Glover are designated as first, second, third and fourth alternate members, respectively, for the other members, to serve until their successors are appointed.
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Senate Concurrent Resolution No. 48–Committee on Government Affairs
FILE NUMBER 178
SENATE CONCURRENT RESOLUTION–Directing the legislative commission to study and make recommendations relating to the impact of regulations by the health division of the department of human resources on the power of a local government to approve construction projects.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is directed to study:
1. The statutory requirements of chapters 116, 117, 278, 444 and 445 of NRS as they confer regulatory authority upon the health division of the department of human resources;
2. The effect of the health division’s regulations on local government’s authority to approve or disapprove construction projects; and
3. The feasibility of placing with local governments the exclusive control over the approval or disapproval of any construction project; and be it further
Resolved, That the legislative commission report the results of the study and make appropriate recommendations to the 59th session of the legislature.
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ê1975 Statutes of Nevada, Page 1989ê
Senate Concurrent Resolution No. 59–Senator Raggio
FILE NUMBER 179
SENATE CONCURRENT RESOLUTION–Memorializing the late Dr. Donald J. Zunini.
Whereas, Dr. Donald J. Zunini died on May 12, 1975, at the age of 55; and
Whereas, Dr. Zunini had been educated in Reno area schools, had been an athlete and maintained an avid interest in sports; and
Whereas, Dr. Zunini was graduated with honors in 1952 from the Chicago College of Optometry; and
Whereas, “Zuke,” as Dr. Zunini was affectionately known, dedicated much of his life to the youth of Nevada; and
Whereas, His love of athletics and of youth were beneficially combined in his organization and promotion of the All-Teen Golf Tournament initially in 1963, and in his leadership assistance in the development of the Swope Middle School grounds into a Little League and Pop Warner complex; and
Whereas, Dr. Zunini’s outstanding leadership manifested itself in his profession as an optometrist wherein he served as President of the Nevada Optometric Association; and
Whereas, He served as a member of the Washoe County Selective Service Board; and
Whereas, The friends and associates of Dr. Donald Zunini, and particularly the youth of Nevada, have suffered a grievous loss; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 58th session of the Nevada legislature extend their sincere condolences and express their profound sympathy to the family of Dr. Donald Zunini; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the widow and surviving family of the late Dr. Donald Zunini.
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Assembly Concurrent Resolution No. 38–Assemblymen Demers, Robinson, Ashworth, Wagner and Getto
FILE NUMBER 180
ASSEMBLY CONCURRENT RESOLUTION–Directs the legislative commission to study electric utility companies, gas utility companies and the public service commission of Nevada.
Whereas, Public utilities affect the lives of Nevadans every day and are absolutely essential to the maintenance of a modern society; and
Whereas, Utilities are regulated by government because they enjoy the benefits of monopolies allowed by the government; and
Whereas, The effectiveness of the regulation of utilities is dependent upon the expertise, ability, policies and resources of regulatory agencies; and
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ê1975 Statutes of Nevada, Page 1990 (FILE NUMBER 180, ACR 38)ê
Whereas, The public service commission of Nevada was created by the legislature and operates under the authority of the legislature but the legislature has never conducted a formal study of the important work of the public service commission of Nevada; and
Whereas, The energy crisis and increasing inflation has painfully alerted all Nevadans to the increased costs of public utility services and to the ways in which they are regulated; and
Whereas, Public utilities regulation is one of the most involved and complex of all operations of government, not readily understood by many and certainly not by the general public; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission study the public service commission of Nevada and utility companies regulated by such public service commission; and be it further
Resolved, That the committee shall undertake an evaluation study of electric and gas utility companies under the regulatory authority of the public service commission of Nevada including:
1. The statutory provisions applicable to the utility companies;
2. The alternate sources of fuel and electric energy and the cost and availability of such energy purchased by the utility companies for resale within the state;
3. The relationship of fuel and electric energy purchased by the utility companies to the total cost of providing service to all customers within the state;
4. The frequency and the nature of applications by the utility companies to the public service commission of Nevada;
5. The financing requirements of the utility companies and the effect of such financing requirements on utility rates;
6. The statutory changes needed to make additional funds available for capital improvements at a lower cost to the utility companies;
7. The effect of environmental laws on the utility companies and the relationship of such laws to the rates charged by the utility companies; and
8. The ability of the utility companies to communicate to their customers reasons for rate increases; and be it further
Resolved, That the committee shall examine the composition and staffing policies of the public service commission of Nevada to determine:
1. The adequacy of salaries;
2. The availability of qualified personnel;
3. The availability of adequate funding; and
4. The ability of the public service commission of Nevada to effectively evaluate frequent utility company applications; and be it further
Resolved, That the committee may request technical assistance from the executive agencies of the state, the University of Nevada System and the legislative counsel bureau for the committee’s conduct of the study and preparation of a report; and be it further
Resolved, That the legislative commission shall provide for contracts with independent expert consultants for assistance to the committee; and be it further
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ê1975 Statutes of Nevada, Page 1991 (FILE NUMBER 180, ACR 38)ê
Resolved, That a report of the findings and recommendations be submitted to the 59th session of the legislature.
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Assembly Concurrent Resolution No. 82–Committee on Legislative Functions
FILE NUMBER 181
ASSEMBLY CONCURRENT RESOLUTION–Commending Sergeant James Cerbin of the Nevada highway patrol, the legislative security force and others for service to the legislature.
Whereas, Public buildings have increasingly become the targets of protest ranging from peaceful demonstrations to violence and destruction; and
Whereas, Legislative bodies, because of their high public visibility and because of virtually unlimited public access to them are always prime targets for demonstrations and possible violence; and
Whereas, There exists a very real need for security for legislative bodies which assures the uninterrupted operation of the legislature but which also assures freedom of access to all citizens; and
Whereas, The Nevada highway patrol was called upon on quite short notice to undertake the security of the 58th session of the legislature and the legislative building, such security to include personnel, plans and special expertise in the area of security technology; and
Whereas, Under the leadership of Sergeant James Cerbin, the highway patrol responded in outstanding fashion, Sergeant Cerbin organizing security personnel, preparing comprehensive and well-designed emergency plans, training a regular legislative security force and smoothly coordinating these efforts with existing building security personnel; and
Whereas, The work of Sergeant Cerbin resulted, in a remarkable short time, in a coordinated, trained and unobtrusive security force and in emergency plans that will be the basis for legislative security for years to come; and
Whereas, The regular legislative security force assembled and trained under the supervision of Sergeant Cerbin has proven to be professional, competent and dignified, providing a welcome measure of security for people and property without hampering the free and open access of citizens to the legislature; and
Whereas, The planning and execution of legislative security was aided measurably by several people, including Mr. Stan Warren of Nevada Bell, Mr. Kenneth Holtberg of Sierra Communications and Lieutenant Floyd Glenn and Assistant Chief Larry Chapman of the Lake Tahoe Fire Protection District who provided personnel instruction in security technology and who have also provided special expertise and technical capacities as a backup for legislative security; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the legislature hereby commend Sergeant James Cerbin of the Nevada highway patrol for his outstanding professional contributions to legislative security, the other members of the highway patrol who provided assistance, to the regular legislative security force, to Mr.
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ê1975 Statutes of Nevada, Page 1992 (FILE NUMBER 181, ACR 82)ê
James Cerbin of the Nevada highway patrol for his outstanding professional contributions to legislative security, the other members of the highway patrol who provided assistance, to the regular legislative security force, to Mr. Stan Warren, Mr. Kenneth Holtberg, Lieutenant Floyd Glenn and Assistant Chief Larry Chapman, all of whom have contributed to a secure and orderly legislative session; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to Colonel James Lambert of the Nevada highway patrol, to Sergeant James Cerbin, to Mr. Stan Warren, Mr. Kenneth Holtberg, Lieutenant Floyd Glenn, Assistant Chief Larry Chapman and to all members of the legislative security force.
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Assembly Concurrent Resolution No. 85–Assemblyman Polish
FILE NUMBER 182
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late Eli Evasovic, former county clerk of White Pine County.
Whereas, With the death of Eli Evasovic, White Pine County and the State of Nevada lost a dedicated public servant and an active community member; and
Whereas, His first position as a public officeholder was as Justice of the Peace of Ely Township which he held for four consecutive terms beginning in 1956; and
Whereas, Eli Evasovic was elected to the office of county clerk in 1966 and occupied that position at the time of his death; and
Whereas, Eli Evasovic was a native Nevadan who received his B.S. degree from the University of Nevada and taught at Toiyabe High School in Gabbs, Nevada; and
Whereas, Eli Evasovic participated in numerous civic and social organizations such as the American Legion, Masonic Lodge, Kerak Temple of the Shrine, Knights Templar, Veterans of Foreign Wars and served on the Ely Museum Board; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the Nevada legislature express their sincere sympathy at the death of Eli Evasovic; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to his widow and surviving family.
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ê1975 Statutes of Nevada, Page 1993ê
Senate Resolution No. 19–Senator Brown
FILE NUMBER 183
SENATE RESOLUTION–Designating certain members of the senate as members of the legislative commission in the legislative counsel bureau.
Resolved by the Senate of the State of Nevada, That pursuant to the provisions of NRS 218.660 and the joint rules of the legislature, Senators Richard H. Bryan, Melvin D. Close, Jr., Carl F. Dodge, James I. Gibson, Lee E. Walker and Thomas R. C. Wilson are designated as the regular senate members; Senator William J. Raggio is designated the alternate member for Senator Dodge; and Senators Norman Ty Hilbrecht, Richard E. Blakemore, Mary L. Gojack, Joe Neal and Gary A. Sheerin are designated as first, second, third, fourth and fifth alternate members respectively for the other members, to serve until their successors are designated.
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Assembly Joint Resolution No. 15–Assemblymen Mann, Robinson, Price, Hickey, May, Getto, Jacobsen, Hayes, Moody, Chaney, Schofield, Benkovich, Dreyer, Howard, Heaney, Bennett, Christensen, Jeffrey, Vergiels, Sena and Brookman
FILE NUMBER 184
ASSEMBLY JOINT RESOLUTION–Urging the Energy Research and Development Administration to choose the Nevada Test Site for the storage and processing of nuclear material and for solar energy research under the Solar Energy Research, Development and Demonstration Act of 1974.
Whereas, The now supplanted Atomic Energy Commission has, over the years, demonstrated an outstanding concern for nuclear safety and has compiled, at the Nevada Test Site, an equally outstanding safety record; and
Whereas, The people of Southern Nevada have confidence in the safety record of the Nevada Test Site and in the ability of the staff of the site to maintain safety in the handling of nuclear materials; and
Whereas, The unemployment rate in Clark County, Nevada, is 20.7 percent higher than the disturbingly high national unemployment rate; and
Whereas, The people and the leaders in many states being considered as sites for the storage and processing of nuclear material have serious anxieties and doubts about providing storage and processing sites; and
Whereas, The existing facilities and the years of expertise in nuclear material handling at the Nevada Test Site are a tremendous existing resource; and
Whereas, Southern Nevada also offers an excellent environment in which to explore the potential of solar energy; and
Whereas, National energy independence and a clean environment are dependent upon tapping nonfossil fuel sources of energy for heating, cooling and electricity; and
Whereas, The existing facilities of the Nevada Test Site and its support infrastructure are available and well suited to scientific research in addition to nuclear projects; and
…………………………………………………………………………………………………………………
ê1975 Statutes of Nevada, Page 1994 (FILE NUMBER 184, AJR 15)ê
Whereas, The storage and processing of nuclear material, and solar energy research can both be carried out at the Nevada Test Site with minimal capital investment relative to other locations; 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 strongly urges the Energy Research and Development Administration to choose the Nevada Test Site for the storage and processing of nuclear material provided that there is an acceptance by the Energy Research and Development Administration of the following conditions:
1. Air cooling is used at the storage facility;
2. Rail transportation avoiding the Las Vegas metropolitan area is established to the site;
3. Appropriate state agencies and local governments can cooperate in, and contribute to, the development of the Energy Research and Development Administration’s site-specific environmental impact statement;
4. It is satisfactorily demonstrated that adequate radiation safeguards for storage and transportation can be developed and will be implemented;
5. Public hearings are held in at least four counties in the state prior to choosing a specific site for the facility; and be it further
Resolved, That under the provisions of the Solar Energy Research, Development and Demonstration Act of 1974 the Energy Research and Development Administration utilize the extensive resources and facilities of the Nevada Test Site to explore the potential uses of solar energy; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the administrator of the Energy Research and Development Administration, to the assistant administrators for nuclear energy and for solar, geothermal and advanced energy systems and to all members of Nevada’s congressional delegation; and be it further
Resolved, That this act shall become effective upon passage and approval.
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Assembly Joint Resolution No. 38–Assemblymen Coulter, Mann, Sena, Murphy, Hayes, Dreyer, Benkovich, Polish, Glover, Mello, Wittenberg, Weise, Bennett and Christensen
FILE NUMBER 185
ASSEMBLY JOINT RESOLUTION–Memorializing Congress to authorize and fund a veterans’ hospital in Southern Nevada.
Whereas, There are 92,000 veterans living in Nevada who have honorably served their country; and
Whereas, Approximately 50,000 of these veterans reside in Southern Nevada; and
Whereas, The closest veterans’ hospitals for these 50,000 veterans are in Los Angeles and Reno, a fact which makes hospital care for any of these veterans an extreme inconvenience and even a real hardship; and
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ê1975 Statutes of Nevada, Page 1995 (FILE NUMBER 185, AJR 38)ê
Whereas, United States Senators Cannon and Laxalt have introduced legislation to authorize a new veterans’ hospital in Southern Nevada to care for the many veterans now in the area as well as those to come in this rapidly growing region; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature hereby memorializes the Congress of the United States to act favorably upon the legislation introduced by Senators Cannon and Laxalt and to authorize and fund a veterans’ hospital in Southern Nevada; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President of the United States as presiding officer of the Senate, to the Speaker of the House of Representatives and to all members of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Joint Resolution No. 47–Committee on Ways and Means
FILE NUMBER 186
ASSEMBLY JOINT RESOLUTION–Memorializing Congress to call a convention to propose an amendment to the Constitution of the United States to prohibit Congress or the President or any federal agency from withholding, withdrawing or threatening to withhold or withdraw any federal funds from any state as a means of imposing or implementing federal policies which the Federal Government is not empowered under the United States Constitution to impose or implement directly.
Whereas, The powers delegated to the Federal Government by the United States Constitution are limited, and those powers not delegated to the Federal Government are reserved to the states; and
Whereas, It is becoming increasingly the practice of the Federal Government to require states to enact state laws to implement federal policies by threatening to withhold or withdraw federal funds for failure to do so; and
Whereas, The Federal Government has imposed upon the states many programs and obligations which require funding in excess of state means, thereby making the states subservient to and dependent upon the Federal Government for financial assistance; and
Whereas, Through the coercive force of withdrawing or withholding federal funds, or the threat of withdrawing or withholding federal funds, the Federal Government is indirectly imposing its will upon the states and requiring implementation of federal policies which neither Congress nor the President nor any administrative agency is empowered to impose or implement directly; and
Whereas, This coercive power of the purse is being used to extend the power of the Federal Government over the states far beyond the powers delegated to the Federal Government by the United States Constitution; and
…………………………………………………………………………………………………………………
ê1975 Statutes of Nevada, Page 1996 (FILE NUMBER 186, AJR 47)ê
Whereas, The power of the Federal Government should be exercised directly by the enactment, implementation and enforcement of federal laws governing only those areas in which the Federal Government is empowered to act by the United States Constitution, and the Federal Government should be prohibited from usurping the authority of the states and imposing its will indirectly in those areas in which it has no power to act directly; and
Whereas, The Federal Government has imposed upon the states many programs and obligations which require state administration and such programs or other programs may lose federal financing if certain conditions attached to the program are not met; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That pursuant to Article V of the Constitution of the United States, the legislature of the State of Nevada petitions the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States to prohibit the Congress, the President or any agent or agency of the Federal Government from withholding or withdrawing, or threatening to withhold or withdraw, any federal funds from any state as a means of requiring a state to implement federal policies which the Congress, the President or the agent or agency of the Federal Government has no power, express or implied under the Constitution of the United States, to impose upon the states or implement its own action, and to limit permissible conditions of federal financing by the Congress, the President or any agent or agency of the Federal Government designed to obtain state administration of federal programs at the risk of losing federal funds for other programs if any or all conditions of the program are not met; 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 Concurrent Resolution No. 88–Assemblyman Dini
FILE NUMBER 187
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late Margaret Elizabeth Anfang.
Whereas, With the death of Margaret Elizabeth Anfang, Nevada and Lyon County have lost a devoted public servant and beloved friend; and
Whereas, Margaret Anfang, known to her friends and colleagues as “Marge,” was a native Nevadan who was born in Empire in 1912 and resided in Yerington until her recent death; and
Whereas, Margaret Anfang attended school in Mound House, Yerington, and then attended Reno Business College; and
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ê1975 Statutes of Nevada, Page 1997 (FILE NUMBER 187, ACR 88)ê
Whereas, Margaret Anfang began her tenure with Lyon county government in 1946, after working with the Federal Government in Washington, D.C.; and
Whereas, Margaret Anfang was elected auditor-recorder of Lyon County in 1966 and served in that position until her death; and
Whereas, Not only did Margaret Anfang serve her community in her public office, she also contributed to it through membership in such social, civic and professional organizations as the Queen of the Valley Rebekah Lodge, Eagles Auxiliary, Nevada Fiscal Officers Association, and the Nevada Recorders Association, of which she was secretary; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 58th session of the Nevada legislature extend their condolences to the surviving family and relatives of the late Margaret Anfang; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the family of the deceased.
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Senate Concurrent Resolution No. 60–Senators Raggio and Young
FILE NUMBER 188
SENATE CONCURRENT RESOLUTION–Memorializing the late John P. Bevilacqua, Reno businessman.
Whereas, The legislature of the State of Nevada notes with sorrow the death of John P. Bevilacqua, a native of Reno and member of one of Nevada’s pioneer families; and
Whereas, John Bevilacqua was a prominent businessman whose family has been in the house-moving business in Reno for more than 60 years; and
Whereas, John Bevilacqua and his family were known for their endeavors in relocating numerous historic buildings in the Reno area, such as the famous Lake Mansion; and
Whereas, John Bevilacqua contributed his business expertise to various civic organizations, including the Reno Urban Renewal Commission and the Washoe Landmark Preservation, Inc.; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the condolences of the members of the 58th session of the legislature of the State of Nevada are hereby extended to the surviving family of the late John P. Bevilacqua; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to the family of the deceased.
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ê1975 Statutes of Nevada, Page 1998ê
Senate Concurrent Resolution No. 61–Senators Dodge, Brown, Monroe and Lamb
FILE NUMBER 189
SENATE CONCURRENT RESOLUTION–Memorializing the late Will Cobb.
Whereas, Nevada has lost a true friend and a devoted public servant with the passing of Will Cobb; and
Whereas, Will Cobb was born in Dayton, Nevada, in 1885 and lived most of his life in Virginia City; and
Whereas, He worked in many of the deep Comstock mines, operated a mail-passenger stage and in the 1920s drove a bus over sometimes unpaved roads; and
Whereas, Will Cobb served his state as an assemblyman from 1931 to 1935, and as a senator from 1935 to 1943; and
Whereas, In his capacity as a member of the Nevada legislature he was widely known for his sponsorship of enlightened social legislation such as pensions for the aged, for the blind, and for teachers; and
Whereas, Will Cobb also served his county of Storey, first as sheriff and later as county commissioner; and
Whereas, He completed his life of public service with the state highway department; now, therefore, be it
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 one of Nevada’s native sons, Will Cobb; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to his surviving son and family.
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Senate Concurrent Resolution No. 62–Senators Young, Gojack, Foote, Wilson and Raggio
FILE NUMBER 190
SENATE CONCURRENT RESOLUTION–Memorializing the late Ben A. Raggio.
Whereas, Ben A. Raggio was a native Nevadan and lifetime Reno resident; and
Whereas, He was born in 1907 to pioneer ranchers in Huffakers Valley and died in 1975 after an active life in the Reno business community; and
Whereas, In addition to his professional activities Ben Raggio was an avid sportsman who belonged to Ducks Unlimited, the National Wildlife Federation and the National Rifle Association; and
Whereas, Ben Raggio participated in community events as a sponsoring member of the Boy Scouts of America, as a member of the Wolf Pack Boosters, the Veterans of Foreign Wars and the American Legion; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 58th session of the Nevada legislature extend their condolences to the surviving family of the late Ben A.
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ê1975 Statutes of Nevada, Page 1999 (FILE NUMBER 190, SCR 62)ê
extend their condolences to the surviving family of the late Ben A. Raggio; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to his surviving widow, Georgia Hall Raggio.
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Senate Joint Resolution No. 39–Committee on Judiciary
FILE NUMBER 191
SENATE JOINT RESOLUTION–Memorializing the Congress of the United States to defeat the proposed federal no-fault automobile insurance legislation.
Whereas, There is pending before the Senate of the United States the proposed “National No-Fault Motor Vehicle Insurance Act” (S. 354); and
Whereas, The initial vote on S. 354 is expected to take place early in June 1975; and
Whereas, The State of Nevada, together with approximately 23 other states, have already enacted no-fault insurance plans tailored to the needs of the respective states; and
Whereas, The enactment of national no-fault legislation would have the effect of preempting and, in fact, abolishing these state no-fault insurance plans previously enacted; and
Whereas, S. 354 has been opposed by Dick L. Rottman, insurance commissioner of the State of Nevada and vice president of the National Association of Insurance Commissioners and by the Allstate Insurance Company which company performed an actuarial study indicating insurance premiums and insurance costs to motorists would be increased from 4 to 97 percent if a national no-fault insurance law were enacted; and
Whereas, The legislature of the State of Nevada, after extensive and substantial deliberation, enacted a no-fault insurance program tailored specifically to the needs of this state and its people, which plan is now operative; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That Congress is memorialized to defeat the federal legislation proposing a national no-fault insurance program and by so doing preserve the rights of the several states to enact and tailor no-fault insurance to their specific needs; 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, the Vice President of the United States as presiding officer of the Senate, to the Speaker of the House of Representatives, to United States Senators Howard Cannon and Paul Laxalt, and to Congressman James Santini; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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ê1975 Statutes of Nevada, Page 2000ê
Assembly Concurrent Resolution No. 73–Assemblymen Murphy, Ashworth, Mello, Wagner, Heaney, Christensen, Jacobsen, Barengo, Benkovich and Coulter
FILE NUMBER 192
ASSEMBLY CONCURRENT RESOLUTION–Honoring Harold’s Club on its 40th anniversary and commending its efforts in promoting tourism in the State of Nevada.
Whereas, February 23, 1975, marked the 40th anniversary of the opening of Harold’s Club in Reno; and
Whereas, Harold’s Club has pioneered numerous innovations in the gaming industry, such as hiring women as dealers in Nevada; and
Whereas, Harold’s Club, under the direction of the Smith family, played a leading role in the successful promotion of a four-lane highway between Reno and Sacramento; and
Whereas, Harold’s Club erected over 2,300 “Harold’s Club or Bust” billboards across the continental United States and in numerous other countries; and
Whereas, The innovations and promotions of Harold’s Club spurred the development of Reno and northern Nevada as major vacation and recreation areas; and
Whereas, This development of the tourism industry added greatly to the growth and prosperity of Reno and the entire State of Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 58th session of the Nevada legislature honor Harold’s Club on its 40th anniversary and commend its efforts in promoting tourism in the State of Nevada; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to Harold’s Club in Reno.
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Assembly Concurrent Resolution No. 84–Committee on Government Affairs
FILE NUMBER 193
ASSEMBLY CONCURRENT RESOLUTION–Directing the legislative commission to study the funding of the courts of the state.
Whereas, The American system of government is founded on the doctrine of the separation of powers in which no branch is preeminent over the others; and
Whereas, There are two aspects to this doctrine, one being the ability of any branch to prevent or obstruct the other two from acting and the other being that the system works only with the cooperation of all three branches; and
Whereas, The doctrine of the separation of powers is clearly established and understood at the federal and state levels but is far less clear at the local level; and
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ê1975 Statutes of Nevada, Page 2001 (FILE NUMBER 193, ACR 84)ê
Whereas, There is a continuing problem in this state at the local level between governing boards responsible for raising and expending public funds and judicial officers charged with conducting the courts; and
Whereas, This problem, leading in some cases to confrontations and appeals to higher courts, is in large part a result of a dearth of guidance either in the constitution or the statutes on the proper delineation of powers at the local level; and
Whereas, Local governing bodies cannot discharge their constitutional and statutory responsibilities unless they can control local budgets; and
Whereas, By the same token, the courts cannot discharge their responsibilities unless they have adequate funding; and
Whereas, Whatever solution is decided upon to clarify proper roles, such solution will involve at least the legislature, the courts and local governing bodies; and
Whereas, The complexity and sensitivity of this issue demand that before taking any action, the legislature should be assured that it has examined all alternatives; and
Whereas, The proper functioning of local government and the courts depends upon a clear understanding of roles and responsibilities, such understanding to be mutually arrived at by the parties involved; 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 problem of funding the courts of the state; and be it further
Resolved, That such study shall be conducted by a subcommittee composed of legislators, judges or other court personnel from all court levels affected and members of local governing bodies responsible for providing funding for courts; and be it further
Resolved, That the study shall examine and report on all alternatives for systems of court funding and disposition of court revenues to include suggestions for legislation that will facilitate such funding at the local level or that would provide state funding and state receipt of all court revenues; and be it further
Resolved, That the study should also include methods of increasing understanding of the judicial system by local governments and the citizens through the use of judicial councils or similar bodies; and be it further
Resolved, That the results of the study and any recommendations for legislation be reported to the 59th session of the legislature.
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Assembly Concurrent Resolution No. 89–Assemblymen Getto and Dini
FILE NUMBER 194
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late Laura E. Mills, distinguished Nevadan and beloved citizen.
Whereas, With the death of Laura E. Mills, Nevada has lost an outstanding educator, a beloved community leader and a most distinguished Nevadan; and
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ê1975 Statutes of Nevada, Page 2002 (FILE NUMBER 194, ACR 89)ê
Whereas, Miss Mills was born in 1893 in Elk River, Minnesota, and died in Fallon in 1973 after 66 years of residence in Nevada; and
Whereas, Laura Mills moved to Fallon to homestead with her family in 1908 and in 1912 graduated with the first Fallon High School class; and
Whereas, Laura Mills began her teaching career in Elko County and later taught at Fort Churchill and in the Churchill County school district; and
Whereas, In her lifetime, Laura Mills’ talents and interests encompassed a wide variety of subjects from horticulture to hunting and fishing to photography; and
Whereas, As an active participant in her community, Laura Mills shared her enthusiasm with young people as a 4-H Club leader, as a Girl Scout leader and as a Methodist church school teacher; and
Whereas, Miss Mills was a recognized authority on Nevada fossils and prehistoric animals, and was honored by having one of her discoveries placed on display at the Smithsonian Institution in Washington, D.C.; and
Whereas, The citizens of Fallon are expressing their pride in Laura Mills by dedicating and naming a city park in her honor; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 58th session of the Nevada legislature pay tribute to the memory of a distinguished Nevadan and beloved citizen, Laura E. Mills; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith to the surviving family of Laura E. Mills.
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Senate Joint Resolution No. 38–Committee on Environment and Public Resources
FILE NUMBER 195
SENATE JOINT RESOLUTION–Memorializing Congress to refrain from overruling the decision of the Secretary of the Interior to transfer control of the Charles Sheldon Antelope Range in northwestern Nevada from the Fish and Wildlife Service to the Bureau of Land Management, and urges the director, Bureau of Land Management, to place the administration of the range under a Nevada office of the Bureau of Land Management.
Whereas, The Secretary of the Interior, pursuant to his authority under the law, has ordered the transfer of administrative control of the Charles Sheldon Antelope Range in the northwestern part of Nevada from the Fish and Wildlife Service to the Bureau of Land Management; and
Whereas, Such transfer is welcomed by the State of Nevada; and
Whereas, The Sheldon Antelope Range is for the preservation of a resident species as opposed to a migratory species; and
Whereas, It has been traditional in all states that state fish and game departments have primary responsibility for resident species while the Fish and Wildlife Service works with migratory species; and
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ê1975 Statutes of Nevada, Page 2003 (FILE NUMBER 195, SJR 38)ê
Whereas, On lands under Bureau of Land Management administration, the preservation and study of wildlife is left with the state fish and wildlife departments; and
Whereas, A bill now in Congress, S.1293, would have the effect of overruling the transfer decision thus being detrimental to the best interests of this state and to the Sheldon Antelope Range; and
Whereas, The best use and protection of the Sheldon Antelope Range would be served by placing the range under Bureau of Land Management administration; and
Whereas, The most effective cooperation between the Bureau of Land Management and the Nevada department of fish and game for wildlife management on the Sheldon Antelope Range will be possible if the range is managed through a Nevada office of the Bureau of Land Management; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the 58th session of the Nevada legislature hereby memorializes the Congress of the United States to refrain from passing S.1293 and instead to support the decision of the Secretary of the Interior to transfer control of the Sheldon Antelope Range from the Fish and Wildlife Service to the Bureau of Land Management; and be it further
Resolved, That the legislature hereby urges the director of the Bureau of Land Management to bring the administration of the Sheldon Antelope Range under a Nevada office of the Bureau of Land Management that already has a working relationship with the Nevada department of fish and game; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President as presiding officer of the Senate, the Speaker of the House of Representatives, all members of the Nevada congressional delegation, the Secretary of the Interior and the director of the Bureau of Land Management; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Senate Joint Resolution No. 26–Senators Schofield, Lamb, Gibson, Close, Walker, Hilbrecht, Echols, Blakemore and Herr
FILE NUMBER 196
SENATE JOINT RESOLUTION–Memorializing Congress to initiate hearings for the purpose of considering and proposing a human life amendment to the United States Constitution.
Whereas, Each human life is precious and irreplaceable and entitled to the full protection of the law; and
Whereas, No condition of innocent human life will justify the denial of such protection; and
Whereas, It is appropriate that the laws of the United States of America guarantee that each human being has a right to life which must remain inviolate; now, therefore, be it
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ê1975 Statutes of Nevada, Page 2004 (FILE NUMBER 196, SJR 26)ê
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature hereby memorializes the Congress of the United States to take immediate action to initiate hearings for the purpose of considering and proposing a human life amendment to the United States Constitution which will give expression to the right to life as a constitutional right and guarantee that no human being will be denied the protection of law or deprived of life without due process of law; and be it further
Resolved, That copies of this resolution be prepared by the legislative counsel and transmitted forthwith to the Vice President as presiding officer of the Senate, 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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