[Rev. 2/28/2019 12:38:27 PM]
RESOLUTIONS AND MEMORIALS
κ1979 Statutes of Nevada, Page 1925κ
RESOLUTIONS AND MEMORIALS
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Senate Resolution No. 1Senators Echols, Gibson, Lamb, Wilson and Raggio
FILE NUMBER 1
SENATE RESOLUTIONAdopting Senate Standing Rules for the 60th session of the legislature.
Resolved by the Senate of the State of Nevada, That the Senate Standing Rules as amended by the 59th session are adopted for the 60th session of the legislature with the following amendments and repeal:
1. Senate Standing Rule 3 is hereby amended 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.
4. Unless otherwise ordered by the Senate, transmit at the end of each working day those bills and resolutions upon which the next action is to be taken by the Assembly.
2. Senate Standing Rule 4 is hereby amended to read as follows:
4
Sergeant at Arms.
The Sergeant at Arms shall attend the Senate during its sittings, and execute its commands and all process issued by its authority. He shall be sworn to keep the secrets of the Senate. [He shall receive for every arrest within the Capitol building or grounds, one dollar; within the limits of Carson City and without the Capitol grounds, one dollar and fifty cents; for each days custody and releasement, one dollar; and for traveling expenses of himself or special messenger outside of Carson City, for one way only, twenty-five cents per mile. All fees for arrest of members shall be paid by members arrested, unless excused by the Senate; and when excused, the Sergeant at Arms shall not be allowed fees, except when the arrest was made outside of Carson City, when mileage shall be allowed.]
3. Senate Standing Rule 30 is hereby amended to read as follows:
30
[Ayes and Noes] Recorded Vote — Three Required to Call For.
[The ayes and noes shall] A recorded vote must be taken upon final passage of a bill or joint resolution, and in any other case when called for by three members, and every Senator within the bar of the Senate shall vote [,] aye or no or record himself as not voting, unless excused by unanimous vote of the Senate, and the votes [shall] and names of those absent or recorded as not voting must be entered on the Journal, and the names of Senators demanding the [ayes and noes shall] recorded vote must also be entered on the Journal.
κ1979 Statutes of Nevada, Page 1926 (FILE NUMBER 1, SR 1)κ
Senate shall vote [,] aye or no or record himself as not voting, unless excused by unanimous vote of the Senate, and the votes [shall] and names of those absent or recorded as not voting must be entered on the Journal, and the names of Senators demanding the [ayes and noes shall] recorded vote must also be entered on the Journal.
4. Senate Standing Rule 32 is hereby amended to read as follows:
32
Manner of Election — Voting.
In all cases of election by the Senate the vote shall be taken viva voce [,] . In other cases, if a vote is to be recorded, it may be taken by oral roll-call or by electronic recording, and no Senator or other person [shall] may remain by the Secretarys desk while the roll is being called or the votes are being counted. [No Senator shall be allowed to] When a recorded vote is taken, no Senator may vote except when at his seat, nor upon any question in which he is in any way personally or directly interested, nor [be allowed to] explain his vote or discuss the question while the [ayes and noes are being called,] voting is in progress, nor change his vote after the result is announced, and the announcement of the result of any vote shall not be postponed.
5. Senate Standing Rule 40 is hereby amended to read as follows:
40
Standing Committees.
The standing committees of the Senate and their respective jurisdiction for the reference of bills and resolutions are as follows:
1. Commerce and Labor, seven members, with jurisdiction over measures affecting primarily Titles 52-57, and chapters 489, 703-704A and 707-712 of NRS.
2. 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. 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.
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.
κ1979 Statutes of Nevada, Page 1927 (FILE NUMBER 1, SR 1)κ
6. Judiciary, seven members, with jurisdiction over measures affecting primarily Titles 1-16 and 41 of NRS.
7. Legislative Functions, [seven] six members, with jurisdiction over measures affecting primarily Title 17 of NRS and the operation of the legislative session.
8. Taxation, seven members, with jurisdiction over measures affecting primarily Title 32 of NRS.
9. Transportation, seven members, with jurisdiction over measures affecting primarily Title 44 and chapters 403-406, 408-410, 481-487, 705 and 706 of NRS.
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, 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 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.
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.
κ1979 Statutes of Nevada, Page 1928 (FILE NUMBER 1, SR 1)κ
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] 4 days before 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] Each committee [secretaries] secretary shall file the minutes [within 2 weeks] of each meeting with the Secretary of the Senate [.] within 2 weeks after the meeting.
15. All committee minutes are open to public inspection upon request and during normal business hours.
7. Senate Standing Rule 69 is hereby amended to read as follows:
69
Explanation of Motion.
Whenever a Senator moves to take a bill off general file and return it to the Secretarys desk or to make any other disposition of a bill that has been reported out of committee, he shall describe the subject of the bill, explain the purpose of his motion and state the reasons for his requesting the change in the processing of the bill.
8. Senate Standing Rule 81 is hereby amended to read as follows:
81
Previous Question.
The previous question shall not be put unless demanded by three Senators, and it shall be in this form: Shall the main question be now put? When sustained by a majority of Senators present it shall put an end to all debate and bring the Senate to a vote on the question or questions before it, and all incidental questions arising after the motion was made shall be decided without debate.
κ1979 Statutes of Nevada, Page 1929 (FILE NUMBER 1, SR 1)κ
after the motion was made shall be decided without debate. A person who is speaking on a question shall not while he has the floor move to put that question.
9. Senate Standing Rule 95 is hereby amended to read as follows:
95
Material Placed on Legislators Desks.
All papers, letters, notes, pamphlets and other written material placed upon a Senators desk [shall contain the signature] must contain the name of the legislator requesting the placement of such material on the desk or [shall] contain a designation of the origin of such material. This rule does not apply to books containing the legislative bills and resolutions, the legislative daily histories, the legislative daily journals, or Legislative Counsel Bureau material.
10. Senate Standing Rule 107 is hereby amended to read as follows:
107
Information [to Accompany] Concerning Bills.
Bills introduced [shall] may be accompanied by information relative to witnesses and selected persons of departments and agencies who should be considered for committee hearings on the proposed legislation. At the time of introduction of a bill, a list [shall] may be given to the Secretary of witnesses who are proponents of the measure together with their addresses and telephone numbers. This information [shall] may be provided by:
(a) The Senator introducing the bill;
(b) The person requesting a committee introduction of the bill; or
(c) The chairman of a committee introducing the bill. The Secretary shall deliver this information to the chairman of the committee to which the bill is referred. Members of the committee may suggest additional names for witnesses. The legislator may [accompany the bill with a bill] provide an analysis which may describe the intent, purpose, justification and effects of the bill, or any of them.
11. Senate Standing Rule 128 is hereby repealed and its number reserved for future use.
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Assembly Resolution No. 1Committee on Legislative Functions
FILE NUMBER 2
ASSEMBLY RESOLUTIONAdopting Assembly Standing Rules for the 60th session of the legislature.
Resolved by the Assembly of the State of Nevada, That the Assembly Standing Rules as amended by the 59th session are adopted for the 60th session of the legislature with the amendment of Rule 40 to read as follows:
κ1979 Statutes of Nevada, Page 1930 (FILE NUMBER 2, AR 1)κ
40
Standing Committees.
The standing committees of the Assembly shall be as follows:
1. Ways and Means, eleven members.
2. Judiciary, [nine] eleven members.
3. Taxation, [nine] eleven members.
4. Elections, seven members.
5. Education, [seven] nine members.
6. Legislative Functions, [seven] nine members.
7. Agriculture, [seven] nine members.
8. Labor and Management, [seven] nine members.
9. Transportation, [seven] nine members.
10. Commerce, [nine] eleven members.
11. Environmental and Public Resources, nine members.
12. Health and Welfare, [nine] seven members.
13. Government Affairs, [nine] eleven members.
[There shall be no more than two members of the minority political party on a standing committee.]
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Assembly Resolution No. 2Committee on Legislative Functions
FILE NUMBER 3
ASSEMBLY RESOLUTIONProviding allowances to members of the assembly and chairmen of standing committees for periodicals, stamps, stationery and communications.
Resolved by the Assembly of the State of Nevada, That the sum to be allowed, as provided by law, for each member of the assembly for periodicals, stamps and stationery is $60 and for the use of telephones is $500, and the sum to be allowed, as provided by law, for the chairman of each standing committee of the assembly for postage, telephone tolls and other communication charges is $100; and be it further
Resolved, That these amounts be certified by the speaker and the chief clerk to the state controller, who is authorized to draw his warrants therefor on the legislative fund, and the state treasurer is thereafter authorized to pay these warrants.
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Assembly Resolution No. 3Committee on Legislative Functions
FILE NUMBER 4
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 60th session of the legislature of the State of Nevada: Carol L. Moore, Pauline W. Topken, Amy Lou Phelps, Joan E.
κ1979 Statutes of Nevada, Page 1931 (FILE NUMBER 4, AR 3)κ
Amy Lou Phelps, Joan E. Anderson, Donald Jones, Dennis George, Cheryl Dye, Ward Jesse, David Lowe, Sandi Wolff, Jacquie Belmont, Celine Bruneau, Judith Buck, Marion Burnham, Barbara Carrico, Linda Chandler, Jane Dunne, Janice Fondi, Sandra Gagnier, Ruth Olguin, Anne Peirce, Mary Phillips, Joyce Potts, Carl Ruthstrom, Sandra Shatzman, Anne Williams, Patricia Hatch, Sylvia Mays, Marjorie Robertson, Kelly Torvik, Lavelle Johnson, Sally Dunfield, Juanita Andrews, Patsy Becker, Jeanette Clark, Dorothy Hamernick, Lewis Hardy, Gladys Hart, Martha Laird, William Marks, Laverna Marwin, William McCurdy, Barbara Morrow, Clara Rogers, Louise Schwedland, Mary Walker, Wilfred Wick, Delta Bunker, Shirley McKenzie, Maxine Morrison, Betty Arvans, Marybeth Scoles, Harold Berger, Charles Daniels, Henry Gardner and Richard Speed.
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Assembly Resolution No. 4Committee on Legislative Functions
FILE NUMBER 5
ASSEMBLY RESOLUTIONProviding for the appointment of an additional assembly attache.
Resolved by the Assembly of the State of Nevada, That Sue Lawson is elected as an additional attache of the assembly for the 60th session of the legislature of the State of Nevada.
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Senate Resolution No. 2Senators Echols, Gibson, Lamb, Wilson and Raggio
FILE NUMBER 6
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 60th session of the legislature of the State of Nevada: Vernon Bunker, Carol Chavez, Pamela Crowell, Genevieve Cronin, Anita Forbes, Caroline Freeland, Delsye Frisbie, Sheba Frost, Jean Hanna, Conni Horning, Clare Jones, Bernardine Kimball, Jane King, Cheri Kinsley, Nykki Kinsley, Virginia Letts, Jeff Mangum, Carol Mann, Kay Miller, Jan Peck, Mike Rabe, Lorree Ratto, Frankie Rodrigues, Barbara Ronemus, Brent Skidmore, Lois Smith, Eileen Wyncoop, Sharyna Miley, Betty Kalicki and Derek Rowley.
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κ1979 Statutes of Nevada, Page 1932κ
Senate Resolution No. 3Senators Echols, Gibson, Lamb, Wilson and Raggio
FILE NUMBER 7
SENATE RESOLUTIONProviding allowances to members of the senate and chairmen of standing committees for periodicals, stamps, stationery and communications.
Resolved by the Senate of the State of Nevada, That the sum to be allowed, as provided by law, for each member of the senate for periodicals, stamps and stationery is $60 and for the use of telephones is $500, and the sum to be allowed, as provided by law, for the chairman of each standing committee of the senate for postage, telephone tolls and other communication charges is $100; and be it further
Resolved, That these amounts be certified by the president and the secretary to the state controller, who is authorized to draw his warrants therefor on the legislative fund, and the state treasurer is thereafter authorized to pay these warrants.
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Senate Resolution No. 4Senators Neal, D. Ashworth, K. Ashworth, Blakemore, Close, Dodge, Echols, Faiss, Ford, Gibson, Glaser, Hernstadt, Jacobsen, Kosinski, Lamb, McCorkle, Raggio, Sloan, Wilson and Young
FILE NUMBER 8
SENATE RESOLUTIONCommemorating the birthday of slain civil rights leader, Martin Luther King, Jr.
Whereas, Today would have been the fiftieth birthday of slain civil rights leader Martin Luther King, Jr.; and
Whereas, Martin Luther King, Jr., was a Baptist minister who rose from comparative obscurity to a position of preeminence in the civil rights movement of the 1960s; and
Whereas, In 1964, Dr. King was awarded a Nobel Peace Prize in recognition of his commitment to equality among people of all ethnic backgrounds; and
Whereas, Martin Luther King, Jr.s opposition to blatant political and economic inequities in society continues to serve as one of this nations best examples of success through nonviolent resistance; now, therefore, be it
Resolved by the Senate of the State of Nevada, That January 15, 1979, be regarded as a day of tribute to the memory of Martin Luther King, Jr., who was convinced that violence was self-defeating and believed that all people are created equal.
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κ1979 Statutes of Nevada, Page 1933κ
Assembly Concurrent Resolution No. 2Assemblyman Marvel
FILE NUMBER 9
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the former State Senator Rene W. Lemaire.
Whereas, The legislature notes with profound sorrow the recent death of former State Senator Rene W. Lemaire; and
Whereas, The State of Nevada, in the death of Senator Lemaire, has lost a respected and admired former legislator; and
Whereas, Senator Lemaire was born October 15, 1903, in Battle Mountain, where he was raised and educated; and
Whereas, Senator Lemaire attended the University of Nevada, Reno, where he was a member of Phi Sigma Kappa Fraternity before returning to Battle Mountain to operate one of the first Ford automobile dealerships in the West; and
Whereas, During World War II, Rene Lemaire served his country and his state with distinction as a captain in the Civil Air Patrol where he was a pilot and squadron commander; later, as a member of the Civil Defense Council, he was on the committee on reemployment for the Selective Service System; and
Whereas, Rene Lemaire was elected to the State Senate from Lander County in 1943 and served 23 years — twice as president pro tempore, in 1947 and 1953; and
Whereas, Senator Lemaire was a director emeritus of Nevada National Bank as well as a former director of the Nevada Bank of Commerce; in 1969, Governor Paul Laxalt named him to the Council of Industrial Development; and
Whereas, Senator Lemaire was a member of the F&AM, Battle Mountain Lodge 23, the American Association of Retired Persons, the Battle Mountain Lions Club and the Battle Mountain Volunteer Fire Department; in addition to his service and dedication to his state and community, Senator Lemaire was an accomplished musician and a familiar personality at dances throughout Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of this body extend their sincere condolences to the family of Rene W. Lemaire; 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 Senator Lemaire.
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Senate Resolution No. 5Committee on Legislative Functions
FILE NUMBER 10
SENATE RESOLUTIONProviding for the appointment of an additional senate attache.
Resolved by the Senate of the State of Nevada, That Joseph H. Pritchard, Jr., is elected as an additional attache of the senate for the 60th session of the legislature of the State of Nevada.
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κ1979 Statutes of Nevada, Page 1934κ
Senate Concurrent Resolution No. 6Senator Blakemore
FILE NUMBER 11
SENATE CONCURRENT RESOLUTIONMemorializing the late J. P. (Tim) Whitmore, mayor of Ely.
Whereas, The legislature was shocked and deeply saddened by the recent and untimely death of J. P. Whitmore, mayor of Ely; and
Whereas, Mr. Whitmore, fondly known as Tim by his friends and colleagues, was a native Nevadan, born August 11, 1923, in Elko; and
Whereas, Mr. Whitmore was a dedicated and capable public servant who was appointed mayor of Ely in 1977 and had previously served two 4-year terms as one of Elys city councilmen from 1963 to 1971; and
Whereas, As a member of the army of the United States during World War II, Mr. Whitmore served his country nobly and well; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the legislature extend their sincere condolences to the family of J. P. (Tim) Whitmore; 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. Whitmore.
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Assembly Resolution No. 5Committee on Legislative Functions
FILE NUMBER 12
ASSEMBLY RESOLUTIONProviding for the appointment of an additional assembly attache.
Resolved by the Assembly of the State of Nevada, That Sandra Day is elected as an additional attache of the assembly for the 60th session of the legislature of the State of Nevada.
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Assembly Concurrent Resolution No. 4Assemblymen Bennett, Robinson, Chaney and FitzPatrick
FILE NUMBER 13
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Jim Roberts, steward of the Las Vegas Press Club.
Whereas, The legislature of the State of Nevada has learned with deepest sorrow and regret of the untimely passing of Jim Roberts, the steward of the Las Vegas Press Club; and
Whereas, Mr. Roberts, steward of the club since 1956, was a well-known Las Vegan whose kind manner and gentle disposition made him loved and respected by all who knew him; and
κ1979 Statutes of Nevada, Page 1935 (FILE NUMBER 13, ACR 4)κ
Whereas, The members of the Las Vegas Press Club attributed much of the success of their organization to Mr. Roberts because of his warm and decent character; and
Whereas, Mr. Roberts was affectionately referred to as Gentleman Jim, an appropriate name according to his countless friends who honored him year after year on his birthday and described him as a consummate gentleman; and
Whereas, Mr. Roberts was an honorable and hard working man as well as a devoted husband and father who served as an inspiration to his family and friends; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 60th session of the legislature of the State of Nevada extend their heartfelt sympathy to the family of Jim Roberts, whose death has touched many Nevadans with deepest sorrow; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the surviving family: Louise, Mr. Roberts widow, and their four daughters, Deborah White, Audrey Feliece Young, Loretta Roberts and Armetrice Roberts.
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Senate Joint Resolution No. 10Committee on Government Affairs
FILE NUMBER 14
SENATE JOINT RESOLUTIONCalling upon the Congress of the United States to maintain the friendly relations of this nation with the Republic of China on Taiwan.
Whereas, The Senate of the United States, without a dissenting vote, endorsed section 26 of the International Security Assistance Act of 1978 providing for the continuing recognition of the mutual defense treaty with the Republic of China; and
Whereas, The President of the United States on September 26, 1978, signed this act thus binding our nation to observe its terms in the theater of international relations; and
Whereas, The International Security Assistance Act of 1978, in section 26, incorporates the sense of the entire Congress of the United States that there should be prior consultation between the Congress and the Executive branch on any proposed policy changes affecting the continuation in force of the Mutual Defense Treaty of 1954 incorporating our common obligations with the Republic of China; and
Whereas, The President of the United States on December 15, 1978, ignored the United States Congress and challenged our nations highest legislative body by announcing the termination of that treaty in connection with the recognition of the Peoples Republic of China, effective January 1, 1979; and
Whereas, Such action strikes at the very roots of our republican form of government and represents a challenge by the executive power, directed not only against the Congress of the United States, but toward undermining the separation of powers so vital to the operation and the prerogatives of all of our fifty state legislatures, and nullifies the representation of the several states in the United States Senate; and
κ1979 Statutes of Nevada, Page 1936 (FILE NUMBER 14, SJR 10)κ
of government and represents a challenge by the executive power, directed not only against the Congress of the United States, but toward undermining the separation of powers so vital to the operation and the prerogatives of all of our fifty state legislatures, and nullifies the representation of the several states in the United States Senate; and
Whereas, The Congress of the United States possesses substantial powers to establish and continue economic and trade relations with Taiwan; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the United States Congress explore all avenues toward maintaining in full force and effect the numerous existing treaties and other agreements, and further developing our economic and trade relations with Taiwan; and, through whatever action it deems proper to defend the historic role of the legislative branch in the termination of treaties, relative to the precipitous action taken by the President in unilaterally disregarding his agreement with the Congress; and be it further
Resolved, That the United States recognize Taiwan as a separate nation with all diplomatic and trade relations usually accorded to an independent nation; and be it further
Resolved, That it is the sense of the Nevada legislature that in the event of military aggression by the Peoples Republic of China against the people or the territory of Taiwan the United States:
(a) Terminate all diplomatic and commercial relations with the Peoples Republic of China which now exist or may exist at the moment of aggression;
(b) Provide military assistance to the people of Taiwan on an urgent basis; and
(c) Take any other steps necessary to bring such aggression to an end with expediency, thereby securing a peaceful future for the people of Taiwan; and be it further
Resolved, That until proper recognition can be accorded and the legal questions surrounding the action taken by the President resolved, full diplomatic privileges be granted to representatives of Taiwan in the United States; and be it further
Resolved, That a copy of this resolution be immediately transmitted by the legislative counsel to the President of the United States, 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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κ1979 Statutes of Nevada, Page 1937κ
Assembly Joint Resolution No. 5Assemblymen Glover, Mello, Sena, May, Banner, Barengo, Bedrosian, Bennett, Bergevin, Brady, Bremner, Cavnar, Chaney, Coulter, Craddock, Fielding, FitzPatrick, Getto, Harmon, Hayes, Hickey, Horn, Jeffrey, Malone, Mann, Marvel, Polish, Prengaman, Price, Rhoads, Robinson, Rusk, Stewart, Tanner, Vergiels, Wagner, Webb, Weise, Westall and Dini
FILE NUMBER 15
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, Each Congress considers measures to regulate public retirement systems operated by the states and other governments; and
Whereas, There have been a number of attempts in the Congress to require that public employees, who are now not required to participate in Social Security, be placed involuntarily under that plan; and
Whereas, Several states are providing for retired employees at low cost and with creditable efficiency, and are established on a firm foundation of good management and sound investment practices; and
Whereas, The immense unfunded liability of the Social Security program, the bureaucratic waste and inefficiency, and the high cost to the participant which characterize the Social Security Administration and its programs make them an unattractive alternative for Nevadas public employees; and
Whereas, The Public Employees Retirement System of Nevada is one of the finest in the nation — its unfunded liability has been reduced by over $100 million during the past 4 years and its investment income has increased from $9 million in 1974 to more than $39 million in 1978; and
Whereas, Social Security has historically undertaken to provide greater benefits than its revenues can practically afford; and
Whereas, Any proposal to require Social Security coverage for Nevadas public employees is an attempt to force them to pay for the previously unfunded benefits placed upon Social Security by Congress; and
Whereas, It is inherently unfair, and perhaps even unconstitutional, to require Nevadas solvent retirement system — a system which has zealously guarded against abuses in benefits and struggled to discourage outlandish and expensive proposals — to contribute or participate in any way with the insolvent federal Social Security system which is fraught with mismanagement and abuse; and
Whereas, The Federal Government must recognize that it has no mandate from the people to regulate where regulation is not needed, or to force parts of the population who are providing security for themselves to undertake the burden of supporting an expensive, cumbersome and insecure system such as Social Security; 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 which 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 which would require enrollment of public employees under Social Security or place any investment restrictions on public retirement systems in Nevada; and be it further
κ1979 Statutes of Nevada, Page 1938 (FILE NUMBER 15, AJR 5)κ
legislation which would require 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, the Vice President as presiding officer of the Senate, to every member of the United States Senate and House of Representatives and to the chairman of the Universal Social Security Study Committee of the Department of Health, Education and Welfare; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Senate Concurrent Resolution No. 8Senators Raggio, Dodge, Young, Jacobsen and McCorkle
FILE NUMBER 16
SENATE CONCURRENT RESOLUTIONMemorializing the late Nelson A. Rockefeller, forty-first Vice President of the United States.
Whereas, The heart of every member of this body is deeply saddened by the shocking and untimely death of Nelson A. Rockefeller, forty-first Vice President of the United States; and
Whereas, The passing of Mr. Rockefeller snatches from the nations midst one of its most prominent and devoted statesmen; and
Whereas, The second son of John Davison Rockefeller, Jr., and the late Abby Greene (Aldrich) Rockefeller, Nelson Aldrich Rockefeller was born July 8, 1908, in Bar Harbor, Maine; his paternal grandfather was John D. Rockefeller, Sr., who founded the Standard Oil Company and his maternal grandfather was United States Senator Nelson W. Aldrich of Rhode Island; and
Whereas, Mr. Rockefeller received his preparatory education at Lincoln School of the Teachers College of Columbia University from 1917 to 1926 and was graduated cum laude from Dartmouth College in 1930 — elected in his senior year to Phi Beta Kappa; and
Whereas, Even though Nelson Rockefeller was one the worlds wealthiest men who was born into class and privilege he accepted his position with a sense of obligation to his state and nation — he served numerous presidential administrations in several capacities, most notably as Vice President during the Ford administration, as well as being elected to four terms as Governor of the State of New York; and
Whereas, Mr. Rockefeller was able to blend successfully his dedication to public service with a love for art which was a significant part of his life — he was a trustee of New York Citys Museum of Modern Art, which his mother helped found in 1929, and he founded the Museum of Primitive Art in 1954; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of this body express this day our sincere condolences to the family of one of this nations most able and admired statesmen; and be it further
κ1979 Statutes of Nevada, Page 1939 (FILE NUMBER 16, SCR 8)κ
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to his widow for the surviving members of Mr. Rockefellers family.
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Assembly Concurrent Resolution No. 5Committee on Legislative Functions
FILE NUMBER 17
ASSEMBLY CONCURRENT RESOLUTIONCommemorating Nevada Boy Scout Day, February 5, 1979.
Whereas, On February 8, 1910, following a visit to England where he met Sir Robert Baden-Powell, founder of the Scouting movement, William D. Boyce, a Chicago publisher, founded the Boy Scouts of America; and
Whereas, The Boy Scouts of America have designated February 5, 1979, as Boy Scout Day in commemoration of the 69th anniversary of the founding of the Boy Scouts of America; and
Whereas, On this day, February 5, 1979, representative Boy Scouts are visiting the offices of all branches of government of the State of Nevada; and
Whereas, The Scouting movement in America has long infused in the souls of young men the high ideals and principles of integrity and good character inherent in the Boy Scout Law; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That February 5, 1979, 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 state government; and be it further
Resolved, That copies of this resolution be transmitted by the legislative counsel to the Nevada Area Council and the Boulder Dam Area Council of the Boy Scouts of America.
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Senate Concurrent Resolution No. 7Senator Glaser
FILE NUMBER 18
SENATE CONCURRENT RESOLUTIONCommending the attorney general of the State of Nevada for bringing suit to enforce the promises made by the United States Fish and Wildlife Service respecting the management of the Ruby Lake Wildlife Refuge.
Whereas, Ruby Lake Wildlife Refuse is a scarce recreational resource for boating and fishing in arid northeastern Nevada; and
Whereas, Ruby Lake Wildlife Refuge has an important relationship to the economy of the communities in northeastern Nevada; and
κ1979 Statutes of Nevada, Page 1940 (FILE NUMBER 18, SCR 7)κ
Whereas, The Fish and Wildlife Service of the United States Department of the Interior now proposes to adopt stringent boating regulations for Ruby Lake Wildlife Refuge which will severely curtail the use of the refuge by Nevada sportsmen; and
Whereas, Before acquisition of the remaining portion of Ruby Marsh then in private hands, the Fish and Wildlife Service recognized the importance of Ruby Lake Wildlife Refuge as a recreational resource in northeastern Nevada, and promised in writing that, after the additional land and lake bottom were acquired, Ruby Lake Wildlife Refuge would continue to be managed and operated on a multiple-use basis as it had been in the past; and
Whereas, On the basis of this promise the local government of White Pine County and the State of Nevada gave their consent to the acquisition; and
Whereas, The Fish and Wildlife Service now undertakes to impose its bureaucratic will not only upon those citizens whose consent is required for it to govern, but upon the citizens whose consent was required for it to enclose the whole of Ruby Marsh under its management, the very citizens whose consent was given in good faith, based on the Services promises as to future management; and
Whereas, It now appears that the good faith and readiness to believe in those promises by the citizens of White Pine County and the State of Nevada were exceeded only by the mendacity of the Fish and Wildlife Service; and
Whereas, It is past time to plead with these perfidious absentee landlords on the Potomac to live up to their promises; and
Whereas, The attorney general of this state has brought suit to enforce those promises; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature hereby commends the attorney general of the State of Nevada for bringing suit to enforce the promises of the Fish and Wildlife Service of the United States Department of the Interior and urges vigorous prosecution of the suit; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the attorney general of the State of Nevada.
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Senate Concurrent Resolution No. 9Senators Raggio, Kosinski, McCorkle, Wilson and Young
FILE NUMBER 19
SENATE CONCURRENT RESOLUTIONMemorializing former Assemblyman John E. (Gene) Sweatt.
Whereas, The members of this legislature were deeply saddened by the recent death of John E. (Gene) Sweatt, 84; and
Whereas, Mr. Sweatt had lived in Nevada since 1910 and had served in the Nevada Assembly from 1937 to 1939; and
Whereas, Mr. Sweatt was a lively and colorful personality in the Assembly as exemplified in 1937 when he donned a fake beard and argued on the Assembly floor as an old fogey against passage of a state lottery; and
κ1979 Statutes of Nevada, Page 1941 (FILE NUMBER 19, SCR 9)κ
Assembly as exemplified in 1937 when he donned a fake beard and argued on the Assembly floor as an old fogey against passage of a state lottery; and
Whereas, Mr. Sweatt was a humanitarian who was deeply interested and involved in community and state affairs — in addition to serving as chairman of the Washoe County Democratic Party during 1944 and 1945, he was president of the Reno Board of Realtors, Reno Kiwanis Club and Reno Toastmasters Club and was a member of the Wadsworth Lodge 25, F&AM, the Order of the Eastern Star and was a moderator at the First Baptist Church; and
Whereas, For many years Mr. Sweatt distinguished himself in the Boy Scouts, serving as scout master and honor court judge and was the recipient of the Silver Beaver Award; and
Whereas, Mr. Sweatt was dedicated to community service — he organized and was the first president of the Nevada Association for the United Nations which brought internationally known speakers such as Eleanor Roosevelt and Clark Eichelberger to Reno; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 60th session of the legislature of the State of Nevada extend their heartfelt sympathy to the family of former Assemblyman John E. (Gene) Sweatt; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to Mr. Sweatts two sons, Harold of Boise, Idaho, and John and a daughter, Eleanor Buck, both of Reno.
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Assembly Joint Resolution No. 21 of the 59th SessionAssemblymen Hickey, Westall, May, Price and Dreyer
FILE NUMBER 20
[To go on 1980 general election ballot]
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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κ1979 Statutes of Nevada, Page 1942κ
Assembly Resolution No. 7Assemblymen Weise and Wagner
FILE NUMBER 21
ASSEMBLY RESOLUTIONMemorializing the late Marvel Guisti, educator and humanitarian.
Whereas, The people of the State of Nevada suffered an irreparable loss by the recent passing of one of their most beloved fellow citizens, Marvel Guisti; and
Whereas, Mrs. Guisti was born in Smith, Nevada, and was graduated from Reno High School and the University of Nevada, Reno, where in 1933, she received a degree in education; and
Whereas, A solid upbringing in Nevada and enriching educational experiences in this states preparatory schools and university helped to create in Mrs. Guisti a true Nevada spirit who spent most of her adult life in unselfish service to her fellow citizens in a myriad of ways; and
Whereas, Mrs. Guisti had worked for many years as a teacher, counselor and coordinator of scholarship programs in public schools in the Reno area; and
Whereas, In 1975, the Earl Wooster Scholarship Foundation established a scholarship in honor of Mrs. Guisti, who had worked as a counselor at Earl Wooster High School for 22 years; and
Whereas, Mrs. Guisti was vitally interested in the arts, and served on the Sierra Arts Foundation and the Reno Community Concert Association; additionally, she was one of the persons who helped bring concerts back to the historic Pipers Opera House in Virginia City; and
Whereas, Politics also drew Mrs. Guistis interest — she helped found the Womens Republican Club in Reno and became its president, served as a delegate in county and state Republican conventions and led a committee to reregister Washoe County voters; and
Whereas, Mrs. Guistis determination to promote community relationships is further exemplified by her association with the Teenagers Opportunity Program in Reno and as a judge for the Miss Nevada Pageant; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of this body extend their heartfelt sympathy to the family of Marvel Guisti; and be it further
Resolved, That when this body adjourns today it do so in the memory of Marvel Guisti, a Nevadan to be proud of; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Mrs. Guistis husband, Marshall, and their children.
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κ1979 Statutes of Nevada, Page 1943κ
Assembly Resolution No. 8Assemblymen May, Chaney, Harmon, Bennett, Mann, Hickey, Horn, Sena, Fielding, FitzPatrick, Brady, Barengo, Wagner, Stewart, Tanner, Bedrosian, Cavnar, Mello, Malone, Rusk, Marvel, Bergevin, Polish, Banner, Coulter, Weise, Glover, Hayes, Craddock, Prengaman, Getto, Vergiels, Robinson, Bremner, Price, Dini, Jeffrey, Webb, Westall and Rhoads
FILE NUMBER 22
ASSEMBLY RESOLUTIONMemorializing the late W. W. Woody Cole, Las Vegas constable.
Whereas, The members of this body sadly note the recent death of W. W. Woody Cole, Las Vegas constable; and
Whereas, Woody Cole was one of Las Vegas most colorful personalities, he was 6′6″ in height and characteristically wore western clothes and cowboy boots and often had a six-shooter strapped to his hip; and
Whereas, Mr. Cole had served as constable of Las Vegas Township from 1944 until his death except for two terms — in the 19491950 election he was defeated by a Republican and in the 195556 election he made an unsuccessful bid for Sheriff of Clark County; and
Whereas, A native of Madisonville, Tennessee, Mr. Cole moved to Nevada in 1942 to work at Basic Magnesium during World War II, he also served with the Las Vegas Police Department that same year and was a deputy sheriff in 1943 and 1944 before seeking the constables position; and
Whereas, Mr. Cole was the charter president of the Nevada Constables Association and was active in many community organizations and sports groups; 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 W. W. Woody Cole; 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. Cole.
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Senate Concurrent Resolution No. 10Committee on Government Affairs
FILE NUMBER 23
SENATE CONCURRENT RESOLUTIONAuthorizing expenditure from the legislative fund for travel expenses of Herbert L. Thorndall in connection with appearance before committees of the legislature.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That expenditure of money from the legislative fund, in an amount not to exceed $400, is hereby authorized to pay the travel expenses of Herbert L. Thorndall, president of the Bank of North Dakota, in connection with an appearance before committees of the 60th session of the Nevada legislature.
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κ1979 Statutes of Nevada, Page 1944κ
Assembly Resolution No. 9Assemblymen Mann, Sena, Hayes, Harmon, Horn, Hickey, Bergevin, Marvel, Polish, Price, Westall, Mello, Dini, Weise, Chaney, Bennett, Wagner, Cavnar, Jeffrey, Stewart, Brady, Bedrosian, FitzPatrick, Rhoads, Prengaman, Fielding, Craddock, Webb, Malone, Rusk, Bremner, Robinson, Getto and May
FILE NUMBER 24
ASSEMBLY RESOLUTIONCommending Dr. Kenny C. Guinn for his services to education in Clark County.
Whereas, Dr. Kenny C. Guinn has served the people of Clark County with distinction and honor in various positions of public trust since 1964; and
Whereas, In 1967, after serving 2 years as Clark County school planning coordinator, Kenny Guinn was appointed associate superintendent for school facilities; and
Whereas, While on leave to study for the degree of doctor of education at Utah State University in Logan, Kenny Guinn was appointed superintendent of schools of Clark County and served in that position from June 1969 to June of 1978; and
Whereas, In that time Dr. Guinn administered the largest school district in Nevada with superior ability and dedication, and produced one of the finest educational institutions in the Western United States; and
Whereas, Dr. Guinns activities in support of Nevada Easter Seals, the March of Dimes, the Boy Scouts of America in Clark County, the United Way, the Henderson Rotary Club, Pop Warner football and the Southern Nevada Independent Youth Athletic Association, together with his achievements as Superintendent of Schools, brought him recognition by the Junior Chamber of Commerce, who elected him its Man of the Year, and by the American Society for Public Administration, who named him Public Administrator of the Year in Las Vegas for 1974; and
Whereas, Dr. Guinn justly deserves the recognition and commendation of all 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 60th session of the legislature commend Dr. Kenny C. Guinn for his many years of public service and particularly for his outstanding achievements during his tenure as superintendent of schools of the Clark County school district and extend to him the gratitude of the assembly and the people of the State of Nevada; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Dr. Kenny C. Guinn.
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κ1979 Statutes of Nevada, Page 1945κ
Assembly Concurrent Resolution No. 11Assemblymen May, Banner, Barengo, Bedrosian, Bennett, Bergevin, Brady, Bremner, Cavnar, Chaney, Coulter, Craddock, Dini, Fielding, FitzPatrick, Getto, Glover, Harmon, Hayes, Hickey, Horn, Jeffrey, Malone, Mann, Marvel, Mello, Polish, Prengaman, Price, Rhoads, Robinson, Rusk, Sena, Stewart, Tanner, Vergiels, Wagner, Webb, Weise and Westall
FILE NUMBER 25
ASSEMBLY CONCURRENT RESOLUTIONDesignating February 14, 1979, as Nevada Alliance for the Arts Day.
Whereas, The quality of life for all Nevadans has been enhanced by the dedicated and enthusiastic efforts of those who compose the Nevada Alliance for the Arts; and
Whereas, These determined citizens have worked countless hours in an effort to bring the performing and visual arts to all Nevadans; and
Whereas, It is with heartfelt thanks and sincere gratitude that the members of this body recognize the achievements and importance of the Nevada Alliance for the Arts; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 60th session of the Nevada legislature honor those representatives of the Nevada Alliance for the Arts who are present and commend the efforts of their organization on this day which is designated as the Legislative Day for the Arts when it is asked that we Give our hearts to the Arts.
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Senate Joint Resolution No. 10of the 59th SessionSenators Gibson, Dodge, Close, Faiss, Glaser, Young, Bryan, Foote, Schofield, Raggio, Hilbrecht, Ashworth and Lamb
FILE NUMBER 26
[To go on 1980 general election ballot]
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:
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.
κ1979 Statutes of Nevada, Page 1946 (FILE NUMBER 26, SJR 10-of the 59th Session)κ
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. 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.
κ1979 Statutes of Nevada, Page 1947 (FILE NUMBER 26, SJR 10-of the 59th Session)κ
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 Concurrent Resolution No. 10Committee on Ways and Means
FILE NUMBER 27
ASSEMBLY CONCURRENT RESOLUTIONAuthorizing expenditure from the legislative fund to pay certain travel allowances of the members and the staff of standing committees, special committees and subcommittees of the legislature during the 60th session of the legislature.
Resolved by the Assembly of the State of Nevada, the Senate concurring, That expenditure of money from the legislative fund is hereby authorized to pay:
1. The travel allowances provided by law for the members of standing committees, special committees and subcommittees of the legislature; and
2. The travel allowances and per diem expense allowances of employees of the legislature assigned to special committees or subcommittees of the legislature,
for travel to and from hearings or meetings of the committees during the 60th session of the legislature when the majority leader of the senate for a committee of the senate or the speaker of the assembly for a committee of the assembly approves the travel.
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Senate Concurrent Resolution No. 12Senators Close, Don Ashworth, Keith Ashworth, Blakemore, Dodge, Echols, Faiss, Ford, Gibson, Glaser, Hernstadt, Jacobsen, Kosinski, Lamb, McCorkle, Neal, Raggio, Sloan, Wilson and Young
FILE NUMBER 28
SENATE CONCURRENT RESOLUTIONCommending Kiwanis International and designating Kiwanis Club Day to be February 15, 1979.
Whereas, More than 300,000 men around the world proudly belong to Kiwanis International, a worldwide service organization; and
Whereas, Kiwanis International was organized in 1915 and selected for its name an Indian word meaning self-expression or to make oneself known; and
κ1979 Statutes of Nevada, Page 1948 (FILE NUMBER 28, SCR 12)κ
for its name an Indian word meaning self-expression or to make oneself known; and
Whereas, The heart of Kiwanis, the club itself, is composed of men in a variety of occupations who represent the active forces of the community; and
Whereas, The purpose of Kiwanis International is to promote high social, business and professional standards and to foster intelligent, aggressive citizenship with an emphasis on public service; and
Whereas, 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, Kiwanis International has a long history of service to the community, concern for the disadvantaged, and friendship for people of other nations; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That Kiwanis International be commended for its unselfish contributions to the people of Nevada; and be it further
Resolved, That February 15, 1979, be declared to be Kiwanis Club Day; and be it further
Resolved, That copies of this resolution be transmitted by the legislative counsel to the lieutenant governors of the three divisions of Kiwanis in Nevada.
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Assembly Resolution No. 10Assemblyman Dini
FILE NUMBER 29
ASSEMBLY RESOLUTIONMemorializing former Assemblyman Michael R. Nevin.
Whereas, This body has learned of the death of Michael R. Nevin, former assemblyman from Storey County; and
Whereas, Mr. Nevin was a member of the assembly from 1955 to 1957 and was elected chairman of the Storey County Democratic Central Committee in 1958; and
Whereas, Michael Nevin was a native of Virginia City and attended Virginia Citys Fourth Ward School; and
Whereas, Mr. Nevin served his country during World War II in the Far East and was a member of Veterans of Foreign Wars; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of this body hereby extend their sincere sympathies to the surviving family of Michael R. Nevin; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Norma, Mr. Nevins widow, and their sons.
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κ1979 Statutes of Nevada, Page 1949κ
Assembly Concurrent Resolution No. 12Assemblyman Dini
FILE NUMBER 30
ASSEMBLY CONCURRENT RESOLUTIONMemorializing former legislator Donald C. McGuirk.
Whereas, The legislature has learned with deepest sorrow and regret of the death of the respected former legislator, Donald C. McGuirk; and
Whereas, This esteemed legislator was first elected to the assembly from Storey County in 1941 and later elected to the state senate in 1947; and
Whereas, Mr. McGuirk was a prominent businessman in Virginia City; he and his family operated The Castle, a restored mansion; and
Whereas, In addition to serving his constituency ably and well during his public service in the legislature, Mr. McGuirk was civic-minded; he was a member of the Sons of Erin and the Elks Club, Reno Lodge No. 597; and
Whereas, During World War II Mr. McGuirk served his country nobly in the U.S. Merchant Marine; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of this body extend their heartfelt condolences to the surviving family of Mr. McGuirk; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Doris Hansen, Mr. McGuirks sister, and his nephew, both of Virginia City.
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Assembly Joint Resolution No. 23 of the 59th SessionAssemblymen Goodman, Robinson, Craddock, May, Bennett, Horn, Wagner, Coulter, Barengo, Glover, Sena and Polish
FILE NUMBER 31
[To go on 1980 general election ballot]
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.
κ1979 Statutes of Nevada, Page 1950 (FILE NUMBER 31, AJR 23 of the 59th Session)κ
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.
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Assembly Joint Resolution No. 11Assemblymen Rhoads, Polish and Marvel
FILE NUMBER 32
ASSEMBLY JOINT RESOLUTIONRequesting the United States Fish and Wildlife Service and the Congress of the United States to return the portion of Ruby Lake in White Pine County to the jurisdiction of the State of Nevada.
Whereas, At the time when the United States Fish and Wildlife Service requested the consent of the people of the State of Nevada to the acquisition and use of the portion of Ruby Lake in White Pine County as a refuge under the Migratory Bird Conservation Act (16 U.S.C. §§ 715715r), the service represented to the people of the State of Nevada that one of the purposes of the acquisition was to provide them with an area for fishing, hunting and other recreation; and
Whereas, The State of Nevada and White Pine County gave their consent in reliance upon that representation of purpose; and
Whereas, Subsection 5 of NRS 328.201 provides that the consent of the State of Nevada continues only so long as Ruby Lake is used for the purposes for which it was acquired; and
Whereas, The United States Fish and Wildlife Service has violated its representation to the State of Nevada by substantially impairing the recreational use of Ruby Lake; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the consent of the State of Nevada to the acquisition and use of the portion of Ruby Lake in White Pine County as a refuge for migratory waterfowl is hereby revoked, and the United States Fish and Wildlife Service and the Congress of the United States of America are hereby requested forthwith to terminate the status of the portion of Ruby Lake in White Pine County as such a refuge and to transfer the management of that area to the Nevada department of fish and game; and be it further
Resolved, That copies of this resolution be transmitted by the legislative counsel to the Secretary of the Interior, to the Vice President of the United States as presiding officer of the Senate, to the Speaker of the House of Representatives and to each member of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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κ1979 Statutes of Nevada, Page 1951κ
Senate Resolution No. 6Committee on Legislative Functions
FILE NUMBER 33
SENATE RESOLUTIONProviding for the appointment of additional senate attaches.
Resolved by the Senate of the State of Nevada, That E. Jean Van Nuys and Scott Anderson are elected as additional attaches of the senate for the 60th session of the legislature of the State of Nevada.
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Assembly Resolution No. 13Committee on Legislative Functions
FILE NUMBER 34
ASSEMBLY RESOLUTIONProviding for the appointment of an additional assembly attache
Resolved by the Assembly of the State of Nevada, That Linda Corbett is elected as an additional attache of the assembly for the 60th session of the legislature of the State of Nevada.
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Assembly Concurrent Resolution No. 17Committee on Legislative Functions
FILE NUMBER 35
ASSEMBLY CONCURRENT RESOLUTIONExpressing the mutual consent of the Assembly and Senate to an adjournment from Thursday, March 15, to Tuesday, March 20, 1979.
Resolved by the Assembly of the State of Nevada, The Senate concurring, That each house hereby consents to the adjournment of the other, upon the conclusion of its legislative business for March 15, until its normal convening hour on Tuesday, March 20, 1979.
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Assembly Resolution No. 14Assemblyman Polish
FILE NUMBER 36
ASSEMBLY RESOLUTIONMemorializing the former Assemblyman Helmer O. Hall.
Whereas, This body notes with sorrow the death of Helmer O. Ham Hall, former assemblyman; and
Whereas, Mr. Hall served with distinction his state and his constituents in White Pine County as an assemblyman during the 1943 and 1945 session; and
κ1979 Statutes of Nevada, Page 1952 (FILE NUMBER 36, AR 14)κ
Whereas, Mr. Hall was an active and enthusiastic participant in his community as evidenced by his membership on the East Ely local school board and the Elks Lodge; and
Whereas, Mr. Hall also made commendable efforts to contribute to the growth and development of White Pine County as demonstrated by his activities as a contractor and builder; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of this body extend their sympathy to the family of former Assemblyman Helmer O. Ham Hall; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Ann, Mr. Halls widow, and their two children, Beatrice and Kenneth.
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Assembly Concurrent Resolution No. 20Assemblymen May, Mello, Barengo, Harmon, Vergiels, Weise, Getto, Dini, Westall, Cavnar, Rusk, FitzPatrick, Banner, Bennett, Chaney, Bedrosian, Fielding, Price, Bergevin, Hayes, Robinson, Brady, Wagner, Jeffrey, Malone, Bremner, Sena, Coulter, Hickey, Marvel, Craddock, Prengaman, Glover, Horn, Rhoads, Webb, Mann, Polish, Stewart and Tanner
FILE NUMBER 37
ASSEMBLY CONCURRENT RESOLUTIONCommemorating the late William F. Harrah and his automobile collection.
Whereas, William Fisk Harrah developed a dream into a reality when, in 1962, he opened to the public a unique display of antique, vintage and classic automobiles; and
Whereas, Mr. Harrahs collection, which consists of more than 1,400 vehicles and is acknowledged as the largest collection in the world, started in 1948 when Mr. Harrah acquired a 1911 Maxwell AB two-cylinder Runabout; and
Whereas, With a combination of careful planning and hard work Mr. Harrah built his collection from its rather humble beginning, first housed in a modest four-car garage, to a complex of exhibition buildings, restoration facilities and the largest automobile research library in the world; and
Whereas, The objective of the restoration of each automobile in Mr. Harrahs collection is to return each car to original specifications — not only the exterior appearance but the engine and moving parts as well; and
Whereas, Harrahs collection is indicative of the growth, progress and prosperity of Nevada and serves as an example of the gaming industrys contribution to the historic preservation, education and culture of Nevadans as well as people all over the world; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 60th session of the legislature of the State of Nevada hereby extend their heartfelt thanks in memory of William Harrah whose imagination, foresight and dedication have left a rich legacy that generations of Nevadans will inherit and enjoy; and be it further
κ1979 Statutes of Nevada, Page 1953 (FILE NUMBER 37, ACR 20)κ
rich legacy that generations of Nevadans will inherit and enjoy; and be it further
Resolved, That the members of this body offer their deepest condolences to the surviving family and friends of Mr. Harrah, a man who was truly one of Nevadas grandest citizens; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Verna, Mr. Harrahs widow, and his two sons, John and Tony, as well as to the open house at Harrahs automobile collection on March 9, 1979.
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Assembly Joint Resolution No. 26 of the 59th SessionCommittee on Government Affairs
FILE NUMBER 38
[To go on 1980 general election ballot]
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 land warrants to cover the aforesaid lands, and for the investment of all proceeds derived from any of the above-mentioned sources; [, in United States bonds, or the bonds of this state, or the bonds of other states of the union, or the bonds of any county in the State of Nevada; or in loans at a rate of interest of not less than six percent per annum, secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title and free from all encumbrances, said loans to be under such further restrictions and regulations as may be provided by law;] provided, that the interest only of the aforesaid proceeds shall be used for educational purposes, and any surplus interest shall be added to the principal sum; and provided further, that such portion of said interest as may be necessary may be appropriated for the support of the state university.
κ1979 Statutes of Nevada, Page 1954 (FILE NUMBER 38, AJR 26 of the 59th Session)κ
bonds of any county in the State of Nevada; or in loans at a rate of interest of not less than six percent per annum, secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title and free from all encumbrances, said loans to be under such further restrictions and regulations as may be provided by law;] provided, that the interest only of the aforesaid proceeds shall be used for educational purposes, and any surplus interest shall be added to the principal sum; and provided further, that such portion of said interest as may be necessary may be appropriated for the support of the state university.
________
Senate Joint Resolution No. 8Senators Gibson, Close, Echols, Dodge, Blakemore, Lamb, Keith Ashworth, Glaser, Jacobsen, Raggio, Don Ashworth, Young, Sloan, Hernstadt, Wilson, McCorkle, Neal and Faiss
FILE NUMBER 39
SENATE JOINT RESOLUTIONRequesting the Congress of the United States to call a convention limited to proposing an amendment to the Constitution of the United States which would require a balanced budget in the absence of a national emergency.
Whereas, Proper economic planning, fiscal prudence and common sense require that the federal budget include all federal spending and be in balance; and
Whereas, The annual federal budgets continually reflect the unwillingness or inability of the legislative and executive branches of the Federal Government to balance the budget; and
Whereas, The national debt now amounts to hundreds of billions of dollars and is increasing enormously each year as federal expenditures exceed federal revenues; and
Whereas, The inflation and other results of the fiscal irresponsibility of the Federal Government demonstrate the need for a constitutional restraint upon excessive spending; and
Whereas, Article V of the Constitution of the United States provides that on the application of the legislatures of two-thirds of the states, Congress shall call a convention for proposing amendments to the Constitution; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That this legislature requests the Congress of the United States to call a convention limited to proposing an amendment to the Constitution of the United States which would provide that, in the absence of a national emergency, the total of all federal appropriations for any fiscal year must not exceed the total of the estimated federal revenue for that year; and be it further
Resolved, That this legislature conditions this request upon the Congress of the United States establishing appropriate restrictions limiting the subject matter of a convention called pursuant to this resolution to the subject matter of this resolution, and if the Congress fails to establish such restrictions, this resolution has no effect and must be considered a nullity; and be it further
κ1979 Statutes of Nevada, Page 1955 (FILE NUMBER 39, SJR 8)κ
the subject matter of this resolution, and if the Congress fails to establish such restrictions, this resolution has no effect and must be considered a nullity; and be it further
Resolved, That a copy of this resolution be immediately transmitted by the legislative counsel to the Vice President of the United States as 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.
________
Assembly Joint Resolution No. 20Assemblymen Chaney, Bennett, Hickey, Mann, Hayes, Harmon, Dini, Horn, Price, Webb, Malone, Rusk, Marvel, Bergevin, Weise, Wagner, Westall, Glover, Sena, Fielding, Craddock, Stewart, Brady, FitzPatrick, Prengaman, May, Cavnar, Tanner, Banner, Polish, Robinson, Getto, Mello, Barengo, Jeffrey, Rhoads, Bedrosian, Vergiels, Bremner and Coulter
FILE NUMBER 40
ASSEMBLY JOINT RESOLUTIONUrging the Congress and the President of the United States to exempt Nevada and the surrounding area from any requirement that gasoline stations be closed on weekends.
Whereas, The problems of increasing costs of energy and shortages of resources of energy affecting our nation require the conservation of those resources; and
Whereas, There is a likelihood of greater shortages in resources of energy because of the recent stoppage of oil production in Iran; and
Whereas, A proposal for mandatory closing of gasoline stations across the nation on weekends is receiving increased attention; and
Whereas, Nevada is uniquely dependent on tourism, its main industry, and tourism in this state would be severely hampered by a mandatory shutdown of gasoline stations each weekend; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That Congress and the President of the United States exempt the State of Nevada and locales within 100 miles of its borders from any requirement that gasoline stations be closed on weekends; 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 Secretary of Energy and to the members of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
κ1979 Statutes of Nevada, Page 1956κ
Assembly Resolution No. 15Committee on Legislative Functions
FILE NUMBER 41
ASSEMBLY RESOLUTIONProviding for the appointment of an additional assembly attache.
Resolved by the Assembly of the State of Nevada, That Marilyn A. Hines is elected as an additional attache of the assembly for the 60th session of the legislature of the State of Nevada.
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Assembly Concurrent Resolution No. 1Assemblymen Horn and Vergiels
FILE NUMBER 42
ASSEMBLY CONCURRENT RESOLUTIONRequesting that school districts gather and analyze information on use of time within the school day by high school seniors.
Whereas, There is evidence that many high school pupils in the State of Nevada, particularly those in their senior year, are taking less than a full course load; and
Whereas, It appears that these pupils are using the additional time in a variety of ways, some of which result in less than full utilization of the pupils talents; and
Whereas, Even with respect to classes in which pupils are enrolled, participation in extracurricular activities frequently leads to an excessive number of absences; and
Whereas, The overall achievement of pupils may be affected by the practices of permitting pupils to carry less than a full load and of scheduling extracurricular activities in a manner leading to frequent absences from class; and
Whereas, Detailed information on pupils use of time within the school day is not currently available for all Nevada school districts; and
Whereas, Such information on a statewide basis, at least as to high school seniors, would be helpful to the legislature and the state department of education in their efforts to evaluate and improve the achievement of pupils in the state; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the board of trustees of each school district in the State of Nevada is requested to gather and analyze information specifically accounting for the use of time within the school day by pupils in the senior year of high school, including times when the pupils are not scheduled for class and times when they are absent from class on account of extracurricular activities; and be it further
Resolved, That the information gathered, along with the districts analysis and conclusions, be submitted to the state board of education; and be it further
Resolved, That the state board of education compile the information and prepare and submit to the 61st session of the legislature a comprehensive report on the use of time within the school day by high school seniors in Nevada; and be it further
κ1979 Statutes of Nevada, Page 1957 (FILE NUMBER 42, ACR 1)κ
and prepare and submit to the 61st session of the legislature a comprehensive report on the use of time within the school day by high school seniors in Nevada; and be it further
Resolved, That a copy of this resolution be prepared and transmitted by the legislative counsel to the president of the board of trustees of each school district in the state and to the superintendent of public instruction.
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Senate Resolution No. 8Committee 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 Janet Brosterhous is elected as an additional attache of the senate for the 60th session of the legislature of the State of Nevada.
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Senate Concurrent Resolution No. 21Senators Wilson, Keith Ashworth, Blakemore, Close, Echols, Faiss, Glaser, Hernstadt, Jacobsen, Kosinski, Neal and Raggio
FILE NUMBER 44
SENATE CONCURRENT RESOLUTIONCongratulating the Air Force Academy on its 25th anniversary.
Whereas, April 1, 1979, will mark the 25th anniversary of the signing by President Dwight D. Eisenhower of legislation creating the U.S. Air Force Academy at Colorado Springs, Colorado; and
Whereas, Since the first class was graduated in June 1959, some 12,000 Air Force Academy graduates have entered the service of this country; and
Whereas, The record achieved by the academy and its graduates over the past 25 years has been enviable and impressive and includes 20 Rhodes scholars, a figure exceeded by only five universities in the same period; 44 Guggenheim fellows and 144 All-American athletes, representing virtually every intercollegiate sport; and
Whereas, Academy graduates have distinguished themselves in the service of their country with 112 killed in action, 31 who became prisoners of war, 15 still missing in action, two who became fighter aces, four who became astronauts, one who received the Medal of Honor and 15 who won the Air Force Cross; and
Whereas, The strength of the United States depends on many things but most certainly on the strength of our arms and the men and women who lead our military services; and
κ1979 Statutes of Nevada, Page 1958 (FILE NUMBER 44, SCR 21)κ
Whereas, The freedom of this nation and our free world allies depends in large part on the ability of our strategic forces to strike an enemy anywhere in the world; and
Whereas, The extent of our ability and willingness to protect ourselves and others from the forces of aggression depends upon the dedication and training of our military leadership; and
Whereas, Throughout our history the backbone of our military leadership has come from our service academies; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That Nevada, whose Nellis Air Force Base is Home of the Fighter Pilot, takes special pride in its support of the U.S. Air Force and the concept of air power; and be it further
Resolved, That the legislature of the State of Nevada hereby congratulates the United States Air Force Academy on its 25th anniversary; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the President of the United States as Commander-in-Chief of our military forces, and to the Secretary of Defense, the Secretary of the Air Force, the Chief of Staff of the Air Force and the Superintendent of the U.S. Air Force Academy.
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Senate Concurrent Resolution No. 22Senator Keith Ashworth
FILE NUMBER 45
SENATE CONCURRENT RESOLUTIONCongratulating Bishop Gorman High School on its victory in the state AAA basketball tournament.
Whereas, The coaching staff and members of Bishop Gorman High Schools basketball team displayed skill, stamina and talent March 10, 1979, when they captured the state AAA championship; and
Whereas, The Gaels compiled an admirable season record of 24 victories against only 7 defeats; and
Whereas, Even though Bishop Gorman is a small parochial high school, it consistently demonstrated the importance of teamwork when coupled with a strong and determined coaching staff; and
Whereas, The accomplishments of this championship squad resulted from the combined efforts of Coaches Bob Brown, Al Strong and Pat Inch as well as Dave Gerber, the schools athletic director; Cliff Klinkhammer and Annette Teijeira, trainers; and George Gilbert and Marcus Luthiger, managers and the following players: Mike Adras, Brian Ashworth, Mike Brown, Tom Reid, Mike Robinson, Mark Romeo, Chuck Ruggeroli, Ed Ruggeroli, Danny Tarkanian, David Thomas and Chris Unich; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the 60th session of the legislature of the State of Nevada extends its congratulations to the Bishop Gorman High School basketball team and its coaches for their second straight state victory; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the principal of Bishop Gorman High School, Rev.
κ1979 Statutes of Nevada, Page 1959 (FILE NUMBER 45, SCR 22)κ
forthwith by the legislative counsel to the principal of Bishop Gorman High School, Rev. George Harris, C.S.V., and Coaches Bob Brown, Al Strong and Pat Inch.
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Assembly Concurrent Resolution No. 19Assemblyman Dini
FILE NUMBER 46
ASSEMBLY CONCURRENT RESOLUTIONEncouraging Anaconda Company to make available its mine and mill in Yerington to local government.
Whereas, The opening of the Anaconda Companys copper mine at Weed Heights in 1953 continued a long history of copper mining in the Yerington district that reaches as far back as 1865; and
Whereas, The Weed Heights reserves were estimated by the United States Geological Survey and the Nevada Bureau of Mines at 20 to 25 years and in that time, from 1953 until its closure last year, the open pit mine has produced relatively high grade oxidized copper ore, changing over to copper sulphide in 1961; and
Whereas, In that time the Weed Heights pit has been extremely productive and profitable for the Anaconda Company and the center of economic activity for Yerington with some 300 persons on the companys payroll; and
Whereas, Through the years of copper production at Weed Heights, the City of Yerington and Lyon County have provided community support, able workers, and the communications and transportation systems that have contributed to the success of copper mining by Anaconda; and
Whereas, The mine and facilities belonging to the Anaconda Company at Weed Heights now retain little, if any, value for copper mining; and
Whereas, The City of Yerington and Lyon County are attempting to maintain the economic base of Mason Valley and prevent the economic decline that has led to ghost towns in past eras at attracting new industry to the area; and
Whereas, There is no economic motivation for the Anaconda Company to retain the Weed Heights facilities in its present unproductive state; and
Whereas, The Weed Heights facilities would provide an excellent nucleus for new industrial development and economic growth; and
Whereas, The Anaconda Company could contribute to the economic future of an area that has made a considerable contribution to the fortunes of Anaconda and at the same time realize certain tax advantages; and
Whereas, The contribution toward the economic revival of an area by a company abandoning extensive industrial operations would be an excellent example of corporate responsibility that could serve as a national model; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the Anaconda Company make available to the City of Yerington and Lyon County the facilities and land at Weed Heights for industrial development; and be it further
κ1979 Statutes of Nevada, Page 1960 (FILE NUMBER 46, ACR 19)κ
Resolved, That the Anaconda Company is encouraged to explore with state and local officials the advantages to the company, the state and to the local community of converting the facilities at Weed Heights to other industrial activities; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the chairman of the board and the president of the Atlantic Richfield Company, the president of the Anaconda Company and the president of the Anaconda Copper Company.
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Assembly Resolution No. 16Assemblymen May, Harmon, Barengo, Westall, Vergiels, Mann, Sena, Craddock, Chaney, Bennett, Getto, Price, Jeffrey, Horn, Robinson, Bergevin, Weise, Dini, Banner, Coulter, Tanner, Stewart, Malone, Fielding, Marvel, Bedrosian, Glover, FitzPatrick, Hayes, Rusk, Brady, Mello, Cavnar, Webb, Wagner, Bremner, Hickey, Polish, Prengaman and Rhoads
FILE NUMBER 47
ASSEMBLY RESOLUTIONMemorializing Ronald P. Chelius, slain narcotics agent.
Whereas, The members of this body have sadly learned of the tragic death of Ronald P. Chelius, law officer and public servant; and
Whereas, Ronald Chelius was the field supervisor for the division of investigation and narcotics and had served the State of Nevada since 1973; and
Whereas, Agent Chelius also served as a deputy sheriff in Carson City from 1969 to 1973; and
Whereas, Born July 4, 1941, in Pennsylvania, Agent Chelius lived in Nevada for the past 16 years; and
Whereas, Agent Chelius served his country ably and well in the United States Marine Corps from 1958 to 1963; and
Whereas, Numerous honors and commendations were bestowed upon Agent Chelius during his years of meritorious service to his state and nation which include the Governor of Nevadas citation for meritorious achievement as well as citations from the Department of Treasurys Bureau of Alcohol, Tobacco and Firearms and the Federal Bureau of Investigations Department of Law Enforcement Assistance; additionally, Agent Chelius had been recognized for his contributions by numerous state and county law enforcement agencies and officials; and
Whereas, Agent Chelius justly deserves the recognition and commendation of all the people of the State of Nevada for his unselfish service and devotion; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That at times such as this when words are too inadequate, the members of this body extend their deepest heartfelt sympathies to the family of Ronald P. Chelius; and be it further
Resolved, That when this body adjourns today, it do so in the memory of Ronald P. Chelius, a brave Nevadan; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Agent Cheliuss wife, Ilse, and their three young children, Toni, Shawn and Jason.
κ1979 Statutes of Nevada, Page 1961 (FILE NUMBER 47, AR 16)κ
forthwith by the legislative counsel to Agent Cheliuss wife, Ilse, and their three young children, Toni, Shawn and Jason.
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Assembly Resolution No. 17Assemblyman Polish
FILE NUMBER 48
ASSEMBLY RESOLUTIONMemorializing the late Assemblyman Evan I. DeSpain.
Whereas, The people of Nevada were deeply sorry to learn of the passing of Evan I. DeSpain, 73, a former assemblyman; and
Whereas, Mr. DeSpain was born August 27, 1904, in Ephraim, Utah, and later moved to Ely where he lived until shortly before his passing; and
Whereas, Mr. DeSpain was politically active in Ely for many years and served in the Nevada assembly in 1957, 1959 and 1960; and
Whereas, Mr. DeSpain was also active in community affairs and belonged to the White Pine Chamber of Commerce and Mines and the First Ward of the Church of Jesus Christ of Latter-day Saints; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of the 60th session of the legislature of the State of Nevada hereby convey their sincere sympathy to the surviving family of the late Evan I. DeSpain; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to Flora, Mr. DeSpains widow, and their two daughters, Mrs. Wallace Guymon and Mrs. Alf O. Westby.
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Assembly Resolution No. 18Assemblymen FitzPatrick, Malone and Hickey
FILE NUMBER 49
ASSEMBLY RESOLUTIONMemorializing Sons and Daughters of Erin.
Whereas, The Sons and Daughters of Erin in Las Vegas is a fraternal organization devoted to fund-raising activities for charitable purposes; and
Whereas, Money collected by the organization has been donated to the American Cancer Society, the Easter Seal Society, Boy Scouts of America, Camp Fire Girls and the University of Nevada at Las Vegas; and
Whereas, The organization is to be especially commended for its contributions to the family of slain police officer James R. Rogan, who gave his life while performing his duties; and
Whereas, In addition to the organizations charitable pursuits, it has kept alive the Irish heritage in Las Vegas for the past 6 years with its annual Saint Patricks Day parade; now, therefore, be it
κ1979 Statutes of Nevada, Page 1962 (FILE NUMBER 49, AR 18)κ
kept alive the Irish heritage in Las Vegas for the past 6 years with its annual Saint Patricks Day parade; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That we commend the Sons and Daughters of Erin for their devotion and contributions to the improvement of the quality of life in Las Vegas; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to William McGarry, president of the Sons and Daughters of Erin in Las Vegas.
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Assembly Resolution No. 19Assemblymen Wagner, Bedrosian, Prengaman, Weise, Westall, Mello, Webb, Rusk, Coulter and Barengo
FILE NUMBER 50
ASSEMBLY RESOLUTIONCommending University of Nevada at Renos swimming and diving team on its victory in the national championship.
Whereas, The coaching staff and members of the University of Nevada at Renos swimming and diving team displayed skill, stamina and talent March 10, 1979, when they clinched the AIAW national championship for small colleges; and
Whereas, The impressive feat, which is the first national college title ever won by the university, was made possible when the team scored 349 points; and
Whereas, The victory for the coach and the 16 members of the team is especially commendable when it is considered that the meet included 81 teams and 400 participants from throughout the United States; and
Whereas, The accomplishments of this championship team resulted from the combined efforts of Coach Jerry Ballew and the following premier swimmers and divers: Ann Belikow, Paige Bryant, Barbara Buck, Shari Buonomici, Kerron Cozens, Connie Gerling, Pam Gordon, Patti Gordon, Janette Jackson, Lynne Miceli, Mary Mirch, Karen Petterson, Gale Reeder, Teresa Roth, Jennifer Stringari and Cathy Trachok; now, therefore, be it
Resolved by the Assembly of the State of Nevada, that this body extends its congratulations to the swimming and diving team of the University of Nevada at Reno; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to Coach Jerry Ballew.
________
κ1979 Statutes of Nevada, Page 1963κ
Assembly Concurrent Resolution No. 24Assemblymen Westall, Hayes, Banner, Barengo, Bedrosian, Bennett, Bergevin, Brady, Bremner, Cavnar, Chaney, Coulter, Craddock, Dini, Fielding, FitzPatrick, Getto, Glover, Harmon, Hickey, Horn, Jeffrey, Malone, Mann, Marvel, May, Mello, Polish, Prengaman, Price, Rhoads, Robinson, Rusk, Sena, Stewart, Tanner, Vergiels, Wagner, Webb and Weise
FILE NUMBER 51
ASSEMBLY CONCURRENT RESOLUTIONCommending the Girl Scouts of the United States of America on Girl Scout Week which was March 11 through March 17, 1979.
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 and benefits of outdoor recreation; and
Whereas, Since its founding in 1912 in Savannah, Georgia, this scouting movement has attempted to infuse in the souls of young women the high ideals of integrity and good character inherent in the Girl Scout Law; and
Whereas, The activities and programs offered to the girls of the State of Nevada are through the services of the Sierra Nevada Council in northern Nevada and the Frontier Council in southern Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the 60th session of the legislature of the State of Nevada hereby commend Nevadas individual troop leaders whose dedication and service have helped to promote girl scouting in Nevada; and be it further
Resolved, That the members of the legislature hereby commend the representatives of the Sierra Nevada Council and the Frontier Council of the Girl Scouts of the United States of America who worked tirelessly to make Girl Scout Week, March 11 through March 17, 1979, the success that it was; and be it further
Resolved, That copies of this resolution be transmitted forthwith by the legislative counsel to the Sierra Nevada Council and the Frontier Council of the Girl Scouts of the United States of America.
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Senate Concurrent Resolution No. 1Senators Echols, Gibson, Lamb, Wilson and Raggio
FILE NUMBER 52
SENATE CONCURRENT RESOLUTIONAdopting Joint Rules of the Senate and Assembly for the 60th 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 59th session are adopted for the 60th session of the legislature with the following amendments and repeal:
κ1979 Statutes of Nevada, Page 1964 (FILE NUMBER 52, SCR 1)κ
1. Joint Rule 1 is hereby 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 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 the bills or resolutions are 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. The report is not subject to amendment. If either house refuses to adopt the report, or if the first conference committee has so recommended, a second conference committee may be appointed. No member who served on the first committee may be appointed to the second.
There shall be but [one committee] two committees of conference on any bill or resolution. A majority of the members of a committee of conference from each house [shall] must be members who voted for the passage of the bill or resolution.
2. Joint Rule 6 is hereby amended to read as follows:
6
PRINTING
Conditional.
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] may be ordered except by a concurrent resolution passed by both Houses. Each Senator is entitled to the free distribution of 20 copies of each bill introduced in each House, and each Assemblyman to such a distribution of 10 copies.
3. Joint Rule 5 is hereby repealed and its number reserved for future use.
________
κ1979 Statutes of Nevada, Page 1965κ
Assembly Concurrent Resolution No. 25Assemblymen Malone, FitzPatrick, Sena, Bremner, Rusk, Webb, Price, Mello, Mann, Dini, Glover, Fielding, Craddock, Prengaman, Rhoads, Brady, Stewart, Tanner, Chaney, Weise, Bennett, Westall, Vergiels, Horn, Hickey, Bergevin, Marvel, Polish, Robinson, Banner, Coulter, Getto, Harmon, Barengo, Cavnar, Jeffrey, Bedrosian, Wagner, May and Hayes
FILE NUMBER 53
ASSEMBLY CONCURRENT RESOLUTIONMemorializing James W. Harbin II, slain police officer.
Whereas, The members of this legislature have sadly learned of the tragic and untimely death of James W. Harbin II, slain Las Vegas police officer; and
Whereas, James Harbin had been a corrections officer at the Clark County jail and had joined the Metropolitan Police Department a little more than a month ago; and
Whereas, Officer Harbin was born October 31, 1956, in Selma, Alabama, and had lived in Las Vegas several years; and
Whereas, Before joining the metropolitan police force, James Harbin had faithfully and ably served his country in the U.S. Marine Corps, and been graduated from the Army-Navy Academy in California in 1975; and
Whereas, Officer Harbin has courageously earned the recognition and commendation of all the citizens of Nevada for his selfless devotion and service; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of the legislature extend their deepest condolences to the family of Officer James W. Harbin II; and be it further
Resolved, That when the respective houses adjourn today, they do so in the memory of James W. Harbin, a brave man who made a supreme sacrifice at a very young age; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Officer Harbins parents, James and Betty, and to his brothers and sister, Melvin, Richard and Sheri.
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Senate Joint Resolution No. 6Senators Glaser, Dodge, Raggio, Sloan, Kosinski and Gibson
FILE NUMBER 54
[To be returned to 1981 legislature]
SENATE JOINT RESOLUTIONProposing to amend article 10 of the constitution of the State of Nevada, relating to taxation, by authorizing the imposition of an estate tax not greater than the credit allowable for such a tax against the federal estate tax, reduced by the amount paid to any other state.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That article 10 of the constitution of the State of Nevada be amended by adding thereto a new section which shall read as follows:
The legislature may provide by law for the taxation of estates taxed by the United States, but only to the extent of any credit allowed by federal law for the payment of such a state tax.
κ1979 Statutes of Nevada, Page 1966 (FILE NUMBER 54, SJR 6)κ
the United States, but only to the extent of any credit allowed by federal law for the payment of such a state tax. The combined amount of these federal and state taxes may not exceed the estate tax which would be imposed by federal law alone. If another state of the United States imposes and collects death taxes against an estate which is taxable by the State of Nevada under this section, the amount of estate tax to be collected by the State of Nevada must be reduced by the amount of the death taxes collected by the other state. Any lien for the estate tax attaches no sooner than the time when the tax is due and payable, and no restriction on possession or use of a decedents property may be imposed by law before the time when the tax is due and payable. The State of Nevada shall accept the determination of the United States of the taxable estate without further audit.
and be it further
Resolved, That section 1 of article 10 of the constitution of the State of Nevada be amended to read as follows:
Section 1. The legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal and possessory, except mines and mining claims, when not patented, the proceeds alone of which shall be assessed and taxed, and when patented, each patented mine shall be assessed at not less than five hundred dollars ($500), except when one hundred dollars ($100) in labor has been actually performed on such patented mine during the year, in addition to the tax upon the net proceeds; shares of stock (except shares of stock in banking corporations), bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt. Notwithstanding the provisions of this section, the legislature may constitute agricultural and open-space real property having a greater value for another use than that for which it is being used, as a separate class for taxation purposes and may provide a separate uniform plan for appraisal and valuation of such property for assessment purposes. If such plan is provided, the legislature shall also provide for retroactive assessment for a period of not less than 7 years when agricultural and open-space real property is converted to a higher use conforming to the use for which other nearby property is used. Personal property which is moving in interstate commerce through or over the territory of the State of Nevada, or which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward, shall be deemed to have acquired no situs in Nevada for purposes of taxation and shall be exempt from taxation. Such property shall not be deprived of such exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged. The legislature may exempt motor vehicles from the provisions of the tax required by this section, and in lieu thereof, if such exemption is granted, shall provide for a uniform and equal rate of assessment and taxation of motor vehicles, which rate shall not exceed five cents on one dollar of assessed valuation.
κ1979 Statutes of Nevada, Page 1967 (FILE NUMBER 54, SJR 6)κ
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.
and be it further,
Resolved, That the secretary of state shall assign the next consecutive section number in article 10 of the constitution of the State of Nevada to the new section set forth in this resolution upon its approval and ratification by the people.
________
Senate Concurrent Resolution No. 11Committee on Finance
FILE NUMBER 55
SENATE CONCURRENT RESOLUTIONApproving augmentation of the amount previously authorized for improvements to the Belrose Building in Las Vegas.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature approves augmentation of the amount of money authorized for Project 77-5, chapter 478, Statutes of Nevada 1977, for construction of improvements to the Belrose Building in Las Vegas; and be it further
Resolved, That the legislature approves the use by the state public works board of $35,000 from the current budget of the rehabilitation division of the department of human resources for such improvements.
________
Assembly Resolution No. 21Committee on Legislative Functions
FILE NUMBER 56
ASSEMBLY RESOLUTIONProviding for the appointment of additional assembly attaches.
Resolved by the Assembly of the State of Nevada, That Judy E. Williams, Neva Lynn Ferguson and Michael D. Ierien are elected as additional attaches of the assembly for the 60th session of the legislature of the State of Nevada.
________
κ1979 Statutes of Nevada, Page 1968κ
Senate Resolution No. 9Committee on Legislative Functions
FILE NUMBER 57
SENATE RESOLUTIONProviding for the appointment of additional senate attaches.
Resolved by the Senate of the State of Nevada, That Sheree Evans and Evelyn Stephens are elected as additional attaches of the senate for the 60th session of the legislature of the State of Nevada.
________
Assembly Joint Resolution No. 21Committee on Taxation
FILE NUMBER 58
ASSEMBLY 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 not beneficial 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
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 Assembly and Senate 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
κ1979 Statutes of Nevada, Page 1969 (FILE NUMBER 58, AJR 21)κ
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.
________
Assembly Resolution No. 22Committee on Legislative Functions
FILE NUMBER 59
ASSEMBLY RESOLUTIONProviding for the appointment of additional assembly attaches.
Resolved by the Assembly of the State of Nevada, That James Ohriner and Pam Margullis are elected as additional attaches of the assembly for the 60th session of the legislature of the State of Nevada.
________
Senate Resolution No. 11Senators Blakemore, Don Ashworth, Keith Ashworth, Close, Dodge, Echols, Faiss, Ford, Gibson, Glaser, Hernstadt, Jacobsen, Kosinski, Lamb, McCorkle, Neal, Raggio, Sloan, Wilson and Young
FILE NUMBER 60
SENATE RESOLUTIONMemorializing the late Nevin E. Broady Broadbent.
Whereas, This body has learned with deepest sorrow and regret of the death of Nevin E. Broady Broadbent; and
Whereas, Mr. Broadbent was born March 26, 1901, in Lehi, Utah, and moved to White Pine County in 1925; and
Whereas, Mr. Broadbent distinguished himself as one of this states most active and enthusiastic citizens as exemplified by his participation in numerous political, social and community activities; and
Whereas, Broady Broadbent was graduated from the University of Utahs School of Pharmacy in 1923, and he owned and managed Steptoe Drug in Ely for over 50 years; and
Whereas, At the time of Mr. Broadbents death he was serving as the president of the state board of pharmacy — he had been a member of the board for 34 years; and
κ1979 Statutes of Nevada, Page 1970 (FILE NUMBER 60, SR 11)κ
Whereas, In 1959, Mr. Broadbent was the first Nevadan to receive the honorary Bowl of Hygeia from the Nevada State Pharmaceutical Association; and
Whereas, Mr. Broadbent was a member of the University of Nevadas board of regents for 6 years and was a recipient of that universitys Distinguished Nevadan Award; and
Whereas, A sincere concern for community and state prompted Mr. Broadbent to serve as the mayor of the City of Ely for 16 years and chairman of the original committee that built the Bristle Cone Convention Center in Ely; he is credited as well with being a cofounder of the Nevada League of Cities and serving as its first president; and
Whereas, Mr. Broadbent had been the president of the White Pine Chamber of Commerce and was also a charter member of the Ely Lions Club; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the members of this body hereby convey their sincere condolences to the family of the late Mr. Broadbent; and be it further
Resolved, That when this body adjourns today it do so in the memory of Broady Broadbent; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to Hope, Mr. Broadbents widow and their two children, Susan Broadbent Siri, of Reno, and Robert N. Broadbent, of Boulder City.
________
Senate Concurrent Resolution No. 28Senators Faiss, Don Ashworth, Keith Ashworth, Blakemore, Close, Dodge, Echols, Ford, Gibson, Glaser, Hernstadt, Jacobsen, Kosinski, Lamb, McCorkle, Neal, Raggio, Sloan, Wilson and Young
FILE NUMBER 61
SENATE CONCURRENT RESOLUTIONDesignating April 11 and 12, 1979, as Senior Citizens Days.
Whereas, It is with special affection that the legislature of the State of Nevada recognizes its aged and aging citizenry; and
Whereas, All too often in the daily press of events the inestimable debt owed to all the aged and aging is unexpressed; and
Whereas, It is especially appropriate that we focus on the needs of our aged and aging Nevadans because for many, during this period of spiraling and rampant inflation, daily living on fixed incomes has become particularly burdensome; and
Whereas, It is fitting for all Nevadans, following the example initiated by this legislative session, to increase their awareness of the special needs of the aged and aging; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislature of this state designates April 11 and 12, 1979, as Senior Citizens Days in appreciation and recognition of their efforts in 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 it in recognition of Senior Citizens Days.
________
κ1979 Statutes of Nevada, Page 1971κ
Assembly Resolution No. 23Assemblymen Polish, Chaney, Marvel, Hickey, Bergevin, Rusk, Webb, Bremner, Horn, Malone, Price, Vergiels, Westall, Weise, Dini, Glover, Hayes, Sena, Fielding, Tanner, Stewart, Craddock, Prengaman, Brady, FitzPatrick, Rhoads, Bedrosian, Jeffrey, Cavnar, Barengo, Wagner, Getto, Banner, Robinson, Coulter, Mann, Mello, Harmon, Bennett and May
FILE NUMBER 62
ASSEMBLY RESOLUTIONMemorializing the late Nevin E. Broady Broadbent.
Whereas, This body has learned with deepest sorrow and regret of the death of Nevin E. Broady Broadbent; and
Whereas, Mr. Broadbent was born March 26, 1901, in Lehi, Utah, and moved to White Pine County in 1925; and
Whereas, Mr. Broadbent distinguished himself as one of this states most active and enthusiastic citizens as exemplified by his participation in numerous political, social and community activities; and
Whereas, Broady Broadbent was graduated from the University of Utahs School of Pharmacy in 1923, and he owned and managed Steptoe Drug in Ely for over 50 years; and
Whereas, At the time of Mr. Broadbents death he was serving as the president of the state board of pharmacy — he had been a member of the board for 34 years; and
Whereas, In 1959, Mr. Broadbent was the first Nevadan to receive the honorary Bowl of Hygeia from the Nevada State Pharmaceutical Association; and
Whereas, Mr. Broadbent was a member of the University of Nevadas board of regents for 6 years and was a recipient of that universitys Distinguished Nevadan Award; and
Whereas, A sincere concern for community and state prompted Mr. Broadbent to serve as the mayor of the City of Ely for 16 years and as chairman of the original committee that built the Bristle Cone Convention Center in Ely; he is credited as well with being a cofounder of the Nevada League of Cities and serving as its first president; and
Whereas, Mr. Broadbent has been the president of the White Pine Chamber of Commerce and was also a charter member of the Ely Lions Club; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of this body hereby convey their sincere condolences to the family of the late Mr. Broadbent; and be it further
Resolved, That when this body adjourns today it do so in the memory of Broady Broadbent; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to Hope, Mr. Broadbents widow and their two children, Susan Broadbent Siri, of Reno, and Robert N. Broadbent, of Boulder City.
________
κ1979 Statutes of Nevada, Page 1972κ
Assembly Joint Resolution No. 8 of the 59th SessionAssemblymen Mann, Schofield, Bennett and Chaney
FILE NUMBER 63
[To go on 1980 general election ballot]
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.] The Legislature shall provide for their election by the people, and fix by law their duties and compensation. County Clerks shall be ex-officio Clerks of the Courts of Record and of the Boards of County Commissioners in and for their respective counties.
________
Assembly Resolution No. 24Assemblymen Glover and Polish
FILE NUMBER 64
ASSEMBLY RESOLUTIONMemorializing former Assemblyman Henry S. Coleman.
Whereas, This body has learned with deepest sorrow and regret of the passing of the respected former Assemblyman Henry S. Coleman; and
Whereas, Assemblyman Coleman represented his constituency of Pioche during the 1939 session of the legislature ably and well; and
Whereas, The respected assemblyman was politically active and civic minded long after his service in the state legislature; he was active in the Democratic Party in Nevada for many years and also served as the president of the Carson City Lions Club; and
Whereas, Before retiring in 1954, Mr. Coleman had been the director of the state tax commission; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of this body hereby extend their heartfelt condolences to the family of Henry S. Coleman; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the children of the late and distinguished Henry S. Coleman.
________
κ1979 Statutes of Nevada, Page 1973κ
Senate Concurrent Resolution No. 25Senators Dodge, Blakemore, Lamb, Jacobsen, Faiss, Don Ashworth, Glaser, Sloan, Keith Ashworth, McCorkle, Close, Echols and Raggio
FILE NUMBER 65
SENATE CONCURRENT RESOLUTIONAdmonishing the Bureau of Land Management of the United States Department of the Interior to cease its consideration for designation as wilderness land certain ineligible lands in Nevada.
Whereas, Sections 201(a) and 603(a) of the Federal Land Policy and Management Act of 1976 (Public Law 93597, October 21, 1976, 90 Stat. 2477) require the Bureau of Land Management of the United States Department of the Interior to prepare an inventory of the roadless areas of the United States for possible designation and preservation as wilderness lands; and
Whereas, The Federal Land Policy and Management Act requires that the lands included in the inventory meet wilderness characteristics set forth in the Wilderness Act (16 U.S.C. §§ 1131 et seq.), and for the purposes of the inventory, the Bureau of Land Management has itself defined road in part III of its Wilderness Inventory Handbook dated September 27, 1978; and
Whereas, In the recent past the Bureau of Land Management took a common-sense approach by removing from consideration for designation as wilderness land, vast areas of land in the eastern portion of Nevada which obviously lacked the required wilderness characteristics, but has now apparently abandoned this reasoned approach by including in its inventory for further study approximately 20 million acres of land in Nevada which also obviously lack the characteristics required by the Wilderness Act; and
Whereas, In doing so, the Bureau of Land Management has ignored its own test for naturalness set forth on page 6 of its handbook, which requires that the imprint of mans work must be substantially unnoticeable, because the land included in the inventory for further study contains mining properties, roads, livestock handling facilities, farms, other private lands and numerous other imprints of man; and
Whereas, Public outcry, typified by a petition submitted by the citizens of Pershing County which contained 1,194 signatures representing more than 40 percent of that countys population in December 1978, has arisen to inform the Bureau of Land Management of matters which should have been obvious to it, and that protest has put the public to great and unnecessary expense and now poses a substantial threat to the entire program of designating and protecting wilderness lands; now, therefore, be it
Resolved, by the Senate of the State of Nevada, the Assembly concurring, That the Bureau of Land Management of the United States Department of the Interior is hereby admonished to forthwith remove from consideration for designation as wilderness land any land in Nevada which obviously does not possess the required characteristics of wilderness and reduce the expense to the public of its inventory and study by taking under consideration only those lands which reasonably do possess wilderness characteristics as required by federal law.
κ1979 Statutes of Nevada, Page 1974 (FILE NUMBER 65, SCR 25)κ
which obviously does not possess the required characteristics of wilderness and reduce the expense to the public of its inventory and study by taking under consideration only those lands which reasonably do possess wilderness characteristics as required by federal law.
________
Senate Resolution No. 12Senator Jacobsen
FILE NUMBER 66
SENATE RESOLUTIONMemorializing the late Joseph E. Francoeur, former chairman of the Douglas County planning commission.
Whereas, It is with heartfelt sorrow that the members of this body note the passing of Joseph E. Francoeur; and
Whereas, Mr. Francoeur was born September 11, 1907, in Jamestown, Kansas, but had been a resident of Glenbrook, Nevada, for the past 10 years; and
Whereas, Joseph Francoeur was dedicated to public service in the community of Glenbrook and had been a member of the Tahoe-Douglas Rotary Club as well as being a former chairman of the Douglas County planning commission; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the members of this body express their sorrow and extend their deepest sympathy to the family of Joseph E. Francoeur; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to Iris, Mr. Francoeurs widow, and their four children, Joseph, Michael and Stephen, and Jeanette Evans.
________
Assembly Resolution No. 25Assemblyman Polish
FILE NUMBER 67
ASSEMBLY RESOLUTIONMemorializing the late Myron B. Bybee, Sr., former assemblyman from White Pine County.
Whereas, The members of this body note with sadness and regret the death of Myron B. Bybee, Sr., a former assemblyman from White Pine County; and
Whereas, Mr. Bybee was born in Utah but had lived in Ely, Nevada, for several years where he was active in business, civic and political affairs; and
Whereas, In addition to ranching, Mr. Bybee bought an Ely grocery store in 1946 and 16 years later opened a drive-in which he built into a steak house; in 1974, Mr. Bybee built Elys Copper Queen Motel; and
Whereas, Mr. Bybee was dedicated to community affairs as exemplified by his many years of selfless service as a boy scout leader and his past presidency of the Ely Farm Bureau and membership in the Lions Club and B.P.O.
κ1979 Statutes of Nevada, Page 1975 (FILE NUMBER 67, AR 25)κ
past presidency of the Ely Farm Bureau and membership in the Lions Club and B.P.O. Elks Lodge No. 1469; and
Whereas, From 1961 to 1963 Mr. Bybee represented the residents of White Pine County in the Nevada assembly ably and well; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of this body mourn the loss of a respected Nevada citizen and extend their condolences to the surviving family of the former Assemblyman Myron B. Bybee, Sr.; and be it further
Resolved, That a copy of this resolution be transmitted by the legislative counsel to Evah, Mr. Bybees widow, and to their children.
________
Senate Concurrent Resolution No. 33Committee on Judiciary
FILE NUMBER 68
SENATE CONCURRENT RESOLUTIONAuthorizing expenditure from the legislative fund for travel, subsistence and honorarium to Professor Jessie Choper for appearance before the senate and assembly judiciary committees.
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 an honorarium of $100 per day, to Professor Jessie Choper of the law school of the University of California at Berkeley, for appearing before the senate and assembly judiciary committees to discuss the subject of gaming.
________
Senate Concurrent Resolution No. 37Senators Keith Ashworth, Don Ashworth, Blakemore, Close, Dodge, Echols, Faiss, Ford, Gibson, Glaser, Hernstadt, Jacobsen, Kosinski, Lamb, McCorkle, Neal, Raggio, Sloan, Wilson and Young
FILE NUMBER 69
SENATE CONCURRENT RESOLUTIONCommending secretaries for their services to government and private enterprise and designating April 22 through April 28, 1979, as Secretaries Week and April 25, 1979, as Secretaries Day.
Whereas, Conscientious and efficient secretaries are essential to the proper management of any business within the free enterprise system; and
Whereas, The duties required of a secretary demand sophisticated office skills and ability to assume tremendous responsibilities without direct supervision while exercising initiative and sound business judgment; and
κ1979 Statutes of Nevada, Page 1976 (FILE NUMBER 69, SCR 37)κ
Whereas, Accomplished secretaries devote extensive time to the acquisition of requisite skills; and
Whereas, Secretaries in Nevada should be commended for their vital contributions to business, government, industry and education; 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; and be it further
Resolved, That the legislature designates April 22 through April 28, 1979, as Secretaries Week and April 25, 1979, 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.
________
Assembly Concurrent Resolution No. 40Assemblymen Glover, Barengo, Dini, Polish, Banner, Bedrosian, Bennett, Bergevin, Brady, Bremner, Cavnar, Chaney, Coulter, Craddock, Fielding, FitzPatrick, Getto, Harmon, Hayes, Hickey, Horn, Jeffrey, Malone, Mann, Marvel, Mello, Prengaman, Price, Rhoads, Robinson, Rusk, Sena, Stewart, Tanner, Vergiels, Wagner, Webb, Weise, Westall and May
FILE NUMBER 70
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Keith L. Lee, former state controller.
Whereas, The legislature notes with profound sorrow the death of Keith L. Lee, former state controller; and
Whereas, Keith Lee was a native of Nevada; he was born in Pioche on February 13, 1911, and attended grade school in Panaca and Lincoln County High School where he was graduated in 1929 as the class valedictorian; and
Whereas, Mr. Lee also attended the University of Nevada, Reno, where he participated in numerous team sports as well as varsity debate; additionally, he was elected president of the student body during his senior year and was honored at his graduation in 1933 by receiving the Henry J. Albert Senior Public Service Award; and
Whereas, During World War II, Mr. Lee served his country honorably and with distinction; and
Whereas, Mr. Lee was involved in charitable and community activities throughout his life — he was active as both a 4H member and leader and was also a member of the Carson City Kiwanis Club; Phi Delta Kappa, a professional and honorary fraternity; the National Education Fraternity and the Alpha Tau Omega social fraternity; and
Whereas, Mr. Lee served his state ably and well as state controller from 1959 to 1966 under the administration of former Governor Grant Sawyer; now, therefore, be it
κ1979 Statutes of Nevada, Page 1977 (FILE NUMBER 70, ACR 40)κ
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the members of this body express their sincere condolences to the family of Keith L. Lee; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith to Seville, Mr. Lees widow and their two children, Keith L. Lee, Jr., and Nancy K. Lee.
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Senate Resolution No. 7Senator Wilson
FILE NUMBER 71
SENATE RESOLUTIONAdding a new standing rule encouraging review of programs of state agencies by the appropriate Senate standing committees.
Resolved by the Senate of the State of Nevada, That the Senate Standing Rules are amended by adding Senate Standing Rule 54 to read as follows:
54
Review of State Agency Programs.
In addition to or concurrent with committee action taken on specific bills and resolutions during a regular session of the legislature, each standing committee of the Senate is encouraged to plan and conduct a general review of selected programs of state agencies or other areas of public interest within the committees jurisdiction.
________
Senate Concurrent Resolution No. 18Senators Keith Ashworth, Don Ashworth, Sloan, Ford, Hernstadt, Echols, Neal, Glaser, Faiss, Close, Gibson, Lamb, Blakemore, Young, Dodge and Raggio
FILE NUMBER 72
SENATE CONCURRENT RESOLUTIONHonoring Clare W. Woodbury, M.D., on his contribution to public service in Clark County.
Whereas, With deep appreciation the members of this legislature honor and commend Clare W. Woodbury, M.D., for his many years of devoted service to the residents of Clark County; and
Whereas, Dr. Woodbury, a retired physician and surgeon who served as the first Clark County health officer, tirelessly served on the Clark County school board for 27 years; and
Whereas, Before Dr. Woodburys election to the Clark County school board in 1956, he successfully campaigned for the consolidation of the countys 14 original districts; and
Whereas, Dr. Woodburys medical achievements and humanitarian contributions have enabled him to be the recipient of several awards and commendations, including the Nevada Medical Societys Physician of the Year award in 1965, and being named a distinguished Nevadan by the University of Nevada, Las Vegas, as well as having been additionally recognized when, in 1974, a junior high school in Las Vegas was named in his honor; and
κ1979 Statutes of Nevada, Page 1978 (FILE NUMBER 72, SCR 18)κ
the Year award in 1965, and being named a distinguished Nevadan by the University of Nevada, Las Vegas, as well as having been additionally recognized when, in 1974, a junior high school in Las Vegas was named in his honor; and
Whereas, Dr. Woodburys devotion to public service is further exemplified by his efforts in organizing the Clark County Mental Health Association and the Clark County chapter of the Nevada Medical Association; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of this legislature warmly commend Dr. Woodbury and extend heartfelt gratitude for his unselfish devotion to the medical profession in this state and his numerous contributions to public service; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Clare W. Woodbury, M.D.
________
Assembly Joint Resolution No. 24Assemblymen Hickey, Getto, Bremner, May, Banner, Hayes, Brady, Sena, Bennett, Stewart, Jeffrey, Cavnar, Craddock, Glover, Bergevin, Harmon, Westall, Mann, Rusk, Marvel, Polish, Vergiels, Mello and Weise
FILE NUMBER 73
[To be returned to 1981 legislature]
ASSEMBLY JOINT RESOLUTIONProposing an amendment to section 1 of article 14 of the constitution of the State of Nevada, relating to the state boundary, to adjust the constitutional boundary of the state to the actual boundary.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 1 of article 14 of the constitution of the State of Nevada be amended to read as follows:
Section 1. The boundary of the State of Nevada [shall be] is as follows:
Commencing at a point formed by the intersection of the [thirty eighth degree of Longitude West from Washington with the Thirty Seventh degree of North latitude; Thence due West along said thirty seventh degree of North latitude to the eastern boundary line of the State of California;] forty-third degree of longitude West from Washington with the forty-second degree of North latitude; thence due East along the forty-second degree of North latitude to its intersection with the thirty-seventh degree of longitude West from Washington; thence South on the thirty-seventh degree of longitude West from Washington to its intersection with the middle line of the Colorado River of the West; thence down the middle line of the Colorado River of the West to its intersection with the Eastern boundary of the State of California; thence in a North Westerly direction along [said] the Eastern boundary line of the State of California to the [forty third] forty-third degree of Longitude West from Washington; Thence North along [said forty third] the forty-third degree of West Longitude, and [said] the Eastern boundary line of the State of California to the [forty second degree of North Latitude; Thence due East along the said forty second degree of North Latitude to a point formed by its intersection with the aforesaid thirty eighth degree of Longitude west from Washington; Thence due South down said thirty eighth degree of West Longitude to the] place of beginning.
κ1979 Statutes of Nevada, Page 1979 (FILE NUMBER 73, AJR 24)κ
from Washington; Thence North along [said forty third] the forty-third degree of West Longitude, and [said] the Eastern boundary line of the State of California to the [forty second degree of North Latitude; Thence due East along the said forty second degree of North Latitude to a point formed by its intersection with the aforesaid thirty eighth degree of Longitude west from Washington; Thence due South down said thirty eighth degree of West Longitude to the] place of beginning. [And whensoever Congress shall authorize the addition to the Territory or State of Nevada of any portion of the territory on the Easterly border of the foregoing defined limits, not exceeding in extent one degree of Longitude, the same shall thereupon be embraced within, and become a part of this State. And furthermore Provided, that all such] All territory [,] lying West of and adjoining the boundary line herein prescribed, which the State of California may relinquish to the Territory or State of Nevada, shall thereupon be embraced within and constitute a part of this State.
________
Senate Resolution No. 10Committee on Legislative Functions
FILE NUMBER 74
SENATE RESOLUTIONAmending Senate Standing Rule 110 for the 60th session of the legislature with respect to bills recommended for placement on the consent calendar.
Resolved by the Senate of the State of Nevada, That Senate Standing Rule 110 is hereby amended 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. Senate bills recommended for placement on the consent calendar must be engrossed upon receipt by the Secretary of the committees recommendation. 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.
________
κ1979 Statutes of Nevada, Page 1980κ
Assembly Concurrent Resolution No. 38Assemblymen May, Hayes, FitzPatrick, Rhoads Prengaman, Craddock, Fielding, Sena, Glover, Dini, Westall, Mann, Price, Webb, Malone, Rusk, Bremner, Polish, Marvel, Bergevin, Hickey, Horn, Vergiels, Harmon, Weise, Chaney, Bennett, Tanner, Stewart, Brady, Bedrosian, Jeffrey, Cavnar, Wagner, Barengo, Getto, Robinson and Coulter.
FILE NUMBER 75
ASSEMBLY CONCURRENT RESOLUTIONUrging the board of state prison commissioners to use suitable convicts to educate youth against crimes.
Whereas, Crimes committed by juveniles in Nevada have increased greatly in recent years to the point where juvenile crime is at epidemic proportions; and
Whereas, Experience has demonstrated that persons who have been imprisoned for crime have been effective spokesmen to convince juveniles to avoid criminal activity, as in the case of the academy award winning documentary Scared Straight; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the board of state prison commissioners is urged to establish a program of using suitable convicts to educate youth against similar offenses; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the board of state prison commissioners.
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Senate Concurrent Resolution No. 29Senator Ford
FILE NUMBER 76
SENATE CONCURRENT RESOLUTIONEncouraging the training of peace officers to deal with domestic violence.
Whereas, Peace officers are routinely required to jeopardize their lives and physical well-being in a myriad of ways; and
Whereas, Recent statistics compiled by federal, state and municipal law enforcement agencies indicate that as many as 25 percent of the peace officers killed while on duty were responding to calls involving domestic violence; and
Whereas, These alarming statistics further reveal that an even greater percentage of serious injuries have resulted to peace officers responding to such calls; and
Whereas, Recently released statistics of the Federal Bureau of Investigation suggest that such injuries may be reduced by training officers in methods of crisis intervention; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That police officers should have the benefit of training to enable them to respond to calls involving domestic violence more effectively and with less danger to themselves; and be it further
Resolved, That the commission on crime, delinquency and corrections develop and encourage programs of training in crisis intervention, with specific emphasis on domestic violence, which are certified by the Peace Officers Standards and Training Commission; and be it further
κ1979 Statutes of Nevada, Page 1981 (FILE NUMBER 76, SCR 29)κ
specific emphasis on domestic violence, which are certified by the Peace Officers Standards and Training Commission; and be it further
Resolved, That a copy of this resolution be prepared and transmitted by the legislative counsel to the commission on crimes, delinquency and corrections.
________
Assembly Concurrent Resolution No. 44Assemblymen May, Banner, Barengo, Bedrosian, Bennett, Bergevin, Brady, Bremner, Cavnar, Chaney, Coulter, Craddock, Dini, Fielding, FitzPatrick, Getto, Glover, Harmon, Hayes, Hickey, Horn, Jeffrey, Malone, Mann, Marvel, Mello, Polish, Prengaman, Price, Rhoads, Robinson, Rusk, Sena, Stewart, Tanner, Vergiels, Wagner, Webb, Weise and Westall
FILE NUMBER 77
ASSEMBLY CONCURRENT RESOLUTIONRequesting all citizens and state officials to join with the Nevada legislature in commemorating Law Day U.S.A.
Whereas, By Presidential Proclamation, May 1 has been declared Law Day U.S.A. since 1958; and
Whereas, May 1 of each year is designated by NRS 236.030 to be Law Day U.S.A.; and
Whereas, The purpose of Law Day U.S.A. is to reaffirm the principle that American government is one of law; and
Whereas, Law Day U.S.A. provides us with an opportunity to rededicate ourselves to the advancement of equality of justice under the law; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature requests all Nevada citizens and state officials to join with them in commemoration of Law Day U.S.A. and in rededication to the principles of law which it honors.
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Senate Concurrent Resolution No. 47Senators Raggio, Young, Blakemore, Hernstadt, Kosinski and Wilson
FILE NUMBER 78
SENATE CONCURRENT RESOLUTIONMemorializing the late Clel Georgetta, former district judge and legislator.
Whereas, The heart of every member of this legislature is deeply grieved and sorrow-stricken by the recent passing of Clel Georgetta, one of Nevadas proudest citizens whose colorful and successful career stretched from shepherd and cowboy to legislator and judge; and
Whereas, Clel Georgetta was born April 20, 1901, and passed away on his 78th birthday; and
Whereas, In 1921, Clel Georgetta began his sheep ranching career when he acquired the Eight Mile Ranch in the Deep Creek Valley which he built into the Triune Ranch that extended into four counties and two states; and
κ1979 Statutes of Nevada, Page 1982 (FILE NUMBER 78, SCR 47)κ
he built into the Triune Ranch that extended into four counties and two states; and
Whereas, Mr. Georgetta attended the University of Nevada at Reno and received a degree in law from the University of Washington before opening a private practice in Reno in 1930; and
Whereas, The following year Mr. Georgetta returned to White Pine County and was elected to the Nevada assembly where he served his constituency admirably for one term; and
Whereas, In addition to being an experienced trial attorney and having practiced in Reno for 26 years, as well as being appointed to one of Washoe Countys district judgeships in 1958, Clel Georgetta was the author of several books and articles and in 1957 was honored by election to membership in the National Writers Club; and
Whereas, Clel Georgettas passing has saddened countless Nevadans who remember him as a concerned and outspoken rancher and defender of states rights in addition to being a dedicated and unselfish public servant and a talented and gifted author — qualities which, when combined, represent an indefatigable spirit known especially to Nevada; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 60th session of the legislature of the State of Nevada extend their heartfelt sympathy to the family of Clel Georgetta, whose death has touched all of us with deepest sorrow; and be it further
Resolved, That when this body adjourns today, it do so in the memory of Clel Georgetta; and be it further
Resolved, That a copy of this resolution be transmitted forthwith by the legislative counsel to Carol Brackenridge, Mr. Georgettas daughter.
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Senate Concurrent Resolution No. 48Senators Blakemore, Don Ashworth, Keith Ashworth, Close, Dodge, Echols, Faiss, Ford, Gibson, Glaser, Hernstadt, Jacobsen, Kosinski, Lamb, McCorkle, Neal, Raggio, Sloan, Wilson and Young
FILE NUMBER 79
SENATE CONCURRENT RESOLUTIONMemorializing the late W. Howard Gray.
Whereas, The members of the 60th session of the Nevada legislature sadly note the death of W. Howard Gray, former legislative lobbyist; and
Whereas, W. Howard Gray was born in Ogden, Utah, on September 23, 1900; and
Whereas, In 1933 Mr. Gray was graduated from George Washington Universitys School of Law; and
Whereas, Mr. Gray devoted his life to serving the public in many ways: he was elected as president of the State Bar of Nevada in 1947 and also served as a state deputy attorney general; was a member of the state board of education and was director of the Nevada Taxpayers Association; and during World War II was a member of one of this states local selective service boards; and
κ1979 Statutes of Nevada, Page 1983 (FILE NUMBER 79, SCR 48)κ
Association; and during World War II was a member of one of this states local selective service boards; and
Whereas, For more than 25 years Mr. Gray performed lobbying services for numerous organizations; his abilities were especially noted in the mining industry and he was recognized as extremely knowledgeable of the laws relating to natural resources and environmental quality; and
Whereas, W. Howard Gray was an active and enthusiastic Nevadan who contributed his time to numerous social organizations and was affiliated with the Prospectors Club and the Masons; now, therefore be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of this body express their deepest sympathies and extend their sincere condolences to the family of Mr. Gray; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the widow of W. Howard Gray.
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Senate Resolution No. 13Committee on Legislative Functions
FILE NUMBER 80
SENATE RESOLUTIONProviding for the appointment of an additional attache.
Resolved by the Senate of the State of Nevada, That Trina Bertelson is elected as an additional attache of the senate for the 60th session of the legislature of the State of Nevada.
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Senate Joint Resolution No. 19Committee on Taxation
FILE NUMBER 81
[To be returned to 1981 legislature]
SENATE JOINT RESOLUTIONProposing to amend section 1 of article 10 of the Nevada constitution by permitting an exemption from property tax for the conservation of energy by using nonfossil resources.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 1 of article 10 of the constitution of the State of Nevada be amended to read as follows:
Section 1. The legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal and possessory, except mines and mining claims, when not patented, the proceeds alone of which shall be assessed and taxed, and when patented, each patented mine shall be assessed at not less than five hundred dollars ($500), except when one hundred dollars ($100) in labor has been actually performed on such patented mine during the year, in addition to the tax upon the net proceeds; shares of stock (except shares of stock in banking corporations), bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt.
κ1979 Statutes of Nevada, Page 1984 (FILE NUMBER 81, SJR 19)κ
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. 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 [.] , or to encourage the conservation of energy or the substitution of other sources for fossil sources of energy.
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κ1979 Statutes of Nevada, Page 1985κ
Senate Concurrent Resolution No. 38Senator Raggio (by request)
FILE NUMBER 82
SENATE CONCURRENT RESOLUTIONAuthorizing the state land registrar to sell or exchange certain real property belonging to the state and situated in Washoe County, Nevada.
Whereas, The State of Nevada holds title to a certain parcel of real property located in Washoe County, Nevada, for which no use by the state is planned; and
Whereas, An owner of certain adjacent land has expressed an interest in acquiring the parcel; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the state land registrar is hereby authorized to sell or exchange, in the manner prescribed by NRS 321.335, the following real property belonging to the State of Nevada and situated in Washoe County, Nevada:
The East 1/2 of section 19 and the West 1/2 of section 20, T. 42 N., R. 20 E., M.D.B. & M.
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Assembly Concurrent Resolution No. 47Assemblymen May, Banner, Barengo, Bedrosian, Bennett, Bergevin, Brady, Bremner, Cavnar, Chaney, Coulter, Craddock, Dini, Fielding, FitzPatrick, Getto, Glover, Harmon, Hayes, Hickey, Horn, Jeffrey, Malone, Mann, Marvel, Mello, Polish, Prengaman, Price, Rhoads, Robinson, Rusk, Sena, Stewart, Tanner, Vergiels, Wagner, Webb, Weise and Westall.
FILE NUMBER 83
ASSEMBLY CONCURRENT RESOLUTIONCongratulating Nevada Air National Guard.
Whereas, The Nevada Air National Guard through its 152nd Tactical Reconnaissance Group, located at May Air National Guard Base, Reno, Nevada, composed of citizens of the State of Nevada, has, over the past 12 years, amassed over 48,000 hours of accident-free flying in both the two-engine supersonic jet RF101 fighter and the two-engine supersonic jet RF4C fighter, in connection with its photo reconnaissance mission; and
Whereas, This tactical reconnaissance group represented the United States Air Force at a N.A.T.O. photo reconnaissance exercise, during May and June of 1978 at Rygge Royal Norwegian Air Force Station, with regular active duty photo reconnaissance units from the Air Force of West Germany, the West German Naval Air Arm, the Royal Norwegian Air Force, the Royal Danish Air Force, the Canadian Armed Forces Air Arm and two squadrons from the Royal Air Force representing Great Britain, and placed one of its air crews and aircraft on the winning team at the competition; and
Whereas, The Nevada Air National Guards 152nd Tactical Reconnaissance Group supported a successful 18-aircraft deployment of RF4Cs with the 123rd Tactical Reconnaissance Wing of Louisville, Kentucky, deploying three aircraft and 14 air crews plus three airborne spares to Royal Norwegian Air Force Station, Sola, Norway, in order to familiarize the 123rd Tactical Reconnaissance Wing with the air operations of the European theater, and to demonstrate to both our nations N.A.T.O.
κ1979 Statutes of Nevada, Page 1986 (FILE NUMBER 83, ACR 47)κ
RF4Cs with the 123rd Tactical Reconnaissance Wing of Louisville, Kentucky, deploying three aircraft and 14 air crews plus three airborne spares to Royal Norwegian Air Force Station, Sola, Norway, in order to familiarize the 123rd Tactical Reconnaissance Wing with the air operations of the European theater, and to demonstrate to both our nations N.A.T.O. allies and enemies the deployment and response capabilities of our reserve forces; and
Whereas, During July and August 1978, the Nevada Air National Guard deployed its Prime Beef Team to Ramstein Air Base, Republic of West Germany, where 40 persons from the flight constructed and erected buildings, maintained and improved roadways and ably assisted the base fire department for two weeks; and
Whereas, As a result of these and other outstanding accomplishments by the Nevada Air National Guard during 1978, the National Guard Bureau of the United States awarded to the Nevada Air National Guard its Meritorious Service Award, and the Governor of the State of Nevada awarded to the unit the states Outstanding Unit Award; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature of the State of Nevada extends to the Nevada Air National Guard, to the adjutant general of the State of Nevada, and to the Commander of the 152nd Tactical Reconnaissance Group, its congratulations for the outstanding accomplishments by the Nevada Air National Guard, and offers its encouragement to the Nevada Air National Guard for continued excellence in accomplishing both its military and civilian missions.
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Assembly Joint Resolution No. 6Assemblymen Robinson, Polish, Bremner, Barengo, Banner, Horn, Rhoads, Harmon, Hayes, Sena, Jeffrey, Brady, FitzPatrick, Fielding and Craddock
FILE NUMBER 84
[To be returned to 1981 legislature]
ASSEMBLY JOINT RESOLUTIONProposing to amend the constitution of the State of Nevada by conferring a right upon private citizens to keep and bear arms for their defense and security and other lawful purposes.
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 11 of article 1 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 11. 1. Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes.
2. The military shall be subordinate to the civil power; No standing army shall be maintained by this State in time of peace, and in time of War, no appropriation for a standing army shall be for a longer time than two years.
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κ1979 Statutes of Nevada, Page 1987κ
Senate Joint Resolution No. 18Committee on Judiciary
FILE NUMBER 85
[To be returned to 1981 legislature]
SENATE JOINT RESOLUTIONProposing to amend section 14 of article 5 of the constitution of the State of Nevada to permit the legislature to authorize courts inferior to the district courts to defer the imposition of sentences and to suspend sentences.
Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 14 of article 5 of the constitution of the State of Nevada be amended to read as follows:
Sec. 14. The governor, justices of the supreme court, and attorney general, or a major part of them, of whom the governor shall be one, may, upon such conditions and with such limitations and restrictions as they may think proper, remit fines and forfeitures, commute punishments, and grant pardons, after convictions, in all cases, except treason and impeachments, subject to such regulations as may be provided by law relative to the manner of applying for pardons. The legislature [is authorized to] may pass laws conferring upon the district courts authority to suspend the execution of sentences, fix the conditions for, and to grant probation, and within the minimum and maximum periods authorized by law, fix the sentence to be served by the person convicted of crime in [said] those courts. The legislature may pass laws conferring upon courts inferior to the district courts authority to defer the imposition of sentences and to suspend the execution of sentences. The legislature may limit the authority which it confers upon the courts pursuant to this section.
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Senate Joint Resolution No. 17Committee on Commerce and Labor
FILE NUMBER 86
SENATE JOINT RESOLUTIONRequesting the United States Secretary of Defense and Secretary of the Army to maintain the staffing of civil service employees at the Hawthorne Army Ammunition Plant.
Whereas, The United States Naval Ammunition Depot at Hawthorne, Nevada, was commissioned on September 15, 1930, as the United States Naval Ammunition Depot; and on October 1, 1977, the depot was transferred to the Department of the Army and became the Hawthorne Army Ammunition Plant; and
Whereas, A combination of military and civil service employees have effectively, efficiently and economically performed all tasks assigned to them since the plant was originally commissioned; and
Whereas, The combined military and civil service work force has established an outstanding and enviable record of work and loyalty, particularly during periods of national peril, including World War II, the Korean war and the war in Viet Nam; and
Whereas, The Hawthorne Army Ammunition Plant constitutes the principal economic strength of the community of Hawthorne, Nevada; and
κ1979 Statutes of Nevada, Page 1988 (FILE NUMBER 86, SJR 17)κ
principal economic strength of the community of Hawthorne, Nevada; and
Whereas, A majority of the civil service employees of the depot have purchased homes and property in Hawthorne, Nevada, and have invested their entire future in that community; and
Whereas, The businesses of the community, as well as the schools and churches, the civic and fraternal groups and the entities of local government have developed their activities to serve and are dependent upon a stable civil service work force at the ammunition depot; and
Whereas, If the present work force were to be replaced with a work force employed on a contractual basis, the change would cause transient and sporadic periods of employment, having an adverse effect on the stability of Hawthorne and Mineral County; and
Whereas, The well-being and security of the existing staff of the Hawthorne Army Ammunition Plant and the residents of Hawthorne, Nevada, could be seriously jeopardized if the operation of the plant were to be transferred to control by a private contractor; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the United States Secretary of Defense, the Secretary of the Army, and the Assistant Secretary of the Army for Installations and Logistics retain the current method of staffing the Hawthorne Army Ammunition Plant at Hawthorne, Nevada, with civil service employees rather than institute an employment system operated by a private contractor; and be it further
Resolved, That these secretaries and their departments make every effort to expand and diversify the work assigned to the presently under-utilized plant so that a stable work force of approximately 1,500 employees can be productively employed in maintaining our national defense on a continuing basis; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the Secretary of Defense, the Secretary of the Army, the Assistant Secretary of the Army for Installations and Logistics, and to all members of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Senate Concurrent Resolution No. 5Senators Blakemore, Gibson, Lamb, Close, Wilson, Dodge, Glaser, Jacobsen, Don Ashworth, Keith Ashworth, Echols and Neal
FILE NUMBER 87
SENATE CONCURRENT RESOLUTIONContinuing the existence of the select committee on public lands.
Whereas, S.C.R. 9 of the 59th session of the Nevada legislature directed the creation of a select committee on public lands charged with several responsibilities including:
κ1979 Statutes of Nevada, Page 1989 (FILE NUMBER 87, SCR 5)κ
1. Traveling to Washington, D.C., to meet with federal executive and legislative officials to consider Nevadas unique situation with respect to the public lands;
2. Studying the alternatives for management of the public lands that would include a role for the state;
3. Increasing the amounts of land in nonfederal ownership;
4. Considering state consent to acquisition of lands by the Federal Government;
5. Proposing federal legislation on public lands;
6. Forming a regional coalition on public lands;
7. Reviewing and assessing plans and decisions of the Bureau of Land Management in the state; and
Whereas, The select committee has accomplished some of the assigned tasks and is heavily involved in several others; and
Whereas, To accomplish modification of federal land policy is a slow process requiring constant attention over the next several years at least; and
Whereas, The Nevada select committee has taken a leading role in forming a western coalition on public lands and is now looked to for leadership on this issue; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the Nevada select committee on public lands be continued through the 60th session of the Nevada legislature and for the interim period until the beginning of the 61st session; and be it further
Resolved, That the select committee be composed of three members of the senate appointed by the majority leader of the senate and four members of the assembly appointed by the speaker of the assembly, chosen with appropriate regard for their experience and knowledge about public lands; and be it further
Resolved, That the select committee shall:
1. Encourage and actively support the formation and efforts of the western coalition on public lands;
2. Advance knowledge and understanding of Nevadas public lands situation in local, regional and national forums;
3. Support Congressional legislation that will enhance the state and local roles in public lands management and that will increase the disposal of public domain lands for public purposes, for the expansion of communities, and for agricultural and other development; and be it further
Resolved, That the select committee is an official agency of the legislative counsel bureau whose members are entitled to receive out of the legislative fund for each days attendance at meetings or official business of the select committee after adjournment of the 60th legislative session, if 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 61st session of the legislature.
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κ1979 Statutes of Nevada, Page 1990κ
Senate Joint Resolution No. 21Committee on Judiciary
FILE NUMBER 88
SENATE JOINT RESOLUTIONMemorializing the United States Government to urge the German Federal Republic to abolish the statute of limitations for Nazi war crimes or to extend the period in which the guilty persons may be prosecuted.
Whereas, It is the policy of the State of Nevada, as manifested in its law of homicide, that responsibility for the commission of a single murder may not be discharged by the mere passage of time; and
Whereas, The magnitude of the crime of mass murder on the scale suffered during the Nazi holocaust is an overwhelming reason to toll any applicable statute of limitations; and
Whereas, The present law of the German Federal Republic relating to Nazi war criminals, if left unchanged, will preclude the initiation of investigations or prosecutions of such persons after December 31, 1979; and
Whereas, If the law is not changed to extend or make perpetual liability for these crimes, thousands of persons guilty of involvement in the calculated and brutal murder of masses of innocent persons will certainly escape justice; and
Whereas, It is in the interest of all free people to ensure that future generations not be allowed to forget the consequences of such horrible crimes; and
Whereas, An international campaign to convince the German Federal Republic to eliminate or extend the current statute of limitations has been initiated by concerned persons and organizations to which the people of the State of Nevada would add their voice; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the United States Government is respectfully requested to urge the German Federal Republic and the members of its parliament to abolish or extend the statute of limitations relating to Nazi war crimes; and be it further
Resolved, That the legislature requests that the President of the United States and the Secretary of State of the United States communicate the contents of this resolution on behalf of the people of Nevada to the following officials of the German Federal Republic: The President of State, the Chancellor, the Ambassador to the United States, the President of the Constitutional Court and the members of Parliament; and be it further
Resolved, That the legislative counsel transmit copies of this resolution to the President of the United States, to the Secretary of State, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to the Chairman of the Senate Foreign Relations Committee, to the members of the National Security Council 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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κ1979 Statutes of Nevada, Page 1991κ
Senate Joint Resolution No. 23Committee on Commerce and Labor
FILE NUMBER 89
SENATE JOINT RESOLUTIONMemorializing Congress to legislate on geothermal resources and to appropriate money for research and demonstration.
Whereas, It is essential that the United States reduce its dependence on foreign oil and focus its efforts upon the development of the plentiful and renewable sources of energy available in this country; and
Whereas, The State of Nevada has potentially great reserves of such energy in the form of geothermal resources; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature of the State of Nevada hereby urges the Congress of the United States to pass legislation on geothermal resources and appropriate the money necessary for research and demonstration of the use of geothermal resources; 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 and the members of the Nevada congressional delegation.
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Senate Joint Resolution No. 24Committee on Taxation
FILE NUMBER 90
SENATE JOINT RESOLUTIONMemorializing the Congress of the United States to repeal legislation requiring that social security benefits payable to a spouse or surviving spouse be reduced by the amount received as a pension from certain public retirement systems.
Whereas, Congress has enacted legislation which requires that social security benefits payable to a spouse or surviving spouse be reduced by the amount received as a pension from certain public retirement systems; and
Whereas, That provision of law is unfair and discriminatory in that it applies only to amounts received from certain public retirement systems and does not apply to amounts received from private pension plans or certain other sources of income; and
Whereas, That provision of law does not significantly enhance the funding of the social security system; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the Congress of the United States is hereby memorialized to enact HR 2140 introduced by the Honorable Chalmers P. Wylie, which would repeal the provision of law which requires that social security benefits payable to a spouse or surviving spouse be reduced by the amount received as a pension from certain public retirement systems; 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 President of the Senate, to every member of the United States Senate and the House of Representatives and to the Secretary of Health, Education and Welfare; and be it further
κ1979 Statutes of Nevada, Page 1992 (FILE NUMBER 90, SJR 24)κ
the Vice President of the United States as President of the Senate, to every member of the United States Senate and the House of Representatives and to the Secretary of Health, Education and Welfare; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
________
Senate Concurrent Resolution No. 57Committee on Legislative Functions
FILE NUMBER 91
SENATE CONCURRENT RESOLUTIONAuthorizing expenditure from the legislative fund for travel expenses and a subsistence allowance to certain persons for their appearance before the senate and assembly committees on legislative functions.
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 to James H. Joy of Denver, Colorado, Rupert Hernandez of Santa Fe, New Mexico, Herbert E. Ellingwood of Sacramento, California, and Kitty Ragin of Salt Lake City, Utah, for appearing before the senate and assembly committees on legislative functions.
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Assembly Resolution No. 26Committee on Legislative Functions
FILE NUMBER 92
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 must 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 60th session of the legislature.
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κ1979 Statutes of Nevada, Page 1993κ
Senate Resolution No. 14Committee on Legislative Functions
FILE NUMBER 93
SENATE RESOLUTIONProviding for the appointment of an additional attache.
Resolved by the Senate of the State of Nevada, That Carol L. Taylor is elected as an additional attache of the senate for the 60th session of the legislature of the State of Nevada.
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Assembly Concurrent Resolution No. 13Assemblyman Rhoads
FILE NUMBER 94
ASSEMBLY CONCURRENT RESOLUTIONAllocating certain proceeds of the 1976 park bond issue for and authorizing the purchase of certain property near Wildhorse Reservoir in Elko County, Nevada.
Whereas, At the 1976 general election the voters of Nevada approved a proposal to issue general obligation bonds of the State of Nevada for the acquisition of habitat for fish and game, among other purposes; and
Whereas, General obligation bonds have been issued for this purpose; and
Whereas, The Nevada department of fish and game has applied successively to the interim finance committee and to the legislature for permission to purchase certain land near Wildhorse Reservoir in Elko County, Nevada; and
Whereas, A portion of the money raised by the issuance of those state general obligation bonds has not been expended or encumbered and is available for acquisition of lands near Wildhorse Reservoir; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That $260,000 of the money raised by the sale of state general obligation bonds for the acquisition of habitat for fish and game is allocated for the benefit of the Nevada department of fish and game for the purchase of a parcel of land descried as follows:
The west 1/2 of the northeast 1/4 of section 32, T. 44 N., R. 55 E., M.D.B. & M., containing 80 acres of land, more or less; and be it further
Resolved, That $96,000 of the money raised by the sale of state general obligation bonds for the acquisition of habitat for fish and game is allocated for the benefit of the Nevada department of fish and game for the purchase of a parcel of land described as follows:
The southeast 1/4 of the southeast 1/4 of section 31, T. 44 N., R. 55 E., M.D.B. & M., containing 40 acres of land, more or less; and be it further
Resolved, That the division of state lands of the state department of conservation and natural resources is authorized to acquire the land described in this resolution for the use of the Nevada department of fish and game.
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κ1979 Statutes of Nevada, Page 1994κ
Assembly Concurrent Resolution No. 45Assemblymen Weise, Rusk, Wagner, Webb, Coulter, Mello, Westall, Prengaman, Bedrosian and Barengo
FILE NUMBER 95
ASSEMBLY CONCURRENT RESOLUTIONRequesting the department of highways to promptly select route for a certain freeway in Washoe County, Nevada.
Whereas, Washoe County and the surrounding area has been undergoing a dramatic and dynamic period of economic growth; and
Whereas, Economic growth and the attendant growth in population is expected to continue; and
Whereas, It is extremely difficult for the planning agencies and the board of county commissioners of Washoe County to adequately plan for growth without well-defined plans; and
Whereas, The department of highways is involved in the planning for the construction of a freeway from the Winters Ranch in Washoe Valley to South Virginia Street in the City of Reno; and
Whereas, It is necessary to identify transportation corridors for local planning agencies and other governmental entities to adequately plan for the controlled growth of Washoe County; and
Whereas, It is not readily apparent that any major step has been taken toward the selection of a final alignment for that transportation corridor; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the department of highways is requested to promptly take the necessary actions to develop and finalize the alignment of the transportation corridors between South Virginia Street in the City of Reno and the Winters Ranch in Washoe Valley by creating a current regional transportation plan and environmental impact reports and statements concerning the corridors; and be it further
Resolved, That the department of highways is requested to investigate all sources of funding for the freeway project including general obligation bonds of the state, special appropriations from the state, federal aid and other sources of funding which may be available to the department of highways for the construction of the project.
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Assembly Concurrent Resolution No. 55Assemblymen Bennett, Chaney, Wagner, Vergiels and Sena
FILE NUMBER 96
ASSEMBLY CONCURRENT RESOLUTIONApproving an application by the mental hygiene and mental retardation division of the department of human resources to the Max C. Fleischmann Foundation of Nevada to obtain a grant for mental health and mental retardation facilities.
Whereas, Chapter 123 of the Statutes of Nevada 1977 authorizes the mental hygiene and mental retardation division of the department of human resources to submit one or more applications before July 1, 1979, for donations or grants to construct mental health and retardation facilities; and
κ1979 Statutes of Nevada, Page 1995 (FILE NUMBER 96, ACR 55)κ
for donations or grants to construct mental health and retardation facilities; and
Whereas, The statute requires that before submitting such an application, the division must present the application to the legislature for approval by concurrent resolution if the legislature is in session; and
Whereas, The mental hygiene and mental retardation division, in coordination with the health division of the department of human resources, has prepared an application to the Max C. Fleischmann Foundation of Nevada for donations or grants to construct mental health and mental retardation facilities; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislature hereby approves the application prepared by the mental hygiene and mental retardation division of the department of human resources for submission to the Max C. Fleischmann Foundation of Nevada to obtain donations or grants; and be it further
Resolved, That any money received pursuant to the application may be expended to acquire real property in the name of the State of Nevada upon which to construct the facilities if construction and use of the facilities does not violate any terms and conditions imposed by the donor.
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Assembly Concurrent Resolution No. 8The Washoe County Delegation
FILE NUMBER 97
ASSEMBLY CONCURRENT RESOLUTIONDirecting the sale of additional bonds for park purposes and partially allocating the proceeds.
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 $3,500,000 to be partially allocated as provided in this resolution; and be it further
Resolved, That from the proceeds of the sale of the bonds there is allocated to the City of Sparks, Nevada, $200,000 for park purposes, and to Washoe County, Nevada, $640,000 for the acquisition of that land commonly called the San Rafael Ranch for use as a public park, as the Ranch is described in section 4 of chapter 316, Statutes of Nevada 1977; and be it further
Resolved, That any money allocated by this resolution to Washoe County, Nevada, which is not used for the acquisition of the San Rafael Ranch before July 1, 1981, becomes available for reallocation by the legislature or the interim finance committee pursuant to section 3 of chapter 660, Statutes of Nevada 1975, as amended by chapter 409, Statutes of Nevada 1977.
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κ1979 Statutes of Nevada, Page 1996κ
Assembly Concurrent Resolution No. 58Assemblyman Getto
FILE NUMBER 98
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Clarence L. Young of Lovelock, Nevada.
Whereas, The members of the legislature of the State of Nevada are greatly saddened by the passing of a pioneer native of Nevada, Clarence L. Young of Lovelock, in September, 1978; and
Whereas, Mr. Young was born in Lovelock, Nevada, on August 17, 1886, and attended public schools in Lovelock and the engineering college of the University of Nevada in Reno; and
Whereas, This industrious citizen was associated with his father in ranching, and he supervised the construction of the Lovelock and Woolsey Light and Power Company on the ranch, and served as its superintendent until it was sold 9 years later; and
Whereas, Clarence L. Young become the first auditor of Pershing County when it was created, and after studying law at home, was admitted to the state bar in 1922 and began a law practice which served his community for 54 years, until his retirement; and
Whereas, Mr. Young also served his community as a member of its school board, county recorder, justice of the peace, city attorney and as an active member of the Lovelock Methodist Church; and
Whereas, Mr. Young was also an active Freemason and a member of the York and Scottish Rites of Freemasonry and the Shrine, and his brethren conferred their highest honor on him by electing him Most Worshipful Grand Master of Masons in the State of Nevada in 1925; and
Whereas, Clarence was preceded in death by his wife, Florence Anker Young, in 1976, and is survived by two sons, state senator and former Congressman C. Clifton Young of Reno and district judge Llewellyn A. Young of Lovelock, and his daughter, Merle Young Nesbitt of Weed Heights, by nine grandchildren and four great-grandchildren; and
Whereas, Clarence L. Young was one of the builders of Nevada in the first half of the 20th century, and his contributions will benefit the people of our state for decades to come; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That we extend our deepest sympathy to the family of Clarence L. Young, and especially to our friend and colleague, Senator C. Clifton Young, on the passing of their father; and be it further
Resolved, That we join with all Nevadans in mourning the loss of a man who made such great and lasting contributions to the development of our state; and be it further
Resolved, That a copy of this resolution be prepared and transmitted by the legislative counsel to the Honorable C. Clifton Young for acceptance on behalf of the family of Clarence L. Young.
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κ1979 Statutes of Nevada, Page 1997κ
Senate Concurrent Resolution No. 45Senators Ford and Gibson
FILE NUMBER 99
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission through the legislative counsel bureau to make a compilation of special and local acts.
Whereas, The creation of Nevada Revised Statutes in 1957 provided a codification of the laws of this state of general application and a system for keeping that codification current; and
Whereas, Since 1861 a large number of laws of special or local application have been enacted by the legislature and many of those laws still have continuing effect; and
Whereas, There is no adequate index or other device which permits easy access to those special and local acts; and
Whereas, The legislative counsel bureau maintains records concerning the enactment, amendment and repeal of all special and local acts in the regular course of its business; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to initiate a project to be carried out by the legislative counsel bureau to:
1. Prepare and publish an index of all special and local acts of the Territory of Nevada and the State of Nevada which by their terms have a continuing effect;
2. Cross reference those special and local acts at appropriate places in Nevada Revised Statutes; and
3. Codify selected special and local acts in a companion volume to Nevada Revised Statutes; and be it further
Resolved, That the index be completed before the 61st session of the legislature convenes.
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Assembly Joint Resolution No. 29Committee on Ways and Means
FILE NUMBER 100
ASSEMBLY JOINT RESOLUTIONRequesting the Congress of the United States to submit to each state legislature for ratification a proposed amendment to the United States Constitution which would establish the sovereign immunity of each state from any unconsented suits in the courts of another state except to the extent that the immunity is waived in its own courts or is waived as a matter of comity with another state.
Whereas, The United States Supreme Court in the case of State of Nevada v. Hall, 99 S.Ct. 1182 (1979), has held that there is no constitutional language or doctrine which provides any basis for restricting one states exercise of its judicial power over another state in a private tort action brought against the other state; and
Whereas, The court has further held that the state of the forum is not required to respect any statutory limitations placed by the other state upon its waiver of sovereign immunity; and
κ1979 Statutes of Nevada, Page 1998 (FILE NUMBER 100, AJR 29)κ
Whereas, As its ultimate consequences, the courts holding may open the door to avenues of liability and interstate retaliation that will prove unsettling and upsetting to the federal system of government; and
Whereas, There are many indications that the framers of the United States Constitution intended, and that many courts have assumed, that the states were immune from suit in the courts of their sister states; and
Whereas, The Eleventh Amendment to the United States Constitution nullified the decision of the United States Supreme Court, in Chisholm v. Georgia, 2 Dall. 419 (1793), in which a state had been held answerable to a suit brought by a private citizen of another state in a federal court; and
Whereas, A states right to sovereign immunity has been described in expansive terms in prior opinions of the United States Supreme Court, including statements to the effect that a states freedom from unconsented litigation was a constitutional right obtained by means of the Eleventh Amendment; and
Whereas, The decision in State of Nevada v. Hall, greatly dilutes the sovereignty of each state of the Union by permitting the courts of each state to treat a sister state in the same manner as a private litigant and not as a sovereign entity; and
Whereas, The strength of the American system of government lies in the principles of cooperative federalism and state parity; and
Whereas, Under article V of the United States Constitution, Congress may propose amendments to the constitution whenever two-thirds of both houses deem it necessary; now, therefore, be it
Resolved by the Assembly and Senate 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 a proposed amendment to the United States Constitution which would limit the exercise of judicial power by the courts of one sovereign state over another sovereign state in unconsented suits, and that the proposed amendment be in substantially the following form:
Each state of the United States shall be immune from any suits in law or equity commenced or prosecuted in the courts of another state by citizens of any other state or by citizens or subjects of any foreign state except to the extent that any state has waived its sovereign immunity in its own courts or has waived its immunity as a matter of comity with any other state.;
and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the President of the Senate and the Speaker of the House of Representatives of the United States, 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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κ1979 Statutes of Nevada, Page 1999κ
Assembly Joint Resolution No. 2 of the 59th SessionAssemblymen Barengo, Mann, Hickey, Wagner and Schofield
FILE NUMBER 101
ASSEMBLY JOINT RESOLUTIONProposing to amend the Nevada constitution to create an intermediate appellate court.
[To go on 1980 general election ballot]
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.
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 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.
κ1979 Statutes of Nevada, Page 2000 (FILE NUMBER 101, AJR 2 of the 59th Session)κ
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 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. 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 for 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;
κ1979 Statutes of Nevada, Page 2001 (FILE NUMBER 101, AJR 2 of the 59th Session)κ
(b) Three members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by the governor.
4. Each nomination for the district court shall be made by a temporary commission composed of:
(a) The permanent commission;
(b) A member of the State Bar of Nevada resident in the judicial district in which the vacancy occurs, appointed by the board of governors of the State Bar of Nevada; and
(c) A resident of such judicial district, not a member of the legal profession, appointed by the governor.
5. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or if it fails to do so the court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.
6. The term of office of each appointive member of the permanent commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. The additional members of a temporary commission shall be appointed when a vacancy occurs, and their term 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;
κ1979 Statutes of Nevada, Page 2002 (FILE NUMBER 101, AJR 2 of the 59th Session)κ
(b) Two members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by the governor.
The commission shall elect a chairman from among its three lay members.
3. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or if it fails to do so the court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.
4. The term of office of each appointive member of the commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. An appointing authority shall not appoint more than one resident of any county. The governor shall not appoint more than two members of the same political party. No member may be a member of a commission on judicial selection.
5. The supreme court shall make appropriate rules for:
(a) The confidentiality of all proceedings before the commission, except a decision to censure, retire or remove a justice or judge.
(b) The grounds of censure.
(c) The conduct of investigations and hearings.
6. No justice or judge may by virtue of this section be:
(a) Removed except for willful misconduct, willful or persistent failure to perform the duties of his office or habitual intemperance; or
(b) Retired except for advanced age which interferes with the proper performance of his judicial duties, or for mental or physical disability which prevents the proper performance of his judicial duties and which is likely to be permanent in nature.
7. Any person may bring to the attention of the commission any matter relating to the fitness of a justice or judge. The commission shall, after preliminary investigation, dismiss the matter or order a hearing to be held before it. If a hearing is ordered, a statement of the matter shall be served upon the justice or judge against whom the proceeding is brought. The commission in its discretion may suspend a justice or judge from the exercise of his office pending the determination of the proceedings before the commission. Any justice or judge whose removal is sought is liable to indictment and punishment according to law. A justice or judge retired for disability in accordance with this section is entitled thereafter to receive such compensation as the legislature may provide.
8. If a proceeding is brought against a justice of the supreme court, no justice may sit on the commission for that proceeding. If a proceeding is brought against a judge of the court of appeals, no judge of that court may sit on the commission for that proceeding. If a proceeding is brought against a district judge, no judge from the same judicial district may sit on the commission for that proceeding. If an appeal is taken from an action of the commission to the supreme court, any justice who sat on the commission for that proceeding is disqualified from participating in the consideration or decision of the appeal.
κ1979 Statutes of Nevada, Page 2003 (FILE NUMBER 101, AJR 2 of the 59th Session)κ
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.
[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.
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κ1979 Statutes of Nevada, Page 2004κ
Senate Resolution No. 15Senators Neal, Don Ashworth, Keith Ashworth, Blakemore, Close, Dodge, Echols, Faiss, Ford, Gibson, Glaser, Hernstadt, Jacobson, Kosinski, Lamb, McCorkle, Raggio, Sloan, Wilson and Young
FILE NUMBER 102
SENATE RESOLUTIONCommending Albert LaGrande Tyler for his services to education at Stewart Indian School.
Whereas, Albert LaGrande Tyler, this states first black high school coach, is retiring after 33 years of federal service, for 23 years of which he served as the athletic director and coach of the Stewart Indian School; and
Whereas, Mr. Tyler was born in Yoakum, Texas, on August 1, 1922, and received a baccalaureate degree from Samuel Houston College and a master of arts degree from Texas Southern University; and
Whereas, Coach Tyler was determined to improve the quality of competition and coaching at Stewart Indian School and through his efforts programs in track, basketball and football were reorganized; and
Whereas, Coach Tyler also reorganized the schools Lettermens Association and its boosters organization because of his keen appreciation that a team is only as strong as its supporters; now, therefore, be it
Resolved by the Senate of the State of Nevada, That the members of the senate of the 60th session of the Nevada legislature commend Albert LaGrande Tyler for his many years of faithful service to the Federal Government, and especially to the student body of Stewart Indian School; and be it further
Resolved, That the members of this body hereby extend their gratitude to Coach Tyler for his enthusiastic pursuits to instill in Nevadas youth the value of a competitive spirit coupled with integrity and sportsmanship; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Albert LaGrande Tyler.
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Assembly Resolution No. 27Committee on Legislative Functions
FILE NUMBER 103
ASSEMBLY RESOLUTIONProviding for the appointment of an additional assembly attache.
Resolved by the Assembly of the State of Nevada, That Michael S. Beazley is elected as an additional attache of the assembly for the 60th session of the legislature of the State of Nevada.
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κ1979 Statutes of Nevada, Page 2005κ
Assembly Joint Resolution No. 30Committee on Judiciary
FILE NUMBER 104
ASSEMBLY JOINT RESOLUTIONProposing to amend section 14 of article 5 of the constitution of the State of Nevada, relating to commutations of sentences, by prohibiting the commutation of a sentence of death or life imprisonment without possibility of parole to a sentence which would allow parole except as may be provided by law.
[To be returned to 1981 legislature]
Resolved by the Assembly and Senate of the State of Nevada, jointly, That section 14 of article 5 of the constitution of the State of Nevada be amended to read as follows:
Sec. 14. 1. The governor, justices of the supreme court, and attorney general, or a major part of them, of whom the governor shall be one, may, upon such conditions and with such limitations and restrictions as they may think proper, remit fines and forfeitures, commute punishments, except as provided in subsection 2, and grant pardons, after convictions, in all cases, except treason and impeachments, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
2. Except as may be provided by law, a sentence of death or a sentence of life imprisonment without possibility of parole may not be commuted to a sentence which would allow parole.
3. The legislature is authorized to pass laws conferring upon the district courts authority to suspend the execution of sentences, fix the conditions for, and to grant probation, and within the minimum and maximum periods authorized by law, fix the sentence to be served by the person convicted of crime in said courts.
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Senate Concurrent Resolution No. 59Committee on Finance
FILE NUMBER 105
SENATE CONCURRENT RESOLUTIONExpressing appreciation to Bell Telephone Company of Nevada for the services rendered by its message center to the Nevada legislature during its 60th session.
Whereas, Efficient and dependable communications are vital for the proper functioning of Nevadas legislative sessions; and
Whereas, The 60th session of the legislature of the State of Nevada has again been ably and effectively served by the message center provided by Nevada Bell; and
Whereas, The personnel of the message center are to be commended for their courteous and conscientious service; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 60th session of the legislature of the State of Nevada hereby express their appreciation to Bell Telephone Company of Nevada and its managers and employees for services rendered; and be it further
κ1979 Statutes of Nevada, Page 2006 (FILE NUMBER 105, SCR 59)κ
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Nevada Bell.
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Senate Resolution No. 16Committee on Legislative Functions
FILE NUMBER 106
SENATE RESOLUTIONProviding for the appointment of additional Senate attaches.
Resolved by the Senate of the State of Nevada, That Margaret H. de Runtz and Jim Tatro are elected as additional attaches of the senate for the 60th session of the legislature of the State of Nevada.
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Assembly Joint Resolution No. 28Committee on Government Affairs
FILE NUMBER 107
ASSEMBLY JOINT RESOLUTIONMemorializing the Congress of the United States to enact legislation which would return to the states the right to regulate or participate in the regulation of safety and health in mines.
Whereas, The existence of the small mine operator, who plays an important part in the mining industry, is endangered by the effect of the Federal Mine Safety and Health Act of 1977 (P.L. 95164); and
Whereas, That act defines a mine to include areas and activities not normally considered part of a mine; and
Whereas, That act has caused a further erosion of the basic rights of states by excluding any participation by a state in the regulation and inspection of mines with respect to mine safety and health standards; and
Whereas, There are distinct differences in mining operations across the nation which are best understood and regulated on the state level rather than on the national level which is inflexible and incompatible with the needs and conditions of mining operators in many states; and
Whereas, The right of a state to develop its own regulatory program and perform its own inspections of mines relating to safety and health standards should be perserved; and
Whereas, Accident statistics of the mining industry have shown significant improvement in mine safety where there has been cooperative programs between state agencies, private industry and labor; 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 enact legislation which would return to the states the right to regulate or participate in the regulation of mines with respect to mine safety and health standards; and be it further
κ1979 Statutes of Nevada, Page 2007 (FILE NUMBER 107, AJR 28)κ
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the Vice President of the United States as presiding officer of the Senate, to the Speaker of the House of Representatives and to all members of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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Assembly Joint Resolution No. 36Assemblymen Rusk, Coulter, Barengo, Polish, Stewart, Jeffrey, Fielding, Prengaman, Weise, Dini, Westall, Mann, Bergevin, Marvel, Bremner, FitzPatrick, Malone, Webb, Rhoads and Getto
FILE NUMBER 108
ASSEMBLY JOINT RESOLUTIONUrging the United States Fish and Wildlife Service to abandon certain projects which use large amounts of water from Truckee River.
Whereas, The population of the Truckee Meadows area which includes the cities of Reno and Sparks and nearby communities is rapidly growing; and
Whereas, This increase in population means a greater demand for water; and
Whereas, There is a limited water supply in the area; and
Whereas, The area has not recovered from a drought in 1976 and 1977; and
Whereas, The limited amount of available water is, therefore, a precious resource which should not be wasted in any way; and
Whereas, The United States Fish and Wildlife Service is engaged in programs which use 1,200 acre-feet of water a day to cool the Truckee River and to aid the Lahontan cutthroat trout and cui-ui suckers in Pyramid Lake to spawn; and
Whereas, The success of those programs is, at best, questionable; and
Whereas, The water used by the United States Fish and Wildlife Service is being taken from the same reservoirs which provide water to the people of the Truckee Meadows area; and
Whereas, While the legislature of this state recognizes the environmental importance of the federal projects, it nonetheless feels that the people should be given priority to the water; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature hereby urges the United States Fish and Wildlife Service to abandon their projects which reduce the available water supply from the Truckee River until such a time as there is adequate water in the reservoirs to provide for the needs of the people; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to the United States Fish and Wildlife Service; and be it further
κ1979 Statutes of Nevada, Page 2008 (FILE NUMBER 108, AJR 36)κ
Resolved, That this resolution shall become effective upon passage and approval.
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Senate Resolution No. 17Senator Gibson
FILE NUMBER 109
SENATE RESOLUTIONDesignating certain senators as members of the legislative commission and providing for the method of selecting alternate members.
Resolved by the Senate of the State of Nevada, That pursuant to the provisions of NRS 218.660 and the joint rules of the legislature, Senators Keith Ashworth, Richard E. Blakemore, Melvin D. Close, Jr., Carl F. Dodge, Lawrence E. Jacobsen and Thomas R. C. Wilson are designated as the regular senate members of the legislative commission; Senators Jean E. Ford, Don W. Ashworth, James N. Kosinski and Joe Neal are designated as the first, second, third and fourth alternate members, respectively, for Senators Keith Ashworth, Richard E. Blakemore, Melvin D. Close, Jr., and Thomas R. C. Wilson; Senators Clifford McCorkle and C. Clifton Young are designated as the first and second alternate members, respectively, for Senators Carl F. Dodge and Lawrence E. Jacobsen; and be it further
Resolved, That if a regular member of the legislative commission is absent from a meeting of the legislative commission, an alternate member designated for the regular member must be selected to replace the regular member during his absence at that meeting. The alternate member to serve at the meeting must be selected as follows:
1. The secretary of the legislative commission shall establish a record of service of alternate members at meetings of the legislative commission, and shall maintain a list of the alternate members representing the majority party and a separate list of the alternate members representing the minority party. Each list must contain a numerical designation in ascending order for each alternate member on the list. The initial sequence in which the alternate members must be listed must correspond to their designation as alternates in this resolution.
2. If a regular member of the legislative commission is unable to attend a scheduled meeting of the commission, and notifies the secretary of the commission, the secretary shall request the alternate member with the lowest numerical designation on the appropriate list to replace the regular member at the meeting. If that alternate member does not agree to serve, the secretary shall make the same request of the alternate member with the next higher numerical designation on the list, and so on through the list until an alternate member agrees to replace the regular member.
3. An alternate member who agrees to replace a regular member at a meeting of the legislative commission loses the numerical designation he had on the appropriate list at the time he was requested to serve. The secretary of the legislative commission shall, when the alternate member agrees to replace the regular member, assign to that alternate member the highest numerical designation on the appropriate list.
κ1979 Statutes of Nevada, Page 2009 (FILE NUMBER 109, SR 17)κ
secretary of the legislative commission shall, when the alternate member agrees to replace the regular member, assign to that alternate member the highest numerical designation on the appropriate list. At the same time, the secretary shall also reduce by one the numerical designation in the appropriate list to those alternate members who have higher numerical designations in the appropriate list than the alternative member who agreed to serve.
4. An alternate member who is requested to replace a regular member at a meeting of the legislative commission, but who does not agree to replace the regular member, does not lose the numerical designation he had on the appropriate list at the time of the request.
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Senate Concurrent Resolution No. 58Committee on Government Affairs
FILE NUMBER 110
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to study the apportionment of the costs of the Las Vegas metropolitan police department.
Whereas, There is a growing concern as to the fairness of the present scheme for the apportionment of the costs of the Las Vegas metropolitan police department; and
Whereas, The governing bodies of both Clark County and the City of Las Vegas agree that the apportionment of those costs should be changed; and
Whereas, There is not enough time remaining in the 60th session of the legislature to determine what formula will achieve the greatest degree of equity for the apportionment of those costs; 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 allocation of the costs of the Las Vegas metropolitan police department between the county and the city and recommend any revisions necessary to achieve a more equitable allocation; and be it further
Resolved, That the legislative commission is directed to include in the study:
1. An analysis of the cost effectiveness and degree of police protection currently provided by the metropolitan police department compared with what was provided by the county sheriffs office and the city police department;
2. An analysis of the costs for the administrative support of the metropolitan police department;
3. An analysis of the budgetary and financial management functions of the metropolitan police department; and
4. An examination of the comparative resources allocated to the support and field operations of the metropolitan police department;
and be it further
κ1979 Statutes of Nevada, Page 2010 (FILE NUMBER 110, SCR 58)κ
Resolved, That the legislative commission is directed to hire consultants to assist in the study; and be it further
Resolved, That if the study indicates that during the fiscal years 197980 and 198081 the formula for allocation of costs did not achieve an equitable result, the legislative commission is directed to determine the percentage adjustment which should be made to compensate for the inequities of that 2-year period and recommend to the 61st session of the legislature means of altering the allocation of costs under any future formula so that the adjustment is spread over a period of successive years until the compensation for the inequities of those 2 years is complete; and be it further
Resolved, That the results of the study and any recommended legislation be reported to the 61st session of the legislature.
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Senate Concurrent Resolution No. 60Committee on Finance
FILE NUMBER 111
SENATE CONCURRENT RESOLUTIONAuthorizing the acceptance by the Lost City museum of a grant from the Max C. Fleischmann Foundation for the purchase of certain land.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the Lost City museum is hereby authorized to accept a grant of $135,000 from the Max C. Fleischmann Foundation for the purchase of land in the immediate vicinity of the Overton airport to preserve Indian ruins upon the land; and be it further
Resolved, That this authority is granted to the Lost City museum in lieu of the approval of the interim finance committee to accept grants required by section 4 of chapter 364, Statutes of Nevada 1979, because the legislature is still in session and the interim finance committee under NRS 218.6822 may exercise the powers conferred upon it by law only when the legislature is not in regular or special session.
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Senate Concurrent Resolution No. 61Committee on Finance
FILE NUMBER 112
SENATE CONCURRENT RESOLUTIONRescinding Assembly Concurrent Resolution No. 8 of the 60th session of the Nevada legislature, directing the sale of additional bonds for park purposes and partially allocating the proceeds.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That Assembly Concurrent Resolution No. 8 of the 60th session of the Nevada legislature is hereby rescinded; and be it further
κ1979 Statutes of Nevada, Page 2011 (FILE NUMBER 112, SCR 61)κ
Resolved, 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 $1,000,000 to be partially allocated as provided in this resolution; and be it further
Resolved, That from the proceeds of the sale of the bonds there is allocated to the City of Sparks, Nevada, $200,000 for park purposes, and to Washoe County, Nevada, $640,000 for the acquisition of that land commonly called the San Rafael Ranch for use as a public park, as the Ranch is described in section 4 of chapter 316, Statutes of Nevada 1977; and be it further
Resolved, That any money allocated by this resolution to Washoe County, Nevada, which is not used for the acquisition of the San Rafael Ranch before July 1, 1981, becomes available for reallocation by the legislature or the interim finance committee pursuant to section 3 of chapter 660, Statutes of Nevada 1975, as amended by chapter 409, Statutes of Nevada 1977.
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Senate Concurrent Resolution No. 63Senators Raggio, Don Ashworth, Keith Ashworth, Blakemore, Close, Dodge, Echols, Faiss, Ford, Gibson, Glaser, Hernstadt, Jacobsen, Kosinski, Lamb, McCorkle, Neal, Sloan, Wilson and Young
FILE NUMBER 113
SENATE CONCURRENT RESOLUTIONMemorializing the late E. Frandsen Bud Loomis, former state legislator.
Whereas, This body notes with sorrow the recent passing of E. Frandsen Bud Loomis, former state senator and assemblyman; and
Whereas, Although Mr. Loomis was a member of one of Nevadas pioneer families, he was born in Buenos Aires, Argentina, on April 6, 1909, during a family trip to South America where his father, an eminent portrait photographer, was photographing each of the presidents of the Latin American countries; and
Whereas, Mr. Loomis had a lengthy and distinguished career in public service which included being elected to the Nevada Assembly in 1938, and service in the Nevada Senate from 1947 to 1951; and
Whereas, Mr. Loomis had attended the University of Nevada at Reno and in 1938 was graduated from Hastings College of Law; and
Whereas, In 1954 Mr. Loomis was appointed as attorney for the Nevada tax commission where he served for 3 years in conjunction with a similar position for the state gaming control board; in 1957 Mr. Loomis began a private practice which he maintained until his retirement in 1969; and
κ1979 Statutes of Nevada, Page 2012 (FILE NUMBER 113, SCR 63)κ
Whereas, In addition to being a successful entrepreneur, Mr. Loomis and his wife owned and managed a hotel and restaurant in downtown Reno, he was a member of the Elks Lodge and the Prospectors Club and had served for several years on the board of directors of the YMCA; Mr. Loomis had also been the finance chairman for the Boy Scouts of America in Reno and had helped raise money to form the convention bureau for the Reno Chamber of Commerce; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 1979 session of the legislature of the State of Nevada express their sorrow and extend their deepest sympathies to the family of E. Frandsen Bud Loomis; and be it further
Resolved, That when this body adjourns today, it do so in the memory of Bud Loomis, who will be remembered by countless Nevadans for his innumerable contributions to the state he proudly served; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to Mr. Loomis widow, Cebe, their daughter, Del Haas, and sons Andrew, Christian and Just.
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Assembly Concurrent Resolution No. 31Committee on Legislative Functions
FILE NUMBER 114
ASSEMBLY CONCURRENT RESOLUTIONAdding new Joint Rule for the 60th session of the legislature.
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the Joint Rules of the 60th session are amended by the addition of the following rule:
12
RECORDING COMMITTEE PROCEEDINGS ON AUDIO TAPE
1. Each standing committee of the legislature shall record on audio tape the proceedings of its meetings.
2. The secretary of a standing committee shall:
(a) Label each tape with the date, time and place of the meeting and also indicate on the label the numerical sequence in which the tape was recorded;
(b) Keep the tapes in chronological order; and
(c) Deposit the tapes immediately following the final adjournment of any regular or special session of the legislature with the director of the legislative counsel bureau.
3. The director of the legislative counsel bureau shall:
(a) Index the tapes;
(b) Make the tapes available for listening by any person during office hours under such reasonable conditions as he may deem necessary;
(c) Maintain a log as a public record containing the date, time, name and address of any person listening to any tapes and identifying the tapes listened to; and
κ1979 Statutes of Nevada, Page 2013 (FILE NUMBER 114, ACR 31)κ
and address of any person listening to any tapes and identifying the tapes listened to; and
(d) Retain the tapes for two bienniums and at the end of that period dispose of the tapes in any manner he deems reasonable.
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Assembly Concurrent Resolution No. 33Assemblyman Vergiels
FILE NUMBER 115
ASSEMBLY CONCURRENT RESOLUTIONPrescribing the method of preparing and submitting budgets for certain agencies and for reporting those budgets to the interim finance committee.
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the following agencies of the state shall submit budgets prepared by a method which presumes initially that there is no justification for any item of expenditure, and which requires that each agency justify each item of its budget and indicate the relative priority of its proposed expenditures, to the budget division of the department of administration before September 1, 1980:
1. The bureau of community health services of the health division of the department of human resources;
2. The Nevada racing commission;
3. The real estate division of the department of commerce;
4. The personnel division of the department of administration;
5. The chancellor of the University of Nevada System for his office, the computing center and the university press; and
6. The welfare division of the department of human resources for its administration of the distribution of food stamps issued by the United States Department of Agriculture; and be it further
Resolved, That the budget division of the department of administration is directed to oversee the preparation of the budgets required by this resolution and to transmit the budgets which it receives to the legislative counsel bureau when it receives them.
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Assembly Concurrent Resolution No. 61Assemblymen May, Westall, Stewart, Dini, Banner, Robinson, Harmon, Sena, Jeffrey, Cavnar, Rhoads and Malone
FILE NUMBER 116
ASSEMBLY CONCURRENT RESOLUTIONProviding for the compensation of clergy for services rendered to the assembly and senate in the 60th 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
κ1979 Statutes of Nevada, Page 2014 (FILE NUMBER 116, ACR 61)κ
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 $20 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 60th session of the Nevada legislature.
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Senate Joint Resolution No. 27Senators Gibson, Jacobsen, Close, Raggio, Don Ashworth, Keith Ashworth, Blakemore, McCorkle, Faiss, Lamb, Echols and Glaser.
FILE NUMBER 117
SENATE JOINT RESOLUTIONRequesting the Congress of the United States to call a convention limited to proposing an amendment to the Constitution to restrict abortion.
Whereas, Each human life is precious and irreplaceable and entitled to the full protection of the law; and
Whereas, It is appropriate that the Constitution of the United States of America guarantee that each human being has a right to life which must remain inviolate; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That this legislature requests the Congress of the United States to call a convention limited to proposing an amendment to the Constitution of the United States to protect human life by restricting abortion; and be it further
Resolved, That this legislature suggests to the convention so to be called that the proposed amendment should allow abortion in cases where the pregnancy results from rape or incest and in cases where continuation of the pregnancy would seriously endanger the life of the mother; and be it further
Resolved, That this legislature conditions this request upon the Congress of the United States establishing appropriate restrictions limiting the subject matter of a convention called pursuant to this resolution to the restriction of abortion, and if the Congress fails so to limit the subject matter, this resolution has no effect and must be considered a nullity; and be it further
Resolved, That a copy of this resolution be immediately transmitted by the legislative counsel to the Vice President of the United States as President of the Senate, to the Speaker of the House of Representatives, 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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κ1979 Statutes of Nevada, Page 2015κ
Assembly Resolution No. 28Assemblyman May
FILE NUMBER 118
ASSEMBLY RESOLUTIONDesignating certain assemblymen as regular and alternate members of the legislative commission.
Resolved by the Assembly of the State of Nevada, That pursuant to the provisions of NRS 218.660, the following assemblymen are designated regular and alternate members of the legislative commission to serve until their successors are designated: Messrs. Robert R. Barengo, Joseph E. Dini, Jr., Virgil M. Getto, Paul W. May, Robert F. Rusk and Darrell D. Tanner are designated as the regular assembly members; Mrs. Peggy Burke Westall and Mr. Steve Coulter are designated as the first and second alternate members, respectively, for Mr. Robert R. Barengo; Messrs. John Polish and Jack F. Fielding are designated as the first and second alternate members, respectively, for Mr. Joseph E. Dini, Jr.; Messrs. Louis W. Bergevin and John Marvel are designated as the first and second alternate members, respectively, for Mr. Virgil M. Getto; Messrs. Nicholas J. Horn, Nash M. Sena, Robert E. Price and Lonie Chaney are designated as the first, second, third and fourth alternate members, respectively, for Mr. Paul W. May; Messrs. Robert L. Weise and Paul Prengaman are designated as the first and second alternate members, respectively, for Mr. Robert F. Rusk; Messrs. William D. Brady and Michael T. FitzPatrick are designated as the first and second alternate members, respectively, for Mr. Darrell D. Tanner.
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Assembly Resolution No. 29Assemblymen Tanner, Mann, Brady, FitzPatrick, Jeffrey, Sena, Fielding, Craddock, Chaney, Weise, Dini, Glover, Mello, Harmon, Westall, Horn, Vergiels, Barengo, Bergevin, Marvel, Banner, Robinson, Polish, Bremner, Rusk, Malone, Hayes, Getto and May
FILE NUMBER 119
ASSEMBLY RESOLUTIONCensuring the assemblyman from District No. 1 for derogatory statements made about other assemblymen.
Whereas, Each member of the assembly of the Nevada legislature owes to each other member of that body a certain restraint in expressing opinions of the integrity of the members in statements made to the press and public; and
Whereas, One member of the assembly has made derogatory statements which reflect on the personal integrity of many other members, including statements to the press; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the assemblyman from District No. 1 is hereby censured for certain statements made which reflect on the personal integrity of other members of the assembly.
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κ1979 Statutes of Nevada, Page 2016κ
Senate Joint Resolution No. 25Committee on Judiciary
FILE NUMBER 120
SENATE JOINT RESOLUTIONProposing to amend section 9 of article 6 of the constitution of the State of Nevada, relating to municipal courts, to allow for municipal courts of record.
[To be returned to 1981 legislature]
Resolved by the Senate and Assembly of the State of Nevada, jointly, That section 9 of article 6 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 9. Provision shall be made by law prescribing the powers, duties and responsibilities of any Municipal Court that may be established in pursuance of Section One, of this Article; and also fixing by law the jurisdiction of [said Court so as not to conflict with that of the several courts of Record.] that court.
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Assembly Concurrent Resolution No. 3Assemblymen Hayes, Horn, Mello, Barengo, Harmon, Stewart, Brady, Glover, Hickey, Jeffrey, Weise, Craddock, Westall, Prengaman, Sena and Coulter
FILE NUMBER 121
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the problems of owners and renters of mobile homes.
Whereas, The legislature of the State of Nevada is concerned with the problems of owners and renters of mobile homes, especially problems related to the scarcity of spaces in mobile home parks at reasonable rents; and
Whereas, The legislature believes that a study of the particular problems of owners and renters of mobile homes is needed; 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 problems of owners and renters of mobile homes; and be it further
Resolved, That the legislative commission submit a report of its findings and any recommendations for appropriate legislation to the 61st session of the legislature.
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κ1979 Statutes of Nevada, Page 2017κ
Assembly Concurrent Resolution No. 21Assemblymen May, Cavnar, Harmon, FitzPatrick, Price and Barengo
FILE NUMBER 122
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study data processing by the state government.
Whereas, Data processing is of the utmost importance in conducting state business; and
Whereas, Reviewing the ability of state government to perform its functions is a proper responsibility of the legislature; and
Whereas, The legislature has not undertaken a study of data processing by the state government in Nevada; and
Whereas, A legislative audit reviewing data processing by the state government concluded that a study is particularly needed; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission study data processing by the state government in Nevada with primary emphasis in the following areas:
1. The physical security of facilities in which data processing is performed;
2. The ability through backup information and recovery plans to duplicate data and enable a disrupted system for data processing to function again;
3. The security measures necessary to prevent unauthorized access to data; and
4. The administration, performance and structure of the function of data processing; and be it further
Resolved, That the legislative commission submit a report of its findings and recommendations to the 61st session of the Nevada legislature.
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Assembly Concurrent Resolution No. 22Assemblyman Westall
FILE NUMBER 123
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the public service commission of Nevada and the merits of requiring competitive bidding on large projects of construction or repair by public utilities.
Whereas, Public utilities affect human lives every day and are essential to the maintenance of a modern society; and
Whereas, Utilities are regulated by government primarily to ensure efficient service to the public and to protect the people against possible abuses; and
Whereas, The effectiveness of the regulation of public utilities is dependent upon the skill, policies and resources of governmental regulatory agencies; and
κ1979 Statutes of Nevada, Page 2018 (FILE NUMBER 123, ACR 22)κ
Whereas, The public service commission of Nevada was created by the legislature to regulate public utilities in this state for the general welfare of its people; and
Whereas, The cost of energy to consumers in this state continues to increase, and part of the cost arises from essential repair to existing facilities and construction of new facilities, the cost of which is passed on to consumers; and
Whereas, Public utilities are not presently required to use competitive bidding for any work which they may decide to accomplish with other than their own resources; and
Whereas, The services of public utilities are performed under exclusive public franchises and are similar to services provided by the state and its political subdivisions, which are required by law to use competitive bidding on large projects; and
Whereas, Public utilities supplying energy should function at the lowest possible cost commensurate with reasonable service to the public; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to conduct a study of the public service commission of Nevada, including without limitation, its relation to the utilities it regulates and to the public; and be it further
Resolved, That the legislative commission is hereby directed to study the merits of requiring competitive bidding on all large projects of construction or repair to be undertaken by public utilities; and be it further
Resolved, That the legislative commission report the results of its study and any recommended legislation to the 61st session of the Nevada legislature.
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Assembly Concurrent Resolution No. 29Assemblymen Price, Mann, Mello, Hickey, Malone, Rusk, Bremner, Polish, Marvel, Bergevin, Horn, Chaney, Sena, Bennett, Prengaman, Bedrosian, Dini, Coulter, Banner, Barengo, Hayes, Wagner, Weise, Cavnar, Jeffrey, Brady, Fielding, Craddock, Stewart, Tanner, Westall, Rhoads, Vergiels, Getto and May
FILE NUMBER 124
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study motor vehicle insurance rates and rating practices, the increased cost of motor vehicle repair and medical care, possible statutory changes affecting recovery under the tort liability system and related matters.
Whereas, Motor vehicles are expensive, often representing a familys largest or second largest capital investment, and are exposed to a high risk of damage or destruction while being operated on the highway or while left unattended; and
Whereas, Accidents involving motor vehicles often result in death or severe injury to the persons involved, which in turn results in a severe economic burden on those involved and their families; and
κ1979 Statutes of Nevada, Page 2019 (FILE NUMBER 124, ACR 29)κ
Whereas, Motor vehicle insurance represents the only practical protection for the owner and operator of a motor vehicle against large loss of property, expense of costly injuries, liability for damage to property of another or liability for the injury or death of another; and
Whereas, Motor vehicle insurance has become so expensive and the use of motor vehicles so necessary that many Nevadans are forced to violate the law by operating their motor vehicles without the required insurance coverage or other security; and
Whereas, The protection of the lives, safety and property of the people of Nevada is of immediate concern to the legislature; 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 rates charged by motor vehicle insurance carriers, the rating practices of those carriers, inflationary changes in the cost of motor vehicle repair and the cost of medical care, possible changes in laws affecting recovery under the tort liability system and other related matters; and be it further
Resolved, That the legislative commission submit a report of its findings and recommendations to the 61st session of the Nevada legislature.
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Assembly Concurrent Resolution No. 30Assemblymen Hickey, Chaney, May, Vergiels, Horn, Bergevin, Marvel, Polish, Bremner, Rusk, Malone, Webb, Price, Mann, Westall, Mello, Dini, Glover, Hayes, Sena, Fielding, Craddock, Prengaman, Rhoads, FitzPatrick, Brady, Tanner, Bennett, Weise, Barengo, Wagner, Cavnar, Robinson, Banner, Getto and Jeffrey
FILE NUMBER 125
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the maintenance of state highways as administered by the department of highways.
Whereas, The existence of a safe and efficient system of highways within the State of Nevada is essential to the economy and general welfare of the state; and
Whereas, The highways of the state have been aging and deteriorating in recent years, yet sufficient maintenance has not been accomplished to keep the condition of the highways from declining; and
Whereas, As the population of the state continues to grow, the highways receive increasingly heavier use and a greater number of miles of highway lanes are being placed into service; and
Whereas, The revenues being derived from the motor vehicle fuel tax may not prove adequate to keep pace with the future costs of highway maintenance; and
Whereas, The vital interests of the state require that the programs for highway maintenance be carried forward with maximum efficiency; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is directed to study the maintenance of the highways of this state as administered by the department of highways; and be it further
κ1979 Statutes of Nevada, Page 2020 (FILE NUMBER 125, ACR 30)κ
of the highways of this state as administered by the department of highways; and be it further
Resolved, That the study include determinations of whether:
1. The department is managing and utilizing its available resources for maintenance in an economical and efficient manner;
2. Any inefficient practices or inadequate systems exist and if so, the causes;
3. The department is achieving the desired objectives of its programs of maintenance;
4. The department will require any additional sources of revenue to support future programs of maintenance; and
5. Any new methods or techniques are suitable for application to those programs and would produce greater benefits; and be it further
Resolved, That the results of the study and any recommended legislation be reported to the 61st session of the Nevada legislature.
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Assembly Concurrent Resolution No. 32Committee on Elections
FILE NUMBER 126
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the requirements of reapportionment in advance of the 1981 legislative session.
Whereas, The 61st session of the Nevada legislature will face the task of reapportioning the election districts for the members of the legislature, the board of regents of the University of Nevada, and the state board of education; and
Whereas, The reapportionment will require extensive preparation, including study of data from the national decennial census of 1980; and
Whereas, The Bureau of the Census of the United States Department of Commerce is making every effort to have the data needed for reapportionment available to state legislatures before August 1980; and
Whereas, Compliance with the legal standards for reapportionment will require complex processing of the population data by computer; and
Whereas, The 1981 legislative session should be provided with the capability to make the reapportionments, and the existence of that capability depends upon having resources available and procedures tested in advance; and
Whereas, The drafting of detailed maps, the development and refinement of programs for computers and the development of procedures to be used during the session will require considerable time in preparation; and
Whereas, Many of the preparations will involve questions of policy, on which guidance will be necessary; and
Whereas, The 1971 legislative session was handicapped in performing reapportionments because of inadequate preparation, which limited the time available for actual consideration of reapportionment plans; now, therefore, be it
κ1979 Statutes of Nevada, Page 2021 (FILE NUMBER 126, ACR 32)κ
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission study the requirements for reapportionment in Nevada in conjunction with data which will become available from the national decennial census of 1980; and be it further
Resolved, That the study include an examination of:
1. All resources and capabilities needed for making the 1981 reapportionment, as well as of the most efficient and equitable means for presenting the data and proposed plans;
2. The options in contracting for computer services, and the preparation of specifications for the contract; and be it further
Resolved, That necessary contracts be entered into by the legislative commission to allow the timely commencement of data processing in advance of the 1981 session; and be it further
Resolved, That the legislative commission submit a report to the 61st session describing the 1980 census data, the legal and technical requirements for the reapportionment, and the actions taken by the commission to prepare for the reapportionment, and making recommendations of effective procedures which the legislature may use in its task of reapportionment.
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Assembly Concurrent Resolution No. 34Assemblymen Brady, FitzPatrick, Hayes, Polish, Rhoads, Prengaman, Craddock, Sena, Dini, Weise, Chaney, Tanner, Stewart, Malone, Marvel, Fielding, Bennett, Webb, Rusk, Banner, Horn, Mann, Mello, Bergevin, Harmon, Cavnar, Bedrosian, Jeffrey, Chaney, Westall, Price and Vergiels
FILE NUMBER 127
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study juvenile crime and the abuse of alcohol by juveniles.
Whereas, All Nevadans are concerned with the problems facing this state as a result of its rising rate of crime; and
Whereas, The people of this state recognize that the future of the state depends upon the integrity of its youth; and
Whereas, An alarmingly high percentage of crime in Nevada is committed by persons between the ages of 13 and 18; and
Whereas, The leading cause of death in teenagers is driving while under the influence of alcohol; and
Whereas, During 1977, in this state, 7,912 juveniles were referred to the juvenile courts, the majority of the larcenies were committed by persons 14 to 16 years of age, 54 percent of all burglaries were committed by persons 13 to 17 years of age, and 34.3 percent of males arrested were between the ages of 13 and 17; and
Whereas, In Clark County alone juveniles committed 28,424 offenses against the public, of which 1,606 were crimes against persons and 7,100 were crimes against property, and 5,150 juveniles were arrested and referred to court on matters concerning illegal possession or use of drugs; and
Whereas, The trend of increasing juvenile crime in Nevada threatens to destroy the wholesome environment for rearing children, which has been a heritage of this state; now, therefore, be it
κ1979 Statutes of Nevada, Page 2022 (FILE NUMBER 127, ACR 34)κ
to destroy the wholesome environment for rearing children, which has been a heritage of 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 study the incidence of juvenile crime and abuse of alcohol in this state and to determine methods for coping successfully with these problems; and be it further
Resolved, That the legislative commission report the results of the study and any recommended legislation to the 61st session of the legislature.
________
Assembly Concurrent Resolution No. 37Assemblyman Rhoads
FILE NUMBER 128
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the problem of access of sportsmen to public land over private land and related problems.
Whereas, Over 87 percent of the land in this state is owned by the Federal Government; and
Whereas, Access to that land often requires travel over privately owned land; and
Whereas, Many private landowners have refused access across their land to sportsmen because of the damage some sportsmen have caused to their property; and
Whereas, The acts of property damage should be condemned and the landowners compensated for the damage; and
Whereas, Landowners who permit access across their lands to sportsmen should be given incentives to continue to allow such access; 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 problems of access of sportsmen to public land over privately owned land, property damage, incentives to landowners and any other related problem the legislative commission determines exists between private landowners and sportsmen; and be it further
Resolved, That the results of the study and any recommendations for legislation be reported to the 61st session of the legislature.
________
κ1979 Statutes of Nevada, Page 2023κ
Assembly Concurrent Resolution No. 41Assemblymen Wagner, Mann, Vergiels, Harmon, Jeffrey, Bedrosian, Barengo, Mello, Glover, Webb, Hickey and Westall
FILE NUMBER 129
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study the Nevada prison system and alternatives to incarceration.
Whereas, In 1975 the legislature appropriated over $15 million for prison construction; and
Whereas, In 1977 the legislature appropriated over $10 million for prison construction; and
Whereas, It is proposed to spend another $31 million to $36 million for prison construction; and
Whereas, It is the intent of the legislature to examine with ever greater care the expenditure of tax revenues; and
Whereas, In 1977 and 1978 the legislative commission conducted a study of the conditions at the state prison as directed by Assembly Concurrent Resolution 1 of the 59th session of the legislature, but the study does not appear to have focused on the need for additional construction within the prison system or on alternatives to incarceration; 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 present and future needs of the state prison system; and be it further
Resolved, That the study include an examination of:
1. The need for additional construction within the state prison system;
2. The location and cost of any additional construction which may be needed;
3. The effectiveness of the state prison system in rehabilitating prisoners; and
4. Alternatives to the incarceration of criminal offenders and the cost and efficaciousness of those alternatives; and be it further
Resolved, That the results of the study and any recommendations for legislation be reported to the 61st session of the legislature.
________
Assembly Concurrent Resolution No. 42Assemblymen Chaney, Bennett, Weise, Brady, FitzPatrick and Westall
FILE NUMBER 130
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to conduct an interim study of possible means of employing continuous recipients of welfare.
Whereas, Many persons who are existing on support from public welfare are unable to break the cycle of dependence upon that support; and
Whereas, An effective program for the permanent employment of those recipients would produce ultimate savings for the State of Nevada; now, therefore, be it
κ1979 Statutes of Nevada, Page 2024 (FILE NUMBER 130, ACR 42)κ
those recipients would produce ultimate savings for the State of Nevada; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to study means of providing employment to persons who have been continuous recipients of support under public welfare; and be it further
Resolved, That the study include an examination into:
1. Effective methods of educating and training the recipients for permanent employment;
2. Appropriate inducements which might be given to private employers to hire the recipients and train them for specific jobs;
3. Classes of employment within the public service which might be opened to applications by the recipients and the reasonableness of any preferences to aid them in qualifying for the employment;
4. Means of making transportation available for the recipients to and from places of employment and of providing economical centers for essential care of their children during working hours; and
5. Methods of financing a program to achieve these objectives; and be it further
Resolved, That the legislative commission report the results of the study to the 61st session of the legislature, together with any recommendations for appropriate legislation.
________
Assembly Concurrent Resolution No. 46Committee on Government Affairs
FILE NUMBER 131
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study water problems and priorities for water usage in the state.
Whereas, Most of the land in Nevada is climatically a desert, a condition which has historically presented water problems for its residents; and
Whereas, The growth of population in certain areas of the state threatens to place a severe strain on the available supplies of water in those areas; and
Whereas, It is crucial to the economy of Nevada and the welfare of its residents that the water supplies in the state be distributed to all users on an equitable basis; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission conduct a study of the water problems of the state and that the study include:
1. An examination into the present and probable future demands upon the available water supplies;
2. A review of the existing laws regulating the appropriation of surface water and ground water in designated and undesignated basins; and
3. A consideration of possible revisions to the laws to ensure that they provide the most equitable methods of allotting and distributing the water for domestic, commercial, industrial, agricultural and municipal purposes;
κ1979 Statutes of Nevada, Page 2025 (FILE NUMBER 131, ACR 46)κ
water for domestic, commercial, industrial, agricultural and municipal purposes;
and be it further
Resolved, That the results of the study and any recommended legislation be reported to the 61st session of the Nevada legislature.
________
Assembly Concurrent Resolution No. 51Assemblymen Vergiels, Mann and Wagner
FILE NUMBER 132
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to study private providers of care in this state.
Whereas, Private providers of care which include adult group care homes, foster homes and community training centers offer a valuable service to this state and its citizens; and
Whereas, Many Nevadans are the recipients of the services of these private providers of care; and
Whereas, Every year the state expends large sums of public money purchasing the services of private providers of care; and
Whereas, It would be in the best interest of this state and its citizens that a comprehensive examination of private providers of care be made to determine whether the state reimbursement rates to the private providers of care are sufficient to provide both the level of care desired by the state and the creation of sufficient placement possibilities to meet state needs; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the legislative commission is hereby directed to study and evaluate the private providers of care in this state, including:
1. The levels of service they provide;
2. Their financial problems; and
3. The need for additional care facilities or private homes; and be it further
Resolved, That the legislative commission report the results of the study, together with any recommendations for legislation, to the 61st session of the legislature.
________
Assembly Concurrent Resolution No. 52Committee on Ways and Means
FILE NUMBER 133
ASSEMBLY CONCURRENT RESOLUTIONRequesting the public employees retirement board to provide members of the public employees retirement system with a planning and counseling program.
Whereas, A large number of the members of the public employees retirement system do not contact the staff of the system for any assistance in planning their estates until they are very close to retirement; and
κ1979 Statutes of Nevada, Page 2026 (FILE NUMBER 133, ACR 52)κ
retirement system do not contact the staff of the system for any assistance in planning their estates until they are very close to retirement; and
Whereas, Many retired members and their beneficiaries are adversely affected by inflation and inadequate retirement planning; and
Whereas, Those retired members and their beneficiaries constantly submit requests to the legislature for post-retirement increases, assistance with insurance coverage and tax relief; and
Whereas, Proper retirement planning should begin early in the employees career and continue throughout the term of employment; and
Whereas, A planning and counseling program for all members of the public employees retirement system would encourage proper planning for retirement and alleviate many of the financial problems members encounter after they retire; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the public employees retirement board is hereby requested to establish a program to advise and counsel members of the public employees retirement system of their current and projected retirement benefits; and be it further
Resolved, That the public employees retirement board is hereby requested to provide complete membership data and current and projected benefit reports to each member at least once every 5 years during their term of employment; and be it further
Resolved, That the legislative counsel is hereby directed to transmit copies of this resolution to the public employees retirement board, the staff of the public employees retirement system, the chief administrator of every public employer participating in the system and to every association which represents public employees enrolled in or public employers participating in the system.
________
Assembly Concurrent Resolution No. 62Assemblymen Bedrosian, FitzPatrick, Jeffrey, Cavnar, Price, Malone, Bremner, Polish, Stewart, Brady, Rhoads, Rusk, Glover, Coulter, Banner, Prengaman, Wagner, Getto, Harmon, Dini, Bennett, Chaney, Vergiels, Horn, Hickey, Bergevin, Marvel, Robinson, Hayes, Sena, Fielding, Craddock and Weise
FILE NUMBER 134
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission to conduct an interim study of methods used in transporting and disposing of radioactive material.
Whereas, The methods used for the safe transportation and disposal of radioactive material in this state are of grave importance to all Nevadans; and
Whereas, A recent incident in Nevada illustrates that the procedures used in the handling of radioactive waste may not be adequate; 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 an interim study of the procedures used in handling radioactive material, especially in its transportation and disposal; and be it further
κ1979 Statutes of Nevada, Page 2027 (FILE NUMBER 134, ACR 62)κ
interim study of the procedures used in handling radioactive material, especially in its transportation and disposal; and be it further
Resolved, That the commission also include in the study procedures for licensing and inspecting private sites for disposal of radioactive waste; and be it further
Resolved, That the legislative commission report the results of the study and any recommended legislation, to the 61st session of the legislature.
________
Assembly Concurrent Resolution No. 63Assemblyman Getto
FILE NUMBER 135
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late Dana Lee Coffee.
Whereas, When Dana Lee Coffee passed away May 20, 1979, the people of the State of Nevada suffered the loss of a person who had unselfishly donated countless efforts in service to state and community; and
Whereas, Mr. Coffee is especially recognized for his successful efforts during Nevadas 1959 legislative session to establish a state agency for treatment and prevention of alcoholism — Nevadas first official efforts to confront the disease; and
Whereas, Dana Lee Coffee also organized a preventive program on alcoholism which he presented to school children as well as serving on the Churchill County Council on Alcohol and Other Drugs from 1972 to 1978; and
Whereas, Mr. Coffee also successfully worked to establish a chapel at the Nevada State Prison in 1959; and
Whereas, Service to community was a way of life with Mr. Coffee who served Fallon as a member of the Governors Alcoholism Advisory Board, the Churchill County Juvenile Probation Board, the Nevada State Hospital Board and the Churchill County School Board; and
Whereas, Mr. Coffee was a member of Churchill Lodge No. 26, F&AM, Lahontan Commandery No. 7, Knights Templary, St. Johns Chapter No. 5, Royal Arch Masons and had also been a member and past president of the Fallon Shrine and Fallon Rotary Club; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate concurring, That the deep and sincere condolences of the legislature of the State of Nevada be expressed to the surviving family of the late Dana Lee Coffee; and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the family of Dana Lee Coffee.
________
κ1979 Statutes of Nevada, Page 2028κ
Senate Concurrent Resolution No. 14Committee on Finance
FILE NUMBER 136
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to study the use of federal money in local governmental programs.
Whereas, The extent of federal money coming to the local governments in Nevada has been growing dramatically; and
Whereas, There is no agency in Nevada which compiles the sources and uses of federal money by our local governments; and
Whereas, The Federal Government is finally attempting to balance the federal budget, which may substantially reduce the federal revenue available for local governmental programs, possibly reducing or eliminating funding for services which local governments may be requested to replace; and
Whereas, It is not possible for the legislature to enact rational and comprehensive tax reform and fiscal plans for local governments when local government budgets contain an increasing percentage of federal money; 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 local programs to determine the extent of federal money received, the growth in the amount of federal money, the intent of the agencies in applying for and accepting federal money, the effectiveness of the programs for which money was received and the extent to which the goals of the federal programs are consistent with the goals and priorities of local government; and be it further
Resolved, That the study consider the extent to which the acceptance of federal money in any of the programs reviewed obligates the local governments, directly or by implication, to pay the costs of supporting the programs in the future; and be it further
Resolved, That the subcommittee appointed to conduct the study contain representatives of local governments; and be it further
Resolved, That the legislative commission submit a report of the results of the study to the sixty-first session of the Nevada legislature.
________
Senate Concurrent Resolution No. 17Senator McCorkle
FILE NUMBER 137
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to conduct a study of child abuse in Nevada, and the services and programs available in the state to prevent it and protect children.
Whereas, Child abuse is the most vicious of crimes, being directed against defenseless children by the very persons who should be most concerned for their protection; and
Whereas, Child abuse is a difficult crime to detect and punish because even persons who are required by law to report suspected cases of child abuse are often reluctant to do so for fear of making a report in error; and
κ1979 Statutes of Nevada, Page 2029 (FILE NUMBER 137, SCR 17)κ
abuse are often reluctant to do so for fear of making a report in error; and
Whereas, Child abuse is a difficult crime to prevent, because the child cannot be easily isolated from his abuser, and they are together in private at times and in situations which are most conducive to incidents involving anger or frustration; and
Whereas, The State of Nevada owes all of its citizens protection from injury and death, especially those who because of their age are unable to defend themselves or to ask for help; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission study the problem of child abuse in Nevada with the objective of improving the prevention of child abuse and the protection of children by considering:
1. The present laws relating to child abuse and neglect; and
2. The agencies and other resources, both public and private, which are available for the prevention of child abuse and the protection of children, the interrelation of those resources and the most efficient uses to which they may be put in preventing child abuse and protecting children; and be it further
Resolved, That the legislative commission appoint a number of citizens of Nevada who are not legislators to the subcommittee appointed pursuant to this resolution, which number must be less than the number of legislators appointed; and that the subcommittee be directed to seek the advice and aid of the office of the attorney general and of the director of the department of human resources in conducting its study and preparing its recommendations; and be it further
Resolved, That the legislative commission submit recommendations to the 61st session of the Nevada legislature, including recommendations on:
1. Ways to coordinate the efforts of agencies interested in child abuse and increase the use of other resources for the greatest benefit to this state and its young citizens;
2. The elimination of duplicative and overlapping services of public agencies and other organizations in order to make their services more efficient and effective; and
3. Those services and programs which are most needed to improve current efforts to prevent child abuse and protect children; and be it further
Resolved, That the legislative commission submit a report of its findings and recommendations, including recommendations for needed legislation, to the 61st session of the Nevada legislature.
________
κ1979 Statutes of Nevada, Page 2030κ
Senate Concurrent Resolution No. 19Committee on Government Affairs
FILE NUMBER 138
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to study alternatives for the organization and financing of judicial services involving juveniles.
Whereas, The district courts of this state currently sit as juvenile courts; and
Whereas, The counties must provide part of the money needed to support the courts exercise of statutory powers regarding juveniles; and
Whereas, Responsibility for financing and managing the judicial services involving juveniles could be assigned by law to the counties, to the supreme court, or to the department of human resources; and
Whereas, The choice among these legislative alternatives may drastically affect the services and programs presently being provided for juveniles and their families; and
Whereas, There has never been a comprehensive examination of the system of juvenile justice in this state in an effort to determine the best means of organizing and financing the juvenile services; 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 various alternatives for organizing and financing the judicial services for juveniles, including the alternatives of assigning responsibility for these services to the counties, to the supreme court, or to the department of human resources, and determine the best alternatives; and be it further
Resolved, That the legislative commission include some supreme court justices, district court judges, county commissioners, probation officers and other persons who administer juvenile services, as well as legislators, in the membership of the subcommittee which will conduct the study; and be it further
Resolved, That the legislative commission report the results of the study, together with any recommendations for legislation, to the 61st session of the legislature.
________
Senate Concurrent Resolution No. 23Senator Jacobsen
FILE NUMBER 139
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to study and develop a statewide master plan for fire protection and control.
Whereas, The State of Nevada has provided for over 44 years invaluable assistance and guidance to the effort of fire services within the state to safeguard the lives and property of Nevadans from damage due to fire; and
Whereas, Nevadas rapid growth in population necessitates more assistance for fire protection and control and the avoidance of duplication of effort by the various fire protection agencies throughout the state; and
κ1979 Statutes of Nevada, Page 2031 (FILE NUMBER 139, SCR 23)κ
Whereas, The need for fire protection and control should be assessed from the viewpoint of both the fire protection agencies and the general public; 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 and develop a statewide master plan for fire protection and control to provide efficient and economical management and direction of the various fire protection agencies throughout the state; and be it further
Resolved, That the legislative commission appoint to the subcommittee appointed pursuant to this resolution one senator and one assemblyman, the state forester firewarden and one member respectively of the Nevada Fire Chiefs Association, the Nevada State Firefighters Association, the Nevada State Firemens Association, the Federated Firefighters of Nevada, the state fire marshals advisory board, the state board of forestry and fire control and the state fire service training advisory board.
________
Senate Concurrent Resolution No. 26Senators Ford, Gibson, Close, Echols, Raggio, Wilson, Neal, Kosinski, Sloan, Dodge, Keith Ashworth, Don Ashworth, Hernstadt, Glaser, Faiss, Lamb, Blakemore and Jacobsen
FILE NUMBER 140
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to conduct a study of libraries and systems for storing information.
Whereas, No advanced civilization has ever sustained itself without the benefit of libraries, which are the storehouses of the knowledge and achievements of previous generations, preserved and made accessible as a foundation for the advancement of those who follow; and
Whereas, Developments in the storage of information which involve computers, microfilm and other techniques of storing large amounts of information in small spaces, new devices to aid handicapped persons and advances in audio and visual storage and reproduction have created new uses and demands for libraries and other systems for storing information; and
Whereas, The Governors Conference on Libraries and Information Needs of 1978 analyzed the capacity of libraries and other systems for the storage of information in this state and developed a number of proposals for the more efficient and beneficial use of Nevadas libraries; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission study the needs of the people of Nevada for the services of libraries and other systems of storing information, including:
1. The need for a master plan for libraries in the state and the elements needed in such a plan to meet the needs of the people;
2. The amounts of money which will be needed to provide local, regional and state libraries and other systems for the storage of information, and the possible sources of money;
κ1979 Statutes of Nevada, Page 2032 (FILE NUMBER 140, SCR 26)κ
regional and state libraries and other systems for the storage of information, and the possible sources of money;
3. A formula for the use of available money which will ensure equal availability of libraries to the people of Nevada;
4. The need for and possibility of achieving national standards for libraries and other systems for the storage of information set by recognized organizations;
5. The extent to which libraries should provide services not traditionally performed by libraries; and
6. The extent to which libraries should make accommodations to serve special groups, including the handicapped, persons who do not speak English and other groups not adequately served by libraries; and be it further
Resolved, That the legislative commission examine all of the resolutions of the Governors Conference on Libraries and Information Needs to determine the need to further study those areas of concern which the conference set forth in those resolutions; and be it further
Resolved, That the legislative commission include representatives of the Nevada council on libraries and the Nevada Library Association and two persons who are not affiliated with either organization, but who were delegates to the Governors Conference on Libraries and Information Needs, as well as legislators, in the membership of the subcommittee which will conduct the study; and be it further
Resolved, That the legislative commission report the results of its study, together with any recommendations for legislation, to the 61st session of the legislature.
________
Senate Concurrent Resolution No. 40Committee on Government Affairs
FILE NUMBER 141
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to study means of obtaining greater efficiency and economy in state public works.
Whereas, The costs of planning, designing and erecting state buildings are significantly higher than the costs of comparable private buildings; and
Whereas, This disparity in costs may not be solely attributable to the more stringent requirements imposed for state buildings; and
Whereas, The traditional control by economic competition in the marketplace has been diluted in respect to the planning, design and erection of state buildings; and
Whereas, A study of the procedures used by the state public works board for the planning, design and erection of buildings and other structures could yield valuable answers for the avoidance of unnecessarily increased costs; and
Whereas, Incentives could be built into the procedures which would encourage more efficient planning, design and erection of state buildings and result in a savings to taxpayers; now, therefore, be it
κ1979 Statutes of Nevada, Page 2033 (FILE NUMBER 141, SCR 40)κ
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 procedures used by the state public works board for the planning, design and erection of buildings and other structures in order to determine ways to increase the efficiency of these procedures and the economy of construction; and be it further
Resolved, That the study include consideration of methods to encourage suggestions during construction and to develop incentives for economy of construction; and be it further
Resolved, That the legislative commission report the results of its study along with appropriate recommendations to the 61st session of the legislature.
________
Senate Concurrent Resolution No. 42Committee on Legislative Functions
FILE NUMBER 142
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to study the effects of measures to provide tax relief passed by the 60th session of the legislature.
Whereas, The 60th session of the Nevada legislature has responded to the concerns of Nevadans by enacting several measures which reduce the burden of taxes; and
Whereas, The legislature must continue to be responsive to the needs and desires of the people, and in order to do so must provide itself with accurate and timely information about the effect of the measures which it has enacted; 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 effects of measures to provide tax relief passed by the 60th session of the legislature; and be it further
Resolved, That the legislative commission include as members of the subcommittee appointed to conduct the study persons outside of government who agree to serve without compensation, subsistence allowances or reimbursement for travel expenses; and be it further
Resolved, That the subcommittee appointed by the legislative commission report its findings to the commission not later than September 1, 1980, and that the commission submit a final report and any recommended legislation to the 61st session of the legislature.
________
κ1979 Statutes of Nevada, Page 2034κ
Senate Concurrent Resolution No. 49Committee on Judiciary
FILE NUMBER 143
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to study the gaming industry.
Whereas, The gaming industry is the largest industry in this state; and
Whereas, The gaming industry supports many related industries which rely on the tourists who come into this state because of the gaming industry; and
Whereas, A large portion of this states revenue is derived both directly and indirectly from the activities of the gaming industry; and
Whereas, The unique nature of the gaming industry requires stringent control and regulation by the state; and
Whereas, It is in the best interests of this state and its citizens that a comprehensive review and evaluation of the gaming industry be made; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the legislative commission is hereby directed to make a comprehensive study of all aspects of the gaming industry, including without limitation, gaming taxes, local regulation and the recruitment and salaries of gaming personnel; and be it further
Resolved, That the legislative commission report the results of the study and any recommendations for legislation to the 61st session of the legislature.
________
Senate Concurrent Resolution No. 54Committee on Government Affairs
FILE NUMBER 144
SENATE CONCURRENT RESOLUTIONDirecting the legislative commission to study Nevadas laws relating to local government bonding.
Whereas, From 1919 to 1973 at least 21 separate laws on local government bonding and special assessments were enacted in Nevada; and
Whereas, In chapter 244 of Nevada Revised Statutes (NRS), alone, there are seven separate bonding or special assessment laws; and
Whereas, In addition to these and other numerous specific provisions on bonding found throughout NRS, chapter 350 of NRS comprises, among yet other bonding laws, a general bonding law known as the Local Government Securities Law; and
Whereas, The provisions of law governing various aspects of bonding and assessments such as election and canvass requirements, notice requirements, publication requirements, assessed valuation requirements, computation of interest rates to property owners, prepayments and disposition of residual funds vary extensively among the several bonding and assessment laws; and
Whereas, The costs to local government of putting together any bond issue, whether general obligation, revenue or special assessment, is increased because of the complexity or ambiguity in the law or uncertainty about the applicability of the law; and
κ1979 Statutes of Nevada, Page 2035 (FILE NUMBER 144, SCR 54)κ
increased because of the complexity or ambiguity in the law or uncertainty about the applicability of the law; and
Whereas, The costs of financial consulting, bond counsel and underwriting have also increased as a result of such circumstances as the default or threatened default of some cities in the country on their debt, the increasing attention given by the Internal Revenue Service to tax exemptions and the uncertainties created by proposed statutory spending limits; and
Whereas, The law should facilitate responsible local government borrowing and minimize the costs that result from the issuance of bonds; 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 laws of this state that govern local government bonds for the purposes of:
1. Standardizing procedures applicable to the various classes of bonds;
2. Shortening, as much as possible, the time between the determination of the need for bonds and the commencement of the project; and
3. Consolidating, wherever possible, similar provisions of bonding law so that individual chapters of NRS will contain only matters unique to particular subjects;
and be it further
Resolved, That the study consider the potential conflict of interest between financial consulting and underwriting to determine whether that conflict should be prohibited; and be it further
Resolved, That the study consider the merits of allowing local entities to provide special assessment financing themselves; and, be it further
Resolved, That the legislative commission contract for the services of qualified bond counsel to assist in the study; and be it further
Resolved, That the legislative commission report the results of the study and any recommended legislation to the 61st session of the legislature.
________
Senate Concurrent Resolution No. 55Committee on Legislative Functions
FILE NUMBER 145
SENATE CONCURRENT RESOLUTIONAmending Joint Rule 7 of the Senate and Assembly regarding resolutions.
Resolved by the Senate of the State of Nevada, the Assembly concurring, That Joint Rule 7 of the Senate and Assembly, for the 60th session 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 are not binding on either House until agreed to by both.
κ1979 Statutes of Nevada, Page 2036 (FILE NUMBER 145, SCR 55)κ
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 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.]
1. A joint resolution must be used to:
(a) Propose an amendment to the Nevada constitution.
(b) Ratify a proposed amendment to the United States Constitution.
(c) Address the President of the United States, Congress, either House or any committee or member of Congress, any department or agency of the Federal Government, or any other state of the Union.
2. A concurrent resolution must be used to:
(a) Amend these joint rules.
(b) Request the return from the governor of an enrolled bill for further consideration.
(c) Express facts, principles, opinion and purposes of the Senate and Assembly.
(d) Establish a joint committee of the two Houses.
(e) Direct the legislative commission to conduct an interim study.
3. A concurrent resolution or a resolution of one House may be used to:
(a) Memorialize a former member of the legislature or other notable or distinguished person upon his death.
(b) Congratulate or commend any person or organization for a significant and meritorious accomplishment, but any request for drafting the resolution must be approved by the committee on legislative functions of the appropriate House before submission to the legislative counsel.
4. A resolution of one House must be used to request the return of a bill from the other House.
________
κ1979 Statutes of Nevada, Page 2037κ
Senate Concurrent Resolution No. 62Senators Neal, Don Ashworth, Keith Ashworth, Blakemore, Close, Dodge, Echols, Faiss, Ford, Gibson, Glaser, Hernstadt, Jacobsen, Kosinski, Lamb, McCorkle, Sloan, Wilson and Young
FILE NUMBER 146
SENATE CONCURRENT RESOLUTIONMemorializing the late Lawrence Jackson.
Whereas, The heart of every member of this body is filled with profound sorrow at the recent passing of Lawrence Jackson, a proud Nevadan who spent over 50 years as a horse wrangler on several cattle ranches in northern Nevada; and
Whereas, Mr. Jackson was born November 25, 1899, in Wathena, Kansas, and later lived in Denver, Colorado, but developed a hankering to roam which eventually led him to northern Nevada where he earned a reputation as a respected horse wrangler; and
Whereas, After retiring from his intense and demanding lifestyle, Lawrence Jackson began the task of chronicling his experiences in more than 100 handwritten pages; and
Whereas, Mr. Jacksons reminiscences, published in the Northeastern Nevada Historical Society Quarterly in its Fall 1977 issue, described the challenges of life on the rugged cattle ranches of the northern portion of this state; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 60th session of the legislature of the State of Nevada extend their heartfelt sympathies to the family of Lawrence Jackson, whose death has touched all of us with sadness; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Mr. Jacksons widow, Tressie.
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Senate Concurrent Resolution No. 64Committee on Legislative Functions
FILE NUMBER 147
SENATE CONCURRENT RESOLUTIONCommending the superintendent of the state printing and records division of the department of general services and his staff for their services to the 60th session of the Nevada legislature.
Whereas, The superintendent of the state printing and records division of the department of general services and his staff have labored long and diligently in keeping up with the work of the 60th session of the Nevada legislature; and
Whereas, The superintendent and his entire staff have taken great professional pride in performing their difficult tasks promptly and accurately; and
Whereas, The superintendent and his staff have successfully installed and operated during this session an automated system for printing the legislative indexes, histories and journals; and
Whereas, It is the desire of the members of the 60th session to express their appreciation of the long hours and excellent work of the superintendent and his staff; now, therefore, be it
κ1979 Statutes of Nevada, Page 2038 (FILE NUMBER 147, SCR 64)κ
express their appreciation of the long hours and excellent work of the superintendent and his staff; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly concurring, That the members of the 60th session of the legislature of the State of Nevada hereby express their gratitude to and commend all members of the staff of the state printing office and the superintendent for their careful and efficient work and courteous cooperation in assisting the proceedings of this legislature; and be it further
Resolved, That a copy of this resolution be prepared and transmitted forthwith by the legislative counsel to Mr. Donald L. Bailey, superintendent of the state printing and records division of the department of general services.
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Assembly Joint Resolution No. 27Assemblymen Cavnar, FitzPatrick, Sena, Tanner, Brady, Rhoads, Prengaman, Craddock, Fielding, Jeffrey, Bennett, Chaney, Getto, Harmon, Webb, Bergevin, Hayes, May, Banner, Bedrosian, Horn, Glover, Malone, Dini, Marvel, Polish, Robinson, Westall, Vergiels and Rusk
FILE NUMBER 148
ASSEMBLY JOINT RESOLUTIONUrging Congress to propose a constitutional amendment authorizing the states to enact legislation permitting voluntary, nondenominational prayer in their public schools.
Whereas, The first amendment of the Constitution of the United States prohibits Congress from making any law respecting an establishment of religion; and
Whereas, The Supreme Court of the United States has held that the 14th amendment extended the prohibition to actions by the states; and
Whereas, The Supreme Court has interpreted the establishment clause as prohibiting a state from prescribing by law any form of prayer to be used as part of a religious program carried on by government, and has applied the rule to certain prayers conducted in public schools; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That this legislature respectfully urges Congress to propose a constitutional amendment authorizing the several states to enact legislation permitting voluntary, nondenominational prayer in their public schools; 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 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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κ1979 Statutes of Nevada, Page 2039κ
Senate Joint Resolution No. 29Committee on Natural Resources
FILE NUMBER 149
SENATE JOINT RESOLUTIONUrging the Congress of the United States to enact legislation which increases controls on the number of wild horses and burros and which authorizes additional methods of removing the animals from public lands.
Whereas, The Wild Free-roaming Horses and Burros Act of 1971, 16 U.S.C. §§ 1331 et seq., protects wild horses and burros from destruction, capture or sale by any person or governmental entity except when authorized by the Secretary of the Interior or the Secretary of Agriculture in connection with public lands administered by the Bureau of Land Management and the Forest Service; and
Whereas, The Wild Free-roaming Horses and Burros Act has been overly successful and has allowed once-threatened populations of wild horses and burros in Nevada to increase to the extent that approximately 40,000 wild horses and 1,500 wild burros currently inhabit public lands in this state; and
Whereas, The populations of wild horses and burros are increasing at an annual rate between 20 and 25 percent and will, absent stronger measures to control their numbers, double in the next 5 years; and
Whereas, The Wild Free-roaming Horses and Burros Act requires the Secretary of the Interior and the Secretary of Agriculture to manage the wild horse and burro populations in a manner that protects the natural ecological balance of all species of wildlife inhabiting the public lands; and
Whereas, Wild horses and burros are already so numerous that they are destroying the habitat used by other species of wildlife; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, jointly, That the legislature of the State of Nevada strongly urges the Congress of the United States to enact legislation which:
1. Requires the Secretary of the Interior and the Secretary of Agriculture to control strictly the populations of wild horses and burros on public lands; and
2. Authorizes additional or more effective methods for the capture, sale, donation, transfer or other removal of wild horses and burros from public lands in Nevada;
and be it further
Resolved, That copies of this resolution be prepared and transmitted forthwith by the legislative counsel to the President of the United States, the Vice president of the United States, as presiding officer of the Senate, the Speaker of the House of Representatives, the Secretary of the Interior, the Secretary of Agriculture, the director of the Bureau of Land Management and each member of the Nevada congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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κ1979 Statutes of Nevada, Page 2040κ
Assembly Joint Resolution No. 34Assemblymen Webb, Mann, FitzPatrick, Malone, Rusk, Hickey, Bergevin, Marvel, Polish, Bremner, Getto, Horn, Price, Westall, Vergiels, Mello, Harmon, Dini, Glover, Hayes, Sena, Craddock, Rhoads, Brady, Stewart, Tanner, Bennett, Chaney, Weise, Cavnar, Barengo, Wagner, Jeffrey and May
FILE NUMBER 150
ASSEMBLY JOINT RESOLUTIONRequesting Congress and the President to allow each state the option of administering federal programs and to reimburse the states for costs incurred in carrying out such programs.
Whereas, The Federal Government, by actions of both the legislative and executive branches, requires the states to put new programs into effect and to provide increased levels of service under existing programs; and
Whereas, In doing so, the states incur substantial costs which must be paid for out of current state revenues or by the imposition of additional taxes; and
Whereas, There exists throughout the United States a growing resentment against the heavy burden of taxation and an active rejection of existing and proposed levels and methods of raising revenue; and
Whereas, Public pressure for tax reduction makes it increasingly difficult for the states to raise the revenues which are necessary to finance the programs mandated by the Federal Government; and
Whereas, As a matter of equity, a government which establishes programs and requires increased services in the public interest should provide the means for financing those programs and services; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the President and the Congress of the United States are hereby respectfully requested to undertake all appropriate action to:
1. Make optional with each state the administration by it of all new as well as existing federal programs; and
2. Ensure that the Federal Government reimburses a state for all costs incurred by it in administering any new federal programs or in providing increased levels of service under existing programs pursuant to any law enacted by Congress after January 1, 1980, or any Executive order or regulation issued by the President of the United States after January 1, 1980;
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 each member of Nevadas congressional delegation; and be it further
Resolved, That this resolution shall become effective upon passage and approval.
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κ1979 Statutes of Nevada, Page 2041κ
Assembly Joint Resolution No. 37Assemblymen Wagner, Mello, Mann, Weise, Dini, Cavnar, Price, Webb, Bremner, Sena, Rusk, Malone, Glover, Fielding, Craddock, Prengaman, Rhoads, Barengo, Bedrosian, Hayes, Brady, Vergiels, Jeffrey, Getto, Hickey, Banner, Robinson, Polish, Coulter, Horn, Tanner, Harmon, Bennett, Chaney, Stewart, Marvel, Bergevin, May and FitzPatrick
FILE NUMBER 151
ASSEMBLY JOINT RESOLUTIONMemorializing Congress to remove certain proprietary privileges allowing the withholding of information on inventories of gasoline and to provide for independent examinations of the inventories.
Whereas, Widespread cynicism exists in the minds of many residents of this state, and of other citizens throughout the United States, concerning the role of the major oil companies in the current shortage of gasoline and the nature of the shortage as real or artificial; and
Whereas, In the absence of reliable evidence to the contrary, the idea persists that the crisis of rapidly rising prices and falling levels of inventory may have been manipulated for commercial reasons; and
Whereas, Information on levels of gasoline stocks is primarily held by the individual oil companies and the American Oil Institute; and
Whereas, The United States Department of Energy is directed by law to gather comprehensive information on energy and make that information available to the public in a form and manner easily adaptable for public use; and
Whereas, The department is, at the same time, prohibited by law from divulging any proprietary information received from the oil companies; and
Whereas, The importance of regarding levels of inventory as proprietary information in order to protect competitive relationships among the oil companies is greatly diminished in the noncompetitive market which has resulted from the general shortage of gasoline; and
Whereas, The American people have an overriding need to have accurate information on whether stocks of gasoline are adequate for the nations economic and social life in the immediate future, as well as in the longer term; 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:
1. To remove or curtail the provisions of law allowing oil companies to withhold, as a proprietary privilege, information on their respective inventories of petroleum fuels; and
2. To provide by law for a full independent examination of the inventories so that timely and reliable reports on their levels may be disseminated to the public to aid the publics understanding of the supply and pricing of petroleum fuels; 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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κ1979 Statutes of Nevada, Page 2042κ
Assembly Joint Resolution No. 38Assemblymen May, Chaney, Hayes, Banner, Robinson, Bremner, Malone, Price, Hickey, Vergiels, Harmon, Cavnar, Jeffrey, Brady, Stewart, Tanner, Bennett, Craddock, FitzPatrick, Wagner, Bedrosian, Rhoads, Fielding, Mello, Sena, Dini, Westall, Webb, Rusk, Polish, Marvel, Bergevin and Getto
FILE NUMBER 152
ASSEMBLY JOINT RESOLUTIONFavoring the merger of Pan American World Airways, Inc., with National Airlines, Inc.
Whereas, Pan American World Airways, Inc., has proposed a merger with National Airlines, Inc.; and
Whereas, A merger of these two air carriers would not adversely affect competition because their routes are not parallel; and
Whereas, The single company resulting from the merger would link the State of Nevada, through Las Vegas as a gateway, with many additional cities on the mainland of the United States and other cities abroad, such as Honolulu, Caracas, Tokyo and London, by single or connecting on-line flights; and
Whereas, The proposed new airline company would actively promote this state in major countries overseas as a destination for their tourists; and
Whereas, The passengers as well as shipments which the new airline would bring to this state would stimulate employment and retail sales, increase revenues from tourism, advance the construction of facilities related to tourism, and provide other benefits to this state; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, jointly, That the legislature favors the proposed merger of Pan American World Airways, Inc., with National Airlines, Inc.; 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, to the United States Civil Aeronautics Board, 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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