[Rev. 2/28/2019 12:24:26 PM]
RESOLUTIONS AND MEMORIALS
κ1977 Statutes of Nevada, Page 1649κ
RESOLUTIONS AND MEMORIALS
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Senate Resolution No. 1Senators Echols, Gibson and Raggio
FILE NUMBER 1
SENATE RESOLUTIONAdopting Senate Standing Rules for the 59th session of the legislature.
Resolved by the Senate of the State of Nevada, That the Senate Standing Rules as amended by the 58th session are adopted for the 59th session of the legislature with the following amendments, additions and repeals:
1. Senate Standing Rule 1 is hereby amended to read as follows:
1
President.
The President shall take the chair and call the Senate to order precisely at the hour appointed for meeting, and if a quorum be present shall cause the Journal of the preceding day to be read. He shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the Chamber, shall order the Sergeant at Arms to suppress the same, and may order the arrest of any person creating any disturbance within the Senate Chamber. He may speak to points of order in preference to members, rising from his seat for that purpose, and shall decide questions of order without debate, subject to an appeal to the Senate by two members, on which appeal no member shall speak more than once without leave of the Senate. He shall [see that all officers and clerks perform their respective duties, and shall] sign all acts, addresses and joint resolutions, and all writs, warrants and subpenas issued by order of the Senate; all of which shall be attested by the Secretary. He [shall have] has general direction of the Senate Chamber, and [shall have a right to] may name any Senator to perform the duties of the Chair — but such substitution [shall] does not extend beyond an adjournment, [nor] or authorize the Senator so substituted to sign any document requiring the signature of the President.
2. Senate Standing Rule 3 is hereby added to read as follows:
3
Secretary.
The Secretary of the Senate is elected by the Senate, and shall:
1. Interview and recommend to the Committee on Legislative Functions persons to be considered for employment by the Senate.
2. See that all employees perform their respective duties.
3. Administer the daily business of the Senate.
3. Senate Standing Rule 31 is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 1650 (FILE NUMBER 1, SR 1)κ
31
President to Decide — Tie Vote.
A question is lost by a tie vote, but when the Senate is equally divided [,] on any question except the passage of a bill or joint resolution, the President may give the deciding vote.
4. Senate Standing Rule 40 is hereby amended to read as follows:
40
Standing Committees.
[Standing committees of the Senate shall be as follows:
1. Commerce and Labor, seven members.
2. Environment and Public Resources, seven members.
3. Education, seven members.
4. Government Affairs, seven members.
5. Finance, seven members.
6. Health, Welfare and State Institutions, seven members.
7. Judiciary, seven members.
8. Legislative Functions, seven members.
9. Taxation, seven members.
10. Transportation, seven members.]
The standing committees of the Senate and their respective jurisdiction for the reference of bills and resolutions are as follows:
1. Commerce and Labor, seven members, with jurisdiction over measures affecting primarily Titles 52-57, and chapters 489, 703-704A and 707-712 of NRS.
2. Education, Health, Welfare and State Institutions, six members, with jurisdiction over measures primarily affecting Titles 33, 34, 37-40 and 42 and chapters 583-585 of NRS.
3. Environment, Public Resources and Agriculture, six members, with jurisdiction over measures primarily affecting Titles 26 and 45-50 and chapters 488, 581, 582 and 586-590 of NRS, the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency.
4. Finance, seven members, with jurisdiction over measures primarily affecting chapter 286 of NRS and over appropriations, operating and capital budgets, bonding and any measures carrying or requiring appropriations and favorably reported by any other committee unless such reference is dispensed with by a two-thirds vote of the Senate.
5. Government Affairs, seven members, with jurisdiction over measures affecting primarily Titles 18-22, 24, 25, 27-31 and 36 and chapters 281-285, 287, 288 and 407 of NRS, except measures affecting primarily the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency.
6. Judiciary, seven members, with jurisdiction over measures affecting primarily Titles 1-16 and 41 of NRS.
7. Legislative Functions, seven members, with jurisdiction over measures affecting primarily Title 17 of NRS and the operation of the legislative session.
8. Taxation, with jurisdiction over measures affecting primarily Title 32 of NRS.
κ1977 Statutes of Nevada, Page 1651 (FILE NUMBER 1, SR 1)κ
9. Transportation, with jurisdiction over measures affecting primarily Title 44 and chapters 403-406, 408-410, 481-487, 705 and 706 of NRS.
5. Senate Standing Rule 46 is hereby amended to read as follows:
46
Forming Committee of the Whole.
In forming the Committee of the Whole [Senate the President] , the Senator who has so moved shall name a chairman to preside, and all bills considered shall be read by sections, and the chairman shall call for amendments at the conclusion of the reading of each section. All amendments proposed by the committee shall be reported by the chairman to the Senate.
6. Senate Standing Rule 53 is hereby amended to read as follows:
53
Committee Rules.
1. The rules of the Senate, as far as applicable, [shall be] are 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, Masons 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. A committee shall not recommend a bill for placement on the consent calendar if it makes any substantive change in the law or if an amendment of the bill is recommended.
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] are 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.
κ1977 Statutes of Nevada, Page 1652 (FILE NUMBER 1, SR 1)κ
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.
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] 2 weeks with the Secretary of the Senate.
15. All committee minutes [shall be] are open to public inspection upon request and during normal business hours.
7. Senate Standing Rule 110 is hereby added to read as follows:
110
Second Reading File — Consent Calendar.
1. All bills reported by committee shall be placed on a second reading file unless recommended for placement on the consent calendar. Upon the request of any Senator, at any time before the consent calendar is called, a bill placed on the consent calendar shall be transferred to the second reading file.
2. When the consent calendar is called, the bills remaining on the consent calendar shall be read by number and summary, and the vote shall be taken on their final passage as a group.
8. Senate Standing Rule 113 is hereby amended to read as follows:
113
Reading of Bills — General File.
All bills on the second reading file shall be read [the second time] in the order in which they are reported by committees. Upon [second] reading [,] of bills on the second reading file, Senate bills reported without amendments shall be engrossed and placed on the general file, and Assembly bills reported without amendments shall be placed on the general file.
κ1977 Statutes of Nevada, Page 1653 (FILE NUMBER 1, SR 1)κ
reading [,] of bills on the second reading file, Senate bills reported without amendments shall be engrossed and placed on the general file, and Assembly bills reported without amendments shall be placed on the general file. Committee amendments reported with bills shall be considered upon their second reading and such amendments may be adopted by a majority vote of the members present. Senate bills so amended shall be reprinted, engrossed, and placed on the general file, and Assembly bills so amended shall be reprinted, reengrossed and placed on the general file. Engrossed bills shall be placed at the head of the file in the order in which they are reported engrossed, except general appropriation bills, which shall be at the head of the file. The file, with each bill in order, shall be conspicuously posted in the Senate Chamber each day by the Secretary.
Any member may move to amend a bill during its reading on the second reading file or during its third reading and [such] the 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. Unless otherwise ordered by the Senate, one thousand copies of all amended bills shall be printed.
9. Senate Standing Rule 120 is hereby amended to read as follows:
120
Order of Business.
1. Roll call.
2. Prayer by the Chaplain.
3. Pledge of Allegiance to the Flag.
4. Reading and Approval of the Journal.
5. Presentation of Petitions.
6. Report of Standing Committees.
7. Report of Select Committees.
8. Messages from the Governor.
9. Communications from State Officers.
10. Messages from the Assembly.
11. Consent Calendar.
12. Second Reading and Amendment of Bills
[12.] 13. Introduction, First Reading, and Reference of Bills.
[13.] 14. Motions, Resolutions, and Notices.
[14.] 15. Business on General File and Third Reading of Bills.
[15.] 16. Unfinished Business.
10. Senate Standing Rules 41, 51 and 52 are hereby repealed and their respective numbers reserved for future use.
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κ1977 Statutes of Nevada, Page 1654κ
Assembly Resolution No. 1Committee on Legislative Functions
FILE NUMBER 2
ASSEMBLY RESOLUTIONProviding for the appointment of assembly attaches.
Resolved by the Assembly of the State of Nevada, That the following persons are elected as attaches of the assembly for the 59th session of the legislature of the State of Nevada: Carol L. Moore, Pauline W. Topken, Amy Lou Phelps, Joan E. Anderson, William A. Reinken, Paul Stephen Williams, Marion Burnham, Barbara A. Gomez, Kimberly A. Morgan, Phyllis Berkson, Jane E. Dunne, Sandra Gagnier, Virginia Pace, Ruth I. Olguin, Sharon OHara, Linda Chandler, Sandra R. Campbell, Patricia V. Hatch, Harriet E. Knauff, Anne M. Peirce, Debra I. Roventini, Harold Berger, John Wm. Furlong, Charles L. Daniels, Silvio D. Mastroianni, LaVelle I. Johnson, Sally Dunfield, Juanita Andrews, Silvia H. Campbell, Gladys L. Hart, Stella R. Liddicoat, Laverna E. Marwin, Darlene M. Shaw, Martha J. Laird, Warren T. Fowler, Michael D. Hoffman, Judith A. Hardie, Patricia L. Corette, Patricia S. Miller, Jovita N. Snodgrass, Barbara Morrow, Seville S. Lee, Robert D. Graham, Kathleen M. Hewlett, Martha Ann Kaylor, Colleen Susan Coffey, Ronald D. Marwin, Jr., Gypsy L. Buckridge, Darrell W. Rasner, Peggy Jo Hamernick, Bernard B. Ball, Larry W. Fister, Carl Richard Ruthstrom, Jr., Josie Holland.
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Assembly Resolution No. 3Assemblymen Mello and Bennett
FILE NUMBER 3
ASSEMBLY RESOLUTIONProvides an allowance for each member of the assembly for periodicals, stamps and stationery.
Resolved by the Assembly of the State of Nevada, That the sum to be allowed each member of the assembly for periodicals, stamps and stationery, as provided by law, is $60, and that this amount 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 these warrants.
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Assembly Resolution No. 4Committee on Legislative Functions
FILE NUMBER 4
ASSEMBLY RESOLUTIONDirecting that a special committee composed of seven members of the assembly study promotion of tourism and economic development.
Resolved by the Assembly of the State of Nevada, That a special committee composed of seven members of the assembly, including one member from the minority political party, be appointed to study promotion of tourism and economic development in the State of Nevada and submit appropriate recommendations and suggested legislation to the 59th session of the Nevada legislature.
κ1977 Statutes of Nevada, Page 1655 (FILE NUMBER 4, AR 4)κ
member from the minority political party, be appointed to study promotion of tourism and economic development in the State of Nevada and submit appropriate recommendations and suggested legislation to the 59th session of the Nevada legislature.
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Senate Resolution No. 2Senators Echols, Gibson and Raggio
FILE NUMBER 5
SENATE RESOLUTIONProviding for the appointment of senate attaches.
Resolved by the Senate of the State of Nevada, That the following-named persons are elected as attaches of the senate for the 59th session of the legislature of the State of Nevada: Judy Ahlstrom, Beverly Wilke, Nykki Kinsley, Jean Hanna, Dean Miller, Amos Buckner, Rob Martin, Molly Torvik, Janice Peck, Sheba Wooley, Virginia Letts, Donna Blodgett, Henrietta Valenta, Cheri Kinsley, Billie Brinkman, Genevieve Cronin, Deborah Inness, Muriel Mooney, Jane King, Winifred Slade, Sherry Evans, Cecilia Andrews, Janice Fondi, Celia Santowski, Mary Rochon, Albert M. Saibini, Beth Quilici and Mary E. Stanley.
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Senate Resolution No. 3Senator Lamb
FILE NUMBER 6
SENATE RESOLUTIONProviding an allowance for each member of the senate for periodicals, stamps and stationery.
Resolved by the Senate of the State of Nevada, That the sum to be allowed each member of the senate for periodicals, stamps and stationery, as provided by law, is $60, and that this amount be certified by the president and the secretary to the state controller, who is authorized to draw his warrants therefor on the legislative fund, and the state treasurer is thereafter authorized to pay these warrants.
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Senate Resolution No. 4Senator Gibson
FILE NUMBER 7
SENATE RESOLUTIONAmending Senate Resolution No. 19 of the 58th session of the legislature to designate certain members of the senate as regular members of the legislative commission in the legislative counsel bureau.
Resolved by the Senate of the State of Nevada, That Senate Resolution No. 19 of the 58th session of the legislature is hereby amended to read as follows:
κ1977 Statutes of Nevada, Page 1656 (FILE NUMBER 7, SR 4)κ
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] Norman Ty Hilbrecht 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 [,] and fourth [and fifth] alternate members respectively for the other members, to serve until their successors are designated.
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Senate Concurrent Resolution No. 1Senators Echols, Gibson and Raggio
FILE NUMBER 8
SENATE CONCURRENT RESOLUTIONAdopting Joint Rules of the Senate and Assembly for the 59th session of the legislature.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the Joint Rules of the Senate and Assembly as amended by the 58th session are adopted for the 59th session of the legislature with the following amendments:
1. Joint Rule 4 is hereby amended to read as follows:
4
[INDORSED AND PRESENTED TO THE GOVERNOR
After a bill or joint resolution shall have passed both Houses it shall be duly enrolled by the Enrolling Clerk of the House from which it originated, and shall be examined by the Enrolling Committee of such House, who shall carefully compare the enrollment with the engrossing bill or joint resolution as passed, correcting any errors that may be discovered therein.
Such]
BILLS AND JOINT RESOLUTIONS
Signature.
Each enrolled bill or joint resolution shall [thereupon] be presented to the presiding officers of both Houses for signature. [, who] They shall, after announcement is made of their intention to do so, sign [the same] it in open session and their signatures shall be followed by those of the Secretary of the Senate and Chief Clerk of the Assembly.
[Immediately thereafter such bill or joint resolution shall be presented to the Governor for action, as provided by law, and the Chairman of the Enrollment Committee shall forthwith report to such House the time when such presentation was made and that a receipt was obtained therefor.
κ1977 Statutes of Nevada, Page 1657 (FILE NUMBER 8, SCR 1)κ
The Enrolling Clerk shall indorse upon the back of each bill or joint resolution the House wherein it originated.]
2. Joint Rule 6 is hereby amended to read as follows:
6
PRINTING
Conditional.
[The Standing Committees on Printing of the two Houses shall be a Joint Standing Committee, who shall examine all matters proposed to be printed by concurrent order, and shall report what part of such matter is needful to print.] Each House may order the printing of bills introduced, reports of its own committees, and other matter pertaining to such House only; but no other printing shall be ordered except by a concurrent resolution passed by both Houses.
3. Joint Rule 7 is hereby amended to read as follows:
7
RESOLUTIONS
Concurrent resolutions shall be used as a means of expressing facts, principles, opinions and purposes of the Senate and Assembly, and for authorizing joint committees of the two Houses. They [shall not be] are not binding on either House until agreed to by both. They shall not be sent to the Governor for approval. Concurrent resolutions may be used to memorialize former members of the Legislature and other public figures, living or dead, but shall not be used for the purpose of congratulating any person or organization for insignificant accomplishments. No congratulatory resolution [shall] may be introduced without prior approval of the Committee on Legislative Functions of the appropriate House.
Joint resolutions, proposing amendment to the State Constitution, shall not be submitted to the Governor for his approval or signature, but shall, after enrollment, be delivered to the Secretary of State for filing and recording.
Joint resolutions, other than as enumerated in the preceding paragraph, shall be used as a means in addressing the President of the United States, Congress, or either House thereof, Representatives in Congress and the National Departments, and shall be delivered to the Governor for action as provided by law.
A concurrent resolution shall be used to request the return from the Governor of an enrolled bill for further consideration, or to accomplish the return of a bill from one House to the other.
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κ1977 Statutes of Nevada, Page 1658κ
Assembly Resolution No. 6Committee on Legislative Functions
FILE NUMBER 9
ASSEMBLY RESOLUTIONProviding for the appointment of an additional assembly attache.
Resolved by the Assembly of the State of Nevada, That Marjorie D. Robertson is elected as an additional attache of the assembly for the 59th session of the legislature of the State of Nevada.
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Assembly Resolution No. 8Assemblymen Mann, Sena, Jeffrey, Schofield, Kissam, May, Bennett, Chaney, Horn, Craddock, Hickey, Robinson, Banner, Vergiels, Harmon, Demers, Bremner, Brookman and Price
FILE NUMBER 10
ASSEMBLY RESOLUTIONCommending Glen C. Taylor for his services to education in Clark County.
Whereas, Glen C. Taylor of Henderson, Nevada, has served the people of Clark County with distinction and honor while a member of the Clark County Board of School Trustees; and
Whereas, During his 11 years of service he has held the positions of president and clerk of the board, devoting much time and effort to improve the quality of education and the utilization of the educational facilities; and
Whereas, Mr. Taylor is married to Lois Taylor, a teacher at Basic High School, the father of four sons, all graduates of Henderson schools, is a successful businessman who has served in a management capacity for 20 years and holds a degree in metallurgical engineering from the University of Idaho; and
Whereas, Mr. Taylor is active in civic and service organizations, among them the Henderson Rotary Club, Chamber of Commerce, Southern Nevada Museum, Nevada Safety Council, Nevada Reclamation Association, Nevada Water Pollution Control Agency, St. Rose de Lima Hospital Advisory Board and the Citizens for Private Enterprise; and
Whereas, Mr. Taylor justly deserves the recognition and commendation of the people of the State of Nevada for a job well done; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of the assembly of the 59th session of the legislature commend Glen C. Taylor for his many years of public service and hereby extend to him the gratitude of the assembly and the people of the State of Nevada; and be it further
Resolved, That a copy of this resolution be prepared and transmitted by the legislative counsel to Glen C. Taylor.
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κ1977 Statutes of Nevada, Page 1659κ
Senate Joint Resolution No. 4Senators Neal, Ashworth, Blakemore, Bryan, Close, Dodge, Echols, Faiss, Foote, Gibson, Glaser, Gojack, Hernstadt, Hilbrecht, Lamb, Raggio, Schofield, Sheerin, Wilson and Young
FILE NUMBER 11
SENATE JOINT RESOLUTIONCongratulating Jimmy Carter and Walter Mondale on their inaugurations as President and Vice President, respectively, of the United States.
Whereas, On the 20th day of January, Jimmy Carter and Walter Mondale will be formally inaugurated as President and Vice President, respectively, of the United States; and
Whereas, These men assume leadership of a nation dedicated to human advancement and the realization of peace and liberty for men and women everywhere; and
Whereas, On the inauguration day of Jimmy Carter and Walter Mondale, Nevadans will look with concern as these leaders embark the nation on a journey into her third century; and a century sure to be filled with unknown challenges and dangers; and
Whereas, The citizens of the United States, through the elective process, have expressed their confidence and trust in Jimmy Carter and Walter Mondale successfully to direct this nation through these trying times; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the members of the 59th session of the legislature of the State of Nevada extend their best wishes and congratulations to Jimmy Carter and Walter Mondale on their inaugurations as President and Vice President, respectively, of these United States; and be it further
Resolved, That the contents of this resolution be dispatched by telegraph by the legislative counsel to Jimmy Carter and Walter Mondale, and that certified copies of this resolution be prepared and transmitted forthwith by the secretary of state to Jimmy Carter and Walter Mondale; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Senate Resolution No. 9Committee on Legislative Functions
FILE NUMBER 12
SENATE RESOLUTIONProviding for the appointment of an additional senate attache.
Resolved by the Senate of the State of Nevada, That Lyndl L. Payne is elected as an additional attache of the senate for the 59th session of the legislature of the State of Nevada.
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κ1977 Statutes of Nevada, Page 1660κ
Assembly Resolution No. 9Committee on Legislative Functions
FILE NUMBER 13
ASSEMBLY RESOLUTIONAdding Assembly Standing Rule 111 and amending Assembly Standing Rule 120 for the 59th session of the legislature to provide for a consent calendar.
Resolved by the Assembly of the State of Nevada, That Assembly Standing Rule 111 is hereby added and Assembly Standing Rule 120 is hereby amended to read respectively as follows:
111
Consent Calendar Procedures.
1. On or before the 80th calendar day of a regular session, a standing committee may by unanimous vote of the members present report a bill with the recommendation that it be placed on the consent calendar. The question of recommending a bill for the consent calendar may be voted upon in committee only after the bill has been recommended for passage and only if no amendment is recommended. If the bill is an Assembly bill, it shall be engrossed upon receipt by the Chief Clerk of the committees recommendation.
2. The Chief Clerk shall maintain a list of bills recommended for the consent calendar. The list shall be printed in the daily history and shall include the summary of each bill, and the date the bill is scheduled for consideration on final passage.
3. Unless postponed by motion, the consent calendar shall be considered on Monday and Thursday. A bill reported on Friday to Monday, inclusive, is eligible to be considered on the following Thursday; a bill reported on Tuesday to Thursday, inclusive, is eligible to be considered on the following Monday.
4. At any time before the presiding officer calls for a vote on the passage of the consent calendar, a member may give written notice to the Chief Clerk or state orally from the floor of the Assembly in session that he objects to the inclusion of a particular bill on the consent calendar. If a member so objects, the Chief Clerk shall remove the bill from the consent calendar and transfer it to the second reading file. A bill removed from the consent calendar shall not be restored to that calendar.
5. During floor consideration of the consent calendar, members may ask questions and offer explanations relating to the respective bills.
6. When the consent calendar is brought to a vote, the bills remaining on the consent calendar shall be read by number and the vote shall be taken on their final passage as a group.
120
Order of Business.
The Order of Business shall be as follows:
1. Roll Call.
2. Reading and Approval of Journal.
3. Presentation of Petitions.
4. Reports of Standing Committees.
5. Reports of Select Committees.
6. Messages from the Governor.
κ1977 Statutes of Nevada, Page 1661 (FILE NUMBER 13, AR 9)κ
7. Messages from the Senate.
8. Motions, Resolutions and Notices.
9. Introduction, First Reading and Reference.
10. Consent Calendar.
11. Second Reading and Amendment.
[11.] 12. General File and Third Reading.
[12.] 13. Unfinished Business of Preceding Day.
[13.] 14. Special Orders of the Day.
[14.] 15. Remarks from the Floor, limited to ten minutes.
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Assembly Resolution No. 11Committee on Legislative Functions
FILE NUMBER 14
ASSEMBLY RESOLUTIONProviding for the appointment of an additional assembly attache.
Resolved by the Assembly of the State of Nevada, That Rae Jean Conoley is elected as an additional attache of the assembly for the 59th session of the legislature of the State of Nevada.
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Assembly Resolution No. 5Committee on Legislative Functions
FILE NUMBER 15
ASSEMBLY RESOLUTIONAmending Assembly Resolution No. 33 of the 58th session of the legislature to designate certain members of the assembly as regular members of the legislative commission in the legislative counsel bureau.
Resolved by the Assembly of the State of Nevada, That Assembly Resolution No. 33 of the 58th session of the legislature is hereby amended to read as follows:
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,] Eileen B. Brookman, 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] Assemblyman Robert L. Weise [are] is designated as [first and second alternate members, respectively,] the alternate member 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 [,] and second [, third and fourth] alternate members, respectively, for the other members, to serve until their successors are appointed.
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κ1977 Statutes of Nevada, Page 1662κ
Senate Concurrent Resolution No. 7Committee on Judiciary
FILE NUMBER 16
SENATE CONCURRENT RESOLUTIONAuthorizing expenditures of not more than $1,500 from the legislative fund for certain expenses in connection with joint hearings of the senate and assembly committees on judiciary held outside Carson City.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That expenditures of not more than $1,500 from the legislative fund are authorized to pay senate and assembly expenses for staff and any other necessary arrangements in connection with joint hearings of the standing committees on judiciary of the senate and assembly of the 59th session of the legislature held outside Carson City; and be it further
Resolved, That such expenditures may be made only on the approval of the chairmen of the government affairs committees of the senate and assembly.
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Senate Concurrent Resolution No. 8Senators Glaser, Ashworth and Raggio
FILE NUMBER 17
SENATE CONCURRENT RESOLUTIONMemorializing the late legislator Phil M. Tobin.
Whereas, When Phil M. Tobin passed away on December 8, 1976, the people of the State of Nevada lost the man fondly known as the father of Nevada gaming; and
Whereas, Phil Tobin symbolized the spirit of Nevada and played an unparalleled role in its history when, in 1931, as a freshman assemblyman, he introduced in the Nevada legislature the bill which legalized gambling; and
Whereas, Earlier last year the former legislator from Humboldt County received recognition for his role in Nevada gaming by being named an honorary member of the Nevada gaming commission; and
Whereas, Governor Mike OCallaghan presented the former legislator last year with a plague honoring his foresight as the original author of Nevadas first gaming regulations; and
Whereas, Mr. Tobin was a Winnemucca rancher when he was elected as a Republican assemblyman in 1930, spending one term in the assembly and one term in the senate before returning to ranching full time, an avid interest which he possessed for nearly all of his 75 years; and
Whereas, Mr. Robin was a member of the Winnemucca Lodge No. 19, F & AM, having served as a past master and also a member of the Humboldt Chapter No. 9, Royal Arch Masons, Scottish Rite Bodies of Nevada; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the deep and sincere condolences of the legislature of the State of Nevada be expressed to the surviving family of the late Phil M. Tobin; and be it further
κ1977 Statutes of Nevada, Page 1663 (FILE NUMBER 17, SCR 8)κ
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the brother and surviving son of the late and respected former legislator, Phil M. Tobin.
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Senate Concurrent Resolution No. 10Senator Sheerin
FILE NUMBER 18
SENATE CONCURRENT RESOLUTIONCommending Kiwanis International and designating Kiwanis Club Day to be February 3, 1977.
Whereas, Kiwanis International was organized in 1915 and selected 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 citizenship with an emphasis on public service; and
Whereas, In order to fulfill these goals, Kiwanis International has established a Major Emphasis Program, which each year singles out a particular area of need to be stressed by Kiwanis clubs in their service effort; and
Whereas, In recent years the Major Emphasis Program has concentrated on such public concerns as drug abuse, learning disabilities of the young and problems of senior citizens, and in 1976-77 the program concerns safeguards against crime; and
Whereas, The Kiwanis Club has a long history of service to the community, concern for the disadvantaged, and 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; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That Kiwanis International be commended for their unselfish contributions to the people of Nevada and to the nation; and be it further
Resolved, That February 3, 1977, 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 the Kiwanis in Nevada.
________
Senate Joint Resolution No. 9Senator Sheerin
FILE NUMBER 19
SENATE JOINT RESOLUTIONMemorializing Congress to enact legislation enabling the U.S. Forest Service to purchase lands at Lake Tahoe.
Whereas, It is imperative that the scenic, natural beauty and recreational opportunities of the Lake Tahoe region be preserved perpetually; and
κ1977 Statutes of Nevada, Page 1664 (FILE NUMBER 19, SJR 9)κ
Whereas, In furtherance of the preservation of Lake Tahoes scenic natural beauty and to provide recreational opportunities, the United States Forest Service desires to purchase approximately 240 acres of natural meadow and forest land at Lake Tahoe known as the Rabe Estate Property and located generally along U.S. Highway 50 and Elk Point Road adjacent to the Forest Service Nevada Beach Forest Camp, Douglas County, Nevada; and
Whereas, The property is owned by the Rabe Estate and available for purchase and would otherwise be subject to private development which could destroy its scenic beauty, interfere with the natural ecology, impair recreational use and place severe demands on the resources of the Lake Tahoe area; and
Whereas, The United States Internal Revenue Service has a substantial lien against the property; and
Whereas, The Forest Service has funds available to purchase only about one-half of the property and it would be of substantial benefit to all concerned for the Forest Service to purchase the Rabe Property in its entirety; and
Whereas, Such purchase by the Forest Service would be assured if the Congress of the United States would enact legislation to allow a credit by the Forest Service for the lien of the Internal Revenue Service or would otherwise enact appropriate legislation providing funds; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Legislature hereby respectfully memorializes the Congress of the United States to recognize the importance of preserving the scenic beauty, natural ecology and recreational opportunities of the Lake Tahoe region by enacting appropriate legislation to allow the Forest Service immediately to complete the purchase of the entire Rabe Estate Property; and be it further
Resolved, That copies of this resolution be prepared and submitted by the legislative counsel to the Vice President of the United States as the 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.
________
Assembly Joint Resolution No. 16Assemblymen Price, Banner, Harmon, Murphy, Barengo, Hayes, Polish, Bennett, Hickey, Rhoads, Bremner, Horn, Robinson, Brookman, Howard, Ross, Chaney, Jacobsen, Schofield, Coulter, Jeffrey, Sena, Craddock, Kissam, Serpa, Demers, Kosinski, Vergeils, Dini, Mann, Wagner, Dreyer, May, Westall, Glover, Mello, Goodman and Moody
FILE NUMBER 20
ASSEMBLY JOINT RESOLUTIONMemorializing the President of the United States not to suspend the operation of the Nevada atomic test site.
Whereas, President Carter has called for a halt to all nuclear testing instantly and completely, while indicating a desire to reach an agreement with the Soviet Union; and
κ1977 Statutes of Nevada, Page 1665 (FILE NUMBER 20, AJR 16)κ
Whereas, Many countries are experimenting with nuclear arms, including Russia, China, India and France, who are conducting both atmospheric and underground tests; and
Whereas, The people of the United States sincerely desire peace and security but have seen few indications that other world powers can be trusted to halt their development of nuclear arms pursuant to such agreements; and
Whereas, Such spontaneous unilateral action by the United States could have a long-term detrimental effect on our national security; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the 59th session of the legislature of the State of Nevada urges President Carter to proceed with the utmost caution towards a ban or limitations agreement with all countries that are currently developing nuclear arms; and be it further
Resolved, That the United States should take no unilateral action until an agreement has been reached by all powers involved; and be it further
Resolved, That the executive branch of the Federal Government should present a practical plan to convert the Nevada Test Site to another use to counterbalance the significant economic loss to Nevada caused by the discontinuation of nuclear testing; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the President of the United States, Senator Howard Cannon, Senator Paul Laxalt and Congressman James Santini; and be it further
Resolved, That this resolution become effective upon passage and approval.
________
Assembly Concurrent Resolution No. 13Assemblymen Schofield, Glover, Banner, Barengo, Bennett, Bremner, Brookman, Chaney, Coulter, Craddock, Demers, Dreyer, Gomes, Goodman, Harmon, Hayes, Hickey, Horn, Howard, Jacobsen, Jeffrey, Kissam, Kosinski, Mann, May, Mello, Moody, Murphy, Polish, Price, Rhoads, Robinson, Ross, Sena, Serpa, Vergiels, Wagner, Weise, Westall and Dini
FILE NUMBER 21
ASSEMBLY CONCURRENT RESOLUTIONDesignating Nevada Boy Scout Day to be February 7, 1977.
Whereas, On February 8, 1910, following a visit to England where he met Sir Robert Baden-Powell, founder of the Scouting movement, William D. Boyce, a Chicago publisher, founded by the Boy Scouts of America; and
Whereas, The Boy Scouts of America have designated February 7, 1977, as Boy Scout Day in commemoration of the 67th Anniversary of the founding of the Boy Scouts of America; and
Whereas, On this day, February 7, 1977, 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
κ1977 Statutes of Nevada, Page 1666 (FILE NUMBER 21, ACR 13)κ
young men the high ideals and principles of integrity and good character inherent in the Boy Scout Law; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That February 7, 1977, 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.
________
Assembly Resolution No. 14Assemblymen Brookman, Chaney, Bennett, Banner, Barengo, Bremner, Coulter, Craddock, Demers, Dreyer, Glover, Gomes, Goodman, Harmon, Hayes, Hickey, Horn, Howard, Jacobsen, Jeffrey, Kissam, Kosinski, Mann, May, Mello, Murphy, Polish, Price, Rhoads, Robinson, Ross, Schofield, Sena, Serpa, Vergiels, Wagner, Weise, Westall, Dini and Moody
FILE NUMBER 22
ASSEMBLY RESOLUTIONCommemorating the observance of Black History Week at the Doolittle Center in Las Vegas.
Whereas, The ancestors of most black Americans came to these shores with less than the optimism with which other groups arrived; and
Whereas, Since before the beginning of the Republic, the contributions of black citizens to the cause of freedom for all men have made a mark on our society far beyond their numbers; and
Whereas, Of all the ethnic groups which make up the nationality American, the black Americans have overcome the most forbidding obstacles, crossed the widest gulfs, and achieved the greatest advance; and
Whereas, Any ethnic group finds a great source of pride in its history in America, and the history of its forefathers in distant lands; and
Whereas, Studies and observances of Black history serve to display to all Americans the rich heritage and invaluable contributions to our countrymen of African descent; and
Whereas, Doolittle Center in Las Vegas will observe Black History Week from February 7-10, 1977, and will conduct discussions, concerts and film showings to give special emphasis to the progress made by black Americans; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That we commend the black citizens of Nevada on the many contributions which they and their forebears have made to our society and to the cause of liberty and equality; and be it further
Resolved, That we extend the congratulations of the people of Nevada on the occasion of Black History Week at Doolittle Center, and wish each participant success in his endeavor; and be it further
κ1977 Statutes of Nevada, Page 1667 (FILE NUMBER 22, AR 14)κ
Resolved, That a copy of this preamble and resolution be prepared and transmitted forthwith by the legislative counsel to Mr. Clyde Dawson, supervisor of Doolittle Center.
________
Assembly Resolution No. 15Assemblymen Jacobsen, Howard, Rhoads, Wagner and Weise
FILE NUMBER 23
ASSEMBLY RESOLUTIONCommending United States Senator Paul Laxalt.
Whereas, The Honorable Paul Laxalt, United States Senator from Nevada, truly represents the pioneer individualism, independence and philosophy of the people of the State of Nevada, so essential to the states economic growth and sovereignty; and
Whereas, His recent selection as a member of the Committees on Finance and Judiciary of the United States Senate is an undeniable recognition of his abilities as a man and an industrious and forceful leader in the United States Senate; and
Whereas, His political course of conduct has helped to establish for the people of this state the right of self-determination and a favorable climate for the attraction of industry and financial investments; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That United States Senator Paul Laxalt is congratulated upon his recent appointment to the Committees on Finance and Judiciary of the United States Senate, and he is hereby respectfully memorialized to continue his vigilant, political stewardship for the people of the State of Nevada, thus ensuring to them stimulants to economic growth and the continuation of laws guaranteeing the protection of their personal rights — the right to political freedom, the right to compete, and the right to freedom of expression, thought and association; 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, and to the congressional delegation of the State of Nevada.
________
κ1977 Statutes of Nevada, Page 1668κ
Assembly Joint Resolution No. 10Assemblymen Sena, Dreyer, Murphy, Bennett, Brookman, Coulter, Hayes, Craddock, Jeffrey, Robinson, Mann, Price, Kosinski, Barengo, Schofield, Westall, Demers, Goodman, Harmon, Vergiels, Serpa, Horn, Wagner, Chaney, Bremner, Weise, Howard, Moody, Rhoads, Glover, Ross, Kissam, Gomes, Mello, May, Jacobsen, Hickey, Dini and Polish
FILE NUMBER 24
ASSEMBLY JOINT RESOLUTIONCalling upon the Congress of the United States to amend the Social Security Act by eliminating the reduction in old-age benefits on account of earnings.
Whereas, The Social Security Act was passed by the Congress of the United States for the purpose, among others, of fostering the well-being and independence of older Americans; and
Whereas, The Social Security system has been set up in a manner which, in at least one respect, penalizes older Americans who are possessed of the initiative and ability to continue working; and
Whereas, Federal old-age benefits are reduced when the recipient has certain earnings, and in 1976 benefits were reduced in the case of each person (under 72) who earned more than $2,760, the reduction being 1 dollar for each 2 dollars of earnings over that amount; and
Whereas, Reductions will be imposed similarly in future years under the present law, and these deductions tend to make persons less willing to lead active, productive lives after beginning to receive Social Security benefits; and
Whereas, The Social Security system discriminates effectively against work, in that the reduction is for wages or earnings from self-employment while no reductions are imposed for income derived from savings, investments, pensions, insurance, royalties or other forms of passive income; and
Whereas, In contrast to the negative effect of these reductions on incentive, other social programs are being undertaken at various levels of government and by private enterprise to provide older Americans with suitable and stimulating activities; and
Whereas, Older Americans who wish and are able to remain active in work should be encouraged to do so for their own well-being and in order that the nation may draw upon this reserve of talent, experience and knowledge; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That this legislature, on behalf of the people of the State of Nevada, respectfully calls upon the Congress of the United States to amend the Social Security Act by eliminating the provisions which require the denial of benefits to older Americans on account of their earnings; 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 President of the Senate, to the Speaker of the House of Representatives, and to each member of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
κ1977 Statutes of Nevada, Page 1669κ
Senate Joint Resolution No. 6Senators Young, Raggio, Dodge, Schofield, Bryan, Lamb, Blakemore, Ashworth, Wilson, Hernstadt, Foote, Echols, Close, Gibson, Hilbrecht, Neal, Glaser, Gojack, Sheerin and Faiss
FILE NUMBER 25
SENATE JOINT RESOLUTIONCommending Gerald R. Ford and Nelson A. Rockefeller, former President and Vice President, respectively, of the United States upon their service to this nation.
Whereas, Gerald R. Ford became the 38th President of the United States during its worst internal upheaval since the Civil War; and
Whereas, President Ford ably and courageously accepted the unprecedented challenge of directing this nations angry and frightened citizens away from chaos and calamity; and
Whereas, During President Fords 2-year tenure he dedicated himself to uniting Americans separated by a bitterly controversial foreign war, reversing grueling inflation trends, conscientiously attempting to ease nagging unemployment statistics and returning the United States to harmony and tranquility; and
Whereas, The life and work of President Gerald R. Ford serve as an inspiration and provide a shining example of devotion to country, dedication to duty and service to ones fellow man; and
Whereas, President Ford accepted his countrymens challenge and call during a period of severe domestic need; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the members of the 59th session of the legislature of the State of Nevada hereby commend and extend their congratulations to Gerald R. Ford and Nelson A. Rockefeller, former President and Vice President, respectively, of the United States for their outstanding achievements and selfless dedication to the welfare of the citizens of these United States; and be it further
Resolved, That certified copies of this resolution be prepared and transmitted forthwith by the legislative counsel to Gerald R. Ford and Nelson A. Rockefeller; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
Assembly Concurrent Resolution No. 17Assemblymen Weise, Howard, Jacobsen, Wagner and Rhoads
FILE NUMBER 26
ASSEMBLY CONCURRENT RESOLUTIONCommemorating the birthday of Abraham Lincoln.
Whereas, February 12, 1977, was the 168th anniversary of the birth of Abraham Lincoln, 16th president of the United States; and
Whereas, The life of Abraham Lincoln is the story of mans 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
κ1977 Statutes of Nevada, Page 1670 (FILE NUMBER 26, ACR 17)κ
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 Assembly and Senate honor the memory of Abraham Lincoln, and that the members thereof dedicate themselves to the principles he so nobly advanced.
________
Assembly Resolution No. 16Assemblymen Brookman, Banner, Bennett, Bremner, Chaney, Craddock, Demers, Dreyer, Harmon, Hayes, Hickey, Horn, Jeffrey, Kissam, Mann, May, Price, Robinson, Ross, Schofield, Sena and Vergiels
FILE NUMBER 27
ASSEMBLY RESOLUTIONMemorializing the late Robert Baskin.
Whereas, The people of Nevada were deeply sorry to learn of the passing of Robert Baskin, 84, well-known Las Vegas restaurateur; and
Whereas, Mr. Baskin was born August 24, 1892, in Clarksville, Arkansas, and moved to Las Vegas in December 1929, where he resided until his death; and
Whereas, Mr. Baskin was politically active for many years and had served on the board of county commissioners of Clark County, the Las Vegas city commission, the city planning commission and the Clark County fair and recreation board; and
Whereas, Mr. Baskin was a colorful personality whose cafe was the gathering place for 25 years for local officeholders and political observers who enjoyed discussing politics; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of the 59th session of the legislature of the State of Nevada hereby convey their sincere sympathy to the surviving family of the late Mr. Robert Baskin; and be it further
Resolved, That a copy of this resolution be prepared forthwith by the legislative counsel and delivered to the surviving family of Mr. Baskin.
________
κ1977 Statutes of Nevada, Page 1671κ
Assembly Joint Resolution No. 6Assemblymen Harmon, Schofield, Demers, Mello, Weise and Dini
FILE NUMBER 28
ASSEMBLY JOINT RESOLUTIONUrging the Congress of the United States and the Secretary of the Interior to expedite the study of the feasibility of increasing the capacity of Hoover Dam.
Whereas, The United States Secretary of the Interior is authorized, pursuant to Public Law 94-156, to engage in feasibility studies of certain potential water resource developments, including the Boulder Canyon project modification located at Hoover Dam; and
Whereas, The investigation at Hoover Dam is scheduled to begin in October of 1977 and will be concerned primarily with the feasibility of increasing the capacity of the dam; and
Whereas, The need for such investigation is clearly indicated by the fact that the newest generator at Hoover Dam was installed 21 years ago; and
Whereas, Increased capacity at Hoover Dam might be accomplished by adding generating units to provide new generating capabilities, by using pump storage to capture water at off-peak periods for release and generation at peak periods, or by using new technology to renovate and upgrade existing generators; and
Whereas, Any increased capacity at Hoover Dam would be of direct or indirect benefit to all of the people of Nevada; 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 urges the Secretary of the Interior to expedite the study of the feasibility of increasing the capacity of Hoover Dam so that findings can be made at the earliest possible date and provided to all interested and affected parties in Nevada; and be it further
Resolved, That the legislature urges the Congress of the United States to continue funding the study at a level which will allow its early completion; 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 Vice President as presiding officer of the Senate, the Speaker of the House of Representatives, the members of the Nevada congressional delegation, the Secretary of the Interior and the Commissioner of Reclamation of the Bureau of Reclamation.
________
Assembly Joint Resolution No. 18Assemblymen Wagner, Vergiels, Jeffrey, Gomes, Price, Hayes, Moody and Serpa
FILE NUMBER 29
ASSEMBLY JOINT RESOLUTIONMemorializing the Congress of the United States to study and act on the hazards posed by the use of certain chlorofluorocarbon compounds in aerosol propellants.
Whereas, Scientific studies have revealed that certain chlorofluorocarbon compounds used in aerosol propellants may be destroying the ozone layer in the earths atmosphere; and
κ1977 Statutes of Nevada, Page 1672 (FILE NUMBER 29, AJR 18)κ
Whereas, The ozone layer is vital to life on earth, preventing approximately 99 percent of the suns midultraviolet radiation from reaching the earths atmosphere; and
Whereas, Increased intensity of ultraviolet radiation poses a serious threat to life on earth including increased occurrences of skin cancer, damage to food crops, damage to phytoplankton which is vital to the production of oxygen and to the food chain, and unpredictable and irreversible global climatic changes; and
Whereas, It has been estimated that production of ozone destroying chemicals is increasing at a rate of 10 percent per year, at which rate the ozone layer will be reduced 13 percent by the year 2014; and
Whereas, It has been estimated that there has already been a 1/2 to 1 percent depletion of the ozone layer; and
Whereas, It has been estimated that even if there were an immediate halt to production of ozone destroying chemicals, an approximate 3 1/2 percent reduction in ozone would occur by 1990; and
Whereas, The Commissioner of the Food and Drug Administration has announced his intention to propose rules for the gradual ending of nonessential uses of chlorofluorocarbon propellants and has invited the submission of comments and information on his contemplated proposal and related scientific matters; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That Congress is memorialized to act quickly and decisively in obtaining information on possible hazards to the environment and human health posed by the use of aerosol propellants; and be it further
Resolved, That Congress should prohibit the use of any aerosol propellant which is found to pose such hazards; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
Assembly Joint Resolution No. 11Assemblymen Dini, Mello, Serpa, Howard, Jacobsen, Moody, Demers, Vergiels, Sena, Mann, Barengo, Coulter, Goodman, Bremner, Westall, Brookman, Hickey, Price, May, Kissam, Dreyer, Wagner, Weise and Glover
FILE NUMBER 30
ASSEMBLY JOINT RESOLUTIONMemorializing Congress to study the feasibility of long-distance transfer of surplus water to alleviate future water shortages.
Whereas, Many western states are faced with dwindling water supplies and ever-increasing populations; and
Whereas, Many western states already lack sufficient water to meet domestic, industrial and agricultural needs; and
Whereas, Millions of acre-feet of water flow from the rivers of the northwestern United States into the Pacific Ocean each year and are lost to reclamation; and
Whereas, Long-distance transfer of surplus water would alleviate future water shortages in the western states; and
κ1977 Statutes of Nevada, Page 1673 (FILE NUMBER 30, AJR 11)κ
Whereas, Long-distance transfer of vital resources has proven to be technologically feasible; 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 study the feasibility of long-distance transfer of the surplus waters of the northwestern United States to the water-deficient areas of the western states; and be it further
Resolved, That the state engineer assist the Federal Government in the study and represent Nevadas interests and needs; 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.
________
Assembly Joint Resolution No. 5Assemblymen Demers, Harmon, Dini and Mello
FILE NUMBER 31
ASSEMBLY JOINT RESOLUTIONMemorializing the Congress of the United States to enact legislation which would provide depletion allowances to private firms engaged in the development of geothermal well production.
Whereas, The United States requires an adequate, regular and continuous supply of energy to maintain its industrial growth, development and general standard of living; and
Whereas, The United States now depends upon fossil fuels for most of its fuel consumption, and the percentage of the worlds crude oil reserves in the United States has decreased from 14 to 7 percent; and
Whereas, Supplies of foreign petroleum are sizable but have become increasingly costly and undependable under current economic, technological and international conditions; and
Whereas, Fossil fuel extraction, production and consumption are often damaging to the air, water and land of the United States; and
Whereas, Depletion allowances have proved to be strong incentives for the exploration and exploitation of oil resources in the United States; and
Whereas, In certain parts of our country, including Nevada, geothermal resources are available for the production of electrical power; and
Whereas, The use of geothermal resources for production of electrical power offers an alternative to fossil fuels and is not damaging to the air, water or land; now, therefore, be it
Resolved by the Assembly and the Senate of the State of Nevada, jointly, That Congress is hereby memorialized to introduce, consider and enact legislation which would provide depletion allowances as incentives to private firms engaged in the exploration and exploitation of geothermal energy resources; and be it further
κ1977 Statutes of Nevada, Page 1674 (FILE NUMBER 31, AJR 5)κ
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the President of the United States, the Vice President as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada congressional delegation.
________
Assembly Resolution No. 17Assemblymen Demers, Dini, Harmon and Mello
FILE NUMBER 32
ASSEMBLY RESOLUTIONAmending Assembly Standing Rule 40 to add one member to the Committee on Ways and Means.
Resolved by the Assembly of the State of Nevada, That Assembly Standing Rule 40 is hereby amended to read as follows:
40
Standing Committees.
The standing committees of the Assembly shall be as follows:
1. Ways and Means, [nine] ten 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. Environmental and Public Resources, nine members.
12. Health and Welfare, nine members.
13. Government Affairs, nine members.
There shall be no more than two members of the minority political party on a standing committee.
________
Assembly Concurrent Resolution No. 3Assemblymen Coulter, Weise, Dini, Wagner, Jacobsen, Howard, May, Serpa, Rhoads, Hickey, Westall, Polish, Banner, Hayes and Gomes
FILE NUMBER 33
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the effect of regulation of small business by state and local government agencies.
Whereas, Small businesses are increasingly regulated by government agencies; and
κ1977 Statutes of Nevada, Page 1675 (FILE NUMBER 33, ACR 3)κ
Whereas, Owners of small businesses must spend a great deal of time in providing administrative and other information to these agencies; and
Whereas, Many owners of small businesses are of the opinion that this information is unwarranted, unnecessary and unused by these agencies; and
Whereas, There is a need to determine whether the regulatory practices of these agencies exceed the limits of their statutory authority; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission study the effect of regulation of small business by state and local government agencies; and be it further
Resolved, That the legislative commission submit a report of its findings and recommendations to the 60th session of the legislature.
________
Assembly Concurrent Resolution No. 11Assemblymen Price, Mann, Ross, Hayes, Craddock, Banner, Wagner, Bremner, Sena, Jacobsen, Hickey, Vergiels, Dini, Jeffrey, Westall, Coulter, Glover, May, Murphy, Demers, Howard, Moody, Rhoads, Serpa, Horn, Harmon, Bennett, Kissam, Schofield, Kosinski, Barengo, Polish, Goodman, Robinson, Dreyer, Gomes, Chaney and Weise
FILE NUMBER 34
ASSEMBLY CONCURRENT RESOLUTIONCommending the General Federation of Womens Clubs and the Nevada Federation of Womens Clubs for their HANDS UP program to combat crime.
Whereas, The People of Nevada join with all Americans in their concern about the shocking rise in crime in our country; and
Whereas, In 1975, the General Federation of Womens Clubs established a program called HANDS UP, which provides means and guidance for local groups to initiate community action programs to reduce crime; and
Whereas, The Nevada Federation of Womens Clubs is participating with the General Federation in the HANDS UP program; and
Whereas, The Office of the President of the United States has recognized HANDS UP as an outstanding public service program; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 59th session of the Nevada legislature support the HANDS UP program against crime and commend the General Federation of Womens Clubs and the Nevada Federation of Womens Clubs for establishing the program and for their recognition that community interest and involvement is of first importance in stemming the rising crime rate; and be it further
Resolved, That the legislative counsel is directed to forward copies of this resolution to the General Federation of Womens Clubs and the Nevada Federation of Womens Clubs.
________
κ1977 Statutes of Nevada, Page 1676κ
Assembly Resolution No. 19Committee on Legislative Functions
FILE NUMBER 35
ASSEMBLY RESOLUTIONProviding for the appointment of an additional assembly attache.
Resolved by the Assembly of the State of Nevada, That Jody Lynn Barber is elected as an additional attache of the assembly for the 59th session of the legislature of the State of Nevada.
________
Senate Concurrent Resolution No. 15Committee on Education, Health and Welfare and State Institutions
FILE NUMBER 36
SENATE CONCURRENT RESOLUTIONDesignating March 2, 1977, as Nevada PTA Day and recognizing the outstanding service of the Parent-Teacher Association to the cause of education.
Whereas, Education of the youth of our nation is a concern of each of the citizens of Nevada and of the United States; and
Whereas, One national organization has rendered signal service to the cause of education by bringing together the nations primary and secondary educators and the parents of the children and young people whom they teach; and
Whereas, The Nevada Parent-Teacher Association is a strong link in the chain of state associations which have been a positive force in the development of the American education system; and
Whereas, Carol Kimmel, National President of the PTA, will honor the State of Nevada with a visit to the Nevada Parent-Teacher Association and to the Nevada legislature on March 2, 1977; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature declares March 2, 1977, to be PTA Day in Nevada; and be it further
Resolved, That the people of Nevada and their elected representatives in the legislature commend the national PTA, the Nevada PTA, and each Parent-Teacher Association in the State of Nevada upon their outstanding contributions to education in America.
________
κ1977 Statutes of Nevada, Page 1677κ
Senate Resolution No. 5Committee on Legislative Functions
FILE NUMBER 37
SENATE RESOLUTIONAmending Standing Rule 92 relating to notices of bills, topics and public hearings by specifying the contents and availability of the notice and providing a procedure for suspending the rule.
Resolved by the Senate of the State of Nevada, That Senate Standing Rule 92 be amended to read as follows:
92
Notices of Bills, Topics and Public Hearings.
Adequate notice shall be provided to the legislators and the public by posting information relative to the bills, topics and public hearings which are to come before committees. [Such notice and posting shall be made at appropriate, convenient places in the legislative building as well as appearing in the daily history.] Notices shall include the date, time, place and agenda, and shall be posted conspicuously in the legislative building, shall appear in the daily history, and shall be made available to the news media.
This requirement of notice may be suspended for an emergency by the affirmative vote of two-thirds of the committee members appointed.
________
Assembly Concurrent Resolution No. 20Assemblymen Wagner, Murphy, Coulter, Kosinski, Brookman, Westall, Hayes, Gomes, Weise, May, Goodman, Robinson, Craddock, Barengo, Ross, Mann, Moody, Horn, Bennett, Jeffrey, Rhoads, Chaney, Banner, Polish, Demers, Vergiels, Schofield, Harmon, Jacobsen, Dreyer, Dini, Serpa, Kissam, Glover, Price, Sena, Mello, Bremner and Hickey
FILE NUMBER 38
ASSEMBLY CONCURRENT RESOLUTIONCommemorating the Decade for Women.
Whereas, The United Nations has designated 1975-1985 as the Decade for Women; and
Whereas, Executive Order 11832 created the National Commission on the Observance of International Womens Year, 1975, and Public Law 94-167 established a National Conference for Women and state and territorial meetings for women; and
Whereas, These publicly funded observances will examine the contributions women have made at community, state and national levels; and
Whereas, The Nevada Womens Conference observing the Decade for Women will be held in Las Vegas, June 17-19, 1977, and will create opportunities to increase understanding of the barriers which many women tend to believe stifle their creativity and inhibit self-fulfillment and realization; and
Whereas, Twelve Nevada delegates will attend the National Womens Conference in Houston, Texas, November 18-21, 1977, enabling them to share information with other Americans and become more keenly aware of womens issues and concerns;
κ1977 Statutes of Nevada, Page 1678 (FILE NUMBER 38, ACR 20)κ
to share information with other Americans and become more keenly aware of womens issues and concerns;
now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature recognizes the value of the Decade for Women and encourages extensive participation by the women of Nevada at these conferences.
________
Senate Resolution No. 11Committee on Legislative Functions
FILE NUMBER 39
SENATE RESOLUTIONProviding for the appointment of an additional senate attache.
Resolved by the Senate of the State of Nevada, That John Kenneth Creighton is elected as an additional attache of the senate for the 59th session of the legislature of the State of Nevada.
________
Assembly Concurrent Resolution No. 21Assemblymen Howard and Rhoads
FILE NUMBER 40
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Assemblyman L. G. Carruthers.
Whereas, The legislature has learned with deepest sorrow and regret of the death of the respected former Assemblyman L. G. Carruthers; and
Whereas, Assemblyman Carruthers represented his constituency of Eureka County ably and well during the legislatures 48th session in 1957; and
Whereas, The respected assemblyman was politically aware and civic minded in Eureka County long after his dedicated service in the Nevada Assembly; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the sincere condolences of the 59th session of the Nevada legislature are hereby expressed to the surviving family of the late Assemblyman L. G. Carruthers; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the surviving family of the late distinguished assemblyman.
________
κ1977 Statutes of Nevada, Page 1679κ
Senate Resolution No. 12Senators Young, Raggio, Gojack, Wilson and Foote
FILE NUMBER 41
SENATE RESOLUTIONMemorializing the late George B. Maxey.
Whereas, The members of this body learned with deep sadness of the death of the eminent Reno hydrologist, George B. Maxey, Ph.D.; and
Whereas, Dr. Maxey was the director of the center for water resources research of the Desert Research Institute of the University of Nevada System from 1967 until his untimely death; and
Whereas, Dr. Maxey was an articulate and brilliant leader in the field of hydrological research as exemplified by his receipt of the O. E. Meinzer Award in Hydrology in 1971; and
Whereas, As a prolific researcher, Dr. Maxey conducted numerous hydrological and geological investigations and had published more than 55 field-related articles; and
Whereas, Dr. Maxey was considered one of the worlds foremost water research experts, as shown by his participation in several water planning investigations sponsored by the United Nations Development Program for many governments, including Egypt, Sudan, Mexico, Kenya and Poland; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the members of this body hereby extend their heartfelt condolences to the family of George B. Maxey; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the family of the late and distinguished George B. Maxey.
________
Senate Concurrent Resolution No. 9Senators Blakemore, Gibson, Bryan, Neal, Gojack, Glaser, Echols, Ashworth, Hilbrecht, Raggio, Dodge, Lamb, Close, Sheerin, Wilson and Schofield
FILE NUMBER 42
SENATE CONCURRENT RESOLUTIONCreating a select committee on public lands to meet with appropriate members of Congress and officials of the executive branch in Washington, D.C., concerning Nevadas need for additional lands in nonfederal ownership and related matters.
Whereas, The legislative commission was directed by S.C.R. 35 of the 58th session of the Nevada legislature to study means of deriving additional state benefits from the public lands; and
Whereas, The subcommittee appointed by the legislative commission to conduct the study, after receiving testimony and other evidence from a wide variety of sources, concluded that 13 percent of the states land area in nonfederal ownership is not enough and recommended that the state make a serious effort to increase that percentage; and
Whereas, The subcommittee recognized that the state would benefit from a multipronged approach which would include such actions as requests for congressional grants and negotiations with federal executive officials as well as the assertion of the states legal and equitable claims in the courts; and
κ1977 Statutes of Nevada, Page 1680 (FILE NUMBER 42, SCR 9)κ
requests for congressional grants and negotiations with federal executive officials as well as the assertion of the states legal and equitable claims in the courts; and
Whereas, The subcommittee concluded that a select committee of the Nevada legislature, assigned the task of carrying Nevadas case to Washington, would be the legislatures most effective tool during the next few months for achieving a reduction in the extreme imbalance between federal and nonfederal lands in this state; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That there is hereby created a select committee on public lands, composed of three members of the senate appointed by the majority leader of the senate and three members of the assembly appointed by the speaker of the assembly, for the purpose of meeting in Washington, D.C., with appropriate members of Congress and officials of the executive branch to consider Nevadas unique public land situation, the need for additional lands in nonfederal ownership and related matters; and be it further
Resolved, That the meeting in Washington, D.C., shall be scheduled to occur as soon as possible after the adjournment of the 59th session of the legislature; and be it further
Resolved, That the members of the select committee shall meet during the legislative session for the purpose of selecting a chairman and preparing for the Washington meeting, and that their study and review shall include the following items:
1. As an item of first priority, the question whether it would be advantageous for the state to become the manager or trustee for all or some of the public lands located in Nevada, even without acquiring ownership or any greater share of the proceeds from the lands, but with reimbursement of managerial expenses;
2. In pursuit of the overall objective of increasing from 13 percent the proportion of land in the State of Nevada under nonfederal ownership, consideration of specific proposals for a bill in Congress permitting the state each year to select a specified quantity of lands from the public domain within its boundaries until all such lands are in nonfederal ownership;
3. Review of the provisions of chapter 328 of NRS relating to state consent to acquisition of land for federal purposes, including consideration whether in the future the state should attempt to condition such consent upon the Federal Governments actually disposing of equivalent public lands in the state, and also including consideration whether state consent to federal acquisitions should be effective only upon approval by the legislature (or the legislative commission if the legislature is not in session);
4. Analysis to determine whether it would be in the best interests of the State of Nevada to pursue the possibility of congressional legislation, applicable to all federally held lands, specifying those uses and changes in use which could not be undertaken without the concurrence of the governor of the state in which the lands are located;
5. The commencement of efforts to develop, along with representatives of other western states, effective plans for joint action to carry to Washington the case of all the western states in favor of federal transfer of additional lands from the public domain; and
κ1977 Statutes of Nevada, Page 1681 (FILE NUMBER 42, SCR 9)κ
Washington the case of all the western states in favor of federal transfer of additional lands from the public domain; and
6. The identification of areas in the state where the Bureau of Land Management has failed to develop mechanisms for local residents to participate effectively in planning and decisionmaking for the public lands closest to them, and the necessary communication with B.L.M. and other Department of the Interior officials in Washington, as well as within the state, concerning whether the views of local residents ought to be entitled to greater weight and attention than those of persons from other areas within and without the State of Nevada; and be it further
Resolved, That the select committee is an official agency of the legislative counsel bureau and the members are entitled to receive out of the legislative fund for each days attendance at the Washington meeting, and other meetings after adjournment of the 59th legislative session as approved by the legislative commission, $40 per day and the per diem expense allowance and travel expenses provided by law; and be it further
Resolved, That the select committee shall submit its report to the legislative commission for transmission to the 60th session of the legislature.
________
Senate Resolution No. 14Committee on Legislative Functions
FILE NUMBER 43
SENATE RESOLUTIONProviding for the appointment of an additional senate attache.
Resolved by the Senate of the State of Nevada, That Colleen Crum is elected as an additional attache of the senate for the 59th session of the legislature of the State of Nevada.
________
Senate Concurrent Resolution No. 13Committee on Finance
FILE NUMBER 44
SENATE CONCURRENT RESOLUTIONAuthorizing augmentation from federal moneys of amounts appropriated for certain capital improvement projects.
Whereas, The sum of $456,000 was appropriated from the state general fund to the state planning board and allocated in section 12 of chapter 668, Statutes of Nevada 1973, for the construction of improvements for the National Guard, Carson City, Nevada, which included the Army Aviation Support Facility at Stead (project No. 73-14B); and
Whereas, The sum of $1,275,377 was appropriated from the state general fund to the state public works board in subsection 1 of section 1 of chapter 601, Statutes of Nevada 1975, for capital improvements for general state agencies, which included remodeling of the Heroes Memorial Building and the Supreme Court Building (project No.
κ1977 Statutes of Nevada, Page 1682 (FILE NUMBER 44, SCR 13)κ
general state agencies, which included remodeling of the Heroes Memorial Building and the Supreme Court Building (project No. 75-27); and
Whereas, The state public works board has demonstrated the need for an augmentation of the amounts appropriated for these projects; and
Whereas, Federal grants of money received under the authority of chapter 341 of NRS are available for this purpose; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That an augmentation of the amount appropriated from the state general fund to the state planning board and allocated in section 12 of chapter 668, Statutes of Nevada 1973, for the construction of improvements for the National Guard, Carson City, Nevada, is hereby authorized in the amount of $616,492 for additional design and construction costs for the Army Aviation Support Facility at Stead (project No. 73-14B), from federal money received under the authority of chapter 341 of NRS and available for this purpose; and be it further
Resolved, That an augmentation of the amount appropriated from the state general fund to the state public works board and allocated in subsection 1 of section 1 of chapter 601, Statutes of Nevada 1975, for capital improvements for general state agencies is hereby authorized in the amount of $4,981 for remodeling of the Heroes Memorial Building and for the provision of a closed-circuit television system for the Supreme Court Building (project No. 75-27), from federal money received under the authority of chapter 341 of NRS and available for this purpose.
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Senate Resolution No. 10Committee on Legislative Functions
FILE NUMBER 45
SENATE RESOLUTIONAmending Senate Standing Rule 40 to change the names of certain standing committees.
Resolved by the Senate of the State of Nevada, That Senate Standing Rule 40 is amended to read as follows:
40
Standing Committees.
The standing committees of the Senate and their respective jurisdiction for the reference of bills and resolutions are as follows:
1. Commerce and Labor, seven members, with jurisdiction over measures affecting primarily Titles 52-57, and chapters 489, 703-704A and 707-712 of NRS.
2. [Education, Health, Welfare and State Institutions,] Human Resources and Facilities, six members, with jurisdiction over measures primarily affecting Titles 33, 34, 37-40 and 42 and chapters 583-585 of NRS.
3. [Environment, Public Resources and Agriculture,] Natural Resources, six members, with jurisdiction over measures primarily affecting Titles 26 and 45-50 and chapters 488, 581, 582 and 586-590 of NRS, the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency.
κ1977 Statutes of Nevada, Page 1683 (FILE NUMBER 45, SR 10)κ
NRS, the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency.
4. Finance, seven members, with jurisdiction over measures primarily affecting chapter 286 of NRS and over appropriations, operating and capital budgets, bonding and any measures carrying or requiring appropriations and favorably reported by any other committee unless such reference is dispensed with by a two-thirds vote of the Senate.
5. Government Affairs, seven members, with jurisdiction over measures affecting primarily Titles 18-22, 24, 25, 27-31 and 36 and chapters 281-285, 287, 288 and 407 of NRS, except measures affecting primarily the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency.
6. Judiciary, seven members, with jurisdiction over measures affecting primarily Titles 1-16 and 41 of NRS.
7. Legislative Functions, seven members, with jurisdiction over measures affecting primarily Title 17 of NRS and the operation of the legislative session.
8. Taxation, with jurisdiction over measures affecting primarily Title 32 of NRS.
9. Transportation, with jurisdiction over measures affecting primarily Title 44 and chapters 403-406, 408-410, 481-487, 705 and 706 of NRS.
________
Senate Concurrent Resolution No. 20Senators Lamb, Dodge, Gibson, Young, Close, Wilson, Bryan, Raggio, Blakemore, Echols, Neal, Foote, Schofield, Gojack, Hilbrecht, Sheerin, Ashworth, Glaser, Faiss and Hernstadt
FILE NUMBER 46
SENATE CONCURRENT RESOLUTIONHonoring former State Senator B. Mahlon Brown.
Whereas, Former State Senator B. Mahlon Brown was born in Shreveport, Louisiana, on January 21, 1914, and moved to Las Vegas, Nevada, in 1923; and
Whereas, The distinguished former state senator was educated at various institutions of learning and received a degree in law from National University, now known as George Washington University, Washington, D.C., in 1937; and
Whereas, As a member of the United States Navy during World War II, State Senator Brown served his country nobly and well; and
Whereas, This admirable Nevadan has demonstrated a keen interest in the welfare of his beloved state and has sought to promote the best interests of his fellow Nevadans, as is shown by his membership in the legislature of the State of Nevada from 1951 to 1976; and
Whereas, During Senator Browns esteemed 25-year tenure in Nevadas legislature he continuously held positions of respect and was bestowed numerous honors, including Majority Floor Leader from 1965 to 1975, and further distinguished himself as serving longer than any other legislator in the history of the State of Nevada and, therefore, holds the title of Dean of the Nevada Legislature; and
κ1977 Statutes of Nevada, Page 1684 (FILE NUMBER 46, SCR 20)κ
other legislator in the history of the State of Nevada and, therefore, holds the title of Dean of the Nevada Legislature; and
Whereas, The genial disposition and warm-natured manner of Senator Brown blend to exhibit his charismatic personality which has earned him the affectionate regard of two generations of Nevadans; and
Whereas, The unselfish contributions and personal sacrifices made by former State Senator B. Mahlon Brown unceasingly illustrate that he epitomizes all that is honorable and decent, and inspires such qualities in others; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 59th session of the legislature of the State of Nevada hereby extend their warmest congratulations to former State Senator B. Mahlon Brown upon his retirement from the Nevada legislature and commend him for his meritorious service and unparalleled achievements on behalf of the citizens of this state; and be it further
Resolved, That a certified copy of this resolution be prepared and transmitted forthwith by the legislative counsel to former State Senator B. Mahlon Brown.
________
Senate Concurrent Resolution No. 21Senators Lamb, Dodge, Gibson, Young, Close, Wilson, Bryan, Raggio, Blakemore, Echols, Neal, Foote, Schofield, Gojack, Hilbrecht, Sheerin, Ashworth, Glaser, Faiss and Hernstadt
FILE NUMBER 47
SENATE CONCURRENT RESOLUTIONHonoring former State Senator Warren L. Monroe.
Whereas, Former State Senator Warren L. Monroe was born in Rocklin, California, April 17, 1906; and
Whereas, Senator Monroe attended schools at Roseville, California, and Sparks, Nevada, and, in 1929, graduated from the University of Nevada; and
Whereas, The former State Senator served his country ably and well during World War II; and
Whereas, Warren L. Monroe is the former owner and publisher of the Elko Independent, and in this capacity he regarded the management of his paper as a public trust, and served as an articulate and vibrant voice for freedom of the press; and
Whereas, Mr. Monroes legislative career began in 1941 when he served three consecutive terms in the Nevada Assembly, and in 1959 he was elected to represent the Northern Nevada Senatorial District serving continuously until his retirement in 1975; and
Whereas, Warren L. Monroe, fondly known as Snowy by his friends and colleagues, was an able and competent legislator and held many positions of honor, including Assistant Majority Floor Leader in 1973 and President pro Tempore of the Senate in 1975; and
Whereas, Senator Monroe has always demonstrated a keen interest in the progress of the State of Nevada, and has sought to promote the best interests of his fellow Nevadans, as is shown by his former chairmanships of the Democratic State Central Committee, the Nevada Fish and Game Commission and the Nevada Highway Advisory Board, as well as his membership in numerous civic and community associations; now, therefore, be it
κ1977 Statutes of Nevada, Page 1685 (FILE NUMBER 47, SCR 21)κ
of the Democratic State Central Committee, the Nevada Fish and Game Commission and the Nevada Highway Advisory Board, as well as his membership in numerous civic and community associations; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 59th session of the legislature of the State of Nevada hereby extend their congratulations and appreciation to former State Senator Warren L. Monroe upon his retirement from this distinguished body and commend Snowy for his selfless dedication to the welfare of all Nevadans; and be it further
Resolved, That a certified copy of this resolution be prepared and transmitted forthwith by the legislative counsel to former State Senator Warren L. Monroe.
________
Senate Concurrent Resolution No. 22Senators Lamb, Dodge, Gibson, Young, Close, Wilson, Bryan, Raggio, Blakemore, Echols, Neal, Foote, Schofield, Gojack, Hilbrecht, Sheerin, Ashworth, Glaser, Faiss and Hernstadt
FILE NUMBER 48
SENATE CONCURRENT RESOLUTIONHonoring former State Senator Helen Herr.
Whereas, Former State Senator Helen Herr was the first woman ever elected to the Nevada Senate; and
Whereas, Senator Herr has continuously demonstrated a sincere interest in the progress of the State of Nevada, and has striven to promote the best interests of her fellow Nevadans, as is shown by her membership and faithful participation in such organizations as the Las Vegas Humane Society, the Las Vegas Press Club, the Fraternal Order of Police Auxiliary, and as chairman of the East Las Vegas Town Board for 10 years; and
Whereas, Senator Herr began her legislative career in 1957 when she was elected to the Nevada Assembly where she tirelessly served for the next 10 years; and
Whereas, From 1967 until 1975 Senator Herr represented her constituency, Clark County Senatorial District No. 3, ably and commendably; and
Whereas, As a state senator, Mrs. Herr exemplified the finest attributes of womanhood and was an inspiration to her family and countless friends and colleagues; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 59th session of the legislature of the State of Nevada hereby extend their congratulations to former State Senator Helen Herr for her many outstanding achievements and her selfless dedication to the welfare of the people of Nevada; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to former State Senator Helen Herr.
________
κ1977 Statutes of Nevada, Page 1686κ
Senate Concurrent Resolution No. 23Senators Blakemore, Raggio, Young, Dodge, Lamb, Gibson and Close
FILE NUMBER 49
SENATE CONCURRENT RESOLUTIONMemorializing the former state senator, Charles D. Gallagher.
Whereas, The legislature notes with profound sorrow the recent death of former State Senator Charles D. Gallagher; and
Whereas, The State of Nevada, in the death of Senator Gallagher, has lost a respected and admired former state legislator; and
Whereas, Senator Gallagher was born May 22, 1887, on the Duck Creek Ranch where Kennecott Coppers McGill smelter is now located and he had the distinction of living in White Pine County longer than any other native; and
Whereas, Senator Gallaghers colorful life included driving a stagecoach from the Kent Post Office to Ely and, at 17, teaching in Elys one-room school; and
Whereas, Senator Gallagher was a professional photographer and opened Elys first photo shop in 1907 which he continued to operate periodically until his retirement in 1947; and
Whereas, In 1917, this distinguished Nevadan joined the United States Armys photographic air service, later part of the United States Army Signal Corps, and was placed in charge of all photographic instruction at the Cornell University training center until World War I ended; and
Whereas, Senator Gallaghers life-long dedication to public service began when he was elected to the Nevada Assembly, serving from 1915 to 1919; and
Whereas, Senator Gallagher reentered politics in 1953 and represented White Pine County in the Senate for the next 12 years, serving as president pro tempore of that body during the 1959, 1960 and 1961 sessions; and
Whereas, Charles D. Gallaghers devotion to community service is illustrated by his membership in the White Pine County Chamber of Commerce and Mines, the Rotary Club, the White Pine Museum and the Masonic Order; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of this body mourn the loss of a respected Nevada citizen and extend their condolences to the surviving family of former State Senator Charles D. Gallagher; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to the surviving family of the late respected Charles D. Gallagher.
________
κ1977 Statutes of Nevada, Page 1687κ
Senate Joint Resolution No. 14 of the 58th SessionCommittee on Judiciary
FILE NUMBER 50
[To go on 1978 general election ballot]
SENATE JOINT RESOLUTIONProposing 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.]
________
Assembly Concurrent Resolution No. 24Assemblymen Hayes, Dini, Banner, Barengo, Bennett, Bremner, Brookman, Chaney, Coulter, Craddock, Demers, Dreyer, Glover, Gomes, Goodman, Harmon, Hickey, Horn, Howard, Jacobsen, Jeffrey, Kissam, Kosinski, Mann, May, Mello, Moody, Murphy, Polish, Price, Rhoads, Robinson, Ross, Schofield, Sena, Serpa, Vergiels, Wagner, Weise and Westall
FILE NUMBER 51
ASSEMBLY CONCURRENT RESOLUTIONCommending the Girl Scouts of the United States of America.
Whereas, Juliette Low founded the organization of Girl Guides, later known as Girl Scouts, in 1912 in Savannah, Georgia, to provide healthful, character-building activities for girls; and
Whereas, Over 3 million young ladies, from 7 to 17 years of age, participate in girl scouting activities which emphasize the arts, the home and the joys of outdoor recreation; and
Whereas, These activities and programs are offered to the girls of the State of Nevada through the services of the Sierra Nevada Council in northern Nevada and the Frontier Council in southern Nevada; now, therefore, be it
κ1977 Statutes of Nevada, Page 1688 (FILE NUMBER 51, ACR 24)κ
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 59th session of the legislature of the State of Nevada hereby commend Nevadas individual troop leaders whose unselfish dedication and service have helped to promote girl scouting in the Silver State; and be it further
Resolved, That the members of the legislature welcome the representatives of the Sierra Nevada Council and the Frontier Council of the Girl Scouts of the United States of America to the legislative chambers during the session on March 21, 1977; and be it further
Resolved, That copies of this resolution be transmitted by the legislative counsel to the Sierra Nevada Council and the Frontier Council of the Girl Scouts of the United States of America.
________
Senate Concurrent Resolution No. 24Senators Ashworth, Gibson, Lamb, Close, Echols, Neal, Faiss, Hernstadt, Hilbrecht, Schofield, Bryan and Blakemore
FILE NUMBER 52
SENATE CONCURRENT RESOLUTIONMemorializing the late Assemblyman Raymond R. Germain.
Whereas, The members of this body were deeply saddened by the death of former Assemblyman Raymond R. Germain; and
Whereas, The respected and admired former assemblyman ably represented his Nye County constituency during the 1939 legislative session; and
Whereas, Raymond Germain was a Nevada newspaper pioneer who began his career with the Tonopah Times-Bonanza in 1933, moved to the Las Vegas Review-Journal in 1947, and, in 1950, helped establish the Las Vegas Sun where he remained as an influential and creative executive until his retirement in 1974; and
Whereas, Mr. Germain was an advocate of responsible newspaper reporting and worked to advance journalistic integrity by teaching journalism at Las Vegas High School and Nevada Southern, which he later helped transform into the University of Nevada at Las Vegas; and
Whereas, Mr. Germain demonstrated a keen interest in the progress of the State of Nevada and sought to promote the best interests of his fellow Nevadans as shown by his service on the University of Nevada board of regents for 6 years as well as being honored as the charter president of the Las Vegas Press Club and president of the Nevada State Press Association, which later presented Mr. Germain its Silver Makeup Rule Award for distinguished service to journalism; and
Whereas, Raymond Germain was a dedicated public servant who was western regional director of the United States Post Office for 7 years; and
Whereas, The Las Vegas printing firm and savings and loan association which Mr. Geramin founded established him as one of the communitys most prominent and respected business leaders; now, therefore, be it
κ1977 Statutes of Nevada, Page 1689 (FILE NUMBER 52, SCR 24)κ
Resolved by the Senate of the State of Nevada, the Assembly concurring, That we express this day our sincere condolences to the family of Raymond R. Germain; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the surviving sister, daughters and son of the late assemblyman.
________
Senate Joint Resolution No. 11Senators Glaser and Blakemore
FILE NUMBER 53
SENATE JOINT RESOLUTIONExpressing concern over new mining and grazing regulations of the United States Bureau of Land Management and requesting the President of the United States and the Congress to cause full deliberation before their imposition.
Whereas, The United States Bureau of Land Management has proposed to inflict new regulations on the subjects of mining and grazing which would materially interfere with the economy of the State of Nevada and of the United States; and
Whereas, Proposed mining regulations would halt a considerable portion of an industry on which Nevada relies for prosperity and for economic support of its society; and
Whereas, The collapse of mining operations in Nevada would deprive the United States of sorely needed metals and other minerals; and
Whereas, Proposed grazing regulations would continue the Bureaus policy of harassment of ranchers, and would result in sharp decline of the Nevada beef industry; and
Whereas, Every effort of the farmers and ranchers of the United States is needed to feed a hungry world; and
Whereas, The Bureau of Land Management has undertaken to impose its bureaucratic will upon the very citizens whose consent is required for it to govern; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That we call upon the United States Bureau of Land Management to withdraw its proposal to impose regulations on the mining and grazing activities of the State of Nevada and her citizens until those citizens have been given the opportunity to be heard within the counties of their residence upon the adoption of regulations which so closely control their very lives; and be it further
Resolved, That we call upon the President of the United States, the Secretary of the Interior, and the members of the Congress of the United States who are most concerned with the Bureau of Land Management and with the State of Nevada, to keep careful watch upon the operations of the Bureau, and to ensure that the People of the United States are served by its consideration of all relevant factors, including both environmental and economic concerns; 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 Secretary of the Interior, the Chairmen of the Interior and Insular Affairs Committees of the United States Senate and House of Representatives, and each member of the Nevada delegation to the Congress of the United States; and be it further
κ1977 Statutes of Nevada, Page 1690 (FILE NUMBER 53, SJR 11)κ
forthwith by the legislative counsel to the President of the United States, the Secretary of the Interior, the Chairmen of the Interior and Insular Affairs Committees of the United States Senate and House of Representatives, and each member of the Nevada delegation to the Congress of the United States; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
Assembly Joint Resolution No. 36 of the 58th SessionAssemblymen Barengo, Hayes, Sena, Wagner, Heaney, Lowman, Banner, Polish and Hickey
FILE NUMBER 54
[To go on 1978 general election ballot]
ASSEMBLY JOINT RESOLUTIONProposing 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:
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 one of the associate justices of the supreme court, or any two of them, the governor is authorized and empowered to designate any district judge or judges to sit in the place or places of such disqualified or disabled justice or justices, and said judge or judges so designated shall receive their actual expense of travel and otherwise while sitting in [said] 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.
κ1977 Statutes of Nevada, Page 1691 (FILE NUMBER 54, AJR 36 of the 58th Session)κ
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.
________
κ1977 Statutes of Nevada, Page 1692κ
Assembly Resolution No. 21Assemblymen Glover, Dini, Jacobsen and Serpa
FILE NUMBER 55
ASSEMBLY RESOLUTIONMemorializing the late Dan C. Murphy, special master of the juvenile court for Carson City.
Whereas, This body was deeply saddened by the untimely death of Dan C. Murphy, special master of the juvenile court for Carson City; and
Whereas, Mr. Murphy was a native Nevadan, born in Goldfield, June 14, 1924, and attended Carson City schools where he excelled in athletics; and
Whereas, Dan C. Murphy served ably and well in the United States Navy during World War II; and
Whereas, Mr. Murphy was an active and enthusiastic Carson City resident who had served as a city councilman, justice of the peace and deputy clerk in the United States District Court while it was at Carson City; and
Whereas, Mr. Murphy also served as Carson Citys chief juvenile probation officer until his appointment in 1974 as special juvenile master; and
Whereas, Governor Mike OCallaghan recognized Mr. Murphys ability and skilled knowledge in the field of juvenile probation and appointed him to the State Juvenile Delinquency Advisory Board; and
Whereas, Mr. Murphy had diverse state and community interests and concerns which were demonstrated by his membership in the Carson City Elks Lodge, Carson City Lions Club and his service as chairman of the Small Counties Planning and Allocation Committee; and
Whereas, Mr. Murphy was a respected and admired Carson City resident and was a recipient of the SOCK Coach of the Year Award — the Carson City Sheriffs Departments youth boxing program; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of this body express their sincere sympathy and extend condolences to the family of the late Dan C. Murphy; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the family of Mr. Murphy.
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Assembly Joint Resolution No. 28Assemblymen Dini and Demers
FILE NUMBER 56
ASSEMBLY JOINT RESOLUTIONMemorializing the Congress of the United States to reject proposed amendments to the McCarran-Ferguson Act and retain state control of insurance.
Whereas, In 1945 the McCarran-Ferguson Act, 15 U.S.C. §§ 1011 to 1015, inclusive, was enacted into law; and
Whereas, In that Act it is stated, Congress declares that the continued regulation and taxation by the several States of the business of insurance is in the public interest; and
κ1977 Statutes of Nevada, Page 1693 (FILE NUMBER 56, AJR 28)κ
Whereas, In the course of such regulation, the several states have encouraged and required continued improvements in insurance coverages and the provision of insurance at reasonable rates; and
Whereas, The several states have continually reviewed, experimented with, and altered various approaches to regulation in an effort to assure the public of the availability of insurance at the lowest practicable cost; and
Whereas, The business of insurance has developed a competitive structure which includes a wide variety of organizations and many small businesses providing policies and services directly to the public; and
Whereas, The public has benefited from the competitive structure of the insurance business and from the regulation of the business by the several states; and
Whereas, Federal regulation has repeatedly been shown not to be a panacea; and
Whereas, It is clear that the establishment of federal regulation increases the cost of government and often increases the cost of products and services to the consumer without providing offsetting benefits to the public; and
Whereas, Federal regulation often adds confusion and delay; and
Whereas, There has been no showing that the several states cannot continue to provide effective regulation of the insurance business; and
Whereas, There has been no showing that federal regulation of the insurance business, by applying federal antitrust laws and limiting state regulation, will have a salutary effect upon the business or otherwise benefit the public; and
Whereas, Two or more insurance companies often pool their resources and coordinate their actions under state regulation in order to provide effective insurance coverage of certain risks, to provide reasonable prices and efficient services for the public, and to make available innovative coverages and services; and
Whereas, Officials of the Federal Government have publicly, although unofficially, recommended amendment of the McCarran-Ferguson Act so as to limit state regulation of the business of insurance; 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 reject any proposed legislation to amend the McCarran-Ferguson Act by providing for federal regulation and limiting state regulation of the insurance business; and be it further
Resolved, That copies of this resolution be prepared and transmitted 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.
________
κ1977 Statutes of Nevada, Page 1694κ
Assembly Joint Resolution No. 39Committee on Legislative Functions
FILE NUMBER 57
ASSEMBLY JOINT RESOLUTIONMemorializing Congress to provide equitable treatment for the expenses which state legislators may claim while temporarily at the state capital.
Whereas, Legislators in the State of Nevada only meet for 3 or 4 months every 2 years; and
Whereas, Nevadas legislators are legally required to maintain permanent homes in the districts which they are elected to represent; and
Whereas, Nevada encompasses 110,540 sparsely populated square miles, which requires many legislators to travel great distances when the legislature is in session; and
Whereas, Such immense distances compel many legislators to take temporary quarters in the state capital during the legislative session; 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 respectfully requested to allow the deduction for tax purposes of expenses for state legislators temporary quarters, and to determine that a state legislators temporary quarters used while the legislature is in session is not to be considered as the legislators tax home; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the chairmen of the United States Senate Committee on Finance and House of Representatives Committee on Ways and Means and to each member of Nevadas congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
Assembly Joint Resolution No. 30Assemblyman May
FILE NUMBER 58
ASSEMBLY JOINT RESOLUTIONMemorializing the Congress of the United States to refrain from enacting any law which would establish federal supervision over public retirement systems or require public employees to enroll under Social Security.
Whereas, The proposed Public Employee Retirement Income Security Act, H.R. 13040, which was introduced in Congress on April 5, 1976, would have established federal jurisdiction over and supervision of public retirement systems in the areas of vesting, portability and funding; and
Whereas, There is presently a proposal before the Subcommittee on Social Security of the House Ways and Means Committee which would require all persons covered by public retirement systems to enroll under Social Security in addition to their present coverage; and
Whereas, Mandatory enrollment under Social Security, in addition to the present coverage provided to public employees by the public employees retirement systems, would increase the annual cost to public employees and their respective public employers by approximately $30 million per year to enroll those employees in an additional federal program which has an unfunded liability of approximately $2.1 trillion; and
κ1977 Statutes of Nevada, Page 1695 (FILE NUMBER 58, AJR 30)κ
million per year to enroll those employees in an additional federal program which has an unfunded liability of approximately $2.1 trillion; and
Whereas, There is presently a proposal under consideration by a congressional committee to require that all public retirement systems invest 20 percent of their assets in housing investments with the provision that the public systems would have 10 years from the date of passage to reach the 20 percent of portfolio participation level; and
Whereas, The public employees retirement system of the State of Nevada presently has a policy of investing up to 10 percent of portfolio in mortgage and real estate investments with a return of over 10 percent which would not be possible with investments in housing because the return is considerably lower; and
Whereas, The public employees retirement system and the legislators retirement system of the State of Nevada have been required to participate in an indepth analytical study on behalf of a special task force committee of Congress which is studying all public employee retirement systems throughout the nation; and
Whereas, There have been substantial improvements in the public employees retirement system of the State of Nevada during the past 3 years, such as an increase in investment income from $9 million to $28 million per annum, an increase in average annual yield from 4.04 percent to 8.77 percent and a reduction of unfunded liability from $366 million to $233 million, which indicates that federal supervision of the system is not needed; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature is very strongly opposed to any federal legislation that would establish federal jurisdiction over or supervision of any public retirement system in Nevada; and be it further
Resolved, That the legislature is very strongly opposed to any federal legislation that would require mandatory enrollment of public employees under Social Security or place any investment restrictions on public retirement systems 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 as presiding officer of the Senate, to every member of the Senate and House of Representatives and to the congressional task force which is studying public retirement systems; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
Senate Concurrent Resolution No. 27Senator Gibson
FILE NUMBER 59
SENATE CONCURRENT RESOLUTIONRequesting the return to the senate from the governors office of Senate Bill No. 35.
Whereas, Senate Bill No. 35 has passed both houses of the 59th session of the legislature, has been enrolled and delivered to the governor; and
κ1977 Statutes of Nevada, Page 1696 (FILE NUMBER 59, SCR 27)κ
Whereas, Senate Bill No. 35 needs further legislative attention; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the governor of the State of Nevada is hereby respectfully requested to return to the senate Senate Bill No. 35 for further consideration.
________
Assembly Concurrent Resolution No. 22Assemblymen Demers, Dini and Harmon
FILE NUMBER 60
ASSEMBLY CONCURRENT RESOLUTIONCreating a committee to study the public service commission of Nevada; requiring the committee to report its findings and recommendations to the legislature; and providing other matters properly relating thereto.
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 government; and
Whereas, The effectiveness of the regulation of utilities is dependent upon the skill, policies and resources of regulatory agencies; and
Whereas, Allegations have been made concerning the integrity of individual members of the public service commission of Nevada and questions have arisen concerning the procurement practices of and contracts entered into by Nevada utilities; and
Whereas, The public service commission of Nevada was created by the legislature and operates under laws enacted by the legislature; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That a bipartisan committee composed of three members of the assembly appointed by the speaker of the assembly and two members of the senate appointed by the majority leader of the senate is hereby created to study the public service commission of Nevada. One of the members of the committee shall be appointed chairman by the speaker of the assembly; and be it further
Resolved, That the committee shall study specifically the allegations which have been made concerning the integrity of individual members of the public service commission of Nevada; and be it further
Resolved, That the committee report its findings and recommendations to the legislature before adjournment of the 59th session.
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κ1977 Statutes of Nevada, Page 1697κ
Assembly Joint Resolution No. 21Assemblymen Hickey, Westall, May, Price and Dreyer
FILE NUMBER 61
[To be returned to 1979 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to amend section 7 of article 1 of the constitution of the State of Nevada, relating to bail, by expanding the classification of crimes for which bail may be denied.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 7 of article 1 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 7. All persons shall be bailable by sufficient sureties; unless for Capital Offenses or murders punishable by life imprisonment without possibility of parole when the proof is evident [,] or the presumption great.
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Assembly Concurrent Resolution No. 27Assemblyman Glover
FILE NUMBER 62
ASSEMBLY CONCURRENT RESOLUTIONRequesting the return to the assembly from the governors office of Assembly Bill No. 298.
Whereas, Assembly Bill No. 298 has passed both houses of the 59th session of the legislature, has been enrolled and delivered to the governor; and
Whereas, Assembly Bill No. 298 needs further legislative attention; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the governor of the State of Nevada is hereby respectfully requested to return to the assembly Assembly Bill No. 298 for further consideration.
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Senate Concurrent Resolution No. 4Committee on Legislative Functions
FILE NUMBER 63
SENATE CONCURRENT RESOLUTIONAmending Joint Rule 1 to limit conference committees to one and require open and announced meetings.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That Joint Rule 1 be amended to read as follows:
1
COMMITTEES OF CONFERENCE
To Be Appointed by One House at Request of the Other.
In every case of an amendment of a bill, or joint [,] or concurrent resolution, agreed to in one house, dissented from in the other, and not receded from by the one making the [same, such] amendment, each house shall appoint a committee to confer with a like committee to be appointed by the other; and the committee so appointed shall meet publicly at a convenient hour to be agreed upon by their respective chairmen and announced publicly, and shall confer upon the differences between the two houses as indicated by the amendments made in one and rejected in the other and report as early as convenient the result of their conference, including a narrative summary of the actions of the committee of conference, to their respective houses.
κ1977 Statutes of Nevada, Page 1698 (FILE NUMBER 63, SCR 4)κ
receded from by the one making the [same, such] amendment, each house shall appoint a committee to confer with a like committee to be appointed by the other; and the committee so appointed shall meet publicly at a convenient hour to be agreed upon by their respective chairmen and announced publicly, and shall confer upon the differences between the two houses as indicated by the amendments made in one and rejected in the other and report as early as convenient the result of their conference, including a narrative summary of the actions of the committee of conference, to their respective houses. The report and narrative summary shall be made available to all members of both houses. The whole subject matter embraced in the bill or resolution shall be considered by the committee, and it may recommend recession by either house, new amendments, new bills or resolutions, or other changes as it sees fit. New bills or resolutions so reported shall be treated as amendments, unless [such] the bills or resolutions are [comprised] composed entirely of original matter, in which case they shall receive the treatment required in the respective houses for original bills, or resolutions, as the case may be.
The report of a conference committee may be adopted by acclamation, and such action may be considered equivalent to the adoption of amendments embodied therein. [But such report shall not itself be] The report is not subject to amendment. [, and if either house refuse to adopt such report, the conferees may be discharged and other conferees appointed; provided, however, that no more than three different conference committees shall be appointed on any one bill. No member who has served on a conference committee shall be appointed a member of another conference committee on the same bill.]
There shall be but one committee of conference on any bill or resolution. A majority of the members of a committee of conference from each house shall be members who voted for the passage of the bill or resolution.
________
Senate Concurrent Resolution No. 6Committee on Legislative Functions
FILE NUMBER 64
SENATE CONCURRENT RESOLUTIONProviding for the adjournment of the legislature for specified purposes and periods during the session.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That Joint Rule 9 is hereby amended to read as follows:
9
ADJOURNMENT
[Neither House, during the session of the Legislature, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
κ1977 Statutes of Nevada, Page 1699 (FILE NUMBER 64, SCR 6)κ
In adjourning for not more than three days, either the day of adjourning or the day of meeting shall be taken into the count, but Sunday shall not be taken into the count in making this computation.
The Legislature is adjourned for more than three days by concurrent resolution.]
1. In calculating the permissible duration of an adjournment for 3 days or less, the day of adjournment shall not be counted but the day of the next meeting shall be counted, and Sunday shall not be counted.
2. The legislature may adjourn for more than 3 days by concurrent resolution. One or more such adjournments, for a total of not more than 20 days during any regular session, may be taken to permit standing committees, select committees or the legislative counsel bureau to prepare the matters respectively entrusted to them for the consideration of the legislature as a whole.
________
Assembly Resolution No. 23Committee on Legislative Functions
FILE NUMBER 65
ASSEMBLY RESOLUTIONDesignating certain members of the assembly as regular and alternate members of the legislative commission.
Resolved by the Assembly of the State of Nevada, That pursuant to the provisions of NRS 218.660, the following assemblymen are designated regular and alternate members of the legislative commission to serve until their successors are designated: Mrs. Eileen B. Brookman, Messrs. Joseph E. Dini, Jr., Lawrence E. Jacobsen, Paul W. May, Donald R. Mello and Robert E. Robinson are designated as the regular assembly members; Mr. John E. Jeffrey, Mrs. Karen W. Hayes and Mr. William A. Kissam are designated as the first, second and third alternate members, respectively, for Mrs. Eileen B. Brookman; Messrs. Alan Glover, John Polish and Don A. Moody are designated as the first, second and third alternate members, respectively, for Mr. Joseph E. Dini, Jr.; Mrs. Sue Wagner and Messrs. Robert L. Weise and Dean A. Rhoads are designated as the first, second and third alternate members, respectively, for Mr. Lawrence E. Jacobsen; Messrs. Robert E. Price, R. Ian Ross and Lonie Chaney are designated as the first, second and third alternate members, respectively, for Mr. Paul W. May; Messrs. Steven A. Coulter, Robert R. Barengo and Dale Goodman are designated as the first, second and third alternate members, respectively, for Mr. Donald R. Mello; Messrs. James W. Schofield, Darrell H. Dreyer and John M. Vergiels are designated as the first, second and third alternate members, respectively, for Mr. Robert E. Robinson.
________
κ1977 Statutes of Nevada, Page 1700κ
Assembly Resolution No. 24Committee on Legislative Functions
FILE NUMBER 66
ASSEMBLY RESOLUTIONProviding for the appointment of additional assembly attaches.
Resolved by the Assembly of the State of Nevada, That Georgina Marie Rasner and David Mark Watson are elected as additional attaches of the assembly for the 59th session of the legislature of the State of Nevada.
________
Assembly Concurrent Resolution No. 32Assemblymen Brookman, Banner, Barengo, Bennett, Bremner, Chaney, Coulter, Craddock, Demers, Dreyer, Glover, Gomes, Goodman, Harmon, Hayes, Hickey, Horn, Howard, Jacobsen, Jeffrey, Kissam, Kosinski, Mann, May, Mello, Moody, Murphy, Polish, Price, Rhoads, Robinson, Ross, Schofield, Sena, Serpa, Vergiels, Wagner, Weise, Westall and Dini
FILE NUMBER 67
ASSEMBLY CONCURRENT RESOLUTIONDesignating April 4, 1977, as Deaf Awareness Day.
Whereas, In the press of daily activities, we seldom pause to consider the special problems and needs of those who possess physical handicaps; and
Whereas, Today this body recognizes the special concerns and needs of those Nevada citizens who have hearing disabilities and requests all Nevadans to become more aware of the problems of this special group; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That April 4, 1977, is hereby designated Deaf Awareness Day.
________
Assembly Joint Resolution No. 8Assemblymen Mann, Schofield, Bennett and Chaney
FILE NUMBER 68
[To be returned to 1979 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to amend section 32 of article 4 of the constitution of the State of Nevada, relating to county officers, by removing auditors and public administrators from the list of elective officers.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 32 of article 4 of the constitution of the State of Nevada be amended to read as follows:
Sec. 32. The Legislature shall have power to increase, diminish, consolidate or abolish the following county officers: County Clerks, County Recorders, [Auditors,] Sheriffs [,] and District Attorneys. [and Public Administrators.]
κ1977 Statutes of Nevada, Page 1701 (FILE NUMBER 68, AJR 8)κ
Public Administrators.] The Legislature shall provide for their election by the people, and fix by law their duties and compensation. County Clerks shall be ex-officio Clerks of the Courts of Record and of the Boards of County Commissioners in and for their respective counties.
________
Senate Resolution No. 15Senators Raggio, Young, Foote, Gojack and Wilson
FILE NUMBER 69
SENATE RESOLUTIONMemorializing the late Earl Wooster, civic and education leader.
Whereas, On March 25, 1977, the people of the State of Nevada lost a dedicated educator and civic leader through the death of Dr. Earl Wooster; and
Whereas, Earl Wooster gave unstintingly of his time, energy and talent to both community and state endeavors as a long-time resident of Reno; and
Whereas, Dr. Wooster was born January 14, 1893, in Hillsboro, Oregon, attended California grammar and secondary schools and moved to Reno, where he remained for more than 60 years, to attend the University of Nevada and was graduated in 1921; and
Whereas, Earl Wooster was an educator and served his profession long and well beginning in 1922 with his first teaching assignment in Churchill County; and
Whereas, During Dr. Woosters distinguished and dedicated service to education in Nevada he served as principal in Dayton, Wells and Winnemucca, and then, in 1936, was appointed Reno High Schools principal; and
Whereas, In 1944 Dr. Wooster was appointed superintendent of the old Reno School District No. 10 and, in 1956, was named superintendent of the Washoe County School District, and held that post until his retirement in 1959; and
Whereas, Dr. Wooster made an indelible impression upon administrators, educators and students in Washoe County and Earl Wooster Senior High School was named in his honor in 1965; and
Whereas, After Dr. Woosters professional retirement, he began filling a new role as a highly active leader in city government and community service; and
Whereas, Earl Wooster Day was proclaimed statewide in 1974 by Governor OCallaghan in recognition of Dr. Woosters many and diverse noble contributions to Nevadans; and
Whereas, Dr. Woosters enthusiastic support of community activities will long be remembered by his active participation as a Freemason, a Shriner, an American Legionnaire and a member of the Kiwanis Club; and
Whereas, Dr. Wooster possessed a deep affinity to the University of Nevada, Reno, and was deeply honored when it presented him with an honorary Doctorate of Philosophy degree; and
κ1977 Statutes of Nevada, Page 1702 (FILE NUMBER 69, SR 15)κ
Nevada, Reno, and was deeply honored when it presented him with an honorary Doctorate of Philosophy degree; and
Whereas, Dr. Wooster was an inspirational educator who exemplified the finest moral and civic leadership and will best be remembered for his sterling honesty; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the condolences and sincere sympathy of the members of the Senate of the 59th session of the Nevada legislature are extended to the family of the late Dr. Earl Wooster; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Adele, Dr. Woosters widow, and his two children, Clinton Wooster and Gail Warren.
________
Senate Concurrent Resolution No. 29Senators Glaser and Bryan
FILE NUMBER 70
SENATE CONCURRENT RESOLUTIONMemorializing the late Eyer Boies.
Whereas, The members of the legislature of the State of Nevada were profoundly shocked by the sudden and untimely death of Eyer Boies, one of Nevadas most colorful and prominent ranchers; and
Whereas, Eyer Boies, 49, died June 12, 1976, of an apparent heart attack while working on his ranch 40 miles north of Wells; and
Whereas, Mr. Boies was a working cowboy and rancher who devoted much of his time and energies to political and civic activities which included his service as director of the Nevada Cattlemens Association, chairman of the Elko County Commission, president of the Nevada Association of County Commissioners and vice chairman of the state board of agriculture; and
Whereas, Eyer Boies further demonstrated his dedication to public service by having become a candidate for the office of state senator for the Northern Nevada Senate District before his sudden passing; and
Whereas, Mr. Boies was a graduate of Wells schools and the University of Nevada-Renos College of Agriculture; and
Whereas, As a member of the United States Marine Corps during World War II, Eyer Boies served his country nobly and well at Iwo Jima and Guam; and
Whereas, Eyer Boies passing saddened many Nevadans because he was a faithful and unselfish public servant, concerned rancher interested in wise use of the range and natural resources, as well as being a devoted husband and father — admirable qualities which represent the epitome of true Nevada ranching families whose efforts have helped Nevada become morally and agriculturally sound; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the condolences of the members of the 59th session of the legislature of the State of Nevada are extended to the surviving family of Eyer Boies; and be it further
κ1977 Statutes of Nevada, Page 1703 (FILE NUMBER 70, SCR 29)κ
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the surviving widow, children and parents of the deceased.
________
Senate Joint Resolution No. 16 of the 58th SessionCommittee on Judiciary
FILE NUMBER 71
[To go on 1978 general election ballot]
SENATE JOINT RESOLUTIONProposing 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 [wifes] 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.
________
Senate Joint Resolution No. 1Committee on Government Affairs
FILE NUMBER 72
[To be returned to 1979 legislature]
SENATE JOINT RESOLUTIONProposing to amend the Nevada constitution to permit different appropriate forms of county government.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That sections 20, 25 and 37 of article 4 of the constitution of the State of Nevada be amended to read respectively as follows:
[Section] Sec. 20. The legislature shall not pass local or special laws in any of the following enumerated cases — that is to say:
Regulating the jurisdiction and duties of justices of the peace and of constables, and fixing their compensation;
For the punishment of crimes and misdemeanors;
Regulating the practice of courts of justice;
Providing for changing the venue in civil and criminal cases;
Granting divorces;
κ1977 Statutes of Nevada, Page 1704 (FILE NUMBER 72, SJR 1)κ
Changing the names of persons;
Vacating roads, town plots, streets, alleys, and public squares;
Summoning and impaneling grand and petit juries, and providing for their compensation;
[Regulating county and township business;
Regulating the election of county and township officers;]
For the assessment and collection of taxes for state, county, and township purposes;
Providing for opening and conducting elections of state, county, or township officers, and designating the places of voting;
Providing for the sale of real estate belonging to minors or other persons laboring under legal disabilities;
Giving effect to invalid deeds, wills, or other instruments;
Refunding money paid into the state treasury, or into the treasury of any county;
Releasing the indebtedness, liability, or obligation of any corporation, association, or person to the state, or to any county, town, or city of this state; but nothing in this section shall be construed to deny or restrict the power of the legislature to establish and regulate the compensation and fees of county officers, to authorize and empower the boards of county commissioners of the various counties of the state to establish and regulate the compensation and fees of township officers in their respective counties, to establish and regulate the rates of freight, passage, toll, and charges of railroads, tollroads, ditch, flume, and tunnel companies incorporated under the laws of this state or doing business therein.
[Sec:] Sec. 25. [The Legislature shall establish a system of County and Township Government which shall be uniform throughout the State.] The legislature may provide appropriate forms of county government which need not be uniform throughout the state.
Sec. 37. Notwithstanding the general provisions of sections [20, 25,] 26 [,] and 36 of this article, the legislature may by law consolidate into one municipal government, with one set of officers, the city designated as the seat of government of this state and the county in which such city is situated. Such consolidated municipality shall be considered as a county for the purpose of representation in the legislature, shall have all the powers conferred upon counties by this constitution or by the general law, and shall have such other powers as may be conferred by its charter. Notwithstanding the general provisions of section 1 of article 10, the legislature may create two or more separate taxing districts within such consolidated municipality.
________
κ1977 Statutes of Nevada, Page 1705κ
Assembly Concurrent Resolution No. 18Assemblymen Mello, Harmon, Dini, Demers, Barengo, Howard, Kosinski, Jeffrey, Weise, Serpa, Jacobsen, Sena, Murphy, Dreyer, Glover, Chaney, Westall, Schofield, Rhoads, Wagner, Polish, Price, Moody, May, Bennett, Bremner, Banner, Brookman, Craddock, Hayes, Hickey, Horn, Goodman, Gomes, Mann and Kissam
FILE NUMBER 73
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the board of regents of the University of Nevada to extend the medical school of the university to a 4-year school which would award the degree of Doctor of Medicine.
Whereas, There is a severe shortage of physicians to serve the people of Nevada, especially in the rural areas; and
Whereas, The University of Nevada maintains only a 2-year medical program, after which students must find medical schools which will accept them for the final 2 years of study; and
Whereas, Many of those who complete the course at the University of Nevada are unable to obtain placement in other medical schools for the completion of their studies for the degree of Doctor of Medicine; and
Whereas, Many of the students who do obtain such placement and are able to complete their medical school studies in another state find it more convenient not to return to Nevada after finishing their training because of the adaptation which they have been required to make to a new community in the middle of the medical program; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the board of regents of the University of Nevada is urged to extend the curriculum of the medical school at the University of Nevada to a full 4-year medical school program leading to the degree of Doctor of Medicine; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to the board of regents of the University of Nevada.
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Assembly Resolution No. 25Committee on Legislative Functions
FILE NUMBER 74
ASSEMBLY RESOLUTIONProviding for the appointment of an additional assembly attache.
Resolved by the Assembly of the State of Nevada, That Nita Freeman is elected as an additional attache of the assembly for the 59th session of the legislature of the State of Nevada.
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κ1977 Statutes of Nevada, Page 1706κ
Assembly Resolution No. 20Assemblymen Murphy, Dini, Vergiels, Harmon, Demers, Mello, Mann, Jeffrey, Barengo, Hickey, Hayes, Kosinski, May, Westall, Coulter, Sena, Brookman, Craddock, Bremner, Gomes, Serpa, Kissam, Wagner, Moody, Dreyer and Chaney
FILE NUMBER 75
ASSEMBLY RESOLUTIONAdding Assembly Standing Rule 23 to create a Committee on Ethics, and amending Rules 41 and 44.
Resolved by the Assembly of the State of Nevada, That:
1. The Assembly Standing Rules are hereby amended by adding Assembly Standing Rule 23 to read as follows:
23
Committee on Ethics.
1. The Committee on Ethics consists of:
(a) Two members of the Assembly appointed by the Speaker from the majority political party;
(b) One member of the Assembly appointed by the Minority Leader from the minority political party; and
(c) Two qualified electors of the state, neither of whom is a present or former member of the legislature or employed by the State of Nevada.
2. The speaker shall appoint two members of the Assembly, one from the majority political party and one from the minority political party to serve as alternate members of the committee. If a member is disqualified, the alternate appointed from the same political party shall serve as a member of the committee during the consideration of a specific question.
3. A member is disqualified if he is the requester of advice concerning a question of ethics or conflict of interest, or if the advice is requested by another member of the Assembly and a reasonable person in his situation could not exercise independent judgment on the matter in question.
4. The committee shall hear complaints on alleged breaches of ethics and conflicts of interest, brought by legislators and others, and it may advise legislators on questions of breaches of ethics and conflicts of interest. All proceedings by the committee on matters of ethics or conflicts of interest are confidential unless a legislator:
(a) Against whom a complaint is brought requests a public hearing;
(b) Discloses the opinion of the committee at any time after his hearing; or
(c) Discloses the content of an advisory opinion issued to him by the committee.
5. A complaint which alleges a breach of ethics or a conflict of interest shall be in writing and signed by the person making the allegation. The complaint shall be filed with the chairman and he shall send a copy of the complaint, within 24 hours after receiving it, to the legislator against whom the complaint is brought.........................................
6. The criterion to be applied by the committee in determining whether a legislator has a conflict of interest is whether the independence of judgment of a reasonable person in his position upon the matter in question would be materially affected by:
κ1977 Statutes of Nevada, Page 1707 (FILE NUMBER 75, AR 20)κ
(a) His acceptance of a gift or loan; or
(b) His private economic interest.
7. A legislator who determines that he has a conflict of interest may vote upon, advocate or oppose any measure as to which a potential conflict exists if he makes a general disclosure of such conflict.
2. Assembly Standing Rule 41 is hereby amended to read as follows:
41
Appointment of Committees.
Except as provided in Assembly Standing [Rule] Rules 23 and 101, all committees shall be appointed by the Speaker, unless otherwise directed by the Assembly. The Speaker shall designate the chairman of each committee. The Chairman shall appoint one member as vice-chairman with the permission of the Speaker.
3. Assembly Standing Rule 44 is hereby amended to read as follows:
44
Committee on Legislative Functions.
The Committee on Legislative Functions shall recommend by resolution the appointment of all attaches and employees of the Assembly not otherwise provided for by law. It shall have authority to suspend any such attache or employee for incompetency or dereliction of duty, pending final action by the Assembly. It shall function as the Committee on Rules and as the Committee on Credentials of the Assembly. It shall be composed of no more than three members from each county. [It shall hear complaints on alleged breaches of ethics and conflicts of interest, brought by legislators and others, and it may advise legislators on questions of breaches of ethics and conflicts of interests. All proceedings by the Committee on matters of ethics or conflicts of interest shall be confidential.]
________
Senate Concurrent Resolution No. 11Committee on Judiciary
FILE NUMBER 76
SENATE CONCURRENT RESOLUTIONMemorializing the Joint Commission on Accreditation of Hospitals to require establishment of risk management program as prerequisite to accreditation.
Whereas, A 1975 study by the National Association of Insurance Commissioners show that 79 percent of all malpractice claims filed were for injuries occurring in hospitals; and
Whereas, That study indicated that 86 percent of indemnities paid on such claims were for injuries sustained in hospitals; and
Whereas, Malpractice claims against doctors for procedures performed in hospitals almost always include claims against the hospitals; and
Whereas, Malpractice insurance costs are rising for hospitals at an even greater rate than for doctors; and
κ1977 Statutes of Nevada, Page 1708 (FILE NUMBER 76, SCR 11)κ
Whereas, The usefulness and effectiveness of internal risk management programs in business and industry are well established; and
Whereas, Comparatively few hospitals in Nevada and across the country have established internal risk management programs; and
Whereas, Internal risk management programs encompass procedures and practices related to the overall level of health care and hospital effectiveness; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the 59th session of the Nevada legislature hereby memorializes the Joint Commission on Accreditation of Hospitals to require the establishment of an effective internal risk management program as a prerequisite to accreditation by the Commission; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislature counsel to the director of the Joint Commission on Accreditation of Hospitals, John D. Porterfield, M.D.
________
Assembly Resolution No. 26Assemblymen Jacobsen and Glover
FILE NUMBER 77
ASSEMBLY RESOLUTIONMemorializing the late William C. Bill Bernardini, Carson City juvenile probation officer.
Whereas, This body notes with deepest sorrow the recent and untimely death of William C. Bill Bernardini; and
Whereas, Mr. Bernardini was born December 15, 1944, in Reno but lived most of his life in Carson City and was its chief juvenile probation officer at the time of his death; and
Whereas, Mr. Bernardini was a dedicated Carson City employee who worked with the fire department before accepting an appointment with the juvenile probation department — although he faithfully continued to serve as a volunteer fireman from 1971 to 1974; and
Whereas, Mr. Bernardini was an active and enthusiastic civic leader as illustrated by his participation in the Pop Warner Football League, the sheriffs departments SOCK boxing program as well as helping to organize the Carson City Big Brothers and Sisters program; and
Whereas, In 1975, Mr. Bernardini was the recipient of an Outstanding Peace Officers Award; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of this body extend their sincere condolences to the family of William C. Bill Bernardini; 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 late Mr. Bernardini.
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κ1977 Statutes of Nevada, Page 1709κ
Senate Joint Resolution No. 8Senator Hernstadt
FILE NUMBER 78
SENATE JOINT RESOLUTIONMemorializing the United States Civil Aeronautics Board to expedite hearings on applications of air carriers to provide passenger service between Reno and Las Vegas.
Whereas, Competition between providers of services and goods is the cornerstone of the American economy, and it provides the best service for the least cost by making available fields for intelligent and informed choices; and
Whereas, Because of its speed and convenience, passenger air travel is a vital part of the economy of this state and of the United States; and
Whereas, The State of Nevada, with its centers of population widely divided and largely isolated from one another by surface transportation, is in need of efficient, convenient and available air transportation between the southern and the northwest areas; and
Whereas, Passenger air travel between the population centers of Reno and Las Vegas is in the hands of one carrier, without competition; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the United States Civil Aeronautics Board is memorialized to proceed with all deliberate speed in its consideration of the applications of air carriers to provide service between Reno and Las Vegas; and be it further
Resolved, That the Civil Aeronautics Board is requested to give every consideration to the provision of meaningful competition in this important line of communication, and that the right of each citizen of Nevada and of the United States to make informed choices in the market place be given its rightful importance; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the chairman and members of the Civil Aeronautics Board; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
Assembly Concurrent Resolution No. 36Assemblymen Glover, Dini, Demers, Harmon, Mello, Murphy, Robinson, Price, Hickey, Polish, Mann, Gomes, Hayes, May, Ross, Schofield, Chaney, Vergiels, Weise, Westall, Jacobsen, Serpa, Banner, Goodman, Bremner, Howard, Kosinski, Coulter, Sena, Horn, Craddock, Dreyer, Moody, Kissam, Barengo, Jeffrey, Wagner, Bennett, Rhoads and Brookman
FILE NUMBER 79
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the former state treasurer Dan Franks.
Whereas, The legislature was deeply saddened by the passing, on December 17, 1976, of Dan Franks, former state treasurer; and
Whereas, The State of Nevada, in the death of Mr. Franks, lost a devoted public servant who held the record for longevity in his state-elected post, serving seven terms in office before his retirement in 1962; and
κ1977 Statutes of Nevada, Page 1710 (FILE NUMBER 79, ACR 36)κ
devoted public servant who held the record for longevity in his state-elected post, serving seven terms in office before his retirement in 1962; and
Whereas, Mr. Franks began his political career in 1922 when he was elected Lincoln County treasurer and continued to hold that office until 1944, when he was elected to the state office; and
Whereas, Mr. Franks was a devoted public servant and was active in many professional and civic organizations during his illustrious career; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the condolences of the members of the 59th session of the legislature of the State of Nevada are extended to the surviving family of former state treasurer Dan Franks; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the surviving family of Mr. Franks.
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Assembly Joint Resolution No. 31Assemblymen Robinson, Mann, Harmon, Dreyer, Hayes and Weise
FILE NUMBER 80
ASSEMBLY JOINT RESOLUTIONMemorializing the United States Civil Aeronautics Board to expedite its consideration of the applications of air carriers who wish to provide passenger service between Las Vegas and Reno.
Whereas, Superior service at the least cost often results when buyers may freely choose among competitors on the basis of merit; and
Whereas, Convenient and efficient air transportation is needed in Nevada because of the vast distances between its population centers; and
Whereas, Passenger air travel between the major population centers of Las Vegas and Reno serves as a vital link between the distant southern and northwestern areas of the state; and
Whereas, Direct passenger air service between the two cities is presently operated without competition by a single carrier; now, therefore, be it
Resolved By the Assembly and Senate of the State of Nevada, jointly, That the United States Civil Aeronautics Board is memorialized to expedite its consideration of the applications of competitive air carriers who wish to provide service between Las Vegas and Reno; and be it further
Resolved, That the Civil Aeronautics Board is urged to give substantial consideration to the beneficial effects of free competition when acting upon those applications; and be it further
Resolved, That copies of this resolution be prepared and transmitted by the legislative counsel to the chairman and members of the Civil Aeronautics Board; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
κ1977 Statutes of Nevada, Page 1711κ
Assembly Joint Resolution No. 12Committee on Taxation
FILE NUMBER 81
[To be returned to 1979 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to amend section 1 of article 10 of the constitution of the State of Nevada, relating to taxation, by authorizing the legislature to provide for tax upon watercraft in lieu of the property tax.
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 for a separate uniform plan for appraisal and valuation of such property for assessment purposes. If such plan is provided, the legislature shall also provide for retroactive assessment for a period of not less than 7 years when agricultural and open-space real property is converted to a higher use conforming to the use for which other nearby property is used. Personal property which is moving in interstate commerce through or over the territory of the State of Nevada, or which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward, shall be deemed to have acquired no situs in Nevada for purposes of taxation and shall be exempt from taxation. Such property shall not be deprived of such exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged. The legislature may exempt motor vehicles and watercraft 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] and a uniform and equal rate of assessment and taxation of watercraft, which rates 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.
κ1977 Statutes of Nevada, Page 1712 (FILE NUMBER 81, AJR 12)κ
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. 23Assemblymen Goodman, Robinson, Craddock, May, Bennett, Horn, Wagner, Coulter, Barengo, Glover, Sena and Polish
FILE NUMBER 82
[To be returned to 1979 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to amend section 33 of article 4 of the constitution of the State of Nevada, relating to certain expenses of legislators, by providing that the monetary limitation may be fixed by law.
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 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;] for members of the Legislature in an amount to be fixed by law; 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.
________
Assembly Concurrent Resolution No. 33Committee on Environment and Public Resources
FILE NUMBER 83
ASSEMBLY CONCURRENT RESOLUTIONAuthorizing expenditure from the legislative fund for travel and subsistence for Mr. Bruce Scott for appearance before the assembly committee on environment and public resources.
Resolved by the Assembly of the State of Nevada, the Senate concurring, That expenditure of money from the legislative fund is hereby authorized to pay travel expenses and a subsistence allowance as provided by law for state employees to Mr. Bruce Scott for appearing before the assembly committee on environment and public resources.
________
κ1977 Statutes of Nevada, Page 1713κ
Assembly Concurrent Resolution No. 45Assemblyman Gomes
FILE NUMBER 84
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Assemblyman John P. Harriman.
Whereas, This body has learned of the death of John P. Harriman, former assemblyman and justice of the peace of northern Washoe Countys Bald Mountain district; and
Whereas, Mr. Harriman ably represented his constituency during the 37th session of the legislature in 1935 and was justice of the peace for several years until that office was abolished; and
Whereas, Mr. Harriman engaged in ranching in Nevada for many years; and
Whereas, Mr. Harriman was politically concerned for most of his 83 years and frequently served as a delegate to both the Washoe County and state Democratic conventions; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 59th session of the legislature of the State of Nevada hereby extend their condolences to the surviving family of the late John P. Harriman; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the surviving family of Mr. Harriman.
________
Assembly Concurrent Resolution No. 46Assemblymen Brookman, Dini, Banner, Barengo, Bennett, Bremner, Chaney, Coulter, Craddock, Demers, Dreyer, Glover, Gomes, Goodman, Harmon, Hayes, Hickey, Horn, Howard, Jacobsen, Jeffrey, Kissam, Kosinski, Mann, May, Mello, Moody, Murphy, Polish, Price, Rhoads, Robinson, Ross, Schofield, Sena, Serpa, Vergiels, Wagner, Weise and Westall
FILE NUMBER 85
ASSEMBLY CONCURRENT RESOLUTIONDesignating May 13, 1977, as Senior Citizens Day in Nevada and requesting all citizens and state officials to join with the Nevada legislature in recognition of the observance.
Whereas, This body recognizes with special warmth and affection the feelings shared by many, but seldom expressed, for the aged and aging members of society; and
Whereas, An inestimable debt is owed to these persons who have contributed to this countrys economic progress and social well-being; and
Whereas, These aged and aging persons have diligently striven to create a better world in which their successors might realize their previously unfulfilled dreams; and
Whereas, Life may become particularly burdensome for many of these people in later years when it becomes necessary for them to live on inadequate fixed incomes which may deny them food, health care and other daily necessities, and tends to leave some with a feeling of insecurity and a feeling of being unwanted; now, therefore, be it
κ1977 Statutes of Nevada, Page 1714 (FILE NUMBER 85, ACR 46)κ
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature of this state designates May 13, 1977, as Senior Citizens Day in appreciation and recognition of their efforts of laboring for a better life for those who have followed; and be it further
Resolved, That the legislature requests all Nevada citizens and state officials to join with them in recognition of Senior Citizens Day.
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Senate Concurrent Resolution No. 3Committee on Judiciary
FILE NUMBER 86
SENATE CONCURRENT RESOLUTIONRequesting the supreme court to study proposals for full state funding and unitary budgeting for the court system of the state.
Whereas, Increased volume and complexity of litigation and demand for auxiliary court services has created a need for financial support of the courts which many local governments cannot meet; and
Whereas, The legislative commissions subcommittee for study of the Nevada court structure in 1968 and subcommittee on funding of the courts of the state in 1976 have carefully examined the financing of Nevadas court system and have recommended that the expenses of the administration of justice be borne by the people of the state as a whole and paid from the state treasury; and
Whereas, It is asserted that state funding of the court system through a single budget is desirable because it would permit a more equitable distribution of judicial services among the counties, facilitate uniformity in job classification of judicial employees, and provide financial relief to the counties; and
Whereas, The legislature is persuaded that although such proposals for full state funding and unitary budgeting are worthy of serious consideration, further information is needed before a final commitment can be made; and
Whereas, The detailed and specific facts and figures related to plans for the establishment and administration of such programs can be developed most efficiently and comprehensively under the guidance of the supreme court of Nevada; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature suggests that the supreme court of Nevada, through the court administrator and with assistance from the staff of the legislative counsel bureau, study the proposals which have been advanced in favor of full state funding and unitary budgeting for Nevadas court system and develop current information concerning the estimated fiscal and other effects at both the state and local levels if the programs were adopted; and be it further
Resolved, That the legislature requests that the supreme court inform the legislative commission periodically of the progress of the study and the availability of pertinent information; and be it further
κ1977 Statutes of Nevada, Page 1715 (FILE NUMBER 86, SCR 3)κ
Resolved, That the supreme court is requested to submit to the 60th session of the Nevada legislature a report of its findings and recommendations, containing a comprehensive plan for any system of full state funding and unitary budgeting which may be recommended, including an enumeration of those services and positions for which provision should be made out of the state treasury, a provision for the disposition of court revenues, detailed budgetary information and suggested statutory changes; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the chief justice of the supreme court of Nevada.
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Senate Concurrent Resolution No. 16Committee on Finance
FILE NUMBER 87
SENATE CONCURRENT RESOLUTIONAuthorizing the unobligated balance of certain appropriations to be utilized to construct a service center at the Clark County Community College, Clark County, Nevada.
Whereas, The sum of $3,079,000 from the higher education capital construction fund created by NRS 463.385 was made available to the board of regents of the University of Nevada, pursuant to section 1 of chapter 626, Statutes of Nevada 1973, for capital improvements for the Clark County Community College, phase II, North Las Vegas, Clark County (project No. 73-U4); and
Whereas, The sum of $5,858,730 was appropriated from the state general fund to the state public works board and allocated in subsection 2 of section 1 of chapter 601, Statutes of Nevada 1975, for capital improvements for the University of Nevada System; and
Whereas, The sum of $1,879,200 of the appropriation made in subsection 2 of section 1 of chapter 601, Statutes of Nevada 1975, for capital improvements for the University of Nevada System was allocated for capital improvements for the Clark County Community College; and
Whereas, The capital improvements at the Clark County Community College, for which those sums are made available, are substantially completed and the unobligated balance of the project account as of December 30, 1976, was $366,556.11; and
Whereas, The board of regents of the University of Nevada desires that the unobligated balance of the money available for capital improvements be utilized to construct a service center on the Clark County Community College campus; and
Whereas, The cost estimate for the construction of a 6,250-square-foot service center, with certain additional improvements, is $313,000; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the unobligated balance of the money allocated in section 1 of chapter 626, Statutes of Nevada 1973, and subsection 2 of section 1 of chapter 601, Statutes of Nevada 1975, for capital improvements for the Clark County Community College be utilized for the construction of a service center on that campus; and be it further
κ1977 Statutes of Nevada, Page 1716 (FILE NUMBER 87, SCR 16)κ
chapter 601, Statutes of Nevada 1975, for capital improvements for the Clark County Community College be utilized for the construction of a service center on that campus; and be it further
Resolved, That the construction be accomplished in accordance with the provisions of chapter 341 of NRS.
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Assembly Joint Resolution No. 26Committee on Government Affairs
FILE NUMBER 88
[To be returned to 1979 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to amend section 3 of article 11 of the constitution of the State of Nevada relating to sources of revenue pledged for educational purposes by permitting the legislature to determine the policies for investment of such revenues.
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; 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 lands 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 per cent 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.
κ1977 Statutes of Nevada, Page 1717 (FILE NUMBER 88, AJR 26)κ
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.
________
Assembly Resolution No. 29Assemblymen Glover, Mello, Howard, Vergiels and Mann
FILE NUMBER 89
ASSEMBLY RESOLUTIONAuthorizing the payment of a per diem expense allowance from the legislative fund to the chief clerk of the assembly.
Resolved by the Assembly of the State of Nevada, That pursuant to the provisions of NRS 218.237, when a proper claim is filed with the director of the legislative counsel bureau and approved by him pursuant to law, there shall be paid to the chief clerk of the assembly, Mouryne Landing, from the legislative fund the sum of $15 per day as a per diem expense allowance for the 59th session of the legislature.
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Assembly Joint Resolution No. 38Committee on Environment and Public Resources
FILE NUMBER 90
ASSEMBLY JOINT RESOLUTIONMemorializing the United States Department of the Interior to reconsider its mining regulations.
Whereas, United States Secretary of the Interior Cecil D. Andrus, has set April 5, 1977, as the deadline for receipt of comments on proposed changes in hardrock mining regulations to ensure adequate consideration of the diverse comments on the proposed regulations; and
Whereas, Secretary Andrus has said that he wants to give the public opportunities to study the proposed regulations and their possible impact before final regulations become effective; and
Whereas, The proposed regulations were published in the Federal Register December 6, 1976, with comment period subsequently extended to February 4, 1977, and a new comment deadline again extended to April 5, 1977; and
Whereas, The proposed regulations do not apply to coal mining, but would require the Bureau of Land Management to examine carefully and approve any hardrock mining operations which might cause significant disturbance to the land; and
Whereas, Bonding requirements also are included in the proposed regulations based on projected costs of stabilization and rehabilitation in areas which would be disturbed; and
κ1977 Statutes of Nevada, Page 1718 (FILE NUMBER 90, AJR 38)κ
Whereas, The proposed regulations would, in essence, invalidate Nevadas established mining laws and procedures and cause undue hardship on citizens engaged in prospecting and mining activities; and
Whereas, It is essential to the public convenience, necessity and national defense that mineral exploration, development and extraction activities, or any of these, be conducted unimpaired by restrictive regulations; and
Whereas, Mining and its related activities have been and continue to be of paramount importance to the State of Nevada as well as the United States; and
Whereas, Mining operations affect only a minimal part of this nations public lands; and
Whereas, If the proposed restrictive regulations had been in effect during the past 100 years, today there would not be any historical mining camps, thereby eliminating the tourism which is essential to Nevadas economy; and
Whereas, This nations citizenry is the owner of public lands and has the eminent right under existing laws to conduct exploration, development and mining activities, or any of these, unhampered by restrictive regulations; and
Whereas, The bonding required to ensure restoration of the land upon completion of mining activities would be impossible for the independent miner or prospector to obtain, essentially eliminating all of Nevadas major mineral resource discoveries; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the United States Department of the Interior reconsider and not adopt the proposed mining regulations; and be it further
Resolved, That the rights and privileges of the use of public lands for mineral purposes be restored to the public, and the present mining laws, which have been in effect for many years, be left intact and unaltered; and be it further
Resolved, That the position of the Nevada legislature, duly elected by the people of this state, is to defend the rights of its citizens and to restore to the states their sovereign jurisdiction with respect to mining activities which must be conducted unhampered by restrictive regulations and which are crucial to the interests of public convenience, necessity and national defense; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to Cecil D. Andrus, Secretary of the Interior and the Nevadas congressional delegation, Untied States Senators Howard Cannon and Paul Laxalt and Congressman James Santini; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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κ1977 Statutes of Nevada, Page 1719κ
Senate Concurrent Resolution No. 26Committee on Judiciary
FILE NUMBER 91
SENATE CONCURRENT RESOLUTIONAuthorizing expenditure from the legislative fund for travel, subsistence and honorarium to Mr. Hardin Jones for appearance before senate judiciary committee.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That expenditure of money from the legislative fund is hereby authorized to pay travel expenses and a subsistence allowance as provided by law for state employees and a $100 honorarium to Mr. Hardin Jones for appearing before the senate judiciary committee to discuss the subject of marihuana.
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Assembly Concurrent Resolution No. 31Committee on Legislative Functions
FILE NUMBER 92
ASSEMBLY CONCURRENT RESOLUTIONAmending Joint Rule 11 to permit each house to choose independently its method of selecting alternate members of the legislative commission.
Resolved by the Assembly of the State of Nevada, the Senate concurring, That Joint Rule 11 of the 59th session is hereby amended to read as follows:
11
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,] house, minority party membership for that [body] house 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,] house, minority party membership for that [body] house 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 six alternate member shall be designated.] Each house shall select one or more alternate members for each member from that house, designating them according to party or according to the individual member whom the alternate would replace.
κ1977 Statutes of Nevada, Page 1720 (FILE NUMBER 92, ACR 31)κ
from that house, designating them according to party or according to the individual member whom the alternate would replace.
3. A vacancy in the regular Senate or Assembly membership created by death or by resignation or by the legislators 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.] as designated by that house. 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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Senate Joint Resolution No. 3Committee on Finance
FILE NUMBER 93
SENATE JOINT RESOLUTIONRequesting the Congress of the United States to submit to the state legislatures an amendment to the United States Constitution which would limit federal appropriations for any fiscal year to federal revenues estimated for that year, except during national emergencies.
Whereas, The national debt now amounts to hundreds of billions of dollars and is increasing enormously each year as federal expenditures grossly exceed federal revenues; and
Whereas, Payment of the increased interest on this ever-expanding debt imposes a tremendous burden on the taxpayers of this country; and
Whereas, Continuous deficit financing by the Federal Government supports inflationary conditions which adversely affect the national economy and all Americans, particularly those persons with fixed or low incomes; and
Whereas, Constantly increasing use of deficit financing has enabled the Federal Government to allocate considerable sums to programs which in many instances have proved to be wasteful and nonbeneficial to the public; and
Whereas, Limiting federal expenditures in each fiscal year to revenues available in that year, except during national emergencies, will result in greater selectivity of federal programs for the benefit of the public; and
Whereas, The annual federal budgets continually reflect the unwillingness or inability of both the legislative and executive branches of the Federal Government to balance the budget and demonstrate the necessity for a constitutional restraint upon deficit financing; and
κ1977 Statutes of Nevada, Page 1721 (FILE NUMBER 93, SJR 3)κ
Federal Government to balance the budget and demonstrate the necessity for a constitutional restraint upon deficit financing; and
Whereas, Under article V of the Constitution of the United States, the Congress may propose amendments to the federal Constitution whenever two-thirds of both houses deem it necessary; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That this legislature respectfully requests the Congress of the United States to submit to the legislatures of the several states an amendment to the United States Constitution which would require that, in the absence of a national emergency, the total of the appropriations made by the Congress for each fiscal year may not exceed the total of the estimated federal revenues for that year; and be it further
Resolved, That the legislature of the State of Nevada proposes that the legislatures of each of the several states request the Congress to submit the constitutional amendment proposed in this resolution; and be it further
Resolved, That a copy of this resolution be immediately transmitted by the legislative counsel to the President of the Senate and the Speaker of the House of Representatives of the United States, to each member of the Nevada congressional delegation and to the presiding officer of each house of the legislatures of the several states; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Joint Resolution No. 2Assemblymen Barengo, Mann, Hickey, Wagner and Schofield
FILE NUMBER 94
[To be returned to 1979 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to amend the Nevada constitution to create an intermediate appellate court.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That a new section be added to article 6 and sections 1, 4, 7, 11, 15, 20 and 21 of article 6, section 3 of article 7, and section 22 of article 17 of the constitution of the State of Nevada be amended to read respectively as follows:
1. The court of appeals consists of three judges or such greater number as the legislature may provide by law. If the number of judges is so enlarged, the supreme court shall provide by rule for the assignment of each appeal to a panel of three judges for decision.
2. Except as otherwise provided in this subsection, the judges of the court of appeals shall be elected by the qualified electors of the state, at the general election, for terms of 6 years beginning on the 1st Monday of January next after the election. The terms of the first three judges elected are 2 years, 4 years and 6 years respectively, which shall be separately specified for their election, and in any increase or reduction of the number of judges, the legislature shall provide initial terms of 6 or fewer years such that one-third of the total number of judges, as nearly as may be, is elected every 2 years.
κ1977 Statutes of Nevada, Page 1722 (FILE NUMBER 94, AJR 2)κ
of the number of judges, the legislature shall provide initial terms of 6 or fewer years such that one-third of the total number of judges, as nearly as may be, is elected every 2 years.
3. The judges of the court of appeals shall elect a chief judge from among their number. The term of office of the chief judge is 2 years, beginning on the 1st Monday of January of each odd-numbered year. A chief judge may succeed himself.
4. The legislature may provide by law, or may authorize the supreme court to provide by rule, for the assignment of one or more judges of the court of appeals to devote a part of their time to service as supplemental district judges where needed.
Section 1. The Judicial power of this State [shall be] is vested in a court system, comprising a Supreme Court, a Court of Appeals, District Courts, and 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. 4. The supreme court [shall] and the court of appeals 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] The legislature shall apportion this jurisdiction between them by law, and shall provide for the review by the supreme court, where appropriate, of appeals decided by the court of appeals. These courts 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] their appellate jurisdiction. Each of the justices [shall have] and judges has 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] those courts.
In case of the disability or disqualification, for any cause, of [the chief justice or one of the associate] one or more justices of the supreme court [, or any two of them,] or judges of the court of appeals, the governor [is authorized and empowered to] may designate any district judge or judges to sit in the place or places of such disqualified or disabled justice, [or] justices, judge or judges, and [said] the district judge or judges so designated [shall] are entitled to receive their actual expense of travel and otherwise while sitting in [said] the supreme court [.] or court of appeals; or the governor may designate any judge of the court of appeals to sit in the place of any disabled or disqualified justice of the supreme court.
Sec. 7. The times of holding the Supreme Court and District Courts shall be as fixed by law.
κ1977 Statutes of Nevada, Page 1723 (FILE NUMBER 94, AJR 2)κ
shall be as fixed by law. The terms of the Supreme Court shall be held at the seat of Government unless the Legislature otherwise provides by law, except that the Supreme Court may hear oral argument at other places in the state. The terms of the Court of Appeals shall be held where provided by law. The terms of the District Courts shall be held at the County seats of their respective counties; Provided, that in case any county shall be hereafter divided into two or more districts, the Legislature may by law, designate the places of holding Courts in such Districts.
Sec. 11. The justices of the supreme court, the judges of the court of appeals and the district judges [shall be] are ineligible to any office, other than a judicial office, during the term for which they [shall] have been elected or appointed; and all elections or appointments of any such judges by the people, legislature, or otherwise, during [said] that period, to any office other than judicial, [shall be] are void.
[Sec.] Sec. 15. The Justices of the Supreme Court, the Judges of the Court of Appeals and District Judges [shall each] are each entitled to receive for their services a compensation to be fixed by law and paid in the manner provided by law, which shall not be increased or diminished during the term for which they [shall] have been elected, unless a Vacancy occurs, in which case the successor of the former incumbent [shall] is entitled to receive only such salary as may be provided by law at the time of his election or appointment; and provision shall be made by law or setting apart from each years revenue a sufficient amount of Money, to pay such compensation.
Sec. 20. 1. When a vacancy occurs before the expiration of any term of office in the supreme court or the court of appeals 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 or the court of appeals shall be made by the permanent commission, composed of:
(a) The chief justice or an associate justice designated by him;
(b) Three members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by the governor.
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.
κ1977 Statutes of Nevada, Page 1724 (FILE NUMBER 94, AJR 2)κ
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. 21. 1. A justice of the supreme court, a judge of the court of appeals or a district judge may, in addition to the provision of article 7 for impeachment, be censured, retired or removed by the commission on judicial discipline. A justice or judge may appeal from the action of the commission to the supreme court, which may reverse such action or take any alternative action provided in this subsection.
2. The commission is composed of:
(a) Two justices or judges appointed by the supreme court;
(b) Two members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by the governor.
The commission shall elect a chairman from among its three lay members.
3. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or if it fails to do so the court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.
4. The term of office of each appointive member of the commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. An appointing authority shall not appoint more than one resident of any county. The governor shall not appoint more than two members of the same political party.
κ1977 Statutes of Nevada, Page 1725 (FILE NUMBER 94, AJR 2)κ
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 judge of the court of appeals, no judge of that court may sit on the commission for the 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 the proceeding is disqualified from participating in the consideration or decision of the appeal. When any member of the commission is disqualified by this subsection, the supreme court shall appoint a substitute from among the eligible judges.
9. The commission may:
(a) Designate for each hearing an attorney or attorneys at law to act as counsel to conduct the proceeding;
(b) Summon witnesses to appear and testify under oath and compel the production of books, papers, documents and records;
(c) Grant immunity from prosecution or punishment when the commission deems it necessary and proper in order to compel the giving of testimony under oath and the production of books, papers, documents and records; and
(d) Exercise such further powers as the legislature may from time to time confer upon it.
[Sec:] Sec. 3. For any reasonable cause to be entered on the journals of each House, which may [,] or may not be sufficient grounds for impeachment, the [Chief Justice and Associate] Justices of the Supreme Court, Judges of the Court of Appeals and Judges of the District Courts shall be removed from Office on the vote of two thirds of the Members elected to each branch of the Legislature, and the Justice or Judge complained of [,] shall be served with a copy of the complaint against him [,] and shall have an opportunity of being heard in person or by counsel in his defense, Provided, that no member of either branch of the Legislature shall be eligible to fill the vacancy occasioned by such removal.
κ1977 Statutes of Nevada, Page 1726 (FILE NUMBER 94, AJR 2)κ
shall be removed from Office on the vote of two thirds of the Members elected to each branch of the Legislature, and the Justice or Judge complained of [,] shall be served with a copy of the complaint against him [,] and shall have an opportunity of being heard in person or by counsel in his defense, Provided, that no member of either branch of the Legislature shall be eligible to fill the vacancy occasioned by such removal.
[Sec:] Sec. 22. In case the office of any Justice of the Supreme Court, Judge of the Court of Appeals, District Judge or other State officer [shall become] becomes 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] is supplied at the next general election, when it shall be filled by election for the residue of the unexpired term,
and be it further
Resolved, That the secretary of state shall assign a number to the new section added to article 6 according to the number of sections contained in that article when the addition of the new section becomes effective.
________
Assembly Joint Resolution No. 3Assemblymen Barengo, Mann, Hickey, Wagner and Schofield
FILE NUMBER 95
[To be returned to 1979 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to amend the Nevada constitution to provide for election of the chief justice by the justices of the supreme court and a change in his term.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 3 of article 6 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 3. The Justices of the Supreme Court, shall be elected by the qualified electors of the State at the general election, and shall hold office for the term of Six Years from and including the first Monday of January next succeeding their election; Provided, that there shall be elected, at the first election under this Constitution, Three Justices of the Supreme Court who shall hold Office from and including the first Monday of December AD. Eighteen hundred and Sixty four, and continue in Office thereafter, Two, Four and Six Years respectively, from and including the first Monday of January next succeeding their election. They shall meet as soon as practicable after their election and qualification, and at their first meeting shall determine by lot, the term of Office each shall fill. [, and the Justice drawing the shortest term shall be Chief Justice, and after the expiration of his term, the one having the next shortest term shall be Chief Justice, after which the Senior Justice in Commission shall be Chief Justice; and in case the commission of any two or more of said Justices shall bear the same date, they shall determine by lot, who shall be Chief Justice.] The justices shall biennially elect from among themselves a chief justice to serve a term of 2 years beginning on the 1st Monday of January of the even-numbered year.
κ1977 Statutes of Nevada, Page 1727 (FILE NUMBER 95, AJR 3)κ
elect from among themselves a chief justice to serve a term of 2 years beginning on the 1st Monday of January of the even-numbered year. A chief justice may be elected to successive terms. The justices shall fill by election for the unexpired term any vacancy which may occur.
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Assembly Joint Resolution No. 21 of the 58th SessionCommittee on Taxation
FILE NUMBER 96
[To go on 1978 general election ballot]
ASSEMBLY JOINT RESOLUTIONProposing 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. 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.
κ1977 Statutes of Nevada, Page 1728 (FILE NUMBER 96, AJR 21 of the 58th Session)κ
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 Resolution No. 30Assemblymen Dini, Mello, Jeffrey, Harmon and Demers
FILE NUMBER 97
ASSEMBLY RESOLUTIONAmending Assembly Standing Rule 40 to add one member to the Committee on Ways and Means.
Resolved by the Assembly of the State of Nevada, That Assembly Standing Rule 40 is hereby amended to read as follows:
40
Standing Committees.
The standing committees of the Assembly shall be as follows:
1. Ways and Means, [ten] eleven members.
2. Judiciary, nine members.
3. Taxation, nine members.
4. Elections, seven members.
5. Education, seven members.
6. Legislative Functions, seven members.
7. Agriculture, seven members.
8. Labor and Management, seven members.
9. Transportation, seven members.
10 Commerce, nine members.
11. Environment and Public Resources, nine members.
12. Health and Welfare, nine members.
13. Government Affairs, nine members.
There shall be no more than two members of the minority political party on a standing committee.
________
κ1977 Statutes of Nevada, Page 1729κ
Assembly Resolution No. 31Assemblyman Glover
FILE NUMBER 98
ASSEMBLY RESOLUTIONProviding for the appointment of an additional assembly attache.
Resolved by the Assembly of the State of Nevada, That Kathleen Elizabeth Coffey is elected as an additional attache of the assembly for the 59th session of the legislature of the State of Nevada.
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Assembly Joint Resolution No. 44Assemblymen Demers, Jacobsen, Howard, Glover and Dini
FILE NUMBER 99
ASSEMBLY JOINT RESOLUTIONMemorializing the United States Federal Communications Commission to permit ambulance services in certain Nevada areas to make emergency use of frequencies reserved to the Forestry-Conservation Radio Service.
Whereas, Ambulance services in some areas of Nevada have no means of communication unless they use frequencies exclusively reserved for the Forestry-Conservation Radio Service; and
Whereas, Such ambulance services are not authorized to make emergency use of the Forestry-Conservation Radio Service; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the United States Federal Communications Commission is respectfully requested to permit ambulance services to make emergency use of frequencies otherwise reserved to the Forestry-Conservation Radio Service; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the chairman of the Federal Communications Commission and to all members of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
κ1977 Statutes of Nevada, Page 1730κ
Assembly Resolution No. 22Assemblymen Dini, Harmon, Murphy, Bremner, Demers and Sena
FILE NUMBER 100
ASSEMBLY RESOLUTIONAmending Standing Rule 104, by reducing the period of limitation for submission of bill drafting requests and introduction of bills.
Resolved by the Assembly of the State of Nevada, That Assembly Standing Rule 104 is amended to read as follows:
104
Limitation on Bill Drafting Requests and Introductions.
1. After the first [40] 30 calendar days of a regular legislative session, bill drafting requests submitted to the legislative counsel for bills and joint resolutions will not be honored by the legislative counsel unless the bill drafting request is approved by:
(a) A two-thirds vote of the members of the Assembly present, or
(b) A standing committee of the Assembly, provided the bill drafting request was approved by a majority of all of the members of such standing committee.
2. After the first [40] 30 calendar days of a regular legislative session, bills and joint resolutions may be introduced by:
(a) Standing committees without consent.
(b) A member who had requested the drafting of such bill or joint resolution by the legislative counsel prior to the [41st] 31st calendar day of the legislative session.
3. Consent to suspend this rule shall be made on rollcall vote, which vote shall be entered in the Assembly Journal for that day, and such consent shall apply to no more than one bill or joint resolution or bill drafting request.
________
Assembly Resolution No. 32Assemblymen Dini, Harmon, Demers, Jeffrey, Mello, Vergiels, Schofield, Wagner, Horn, Rhoads, Serpa, Moody, Craddock, Chaney, Sena, Bennett, Hayes, Gomes, Dreyer, Jacobsen, Murphy, Westall, Howard, Weise, Glover, Kissam, Price, Mann, May, Coulter, Kosinski, Hickey, Bremner, Goodman, Polish, Banner, Ross and Barengo
FILE NUMBER 101
ASSEMBLY RESOLUTIONCommending Assemblyman Robert E. Robinson and security guard Mike Presti for their emergency lifesaving action for Assemblyman Eileen Brookman.
Whereas, Assemblyman Eileen Brookman collapsed and stopped breathing on April 18, 1977, in the Legislative Building; and
Whereas, Security guard Mike Presti immediately rushed to Assemblyman Brookmans side and began administering mouth-to-mouth resuscitation; and
Whereas, Assemblyman Robert E. Robinson also rushed to aid Mr. Presti and began administering cardio-pulmonary resuscitation; and
κ1977 Statutes of Nevada, Page 1731 (FILE NUMBER 101, AR 32)κ
Whereas, The coolheaded prompt action of Assemblyman Robinson and security guard Mike Presti probably saved the life of Assemblyman Brookman who had stopped breathing three times; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That this body commends Assemblyman Robert E. Robinson and security guard Mike Presti for their prompt and effective action of administering artificial resuscitation on April 18, 1977, to stricken Assemblyman Eileen Brookman.
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Assembly Concurrent Resolution No. 58Assemblyman Rhoads
FILE NUMBER 102
ASSEMBLY CONCURRENT RESOLUTIONRequesting the return to the assembly from the governors office of Assembly Joint Resolution No. 35.
Whereas, Assembly Joint Resolution No. 35 has passed both houses of the 59th 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.
________
Senate Concurrent Resolution No. 43Senators Ashworth and Foote
FILE NUMBER 103
SENATE CONCURRENT RESOLUTIONCommending secretaries for their valuable contributions to government and private enterprise and designating April 24 through April 30, 1977, as Secretaries Week.
Whereas, Conscientious secretaries are essential for proper business management within the free enterprise system; and
Whereas, The task of a secretary requires sophisticated office skills and ability to assume responsibility without direct supervision while exercising initiative and sound judgment; and
Whereas, Accomplished secretaries devote extensive time and energy to the acquisition of requisite skills; and
Whereas, Frequently the dedicated efforts of secretaries are unrecognized; and
Whereas, Secretaries in Nevada should be commended for their vital role in business, industry, education, government and the professions; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature of the State of Nevada commends secretaries employed in Nevada for their valuable contributions to private enterprise and government; and be it further
κ1977 Statutes of Nevada, Page 1732 (FILE NUMBER 103, SCR 43)κ
employed in Nevada for their valuable contributions to private enterprise and government; and be it further
Resolved, That the legislature designates April 24 through April 30, 1977, as Secretaries Week and April 27, 1977, 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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Senate Concurrent Resolution No. 44Committee on Government Affairs
FILE NUMBER 104
SENATE CONCURRENT RESOLUTIONRequesting the return to the senate from the governors office of Senate Bill No. 40.
Whereas, Senate Bill No. 40 has passed both houses of the 59th session of the legislature, has been enrolled and delivered to the governor; and
Whereas, Senate Bill No. 40 needs further legislative attention; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the governor of the State of Nevada is hereby respectfully requested to return Senate Bill No. 40 to the Senate for further consideration.
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Senate Concurrent Resolution No. 45Senator Gibson
FILE NUMBER 105
SENATE CONCURRENT RESOLUTIONRequesting the return to the senate from the governors office of Senate Bill No. 341.
Whereas, Senate Bill No. 341 has passed both houses of the 59th session of the legislature, has been enrolled and delivered to the governor; and
Whereas, Senate Bill No. 341 needs further legislative attention; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the governor of the State of Nevada is hereby respectfully requested to return Senate Bill No. 341 to the senate for further consideration.
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κ1977 Statutes of Nevada, Page 1733κ
Senate Joint Resolution No. 12Clark County Delegation
FILE NUMBER 106
SENTE JOINT RESOLUTIONUrging the United States Department of Defense to discontinue consideration of Nevada as a site for project Seafarer or any successor project.
Whereas, The Defense Appropriations Bill of 1975, Report No. 93-1255, indicates that the Congress of the United States intends to have the Seafarer antenna system of the United States Navy installed in a state only upon the concurrence of that state and its affected local governments; and
Whereas, Various studies and environmental impact statements related to project Seafarer make it clear that emplacement of such an antenna system in the State of Nevada would have potentially severe economic, environmental and health impacts on this state; and
Whereas, The governor of Nevada has on two occasions informed the United States Department of Defense that Nevada does not concur with plans for location of such a system within the state; and
Whereas, The United States Department of the Navy has continued to develop plans for emplacement of the Seafarer antenna system in Nevada in spite of repeated objections by the people of this state; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature of the State of Nevada urges that neither the Seafarer antenna system nor any successor antenna system be emplaced on any land within the State of Nevada and that the Department of Defense discontinue consideration of Nevada as a site for the project; 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 Secretary of Defense, 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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Assembly Concurrent Resolution No. 60Assemblymen Dini, Banner, Barengo, Bennett, Bremner, Brookman, Chaney, Coulter, Craddock, Demers, Dreyer, Glover, Gomes, Goodman, Harmon, Hayes, Hickey, Horn, Jacobsen, Jeffrey, Kissam, Kosinski, Mann, May, Mello, Moody, Murphy, Polish, Price, Rhoads, Robinson, Ross, Schofield, Sena, Serpa, Vergiels, Wagner, Weise and Westall
FILE NUMBER 107
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Assemblyman Melvin B. (Bode) Howard.
Whereas, The heart of every member of this body is deeply grieved by the tragic passing of Assemblyman Melvin, B. (Bode) Howard, whose untimely death constitutes a severe blow to the legislature of the State of Nevada; and
κ1977 Statutes of Nevada, Page 1734 (FILE NUMBER 107, ACR 60)κ
Whereas, The profoundly shocking death of Mr. Howard has removed from the midst of the Assembly one of its most admired and respected members, whose 16 years of service established him as its veteran legislator; and
Whereas, Assemblyman Howards able representation of his widely spread constituency of Assembly District No. 34, encompassing Eureka, Humboldt and Lander counties and Carlin Township of Elko County, which permitted him to seek the office six out of nine times unopposed, was largely due to his enviable ability to stay close to the people he represented; and
Whereas, Born April 9, 1921, in Winnemucca, Assemblyman Howards loyal devotion to this state exemplified by his selfless dedication to public service illustrated the true spirit of native pioneer Nevadans; and
Whereas, Assemblyman Howard was a distinguished veteran of the Committee on Ways and Means, was one of its most gifted members and was considered an authority on the states budget; and
Whereas, The pleasing disposition and gentle manner of the soft-spoken legislator will be sorely missed on the Assembly floor and in the committee rooms of the house where Assemblyman Howard conscientiously labored; and
Whereas, Assemblyman Howards humanitary devotion was far-reaching, including service in the National Guard from 1941 to 1961 when he retired as a major, and also his membership in the American Legion; VFW; Elks Lodge No. 1757, as well as his past presidencies of the Junior Chamber of Commerce and Chamber of Commerce; and
Whereas, Aside from Assemblyman Howards civic and political contributions, he was an honorable and hard-working businessman and a devoted husband and father who served as an inspiration to his family and countless friends; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 59th session of the legislature of the State of Nevada extend their heartfelt sympathy to the family of Assemblyman Melvin B. (Bode) Howard, whose death has touched all of us with deepest sorrow; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to Marian, Assemblyman Howards widow and their three children, Melvin B. Buddy Howard, Jr., Joan Chesser and June Dayton.
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Assembly Resolution No. 33Assemblymen Dini, Banner, Barengo, Bennett, Bremner, Chaney, Coulter, Craddock, Demers, Dreyer, Glover, Gomes, Goodman, Harmon, Hayes, Hickey, Horn, Jacobsen, Jeffrey, Kissam, Kosinski, Mann, May, Mello, Moody, Murphy, Polish, Price, Rhoads, Robinson, Ross, Schofield, Sena, Serpa, Vergiels, Wagner, Weise and Westall
FILE NUMBER 108
ASSEMBLY RESOLUTIONCommending Dr. Mary Fulstone on her contribution to public service in Nevada.
Whereas, With deep appreciation and sincere admiration the members of this body commend Mary Fulstone, M.D., affectionately known as Doctor Mary, for her more than 50 years of devoted service to the residents of Smith and Yerington, Nevada; and
κ1977 Statutes of Nevada, Page 1735 (FILE NUMBER 108, AR 33)κ
Doctor Mary, for her more than 50 years of devoted service to the residents of Smith and Yerington, Nevada; and
Whereas, Doctor Marys steadfast dedication to the practice of medicine in rural Nevada has earned her the distinction of being this states longest practicing physician; and
Whereas, In addition to her full-time medical practice and taking an active role in improving the areas rural medical facilities, Doctor Mary has raised a family of five children and been elected to the Lyon County school board and the state board of education, having served on both, concurrently, for the past 20 years; and
Whereas, Doctor Marys medical career and humanitarian contributions have brought national media recognition to this states most gracious physician; and
Whereas, Doctor Mary has also been recognized and honored for her devotion to service throughout this state, especially demonstrated in 1964 when she received the highly coveted distinguished Nevadan award from the University of Nevada; and
Whereas, Before becoming registered and licensed to practice medicine in Nevada in 1920, Doctor Mary had attended Carson City High School and the University of California, and had interned at Womens & Childrens Hospital in San Francisco from 1918 to 1919 and was a Resident of San Francisco Hospital from 1919 to 1920; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of this body warmly commend Doctor Mary and extend heartfelt gratitude and well-deserved praise for her unselfish devotion to the medical profession in rural Nevada and her numerous contributions to public service which, collectively, have made her a living Nevada legend; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Mary Fulstone, M.D., — Doctor Mary.
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Assembly Joint Resolution No. 42Assemblymen Gomes, Weise, Rhoads, Serpa, Murphy, Howard, Jacobsen, Glover, Polish, Bremner, Moody, Hickey, Harmon, Sena, May, Robinson, Banner, Dreyer, Craddock, Chaney, Bennett, Jeffrey, Schofield and Horn
FILE NUMBER 109
ASSEMBLY JOINT RESOLUTIONMemorializing the Congress of the United States to enact legislation requiring the Bureau of Land Management to hold local public hearings, issue economic impact statements and obtain congressional approval before adopting regulations.
Whereas, The Bureau of Land Management of the United States Department of the Interior manages over 48 million acres, or 69 percent, of the land in the State of Nevada; and
Whereas, The Bureau of Land Management has repeatedly shown a lack of concern for the citizens of the State of Nevada whose lives and livelihoods are tied to these lands; and
κ1977 Statutes of Nevada, Page 1736 (FILE NUMBER 109, AJR 42)κ
Whereas, The Bureau of Land Management has adopted and continues to adopt regulations pursuant to the Administrative Procedure Act, 5 U.S.C. §§ 500 et seq., without holding oral public hearings, or by holding public hearings at places remote from the citizens who are most affected by the regulations; and
Whereas, The Bureau of Land Management proposes to adopt new regulations governing mining, grazing and other beneficial uses of the public lands which would have a harsh impact on the lives and livelihoods of directly affected citizens of the State of Nevada, and it is evident that the rulemaking authority of the Bureau of Land Management should be curtailed; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the Congress of the United States is hereby memorialized to enact legislation requiring the Bureau of Land Management in the United States Department of the Interior, before it adopts any regulation, to hold an oral public hearing in each county of each state which will be directly affected by the regulation; and be it further
Resolved, That the Congress is urged to enact legislation requiring the Bureau of Land Management, before it adopts any regulation, to conduct a cost-benefit analysis of the proposed regulation which considers the economic impact of the regulation on those citizens directly affected by it, including citizen cost and job impact, and to issue an economic impact statement which justifies the adoption of the regulation; and be it further
Resolved, That the Congress is urged to enact legislation providing for congressional oversight of Bureau of Land Management rulemaking, by requiring prior approval by the Congress or by the Interior and Insular Affairs Committees of the United States Senate and House of Representatives before a proposed regulation may become effective; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the President of the United States, the Secretary of the Interior, the Chairman of the Interior and Insular Affairs Committees of the United States Senate and 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 Joint Resolution No. 20Senators Gibson, Lamb, Close, Foote, Blakemore, Dodge, Echols, Ashworth, Glaser, Schofield and Raggio
FILE NUMBER 110
[To be returned to 1979 legislature]
SENATE JOINT RESOLUTIONProposing to amend sections 6 and 33 of article 4 and sections 17 and 22 of article 5 of the Nevada constitution to remove the lieutenant governor as president of the senate and permit his assumption of other duties.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That sections 6 and 33 of article 4 and sections 17 and 22 of article 5 of the constitution of the State of Nevada be amended to read respectively as follows:
κ1977 Statutes of Nevada, Page 1737 (FILE NUMBER 110, SJR 20)κ
of the constitution of the State of Nevada be amended to read respectively as follows:
[Sec:] Sec. 6. Each House shall judge of the qualifications, elections and returns of its own members, choose its own officers [(except the President of the Senate),] and determine the rules of its proceedings, and may punish its members for disorderly contact, and with the concurrence of two thirds of all the members elected, expel a member.
[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 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] and 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.
[Sec:] Sec. 17. A Lieutenant Governor shall be elected at the same time and places and in the same manner as the Governor and his term of Office, and his eligibility, shall also be the same. [He shall be President of the Senate, but shall only have a casting vote therein.] If during a Vacancy of the office of Governor, the Lieutenant Governor shall be impeached, displaced, resign, die or become incapable of performing the duties of the office, or be absent from the State, the President [pro-tempore] of the Senate shall act as Governor until the vacancy be filled or the disability cease.
[Section] Sec. 22. The lieutenant governor, secretary of state, state treasurer, state controller [,] and attorney general [, and superintendent of public instruction] shall perform such other duties as may be prescribed by law.
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Senate Concurrent Resolution No. 35Senators Schofield, Hilbrecht, Neal, Ashworth, Raggio, Blakemore, Bryan, Young, Glaser, Echols, Faiss, Hernstadt, Sheerin, Wilson and Close
FILE NUMBER 111
SENATE CONCURRENT RESOLUTIONEncouraging political subdivisions to enter cooperative agreements which foster community education.
Whereas, Community education furthers lifelong learning experiences that are meaningful and relevant to children, youth and adults in the school, the home and the community; and
Whereas, Community education relies on people becoming involved in determining their needs and desires and on their participating in the decisionmaking, planning and implementation necessary to realize those needs and desires; and
κ1977 Statutes of Nevada, Page 1738 (FILE NUMBER 111, SCR 35)κ
Whereas, Community education attempts to make maximum use of all available resources in a community to provide meaningful and accessible services to all members of the community; and
Whereas, NRS 277.045 provides for cooperation between political subdivisions through cooperative agreements for the performance of various governmental functions; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the Nevada legislature endorses community education and encourages governmental bodies to enter into cooperative agreements that will foster community education.
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Senate Joint Resolution No. 21Committee on Transportation
FILE NUMBER 112
SENATE JOINT RESOLUTIONMemorializing Brock Adams, the Secretary of Transportation, to designate to the State of Nevada the additional mileage necessary to construct the Interstate 80 Spur in Reno.
Whereas, The Reno-Sparks metropolitan area of Nevada is a major center for tourist and industrial development and one of the fastest growing regions in the United States; and
Whereas, Completion of this extension of Interstate 80 is essential to the orderly growth of the area and the basis for regional transportation plans; and
Whereas, The proposed construction of this facility has the approval of both state and local officials, and is enthusiastically supported by the affected business and residential community; and
Whereas, Completion of the critically needed freeway as the areas major north-south arterial will be greatly delayed without the federal funding provided through the approval of additional interstate mileage for the State of Nevada; and
Whereas, The Interstate 80 Spur, as proposed, meets all criteria set forth by the Federal Highway Administration for eligibility to receive interstate system mileage being withdrawn from other states; 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 urges Brock Adams, Secretary of Transportation, to give the highest priority to approval of the Interstate 80 Spur as an addition to Nevadas 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), that mileage be allocated to Nevada for construction of the Interstate 80 Spur in Reno; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to Brock Adams, Secretary of Transportation, 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
κ1977 Statutes of Nevada, Page 1739 (FILE NUMBER 112, SJR 21)κ
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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Senate Concurrent Resolution No. 46Senators Raggio, Glaser, Gibson, Neal, Blakemore, Faiss, Hernstadt, Young, Hilbrecht, Schofield, Wilson, Dodge, Echols, Foote, Close, Gojack, Bryan, Lamb, Sheerin and Ashworth
FILE NUMBER 113
SENATE CONCURRENT RESOLUTIONCommending Justice David Zenoff for his outstanding service to the State of Nevada.
Whereas, Justice David Zenoff has announced his retirement from the Nevada supreme court after a 12-year period of outstanding service to the court, which also included service as the chief justice; and
Whereas, Justice Zenoff, before his appointment to the Nevada supreme court, distinguished himself as a jurist while serving as a district court judge in Clark County from 1958 to 1965; and
Whereas, Justice Zenoff is a dedicated and capable civic-minded public servant possessing courageous and progressive attitudes towards juvenile justice, best exemplified by his efforts as a district judge to establish the Spring Mountain Youth Camp and his proposal calling for a separate juvenile justice system; and
Whereas, Justice Zenoffs other diverse civic and charitable activities have included Israeli fund-raising efforts and working for the establishment of a law school for the University of Nevada; and
Whereas, Upon the retirement of Justice Zenoff, the State of Nevada will lose an enthusiastic and able public servant; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 59th session of the Nevada legislature express their sincere and deep appreciation to Justice David Zenoff for his commendable service to the State of Nevada; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Justice David Zenoff.
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Senate Concurrent Resolution No. 47Senators Ashworth, Blakemore, Bryan, Close, Dodge, Echols, Faiss, Foote, Gibson, Glaser, Gojack, Hernstadt, Hilbrecht, Lamb, Neal, Raggio, Schofield, Sheerin, Wilson and Young
FILE NUMBER 114
SENATE CONCURRENT RESOLUTIONExpressing gratitude to the superintendent of the state printing and records division of the department of general services and his staff for their work during the 59th session of the Nevada legislature.
Whereas, Don Bailey as superintendent of state printing and records division of the department of general services and his staff have labored long and diligently at the work of this session of the legislature and have performed their difficult tasks in an efficient and timely manner; now, therefore, be it
κ1977 Statutes of Nevada, Page 1740 (FILE NUMBER 114, SCR 47)κ
long and diligently at the work of this session of the legislature and have performed their difficult tasks in an efficient and timely manner; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 59th session of the legislature of the State of Nevada commend and express their gratitude to Don Bailey and all members of the staff of the state printing and records division of the department of general services for their careful and efficient work and courteous cooperation in assisting the legislature.
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Senate Concurrent Resolution No. 48Senators Gibson, Close, Wilson, Lamb, Dodge, Young, Bryan, Raggio, Blakemore, Echols, Neal, Foote, Schofield, Gojack, Hilbrecht, Sheerin, Ashworth, Glaser, Faiss and Hernstadt
FILE NUMBER 115
SENATE CONCURRENT RESOLUTIONCommending Frank W. Daykin for his service to the 59th session of the Nevada legislature.
Whereas, Frank W. Daykin, as legislative counsel and head of the legal division of the legislative counsel bureau, has served the members of the 59th session of the Nevada legislature with extraordinary energy, competence and productivity; and
Whereas, The quality of his service is seen in the high level of professionalism and timeliness of the work of the division he leads; and
Whereas, The quality of his service is also recognized in the numerous and responsive legal opinions requested of him and in the salutary effect of his many appearances before the standing committees of both houses of the legislature; and
Whereas, Frank W. Daykin brings to his service a welcome wit, patience and matchless ability to take the heat and convert it into light; and
Whereas, Frank W. Daykin distinguishes his service by his deep commitment to the pursuit of excellence in the legislative process; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 59th session of the Nevada legislature commend their legislative counsel, Frank W. Daykin, for a job superbly done and extend to him the hearty thanks of the legislature and people of the State of Nevada.
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κ1977 Statutes of Nevada, Page 1741κ
Senate Concurrent Resolution No. 49Senator Dodge
FILE NUMBER 116
SENATE CONCURRENT RESOLUTIONRequesting the return to the senate from the governors office of Senate Bill No. 229.
Whereas, Senate Bill No. 229 has passed both houses of the 59th session of the legislature, has been enrolled and delivered to the governor; and
Whereas, Senate Bill No. 229 needs further legislative attention; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the governor of the State of Nevada is hereby respectfully requested to return Senate Bill No. 229 to the senate for further consideration.
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Senate Concurrent Resolution No. 50Senators Blakemore and Wilson
FILE NUMBER 117
SENATE CONCURRENT RESOLUTIONProviding for the return of Assembly Bill 606 to the senate for correction.
Whereas, A.B. 606 was regularly passed by both the assembly and the senate and has been returned to the assembly; and
Whereas, A.B. 606 contains an error which should be corrected; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That A.B. 606 be returned from the assembly to the senate for correction.
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Assembly Concurrent Resolution No. 1Assemblymen Mann, Schofield, Kosinski, Sena, Harmon, Demers, Jeffrey and Barengo
FILE NUMBER 118
ASSEMBLY CONCURRENT RESOLUTIONOrdering a study of the conditions at the state prison by the legislative commission.
Whereas, The state prison system is an important operation of state government which fulfills a basic need of society for incarceration and rehabilitation of convicts; and
Whereas, Recent events at the maximum security prison have raised questions about the security and well-being of inmates and the adequacy of the system to provide for the rehabilitation of the convicts; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission make a comprehensive study of the condition of the state prison and report its findings with recommendations for any appropriate legislation to the 60th session of the legislature of the State of Nevada.
κ1977 Statutes of Nevada, Page 1742 (FILE NUMBER 118, ACR 1)κ
condition of the state prison and report its findings with recommendations for any appropriate legislation to the 60th session of the legislature of the State of Nevada.
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Assembly Concurrent Resolution No. 6Assemblymen Wagner, Murphy, Jeffrey, Hayes, Weise and Coulter
FILE NUMBER 119
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study all provisions of law relating to obscenity.
Whereas, The legislature of the State of Nevada is concerned with the problem of protecting the citizens of this state, their families and youth against the dissemination of obscene matter; and
Whereas, Obscene matters are not protected by the constitutional guaranties of free speech and press, but complicated and recurring problems exist in establishing standards defining what matters are not so protected and lie outside the limits of candor and decency; and
Whereas, A definition of the current standards of obscenity is necessary to prevent and eliminate any abuse of the public health, safety and morals of the citizens of this state and to satisfy due process; and
Whereas, The definition of obscenity contained in NRS 201.250 and various local ordinances is no longer workable in light of recent opinions rendered by the United States Supreme Court; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission, with participation by representatives of the Nevada State Library Association, the state department of education, district attorneys and city attorneys of the State of Nevada, is hereby directed to study the provisions of Nevada law which relate to obscenity, review relevant court decisions which deal with obscenity, and examine workable obscenity laws of other states; and be it further
Resolved, That the findings of the commission and its recommendations be reported to the 60th session of the legislature.
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Assembly Concurrent Resolution No. 8Assemblymen May, Craddock, Serpa and Horn
FILE NUMBER 120
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study methods of assessing and taxing geothermal resources, products and byproducts.
Whereas, On a national scale, Nevada is estimated to be second only to California in its potential for development of geothermal energy; and
Whereas, Thirty areas within Nevada have been identified by the U.S. Geological Survey as Known Geothermal Resource Areas, and approximately 20 percent of the state is believed to offer the possibility of geothermal development; and
κ1977 Statutes of Nevada, Page 1743 (FILE NUMBER 120, ACR 8)κ
approximately 20 percent of the state is believed to offer the possibility of geothermal development; and
Whereas, Geothermal resources may be harnessed for various practical uses, the most important being the generation of electricity; and
Whereas, Geothermal resources on private and federal lands have already been leased for development, and provision has been made in the Nevada Revised Statutes for the lease of geothermal resources in state lands; and
Whereas, There is no statutory provision for assessing and taxing geothermal resources, products and byproducts; 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 alternative methods of assessing and taxing geothermal resources, products and byproducts; and be it further
Resolved, That the legislative commission report the results of the study and any recommended legislation to the 60th session of the legislature.
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Assembly Concurrent Resolution No. 25Assemblymen Weise and Murphy
FILE NUMBER 121
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the feasibility of creating a new county to govern the north shore area of Lake Tahoe.
Whereas, The sufficiency of the local governmental services being provided for the north shore area of Lake Tahoe in relation to the amount of tax revenue being derived from the area has come into serious question; and
Whereas, The creation of a new county to govern the north shore area of Lake Tahoe has been proposed as one method to ensure that an equitable ratio is maintained between the taxes paid and the services received in that area; and
Whereas, There is a need for reliable information and accurate calculations concerning the financial aspects of the proposal; 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 feasibility of creating a new county which would govern the north shore area of Lake Tahoe; and be it further
Resolved, That the study shall include an examination of:
1. The fiscal viability of such a new county and its prospective fiscal effect upon Washoe County and upon state distributive taxes;
2. The nature, extent and method of payment of the proportional liability for the indebtedness of Washoe County and the Washoe County school district which could equitably be imposed on such a new county and its school district;
3. Other adjustments of rights and liabilities and apportionments of common property and common burdens which would be necessary; and
κ1977 Statutes of Nevada, Page 1744 (FILE NUMBER 121, ACR 25)κ
4. Alternative methods for ensuring an equitable distribution of local governmental services in the north shore area of Lake Tahoe,
and be it further
Resolved, That an appropriate number of the members of the board of county commissioners of Washoe County and residents of the Incline-Crystal Bay area of Lake Tahoe be appointed to serve as advisers during the study; and be it further
Resolved, That the results of the study and any recommendations for legislation be reported to the 60th session of the legislature.
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Assembly Concurrent Resolution No. 34Assemblymen Robinson and Murphy
FILE NUMBER 122
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the extent of unclaimed property in the state and recommend legislation to provide for disposition of such property.
Whereas, Thirty-three states have enacted comprehensive laws providing for the disposition of abandoned property, most of those states having enacted the Uniform Disposition of Unclaimed Property Act; and
Whereas, Nevada law provides for the escheat of certain unclaimed property, but it has been proposed that additional benefits would accrue to the state if the legislature were to enact a comprehensive law on the subject; and
Whereas, There is a need to determine the nature and extent of unclaimed property in this state before such a law is enacted in order that the recommended legislation can first be adapted to the actual circumstances which exist in this state; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to conduct a study to ascertain the nature and extent of unclaimed property in this state, to determine the amount of money which the state would additionally derive if changes were made in the existing statutes or a comprehensive law on disposition of abandoned property were enacted, and to develop any needed legislation adapted to the facts found to exist in this state; and be it further
Resolved, That the legislative commission report the results of the study and any recommended legislation to the 60th session of the legislature.
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κ1977 Statutes of Nevada, Page 1745κ
Assembly Concurrent Resolution No. 40Assemblyman Hayes
FILE NUMBER 123
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the regulation of air and surface transportation, including public transportation.
Whereas, The development, maintenance and regulation of safe and efficient public utilities are essential to the fiscal welfare and responsible growth of Nevada; and
Whereas, Substantial differences exist between public utilities supplying energy and water and those which provide air and surface transportation; and
Whereas, The responsibility for developing, maintaining and regulating air and surface transportation in Nevada is vested in several agencies; and
Whereas, The duties and functions of these regulating agencies are overlapping, which results in inefficiencies and duplications; and
Whereas, Many of the laws and regulations governing air and surface transportation in Nevada are inappropriate; 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 laws and regulations which govern air and surface transportation, including public transportation, as well as the duties of the various state agencies which develop, maintain and regulate these services; and be it further
Resolved, That the legislative commission is also directed to determine whether the consolidations of certain agencies would create greater efficiency and eliminate wasteful duplicating activities, or, whether an independent agency to regulate air and surface transportation is needed; and be it further
Resolved, That the commission report the results of its findings and any recommended legislation to the 60th session of the Nevada legislature.
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Assembly Concurrent Resolution No. 44Assemblymen Hickey, Howard, Chaney, Jeffrey, Rhoads, Price, May, Kosinski, Vergiels and Horn
FILE NUMBER 124
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the community college division of the University of Nevada System.
Whereas, The community college division of the University of Nevada System fills a vital educational need for many Nevada residents; and
Whereas, The rapid growth of the community college division has led to differences of opinion regarding suitable locations for community colleges, the administration and organization of the division and other matters; and
κ1977 Statutes of Nevada, Page 1746 (FILE NUMBER 124, ACR 44)κ
Whereas, The legislature believes that a study of the community college division may resolve such differences of opinion and ensure that the division continues to fill the educational needs of Nevada residents; 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 community college division of the University of Nevada System to determine:
1. If the community college division should be separated from the University of Nevada System;
2. The future need of Nevada residents for community colleges;
3. Whether the present resources of community colleges are being used to the greatest advantage; and
4. Whether community college facilities should be expanded or whether further expenditures should be made;
and be it further
Resolved, That the legislative commission submit a report of its findings and any recommendations for appropriate legislation to the 60th session of the legislature.
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Assembly Concurrent Resolution No. 54Committee on Education
FILE NUMBER 125
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the structures and functions of the state board of education and the state department of education.
Whereas, The legislature wishes to determine whether the structures and functions of the state board of education and the state department of education should be changed or retained in their present forms; 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 structures and functions of the state board of education and the state department of education, including:
1. The need for the board and, if needed, whether membership on the board should be elective or appointive; and
2. The departments staffing patterns, salary structure and services it performs, statewide as well as regionally, for Clark, Washoe and the smaller counties; and be it further
Resolved, That the legislative commission report the results of the study and any recommended legislation to the 60th session of the legislature.
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κ1977 Statutes of Nevada, Page 1747κ
Assembly Concurrent Resolution No. 55Committee on Ways and Means
FILE NUMBER 126
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the administration of mental hygiene and mental retardation programs in Nevada.
Whereas, In 1973, the Rand Corporation of Santa Monica, California, was awarded a grant from the Max C. Fleischmann Foundation of Nevada to conduct a comprehensive study of the mental health and mental retardation system of Nevada; and
Whereas, The report of the 2-year study was published in 1976, and it identified major deficiencies in the states mental health and mental retardation programs; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission study the administration of mental hygiene and mental retardation programs in this state to:
1. Determine whether or not the recommendations made in the Rand Corporation report should be carried into effect;
2. Determine whether or not the division of mental hygiene and mental retardation of the department of human resources is furnishing the types of programs which it is required to provide by law;
3. Determine whether or not the division should be reorganized in order to provide greater efficiency; and
4. Determine whether or not the programs developed by the division fully utilize the available resources,
and be it further
Resolved, That the results of such study and any recommended legislation be reported to the 60th session of the Nevada legislature.
________
Assembly Concurrent Resolution No. 57Assemblymen Glover, Mello, Howard, Vergiels and Mann
FILE NUMBER 127
ASSEMBLY CONCURRENT RESOLUTIONProviding for the compensation of clergy for services rendered to the assembly and senate in the 59th 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 59th session of the Nevada legislature.
________
κ1977 Statutes of Nevada, Page 1748κ
Assembly Concurrent Resolution No. 61Assemblyman Jacobsen
FILE NUMBER 128
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Assemblyman Thomas M. Kean.
Whereas, The legislature of the State of Nevada has learned with deep sorrow and regret of the death of former Assemblyman Thomas M. Kean; and
Whereas, Mr. Kean was a native of Tacoma, Washington, and graduated from Oregon State College in 1933 with a degree in engineering; and
Whereas, Mr. Kean was president of the Sierra Oxygen Company from 1946 to 1959, and was president of the Sierra Chemical Company from 1959 until the time of his death; and
Whereas, The respected legislator was first elected to the Assembly from Washoe County in 1955 and ably served his constituents for 10 other regular and special sessions until 1972 when he chose not to seek reelection; and
Whereas, Mr. Keans legislative colleagues honored him in 1956, 1957 and 1968 by selecting him Minority Floor Leader; and
Whereas, Mr. Kean was a determined advocate and major force behind the establishment of the University of Nevada-Renos medical school; and
Whereas, Mr. Kean was an active and enthusiastic Nevadan and was affiliated with numerous organizations, including the Prospectors Club, the Reno Rotary Club and the Masonic Lodge, in addition to having served as president and director of the Nevada Motor Transport Association; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 1977 session of the legislature of the State of Nevada express their sorrow and extend their deepest sympathy to the family of the former Assemblyman Thomas M. Kean; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the widow and surviving sons and daughter of Thomas M. Kean.
________
Assembly Joint Resolution No. 7Assemblymen Harmon, Mello, Demers, Weise, Dini and Schofield
FILE NUMBER 129
[To be returned to 1979 legislature]
ASSEMBLY JOINT RESOLUTIONProposing an amendment to section 1 of article 10 of the constitution of the State of Nevada, relating to taxation, by permitting a property tax exemption for the conservation of energy by using nonfossil resources.
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.
κ1977 Statutes of Nevada, Page 1749 (FILE NUMBER 129, AJR 7)κ
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] The legislature may constitute agricultural and open-space real property having a greater value for another use than that for which it is being used, as a separate class for taxation purposes and may provide a separate uniform plan for appraisal and valuation of such property for assessment purposes. If such plan is provided, the legislature shall also provide for retroactive assessment for a period of not less than 7 years when agricultural and open-space real property is converted to a higher use conforming to the use for which other nearby property is used. Personal property which is moving in interstate commerce through or over the territory of the State of Nevada, or which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward, shall be deemed to have acquired no situs in Nevada for purposes of taxation and shall be exempt from taxation. Such property shall not be deprived of such exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged. The legislature may exempt motor vehicles from the provisions of the tax required by this section, and in lieu thereof, if such exemption is granted, shall provide for a uniform and equal rate of assessment and taxation of motor vehicles, which rate shall not exceed five cents on one dollar of assessed valuation. No inheritance or estate tax shall ever be levied, and there shall also be excepted such property as may be exempted by law for municipal, educational, literary, scientific or other charitable purposes [.] , or for the conservation of energy using nonfossil resources.
________
Assembly Joint Resolution No. 43Assemblymen Schofield, Jeffrey, Vergiels, Gomes, Murphy, Harmon, Bennett, Moody and Horn
FILE NUMBER 130
ASSEMBLY JOINT RESOLUTIONMemorializing the Congress promptly to enact legislation to protect cacti and yucca on federal land.
Whereas, Hundreds of thousands of cacti and yucca annually are being ripped from deserts in many southwestern states by greedy profiteers; and
κ1977 Statutes of Nevada, Page 1750 (FILE NUMBER 130, AJR 43)κ
Whereas, Concerned state legislators have enacted statutes to control the removal of cacti and yucca from private lands but states such as Nevada, over 86 percent of whose territory is federally owned land, have large areas which remain unprotected; and
Whereas, The continued bootlegging of precious and rare cacti and yucca — many species of which grow only 1 or 2 inches a year — will permanently strip southwestern deserts; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That this body respectfully but urgently memorializes the Congress of the United States to enact legislation to protect cacti and yucca on federal land; 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.
________
Assembly Joint Resolution No. 47Assemblymen Dini, Serpa, Rhoads, Howard, Glover, Moody and Jacobsen
FILE NUMBER 131
ASSEMBLY JOINT RESOLUTIONUrging the Congress of the United States to ratify the California-Nevada Interstate Compact.
Whereas, After many years of negotiation, the states of California and Nevada reached final agreement in 1971 on the California-Nevada Interstate Compact; and
Whereas, Under the section 10 of Article I of the Constitution of the United States, and as provided in article 22 of the compact, ratification by the Congress of the United States is required before the compact may become effective; and
Whereas, Valuable natural resources would be conserved and important agricultural interests would be benefited by congressional ratification; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature hereby urges the Congress of the United States to ratify the California-Nevada Interstate Compact; and be it further
Resolved, That copies of this resolution be 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.
________
κ1977 Statutes of Nevada, Page 1751κ
Senate Concurrent Resolution No. 38Senators Schofield, Close, Echols, Hilbrecht, Neal, Hernstadt, Glaser, Blakemore, Bryan, Raggio, Young, Wilson and Sheerin
FILE NUMBER 132
SENATE CONCURRENT RESOLUTIONDirecting legislative commission to study feasibility of establishing a state home for veterans in Nevada.
Whereas, There are currently 92,000 veterans in Nevada, or approximately one out of every four adult Nevadans; and
Whereas, The Veterans Administration facilities in Nevada are not designated for old-age or extended care; and
Whereas, Many elderly Nevadans who have served their state and country in military service are without the means to provide for institutional care on an extended basis; and
Whereas, Veterans should be accorded a special dignity in their old age by the governments and people whom they served; and
Whereas, The Veterans Administration is authorized under 38 U.S.C. § 5031 et seq., to provide grants up to 65 percent of the costs of construction of state homes for war veterans; 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 feasibility of establishing a veterans home in Nevada, such study to include the availability and conditions of Veterans Administration grants; and be it further
Resolved, That the results of the study along with any recommendations for legislation be reported to the 60th session of the legislature; and be it further
Resolved, That if it is determined that pursuance of a grant or other details of planning and construction should run beyond the 60th session that the legislative commission should continue study and oversight of the project until its completion.
________
Assembly Joint Resolution No. 53Assemblyman Rhoads
FILE NUMBER 133
ASSEMBLY JOINT RESOLUTIONUrging the Congress of the United States to transfer to the State of Nevada the public lands in the checkerboard ownership pattern situated along the railroad right-of-way which crosses northern Nevada.
Whereas, During the Civil War, the Congress of the United States granted to the Central Pacific Railroad every other section of land for a distance of 20 miles on each side of the railroad right-of-way which runs across the northern part of the State of Nevada, thereby creating what is known as a checkboard pattern of land ownership; and
Whereas, This grant of alternate sections of land to the railroad served a useful purpose when the railroad was under construction, but the checkerboard pattern of land ownership now presents severe land planning, use and management problems for private owners, cities, counties, the State of Nevada and the Bureau of Land Management of the United States Department of the Interior; and
κ1977 Statutes of Nevada, Page 1752 (FILE NUMBER 133, AJR 53)κ
planning, use and management problems for private owners, cities, counties, the State of Nevada and the Bureau of Land Management of the United States Department of the Interior; and
Whereas, The BLM Organic Act and the policies and regulations of the Secretary of the Interior and the Bureau of Land Management prevent solution of the land planning, use and management problems through sales and exchanges; and
Whereas, The owners of the private lands within the checkerboard area have been deprived of their property rights, including access to their land and the most efficient uses of their land, without judicial process or just compensation; and
Whereas, These public lands cannot be properly managed or fully used for wildlife development, recreation or other beneficial uses without interfering with the rights of the private landowners because of the checkerboard pattern; and
Whereas, The land pattern frequently prevents development of city, county and state projects; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature urges the Congress of the United States to enact legislation granting ownership of all public lands and public improvements situated in the railroad-grant checkerboard area to the State of Nevada, which would provide the State of Nevada with the lands necessary to solve its land pattern problems; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Senator Cannon, Senator Laxalt, Congressman Santini and Governor OCallaghan; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
Assembly Concurrent Resolution No. 26Assemblymen Mello, Howard, Kosinski, Dini, Glover, Dreyer, Harmon, Demers, Jeffrey, Kissam, Bremner, Gomes, Hickey, May, Murphy, Moody, Polish, Rhoads, Price, Robinson, Schofield, Serpa, Sena, Vergiels, Wagner, Westall, Hayes, Horn, Jacobsen, Mann, Barengo, Bennett, Banner, Chaney and Craddock
FILE NUMBER 134
ASSEMBLY CONCURRENT RESOLUTIONAllocating $5,000,000 from the sale of park bonds to acquisition and construction, bicycle paths and historic preservation.
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the board of examiners is directed to sell sufficient bonds under An Act relating to natural resources; directing the submission of a proposal to issue state general obligation bonds for park purposes and fish and game habitat acquisition to a vote of the people; providing for the use of the proceeds if such issue is approved; and providing other matters properly relating thereto, approved May 21, 1975, being chapter 660, Statutes of Nevada 1975, at page 1303, to produce $5,000,000 to be allocated as provided in this resolution; and be it further
κ1977 Statutes of Nevada, Page 1753 (FILE NUMBER 134, ACR 26)κ
Resolved, That the proceeds of the sale of the bonds shall be allocated to six districts, the state parks, the Nevada department of fish and game and for historic preservation as follows:
1. District 1, consisting of Carson City and Churchill, Douglas, Lyon, Storey and Washoe counties and the cities within the respective counties: $670,000, of which $502,500 is allocated to acquisition and construction and $167,500 is allocated to bicycle paths;
2. District 2, consisting of Esmeralda, Mineral and Nye counties and the cities within the respective counties: $40,000, of which $30,000 is allocated to acquisition and construction and $10,000 is allocated to bicycle paths;
3. District 3, consisting of Clark County and the cities within the county: $1,156,000, of which $867,000 is allocated to acquisition and construction and $289,000 is allocated to bicycle paths;
4. District 4, consisting of Eureka, Lincoln and White Pine counties and the cities within the respective counties: $40,000, of which $30,000 is allocated to acquisition and construction and $10,000 is allocated to bicycle paths;
5. District 5, consisting of Elko County and the cities within the county: $54,000, of which $40,500 is allocated to acquisition and construction and $13,500 is allocated to bicycle paths;
6. District 6, consisting of Humboldt, Lander and Pershing counties and the cities within the respective counties: $40,000, of which $30,000 is allocated to acquisition and construction and $10,000 is allocated to bicycle paths;
7. The Nevada state park system: $1,500,000 for acquisition and construction;
8. The Nevada department of fish and game: $1,000,000 for acquisition and construction;
9. For historic preservation purposes, to be distributed in accordance with guidelines and regulations developed by the division of historic preservation and archeology of the state department of conservation and natural resources: $500,000;
and be it further
Resolved, That the following conditions are placed upon the distribution of money under the provisions of this resolution:
1. No more than 25 percent of the money allocated to any county or city pursuant to the provisions of this resolution may be used for development purposes.
2. Money which is not used by a district to which it has been allotted before January 1, 1979, becomes available for allocation among the other districts.
3. Bond funds allocated to the Nevada state park system shall be matched to the maximum extent possible by money which is made available by the Federal Government.
4. No money from the allocation to a district may be granted to counties or cities for park purposes until the state park advisory commission has reviewed all plans for acquisition, construction and development of parks in all counties and cities.
κ1977 Statutes of Nevada, Page 1754 (FILE NUMBER 134, ACR 26)κ
5. For each dollar of bond proceeds allocated to a district, the district shall provide one dollar of local funds to each project;
and be it further
Resolved, That the directions and allocations of this resolution are contingent upon the enactment of an amendment to chapter 660, Statutes of Nevada 1975, to permit the legislature to allocate proceeds of bonds sold under the above-entitled act by its concurrent resolution;
and be it further
Resolved, That the requirement of distribution according to guidelines and regulations developed by the division of historic preservation and archeology of the state department of conservation and natural resources is contingent upon the enactment of Senate Bill No. 359 of the 59th session.
________
Assembly Concurrent Resolution No. 63Committee on Ways and Means
FILE NUMBER 135
ASSEMBLY CONCURRENT RESOLUTIONRequesting the return to the assembly from the governors office Assembly Bill No. 623.
Whereas, Assembly Bill No. 623 has passed both houses of the 59th session of the legislature, has been enrolled and delivered to the governor; and
Whereas, Assembly Bill No. 623 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. 623 to the assembly for further consideration.
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Senate Concurrent Resolution No. 12Committee on Judiciary
FILE NUMBER 136
SENATE CONCURRENT RESOLUTIONAuthorizing the legislative commission to study certain problems concerning professional liability insurance.
Whereas, Reliable and extensive information given to the legislative commissions subcommittee on medical malpractice indicates that complex professional liability insurance problems may continue for all licensed professional services; and
Whereas, Legislation may be necessary to protect the health and welfare of persons living in this state; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission may undertake a study of problems concerning professional liability insurance if the commission determines that such a study is necessary to ensure a continued high quality of all licensed professional services in this state; and be it further
κ1977 Statutes of Nevada, Page 1755 (FILE NUMBER 136, SCR 12)κ
that such a study is necessary to ensure a continued high quality of all licensed professional services in this state; and be it further
Resolved, That if a study is made, the legislative commission report the results of the study to the 60th session of the legislature together with its recommendations and any appropriate legislation.
________
Senate Concurrent Resolution No. 36Senator Dodge
FILE NUMBER 137
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to conduct a study recodifying Nevadas education laws.
Whereas, Existing laws which govern Nevadas public education were drafted in 1956; and
Whereas, Many of these laws have been amended and rewritten numerous times which tends to create confusion and could lead to varying interpretations; 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 and recodification of Nevadas education laws; and be it further
Resolved, That the results of the study along with recommendations for legislation be reported to the 60th session of the Nevada legislature.
________
Senate Joint Resolution No. 25Senators Ashworth, Close, Bryan, Dodge, Foote, Sheerin, Gibson, Lamb, Raggio, Glaser and Wilson
FILE NUMBER 138
SENATE JOINT RESOLUTIONMemorializing the Congress to enact S.B. 1118 which raises the threshold of reporting gaming payouts for income tax purposes.
Whereas, By a temporary regulation which took effect March 1, 1977, the Internal Revenue Service requires gaming payouts exceeding $1,000 to be reported on bingo, keno and slot machines; and
Whereas, The regulation makes no distinction between payouts and winnings and, therefore, precludes deductions by wagers; and
Whereas, The regulation was adopted as an emergency measure when an emergency did not exist, and its provisions have been carried out without any hearings or advance notice to this state; and
Whereas, Gaming patrons are gravely concerned about the requirement of reporting as winnings amounts which have not actually been won but are merely a return of money previously wagered; and
Whereas, One months experience with this regulation indicates that the gaming industry is being adversely affected by a reduction of wagers and a delay in gaming operations; and
κ1977 Statutes of Nevada, Page 1756 (FILE NUMBER 138, SJR 25)κ
Whereas, Gaming tax revenues in the State of Nevada annually have exceeded 50 percent of the total general fund revenue; and
Whereas, Loss of customers or a reduction in play would not only damage the gaming industry, but would also reduce tax revenue which emanates from gaming to the state general fund as well as the Federal Government; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Congress of the United States is respectfully memorialized to enact Senate Bill No. 1118 which would raise the dollar threshold for reporting of gaming payouts for income tax purposes and permit the deduction of demonstrated losses in computing the threshold; 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, all members of the Senate Committee on Finance and all members of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
Senate Concurrent Resolution No. 39Committee on Commerce and Labor
FILE NUMBER 139
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to study the administrative procedures followed by the Nevada industrial commission and alternative methods of providing workmens compensation coverage.
Whereas, A diversity of proposals has been presented to the 59th session of the Nevada legislature concerning the administrative practices of the Nevada industrial commission and alternative methods of acquiring industrial and occupational disease coverage; and
Whereas, The subject matter is of such complexity and of such importance to employers and employees in this state as to warrant its study in depth; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to conduct a study of the administrative procedures of the Nevada industrial commission, including:
1. The manner in which claims for compensation are handled;
2. The time which elapses between the time a claim is submitted and compensation payments are made; and
3. The time which elapses following a hearing until a decision is rendered by the commission or the appeals officer,
and be it further
Resolved, That the commission study the feasibility and desirability of the following alternative methods of providing workmens compensation coverage:
κ1977 Statutes of Nevada, Page 1757 (FILE NUMBER 139, SCR 39)κ
1. Through private insurance carriers;
2. Through self-insurance;
3. Through the Nevada industrial commission; or
4. Through any combination of the above methods,
and be it further
Resolved, That the legislative commission provide for contracts with independent, expert consultants to provide technical assistance to the commission; and be it further
Resolved, That the Nevada industrial commission furnish to the independent consultants, upon their request, any information which will assist them in accomplishing the objectives of this study; and be it further
Resolved, That the consultants be required to report their findings to the commission not later than July 1, 1978; and be it further
Resolved, That the commission submit a final report of the findings of the study and any recommended legislation to the 60th session of the Nevada legislature.
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Senate Resolution No. 7Committee on Legislative Functions
FILE NUMBER 140
SENATE RESOLUTIONAmending Senate Standing Rule 118 relating to resolutions for certain purposes.
Resolved by the Senate of the State of Nevada, That Senate Standing Rule 118 is hereby amended to read as follows:
118
Treated as Bills.
[Joint and concurrent resolutions] Resolutions addressed to Congress, or to either House thereof, or to the President of the United States, or the heads of any of the national departments, or proposing amendments to the State Constitution [shall be] are subject, in all respects, to the foregoing rules governing the course of bills. A joint resolution proposing an amendment to the constitution shall be entered in the journal in its entirety.
________
Senate Joint Resolution No. 23Senators Lamb and Glaser
FILE NUMBER 141
SENATE JOINT RESOLUTIONUrging the United States Bureau of Land Management and the United States Department of the Interior to take prompt action to reduce the number of wild horses and burros on public lands.
Whereas, It is estimated that approximately 36,000 head of wild horses and burros run on the open range in Nevada; and
Whereas, These animals are very heavily concentrated in some areas and are seriously overgrazing the land and dominating the limited water supplies; and
κ1977 Statutes of Nevada, Page 1758 (FILE NUMBER 141, SJR 23)κ
and are seriously overgrazing the land and dominating the limited water supplies; and
Whereas, These animals are adversely affecting the forage and water available for wildlife and domestic livestock; and
Whereas, Private lands that are unfenced are suffering severe damage in some areas from overgrazing by wild horses or burros; and
Whereas, Private water appropriated under state law and improved by drilling wells, installing pipelines or developing springs and seeps, is being used by wild horses and burros; and
Whereas, Wild horses and burros are reproducing at an ever increasing rate; and
Whereas, Seven thousand to 10,000 head would have to be removed each year in order to control herd growth, and many more would have to be removed to reduce the herds to the level which existed in 1971; and
Whereas, Only a few hundred head have been removed in the past year; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature strongly urges the director of the Bureau of Land Management and the Secretary of the Interior to take immediate action to provide for horse and burro gatherings to reduce the number of horses and burros to the level which existed in 1971; and be it further
Resolved, That the provisions of Public Law 94-579 relating to the use of helicopters and motor vehicles for gathering and transporting of horses and burros be carried out immediately; and be it further
Resolved, That the Congress amend Public Law 92-195 to allow transfer of title to persons accepting surplus horses or burros from public lands; 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, 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.
________
Assembly Joint Resolution No. 59Committee on Agriculture
FILE NUMBER 142
ASSEMBLY JOINT RESOLUTIONPetitioning the Congress of the United States to restrain federally protected free-roaming horses and burros or pay for the damages caused by such animals.
Whereas, Approximately 36,000 free-roaming horses and burros have overrun the open range in the State of Nevada; and
Whereas, The Congress of the United States, in the Wild Free-Roaming Horses and Burros Act of 1971, 16 U.S.C. §§ 1331 et seq., has declared that these nonnative horses and burros are wild animals; and
κ1977 Statutes of Nevada, Page 1759 (FILE NUMBER 142, AJR 59)κ
Whereas, This Act has not changed the nature of these horses and burros, and they continue to behave as livestock or estrays, as the common law and state law regarded them; and
Whereas, These free-roaming horses and burros have entered and continue to enter private lands, where they trample and destroy private crops, eat privately owned feed intended for domestic livestock, drink water appropriated for the use of livestock and for irrigation, and mingle with and annoy the livestock, and sometimes mate with domestic horses; and
Whereas, The behavior of these so-called wild horses and burros is similar to that of any privately owned horses which trespass on neighboring property causing substantial damage, for which the owner should be held liable; and
Whereas, By virtue of the Wild Free-Roaming Horses and Burros Act, these animals have caused and continue to cause substantial damage to ranches and farms in Nevada, for which no one can presently be held liable; and
Whereas, A rancher or farmer who desires to protect his land from these free-roaming horses and burros must capture and maintain them at his own expense until they are retrieved by the Federal Government; and
Whereas, The legislature of the State of Nevada believes that it is unfair to the ranchers and farmers of this state for the Congress to arbitrarily to classify these horses and burros as wild animals and consequently burden the ranchers and farmers with the damage and expense they cause; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature hereby petitions the Congress of the United States to limit the number of these free-roaming horses and burros and restrain them by erecting fences or to appropriate sufficient money to provide compensation for the damage they cause and provide an agistors fee to any rancher or farmer who must capture and maintain these animals pending their removal by federal agents; 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, the Chairman of the Energy and Natural Resources Committee of the Senate, the Chairman of the Interior and Insular Affairs Committee of the House of Representatives, and each member of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
κ1977 Statutes of Nevada, Page 1760κ
Senate Joint Resolution No. 26Senators Dodge, Blakemore and Glaser
FILE NUMBER 143
SENATE JOINT RESOLUTIONMemorializing the Congress of the United States to direct certain federal agencies to contract with Nevada for the administration of certain federal lands.
Whereas, The Federal Government possesses over 60 million acres or 87 percent of the land in the State of Nevada, the seventh largest state in the union, and only 11 percent of this land is dedicated to and used for national purposes; and
Whereas, The United States Department of the Interior manages over 48 million acres or 69 percent of the land in the State of Nevada through the Bureau of Land Management, and none of this land is dedicated to or used for national purposes; and
Whereas, The United States Department of Agriculture manages over 5 million acres or 7.2 percent of the land in the State of Nevada through the U.S. Forest Service, and this activity is only tenuously related to any national purpose; and
Whereas, The sound political theory of the founding fathers of this Union was that the Federal Government should manage national affairs and the several States should manage local affairs, and that this theory was to be effectuated through the Constitution of the United States; and
Whereas, James Madison explained these intentions of the founding fathers in The Federalist No. 45, in which he wrote, The powers reserved to the several States will extend to all the objects, which, in the ordinary course of affairs, concern the lives, liberties and properties of the people; and the internal order, improvement and prosperity of the state; and
Whereas, The massive presence of the Bureau of Land Management and the Forest Service in the State of Nevada is a presence without a purpose, which has contributed very little to the internal order, improvement or prosperity of this state; and
Whereas, This presence without purpose has been and continues to be a source of constant friction and animosity between the people of the State of Nevada and their Federal Government; and
Whereas, The Congress of the United States has recently taken a new approach to increasing internal order within the public land states, by permitting the Secretary of the Interior, pursuant to the BLM Organic Act, 43 U.S.C. § 1733(c), to contract with state and local governmental law enforcement agencies for the enforcement of federal laws on the public lands; and
Whereas, The Congress has recently taken a new approach to improving the usefulness of federal projects in the public land states, by permitting the Secretary of the Interior, pursuant to 16 U.S.C. § 4601-12 et seq., to contract with state and local governmental agencies for the management of programs to enhance fish and wildlife and to provide outdoor recreation on Bureau of Reclamation projects, as was done in the contract of March 12, 1976, with the Nevada state park system to manage recreational facilities at the Lahontan Reservoir; and
Whereas, The Congress has recently taken a new approach to increasing the prosperity of the public land states, by permitting the Secretary of the Interior, pursuant to the BLM Organic Act, 43 U.S.C.
κ1977 Statutes of Nevada, Page 1761 (FILE NUMBER 143, SJR 26)κ
§ 1737, to enter into contracts and cooperative agreements for the management of the public lands, as was done in the recent agreement with the State of Wyoming to manage surface coal mining operations both on federal lands and on private lands in which the Federal Government has retained mineral rights; and
Whereas, The Nevada legislature believes that the new congressional approach of state management of federal lands will not only minimize that federal presence which is without national purpose, but will also contribute significantly to the internal order, improvement and prosperity of the public land states, the very objective which James Madison and the founding fathers intended to be achieved by the Constitution; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature, without abrogating Nevadas claims to title of the public lands in this state, hereby memorializes the Congress of the United States to continue expanding its new approach to the management of federal lands, by enacting legislation which directs the Secretary of the Interior and the Secretary of Agriculture to contract with the State of Nevada and the other public land states for management by those states of grazing lands, forest lands and any other of the federal lands which the Congress determines can be effectively managed by the states; and be it further
Resolved, That the states which do manage federal lands should enforce federal laws, or state laws which are at least as stringent as federal laws, for the preservation, protection and use of the lands; that the states which manage federal lands should be reimbursed for their costs of administration; and that the multiple-use concept should continue to be the principal policy of federal land management; 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, the Chairman of the Energy and Natural Resources Committee of the Senate, the Chairman of the Interior and Insular Affairs Committee of the House of Representatives, and each member of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
Senate Joint Resolution No. 24Senators Schofield, Neal, Faiss, Hilbrecht, Hernstadt, Blakemore, Glaser, Echols, Ashworth, Bryan, Gibson, Lamb and Close
FILE NUMBER 144
SENATE JOINT RESOLUTIONMemorializing the Congress of the United States to authorize and appropriate money for a veterans hospital in Clark County, Nevada.
Whereas, It is estimated that there are 53,000 veterans living in Clark County who have honorably served their country; and
κ1977 Statutes of Nevada, Page 1762 (FILE NUMBER 144, SJR 24)κ
Whereas, By 1980, approximately 62,500 veterans will reside in Clark County; and
Whereas, These figures demonstrate that the number of military personnel who are retiring in southern Nevada as well as those persons who are entitled to the medical and dental benefits offered by federal hospitals is increasing substantially; and
Whereas, The closest veterans hospitals for these persons are in Reno and Los Angeles, which makes hospital care for them an extreme inconvenience and hardship; and
Whereas, The increase in the cost of medical care and the crowded conditions of private and public hospitals in southern Nevada create an unconscionable burden upon those men and women who have served their country; and
Whereas, There are no Veterans Administration hospitals readily accessible to those deserving persons; 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 authorize and appropriate the necessary money for a veterans hospital in 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 and to all members of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
Senate Joint Resolution No. 18Senator Blakemore
FILE NUMBER 145
SENATE JOINT RESOLUTIONMemorializing the President of the United States to appoint a mineral affairs adviser to the White House staff.
Whereas, One-half of the earths natural resources are minerals; and
Whereas, This nations high standard of living, based almost entirely upon a sophisticated industrial and technological foundation, is dependent upon mineral resources; and
Whereas, The national defense and economic security and well-being of this country depend upon an adequate and assured supply of minerals; and
Whereas, Problems surrounding mineral resources and supplies are distinct from those which relate to other aspects of this nations economy; and
Whereas, This country needs a national and comprehensive mineral resources policy; and
Whereas, The President of the United States should have access to a knowledgeable mineral affairs adviser; now, therefore, be it
κ1977 Statutes of Nevada, Page 1763 (FILE NUMBER 145, SJR 18)κ
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 value and critical importance of mineral resources and to appoint a mineral affairs adviser to the White House staff; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the President of the United States, the Vice President of the United States as 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.
________
Assembly Joint Resolution No. 51Assemblyman Moody
FILE NUMBER 146
ASSEMBLY JOINT RESOLUTIONRequesting the Economic Adjustment Committee to assist the University of Nevadas Desert Research Institute in its efforts to revitalize Walker Lake in Mineral County, Nevada.
Whereas, The Hawthorne Naval Ammunition Depot, which has been Mineral County, Nevadas predominant economic resource since 1930, has experienced a significant reduction in activities during the past 8 years; and
Whereas, The decline in civilian employment, from 1,800 in 1969 to less than 800 this year, has had a severe economic effect on the county; and
Whereas, Mineral County, Nevada, has been declared a defense impacted area by the federal Economic Adjustment Committee which has confirmed support for requests of economic assistance; and
Whereas, Walker Lake is Mineral Countys finest natural resource and attraction but its 38,000 acres have been receding at an average annual rate of 2 feet along the shoreline; and
Whereas, As this desert lake becomes smaller, warmer and more contaminated, its value as a tourist and industrial attraction diminishes which, in turn, influences the economy of the entire county; and
Whereas, The University of Nevadas Desert Research Institute has been conducting research on Walker Lakes chemical, physical and biological attributes for the past 2 years, and it has developed a research proposal for investigating the feasibility of altering the chemical balance of Walker Lake to create biological benefits, employment opportunities and valuable marketable byproducts; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the Economic Adjustment Committee and its staff are commended for their efforts in assisting Mineral Countys economic recovery program; and be it further
κ1977 Statutes of Nevada, Page 1764 (FILE NUMBER 146, AJR 51)κ
Resolved, That this body respectfully requests the Economic Adjustment Committee to support and assist the University of Nevadas Desert Research Institutes research proposal which would eventually bring economic stability to Mineral County, Nevada; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the Office of Economic Adjustment; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
Assembly Resolution No. 34Assemblyman Glover
FILE NUMBER 147
ASSEMBLY RESOLUTIONProviding for the appointment of an additional assembly attache.
Resolved By the Assembly of the State of Nevada, That Clifford R. Miller is elected as an additional attache of the assembly for the 59th session of the legislature of the State of Nevada.
________
Assembly Resolution No. 35Assemblymen Jacobsen and Dini
FILE NUMBER 148
ASSEMBLY RESOLUTIONMemorializing the late Matthew Matt Bernard, Douglas County clerk-treasurer.
Whereas, This body was deeply saddened by the recent and untimely death of Matthew Bernard, Douglas County clerk-treasurer; and
Whereas, Mr. Bernard, fondly known as Matt by all his friends and colleagues, was a native Nevadan, born February 18, 1930, in Yerington; and
Whereas, Mr. Bernard was a dedicated public servant who had held the clerk-treasurers post since January 1975; and
Whereas, Matt Bernard was one of Douglas Countys most enthusiastic and civic-minded residents as illustrated by his membership in the Douglas County Sportsmans Club, the Douglas County Republican Central Committee, the Nevada Fiscal Officers Association and Carson Lodge 1, F & AM; and
Whereas, Mr. Bernard was also a former Nevada fish and game commissioner and a former Douglas County volunteer fireman; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the sincere condolences of the members of the 59th session of the Nevada legislature are extended to the family of the late Matthew Matt Bernard; and be it further
κ1977 Statutes of Nevada, Page 1765 (FILE NUMBER 148, AR 35)κ
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Mr. Bernards widow, Yvonne, and their five children.
________
Assembly Concurrent Resolution No. 64Assemblyman Demers
FILE NUMBER 149
ASSEMBLY CONCURRENT RESOLUTIONRequesting the return to the assembly from the governors office Assembly Bill No. 689.
Whereas, Assembly Bill No. 689 has passed both houses of the 59th session of the legislature, has been enrolled and delivered to the governor; and
Whereas, Assembly Bill No. 689 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. 689 to the assembly for further consideration.
________
Assembly Concurrent Resolution No. 65Assemblymen Sena, Mello, Dini, Mann, Goodman, Bennett, Craddock, Serpa, Rhoads, Horn, Chaney, Kissam, Hayes, Howard, Harmon, Demers, Vergiels, Jeffrey, Wagner, Dreyer, Jacobsen, Glover, Gomes, Weise, Coulter, Polish, Banner, Barengo, Bremner, Schofield, Kosinski, Price, Ross, Hickey, Murphy, May, Westall, Moody and Robinson
FILE NUMBER 150
ASSEMBLY CONCURRENT RESOLUTIONCommemorating Cinco de Mayo for 1977, and honoring the Latin American celebration.
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 59th session of the legislature of the State of Nevada hereby commemorate Cinco de Mayo on May 5, 1977; and be it further
Resolved, That the legislature honors the celebration of Cinco de Mayo and pays tribute on that day to the culture and heritage of Nevadans of Mexican origin.
________
κ1977 Statutes of Nevada, Page 1766κ
Senate Concurrent Resolution No. 34Committee on Commerce and Labor
FILE NUMBER 151
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to study the problems and treatment of alcoholism and drug abuse in Nevada and the feasibility of requiring health insurance to cover treatment thereof.
Whereas, Alcoholism is a nagging physical and social problem which affects the lives of many Nevadans; and
Whereas, The low priority which has been given to this problem at the state level has stagnated attempts to provide Nevada with the necessary knowledge of dealing with and treating alcoholism; and
Whereas, Alcohol and alcohol abuse cost the people of Nevada $25,000,000 annually in lost work time through accidents, absenteeism and impaired performance; and
Whereas, The combined problem of alcoholism and drug abuse should be considered and the possibility of requiring the coverage of treatment for alcoholism and drug abuse in health insurance policies studied; 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 and treatment of alcoholism and drug abuse and to make a comprehensive study of the feasibility of requiring health insurance policies to cover treatment for alcoholism and drug abuse, including the effect on premium, policy structure and indirect costs; and be it further
Resolved, That the committee report the results of its findings along with recommendations to the 60th session of the Nevada legislature.
________
Senate Concurrent Resolution No. 14Senators Bryan, Gibson, Close and Hilbrecht
FILE NUMBER 152
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to study and make recommendations on the subject of pupil achievement.
Whereas, There is growing concern in the State of Nevada over allegations that the high school diploma no longer indicates that the recipient has acquired satisfactory skills in basic subject areas; and
Whereas, Legislators as policymakers, as well as educators, parents and others, will benefit from additional information concerning the nature of the alleged inadequacies, the possible causes and proposals for improvement; and
Whereas, There is need for greater understanding of the relationship between pupil achievement and such factors as curriculum requirements, classroom discipline, pupil-teacher ratios and competency testing; 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 subject of pupil achievement in the public schools of this state. The study may include such questions as:
κ1977 Statutes of Nevada, Page 1767 (FILE NUMBER 152, SCR 14)κ
1. How pupil achievement in Nevada compares with that of other states;
2. Whether pupil achievement in Nevada is significantly lower today than in the past;
3. Whether school curriculum requirements throughout the state are sufficiently comprehensive and whether the standards are sufficiently rigid to ensure that pupils are adequately prepared for work or further education;
4. Whether there is need for the legislature to mandate certain basic curriculum standards;
5. Whether classroom discipline is a serious problem in Nevada schools and, if so, the extent to which it affects pupil achievement;
6. Whether there is a relationship between pupil achievement and pupil-teacher ratios, and whether in Nevada the ratios have reached a critical level; and
7. What types of legislative action might be advisable if classroom discipline and pupil-teacher ratios are found to be adversely affecting pupil achievement; and be it further
Resolved, That the legislative commission include persons representing teachers, school administrators, parents and taxpayers, as well as legislators, as members of the subcommittee appointed to conduct the study; and be it further
Resolved, That the legislative commission report the results of the study to the 60th session of the legislature, together with any recommendations for necessary and appropriate legislation.
________
Senate Concurrent Resolution No. 37Senator Dodge
FILE NUMBER 153
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to study local government liability insurance and employee group insurance available to local governments.
Whereas, Local governments in Nevada are faced with an inordinate increase in premiums for insurance against liability, which insurance is necessary to protect taxpayers against any award which might be given by a court in personal injury or property damage cases; and
Whereas, The provision of accident and health insurance to public employees results in benefits both to the employee and the local government employer; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission make a comprehensive study of liability insurance and employee group health insurance available to local governments, and the financial burden which those local governments are required to undertake to obtain protection, and report its findings with recommendations for any appropriate legislation to the 60th session of the Nevada legislature.
________
κ1977 Statutes of Nevada, Page 1768κ
Assembly Joint Resolution No. 1Assemblymen Barengo, Mann, Wagner and Hickey
FILE NUMBER 154
[To be returned to 1979 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to amend the Nevada constitution by removing the designation of the county clerks as ex officio clerks of the courts of record.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 32 of article 4 of the constitution of the State of Nevada be amended to read as follows:
Sec. 32. The Legislature shall have power to increase, diminish, consolidate or abolish the following county officers: County Clerks, County Recorders, Auditors, Sheriffs, District Attorneys and Public Administrators. The Legislature shall provide for their election by the people, and fix by law their duties and compensation. County Clerks shall be ex-officio Clerks [of the Courts of Record and] of the Boards of County Commissioners in and for their respective counties [.] , and the Legislature may provide by law that they shall be ex officio Clerks of the Courts of Record in some or all of the counties.
________
Assembly Joint Resolution No. 9Assemblymen Robinson, Price, Brookman and Hickey
FILE NUMBER 155
[To be returned to 1979 legislature]
ASSEMBLY JOINT RESOLUTIONProposing an amendment to section 1 of article 10 of the constitution of the State of Nevada, relating to taxation, by permitting a property tax exemption for the reduction of any form of pollution.
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] 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.
κ1977 Statutes of Nevada, Page 1769 (FILE NUMBER 155, AJR 9)κ
another use than that for which it is being used, as a separate class for taxation purposes and may provide a separate uniform plan for appraisal and valuation of such property for assessment purposes. If such plan is provided, the legislature shall also provide for retroactive assessment for a period of not less than 7 years when agricultural and open-space real property is converted to a higher use conforming to the use for which other nearby property is used. Personal property which is moving in interstate commerce through or over the territory of the State of Nevada, or which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward, shall be deemed to have acquired no situs in Nevada for purposes of taxation and shall be exempt from taxation. Such property shall not be deprived of such exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged. The legislature may exempt motor vehicles from the provisions of the tax required by this section, and in lieu thereof, if such exemption is granted, shall provide for a uniform and equal rate of assessment and taxation of motor vehicles, which rate shall not exceed five cents on one dollar of assessed valuation. No inheritance or estate tax shall ever be levied, and there shall also be excepted such property as may be exempted by law for municipal, educational, literary, scientific or other charitable purposes [.] or for the reduction of any form of pollution.
________
Senate Concurrent Resolution No. 19Senator Blakemore
FILE NUMBER 156
SENATE CONCURRENT RESOLUTIONCreating a committee to undertake a study of labor-management relations in private enterprise and develop a plan to avert or resolve serious labor disputes.
Whereas, Sound and stable industrial relations, the advancement of the general health, welfare and safety of the state, and the best interests of employees and employers are promoted by rapid settlement of labor-management issues; and
Whereas, The settlement of issues between employees and employers in private enterprise through collective bargaining could be advanced by making available full and adequate facilities of government for conciliation, mediation and voluntary arbitration to aid and encourage employers and the representatives of their employees to reach and maintain agreements on rates of pay and working conditions; and
Whereas, Long and costly labor disputes, such as the recent dispute on the Las Vegas Strip which adversely affected Clark County in an estimated amount of $24 million, could undermine the economy of the state; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That a committee be appointed to conduct a study of all possible means of averting or resolving serious labor disputes in private enterprise and to develop a feasible plan for accomplishing this objective; and be it further
κ1977 Statutes of Nevada, Page 1770 (FILE NUMBER 156, SCR 19)κ
means of averting or resolving serious labor disputes in private enterprise and to develop a feasible plan for accomplishing this objective; and be it further
Resolved, That the majority leader of the senate appoint to the committee one senator and the speaker of the assembly appoint to the committee one member of the assembly, who:
1. Shall determine between themselves by lot who shall be chairman and who shall be vice chairman; and
2. May not vote on any matter which comes before the committee; and be it further
Resolved, That the governor appoint to the committee six members of whom:
1. Three shall be selected from the labor-management advisory board created by the Nevada industrial commission, and three shall be selected from the Nevada employment security council; and
2. Three shall represent labor and three shall represent management; and be it further
Resolved, That the committee may request the assistance of the legislative counsel bureau and while actually involved in the conduct of the study each member of the committee is entitled to receive from the legislative fund upon approval by the legislative commission the same travel expenses and per diem expense allowance as are provided by law for state officers and employees; and be it further
Resolved, That the committee submit its recommendations, including suggested legislation, to the governor and to the 60th session of the legislature.
________
Senate Concurrent Resolution No. 51Committee on Finance
FILE NUMBER 157
SENATE CONCURRENT RESOLUTIONAuthorizing the state department of conservation and natural resources to acquire certain real property for park purposes from the proceeds of the 1970 park bond issue.
Whereas, At the 1970 general election the voters of Nevada approved a proposal to issue general obligation bonds of the State of Nevada for park purposes in an amount of $5,000,000; and
Whereas, A portion of the money raised from the issuance of such state general obligation bonds has not been expended or encumbered and is available for expenditure for the acquisition of real property for the state park system; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the state department of conservation and natural resources on behalf of the State of Nevada is authorized to expend the sum of $1,365,240, derived from proceeds of the 1970 park bond issue and matching federal funds, to acquire certain appraised real property for the following state parks:
κ1977 Statutes of Nevada, Page 1771 (FILE NUMBER 157, SCR 51)κ
1. Spring Valley State Park;
2. Lahontan State Recreation Area;
3. Cathedral Gorge State Park;
4. Kershaw Canyon-Ryan State Park;
5. Beaver Dam State Park;
6. Fort Churchill Monument,
and be it further
Resolved, That the state department of conservation and natural resources is authorized to use any proceeds remaining from the 1970 park bond issue, after the purchase of the appraised property for the aforementioned state parks, to purchase additional property for the Lahontan State Recreation Area; and be it further
Resolved, That any additional land that the state department of conservation and natural resources proposes to acquire shall be appraised by a competent appraiser and the appraisal submitted to the interim finance committee for final approval of the acquisition.
________
Senate Concurrent Resolution No. 56Committee on Judiciary
FILE NUMBER 158
SENATE CONCURRENT RESOLUTIONExpressing the appreciation of the State of Nevada to the Max C. Fleischmann Foundation of Nevada.
Whereas, The members of the 59th session of the legislature of the State of Nevada on behalf of the citizens of this state wish to express their deep appreciation and gratitude to the Max C. Fleischmann Foundation of Nevada and its trustees for the many generous contributions to the State of Nevada, its political subdivisions, municipal corporations, educational and charitable institutions and organizations; and
Whereas, It is the sincere hope of the legislature that the worthy purposes expressed in the will of the late Max C. Fleischmann and carried out by the trustees of the Max C. Fleischmann Foundation of Nevada will be continued in the future; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 59th session of the legislature of the State of Nevada hereby extend the appreciation and gratitude of this body and the citizens of the State of Nevada to the Max C. Fleischmann Foundation of Nevada and respectfully requests that the trustees consider any future distribution of the foundations assets be to a similar charitable trust or series of charitable trusts organized to continue the charitable and eleemosynary purposes of the present trust; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the chairman and members of the board of trustees of the Max C. Fleischmann Foundation of Nevada.
________
κ1977 Statutes of Nevada, Page 1772κ
Assembly Concurrent Resolution No. 67Assemblyman Demers
FILE NUMBER 159
ASSEMBLY CONCURRENT RESOLUTIONRequesting the return to the assembly from the governors office Assembly Bill No. 307.
Whereas, Assembly Bill No. 307 has passed both houses of the 59th session of the legislature, has been enrolled and delivered to the governor; and
Whereas, Assembly Bill No. 307 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. 307 to the assembly for further consideration.
________
Senate Resolution No. 17Committee on Legislative Functions
FILE NUMBER 160
SENATE RESOLUTIONProviding for the appointment of an additional senate attache.
Resolved by the Senate of the State of Nevada, That Michael Kevin Rippee is elected as an additional attache of the senate for the 59th session of the legislature of the State of Nevada.
________
Senate Resolution No. 16Senators Gibson and Raggio
FILE NUMBER 161
SENATE RESOLUTIONDesignating certain members of the senate as members of the legislative commission.
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 Keith Ashworth, Richard H. Bryan, Margie Foote, James I. Gibson, Norman Ty Hilbrecht and William J. Raggio are designated as the regular senate members; Senator Clifton Young is designated as the alternate member for Senator Raggio; and Senators Melvin D. Close, Jr., Gary A. Sheerin, Mary L. Gojack, Richard E. Blakemore and Joe Neal are designated as first, second, third, fourth and fifth alternate members respectively for the other members, to serve until their successors are designated.
________
κ1977 Statutes of Nevada, Page 1773κ
Senate Resolution No. 8Committee on Legislative Functions
FILE NUMBER 162
SENATE RESOLUTIONAmending Senate Standing Rule 104 by reducing the period for submission of individual bill drafting requests or introduction of bills.
Resolved by the Senate of the State of Nevada, That Senate Standing Rule 104 is hereby amended to read as follows:
104
LIMITATION ON BILL DRAFTING REQUESTS AND INTRODUCTIONS
1. After the first [40] 30 calendar days of a regular legislative session, bill drafting requests submitted to the legislative counsel for bills and joint resolutions will not be honored by the legislative counsel unless the bill drafting request is approved by:
(a) A two-thirds vote of the members of the Senate present, or
(b) A standing committee of the Senate, provided the bill drafting request was approved by a majority of all of the members of such standing committee.
2. After the first [40] 30 calendar days of a regular legislative session, bills and joint resolutions may be introduced by:
(a) Standing committees without consent.
(b) A member who had requested the drafting of such bill or joint resolution by the legislative counsel prior to the [41st] 31st calendar day of the legislative session.
[(c) A member whose request was approved prior to drafting in the manner required by this rule.]
3. Consent to suspend this rule shall be made on rollcall vote, which vote shall be entered in the Senate Journal for that day, and such consent shall apply to no more than one bill or joint resolution or bill drafting request.
________
Senate Concurrent Resolution No. 55Senator Wilson
FILE NUMBER 163
SENATE CONCURRENT RESOLUTIONRequesting the return to the senate from the governors office Senate Bill No. 480.
Whereas, Senate Bill No. 480 has passed both houses of the 59th session of the legislature, has been enrolled and delivered to the governor; and
Whereas, Senate Bill No. 480 needs further legislative attention; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the governor of the State of Nevada is hereby respectfully requested to return Senate Bill No. 480 to the senate for further consideration.
________
κ1977 Statutes of Nevada, Page 1774κ
Senate Concurrent Resolution No. 53Senator Gibson
FILE NUMBER 164
SENATE CONCURRENT RESOLUTIONRequesting the return to the senate from the governors office of Senate Bill No. 359.
Whereas, Senate Bill No. 359 has passed both houses of the 59th session of the legislature, has been enrolled and delivered to the governor; and
Whereas, Senate Bill No. 359 needs further legislative attention; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the governor of the State of Nevada is hereby respectfully requested to return Senate Bill No. 359 to the senate for further consideration.
________
Assembly Concurrent Resolution No. 38Committee on Judiciary
FILE NUMBER 165
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study crimes and punishments.
Whereas, There should be uniformity in the relation between crimes and punishment in this state; and
Whereas, The punishments provided in the statutes for commission of various defined crimes should be proportionate to the seriousness of those crimes, and the punishments for particular crimes should be established in proper relation to the punishments for other crimes of equivalent seriousness; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to supervise a legislative counsel bureau study of crimes and punishment in this state to:
1. Determine whether or not the punishments are appropriately proportionate; and
2. Harmonize the relation between criminal offenses and their penalties;
and be it further
Resolved, That the staff of the legislative counsel bureau report the results of the study to the legislative commission by January 1, 1978, and the commission shall take such further action on the matter as it considers necessary.
________
κ1977 Statutes of Nevada, Page 1775κ
Assembly Concurrent Resolution No. 66Assemblyman Kissam
FILE NUMBER 166
ASSEMBLY CONCURRENT RESOLUTIONRequesting the return to the assembly from the governors office of Assembly Bill No. 556.
Whereas, Assembly Bill No. 556 has passed both houses of the 59th session of the legislature, has been enrolled and delivered to the governor; and
Whereas, Assembly Bill No. 556 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. 556 to the assembly for further consideration.
________
Assembly Concurrent Resolution No. 68Assemblymen Dini, Mello, Harmon, Demers, Glover, Banner, Barengo, Bennett, Bremner, Brookman, Chaney, Coulter, Craddock, Dreyer, Gomes, Goodman, Hayes, Hickey, Horn, Howard, Jacobsen, Jeffrey, Kissam, Kosinski, Mann, May, Moody, Murphy, Polish, Price, Rhoads, Robinson, Ross, Schofield, Sena, Serpa, Vergiels, Wagner, Weise and Westall
FILE NUMBER 167
ASSEMBLY CONCURRENT RESOLUTIONCommending the staff of the Nevada legislative counsel bureau for their service to the 59th session of the Nevada legislature.
Whereas, The Nevada legislative counsel bureau provides legislative services which are essential to the smooth functioning and independence of the Nevada legislature; and
Whereas, The administrative staff of the legislative counsel bureau provides the necessary services of typing, reproduction, supply, general editing and distribution; and
Whereas, The audit staff of the legislative counsel bureau examines the expenditure by nearly every agency of state government of the money appropriated by the legislature and performs important internal accounting functions, including the management of the legislative fund and all expenditures for the conduct of the legislative session; and
Whereas, The fiscal analysis staff of the legislative counsel bureau provides the legislature with complete and accurate information needed in the appropriation process by independently reviewing the state budget and preparing or reviewing fiscal notes for those legislative measures which have a fiscal impact on local or state government; and
Whereas, The legal staff of the legislative counsel bureau prepares all legislative measures introduced in the legislature and all amendments of those measures, provides legal advice respecting legislative matters to the members of the legislature collectively and individually and produces the basic legal publications of the state; and
Whereas, The research staff of the legislative counsel bureau responds to legislative requests for information on virtually any subject amendable to legislation by maintaining extensive research data and analyzing and interpreting that data to provide usable information for the legislature, prepares resource materials for legislators and the general public and serves as the legislatures primary contact with other state legislatures and the Federal Government; and
κ1977 Statutes of Nevada, Page 1776 (FILE NUMBER 167, ACR 68)κ
to legislative requests for information on virtually any subject amendable to legislation by maintaining extensive research data and analyzing and interpreting that data to provide usable information for the legislature, prepares resource materials for legislators and the general public and serves as the legislatures primary contact with other state legislatures and the Federal Government; and
Whereas, These functions have been performed by the staff of the legislative counsel bureau with outstanding efficiency; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 59th session of the Nevada legislature commend and thank the staff of the Nevada legislative counsel bureau for their efficient service to the legislature and people of the State of Nevada.
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Senate Joint Resolution No. 28Senator Gibson
FILE NUMBER 168
SENATE JOINT RESOLUTIONUrging the United States Secretary of the Interior to develop water-based recreational facilities at Fire Mountain in the Lake Mead National Recreation Area.
Whereas, Recreational facilities at Eldorado Canyon in the Lake Mohave district of the Lake Mead National Recreation Area were destroyed by a flash flood in 1974; and
Whereas, The National Park Service of the United States Department of the Interior has conducted a feasibility study to identify the best location for replacing the facilities destroyed at Eldorado Canyon; and
Whereas, Fire Mountain, which is 4 miles from Eldorado Canyon, has been identified in the study as the best location for the development of such facilities; and
Whereas, Fire Mountain is within a days drive from Las Vegas, Salt Lake City, Phoenix and Los Angeles; and
Whereas, The study indicates that there is a substantial need for water-based recreational facilities to serve the populous southwestern region of the United States; and
Whereas, Visitation projections for the Lake Mohave district of the Lake Mead National Recreation Area indicate that use will increase by about 200,000 visitor-days each year; and
Whereas, The expansion of existing recreational sites at Lake Mohave will not meet this future demand; and
Whereas, The Fire Mountain project will help to meet this demand by providing much needed water-based recreational facilities; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature hereby strongly urges the United States Secretary of the Interior to develop recreational facilities at the Fire Mountain site in the Lake Mohave district of the Lake Mead National Recreation Area; and be it further
κ1977 Statutes of Nevada, Page 1777 (FILE NUMBER 168, SJR 28)κ
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the United States Secretary of the Interior and to each member of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Joint Resolution No. 50Assemblymen Brookman, Gomes, Wagner, Hayes, Westall, Banner, Barengo, Bennett, Bremner, Chaney, Coulter, Craddock, Demers, Dreyer, Glover, Goodman, Harmon, Hickey, Horn, Howard, Jacobsen, Jeffrey, Kissam, Kosinski, Mann, May, Mello, Moody, Murphy, Polish, Price, Rhoads, Robinson, Ross, Schofield, Sena, Serpa, Vergiels, Weise and Dini
FILE NUMBER 169
ASSEMBLY JOINT RESOLUTIONUrging the Congress to enact tax credit for employers of newly hired handicapped persons.
Whereas, The employment of handicapped persons helps enable them to become independent and contributing members of society; and
Whereas, Many private employers require incentives to hire handicapped persons; and
Whereas, A tax credit to private employers for hiring handicapped persons may provide a sufficient incentive; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature hereby urges the Congress of the United States to propose and enact a tax credit for employers based on wages paid to newly hired handicapped persons; 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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Senate Joint Resolution No. 10Senators Gibson, Dodge, Close, Faiss, Glaser, Young, Bryan, Foote, Schofield, Raggio, Hilbrecht, Ashworth and Lamb
FILE NUMBER 170
[To be returned to 1979 legislature]
SENATE JOINT RESOLUTIONProposing to amend the Nevada constitution to provide for the election of one-third of the district judges at each general election.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That sections 5 and 15 of article 6 and section 9 of article 15 of the constitution of the State of Nevada be amended to read respectively as follows:
κ1977 Statutes of Nevada, Page 1778 (FILE NUMBER 170, SJR 10)κ
constitution of the State of Nevada be amended to read respectively as follows:
Sec. 5. [The State is hereby divided in to Nine Judicial Districts of which the county of Storey shall constitute the First; The county of Ormsby the Second; the county of Lyon the Third; The county of Washoe the Fourth; The counties of Nye and Churchill the Fifth; The county of Humboldt the Sixth; The county of Lander the Seventh; The county of Douglas the Eighth; and the county of Esmeralda the Ninth. The county of Roop shall be attached to the county of Washoe for judicial purposes until otherwise provided by law. The Legislature may, however, provide by law for an alteration in the boundaries or divisions of the Districts herein prescribed, and also for increasing or diminishing the number of the Judicial Districts and Judges therein. But no such change shall take effect, except in case of a vacancy, or the expiration of the term of an incumbent of the Office. At the first general election under this Constitution there shall be elected in each of the respective Districts (except as in this Section hereafter otherwise provided) One District Judge, who shall hold Office from and including the first Monday of December AD. Eighteen hundred and Sixty four and until the first Monday of January in the year Eighteen hundred and Sixty seven. After the said first election, there shall be elected at the General election which immediately precedes the expiration of the term of his predecessor, One District Judge in each of the respective Judicial Districts (except in the First District as in this Section hereinafter provided.) The District Judges shall be elected by the qualified electors of their respective districts, and shall hold office for the term of 6 years (excepting those elected at said first election) from and including the first Monday of January, next succeeding their election and qualification; Provided, that the First Judicial District shall be entitled to, and shall have Three District Judges, who shall possess 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.]
1. The legislature may provide by law for the division of the state into judicial districts and may alter the boundaries of, or the number of judges regularly assigned to, any judicial district, but no judge may be removed from office by any such alteration.
2. The district judges regularly assigned to each judicial district shall be elected by the registered voters of that district for a term of 6 years except as otherwise provided in this subsection. Each term begins on the 1st Monday of January next after the appropriate general election. On or before the 1st Monday of January in 1981, the chief justice of the supreme court shall by lot divide the district judges of each judicial district to which two or more judges are regularly assigned, and the remaining district judges as a group, into three classes as nearly equal in number as may be. The terms of the first and second classes expire on the 1st Monday of January in 1983 and the terms of the third class expire on the 1st Monday of January in 1985.
κ1977 Statutes of Nevada, Page 1779 (FILE NUMBER 170, SJR 10)κ
of January in 1985. The successors of the first class shall be elected at the general election in 1982 for terms expiring on the 1st Monday of January in 1987. If the legislature increases or diminishes the number of district judges regularly assigned to any judicial district, it shall provide an effective date for the alteration such that the number of district judges elected from that district at each general election remains as nearly equal as may be.
3. The judges regularly or temporarily assigned to each judicial district have coextensive and concurrent jurisdiction.
[Sec:] Sec. 15. The Justices of the Supreme Court and District Judges shall each receive for their services a compensation to be fixed by law and paid in the manner provided by law, which shall not be [increased or] diminished during the term for which they shall have been elected, unless a Vacancy occurs, in which case the successor of the former incumbent shall receive only such salary as may be provided by law at the time of his election or appointment; and provision shall be made by law for setting apart from each years revenue a sufficient amount of Money, to pay such compensation. If the legislature increases this compensation, it shall make the increase effective at the same time for all justices or judges, as the case may be.
[Sec:] Sec. 9. The Legislature may, at any time, provide by law for increasing or diminishing the salaries or compensation of any of the Officers, whose salaries or compensation is fixed in this Constitution [; Provided,] , except that no such change of Salary or compensation shall apply to any Officer other than a judicial Officer during the term for which he may have been elected.
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Assembly Joint Resolution No. 34Assemblyman Rhoads
FILE NUMBER 171
ASSEMBLY JOINT RESOLUTIONUrging the President and Congress to reevaluate the importance of completing the Humboldt River and Tributaries Project and to provide money to complete advanced planning studies.
Whereas, The Humboldt River and Tributaries Project was authorized in the Flood Control Act of 1950 (Public Law 81-516, 81st Congress, 2nd Session) to provide flood control and to enhance the opportunities for irrigation along the Humboldt River and its tributaries; and
Whereas, Various technical conditions were not satisfied at the local level and the project was classified as deferred in 1954; and
Whereas, The project was reactivated in 1974 and substantial amounts of money, time and energy were expended by both state and federal authorities to investigate the effects of the project if completed; and
Whereas, The United States Office of Management and Budget removed the necessary funding for the completion of the planning phase of the project from the executive budget for fiscal year 1977-1978 without consulting state or local officials; and
κ1977 Statutes of Nevada, Page 1780 (FILE NUMBER 171, AJR 34)κ
Whereas, The worsening drought cycle which continues to plague the West further illustrates the critical importance of water conservation and storage; 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 urges the President of the United States and the Congress to reevaluate the importance of the Humboldt River and Tributaries Project to the people of Nevada; and be it further
Resolved, That not more than $250,000 be appropriated to complete the final planning stages of the project; and be it further
Resolved, That if the project is approved, all existing water rights be fully honored in accordance with the Humboldt River Adjudication and that any individual rancher or group of ranchers may, upon following a proper procedure, elect:
1. To receive his or their water as it is now being received; or
2. To have all his or their water, or any part of it, stored in reservoirs of the project for future use; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the President of the United States, the Vice President of the United States as presiding officer of the Senate, 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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