[Rev. 2/12/2019 1:21:32 PM]
RESOLUTIONS AND MEMORIALS
κ1989 Statutes of Nevada, Page 2201κ
RESOLUTIONS AND MEMORIALS
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Assembly Concurrent Resolution No. 1Assemblymen Dini and Bergevin
FILE NUMBER 1
ASSEMBLY CONCURRENT RESOLUTIONAdopting the Joint Rules of the Senate and Assembly for the 65th session of the Legislature.
resolved by the assembly of the state of nevada, the senate concurring, That the Joint Rules of the Senate and Assembly as amended by the 64th session are adopted, with the following changes, as the Joint Rules of the Senate and Assembly for the 65th session of the Legislature:
1. Rule 7 is hereby amended to read as follows:
7
RESOLUTIONS
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) Resolve that the return of a bill from one House to the other House is necessary and appropriate.
(d) Express facts, principles, opinion and purposes of the Senate and Assembly.
[(d)] (e) Establish a joint committee of the two Houses.
[(e)] (f) 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.]
κ1989 Statutes of Nevada, Page 2202 (FILE NUMBER 1, ACR 1)κ
2. Rule 14 is hereby amended to read as follows:
14
LIMITATION ON INTRODUCTION AND REQUESTS FOR DRAFTING OF LEGISLATIVE MEASURES
1. After the first [20] 10 calendar days of a regular legislative session, requests submitted to the Legislative Counsel for the drafting of bills and joint resolutions will not be honored by the Legislative Counsel unless the request is approved by:
(a) A two-thirds vote of the members present in the House where it is to be introduced; or
(b) A standing committee of that House if the request was approved by two-thirds of all of the members of the committee.
2. After the first [20] 10 calendar days of a regular legislative session, bills and joint resolutions may be introduced by:
(a) Standing committees without consent.
(b) A member who had requested the drafting of the bill or joint resolution by the Legislative Counsel before the [21st] 11th calendar day of the legislative session.
3. Consent to suspend this rule may be given only by the affirmative vote of a majority of the members elected to the House where it is to be introduced, which must be entered in its journal for that day, and the consent may apply to no more than one bill or joint resolution or request for drafting.
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Assembly Concurrent Resolution No. 2Assemblymen Wendell Williams, Arberry, Swain, Adler, Banner, Bergevin, Bogaert, Brookman, Callister, Carpenter, Chowning, Diamond, Dini, DuBois, Evans, Fay, Freeman, Garner, Gaston, Gibbons, Humke, Jeffrey, Kerns, Kissam, Lambert, McGaughey, McGinness, Marvel, Nevin, Porter, Price, Regan, Sader, Schofield, Sedway, Sheerin, Spinello, Spriggs, Thompson, Triggs, Myrna Williams and Wisdom
FILE NUMBER 2
ASSEMBLY CONCURRENT RESOLUTIONCommemorating Martin Luther King, Jr.
whereas, The Reverend Martin Luther King, Jr., accomplished his great work in helping to equalize American society through the Christian tenets of nonviolence and love, and ultimately received the Nobel Peace Prize for his labors; and
whereas, The Reverend Martin Luther King, Jr., was instrumental in awakening the American public to the inherent degradation of the segregation laws of the South, and through this illumination was able to eliminate those laws forever; and
κ1989 Statutes of Nevada, Page 2203 (FILE NUMBER 2, ACR 2)κ
whereas, In this society and in every corner of the world, the Reverend Martin Luther King, Jr., will stand for generations as a symbol of what man is able to become when he devotes himself to the great causes of his time; and
whereas, In combatting injustice and cruelty, he refused to view the world in terms of black and white and strove for a society where all of Gods children might stand together; and
whereas, The Reverend Martin Luther King, Jr., in sharing his noble dream with the American people, gave all of us hope for the future; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That on this day which has been set aside for our nation to commemorate this great man, the members of the Nevada Legislature honor the memory of the Reverend Martin Luther King, Jr., and his dream of justice, peace and righteousness.
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Senate Concurrent Resolution No. 1Senators Raggio, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Rawson, Rhoads, Shaffer, Smith, Titus, Vergiels and Wagner
FILE NUMBER 3
SENATE CONCURRENT RESOLUTIONCommending those persons responsible for the inventory of legislative supplies and equipment, and the members of the staff of the stockroom, and the building and grounds unit of the administrative division of the legislative counsel bureau for their dedicated service in preparing the legislative building and the surrounding grounds for the 1989 session of the Nevada Legislature.
whereas, Before each biennial session of the Nevada Legislature, countless hours are spent preparing the legislative building, its surrounding grounds, committee rooms and legislators offices for the session; and
whereas, Preparation for the 1989 session of the Nevada Legislature has been unusually busy and difficult, requiring several remodeling projects and renovations to the legislative building; and
whereas, The members of the staff of the building and grounds unit of the administrative division of the legislative counsel bureau have been working above and beyond their normal assignments to ensure that the Nevada Legislature has a clean, attractive and pleasant environment in which to carry out the business of the residents of this state; and
whereas, The members of the staff of the stockroom of the legislative counsel bureau and those persons responsible for the inventory of legislative supplies, furniture and equipment have spent months of effort preparing the legislators offices and obtaining supplies to make the 1989 session of the Nevada Legislature operate smoothly; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the members of the 65th session of the Nevada Legislature commend and express their appreciation to Marie Beaty, Matt Beaty, Dan Dalluhn, David Felix, Jeanne Fields, Dane Glauner, Ted Goodson, Millie Johnson, Mike Ryan, Doug Service, Dan Silva, J.D.
κ1989 Statutes of Nevada, Page 2204 (FILE NUMBER 3, SCR 1)κ
and express their appreciation to Marie Beaty, Matt Beaty, Dan Dalluhn, David Felix, Jeanne Fields, Dane Glauner, Ted Goodson, Millie Johnson, Mike Ryan, Doug Service, Dan Silva, J.D. Terry, Jeff Tlachac, Monte Walters and David Whatley for their hard work, efficiency and dedication in preparing the legislative building and its surrounding grounds for the 1989 session of the Nevada Legislature; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to each of those persons.
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Assembly Resolution No. 1Assemblymen Dini and Bergevin
FILE NUMBER 4
ASSEMBLY RESOLUTIONAdopting the Standing Rules of the Assembly for the 65th session of the Legislature.
resolved by the assembly of the state of nevada, That the Assembly Standing Rules as amended by the 64th session are adopted, with the following changes, as the Standing Rules of the Assembly for the 65th session of the Legislature:
1. Rule 40 is hereby amended to read as follows:
40
Standing Committees.
The standing committees of the Assembly are as follows:
1. Ways and Means, [thirteen] fourteen members.
2. Judiciary, [thirteen] fourteen members.
3. Taxation, eleven members.
4. Elections, nine members.
5. Education, thirteen members.
6. Legislative Functions, [ten] eleven members.
7. Natural Resources, Agriculture and Mining, eleven members.
8. Labor and Management, nine members.
9. Transportation, nine members.
10. Commerce, fourteen members.
11. Economic Development, Small Business and Tourism, eleven members.
12. Health and Welfare, [thirteen] eleven members.
13. Government Affairs, [thirteen] fourteen members.
2. Rule 45 is hereby added to read as follows:
κ1989 Statutes of Nevada, Page 2205 (FILE NUMBER 4, AR 1)κ
45
Procedure for Election Contests.
1. Upon receipt of a statement of contest from the Secretary of State pursuant to NRS 293.427, the Speaker shall, as soon as practicable, appoint a special committee to hear the contest or refer the contest to the Standing Committee on Legislative Functions. The committee shall conduct a hearing to consider the contest. The committee shall keep written minutes of the hearing. The contestant has the burden of proving that any irregularities shown were of such a nature as to establish that the result of the election was changed thereby.
2. The contest must be submitted so far as may be possible upon depositions or by written or oral arguments as the Assembly may order. Any party to a contest may take the deposition of any witness at any time after the statement of contest is filed with the Secretary of State and before the contest is finally decided. At least 3 days notice must be given to the prospective deponent and to the other party. If oral statements are made at any hearing before the Assembly or a committee thereof which purport to establish matters of fact, they must be made under oath. Strict rules of evidence do not apply.
3. The committee shall, not later than 5 calendar days after the contest was referred to the committee, report to the Assembly its recommendation on which candidate should be declared elected. The Assembly shall, as soon as practicable thereafter but not later than 7 calendar days after the Speaker received the statement of contest, vote whether to accept or reject the committees recommendation without amendment. If the recommendation is accepted, the Speaker shall declare the recommended candidate elected. If the recommendation is rejected, the Assembly shall consider immediately whether to declare another candidate elected. The Speaker shall not adjourn the Assembly until it has declared a candidate to be elected.
4. The Speaker shall inform the Governor of the identity of the candidate declared to be elected by the Assembly.
3. Rule 52 is hereby amended to read as follows:
52
Concurrent Referrals.
When a bill or resolution is referred to two committees , the bill or resolution must go to the first committee named . [, where it must be acted upon; then, the bill or resolution must pass to the second committee named, and that committee must act upon it.] If the first committee votes to amend the bill or resolution, it must be reprinted with amendments and then returned to the first committee or sent immediately to the next committee. If there is no amendment proposed by the first committee, or if the first committee acts upon the bill or resolution after amendment, the bill or resolution must be sent with the committee recommendation immediately to the second committee. [If one committee reports unfavorably and the other favorably, the bill or resolution must not be reported to the Assembly.]
κ1989 Statutes of Nevada, Page 2206 (FILE NUMBER 4, AR 1)κ
4. Rule 101 is hereby repealed and its number reserved for future use.
5. Rule 120 is hereby amended to read as follows:
120
Order of Business.
The Order of Business must be as follows:
1. Roll Call.
2. Reading and Approval of Journal.
3. Presentation of Petitions.
4. Reports of Standing Committees.
5. Reports of Select Committees.
6. [Messages from the Governor.] Communications.
7. Messages from the Senate.
8. Motions, Resolutions and Notices.
9. Introduction, First Reading and Reference.
10. Consent Calendar.
11. Second Reading and Amendment.
12. General File and Third Reading.
13. Unfinished Business of Preceding Day.
14. Special Orders of the Day.
15. Remarks from the Floor, limited to 10 minutes.
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Assembly Resolution No. 2Committee on Legislative Functions
FILE NUMBER 5
ASSEMBLY RESOLUTIONProviding allowances to the leadership and other members of the assembly 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 $2,800, and the sum to be allowed, as provided by law, for the speaker, speaker pro tempore, majority floor leader, minority floor leader and chairman of each standing committee of the assembly for postage, telephone tolls and other communication charges is $900; 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 its warrants therefor on the legislative fund, and the state treasurer is thereafter authorized to pay these warrants.
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κ1989 Statutes of Nevada, Page 2207κ
Assembly Resolution No. 3Committee on Legislative Functions
FILE NUMBER 6
ASSEMBLY RESOLUTIONProviding for the appointment of attaches.
resolved by the assembly of the state of nevada, That the following persons are elected as attaches of the Assembly for the 65th session of the Legislature of the State of Nevada: Carol L. Moore, Joan E. Anderson, Amy L. Phelps, Joan C. Eisner, Robert Elliott, Christy Canatsey, Roger Drum, Daisy Dailey, Richard Jordan, Erin Thrailkill, Charles Van Geel, Jr., Pat Hatch, Marilyn Maxfield, Paula Morton, Judy Austin, Iris Bellinger, Rebecca Boatwright, Sharon Burnham, Terry Cabauatan, Marilyn Cole, Reba Coombs, Jeanie Davis, Betty Day, Carol Dickerson, Michele Easley, Bonnie Gabelick, Jane Gill, Kay Graves, Elena Gunn, Susan Hella, Martha Herndon, Frances Hill, Bette Jensen, Kathryn Kramer, Marta Marsh, Yhvona Martin, Carol Martini, Carolyn Maynick, Patricia Menath, Laura Pabon, Cindy Peel, Kathy Pereos, Elizabeth Provine, Ruth Rodway, Chris Shaw, Sally Dunfield, Lavelle Johnson, Stephen Austin, Morse Burley, Mary Carel, Linda Cummings, Bonnie Crawford, Kathleen Jorgenson, Brynette Kramer, William Labadie, Frank Page, Shanna Pozzi, Sharon Qualls, Julene Smith, Esther Thompson and Ione Young.
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Senate Resolution No. 1Senators Raggio, Jacobsen and Neal
FILE NUMBER 7
SENATE RESOLUTIONAdopting Standing Rules of the Senate for the 65th session of the Legislature.
resolved by the senate of the state of nevada, That the Senate Standing Rules as amended by the 64th session are adopted, with the following amendments, as the Standing Rules of the Senate for the 65th session of the Legislature:
1. 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 461, 461A, 489, 703-704A and 707-712 of NRS, except measures affecting primarily state and local revenue.
2. [Human Resources and Facilities, seven members, with jurisdiction over measures primarily affecting Titles 33, 37-39 and 42 and chapters 385, 386, 388-397, 439-444, 446-460 and 583-585 of NRS, except measures affecting primarily state and local revenue.
κ1989 Statutes of Nevada, Page 2208 (FILE NUMBER 7, SR 1)κ
3. Natural Resources, seven members, with jurisdiction over measures primarily affecting Titles 26 and 45-50 and chapters 445, 488, 581, 582 and 586-590 of NRS, the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency, except measures affecting primarily the Colorado River Commission and state and local revenue.
4.] Finance, seven members, with jurisdiction over measures primarily affecting chapters 286 and 387 of NRS, appropriations, operating and capital budgets , state and federal budget issues and bonding, except measures affecting primarily state and local revenue, and over 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.] 3. Government Affairs, seven members, with jurisdiction over measures affecting primarily the districts from which members of the Legislature are elected, the Colorado River Commission, and Titles 18-22, 24, 25, 27-31 and 36 and chapters 281-285, 287-289 and 407 of NRS, except measures affecting primarily state and local revenue [and] , state and federal budget issues, the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency.
[6.] 4. Human Resources and Facilities, seven members, with jurisdiction over measures primarily affecting Titles 33, 37-39 and 42 and chapters 385, 386, 388-397, 439-444, 446-460 and 583-585 of NRS, except measures affecting primarily state and local revenue.
5. Judiciary, seven members, with jurisdiction over measures affecting primarily Titles 1-16 and 41 of NRS, except measures affecting primarily state and local revenue.
[7.] 6. Legislative Affairs and Operations, seven members, with jurisdiction over measures affecting primarily Title 17 of NRS, except the districts from which members of the Legislature are elected, and the operation of the legislative session, except measures affecting primarily state and local revenue.
7. Natural Resources, seven members, with jurisdiction over measures primarily affecting Titles 26 and 45-50 and chapters 445, 488, 581, 582 and 586-590 of NRS, the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency, except measures affecting primarily the Colorado River Commission and state and local revenue.
8. Taxation, seven members, with jurisdiction over measures affecting primarily Title 32 of NRS and state and local revenue.
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, except measures affecting primarily state and local revenue.
2. Rule 120 is hereby amended to read as follows:
120
Order of Business.
1. Roll Call.
2. Prayer by the Chaplain.
3. Pledge of Allegiance to the Flag.
κ1989 Statutes of Nevada, Page 2209 (FILE NUMBER 7, SR 1)κ
4. Reading and Approval of the Journal.
5. [Report] Reports of Standing Committees.
6. Messages from the Governor.
7. Messages from the Assembly.
8. Communications from State Officers.
9. Motions, Resolutions and Notices.
10. Introduction, First Reading and Reference . [of Bills.]
11. Consent Calendar.
12. Second Reading and Amendment . [of Bills.]
13. Business on General File [.] and Third Reading.
14. Unfinished Business.
15. Special Orders of the Day.
16. Remarks from the Floor [,] ; Introduction of Guests.
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Senate Resolution No. 2Senators Raggio, Jacobsen and Neal
FILE NUMBER 8
SENATE RESOLUTIONAmending Senate Standing Rule 40 to authorize the chairman of the Standing Committee on Finance to assign any portion of a proposed executive budget to any other standing committee of the Senate for review.
resolved by the senate of the state of nevada, That Rule 40 of the Standing Rules of the Senate as adopted by the 65th session is hereby amended to read as follows:
40
Standing Committees.
[The] 1. Except as otherwise provided in subsection 2, the standing committees of the Senate and their respective jurisdiction for the reference of bills and resolutions are as follows:
[1.] (a) Commerce and Labor, seven members, with jurisdiction over measures affecting primarily Titles 52-57, and chapters 461, 461A, 489, 703-704A and 707-712 of NRS, except measures affecting primarily state and local revenue.
[2.] (b) Human Resources and Facilities, seven members, with jurisdiction over measures primarily affecting Titles 33, 37-39 and 42 and chapters 385, 386, 388-397, 439-444, 446-460 and 583-585 of NRS, except measures affecting primarily state and local revenue.
[3.] (c) Natural Resources, seven members, with jurisdiction over measures primarily affecting Titles 26 and 45-50 and chapters 445, 488, 581, 582 and 586-590 of NRS, the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency, except measures affecting primarily the Colorado River Commission and state and local revenue.
[4.] (d) Finance, seven members, with jurisdiction over measures primarily affecting chapters 286 and 387 of NRS, appropriations, operating and capital budgets and bonding, except measures affecting primarily state and local revenue, and over 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.
κ1989 Statutes of Nevada, Page 2210 (FILE NUMBER 8, SR 2)κ
capital budgets and bonding, except measures affecting primarily state and local revenue, and over 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.] (e) Government Affairs, seven members, with jurisdiction over measures affecting primarily the districts from which members of the Legislature are elected, the Colorado River Commission, and Titles 18-22, 24, 25, 27-31 and 36 and chapters 281-285, 287-289 and 407 of NRS, except measures affecting primarily state and local revenue and the Tahoe Regional Planning Compact and the Nevada Tahoe regional planning agency.
[6.] (f) Judiciary, seven members, with jurisdiction over measures affecting primarily Titles 1-16 and 41 of NRS, except measures affecting primarily state and local revenue.
[7.] (g) Legislative Affairs and Operations, seven members, with jurisdiction over measures affecting primarily Title 17 of NRS, except the districts from which members of the Legislature are elected, and the operation of the legislative session, except measures affecting primarily state and local revenue.
[8.] (h) Taxation, seven members, with jurisdiction over measures affecting primarily Title 32 of NRS and state and local revenue.
[9.] (i) Transportation, seven members, with jurisdiction over measures affecting primarily Title 44 and chapters 403-406, 408-410, 481-487, 705 and 706 of NRS, except measures affecting primarily state and local revenue.
2. The chairman of the Standing Committee on Finance may assign any portion of a proposed executive budget to any of the other standing committees of the Senate for review. Upon receiving such an assignment the standing committee shall complete its review expeditiously and report its findings and any recommendations to the Standing Committee on Finance for its independent evaluation.
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Senate Resolution No. 3Senators Raggio, Jacobsen and Neal
FILE NUMBER 9
SENATE RESOLUTIONProviding allowances to the leadership and other members of the senate 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 $2,800, and the sum to be allowed, as provided by law, for the president pro tempore of the senate, the majority and minority leaders of the senate, and the chairman of each standing committee of the senate for postage, telephone tolls and other charges for communications if $900; and be it further
resolved, That these amounts be certified by the president pro tempore and the secretary to the state controller, who is authorized to draw his warrants therefore on the legislative fund, and the state treasurer is thereafter authorized to pay these warrants.
κ1989 Statutes of Nevada, Page 2211 (FILE NUMBER 9, SR 3)κ
warrants therefore on the legislative fund, and the state treasurer is thereafter authorized to pay these warrants.
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Senate Resolution No. 4Committee on Legislative Affairs and Operations
FILE NUMBER 10
SENATE RESOLUTIONProviding for the appointment of attaches.
resolved by the senate of the state of nevada, That the following persons are elected as attaches of the Senate for the 65th session of the Legislature of the State of Nevada: Mary Jo Mongelli, Ann Moyle, Mary Phillips, Mary Ellen Patt, Vernon Bunker, Derek Rowley, Susan Kilman, Ken Rawson, Ruth Pierini, Gayle Pyle, Joan Thran, Lucille Hill, Theresa Fox, Flo Collier, Judy Bishop, Elizabeth Bremner, Billie Brinkman, Dee Crawford, Molly Dondero, LaVonne Frost, Diane Gamble, Marilyn Hofmann, Judith Jacobs, Dottie Kelley, Barbara Kightlinger, Jane King, Mary McNanny, Mary Jo Meyer, Shirley Murphy, Marjorie Robertson, Shirley Walker, Garry Wyatt, Shirley Hammon, Nancy Hayslip, Mark Hofmann, Claire Jesse, Betty Christenson, Stephanie Clem, Nadine Nelson, Kim Taber, Barbara Morrow, Doris Fry, John Arrascada, John Hancock, Janet Meredith, Alfred Perondi, Oliver Perondi, Joe Pieretti and June Riesau.
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Assembly Resolution No. 5Committee on Legislative Functions
FILE NUMBER 11
ASSEMBLY RESOLUTIONProviding for the appointment of an additional attache.
resolved by the assembly of the state of nevada, That Paula S. Krell is elected as an additional attache of the Assembly for the 65th session of the Legislature of the State of Nevada.
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Assembly Concurrent Resolution No. 12Committee on Legislative Functions
FILE NUMBER 12
ASSEMBLY CONCURRENT RESOLUTIONUrging Delta Air Lines to reconsider its decision to deny a request for unpaid leave for legislative service.
whereas, Public service is a noble endeavor and should be encouraged, not hampered; and
κ1989 Statutes of Nevada, Page 2212 (FILE NUMBER 12, ACR 12)κ
whereas, Nevada takes great pride in its citizen legislature, and recognizes the importance of having people from all segments of society serve as legislators; and
whereas, It is critical to the success of the Nevada legislature that all Nevadans be entitled to serve as legislators without fear of losing their jobs or any benefits associated with their jobs; and
whereas, The Nevada legislature has specifically expressed its desire that all Nevadans be allowed to participate in the legislative process by enacting statutes that prohibit a loss of seniority for service as a member of the legislature, and provide that service in the legislature does not constitute a break in service for the purposes of a private pension plan; and
whereas, Delta Air Lines has a policy of denying requests by its employees for leaves of absence to allow them to serve as legislators, even when unpaid leave is requested; and
whereas, This policy has threatened the livelihood and retirement benefits of a member of the Nevada legislature, Assemblyman Jim Gibbons, who has been forced to choose between continued employment and service to his state; and
whereas, In practical effect, Deltas policy discourages and, in most cases, prevents employees of Delta Air Lines from serving in the legislature; and
whereas, If other employers adopted the same policy, the only persons able to serve in this nations legislatures without losing their jobs would be those who are self-employed, unemployed or retired; and
whereas, Other major airlines encourage public service by their employees, as evidenced by the fact that a pilot for Alleghany Airlines serves as a United States Senator; and
whereas, The policy of Delta Air Lines is contrary to the cornerstone of American democracythe principle of representational government; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada legislature urges Delta Air Lines to adopt a policy that encourages legislative service by its employees in every state in the nation; and be it further
resolved, That Delta Air Lines is urged to reverse its decision with regard to Assemblyman Gibbons and grant his request for an unpaid leave of absence to serve in the Nevada legislature, without loss of seniority or benefits; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Hollis Harris, the President of Delta Air Lines.
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κ1989 Statutes of Nevada, Page 2213κ
Assembly Joint Resolution No. 7Assemblymen Schofield, Dini, Bergevin, Porter, Wisdom, Spriggs, Garner, Fay, Carpenter, McGaughey, Diamond, Freeman, Lambert, Adler, Gibbons, Bogaert, Kissam, McGinness, Gaston, Chowning, Brookman, Triggs, Wendell Williams, Sader, Swain, Jeffrey, Callister, DuBois, Humke, Kerns, Evans, Regan, Marvel, Price, Spinello, Myrna Williams and Sheerin
FILE NUMBER 13
ASSEMBLY JOINT RESOLUTIONCongratulating George Bush on his election to the office of President of the United States and wishing him success in leading our nation.
whereas, On January 20, 1989, George Herbert Walker Bush was inaugurated as the 41st President of the United States; and
whereas, Our nation faces many challenges and problems in the coming years and will need courageous, dedicated and intelligent leadership; and
whereas, George Bush has ably served our country in many different capacities including Congressman, Ambassador to the United Nations, United States Envoy to the Peoples Republic of China, Director of the Central Intelligence Agency and Vice President; and
whereas, Nevadans are encouraged that the President will be supported by First Lady Barbara Bush who has demonstrated her compassionate character through her commendable efforts to fight illiteracy; and
whereas, Nevadans are proud to place partisan politics aside and give their undivided support to the person chosen to serve as President of the United States; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature congratulates President Bush on his election to the nations highest executive office; and be it further
resolved, That the Nevada Legislature wishes President Bush success in his new role and hopes his tenure in office is a time of peace and prosperity for the whole nation; and be it further
resolved, That copies of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to the President of the United States; and be it further
resolved, That this resolution becomes effective upon passage and approval.
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Assembly Resolution No. 6Committee on Legislative Functions
FILE NUMBER 14
ASSEMBLY RESOLUTIONProviding for the appointment of additional attaches.
resolved by the assembly of the state of nevada, That Ronald Wadsworth and Darlene Honsberger are elected as additional attaches of the Assembly for the 65th session of the Legislature of the State of Nevada.
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κ1989 Statutes of Nevada, Page 2214κ
Senate Concurrent Resolution No. 11Senators Malone, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 15
SENATE RESOLUTIONCommending the Junior League of Las Vegas and the Junior League of Reno for their contributions to the State of Nevada and the nation.
whereas, The Junior League of Las Vegas and the Junior League of Reno are affiliates of the Association of Junior Leagues, an international organization established in New York City in 1901; and
whereas, The Junior League is an organization of women committed to promoting voluntarism and improving the community through the effective action and leadership of trained volunteers; and
whereas, The Junior Leagues of Nevada represent over 1,000 women who have performed ongoing volunteer service to their community since 1971 in such projects as the Community Alternative Sentencing Program (CAS), the Drug Abuse Resistance Education (D.A.R.E.), the expansion of the Red Rock Recreational Area in Las Vegas, Wilbur Mays Great Basin Adventure, the Ronald McDonald House and the Kids on the Block Program in Reno; and
whereas, These two Junior Leagues have joined together to advocate for mutually endorsed position statements which affect the entire state by means of the Junior Leagues of Nevada, State Public Affairs Network (SPAN); and
whereas, The Junior League State Public Affairs Network advocates a position statement on children, to wit: The Junior Leagues of Las Vegas and Reno are committed to ensuring that children have the opportunities and services essential for their physical, intellectual, emotional, mental and social growth and will advocate to see that such opportunities and services are provided; and
whereas, The Junior League State Public Affairs Network advocates a position statement on women, to wit: The Junior Leagues of Las Vegas and Reno support the goals of fair and equal opportunities for women and will advocate the attainment of this goal; and
whereas, The past legislative efforts include the Junior League State Public Affairs Network publication Focus on Nevadas Children which successfully influenced legislation regarding the childrens trust fund and foster care; and
whereas, The current Junior League State Public Affairs Network publication Focus on Nevadas Women will heighten public awareness concerning critical social issues relating to women in Nevada; and
whereas, On January 30, 1989, members of the Junior Leagues of both Las Vegas and Reno will meet with members of the Nevada Legislature in Carson City to advocate further these positions; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That members of the Junior Leagues of Nevada be commended for their unselfish contributions to the people of Nevada and to the nation; and be it further
κ1989 Statutes of Nevada, Page 2215 (FILE NUMBER 15, SCR 11)κ
resolved, That in recognition of the contributions the Junior Leagues of Nevada have made, January 30, 1989, is hereby declared to be Junior League Day; and be it further
resolved, That copies of this resolution be transmitted by the Secretary of the Senate to the Junior League of Las Vegas and the Junior League of Reno.
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Assembly Resolution No. 7Assemblyman Dini
FILE NUMBER 16
ASSEMBLY RESOLUTIONProviding for the appointment of an additional attache.
resolved by the assembly of the state of nevada, That Dianne F. Merrithew is elected as an additional attache of the Assembly for the 65th session of the Legislature of the State of Nevada.
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Senate Concurrent Resolution No. 14Senators Malone, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 17
SENATE RESOLUTIONCommemorating Boy Scout Government Day.
whereas, February 6, 1989, has been designated as Boy Scout Government Day in Nevada; and
whereas, The Nevada Area Council and the Boulder Dam Area Council of the Boy Scouts of America adhere to the fine tradition of promoting good citizenship in the young men and women of this state through the programs developed for Boy Scout Government Day; and
whereas, The fundamental philosophy of the Boy Scout movement emphasizes preparation for adult life and Boy Scout Government Day assists in this course with a program that introduces Boy Scouts to a variety of governmental activities; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That February 6, 1989, be declared to be Boy Scout Government Day; and be it further
resolved, That the Boy Scouts of the Nevada Area Council and the Boulder Dam Area Council be heartily commended for their interest in our government; and be it further
κ1989 Statutes of Nevada, Page 2216 (FILE NUMBER 17, SCR 14)κ
resolved, That copies of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to the Nevada Area Council and the Boulder Dam Area Council of the Boy Scouts of America.
________
Senate Resolution No. 5Senators Townsend, Beyer, Coffin, Hickey, Horn, Joerg, Malone, Mello, Neal, ODonnell, Raggio, Rhoads, Shaffer, Smith, Titus, Vergiels, Wagner and Getto
FILE NUMBER 18
SENATE RESOLUTIONCongratulating Marianne del Castillo for her outstanding performance in national competitions for weight lifting.
whereas, Marianne del Castillo has been lifting weights in competition for the past 3 years; and
whereas, On February 20, 1988, Marianne set the current womens record in the 114-pound weight class in the State of Nevada by lifting 265 pounds in the squat lift, 135 pounds in the bench press and 260 pounds in the deadlift, for a total combined weight of 660 pounds; and
whereas, In October of 1988 Marianne set four national records in the womens 97-pound class by lifting 242.5 pounds in the squat lift, 137.7 pounds in the bench press and 270 pounds in the deadlift, for a total combined weight of 650.2 pounds; and
whereas, On January 27, 1989, Marianne went to Oklahoma City, Oklahoma, to compete in the United States Powerlifting Federations Natural Nationals and placed first in the womens 105-pound weight class while setting four national records by lifting 286.5 pounds in the squat lift, 148.7 pounds in the bench press and 264.5 pounds in the deadlift, for a total combined weight of 699.7 pounds; and
whereas, While competing in Oklahoma, Marianne received the award for outstanding lifter, which is awarded to the person who lifts the most weight for their own body weight; and
whereas, Mariannes achievements have come without the aid of steroids or other performance-enhancing drugs; and
whereas, In July of this year the Womens Nationals will be held in Las Vegas and Marianne hopes to win the national title in the womens 97-pound weight class; now, therefore, be it
resolved by the senate of the state of nevada, That the members of the Senate of the Nevada Legislature congratulate and commend Marianne del Castillo for her outstanding talent and success as a weight lifter, and her commitment to drug-free training; and be it further
resolved, That this legislative body wishes Marianne good luck in her upcoming competitions; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to Marianne del Castillo.
________
κ1989 Statutes of Nevada, Page 2217κ
Assembly Concurrent Resolution No. 18Assemblymen Dini and Bergevin
FILE NUMBER 19
ASSEMBLY CONCURRENT RESOLUTIONExpressing the mutual consent of the Assembly and Senate to an adjournment from Wednesday, March 8, to Monday, March 13, 1989.
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 Wednesday, March 8, until its normal convening hour on Monday, March 13, 1989.
________
Senate Concurrent Resolution No. 7Committee on Judiciary
FILE NUMBER 20
SENATE CONCURRENT RESOLUTIONDirecting the Department of Human Resources to establish a formula for sharing, between the state and the counties, the costs of housing juveniles in certain facilities.
whereas, Counties pay a large portion of the cost of housing a juvenile at a regional facility for children or at a regional halfway house for juveniles; and
whereas, The cost of housing a juvenile in such a facility creates an incentive to place a juvenile in a more restrictive environment than may be necessary; and
whereas, Placing a juvenile in a more restrictive environment than is necessary is contrary to the interests of both the juvenile and the state; and
whereas, The State of Nevada has an interest in the health and welfare of all children residing in the state and has an interest in sharing, with counties, the burden of financing the costs of housing juveniles; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Department of Human Resources is hereby directed to determine the costs associated with committing a child to the custody of a regional facility for children, as defined in NRS 62.325, or to a facility deemed by a juvenile court to be a regional halfway house for juveniles, including, but not limited to, the costs of the childs support and maintenance and the provision of parole services to the child and facility; and be it further
resolved, That the Department of Human Resources is directed to establish a formula in cooperation with affected entitles, including, but not limited to, county governments, the Department of Education, the Youth Services Division and the Welfare Division of the Department of Human Resources, judges of the juvenile courts and juvenile probation officers, setting forth the percentage of the costs that the state shall pay, and the percentage of the costs the county of the childs residence shall pay; and be it further
resolved, That before the adjournment of the 65th session of the Nevada Legislature, the Department of Human Resources shall prepare and submit a report on the formula established or on the progress thereof to the members of the Nevada Legislature; and be it further
κ1989 Statutes of Nevada, Page 2218 (FILE NUMBER 20, SCR 7)κ
report on the formula established or on the progress thereof to the members of the Nevada Legislature; and be it further
resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Director of the Department of Human Resources.
________
Senate Concurrent Resolution No. 10Committee on Judiciary
FILE NUMBER 21
SENATE CONCURRENT RESOLUTIONUrging the judges of the juvenile divisions of the district courts to consider persons recommended by the boards of county commissioners when appointing members of the probation committee.
whereas, County governments provide the majority of financial support for the juvenile divisions of the district courts and the related services provided to juveniles; and
whereas, NRS 62.100 and 62.105 provide for the establishment of probation committees comprised of members who are appointed by the judge or judges of each district; and
whereas, The duties of the probation committees include advising the juvenile divisions of the district courts on matters relating to the control and management of any facility for the temporary detention of children which is administered or financed by the county; and
whereas, The boards of county commissioners are understandably concerned and interested in the administration of juvenile justice in their counties and would like to be involved in the workings of the probation committees; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the judges of the juvenile divisions of the district courts are urged to consider persons recommended by the boards of county commissioners of their respective counties when appointing members of their respective probation committees; and be it further
resolved, That a copy of this regulation be prepared and transmitted forthwith by the Secretary of the Senate to the judges of the juvenile divisions of each district court in this state.
________
κ1989 Statutes of Nevada, Page 2219κ
Assembly Concurrent Resolution No. 19Assemblymen Regan, Porter, Fay, Gaston, Myrna Williams, Wisdom, Jeffrey, Sedway, McGaughey, Sader, Wendell Williams, McGinness, Arberry, Triggs, Kissam, Adler, DuBois, Thompson, Callister, Brookman, Gibbons, Marvel, Chowning, Kerns, Bogaert, Price, Banner, Humke, Garner, Freeman, Lambert, Diamond, Schofield, Carpenter and Sheerin
FILE NUMBER 22
ASSEMBLY CONCURRENT RESOLUTIONCongratulating the Las Vegas Convention and Visitors Authority on the 30th anniversary of the Las Vegas Convention Center.
whereas, The Las Vegas Convention Center is celebrating its 30th anniversary on February 25, 1989; and
whereas, The Convention Center and the Las Vegas Convention and Visitors Authority have, over the past 3 decades, attracted millions of visitors to southern Nevada, and have had a multibillion-dollar impact on the economy of southern Nevada and the entire state of Nevada; and
whereas, The Las Vegas Convention Center has served as a centerpiece for southern Nevadas convention business, and has helped secure the reputation of Las Vegas as one of the nations preeminent convention cities; and
whereas, This reputation has greatly benefited the tourism industry in Las Vegas as well as other industries in the state; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature commends the Las Vegas Convention and Visitors Authority for its efforts to promote and develop Nevadas tourism and economy; and be it further
resolved, That members of the Nevada Legislature hereby congratulate the Las Vegas Convention and Visitors Authority on the 30th anniversary of the Las Vegas Convention Center; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Manny Cortez, chairman of the board of directors of the Las Vegas Convention and Visitors Authority.
________
Assembly Resolution No. 8Assemblymen Adler, Sheerin, Dini, Schofield, Swain, Evans, Wendell Williams, Porter, Callister, Gibbons, DuBois, Lambert, Kerns, Bogaert, Nevin, Myrna Williams, Thompson, Garner, Gaston, Sedway, McGaughey, Bergevin, Price, Fay, Jeffrey, Brookman, Humke, Marvel, Kissam, Wisdom, McGinness, Arberry, Diamond and Regan
FILE NUMBER 23
ASSEMBLY RESOLUTIONMemorializing the late Victor Goodwin, conservationist and historian.
whereas, The members of this body note with profound sorrow the recent death of Victor O. Goodwin; and
κ1989 Statutes of Nevada, Page 2220 (FILE NUMBER 23, AR 8)κ
whereas, Mr. Goodwin was born on July 28, 1912, in Trinidad, Colorado; and
whereas, Victor Goodwin attended elementary school in Trinidad, graduated from East Denver High School and received his bachelors degree in forestry from Colorado State College; and
whereas, During World War II, Mr. Goodwin served his country in the United States Navy by making maps from aerial photographs; and
whereas, Following World War II, Mr. Goodwin moved to Idaho where he was employed as a District Ranger with the United States Forest Service in the Snake River District; and
whereas, Victor Goodwin continued to work for the United States Forest Service for 37 1/2 years; and
whereas, Mr. Goodwin moved to Nevada in 1951, and was employed as a District Ranger for the Toiyabe National Forest, Forest Service Representative on the Humboldt River Basin water study and Forest Service Representative on the Central Lahontan Basin water study; and
whereas, Mr. Goodwin became interested in Nevada history while living in Elko and co-authored Nevadas Northeast Frontier with Edna B. Patterson and Louise Ulph, and also wrote numerous treatises, pamphlets and papers for the Federal Government including a book on the Pinion Juniper; and
whereas, Mr. Goodwin served as editor for Hugh Shambergers series on the mining towns and ghost towns of Nevada; and
whereas, Mr. Goodwin served as a consultant for the book on the Pony Express, published by the Bureau of Land Management, as well as researching and writing many of the descriptions on the historical markers of the Nevada Department of Transportation; and
whereas, Mr. Goodwin joined the Rotary Club in Elko, in 1951, and later transferred his membership to Carson City where he was past president and fondly known as the Curmudgeon of the club; and
whereas, Recently Mr. Goodwin had been working for several years on the history of the First Presbyterian Church in Carson City, and a portion of this book will be published in time for the 125th anniversary of the church; now, therefore, be it
resolved by the assembly of the state of nevada, That Victor O. Goodwin will be remembered with highest regard as one of Nevadas foremost historians and conservationists; and be it further
resolved, That members of this body express their deepest sympathies and extend their sincere condolences to Mr. Goodwins wife of 49 years, Rosalie; and be it further
resolved, That a copy of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to Rosalie Goodwin.
________
κ1989 Statutes of Nevada, Page 2221κ
Assembly Joint Resolution No. 1Assemblymen Wendell Williams, Arberry, Garner, McGinness, Adler, Schofield, Kerns, Fay, Lambert, Wisdom, Freeman, Triggs, Swain, Diamond, Thompson, Nevin, Porter, Jeffrey and Humke
FILE NUMBER 24
ASSEMBLY JOINT RESOLUTIONUrging Congress to improve programs to prevent the smuggling of illegal drugs into this country.
whereas, The unlawful sale and use of illegal drugs in our country is an increasing problem; and
whereas, These drugs have a damaging effect on the youth of our country; and
whereas, Illegal drugs are responsible for a growing percentage of the violent crime in this country; and
whereas, The amount of money spent for illegal drugs is a drain on the economies of the state and nation; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature hereby urges the Congress of the United States to adopt legislation to establish more effective programs for the interdiction of illegal drugs and to appropriate additional money to the United States Coast Guard to assist in this effort; and be it further
resolved, That a copy of this resolution be transmitted by the Chief Clerk of the Assembly to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
Assembly Concurrent Resolution No. 20Assemblymen Regan, Porter, Fay, Gaston, Myrna Williams, Wisdom, Jeffrey, Sedway, McGaughey, Sader, Wendell Williams, McGinness, Arberry, Triggs, Kissam, Adler, DuBois, Thompson, Callister, Brookman, Gibbons, Marvel, Chowning, Kerns, Bogaert, Price, Banner, Humke, Garner, Freeman, Lambert, Diamond, Schofield, Carpenter and Sheerin
FILE NUMBER 25
ASSEMBLY CONCURRENT RESOLUTIONCommending the Air Force Association for its World Congress of Flight.
whereas, In 1958 the Air Force Association determined that a worldwide aviation event conducted in the United States and addressing the advent of jet aviation, both military and commercial, would be in the best interests of the nation; and
whereas, The Association proposed that such an event be composed of seminars, symposia, industrial displays and flying exhibitions over a period of 1 week with foreign nations being invited to participate; and
κ1989 Statutes of Nevada, Page 2222 (FILE NUMBER 25, ACR 20)κ
whereas, Fifty-one foreign nations participated in the first World Congress of Flight which was held in Las Vegas the week of April 12, 1959; and
whereas, This week-long event, which was televised nationally, was viewed by more than 40 million Americans; and
whereas, The World Congress of Flight was considered by the media and aviation officials around the world to be the greatest aviation event of its kind ever conducted anywhere; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Sixty-fifth Session of the Nevada Legislature pays special tribute to the Air Force Association, which includes more than 220,000 members from 300 chapters around the world, on the 30th anniversary of its world-famous World Congress of Flight; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to General Charles Donnelly, USAF (ret.) of the Air Force Association.
________
Senate Joint Resolution No. 24 of the 64th SessionCommittee on Judiciary
FILE NUMBER 26
SENATE JOINT RESOLUTIONProposing to amend section 6 of article 6 of the constitution of the State of Nevada to authorize the establishment of a family court.
resolved by the senate and assembly of the state of nevada, jointly, That section 6 of article 6 of the constitution of the State of Nevada be amended to read as follows:
Sec. 6. 1. The District Courts in the several Judicial Districts of this State [shall] have original jurisdiction in all cases excluded by law from the original jurisdiction of justices courts. They [shall] also have final appellate jurisdiction in cases arising in Justices Courts [,] and such other inferior tribunals as may be established by law. The District Courts, and the Judges thereof [shall] have power to issue writs of Mandamus, Injunction, Quo Warranto, Certiorari, and all other writs proper and necessary to the complete exercise of their jurisdiction , [;] and also [shall] have power to issue writs of Habeas Corpus on petition by, or on behalf of any person held in actual custody in their respective districts.
2. The legislature may provide by law for [referees] :
(a) Referees in district courts.
(b) The establishment of a family court as a division of any district court and may prescribe its jurisdiction.
________
κ1989 Statutes of Nevada, Page 2223κ
Senate Concurrent Resolution No. 18Senators Horn, Beyer, Coffin, Getto, Hickey, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 27
SENATE CONCURRENT RESOLUTIONCommending Frank E. Scott for living his life filled with service to his family, community and state.
whereas, Frank E. Scott was born on February 24, 1920, in Los Angeles, California, and moved to Las Vegas in 1936; and
whereas, After serving in the South Pacific as an Army Infantry Lieutenant during World War II, he returned to Las Vegas to begin a life which has been filled with numerous business successes; and
whereas, Through hard work, dedication and honesty, Mr. Scott founded the Union Plaza Hotel and Casino which opened in 1971, and following the completion of a $50 million expansion project in 1984, he resigned as president and in 1986 sold his interest in the resort; and
whereas, Mr. Scott and his immediate family are the major shareholders of Dres Media, Incorporated, a Nevada corporation, as well as owners of KRLR TV Channel 21 in Las Vegas; and
whereas, Mr. Scott recently retired as Chairman of the Board of Directors of First Western Financial Corporation, served as Vice President, Director and Chairman of the Executive Committee of First Western Savings Association, and is currently President of HSST Nevada Corporation, a Japanese company which plans to use technology relating to magnetic levitation to exhibit its high-speed train; and
whereas, Mr. Scotts earlier business affiliations were as the owner and General Manager of Roberts Roof and Floor from 1946 to 1973, owner of Dealers Wholesale from 1952 to 1965, Vice President and Director of Stocks Mill and Supply from 1962 until 1973, and President of Vegas Airmotive Company from 1961 to 1964 at McCarran Field; and
whereas, Throughout his busy life Mr. Scott always found the time to become involved with his community, serving as President of the Las Vegas Builders Exchange from 1953-54, President of the Federated Employers of Nevada from 1956-57, member of the Sheriffs Mounted Posse from 1947 until is disbanded and Captain from 1957-59, President of the Las Vegas Chamber of Commerce from 1966-67, member of the Nevada State Contractors License Board from 1955-73, and Chairman in 1967, member of the Las Vegas Convention Authority from 1971-73, President of the Nevada Development Authority (formerly, Southern Nevada Industrial Foundation) from 1974-75, President of the Nevada Resort Association from 1975-77, Director of the Air Force Academy Foundation, Incorporated, and Trustee for the Checkerboard Land and Public Safety; and
whereas, Frank E. Scott has supported and been involved with the University of Nevada at Las Vegas for several years; and
whereas, He was the recipient of the Hotel Sales Management Association Man of the Year for 1982; and
κ1989 Statutes of Nevada, Page 2224 (FILE NUMBER 27, SCR 18)κ
whereas, Seldom has one man been able to capture the respect, love and admiration of his friends, associates, employees and family to such an extent as Frank E. Scott; and
whereas, His untiring efforts on behalf of the causes he has served are deserving of the highest praise and commendation; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That Frank E. Scott is hereby commended on his 69th birthday for his outstanding public service and contributions to the State of Nevada and that the gratitude and appreciation of this Legislature and of the people of Nevada is hereby expressed to him; and be it further
resolved, That a copy of this resolution be transmitted by the Secretary of the Senate to Mr. Frank E. Scott.
________
Assembly Concurrent Resolution No. 22Assemblymen Price, Spinello, Sedway, Callister, Bogaert, Brookman, Gibbons, Marvel, Sader, Freeman, Humke, Wisdom, Regan, Spriggs, Kissam, Lambert, Chowning, Gaston, DuBois, Evans, Fay, Porter, Wendell Williams, Carpenter, Arberry, Triggs, Thompson, Kerns, Schofield, Swain, Dini, Jeffrey, McGinness, Bergevin, Sheerin, Garner, Nevin, Adler, Myrna Williams, Banner, Diamond and McGaughey
FILE NUMBER 28
ASSEMBLY CONCURRENT RESOLUTIONDeclaring the week of February 27 as Nevada Thunderbird Week.
whereas, The famous Air Demonstration Squadron of the United States Air Force, known throughout the world as the Thunderbirds, has made its home at Nellis Air Force Base for the past 34 years; and
whereas, The Thunderbirds have performed their precision maneuvers in 45 countries in the free world before 224 million persons, earning respect and admiration for themselves and the Air Force; and
whereas, The 130 men and women that constitute the Thunderbird team exhibit the qualities of professionalism, dedication and patriotism that best reflect this nation and this state; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the week of February 27 is declared Nevada Thunderbird Week; and be it further
resolved, That copies of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to Lieutenant Colonel Stephen Trent, Commander/Leader of the U.S. Air Force Air Demonstration Squadron, Brigadier General John Jumper, Commander of the 57th Fighter Weapons Wing, Major General Joseph W. Ashy, Commander of the Tactical Fighter Weapons Air Center, General Robert D. Russ, Commander of the Tactical Air Command and General Larry D. Welch, Chief of Staff of the Air Force.
________
κ1989 Statutes of Nevada, Page 2225κ
Assembly Resolution No. 9Assemblymen Wendell Williams, Garner, Jeffrey, Kissam, Thompson, Adler, Schofield, Banner, Gaston, Arberry, Humke, Triggs, McGinness, Freeman, Swain, Callister, Fay, Nevin, Porter, Sedway, Myrna Williams, Wisdom, Spinello, Brookman, Dini, Carpenter, Diamond, Kerns, Bogaert, Regan, Chowning, Price, Sheerin, Evans, Sader, Bergevin, Marvel, Spriggs, Lambert, McGaughey, DuBois and Gibbons
FILE NUMBER 29
ASSEMBLY RESOLUTIONThanking Dr. Paul E. Meacham for his participation in the Legislatures ceremony on opening day honoring Dr. Martin Luther King, Jr.
whereas, The members of this house were honored to have Dr. Paul E. Meacham as the keynote speaker for the ceremony honoring Dr. Martin Luther King held on the opening day of the Sixty-fifth Session of the Nevada Legislature; and
whereas, Dr. Meacham is a man who has excelled in the academic field, first by receiving his undergraduate degree with honors from Tennessee A&I University, later by obtaining a masters degree in music education from the University of Michigan, again with honors, and in 1971 by receiving his doctorial degree in junior college administration from the University of Texas; and
whereas, Since moving to Nevada, Dr. Meachams work as President of the Clark Community College has improved the image and accountability of our community college system; and
whereas, Dr. Meacham demonstrated his remarkable skills as an orator when he addressed this body on its opening day by delivering words which so eloquently reminded all Nevadans of the work and dreams of Dr. Martin Luther King Jr.; now, therefore, be it
resolved by the assembly of the state of nevada, That the members of this body appreciate greatly the contributions Dr. Paul E. Meacham has made toward improving higher education in this state; and be it further
resolved, That the members of the Assembly thank Dr. Meacham for his eloquent participation in the legislative ceremony honoring Dr. Martin Luther King on January 16, 1989; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Dr. Paul E. Meacham.
________
κ1989 Statutes of Nevada, Page 2226κ
Assembly Concurrent Resolution No. 9Assemblymen Jeffrey, Dini, Spinello, Sedway, Evans, Marvel, Price, Humke, DuBois, Swain, Kerns, Arberry, Callister, Myrna Williams, Freeman, Gaston, Gibbons, Chowning, Garner, Porter, Wendell Williams, Diamond, Banner, Thompson, Nevin, Triggs, Carpenter, Regan, Spriggs, Bergevin, McGaughey, Brookman, Adler, Sheerin, Schofield, Lambert, Kissam and Bogaert
FILE NUMBER 30
ASSEMBLY CONCURRENT RESOLUTIONUrging the state board of education to require that pupils be given the opportunity to participate in youth organizations for occupational education.
whereas, Programs in occupational education will be increasing in the future to meet the demand of todays job market; and
whereas, Often in the past, pupils who entered programs in occupational education were denied participation in school organizations because the majority of those organizations were related to college preparatory classes; and
whereas, Participation in interest-oriented clubs and organizations promote improvement of a pupils self-image; and
whereas, Presently there are very few clubs or organizations available to pupils who are enrolled in programs in occupational education; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada legislature urges the state board of education and the boards of trustees of the respective county school districts to require that pupils be given the opportunity to participate in youth organizations or clubs for occupational education; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to the state board of education and each board of trustees of the respective county school districts in Nevada.
________
κ1989 Statutes of Nevada, Page 2227κ
Assembly Concurrent Resolution No. 7Assemblymen Jeffrey, Dini, Spinello, Sedway, Evans, Marvel, Price, Humke, DuBois, Swain, Kerns, Arberry, Callister, Myrna Williams, Freeman, Gaston, Gibbons, Chowning, Garner, Porter, Wendell Williams, Diamond, Banner, Thompson, Nevin, Triggs, Carpenter, Regan, Bergevin, Adler, McGaughey, Brookman, Sheerin, Schofield, Lambert, Kissam and Bogaert
FILE NUMBER 31
ASSEMBLY CONCURRENT RESOLUTIONUrging the local school boards to provide the necessary resources for occupational education of children with special educational needs.
whereas, Children with special educational needs can become productive in the occupational work force when given the opportunity to learn the necessary skills; and
whereas, Because of a lack of revenue dedicated to occupational education, many children who have special educational needs are not receiving occupational training which would allow them to become self-supportive; and
whereas, It is the responsibility of local school boards to provide programs which best meet the needs of all children; and
whereas, Facilities for and instructors of occupational education are currently very limited throughout Nevada; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the legislature urges the local school boards of the State of Nevada to provide the necessary resources for the occupational education of children with special educational needs; and be it further
resolved, That a copy of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to every school board in Nevada.
________
Assembly Concurrent Resolution No. 8Assemblymen Jeffrey, Dini, Spinello, Sedway, Evans, Marvel, Price, Humke, DuBois, Swain, Kerns, Arberry, Callister, Myrna Williams, Freeman, Gaston, Gibbons, Chowning, Garner, Porter, Wendell Williams, Diamond, Banner, Thompson, Nevin, Triggs, McGinness, Carpenter, Regan, Bergevin, Brookman, Adler, McGaughey, Sheerin, Schofield, Kissam, Lambert and Bogaert
FILE NUMBER 32
ASSEMBLY CONCURRENT RESOLUTIONUrging the board of regents of the University of Nevada System to review programs for the education of teachers of occupational education and to increase the availability of those programs.
whereas, The majority of jobs in the future will require occupational training; and
whereas, Todays educational system continues to prepare students to attend college and earn degrees for jobs which are becoming scarce; and
κ1989 Statutes of Nevada, Page 2228 (FILE NUMBER 32, ACR 8)κ
whereas, It is critical that the educational system meet the needs of all students, particularly those students with special needs, and prepare them to be employable; and
whereas, Representatives of business and industry in Nevada have stated that the current educational system is not adequately preparing students for the available jobs; and
whereas, Schools will need more teachers trained in occupational education to meet the needs of the future; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That this legislature urges the board of regents of the University of Nevada System to review programs for the education of teachers of occupational education and increase the availability of these programs; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the board of regents of the University of Nevada System.
________
Senate Joint Resolution No. 22 of the 64th SessionCommittee on Taxation
FILE NUMBER 33
SENATE JOINT RESOLUTIONProposing to amend the Nevada constitution to establish a tax on the net proceeds of minerals extracted at rates separate from the tax on property.
resolved by the senate and assembly of the state of nevada, jointly, That section 1 of article 10 be amended and a new section be added to article 10 of the constitution of the State of Nevada and to read respectively as follows:
Section 1. 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.] only as provided in section 5 of this article.
2. Shares of stock, 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.
3. 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.
κ1989 Statutes of Nevada, Page 2229 (FILE NUMBER 33, SJR 22 of the 64th Session)κ
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.
4. 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.
5. 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.
6. 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.
7. No inheritance tax shall ever be levied.
8. The legislature may exempt by law property used 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.
Sec. 5. 1. The legislature shall provide by law for a tax upon the net proceeds of all minerals, including oil, gas and other hydrocarbons, extracted in this state, at a rate not to exceed 5 percent of the net proceeds. No other tax may be imposed upon a mineral or its proceeds until the identity of the proceeds as such is lost.
2. The legislature shall appropriate to each county that sum which would be produced by levying a tax upon the entire amount of the net proceeds taxed in each taxing district in the county at the rate levied in that district upon the assessed valuation of real property. The total amount so appropriated to each county must be apportioned among the respective governmental units and districts within it, including the county itself and the school district, in the same proportion as they share in the total taxes collected on property according to value.
3. Each patented mine or mining claim must be assessed and taxed as other real property is assessed and taxed, except that no value may be attributed to any mineral known or believed to underlie it, and no value may be attributed to the surface of a mine or claim if one hundred dollars worth of labor has been actually performed on the mine or claim during the year preceding the assessment.
________
κ1989 Statutes of Nevada, Page 2230κ
Assembly Joint Resolution No. 34 of the 64th SessionCommittee on Taxation
FILE NUMBER 34
ASSEMBLY JOINT RESOLUTIONProposing to amend section 3 of article 9 of the constitution of the State of Nevada to raise the limit of indebtedness which the state may incur to 2 percent of assessed valuation.
resolved by the assembly and senate of the state of nevada, jointly, That section 3 of article 9 of the constitution of the State of Nevada be amended to read as follows:
Sec. 3. The state may contract public debts; but such debts shall never, in the aggregate, exclusive of interest, exceed the sum of [one] two per cent of the assessed valuation of the state, as shown by the reports of the county assessors to the state controller, except for the purpose of defraying extraordinary expenses, as hereinafter mentioned. Every such debt shall be authorized by law for some purpose or purposes, to be distinctly specified therein; and every such law shall provide for levying an annual tax sufficient to pay the interest semiannually, and the principal within twenty years from the passage of such law, and shall specially appropriate the proceeds of said taxes to the payment of said principal and interest; and such appropriation shall not be repealed nor the taxes postponed or diminished until the principal and interest of said debts shall have been wholly paid. Every contract of indebtedness entered into or assumed by or on behalf of the state, when all its debts and liabilities amount to said sum before mentioned, shall be void and of no effect, except in cases of money borrowed to repel invasion, suppress insurrection, defend the state in time of war, or, if hostilities be threatened, provide for the public defense.
The state, notwithstanding the foregoing limitations, may, pursuant to authority of the legislature, make and enter into any and all contracts necessary, expedient or advisable for the protection and preservation of any of its property or natural resources, or for the purposes of obtaining the benefits thereof, however arising and whether arising by or through any undertaking or project of the United States or by or through any treaty or compact between the states, or otherwise. The legislature may from time to time make such appropriations as may be necessary to carry out the obligations of the state under such contracts, and shall levy such tax as may be necessary to pay the same or carry them into effect.
________
κ1989 Statutes of Nevada, Page 2231κ
Assembly Resolution No. 10Committee on Taxation
FILE NUMBER 35
ASSEMBLY RESOLUTIONAdopting the condensation, explanation and arguments for Assembly Joint Resolution No. 34 of the 64th session.
resolved by the assembly of the state of nevada, That the condensation, explanation and arguments for and against Assembly Joint Resolution No. 34 of the 64th session shall read as follows:
Condensation (ballot question)
Shall the Nevada constitution be amended to increase the bonding capacity of the state?
Explanation
The Nevada constitution limits the bonding capacity of the state to 1 percent of the assessed value of all taxable property in the state. The proposed amendment would increase the capacity to 2 percent.
Argument for Passage
Nevadas current bonding capacity of 1 percent of assessed value is restrictive and causes many public facilities to be paid for from current tax revenues or causes construction to be postponed. Increasing the bonding capacity would allow additional bond financing which is important in a state with rapid population and economic growth.
Arguments Against Passage
If additional money is needed for the construction of public facilities, the state should use other methods to pay for them.
________
Senate Concurrent Resolution No. 19Senators Townsend, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Vergiels and Wagner
FILE NUMBER 36
SENATE CONCURRENT RESOLUTIONDeclaring the month of March as Mental Retardation Month.
whereas, Mental retardation is a condition which today affects more than 6 million American children and adults and their families; and
κ1989 Statutes of Nevada, Page 2232 (FILE NUMBER 36, SCR 19)κ
whereas, The most effective weapons for alleviation of the serious problems associated with mental retardation are public knowledge and understanding; and
whereas, The potential for citizens with mental retardation to function more independently and productively must be fostered; and
whereas, During the month of March, a network of cooperating agencies are forging vital employment, educational and fund-raising campaigns under private sector initiatives; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the month of March 1989, is hereby declared Mental Retardation Month; and be it further
resolved, That residents of the State of Nevada are urged to give their full support to efforts of local associations for retarded citizens toward enabling persons with mental retardation to live productive lives and achieve their full potential.
________
Senate Resolution No. 6Committee on Taxation
FILE NUMBER 37
SENATE RESOLUTIONAdopting the condensation, explanation and arguments for Senate Joint Resolution No. 22 of the 64th session.
resolved by the senate of the state of nevada, That the condensation, explanation and arguments for and against Senate Joint Resolution No. 22 of the 64th session shall read as follows:
Condensation (ballot question)
Shall the Nevada constitution be amended to allow the taxation of minerals at a rate different than other property and to limit other taxes upon minerals and their proceeds?
Explanation
The proposed amendment would allow the legislature to tax the net proceeds of mines at a rate different than other property, up to the constitutional limit of 5 percent.
Argument for Passage
This proposal would allow the legislature to generate additional revenue for the state by requiring the mining industry to pay increased taxes.
κ1989 Statutes of Nevada, Page 2233 (FILE NUMBER 37, SR 6)κ
Argument Against Passage
There is a perception that the mining industry already pays sufficient taxes.
________
Senate Concurrent Resolution No. 8Committee on Judiciary
FILE NUMBER 38
SENATE CONCURRENT RESOLUTIONEncouraging the county school districts to increase their use of techniques to test and diagnose conduct-disordered and emotionally disturbed children.
whereas, The abnormal behavioral patterns displayed by children who are emotionally disturbed are similar to the abnormal behavioral patterns displayed by children who are diagnosed as conduct-disordered, but the reasons for their sudden outbursts are distinct, thus requiring different treatment; and
whereas, The abnormal behavior of children who are diagnosed as emotionally disturbed may be caused by organically triggered malfunctions of the brain which prohibit the children from controlling their actions; and
whereas, The children who are diagnosed as conduct-disordered are those who are capable of controlling their abnormal behavior since it is not organically triggered but, instead, voluntarily carried out; and
whereas, There is federal money available to the states to be used to help meet the expenses of treating emotionally disturbed children, but not to help meet the expenses incurred in treating conduct-disordered children; and
whereas, Early detection of the exact cause of the abnormal behavior patterns of children would enable the children to receive the appropriate kind of treatment and, in the case of emotionally disturbed children, would enable the states to receive additional federal assistance; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That each of the county school districts is encouraged to increase their use of techniques to test and diagnose conduct-disordered and emotionally disturbed children in the public schools; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to the president of the board of trustees of each county school district in this state.
________
κ1989 Statutes of Nevada, Page 2234κ
Senate Concurrent Resolution No. 15Senator Neal
FILE NUMBER 39
SENATE CONCURRENT RESOLUTIONCommemorating African-American History Month.
whereas, African-American History Month will be celebrated in Nevada throughout the month of February; and
whereas, Although African-Americans have made significant contributions to the history of Nevada, little significant study has been accomplished in the area of western African-American history, especially in Nevada; and
whereas, Nevadans will have more of an opportunity to become aware of the African-American influence on the history of Nevada during this month than ever before; and
whereas, When the West was first settled, African-Americans although legally free and legally citizens, were nevertheless effectively disenfranchised throughout many states and subjected to various types of discrimination and segregation, legal and extralegal, throughout most of the other states; and
whereas, History has shown that there was, however, a small African-American population in Nevada who were able to maintain an active social, religious and cultural identity, while aggressively asserting their rights to legal and educational equality, and from this population came many able and reasonably prosperous community leaders; and
whereas, Historically, until the relatively recent past, there has been a deliberate neglect of the achievements or even the existence of African-Americans in the West, however, racial patterns and attitudes have played a great role in the history of Nevada and will continue to be important in our future; and
whereas, While much more should be done to acknowledge the importance of the minority races in this state, our recognition and observance of African-American History Month is a step in that direction; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the month of February be celebrated throughout Nevada as African-American History Month; and be it further
resolved, That the citizens of this state join in this observance and celebration of a specific portion of American history which confers special meaning on the goal of brotherhood in American life and especially here in Nevada.
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κ1989 Statutes of Nevada, Page 2235κ
Senate Concurrent Resolution No. 20Senators Titus, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Townsend, Vergiels and Wagner
FILE NUMBER 40
SENATE CONCURRENT RESOLUTIONCommemorating Girl Scout Government Day.
whereas, March 14, 1989, has been designated as Girl Scout Government Day in Nevada; and
whereas, The Sierra Nevada Girl Scout Council and the Frontier Girl Scout Council adhere to the fine tradition of promoting good citizenship in the young men and women of this state through the programs developed for Girl Scout Government Day; and
whereas, The fundamental philosophy of the Girl Scout movement emphasizes preparation for adult life and Girl Scout Government Day assists in this course with a program that introduces Girl Scouts to a variety of governmental activities; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That March 14, 1989, be declared to be Girl Scout Government Day; and be it further
resolved, That the Sierra Nevada Girl Scout Council and the Frontier Girl Scout Council be heartily commended for their interest in our government; and be it further
resolved, That copies of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to the Sierra Nevada Girl Scout Council and the Frontier Girl Scout Council.
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Assembly Concurrent Resolution No. 24Assemblymen Dini, Jeffrey, Sader, Nevin, Myrna Williams, Banner, Callister, Diamond, Porter, Chowning, Gibbons, Triggs, McGinness, Brookman, Adler, Regan, Carpenter, Wendell Williams, Spriggs, Kerns, Sedway, Fay, Spinello, Arberry, Bergevin, Gaston, Marvel, McGaughey, Freeman, Lambert, Humke, Thompson, Sheerin, Evans, Wisdom, Garner, Bogaert, DuBois, Price, Swain, Schofield, and Kissam
FILE NUMBER 41
ASSEMBLY CONCURRENT RESOLUTIONProclaiming March 15, 1989, as Veterans Affairs Day.
whereas, Throughout history, the people of this nation have defended their country with pride and courage; and
whereas, There are presently 27.6 million veterans living in the United States, of which 138,000 veterans live in the State of Nevada; and
whereas, On March 15, 1989, the Veterans Administration in Washington D.C. will become part of the Presidents cabinet and will be referred to as the Department of Veterans Affairs; and
κ1989 Statutes of Nevada, Page 2236 (FILE NUMBER 41, ACR 24)κ
whereas, As each war becomes a part of our nations history, all too often veterans needs are not recognized or addressed; and
whereas, The new Department of Veterans Affairs will enhance recognition of veterans and better serve those persons who were willing to risk their lives for their country; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the 65th session of the Nevada Legislature hereby recognize and honor all veterans and proclaim Wednesday, March 15, 1989, as Veterans Affairs Day; and be it further
resolved, That a copy of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to Edward Derwinski, Secretary of Veterans Affairs.
________
Senate Concurrent Resolution No. 6Senators Horn, Beyer, Getto, Neal, Hickey, ODonnell, Raggio, Coffin, Vergiels, Rawson, Shaffer, Smith, Titus, Mello, Malone, Joerg and Jacobsen
FILE NUMBER 42
SENATE CONCURRENT RESOLUTIONEncouraging the state public works board and the state fire marshal to use certain standards when dealing with historic resources.
whereas, The preservation of Nevadas historic resources is of utmost concern to residents of Nevada; and
whereas, Care must be taken not to destroy or damage needlessly Nevadas treasures from the past through carelessness or lack of knowledge; and
whereas, To ensure preservation of Nevadas historic resources for future generations, all available precautions must be taken; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the state public works board and the state fire marshal division in the department of commerce are hereby encouraged to use as guidelines the chapter of the Uniform Code for Building Conservation relating to historic structures and the United States Secretary of the Interiors Standards for Historic Preservation when dealing with the states historic resources; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to the state public works board and the state fire marshal.
________
κ1989 Statutes of Nevada, Page 2237κ
Assembly Concurrent Resolution No. 27Assemblymen Evans, Brookman, Sedway, Sader, Jeffrey, Thompson, Kissam, Price, Swain, Freeman, Wisdom, Sheerin, Spinello, Callister, Nevin, Porter, Diamond, McGinness, Spriggs, Fay, Myrna Williams, DuBois, Bogaert, Banner, Garner, McGaughey, Bergevin, Lambert, Adler, Dini, Chowning, Triggs, Gibbons, Gaston, Arberry, Carpenter, Kerns, Wendell Williams, Humke, Regan, Marvel and Schofield
FILE NUMBER 43
ASSEMBLY CONCURRENT RESOLUTIONCongratulating the University of Nevada School of Medicine for its accomplishments on its 20th anniversary and paying tribute to its creators and supporters.
whereas, Money was first appropriated for the University of Nevada School of Medicine by an act of the Nevada Legislature in 1969; and
whereas, Establishment of the School of Medicine was encouraged by the vision and generosity of the late Howard R. Hughes who pledged $4 million to assist the school financially; and
whereas, The Hughes legacy of generosity has continued through the Summa Corporation and William R. Lummis, as evidenced by the ongoing commitment to the University of Nevada System and the establishment of the engineering building at the University of Nevada at Las Vegas; and
whereas, The School of Medicine, with help from private philanthropy, has proven itself to be a statewide institution, with training programs in Reno, Las Vegas, Henderson, Elko, North Las Vegas, Carson City and Sparks, through the assistance of six community hospitals and over 500 community physicians; and
whereas, Every year approximately 45 students from Nevada are given the opportunity to pursue a medical education; and
whereas, More than 400 students trained entirely in Nevada have graduated from the school and an additional 200 students have been trained in the initial 2-year basic sciences program; and
whereas, The School of Medicine is addressing the problem of a shortage of physicians, especially in rural Nevada, and now has graduates in nearly every rural community; and
whereas, The School of Medicine is contributing to quality health care in Nevada by offering information and programs through the Savitt Medical Library, the Nutrition Education and Research Program, Genetics Network, Office of Rural Health, Geriatric and Gerontology Center, area Health Education Centers, and services through its continuing education to medical personnel; and
whereas, Important research is conducted by the School of Medicine in many areas including cancer, heart disease, stress, nutrition, diabetes and gastrointestinal disorders, bringing in nearly $3 million in research money to the state each year; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the 65th session of the Nevada Legislature commend and congratulate the University of Nevada School of Medicine on its 20th anniversary for the outstanding service it provides to the people of the State of Nevada; and be it further
κ1989 Statutes of Nevada, Page 2238 (FILE NUMBER 43, ACR 27)κ
its 20th anniversary for the outstanding service it provides to the people of the State of Nevada; and be it further
resolved, That this legislature pays special tribute to the efforts expended by Dr. Fred Anderson and the late Howard R. Hughes for their vision and foresight in establishing the school and to the Summa Corporation, William R. Lummis and the many other supporters for their ongoing commitment to the University of Nevada System; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to the University of Nevada Medical School, the Summa Corporation, Dr. Fred Anderson and William R. Lummis.
________
Assembly Concurrent Resolution No. 28Assemblymen McGinness, Wendell Williams, Spriggs, Freeman, Lambert, Spinello, Adler, DuBois, Bergevin, Diamond, Arberry, Kissam, Thompson, Sader, Price, Callister, Bogaert, Brookman, Gibbons, Marvel, Fay, Chowning, Regan, Kerns, Porter, Nevin, Jeffrey, Sheerin, Garner, Banner, Myrna Williams, Swain, Evans, Carpenter, Triggs, Humke, Gaston, Wisdom, McGaughey, Schofield, Sedway and Dini
FILE NUMBER 44
ASSEMBLY CONCURRENT RESOLUTIONDeclaring March 20, 1989, as Kiwanis Day in Nevada.
whereas, Seventy-four years ago a club was organized and chose Kiwanis for its name, which is a Chippewa Indian word meaning We make ourselves known; and
whereas, Members of the Kiwanis club work toward six principles, which include the primacy of spiritual values, living by the Golden Rule, adhering to high personal standards, engendering strong citizenship, building better communities through service and assisting in the formation of sound public opinion; and
whereas, Since 1917, the California, Nevada and Hawaii district, CAL-NEV-HA, has become the largest district in Kiwanis International; and
whereas, Nevada is proud of its own state divisions 23, 28 and 45 for their long history of service to Nevada; and
whereas, This body is honored to have Governor Richard L. Prada and Governor-elect Robert E. Wikoff of the California, Nevada and Hawaii district in attendance today; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That March 20, 1989, is hereby declared Kiwanis Day in Nevada; and be it further
resolved, That copies of this resolution be transmitted by the Chief Clerk of the Assembly to Governor Richard L. Prada and Governor-elect Robert E. Wikoff and to the lieutenant governors of the respective divisions of Nevada, Richard L.
κ1989 Statutes of Nevada, Page 2239 (FILE NUMBER 44, ACR 28)κ
Richard L. Gardner of Division 23, James D. Hutchens of Division 28 and Richard Van Buskirk of Division 45.
________
Assembly Concurrent Resolution No. 14Assemblymen Humke, Gaston and Sader
FILE NUMBER 45
ASSEMBLY CONCURRENT RESOLUTIONEncouraging the county school districts to seek sources of money for programs for children whose parents are employed after school hours.
whereas, There has been a substantial increase in the United States of the number of households in which both parents are employed, whether by choice or by necessity, during the time their children are at home after school; and
whereas, The growth of the two-income family and the single-parent family has resulted in an increasing number of children who are without any direct adult supervision after school hours; and
whereas, In response to this problem, the boards of trustees of the several county school districts have organized programs which give children whose parents are employed after school hours the opportunity to participate in various activities in a supervised and structured environment; and
whereas, The cost of operating these programs continues to escalate because the number of children participating in the programs continues to increase; and
whereas, For the health and safety of these children and to ensure their overall development as responsible adults it is essential that they are given the opportunity to participate in these programs; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the boards of trustees of the several county school districts are encouraged to seek public and private sources of money, facilities and supplies and to engage in a cooperative effort to establish and continue programs which provide children whose parents are employed during the time the children are home from school with the opportunity to participate in various activities in a supervised and structured environment; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to the president of the board of trustees of each county school district in this state.
________
κ1989 Statutes of Nevada, Page 2240κ
Senate Concurrent Resolution No. 22Senators Raggio, Jacobsen, Beyer, Coffin, Getto, Hickey, Horn, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 46
SENATE CONCURRENT RESOLUTIONMemorializing the late Senator James I. Gibson.
whereas, Nevadans were deeply grieved to learn of the death of James I. Gibson on August 13, 1988; and
whereas, Senator Gibson was born in Golden, Colorado, on March 22, 1925; and
whereas, Senator Gibson attended elementary school in McGill, Carson City and Southern Nevada, graduated from Las Vegas High School in 1943, was appointed to the United States Naval Academy in Annapolis, Maryland, where he graduated with distinction in 1947, and earned a masters degree in civil engineering from Rensselaer Polytechnic Institute in Troy, New York; and
whereas, Senator Gibson served with the United States Navy in World War II and the Korean War; and
whereas, As a respected leader in the Mormon Church, Senator Gibson acted as a bishop, was president of the Lake Mead Stake in Henderson, Nevada, for 16 years, was a regional representative for 7 years, and was instrumental in the building of a temple in the Las Vegas area; and
whereas, Senator Gibson served in the Nevada Assembly from 1959 to 1966 and was elected to the Nevada Senate in 1967 where he served until his death; and
whereas, Senator Gibson served as a Nevada lawmaker for 30 years, more than any other legislator in the history of this state; and
whereas, During his esteemed career in public service, Senator Gibson held many legislative positions, serving as chairman of the Legislative Commission and the Interim Finance Committee and acting as majority floor leader of the Nevada Senate; and
whereas, Senator Gibson personally designed the plans for restructuring the hearing process and the standing committees of the Nevada legislature to provide a more efficient governmental process with greater access for the people of this state; and
whereas, Senator Gibson was widely known and respected by legislators from other states through his work with national legislative organizations, including service on the Board of Governors of the Council of State Governments from 1968 to 1986, acting as national chairman of the Council of State Governments in 1968 and 1985, and serving as a member of the Executive Committee of the National Conference of State Legislatures from 1977 to 1985; and
whereas, Senator Gibson was recognized as a man of ultimate fairness and was renowned for leading the Senate with as little political partisanship as was possible within a two-party system; and
whereas, Senator Gibson was a statesman in the truest and highest sense of the word; and
κ1989 Statutes of Nevada, Page 2241 (FILE NUMBER 46, SCR 22)κ
whereas, The people of the State of Nevada will treasure the memories of a man who dedicated his life to the service of others; and
whereas, Senator Gibson is survived by his wife Audrey, sons James and David, daughters Robin Lee Hales, Terry Lynn Walker, Cynthia Rae Knudson, and Holly Jo Crist, twenty-three grandchildren, brothers Fred, Jr. and John, and sisters Maisie Ronnow, Christina Little, Linda Ferguson and Jenilee Thayer; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That members of this 65th session of the Nevada Legislature offer their sincere condolences and heartfelt sympathy to the family and friends of James I. Gibson, a gracious man who lived his life with honor and distinction; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to Senator Gibsons beloved wife, Audrey, and to his children, James, David, Robin Lee, Terry Lynn, Cynthia Rae and Holly Jo.
________
Senate Concurrent Resolution No. 23Senators Wagner, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend and Vergiels
FILE NUMBER 47
SENATE CONCURRENT RESOLUTIONCommemorating the 30th anniversary of the Desert Research Institute of the University of Nevada System.
whereas, The Desert Research Institute was established as part of the University of Nevada System by an act of the Nevada Legislature that was signed into law on March 23, 1959; and
whereas, The Desert Research Institute, through the concerted efforts, research talents and technical skills of its faculty, is now recognized for scientific excellence by the national and international scientific communities; and
whereas, The Desert Research Institute, as a unique combination of quality academic research and mission-oriented research, constitutes a valuable asset to Nevada to support economic diversification and the solution of environmental and technical challenges facing the state; and
whereas, The overall success, exceptional growth and general contributions of the Desert Research Institute since its inception as an innovation in research management 30 years ago today has enhanced the prestige of the University of Nevada System and the State of Nevada; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the 65th session of the Nevada Legislature hereby acknowledges and commemorates this 30th anniversary of the Desert Research Institute on behalf of the residents of the State of Nevada; and be it further
κ1989 Statutes of Nevada, Page 2242 (FILE NUMBER 47, SCR 23)κ
resolved, That a copy of the resolution be prepared and transmitted forthwith by the Secretary of the Senate to Dr. James V. Taranik, President of the Desert Research Institute.
________
Senate Resolution No. 7Senators Raggio, Jacobsen, Beyer, Coffin, Getto, Hickey, Horn, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 48
SENATE RESOLUTIONCreating a Senate Hall of Fame and inducting Senator James I. Gibson as the first member.
whereas, Certain past state Senators have distinguished themselves with their exemplary contributions to the State of Nevada and in their business and private lives; and
whereas, It has been recognized that life-long public service is one of the more noble callings; and
whereas, Certain persons with ability, virtue and dedication have served as state Senators and distinguished themselves in guiding the Senate in its deliberations and in its judgments through the years; and
whereas, The Senate of the Legislature of the State of Nevada wishes to recognize the contributions of those past Senators who have ably and unselfishly served in the Senate and whose performances have been exceptional in nature; now, therefore, be it
resolved by the senate of the state of nevada, That there is hereby established a Senate Hall of Fame whose members shall be selected by leadership from those past Senators who have served with distinction; and be it further
resolved, That Senator James I. Gibson, who exemplified the highest and best standards of elected office and who led this body by his example, is hereby inducted as the first member of the Senate Hall of Fame of the Legislature of the State of Nevada.
________
κ1989 Statutes of Nevada, Page 2243κ
Senate Joint Resolution No. 3Senators Raggio, Neal, Rawson, Vergiels and Jacobsen
FILE NUMBER 49
SENATE JOINT RESOLUTIONProposing to amend section 33 of article 4 of the constitution of the State of Nevada by removing the limit on authorized reimbursement of legislators for postage, stationery and other expenses and by removing the additional allowance provided for leaders of the legislature.
resolved by the senate and assembly 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,] ; provided, than an appropriation may be made for the payment of [such actual expenses as] expenses that members of the Legislature may incur for postage, express charges, newspapers and stationery . [not exceeding the sum of Sixty dollars for any general or special session to each member; and Furthermore Provided, that the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.]
________
Senate Joint Resolution No. 5Committee on Natural Resources
FILE NUMBER 50
SENATE JOINT RESOLUTIONUrging the Congress of the United States to expedite ratification of the amendments to the Tahoe Regional Planning Compact made by the State of California and adopted by the Nevada Legislature in 1987.
whereas, The text of the Tahoe Regional Planning Compact is set forth in full in NRS 277.200; and
whereas, The compact was amended by the State of California and the amendments were adopted by the Nevada Legislature in 1987; and
whereas, The amendments become effective upon their approval by the Congress of the United States; and
whereas, The amendments would authorize certain members of the California and Nevada delegations which constitute the governing body of the Tahoe Regional Planning Agency to appoint alternates to attend meetings and vote in the absence of the appointed members, alter the selection process of the Nevada delegation and further expand the powers of the Tahoe Transportation District; and
κ1989 Statutes of Nevada, Page 2244 (FILE NUMBER 50, SJR 5)κ
whereas, The compact was enacted to achieve regional goals in conserving natural resources of the entire Lake Tahoe Basin and the amendments are consistent with this objective; 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 expedite ratification of the amendments to the Tahoe Regional Planning Compact made by the State of California and adopted by the Nevada Legislature in 1987; and be it further
resolved, That copies of this resolution be prepared and transmitted by the Secretary of the Senate to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and to each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
Assembly Joint Resolution No. 15Assemblymen Nevin, Dini, Myrna Williams, McGinness, Wisdom, Evans, Callister, Price, Wendell Williams, Schofield, Gaston, Jeffrey, Thompson, Sader, Sedway, Humke, Bergevin, Gibbons, Spinello, Banner, Adler, Kerns and Fay
FILE NUMBER 51
ASSEMBLY JOINT RESOLUTIONUrging Congress not to use or increase the federal excise tax on gasoline to reduce the deficit of the federal budget.
whereas, A substantial amount of the revenue collected from the users of highways is being held in the Highway Trust Fund as a means to balance the federal budget; and
whereas, Transportation programs have not contributed to the federal debt because the Highway Trust Fund is required to have sufficient revenues to balance expenditures; and
whereas, An increase in the gasoline tax for purposes other than transportation would be an unwarranted diversion of the traditional source of revenue for transportation and would undermine the ability of states to raise money for improvements to their roads and for transportation programs; and
whereas, An increase in the federal gasoline tax would increase prices for consumers and place a burden on persons with low incomes and persons dependent on private vehicles for transportation, causing a negative effect on employment, income tax revenue and the personal savings rate; and
whereas, An increase in the federal gasoline tax would create regional and geographic inequities that would place a greater burden on western and rural areas where motorists must travel greater distances between their homes, businesses and work places; and
whereas, A large increase in the federal gasoline tax would have a particular adverse impact on the economy of Nevada and other states which rely on tourism on the significant proportion of tourists who use their motor vehicles to visit such states; and
κ1989 Statutes of Nevada, Page 2245 (FILE NUMBER 51, AJR 15)κ
rely on tourism on the significant proportion of tourists who use their motor vehicles to visit such states; and
whereas, Any increase in the federal gasoline tax should be used to fund existing and growing transportation needs; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the Legislature of the State of Nevada urges the Congress of the United States not to use or increase the federal excise tax on gasoline to reduce the deficit of the federal budget; and be it further
resolved, That the Legislature urges the Congress of the United States to remove transactions relating to the Highway Trust Fund from the unified budget of the Federal Government; and be it further
resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
Assembly Concurrent Resolution No. 29Assemblymen Adler, Dini, Thompson, Carpenter, Myrna Williams, Wisdom, Bogaert, Spriggs, McGinness, Marvel, Wendell Williams, Gaston, Sheerin, Bergevin, Diamond, McGaughey, Freeman, Humke, Triggs, Nevin, Brookman, Porter, Chowning, Garner, Kerns, Callister and DuBois
FILE NUMBER 52
ASSEMBLY CONCURRENT RESOLUTIONUrging the National Cowboy Hall of Fame to induct Henry Van Sickle.
whereas, Henry Van Sickle was born in 1822, in New Jersey, and moved west in search of gold in 1847; and
whereas, By 1851, Henry Van Sickle had settled in the Nevada territory and helped build the first town in Nevada, Mormon Station, now known as Genoa; and
whereas, Henry Van Sickle was a self-made man who early in his life developed many skills which would benefit the pioneers who ventured out west; and
whereas, Henry Van Sickle opened a blacksmith shop, operated several supply wagons for mining camps on the Comstock Lode and built the largest hostelry in the area; and
whereas, Henry Van Sickle became knowledgeable in engineering, which enabled him to design ditches to divert the Carson River for irrigation in the valley and he also designed and helped construct the first road to Lake Tahoe; and
whereas, Henry Van Sickle contributed to early Carson Valley government as the first justice of the peace, a three-term Douglas County Commissioner, the Douglas County Treasurer and in 1874, a state Assemblyman; and
κ1989 Statutes of Nevada, Page 2246 (FILE NUMBER 52, ACR 29)κ
whereas, Henry Van Sickle purchased and operated an 1,800-acre ranch between Lake Tahoe and the Valley which continues to be known as the Van Sickle Station; and
whereas, Seldom has a man been more representative of the pioneering spirit of the American cowboy than Henry Van Sickle; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the Nevada Legislature wholeheartedly endorse and request favorable consideration for the induction of Henry Van Sickle into the National Cowboy Hall of Fame; and be it further
resolved, That a copy of this resolution be prepared and transmitted to Byron Price, Director of the National Cowboy Hall of Fame.
________
Assembly Concurrent Resolution No. 30Assemblymen Bogaert, Humke, Chowning, Thompson, Garner, McGaughey, Brookman, Schofield, Diamond, Myrna Williams, Gaston, Nevin, Adler, Regan, Lambert, Spinello, Sheerin, Bergevin, Freeman, Fay, McGinness, Carpenter, Marvel, Wisdom, Arberry and Kerns
FILE NUMBER 53
ASSEMBLY CONCURRENT RESOLUTIONCommemorating March 28, 1989, as Optimists International Day.
whereas, The various Optimists Clubs from around the State of Nevada are gathered in Carson City for government day on March 28, 1989; and
whereas, Optimists International is an organization dedicated to public service and charitable causes throughout the State of Nevada; and
whereas, Optimists have adopted the motto, Friend of Youth,; and
whereas, Optimists members, through their oath, have made a strong commitment to optimism and to the youth of this great state in the future; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Optimists Clubs of Nevada are heartily commended for their interest in our government and in the future of Nevada; and be it further
resolved, That copies of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to the Optimists Clubs present and gathered in Carson City today.
________
κ1989 Statutes of Nevada, Page 2247κ
Assembly Concurrent Resolution No. 31Assemblymen Dini, Fay, Kissam, Garner, Gaston, Spriggs, Evans, Diamond, Marvel, Bogaert, Wendell Williams, Regan, Freeman, Carpenter, Gibbons, Brookman, Schofield, McGaughey, Thompson, Price, Humke, Banner, Triggs, Bergevin, Lambert, Adler, Swain, Jeffrey, Arberry, Myrna Williams, Kerns, Sedway, Spinello, Nevin, Chowning, Wisdom, DuBois, Porter, Callister, Sader, Sheerin and McGinness
FILE NUMBER 54
ASSEMBLY CONCURRENT RESOLUTIONWelcoming Zheng Wanzhen, Consul General of the Peoples Republic of China, to Nevada and encouraging further social, educational and cultural exchanges between the United States and China.
whereas, The Peoples Republic of China is the most populous and one of the largest countries in the world; and
whereas, China has a rich heritage and cultural tradition which dates back several millennia; and
whereas, The Peoples Republic of China has made striking efforts to improve its relationships with the west, including noteworthy visits by former Presidents Nixon and Reagan of the United States and Queen Elizabeth II of the United Kingdom; and
whereas, A delegation of five members of the Bureau of Legislative Affairs of the State Council of the Peoples Republic of China, headed by Mr. Sun Wanzhong, Director General, Legislative Affairs Bureau of the State Council, P.R.C., visited the Legislative Counsel Bureau on December 8, 1987, for a briefing on state and local government operations in Nevada; and
whereas, Mr. Zheng Wanzhen, Consul General of the Peoples Republic of China, stationed in San Francisco, California, will meet with Governor Miller and the leadership of the Nevada Legislature on March 29, 1989, to familiarize himself with Nevada and its government operations; and
whereas, Mr. Zheng Wanzhen has ambassadorial rank with the Peoples Republic of China and has served as a career diplomat for 26 years; and
whereas, Mr. Zheng Wanzhen has been involved in several international conferences in Europe, Asia, Africa, several countries in the Middle East, Australia and New Zealand; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the Nevada Legislature welcome Consul General Zheng Wanzhen to Nevada; and be it further
resolved, That continued educational, cultural and trade activities are heartily encouraged between Nevada and the Peoples Republic of China.
________
κ1989 Statutes of Nevada, Page 2248κ
Senate Concurrent Resolution No. 26Senators ODonnell, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 55
SENATE CONCURRENT RESOLUTIONCommending Robert Barrett for his outstanding service and contributions to his community and the state.
whereas, Robert Barrett was born on March 27, 1939, in Beaumont, Texas; and
whereas, Mr. Barrett has served the residents of Clark County since February 19, 1966, as an engineer paramedic for the Clark County Fire Department; and
whereas, During those 23 years of service, Mr. Barrett obtained a degree in fire service from the Clark County Community College and has received numerous awards and commendations for the brave and unselfish assistance he has provided residents of southern Nevada; and
whereas, In 1973, Mr. Barrett participated in the governors pilot study for emergency medical technicians and holds the first working paramedic number issued in this state; and
whereas, Throughout his life, Mr. Barrett has always given of himself, by organizing neighborhood olympic games for the children of the community and by feeding the homeless and the hungry; and
whereas, In his work, Mr. Barrett always went far beyond the call of duty to provide compassionate care to those in need; and
whereas, Mr. Barrett has often made special trips to hospitals in the community to visit victims of accidents and to console the members of the victims families; and
whereas, Robert Barrett has captured the love, respect and admiration of his friends, family and coworkers; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That Robert Barrett is hereby commended on his 50th birthday and upon his retirement from the Clark County Fire Department for his outstanding service and contributions to his community; and be it further
resolved, That the members of the 65th session of the Nevada Legislature express their appreciation and offer their congratulations to Mr. Barrett; and be it further
resolved, That a copy of this resolution be transmitted by the Secretary of the Senate to Mr. Robert Barrett.
________
κ1989 Statutes of Nevada, Page 2249κ
Assembly Joint Resolution No. 1 of the 64th SessionAssemblymen Haller, Nevin and Freeman
FILE NUMBER 56
ASSEMBLY JOINT RESOLUTIONProposing to amend the constitution of the State of Nevada to permit the operation of lotteries under certain circumstances.
resolved by the assembly and senate of the state of nevada, jointly, That section 24 of article 4 of the constitution of the State of Nevada be amended to read as follows:
[Sec: 24. No lottery shall]
Sec. 24. 1. Except as otherwise provided in subsection 2, no lottery may be authorized by this State, nor [shall the sale of] may lottery tickets be [allowed.] sold.
2. The State and the political subdivisions thereof shall not operate a lottery. The legislature may authorize persons engaged in charitable activities or activities not for profit to operate a lottery in the form of a raffle or drawing on their own behalf. All proceeds of the lottery, less expenses directly related to the operation of the lottery, must be used only to benefit charitable or nonprofit activities in this state. A charitable or nonprofit organization shall not employ or otherwise engage any person to organize or operate its lottery for compensation. The legislature may provide by law for the regulation of such lotteries.
________
Assembly Concurrent Resolution No. 33Assemblymen Swain, Adler, Arberry, Banner, Bergevin, Bogaert, Brookman, Callister, Carpenter, Chowning, Diamond, DuBois, Evans, Fay, Freeman, Garner, Gaston, Gibbons, Humke, Jeffrey, Kerns, Kissam, Lambert, McGaughey, McGinness, Marvel, Nevin, Porter, Price, Regan, Sader, Schofield, Sedway, Sheerin, Spinello, Spriggs, Thompson, Triggs, Myrna Williams, Wendell Williams, Wisdom and Dini
FILE NUMBER 57
ASSEMBLY CONCURRENT RESOLUTIONCommending Madame Jehan Sadat for her quest for peace.
whereas, Madame Jehan Sadat, a world figure and widow of the late president of Egypt, Anwar Sadat, is active in the womens movement both in her own country and throughout the world; and
whereas, A long-time political activist, Madame Sadat worked closely with her husband on the quest for peace in the Middle East; and
whereas, Madame Sadat was responsible for the passage of the Egyptian Civil Rights Law, which resulted in more rights for women in her country; and
whereas, Among her many accomplishments, Madame Sadat founded Wafa Wa Amal (Faith and Hope), a fully integrated city for handicapped war veterans and civilians, complete with clinics, rehabilitation centers, vocational training departments and recreational areas; and
κ1989 Statutes of Nevada, Page 2250 (FILE NUMBER 57, ACR 33)κ
veterans and civilians, complete with clinics, rehabilitation centers, vocational training departments and recreational areas; and
whereas, Madame Sadat also helped develop the SOS Childrens Villages, which give orphans the opportunity to lead a normal family life; and
whereas, Madame Sadat, who has a doctorate in literature from Cairo University, is currently a visiting professor at American University in Washington, D.C.; and
whereas, Madame Sadat is continuing her humanitarian activities, focusing her efforts on implementing family planning programs and eliminating illiteracy in Egypt; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the 65th session of the Nevada Legislature hereby commend Madame Jehan Sadat for her contributions to her country and the world for her continuing quest for peace; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Madame Jehan Sadat.
________
Senate Concurrent Resolution No. 27Senators Raggio, Jacobsen, Beyer, Coffin, Getto, Hickey, Horn, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 58
SENATE CONCURRENT RESOLUTIONMemorializing the late Dr. Mary Ruth Fulstone.
whereas, With the death of Dr. Mary Ruth Fulstone, the residents of Nevada lost a long-time country physician and a devoted friend; and
whereas, Dr. Mary Ruth Fulstone, known to friends as Dr. Mary, was born in Eureka, Nevada, in 1892; and
whereas, Dr. Mary graduated from Carson City High School in 1911, and received her medical degree from the University of California at Berkeley in 1918; and
whereas, She delivered more than 5,000 babies during her 60-year career; and
whereas, Dr. Mary received many awards during her life, including the Womens Achievement Award from Soroptimist International in 1979, Nevada Doctor of the Year in 1963 and Nevada Mother of the Year in 1961; and
whereas, Dr. Mary served 24 years on the Smith Valley School Board and 12 years on the Nevada Board of Education; and
whereas, She is survived by daughters Eleanor Killebrew of Zephyr Cove and Jeanne Corfee of California; sons Fred, Jr. and Richard, of Smith Valley and David of Yerington; 12 grandchildren and 8 great-grandchildren; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the members of this legislative body express their sincere condolences to the family of the late Dr.
κ1989 Statutes of Nevada, Page 2251 (FILE NUMBER 58, SCR 27)κ
condolences to the family of the late Dr. Mary Ruth Fulstone; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to Eleanor Killebrew, Jeanne Corfee, Fred Fulstone, Jr., Richard Fulstone and David Fulstone.
________
Assembly Resolution No. 11Assemblymen Jeffrey, Dini, Wendell Williams, Banner, Carpenter, Regan, Porter, Triggs, Diamond, Chowning, Gibbons, Gaston, McGinness, Kissam, Sader, Callister, Spinello, Myrna Williams, Price, Nevin, Sedway, Kerns, Arberry, Bergevin, Marvel, Freeman, Fay, Adler, Spriggs, Lambert, Thompson, Swain, Evans, DuBois, Bogaert, Wisdom, Schofield, Garner, Sheerin, Brookman and Humke
FILE NUMBER 59
ASSEMBLY RESOLUTIONProclaiming April 28, 1989, as Workers Memorial Day in Nevada.
whereas, Every year more than 30 workers from Nevada are killed on the job, approximately 89 are permanently disabled, thousands are injured and others die from cancer, lung disease and other diseases related to toxic chemical exposure at work; and
whereas, Organized labor has fought for decades to improve conditions on the job; and
whereas, Largely because of the efforts of the labor movement, the Occupational Safety and Health Act (OSHA) was passed in 1970; and
whereas, Future tragedies may be prevented through renewed efforts to seek stronger safety and health standards and increased enforcement of those standards; and
whereas, April 28, 1989, the anniversary of OSHA, is a day chosen by representatives of organized labor as the time to remember those who have been killed or injured in the workplace; now, therefore, be it
resolved by the assembly of the state of nevada, That Friday, April 28, 1989, is hereby proclaimed as Workers Memorial Day in Nevada in recognition of workers who have been killed or injured on the job; and be it further
resolved, That copies of this resolution be prepared and transmitted to Walt Elliot, President of the Nevada State A.F.L.-C.I.O. and Lane Kirkland, President of the A.F.L.-C.I.O.
________
κ1989 Statutes of Nevada, Page 2252κ
Assembly Concurrent Resolution No. 36Assemblymen Jeffrey, Myrna Williams, Sheerin, Adler, Nevin, Kerns, Freeman, Chowning, Regan, Thompson, Wisdom, Gaston, Carpenter, Kissam, Spinello, Dini, Spriggs, Marvel, Evans, Diamond, Triggs, Swain, McGinness, Arberry and Wendell Williams
FILE NUMBER 60
ASSEMBLY CONCURRENT RESOLUTIONCongratulating the Boulder City High Schools boys basketball team for winning state AA championship.
whereas, In 1988-1989, for the second time in 3 years, Boulder City High Schools boys basketball team won the state AA championship; and
whereas, This team demonstrated its skill, stamina and determination as it compiled an impressive 26-5 season record with the combined effort of team members, Paul Bolen, Mike Carboni, Shaun DeGraff, Paul Dosch, Kirk Estes, Shane Gamble, Troy Hare, Daric Hollis, Matt Leavitt, Mitch Moore, C.A. Newby, Jim Newby, Brian Shay, Derick Simmons, Chris Sullivan, Manager, Jodi Beneda, Assistant Coaches, Lorenzo Scurry and Bill Strachan, and Head Coach, Thad Simmons; now therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the 65th session of the Nevada Legislature extends its congratulations to the Boulder City High Schools boys basketball team for winning the state AA championship; and be it further
resolved, That copies of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to Brian Fox, Principal of Boulder City High School, and Head Coach, Thad Simmons.
________
Assembly Concurrent Resolution No. 37Assemblymen Chowning, Arberry, Price, Wendell Williams, Regan, Wisdom, Carpenter, McGinness, Spriggs, Triggs, Diamond, Kissam, Porter, Sader, Kerns, Marvel, Jeffrey, Thompson, Gaston, Banner, Adler, Myrna Williams, Spinello, Dini, Evans and Swain
FILE NUMBER 61
ASSEMBLY CONCURRENT RESOLUTIONCongratulating the Rancho High Schools football team for winning the state AAA championship.
whereas, The Rams of Rancho High School of the Clark County School District entered the southern zone playoffs as a wildcard, with a 5-4 record at the time; and
whereas, After successfully defeating two of the top football teams in Clark County to win the southern zone playoffs, this remarkable, dedicated team won the state AAA championship for the first time since 1962; and
whereas, The 1988 Rancho High School team included Matt Andrews, Chad Atkin, Daniel Braziel, Keith Carlson, Leon Chavez, Lawrence Cook, Dedrick Daniels, Alfred Dawkins, Paul Dearing, Corey Duncan, Eric Evans, Leon Evans, John Gibbons, Shayne Glover, Anthony Hladek, Cornelius Holleman, Richard Holliday, Kenneth Hollifield, Robert Holmes, Richard Huff, Robert Hydron, Walter James, Cedric Jones, Richard Jones, Anthony Lewis, Mike Linebarger, Eric Lingo, Daryl Logan, Gergory James Mashore, Gary Lee Mashore, Damon Mauceri, Javier Morales, Carlos Ortega, Antwione Perry, Charles Porter, Devonn Porter, Daniel Rederford, Christopher Rice, James Rogers, Scott Shaw, Bruce Silet, Gibron Smith, Michael Smith, Anthony Spencer, William Teel, Chad Theel, Tyrone Woods; head coach, Faron Springer; Assistant Coaches, Rolando Avila, Carl Barbeau, Shawn Boyle, Dan Goich, Charlie Jarvis, Freddie Johnson, Mitch Olsen, Dan Reese, David Thiel, Jan Van Tuyl; Managers; Johnnie Allen, Jolene Jensen, Kimberly Thomas, Cea Thorton; Trainer Tyrone McSorley; and film crew, Kevin Brandt and Daniel McMahon; now, therefore, be it
κ1989 Statutes of Nevada, Page 2253 (FILE NUMBER 61, ACR 37)κ
Holleman, Richard Holliday, Kenneth Hollifield, Robert Holmes, Richard Huff, Robert Hydron, Walter James, Cedric Jones, Richard Jones, Anthony Lewis, Mike Linebarger, Eric Lingo, Daryl Logan, Gergory James Mashore, Gary Lee Mashore, Damon Mauceri, Javier Morales, Carlos Ortega, Antwione Perry, Charles Porter, Devonn Porter, Daniel Rederford, Christopher Rice, James Rogers, Scott Shaw, Bruce Silet, Gibron Smith, Michael Smith, Anthony Spencer, William Teel, Chad Theel, Tyrone Woods; head coach, Faron Springer; Assistant Coaches, Rolando Avila, Carl Barbeau, Shawn Boyle, Dan Goich, Charlie Jarvis, Freddie Johnson, Mitch Olsen, Dan Reese, David Thiel, Jan Van Tuyl; Managers; Johnnie Allen, Jolene Jensen, Kimberly Thomas, Cea Thorton; Trainer Tyrone McSorley; and film crew, Kevin Brandt and Daniel McMahon; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the 65th session of the Nevada Legislature extends it congratulations to the Rancho High School Rams upon winning the 1988 state AAA football championship; and be it further
resolved, That copies of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to Richard Brown, Principal of Rancho High School, and Head Coach, Faron Springer.
________
Senate Concurrent Resolution No. 28Senators Raggio, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 62
SENATE CONCURRENT RESOLUTIONMemorializing former senator and statesman Alan Harvey Bible.
whereas, This Legislature notes with profound sorrow the passing of former United States Senator Alan Harvey Bible on September 12, 1988; and
whereas, Alan Harvey Bible was born to Jacob Harvey and Isabell Welch Bible in Lovelock, on November 20, 1909; and
whereas, Alan Bible attended school in Fallon, graduated from the University of Nevada in 1930 and received his law degree from Georgetown University in 1934; and
whereas, In 1938 he was elected District Attorney of Storey County, and in 1942 he was elected Nevada Attorney General at the age of 32; and
whereas, Alan Harvey Bible was elected to the United States Senate in 1954 where he continued to serve his country and the State of Nevada with honor and distinction until his retirement in 1974; and
whereas, Senator Bible had an extraordinary ability to foresee future environmental needs and, as examples of this insight, he is responsible for securing a portion of the Colorado Rivers water for Southern Nevada, sponsoring legislation that built the Southern Nevada Water Project, which brought water from Lake Mead into Las Vegas, pushing through the Washoe Project in Northern Nevada, which expanded the reservoir system in the Sierra, and salvaging 10,000 acres of the George Whittell Tahoe land holdings for the public; and
κ1989 Statutes of Nevada, Page 2254 (FILE NUMBER 62, SCR 28)κ
Project in Northern Nevada, which expanded the reservoir system in the Sierra, and salvaging 10,000 acres of the George Whittell Tahoe land holdings for the public; and
whereas, On a national level, as chairman of a national parks subcommittee, Senator Bible was responsible for legislation which increased the properties in the National Park System, which caused Senator Henry Jackson to refer to Senator Bible as the guiding force behind the greatest expansion and development of the National Park System in American history; and
whereas, Senator Bible devoted his life to helping people whenever and however he could, and this love of his fellow man was apparent throughout his entire life; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature do hereby extend their deepest sympathy and sense of loss on the death of a distinguished Nevadan to Senator Alan Bibles widow, Loucile, sons Paul of Reno, William of Zephyr Cove and David of Santa Cruz, California, and daughter, Debra Bandini of Riverside, California, seven grandchildren and one great-grandchild; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to Senator Bibles widow, Loucile, sons Paul, William and David and daughter, Debra.
________
Senate Resolution No. 8Senators Wagner, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend and Vergiels
FILE NUMBER 63
SENATE RESOLUTIONCommending the mens and womens ski teams from Reno High School.
whereas, The mens and womens ski teams from Reno High School have won the Nevada High Schools combined ski team championship for the last 10 consecutive years; and
whereas, This amazing record has been a result of hard work, dedication, great ability and a competitive spirit exhibited by Reno Highs ski teams; and
whereas, The outstanding performances given by members of the mens and womens ski teams reflect favorably on the dedication and skill of the teams coaches, including Arthur Collins who has been the head coach for the last 11 years, Joanne Bond who has been an assistant coach for the last 9 years, Cal Pettengill who has been an assistant coach for the last 7 years and Bob Porter who has been an assistant coach for the last 6 years; and
whereas, The 1988-89 ski team members include Captain Joel Glover, Mike Kimmel, P.J. Lombardi, Todd McKenzie, Mike Perkins, Tom Prutzman, Tom Schroeder, Dan Seeliger, Brice Shoolroy, David Solaro, James Solaro, Captain Chris Tiller, Mike Tiller, Consie Voyevidka and Beau Wood from the mens team, Susie Broli, Molly Davenport, Denise Handrich, Erin Little, Captain Jody Rice, Nicole Sprenger, Kristy Stevens, Captain Kristine Strand, Kami Talsma, Cathy Taylor, Kelly Waite, Jessica Waldren, Chanda Wells and Shelli Zundel from the womens team, honorary members Michael Kuhn from Switzerland, Leontine DeLange from Holland and Marjukka Hiltunden from Finland, and manager Joe Collins; now, therefore, be it
κ1989 Statutes of Nevada, Page 2255 (FILE NUMBER 63, SR 8)κ
Erin Little, Captain Jody Rice, Nicole Sprenger, Kristy Stevens, Captain Kristine Strand, Kami Talsma, Cathy Taylor, Kelly Waite, Jessica Waldren, Chanda Wells and Shelli Zundel from the womens team, honorary members Michael Kuhn from Switzerland, Leontine DeLange from Holland and Marjukka Hiltunden from Finland, and manager Joe Collins; now, therefore, be it
resolved by the senate of the state of nevada, That members of the Senate of the 65th session of the Nevada Legislature commend this years mens and womens ski teams from Reno High School for winning the Nevada High Schools combined ski team championship for the 10th year in a row; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to Arthur Collins, head coach of the ski teams of Reno High School.
________
Assembly Concurrent Resolution No. 34Assemblymen Adler, Sheerin, Nevin, Kerns, Freeman, Chowning, Jeffrey, Regan, Thompson, Myrna Williams, Wisdom, Gaston, Carpenter, Kissam, Spinello, Dini, Spriggs, Marvel, Evans, Diamond, Triggs, Swain, McGinness, Arberry and Wendell Williams
FILE NUMBER 64
ASSEMBLY CONCURRENT RESOLUTIONCongratulating the Carson High Schools girls basketball team for winning the state AAA championship.
whereas, For the first time ever, Carson City High Schools girls basketball team won its conference, zone and state championships in the AAA league; and
whereas, With an undefeated season record of 31-0, this outstanding team from Carson City was ranked No. 20 nationally in USA Todays super 25 rankings; and
whereas, The Senators, under the inspired guidance of Coach Alana Williams, included team members Amber Andreasen, Gaileen Brandenburg, Jennifer Crawford, Allyson Delaney, Trina Etchart, Jamie Glon, Jennifer Gray, Shannon Heyman, Vonnie Horton, Jenica Keller, Tanya McLain, Derra Perumean, Melissa Schreiner, Katie Shipman, Jeannie White, and video man, Jay Artz; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the 65th session of the Nevada Legislature extends its congratulations to the Carson City High Schools girls basketball team upon winning the 1988-1989 state AAA championship; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit copies of this resolution to Dr. Patricia Haller, Principal of Carson High School, and Coach Alana Williams.
________
κ1989 Statutes of Nevada, Page 2256κ
Assembly Concurrent Resolution No. 38Assemblymen Carpenter, Triggs, Sader, Chowning, Kerns, Banner, Garner, Freeman, Thompson, Myrna Williams, Kissam, Wisdom, Regan, Gaston, Jeffrey, Marvel, Fay, Adler, Spinello, Dini, Wendell Williams, McGinness, Evans, Arberry, Diamond, Spriggs, Swain, Brookman, Schofield, Nevin, Gibbons, Lambert, Porter, Bergevin, McGaughey, Humke, Price, DuBois, Callister, Bogaert and Sheerin
FILE NUMBER 65
ASSEMBLY CONCURRENT RESOLUTIONCongratulating the Elko High Schools girls basketball team for winning the State AA championship.
whereas, The Elko High Schools girls basketball team captured its fifth state championship of the 1980s in the AA league and this excellent team will be competing in the AAA league next year; and
whereas, The outstanding performance of the Indians reflects great honor and credit upon the school, team members, Tuana Bettridge, Kristina Blohm, Christy Burner, Becky Downs, Amy Dunning, Karen Hoem, Amy Hoven, Kim Kelley, Maite Lopategui, Shannon Mariluch, Crystal Munyan and Shawna Satterthwaite, Managers, Denise Alsdorf, Barbara ODonnell and Kathy Testolin, Assistant Coach, Ted Burner, and Head Coach, Lynette Davis; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the 65th session of the Nevada Legislature extends its congratulations to the Elko High Schools Girls basketball team for winning the 1988-1989 state AA championship; and be it further
resolved, That copies of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Glen Adair, Principal of Elko High School, and Head Coach Lynette Davis.
________
Senate Concurrent Resolution No. 29Senators Townsend, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Vergiels and Wagner
FILE NUMBER 66
SENATE CONCURRENT RESOLUTIONCommending the participants and volunteers who have contributed their time and skills to help make the 1989 International Winter Special Olympics Games a success.
whereas, The 1989 International Winter Special Olympics Games were held in Reno, Nevada, and the surrounding area from April 2 to April 7, 1989; and
whereas, The goal of Special Olympics is to provide year-round sports training and athletic competition in a variety of Olympic-type sports for all children and adults with mental retardation, giving them continuing opportunities to develop physical fitness, demonstrate courage, experience joy and participate in the sharing of gifts, skills and friendship with their families, other Special Olympians and the community; and
κ1989 Statutes of Nevada, Page 2257 (FILE NUMBER 66, SCR 29)κ
participate in the sharing of gifts, skills and friendship with their families, other Special Olympians and the community; and
whereas, The concept of Special Olympics began in the early 1960s when Eunice Kennedy Shriver started a day camp for people with mental retardation; and
whereas, In 1968, Mrs. Shriver organized the First International Special Olympics Games at Soldier Field in Chicago, where 1,000 athletes from the United States and Canada competed in track and field and swimming; and
whereas, Today more than 1 million children and adults with mental retardation participate in Special Olympics programs in 20,000 communities across the United States, representing 97 percent of the counties in the United States and more than 70 countries; and
whereas, Over 600,000 volunteers provide the necessary manpower for the Special Olympics programs worldwide, including high school and college students, members of civic and fraternal groups, amateur and professional athletes, sports officials and coaches, teachers, parents and retired persons; and
whereas, Nevada is honored to have been a part of the recent Winter Games; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the 65th session of the Nevada Legislature commends the efforts of the Special Olympians and the countless volunteers who have contributed their time to help make the 1989 International Winter Special Olympics Games so successful; and be it further
resolved, That copies of this resolution be transmitted forthwith by the Secretary of the Senate to the regional offices of Special Olympics in Nevada.
________
Assembly Concurrent Resolution No. 23Assemblymen Thompson, Jeffrey, Banner, Carpenter, McGaughey, Porter, Chowning, Fay, Kerns, Garner, Nevin, Regan, Schofield, McGinness, Brookman, Swain, Callister, Bergevin, Price, Freeman, Lambert, Marvel, Diamond, Wendell Williams, Gibbons, Kissam, Gaston, Myrna Williams, Wisdom, Spriggs, Evans, Adler, Sheerin, Spinello, Arberry, Triggs, DuBois, Sedway, Dini, Bogaert, Humke and Sader
FILE NUMBER 67
ASSEMBLY CONCURRENT RESOLUTIONCommending Basic High Schools Marine Corps Junior Reserve Officers Training Corps for being selected as the top unit in the nation.
whereas, Basic High School is located in Henderson, Nevada, and is the only Marine Corps Junior Reserve Officers Training Corps (MCJROTC) unit in Nevada; and
whereas, Under the leadership of senior instructor Lt. Colonel Robert Ott, USMC (Ret.), the Basic High School MCJROTC unit has received several meritorious citations in recent years for outstanding service and accomplishments; and
κ1989 Statutes of Nevada, Page 2258 (FILE NUMBER 67, ACR 23)κ
several meritorious citations in recent years for outstanding service and accomplishments; and
whereas, Basic High Schools MCJROTC unit, during 1987-1988, participated in 13 major fund and blood drives, 59 public affairs events, and several riflery and physical fitness competitions; and
whereas, The Basic High School MCJROTC competed against 92 other MCJROTC units located throughout the country in areas of community service, public affairs, school activities, competitive events, cadet citizenship and scholastic achievement, and was selected as the top unit in the nation for 1987-1988; and
whereas, Noted for outstanding service and community participation in just about every major charitable activity in Henderson, this unit assisted in generating more than $87,000 for charity during 1987-1988; and
whereas, This top award took persistence, hard work and a concerted team effort over a period of several years; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature hereby commends Basic High Schools Marine Corps Junior Reserve Officers Training Corps for its outstanding efforts that earned it the ultimate honor of being named the best unit in the nation; and be it further
resolved, That a copy of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to Lt. Colonel R.F. Ott of the Basic High School Marine Corps Junior Reserve Officers Training Corps.
________
Assembly Resolution No. 12Assemblymen Chowning, Brookman, Wendell Williams, Regan, Freeman, Thompson, Banner, Diamond, Lambert, Jeffrey, McGaughey, Triggs, Bogaert, Adler, McGinness, Nevin, Bergevin, Garner, Gibbons, Wisdom, Dini, Fay, Kissam, Myrna Williams, Spinello, Sedway, Humke, Gaston, Sheerin, Marvel, Arberry, Evans, Spriggs, DuBois, Sader, Kerns, Callister, Schofield, Price, Swain, Porter and Carpenter
FILE NUMBER 68
ASSEMBLY RESOLUTIONCommending former Assemblyman Paul W. May, Jr. for his extensive public service to Nevada.
whereas, Former Assemblyman Paul W. May, Jr. served in the Nevada Assembly for a total of 20 years, ranking him fourth in years of Assembly service out of all members who have served in this body; and
whereas, Paul W. May, Jr. ably served as the Speaker of this august body in 1979 all the while displaying his dry wit and jovial nature; and
whereas, Former Assemblyman May is recognized as an expert in matters of Nevada taxation and chaired the Assembly Standing Committee on Taxation during 6 of the 10 regular sessions he served; and
whereas, Paul May has also served the residents of North Las Vegas and Clark County as a member of the city council and county commission and through his membership in numerous civic organizations, including the North Las Vegas Elks Lodge No.
κ1989 Statutes of Nevada, Page 2259 (FILE NUMBER 68, AR 12)κ
through his membership in numerous civic organizations, including the North Las Vegas Elks Lodge No. 2353, American Legion Post No. 51, F.&A.M. Lodge 44 and the Regina Hall Auxiliary; and
whereas, His love for Nevada, its past and present, has been expressed in many ways, most notably through his efforts to create the Nevada gift and endowment fund into which persons may contribute money as a token of their appreciation for the benefits they have received as a resident or visitor to this state or to further the excellent quality of life which is unique to this state; and
whereas, Although a long-time resident of Nevada, Paul was born in the scenic mountain community of Hot Springs, Virginia, in 1928, and all who have known him agree that he is a genuine Virginia Gentleman; and
whereas, Paul May is an avid collector of Nevadania, and is a known authority on Nevada history, particularly some of its fascinating, lesser-known details; and
whereas, With his sponsorship of legislation in 1987 which was designed to obtain additional federal money for Nevada, he is affectionately referred to as the Father of Bullfrog County; and
whereas, Paul W. May, Jr. personifies the pride and pleasure which come to a person who gives of himself to his state and community; now, therefore, be it
resolved by the assembly of the state of nevada, That Paul W. May, Jr. is hereby commended on his unselfish public service and his genuine affection for Nevada and all of its people; and be it further
resolved, That a copy of this resolution be transmitted by the Chief Clerk of the Assembly to former Assemblyman Paul W. May, Jr.
________
Senate Concurrent Resolution No. 30Senators Mello, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 69
SENATE CONCURRENT RESOLUTIONCommending Philip F. Anschutz for purchasing the Southern Pacific Transportation Company and thereby guaranteeing its continued operation in Nevada.
whereas, The Southern Pacific Railroad, whose predecessor, the Central Pacific, was the western part of this countrys first transcontinental railroad; and
whereas, The Central Pacific began operation in Nevada in June 1868, when the first passenger train departed Sacramento for Reno; and
whereas, Since that time the Southern Pacific Transportation Company has made a major contribution to the growth and prosperity of the State of Nevada; and
whereas, On October 13, 1988, when Philip F. Anschutz purchased the Southern Pacific Transportation Company from the Santa Fe Southern Pacific Company, he combined it with his Denver & Rio Grande Western Railroad; and
κ1989 Statutes of Nevada, Page 2260 (FILE NUMBER 69, SCR 30)κ
Company, he combined it with his Denver & Rio Grande Western Railroad; and
whereas, The combination of the two lines has created a single route from the West Coast to St. Louis and includes more than 15,000 miles of track in 15 states; and
whereas, On the very day he acquired the Southern Pacific, Mr. Anschutz reopened the Modoc Line connecting Nevada with the Pacific Northwest (which had been closed in January of 1987); and
whereas, Mr. Anschutz has worked painstakingly to initiate an atmosphere of mutual respect and consideration between the management of the Southern Pacific and its employees; and
whereas, In just a few short months the employees morale has reached an all-time high and once again the Southern Pacific can be referred to as The Friendly Railroad; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That Philip F. Anschutz is hereby commended for purchasing the Southern Pacific Transportation Company and thereby guaranteeing its continued operation in Nevada; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to Philip F. Anschutz.
________
Senate Joint Resolution No. 11Senators Raggio, Neal, ODonnell, Hickey, Horn, Rawson, Shaffer, Smith, Malone and Jacobsen
FILE NUMBER 70
SENATE JOINT RESOLUTIONProposing to amend the constitution of the State of Nevada to provide for the election of the chief justice by the justices of the supreme court.
resolved by the senate and assembly of the state of nevada, jointly, That sections 3 and 19 of article 6 of the constitution of the State of Nevada be amended to read respectively as follows:
[Sec:] Sec. 3. The Justices of the Supreme Court, shall be elected by the qualified electors of the State at the general election, and shall hold office for the term of Six Years from and including the first Monday of January next succeeding their election; [Provided,] provided, that there shall be elected, at the first election under this Constitution, Three Justices of the Supreme Court who shall hold Office from and including the first Monday of December AD. Eighteen hundred and Sixty four, and continue in Office thereafter, Two, Four and Six Years respectively, from and including the first Monday of January next suceeding [succeeding] their election. They shall meet as soon as practicable after their election and qualification, and at their first meeting shall determine by lot, the term of Office each shall fill, and the Justice drawing the shortest term shall be Chief Justice . [, and after the expiration of his term, the one having the next shortest term shall be Chief Justice, after which the Senior Justice in Commission shall be Chief Justice; and in case the commission of any two or more of said Justices shall bear the same date, they shall determine by lot, who shall be Chief Justice.]
κ1989 Statutes of Nevada, Page 2261 (FILE NUMBER 70, SJR 11)κ
commission of any two or more of said Justices shall bear the same date, they shall determine by lot, who shall be Chief Justice.]
Sec. 19. 1. The chief justice must be selected from among the justices of the supreme court by a majority vote of the justices. The term of office of chief justice is 4 years. A justice may succeed himself as chief justice.
2. A justice may resign the office of chief justice without resigning from the office of justice of the supreme court.
3. If a vacancy in the office of chief justice occurs, the justices of the supreme court shall, by majority vote, select from among the justices another chief justice to fill the vacancy for the unexpired term.
4. The chief justice is the administrative head of the court system. Subject to such rules as the supreme court may adopt, the chief justice may:
(a) Apportion the work of the supreme court among justices.
(b) Assign district judges to assist in other judicial districts or to specialized functions which may be established by law.
(c) Recall to active service any retired justice or judge of the court system who consents to such recall and who has not been removed or retired for cause or defeated for retention in office, and may assign him to appropriate temporary duty within the court system.
[2.] 5. In the absence or temporary disability of the chief justice, the associate justice senior in commission shall act as chief justice.
[3. This section becomes effective July 1, 1977.]
6. The provisions of this section pertaining to the selection of a chief justice and his term of office become effective January 1, 1996.
________
Senate Concurrent Resolution No. 31Senators Wagner, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend and Vergiels
FILE NUMBER 71
SENATE CONCURRENT RESOLUTIONCongratulating Dr. Dwight Billings for receiving the Nevada Medal given by the Desert Research Institute.
whereas, Dr. Dwight Billings was first hired by the University of Nevada as a biology instructor in 1938; and
whereas, During the next 12 years, Dr. Billings became a full professor and chaired his department before accepting a position at Duke University in 1952; and
whereas, While remaining active at Duke University in graduate and undergraduate instruction, Dr. Billings is currently studying arctic and subarctic plant ecology in Alaska as well as conditions in the arid West; and
whereas, Dr. Billings has been regarded as the father of plant physiological ecology and he is noted for bringing research techniques, once restricted to laboratory use, into the field, allowing scientists to make direct comparisons between natural conditions and controlled laboratory settings; and
κ1989 Statutes of Nevada, Page 2262 (FILE NUMBER 71, SCR 31)κ
comparisons between natural conditions and controlled laboratory settings; and
whereas, The Nevada Medal is an honor conferred by the Desert Research Institute of the University of Nevada System in recognition of outstanding scientific, engineering and technical achievements; and
whereas, The Nevada Medal is sponsored by Nevada Bell, a member of the Pacific Telesis Group and provider of a variety of telecommunication services to northern Nevada; and
whereas, Dr. Billings was chosen to receive the Nevada Medal over 28 other outstanding candidates nominated for the medal; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That members of the 65th session of the Nevada Legislature hereby congratulate Dr. Dwight Billings for being named the recipient of the Nevada Medal given by the Desert Research Institute and commend Nevada Bell for sponsoring this medal, which offers well-deserved recognition to persons who have demonstrated outstanding scientific, engineering and technical achievements; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to Dr. Dwight Billings, Dr. James V. Taranik, President of the Desert Research Institute and Robert Blanz, President and Chief Executive Officer of Nevada Bell.
________
Assembly Joint Resolution No. 17Assemblymen McGinness, Dini, DuBois, Chowning, Garner, Triggs, Kissam, Spriggs, Swain, Wendell Williams, Freeman, McGaughey, Diamond, Wisdom, Gaston, Banner, Fay, Carpenter, Gibbons, Kerns, Regan, Brookman, Nevin, Lambert, Myrna Williams, Bergevin, Sheerin, Porter, Bogaert, Callister, Schofield, Adler, Thompson, Jeffrey, Marvel, Sader, Humke, Spinello, Sedway, Arberry, Evans and Price
FILE NUMBER 72
ASSEMBLY JOINT RESOLUTIONUrging Congress to supplement its financial support for the Essential Air Service Subsidy Program to maintain air service to Ely, Nevada.
whereas, Regularly scheduled airline service for passengers is essential to the economic and cultural vitality of distant rural communities in Nevada; and
whereas, A reduction in the subsidy provided by the Department of Transportation for essential air service would deprive Ely, Nevada, of the only regularly scheduled public transportation it has to the urban centers in Nevada; and
whereas, The State of Nevada has invested $36 million in a maximum security prison located near Ely which will require state employees to travel to Ely on a regular and timely basis; and
whereas, Continued air transportation service is essential to the economic recovery now being experienced in White Pine County following the countys worst decade in its economic history; now, therefore, be it
κ1989 Statutes of Nevada, Page 2263 (FILE NUMBER 72, AJR 17)κ
resolved by the assembly and senate of the state of nevada, jointly, That the Legislature of the State of Nevada hereby urges the Congress of the United States to supplement the funding for the Department of Transportations program to provide essential air service so as to maintain the full level of passenger service to Ely, Nevada; and be it further
resolved, That copies of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and to each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
Assembly Joint Resolution No. 6Assemblymen Adler, Dini, Myrna Williams, Thompson, Porter, Brookman, Diamond, Wendell Williams, Chowning, Gibbons, Gaston, Garner, Lambert, Arberry, Sedway, Spinello, Sader, Sheerin, Kissam, Fay, Callister, Bogaert, Price, Freeman, McGinness, Triggs, McGaughey, Wisdom, Jeffrey, DuBois, Evans and Kerns
FILE NUMBER 73
ASSEMBLY JOINT RESOLUTIONExpressing the Legislatures refusal to consent to the placement of a repository for high-level radioactive waste in Nevada.
whereas, On December 22, 1987, Congress enacted the Nuclear Waste Policy Amendments Act of 1987, specifying Yucca Mountain, Nevada, as the sole location for evaluation as a suitable site for the placement of a national repository for high-level radioactive waste; and
whereas, The Nuclear Waste Policy Amendments Act of 1987 represents just one of the many instances of federal overreaching with regard to the public land in this state; and
whereas, The Federal Government claims ownership of approximately 87 percent of the total land in the State of Nevada, and has targeted that land for certain undesirable federal programs; and
whereas, The placement of a repository for high-level radioactive waste in the State of Nevada poses serious concerns about the transportation and storage of such waste and the potential harm to the environment and health of the residents and guests of this state; and
whereas, The Nevada economy is dependent upon tourism and the perception of a safe environment; and
whereas, The United States has a duty to protect the economy, environment and public health of this state, which the Nevada Legislature is empowered to protect and preserve; and
whereas, The Federal Government has refused to assume full liability for any deleterious effects that could result from the placement of a repository for high-level radioactive waste in Nevada; and
κ1989 Statutes of Nevada, Page 2264 (FILE NUMBER 73, AJR 6)κ
whereas, Various polls of the people of this state, including our children in school, demonstrate an overwhelming opposition to the location of a repository for high-level radioactive waste at Yucca Mountain; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the Federal Government, its agencies and instrumentalities shall not establish a repository for high-level radioactive waste at Yucca Mountain, Nevada, without the prior consent of the Nevada Legislature or a cession of jurisdiction pursuant to chapter 328 of the Nevada Revised Statutes, which consent and cession are hereby refused; and be it further
resolved, That copies of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly 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 and to each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
Assembly Joint Resolution No. 4Assemblymen Myrna Williams, Dini, Sedway, Diamond, Wisdom, Lambert, Humke, Garner, Swain, McGaughey, Freeman, Evans, Adler, Sheerin, Gaston, Schofield, Jeffrey, Porter, Kerns, Chowning, Fay, Gibbons, Brookman, Callister, Price, Spinello, Thompson, Kissam, Arberry, McGinness, Triggs, Wendell Williams and Sader
FILE NUMBER 74
ASSEMBLY JOINT RESOLUTIONUrging Congress not to allow the location of a repository for nuclear waste in Nevada.
whereas, Because of the extremely dangerous nature of high-level nuclear waste and the persistence of that danger for an extended period, the location of such waste in repository in this state poses a serious hazard to the health and welfare of Nevadans; and
whereas, The residents of the State of Nevada are overwhelmingly opposed to permitting Nevada to become the dumping ground for nuclear waste generated in other states and foreign countries; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature expresses its adamant opposition to the placement of a high-level nuclear waste repository in the State of Nevada; and be it further
resolved, That a copy of this resolution be transmitted forthwith by the Chief Clerk of the Assembly 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 and to each member of the Nevada Congressional Delegation; and be it further
κ1989 Statutes of Nevada, Page 2265 (FILE NUMBER 74, AJR 4)κ
resolved, That this resolution becomes effective upon passage and approval.
________
Assembly Joint Resolution No. 10Assemblymen Arberry, Brookman and Price
FILE NUMBER 75
ASSEMBLY JOINT RESOLUTIONUrging Congress to extend the state ceiling on the tax credit for low-income housing.
whereas, There is a critical shortage of housing in the State of Nevada for persons of low income; and
whereas, The federal Tax Reform Act of 1986 provides an incentive for the construction and rehabilitation of low-income housing through the allowance of a tax credit, and contains a ceiling on the amount of credit allowable in each state; and
whereas, It has been estimated that this tax credit will, by December 31, 1989, result in the availability of up to 1,200 units of housing for residents of low income in this state; and
whereas, The Tax Reform Act of 1986 further provides that the ceiling on the amount of tax credit for low-income housing allowable in each state will, except for certain projects in progress, be reduced to zero for any calendar year after 1989; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That Congress is hereby urged to extend the current ceiling on the amount of tax credit for low-income housing allowable in each state beyond the date provided by the Tax Reform Act of 1986; and be it further
resolved, That a copy of this resolution be transmitted by the Chief Clerk of the Assembly to the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation.
________
κ1989 Statutes of Nevada, Page 2266κ
Assembly Concurrent Resolution No. 41Assemblymen Spriggs, Dini, Myrna Williams, Marvel, Banner, Kerns, Carpenter, Freeman, Chowning, Thompson, Kissam, Wendell Williams, Regan, Wisdom, Gaston, Jeffrey, Adler, Spinello, Evans, Arberry, Diamond, Triggs, Swain, Brookman, Schofield, Nevin, Gibbons, Lambert, Porter, McGinness, Bergevin, McGaughey, Garner, Fay, Humke, Price, DuBois, Sader, Callister, Bogaert, Sheerin and Sedway
FILE NUMBER 76
ASSEMBLY CONCURRENT RESOLUTIONCongratulating the Mineral County High Schools girls basketball team for winning the state A championship.
whereas, The girls basketball team from Mineral County High School won its first state A championship after completing an impressive season with a 22-2 record; and
whereas, The accomplishments of this championship squad were the combined effort of Coach Dave Gelmstedt, managers, Fatima Kennedy and Laurel Batchelor, and team members, Shannon Cichowlaz, Tinisha Cox, Deanna Dorsey, Staci Emm, Latasha Jones, Sonja Kovacs, Jaime Mathias, Melissa Moulder, Colleen Schaar, Marlo Steel and Nikki Winters; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the 65th session of the Nevada Legislature extends its congratulations to the Mineral County High Schools girls basketball team for winning the 1988-1989 state A championship; and be it further
resolved, That copies of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Delbert Cornella, Principal of Mineral County High School, Hawthorne, Nevada, and Coach Dave Gelmstedt.
________
Assembly Concurrent Resolution No. 42Assemblymen Dini, Spinello, Carpenter, Wisdom, Diamond, Gaston, Jeffrey, DuBois, Fay, Brookman, Regan, Triggs, Schofield, Spriggs, McGinness, Chowning, Nevin, Myrna Williams, Lambert, Arberry, Bogaert, Wendell Williams, Banner, Bergevin, McGaughey, Garner, Kissam, Sedway, Gibbons, Marvel, Swain, Sheerin, Adler, Porter, Price, Evans, Kerns, Humke, Callister, Sader, Thompson and Freeman
FILE NUMBER 77
ASSEMBLY CONCURRENT RESOLUTIONCommending Hugh H. OYoung on his tireless efforts in promoting Sino-American relations and conferring upon him and his wife honorary residency in the State of Nevada.
whereas, The Republic of China holds a pivotal and strategic position in Asia and the Pacific Rim and is vitally important to the United States in trade, defense, tourism and cultural exchange; and
κ1989 Statutes of Nevada, Page 2267 (FILE NUMBER 77, ACR 42)κ
whereas, The Republic of China is a close friend and trading partner of the State of Nevada; and
whereas, Nevada became a sister state to the Republic of China, Taiwan Province, on October 24, 1985, and has since conducted mutually beneficial programs to bring our citizens closer together and to strengthen international understanding and good will; and
whereas, Mr. Hugh H. OYoung, the Director General of the Coordination Council for North American Affairs of the R.O.C. in San Francisco, California, has been a strong and effective voice in building the close relationship between the Republic of China and the United States; and
whereas, Mr. OYoung attended the University of Chungking and later received a law degree from the National Chengchi University in Nanking; and
whereas, Mr. OYoung has distinguished himself in a successful career representing his country in several locations in the United States including New York, Boston and Chicago, where he was honored to serve as Dean of the Consular Corps which consisted of diplomats and representatives from 65 countries; and
whereas, Mr. OYoung, known for his gentle disposition and generous nature, is a scholar who has written a Monograph of the Chinese Civil Service Examination, has translated the famous Flower Drum Song and served as managing editor of the book, International Etiquette; and
whereas, Mr. OYoung and his lovely wife, Kate, have raised a family of four daughters, three of whom are graduates of universities in the United States and the youngest who is planning to attend a university in the United States this fall; and
whereas, Mrs. OYoung, who is fluent in English, Japanese, Mandarin, Cantonese and other dialects, is a talented artist, skilled in painting, calligraphy, floral arrangement and gourmet cooking; and
whereas, Mr. Hugh OYoung will be addressing the Assembly and Senate in Joint Recess on Tuesday, April 18, 1989, and leading a delegation composed of himself, Mrs. OYoung, Mr. Paul Mao and Mr. Min-chieh Shieh to meet with the Legislature of the State of Nevada; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That Mr. Hugh H. OYoung is commended on his tireless efforts in promoting Sino-American relations; and be it further
resolved, That the Legislature of the State of Nevada hereby confers honorary residency upon Mr. OYoung and his wife, Kate; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit forthwith a copy of this resolution to Mr. Hugh OYoung.
________
κ1989 Statutes of Nevada, Page 2268κ
Senate Concurrent Resolution No. 32Senators Hickey, Beyer, Coffin, Getto, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 78
SENATE CONCURRENT RESOLUTIONCommending the parent-teacher associations in Nevada.
whereas, The education of the youth of Nevada and our nation is a primary concern of the citizens of Nevada and the United States; and
whereas, In an effort to improve education by involving parents in the process, the parent-teacher association was organized in Nevada in 1941; and
whereas, The Nevada Parent-Teacher Association has a current membership of over 30,000; and
whereas, This month 200 delegates from parent-teacher associations within Nevada will be participating in a 4-day state convention where they will attend several seminars relating to education; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the 65th session of the Nevada Legislature hereby commends members of parent-teacher associations throughout the State of Nevada upon their outstanding contributions to education in the State of Nevada; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to Coni Longero, President of the Nevada Parent-Teacher Association.
________
Assembly Concurrent Resolution No. 10Assemblymen Jeffrey, Dini, Spinello, Sedway, Evans, Marvel, Price, Humke, DuBois, Swain, Kerns, Arberry, Callister, Myrna Williams, Freeman, Gaston, Gibbons, Chowning, Garner, Porter, Wendell Williams, Diamond, Banner, Thompson, Nevin, Triggs, McGinness, Carpenter, Regan, Spriggs, Bergevin, Brookman, Adler, McGaughey, Sheerin, Schofield, Lambert, Kissam and Bogaert
FILE NUMBER 79
ASSEMBLY CONCURRENT RESOLUTIONUrging the boards of trustees of local school districts to allow academic credit for courses of occupational education and urging the board of regents to allow those credits to apply toward admission to the University of Nevada System.
whereas, Success in school is directly related to a pupils desire to graduate from high school and continue in the pursuit of a higher education; and
whereas, A pupil who has a history of poor performance in academic subjects often may drop out of high school rather than be subjected to continued failure; and
κ1989 Statutes of Nevada, Page 2269 (FILE NUMBER 79, ACR 10)κ
whereas, Pupils could be taught academic subjects if those subjects were included in occupational courses; and
whereas, Provisions allowing academic credit for occupational courses of study are specified in NAC 389.672; and
whereas, If the board of regents of the University of Nevada System were to review and evaluate in order to compare with established requirements for admission, courses for which academic credit is awarded, and apply those approved credits toward admission to the University of Nevada, pupils would be more inclined to continue their education and would have one less obstacle to overcome; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the Nevada Legislature hereby urge the boards of trustees of the school districts of Nevada to review occupational courses of study in order to allow academic credit for those courses, pursuant to NAC 389.672; and be it further
resolved, That the board of regents of the University of Nevada System is urged to accept those courses for admission to the University of Nevada System if they also meet the requirements established by the board of regents for admission to the system; and be it further
resolved, That copies of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to the boards of trustees of all school districts in Nevada and to members of the board of regents of the University of Nevada System.
________
Senate Joint Resolution No. 13Senator Raggio
FILE NUMBER 80
SENATE JOINT RESOLUTIONProposing to amend the Nevada constitution to clarify and extend the jurisdiction of the district courts relating to the writs of prohibition and habeas corpus.
resolved by the senate and assembly of the state of nevada, jointly, That section 6 of article 6 of the constitution of the State of Nevada be amended to read as follows:
Sec. 6. 1. The District Courts in the several Judicial Districts of this State shall have original jurisdiction in all cases excluded by law from the original jurisdiction of justices courts. They shall also have final appellate jurisdiction in cases arising in Justices Courts, and such other inferior tribunals as may be established by law. The District Courts [,] and the Judges thereof shall have the power to issue writs of Mandamus, Prohibition, Injunction, Quo-Warranto, Certiorari, and all other writs proper and necessary to the complete exercise of their jurisdiction . [; and also shall] The District Courts and the Judges thereof shall also have the power to issue writs of Habeas Corpus on petition by, or on behalf of any person who is held in actual custody in their respective districts [.] , or who has suffered a criminal conviction in their respective districts and has not completed the sentence imposed pursuant to the judgment of conviction.
κ1989 Statutes of Nevada, Page 2270 (FILE NUMBER 80, SJR 13)κ
respective districts and has not completed the sentence imposed pursuant to the judgment of conviction.
2. The legislature may provide by law for referees in district courts.
________
Assembly Concurrent Resolution No. 43Assemblymen Bogaert, Sheerin, Fay, Lambert, Nevin, Thompson, Garner, McGaughey, Bergevin, Schofield, Freeman, Brookman, Banner, Myrna Williams, Kerns, Marvel, Price, Dini, Kissam, Spinello, Chowning, Wisdom, Regan, Carpenter, Evans, McGinness, Arberry, Porter, Gibbons, Gaston, Spriggs, Humke, Triggs, Diamond, Wendell Williams, Swain, Callister, DuBois, Jeffrey, Sader and Adler
FILE NUMBER 81
ASSEMBLY CONCURRENT RESOLUTIONCommending Hugh OBrian and the Hugh OBrian Youth Foundation.
whereas, The Hugh OBrian Youth Foundation is 31 years old this year; and
whereas, The Hugh OBrian Youth Foundation has benefitted the lives of tens of thousands of high school sophomores through its Youth Seminar program; and
whereas, Hugh OBrian has devoted the last 30 years of his life to the betterment of the youth of our nation and the world through the Youth Seminar program; and
whereas, The Hugh OBrian Youth Foundation will touch the lives of 42 Nevada sophomores representing almost every high school in the state during this years seminar in Carson City April 21, 22 and 23; and
whereas, Every state in the union and several foreign countries will come together again to motivate tomorrows leaders today; and
whereas, The Hugh OBrian Youth Foundation is now recognized worldwide as one of the most important programs to ensure the future of this nation and the world; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature commends Hugh OBrian and the Hugh OBrian Youth Foundation for the years of devotion to the youth of this nation and the world by helping them toward a better understanding of all mankind; and be it further
resolved, That a copy of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to Mr. Hugh OBrian.
________
κ1989 Statutes of Nevada, Page 2271κ
Senate Joint Resolution No. 6Committee on Natural Resources
FILE NUMBER 82
SENATE JOINT RESOLUTIONUrging Congress to retain the current formula used to establish fees for grazing on federal land.
whereas, Executive Order No. 12548, entitled Grazing Fees, which was issued by the President of the United States on February 14, 1986, and the Code of Federal Regulations (36 C.F.R. § 222, Subpart C, and 43 C.F.R. § 4130.7) require the use of a formula to set schedules for grazing fees that are equitable, that prevent economic disruption and harm to the western livestock business, and that reflect annual changes in the costs of production; and
whereas, The economy of many of Nevadas rural counties is heavily dependent upon ranching which serves as the stable base of the countys economy; and
whereas, Any change in the fees charged for grazing on public lands should be related to the price of the cattle grazed to protect the stability of the livestock business in Nevada; and
whereas, After a careful review of the fees charged for grazing on public lands, this states Legislative Committee on Public Lands supports the formula presently used for establishing grazing fees; now, therefore, be it
resolved by the senate and assembly of the state of nevada, jointly, That the Legislature urges Congress to require and the Secretaries of the Department of the Interior and the Department of Agriculture to recommend the continuation of the current formula for fees; and be it further
resolved, That the Secretary of the Senate transmit a copy of this resolution to the Vice President of the United States as President of the Senate, the Speaker of the House of Representatives, each member of the Nevada Congressional Delegation, the Secretary of the Department of the Interior and the Secretary of the Department of Agriculture; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
Senate Concurrent Resolution No. 12Senators Getto, Beyer, Coffin, Hickey, Jacobsen, Malone, Mello, Neal, OConnell, ODonnell, Rhoads, Shaffer and Wagner
FILE NUMBER 83
SENATE CONCURRENT RESOLUTIONUrging the University of Nevada to continue to address the problem of whether certain credits earned at a community college in this state should be accepted by the university.
whereas, The community colleges of this state are an integral part of the University of Nevada System; and
whereas, May residents of this state begin their undergraduate studies at their local community college; and
κ1989 Statutes of Nevada, Page 2272 (FILE NUMBER 83, SCR 12)κ
whereas, The residents of this state should be encouraged to complete a full course of study leading to the conferral of an academic degree by the University of Nevada; and
whereas, The nonacceptance by the University of Nevada, Reno, and the University of Nevada, Las Vegas, of credits earned at a community college in this state may discourage the residents of this state from continuing their undergraduate studies and earning an academic degree from the University of Nevada; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Nevada Legislature urges the University of Nevada, Reno, and the University of Nevada, Las Vegas, to continue to address the problem of whether credits earned for required courses taken at a community college in this state should be accepted by the universities; and be it further
resolved, That a copy of this resolution be transmitted by the Secretary of the Senate to the Chancellor and the Board of Regents of the University of Nevada.
________
Assembly Concurrent Resolution No. 44Assemblymen Dini, Kerns, Myrna Williams, Marvel, Banner, Chowning, Carpenter, Freeman, Thompson, Kissam, Regan, Wisdom, Gaston, Jeffrey, Adler, Spinello, Wendell Williams, McGinness, Evans, Arberry, Diamond, Swain, Spriggs, Triggs, Brookman, Schofield, Nevin, Gibbons, Lambert, Porter, Bergevin, McGaughey, Garner, Fay, Humke, Price, DuBois, Sader, Callister, Bogaert and Sheerin
FILE NUMBER 84
ASSEMBLY CONCURRENT RESOLUTIONCongratulating Yerington High Schools boys basketball team for winning state A championship.
whereas, The Yerington High Schools boys basketball team, known as the Lions, completed the 1988-1989 season with only one loss while picking up its third consecutive state A championship; and
whereas, This championship victory of the Lions resulted from a season of continuously demonstrated skill, fighting spirit and good sportsmanship reflecting credit upon their Head Coach, Clark Reid, Assistant Coach, Victor Williams, Sr., and team members, Mike Milligan, Jay Morse, Jonas Prida, Cory Sanford, Kevin Schmid, Jeff Stanton, Dorsey Thom, Larry John Villa, Victor Williams, Jr., Marc Hillygus and Leon Kinerson; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the 65th session of the Nevada Legislature extends its congratulations to the Yerington High Schools boys basketball team for winning the state A championship; and be it further
κ1989 Statutes of Nevada, Page 2273 (FILE NUMBER 84, ACR 44)κ
resolved, That copies of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Daryl Hart, Principal of Yerington High School and Head Coach, Clark Reid.
________
Senate Resolution No. 9Senators Jacobsen, Raggio, Beyer, Coffin, Getto, Hickey, Horn, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 85
SENATE RESOLUTIONMemorializing former Senator Fred H. Settelmeyer.
whereas, The members of this body were deeply saddened by the death of former Senator Fred H. Settelmeyer; and
whereas, The respected and admired former Senator ably represented his Douglas County constituency for 16 years; and
whereas, Fred H. Settelmeyer was born September 7, 1892, to William and Maria Worthsman Settelmeyer, one of the original settlers of the Carson Valley; and
whereas, Mr. Settelmeyer attended local schools and graduated with the first class to graduate from Douglas County High School in 1912; and
whereas, In 1914, Mr. Settelmeyer enrolled in Gettysburg College in Gettysburg, Pennsylvania, where he pursued a law degree for 2 years, but was forced to quit to take over the familys ranching business when a younger brother died; and
whereas, In 1971, Gettysburg College honored Fred Settelmeyer with an Honorary Doctor of Law degree as a distinguished citizen; and
whereas, Mr. Settelmeyer served the state as a Senator from 1946 through 1962, and held the positions of President Pro Tempore and Chairman of the Senate Finance and Banking Committees; and
whereas, Mr. Settelmeyer received the Distinguished Nevadan of the Year Award from the University of Nevada, Reno, the Presidents Award (for outstanding service) from the Nevada Cattlemens Association and the Man of the Year Award for Carson Valley; and
whereas, Fred Settelmeyer served as adviser to the Agricultural College at the University of Nevada, Reno, was past chairman of the Carson City Water Users, organized the Carson Valley Conservation District in 1938 and was a director and board member of the Farmers Bank of Carson Valley for 14 years; and
whereas, Mr. Settelmeyer was a member for 70 years, of the Carson Valley Masonic Lodge No. 33 F. & A.M. of Gardnerville, a member of the Minden Rotary Club and a member of the 20-30 Club; and
whereas, October 16, 1987, was proclaimed Fred H. Settelmeyer Day by Acting Governor Lawrence E. Jacobsen; and
κ1989 Statutes of Nevada, Page 2274 (FILE NUMBER 85, SR 9)κ
whereas, Fred H. Settelmeyer is survived by his sister Irma Settelmeyer of Minden, his youngest brother, James of Massachussetts, and several nieces and nephews; now, therefore, be it
resolved by the senate of the state of nevada, That members of this body mourn the loss of a respected Nevada citizen and extend their condolences to the surviving family of Senator Fred H. Settelmeyer; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to Irma Settelmeyer.
________
Senate Resolution No. 10Senators Townsend, Shaffer, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Smith, Titus, Vergiels and Wagner
FILE NUMBER 86
SENATE RESOLUTIONProclaiming April 28, 1989, as Workers Memorial Day in Nevada.
whereas, Every year more than 30 workers from Nevada are killed on the job, approximately 89 are permanently disabled, thousands are injured and others die from cancer, lung disease and other diseases related to toxic chemical exposure at work; and
whereas, Organized labor has fought for decades to improve conditions on the job; and
whereas, Largely because of the efforts of the labor movement, the Occupational Safety and Health Act (OSHA) was passed in 1970; and
whereas, Future tragedies may be prevented through renewed efforts to seek stronger safety and health standards and increased enforcement of those standards; and
whereas, April 28, 1989, the anniversary of OSHA, is a day chosen by representatives of organized labor as the time to remember those who have been killed or injured in the workplace; now, therefore, be it
resolved by the senate of the state of nevada, That Friday, April 28, 1989, is hereby proclaimed as Workers Memorial Day in Nevada in recognition of workers who have been killed or injured on the job; and be it further
resolved, That copies of this resolution be prepared and transmitted to Walt Elliot, President of the Nevada State A.F.L.-C.I.O. and Lane Kirkland, President of the A.F.L.-C.I.O.
________
κ1989 Statutes of Nevada, Page 2275κ
Assembly Joint Resolution No. 26Assemblymen Jeffrey, Thompson, Gaston and Fay
FILE NUMBER 87
ASSEMBLY JOINT RESOLUTIONUrging Congress to transfer the federal land near Apex to Clark County for use by heavy industry.
whereas, On May 4, 1988, the residents of Clark County and Henderson, Nevada, suffered severe trauma when the Pacific Engineering and Production Company plant exploded, resulting in two deaths and over $75 million in property damage; and
whereas, The Clark County Commission subsequently directed its staff to detail a three-phase program to reevaluate Clark County zoning methodology for industrial land use, including identification of a more appropriate site for heavy industrial use where heavy and hazardous industries could locate or relocate; and
whereas, the Governors Blue Ribbon Commission to Examine the Adequacy of Existing Regulations Pertaining to the Manufacture and Storage of Highly Combustible Materials also made several recommendations supporting the relocation of heavy and hazardous industries to more appropriate sites in Clark County; and
whereas, Privately owned lands suitable for heavy industrial use, sufficiently isolated from population centers and adjacent to utilities and transportation, are not readily available; and
whereas, The Federal Government owns over 90 percent of the land in Clark County and the use of under-utilized federal land in the Apex area of the Dry Lake Valley appears to offer the best opportunity to develop a sufficiently remote heavy industry zone; and
whereas, Clark County is working to acquire sufficient land from the Federal Government to establish a Heavy Industrial Park in the Apex area; and
whereas, Clark County is assisting and working with Kerr-McGee Chemical Corporation, the only producer of Ammonium Perchlorate left in the country, whose present plant facility is in close proximity to Henderson residential areas; and
whereas, The proposed Heavy Industrial Park will serve the residents of Nevada and protect the health and welfare of its residents at the least cost by accommodating an existing industry in their relocation efforts, thereby saving jobs; and
whereas, Creating an industrial park area for new manufacturing entities that are of a heavy or hazardous nature and are looking at the State of Nevada as a potential site for location will stimulate economic development; and
whereas, Legislation has been introduced in Congress (H.R. 1485 and S. 624), which would allow Clark County to acquire 17,000 acres of federal land 15 miles northeast of Las Vegas for a proposed heavy industrial area; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the Legislature of the State of Nevada hereby urges the Congress of the United States to adopt H.R. 1485 and S. 624; and be it further
κ1989 Statutes of Nevada, Page 2276 (FILE NUMBER 87, AJR 26)κ
resolved, That copies of this resolution be transmitted by the Chief Clerk of the Assembly to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and the members of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
Assembly Joint Resolution No. 22Assemblymen Bogaert, Bergevin, Wendell Williams, Sheerin, Wisdom, Freeman, Carpenter, Porter, Chowning, Gaston, Thompson, Gibbons, Arberry, Marvel, DuBois, Lambert, McGinness, Jeffrey, Price, Nevin, Dini, Schofield, Kerns, Regan, Brookman, Triggs, Evans and Garner
FILE NUMBER 88
ASSEMBLY JOINT RESOLUTIONRatifying a proposed amendment to the Constitution of the United States providing that increases in compensation for Senators and Representatives may take effect only after an election of Representatives has intervened.
whereas, An amendment to the Constitution of the United States was proposed by resolution of the First Congress of the United States in New York City, New York, on September 25, 1789, which reads in pertinent part as follows:
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, two thirds of both Houses concurring, That the following [Article] be proposed to the Legislatures of the several States, * * * which [Article], when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution, viz.:
Article the second * * * No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
And
whereas, The Legislature of the State of Nevada acknowledges that this proposed article of amendment to the United States Constitution has already been ratified, respectively, by the Legislatures of Maryland on December 19, 1789; North Carolina on December 22, 1789; South Carolina on January 19, 1790; Delaware on January 28, 1790; Vermont on November 3, 1791; Virginia on December 15, 1791; Ohio on May 6, 1873; Wyoming on March 3, 1978; Maine on April 27, 1983; Colorado on April 18, 1984; South Dakota on February 21, 1985; New Hampshire on March 7, 1985; Arizona on April 3, 1985; Tennessee on May 23, 1985; Oklahoma on July 10, 1985; New Mexico on February 13, 1986; Indiana on February 19, 1986; Utah on February 25, 1986; Arkansas on March 7, 1987; Montana on March 11, 1987; Connecticut on May 13, 1987; Wisconsin on June 30, 1987; Georgia on February 2, 1988; West Virginia on March 10, 1988; Louisiana on July 6, 1988; and Iowa on February 7, 1989; and
κ1989 Statutes of Nevada, Page 2277 (FILE NUMBER 88, AJR 22)κ
on February 2, 1988; West Virginia on March 10, 1988; Louisiana on July 6, 1988; and Iowa on February 7, 1989; and
whereas, The Legislature of the State of Nevada acknowledges that this article of amendment may still be ratified by state legislatures as a result of the ruling by the United States Supreme Court in the case of Coleman v. Miller, 307 U.S. 433 (1939), which held that unless Congress specifies a limit on the time allowed for consideration by the states, then Congress is the final arbiter of the question whether too much time has elapsed between Congress submission of an amendment and the most recent state legislatures ratification of the amendment; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the proposed amendment to the Constitution of the United States of America is hereby ratified by the Legislature of the State of Nevada; and be it further
resolved, That a true copy of this resolution be delivered by the Chief Clerk of the Assembly to the Secretary of State for his certification and transmittal to the Archivist of the United States pursuant to 1 U.S.C. §§ 106b and 112; and be it further
resolved, That the Chief Clerk of the Assembly shall also send a copy of this resolution to the Vice President of the United States, as president of the Senate, and to the Speaker of the House of Representatives with the request that it be printed in full in the Congressional Record; and be it further
resolved, That the Chief Clerk of the Assembly shall also send a copy of this resolution to each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
Assembly Resolution No. 13Legislative Functions
FILE NUMBER 89
ASSEMBLY RESOLUTIONProviding for the appointment of an additional attache.
resolved by the assembly of the state of nevada, That Carol Walter is elected as an additional attache of the Assembly for the 65th session of the Legislature of the State of Nevada.
________
κ1989 Statutes of Nevada, Page 2278κ
Senate Concurrent Resolution No. 38Senators Getto, Beyer, Coffin, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 90
SENATE CONCURRENT RESOLUTIONMemorializing the late Donald A. Moody.
whereas, The members of the Nevada Legislature note with profound sorrow the passing of former State Assemblyman Donald A. Moody; and
whereas, Donald Moody was born on October 21, 1929, in Elko, Nevada, and moved with his family to Hawthorne, Nevada, in 1943; and
whereas, In 1947 he graduated from Mineral County High School where he was active in athletes and scholastic affairs; and
whereas, After graduation Don enlisted in the Air Force and served in the 78th fighter group as a jet aircraft mechanic in Hamilton Field in California and in Panama; and
whereas, Don Moody was a devoted public servant serving as Mineral County Commissioner from 1961 to 1971 and as State Assemblyman for District 36 during the 1975 and 1977 sessions; and
whereas He served as chairman of the Environmental and Public Resources Committee and was a member of the Select Committee and Public Lands and Government Affairs; and
whereas, After several years of owning private businesses, Don and his wife, Wilma, established the first over-night parking facility in Hawthorne for trailers, motor homes and campers; and
whereas, Don was dedicated toward improving his community and recently demonstrated this dedication by actively supporting the Hawthorne Little League project; and
whereas, Don is survived by his loving wife Wilma, a son, Steven L., and a daughter, Barbara S. Rueter, all of Hawthorne, a sister, Norma Eddy of Tucson, Arizona, nine grandchildren, two great-grandchildren, and several nieces and nephews; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature express their condolences to the family of the late Donald A. Moody; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to Donald Moodys widow, Wilma.
________
κ1989 Statutes of Nevada, Page 2279κ
Senate Concurrent Resolution No. 39Senators OConnell, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 91
SENATE CONCURRENT RESOLUTIONMemorializing the late William H. Heinrich.
whereas, This Legislature notes with profound sorrow the passing of William H. Bill Heinrich; and
whereas, Bill Heinrich was born in Rochester, New York, on June 7, 1924; and
whereas, He served with distinction as a member of the United States Army during World War II, earning the Combat Infantrymans Badge and the Bronze Star; and
whereas, After the war, Bill married Lillie Lomax in 1948, and raised one son, Greg; and
whereas, Bill Heinrich began his automobile career in southern California, and in 1969 he purchased Community Chevrolet in Las Vegas, which became Fairway Chevrolet, the only Chevrolet-certified Service Supremacy dealer in Nevada; and
whereas, Bill Heinrich distinguished himself with his deep involvement in community activities in southern Nevada and was past president of the Greater Las Vegas Chamber of Commerce, the Better Business Bureau, the Las Vegas Car Dealers Association, Citizens for Private Enterprise and the National Kidney Foundation of Nevada; and
whereas, Bill Heinrich was chairman of the Las Vegas YMCA $3 million fund-raising campaign and was also the founding member and director of both Secret Witness and Urban League; and
whereas, Bill Heinrich was a founding member and past state chairman of Nevadans for Stable Taxes and in the 1980s helped defeat tax increases; and
whereas, Throughout his life Bill Heinrich received many honors including being named Citizen of the Year by the Las Vegas Board of Realtors, Man of the Year by Citizens for Private Enterprise, Nevada Small Businessman of the Year by the Small Business Administration and Man of the Year by the National Kidney Foundation of Nevada; and
whereas, In 1980, Time magazine named William Heinrich Automobile Dealer of the Year and in 1986, Business Week magazine named him the regional winner of the award Truck Dealer of the Year; and
whereas, In 1986 Governor Richard Bryan recognized Bill by proclaiming the week of April 20th as Bill Heinrich Week in Nevada; and
whereas, Bill Heinrich, a kidney dialysis patient for 8 years, served as an inspirational role model for other kidney dialysis patients; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That members of the 65th session of the Nevada Legislature hereby express their deepest sympathy to the family of the late Bill Heinrich; and be it further
κ1989 Statutes of Nevada, Page 2280 (FILE NUMBER 91, SCR 39)κ
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to Bill Heinrichs widow, Lillie, and their son Greg.
________
Assembly Concurrent Resolution No. 50Assemblymen Schofield, Dini, Garner, Spriggs, Swain, Wisdom, Evans, Myrna Williams, Gaston, Banner, Carpenter, Sheerin, Fay, Chowning, Regan, Kerns, Porter, Nevin, DuBois, Diamond, McGaughey, Freeman, Wendell Williams, Humke, Triggs, McGinness, Arberry, Lambert, Kissam, Adler, Thompson, Bergevin, Gibbons, Brookman, Bogaert, Callister, Jeffrey, Spinello, Sader and Price
FILE NUMBER 92
ASSEMBLY CONCURRENT RESOLUTIONHonoring the Mexican holiday, Cinco de Mayo.
whereas, Cinco de Mayo commemorates May 5, 1862, when Mexico successfully resisted an invasion of Mexico by the French; and
whereas, Every year the fifth of May is celebrated by citizens of Mexico and those persons of Mexican origin residing throughout the world; and
whereas, Cinco de Mayo is celebrated in Nevada with local festivities which include folkloric dancing and singing, and the sharing of authentic Mexican food; and
whereas, Nevada residents of Mexican heritage have a culture and heritage that is appropriately honored on Cinco de Mayo; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the 65th session of the Nevada Legislature hereby commemorate Cinco de Mayo on May 5, 1989; and be it further
resolved, That this Legislature honors the celebration of Cinco de Mayo and pays tribute on that day to the traditions and contributions of all Nevadans of Mexican-American heritage.
________
κ1989 Statutes of Nevada, Page 2281κ
Assembly Resolution No. 14Assemblymen Brookman, Dini, Sedway, Myrna Williams, Chowning, Thompson, McGaughey, Wendell Williams, Spinello, Schofield, DuBois, Kissam, Wisdom, Jeffrey, Regan, Fay, Price, Callister, Garner, Arberry, Gaston, Porter, Triggs, Lambert, Diamond, Evans, Humke, Sheerin, Freeman, Swain, Spriggs, McGinness, Kerns, Carpenter, Marvel, Gibbons, Bogaert, Bergevin, Adler, Nevin, Sader and Banner
FILE NUMBER 93
ASSEMBLY RESOLUTIONCommending Ruthe Deskin for her outstanding public service and contributions to the State of Nevada.
whereas, Ruthe Deskin was born on February 20, 1916, in Yerington, (Pizen Switch) Nevada; and
whereas, In 1937, Ruthe Deskin graduated from the University of Nevada, Reno, with a bachelors degree; and
whereas, Ruthe Deskins ability in journalism and public relations was recognized and appreciated over the years as she dedicated herself to her various positions as Womens Editor of the Reno Evening Gazette, Continuity Director and Program Director of KENO and KLAS radio stations in Las Vegas, Publicity Director for the Last Frontier Hotel; and
whereas, She is currently the Assistant to the Publisher of the Las Vegas Sun and southern Nevadans always know where she stands on important issues in the community; and
whereas, This remarkable lady has demonstrated her concern for her fellow Nevadans by spending much of her life helping the youth of Clark County and Nevada; and
whereas, An avid sports fan, Mrs. Deskins enthusiasm and support of the Runnin Rebels is legendary, evidenced by her attendance, in suitable attire, at all local games and her recent trip to Long Beach to watch the Big West Conference game; and
whereas, Throughout her life Ruthe Deskin has received many well-deserved honors among which include receiving a citation and ribbon for meritorious civilian service during World War II; being named Distinguished Nevadan by the University of Nevada, Las Vegas; being honored by the Southern Nevada Association for the Handicapped for her outstanding service; for her service to youth, having a building at Child Haven named the Ruthe Deskin Activity Center; being named Women of the Year by the Nevada Womans Political Caucus; being honored by the Las Vegas city council, the Clark County commissioners and the Governor by proclaiming October 12, 1980, as Ruthe Deskin Day; receiving the Outstanding Citizen award for contributions to youth from Faith Lutheran High School; receiving the Silver Makeup Rule which is the highest award given by the Nevada State Press Association; and on March 28, 1989, an elementary school in Las Vegas was named the Ruthe Deskin Elementary School; and
whereas, Ruthe Deskins participation in organizations include being the Director of the SUN Youth Forum for 31 years, a life member of the Foster Parents of Clark County, Past President of the Nevada State Press Association, Past President of the Las Vegas Press Club, a member of the Clark County Juvenile Probation Committee for 20 years, Founder of US, Inc.
κ1989 Statutes of Nevada, Page 2282 (FILE NUMBER 93, AR 14)κ
Parents of Clark County, Past President of the Nevada State Press Association, Past President of the Las Vegas Press Club, a member of the Clark County Juvenile Probation Committee for 20 years, Founder of US, Inc. (drug education program for youth), and a member of the Las Vegas Womens Bowling Association; now, therefore, be it
resolved by the assembly of the state of nevada, That the members of this body hereby commend Ruthe Deskin for her many outstanding public achievements and her selfless dedication to the youth of Nevada; and be it further
resolved, That Ruthe Deskin has exemplified the finest attributes of womanhood and is an inspiration to her family and the countless friends she has made in the State of Nevada; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Ruthe Deskin.
________
Assembly Joint Resolution No. 11Assemblymen Arberry, Brookman and Price
FILE NUMBER 94
ASSEMBLY JOINT RESOLUTIONUrging Congress to enact legislation allocating federal land for affordable mobile home parks.
whereas, The State of Nevada has approximately 90,000 to 100,000 families of low income who are in need of affordable housing; and
whereas, These families include a large number of senior citizens, a segment of the population that has increased by approximately 112 percent since 1977; and
whereas, The current shortage of affordable housing is directly related to the high cost of available land; and
whereas, Mobile home parks provide a major source of affordable housing, especially for senior citizens of low income; and
whereas, Congress controls a considerable amount of federal land in this state that could be used to provide affordable mobile home parks for senior citizens and other persons of low income; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That Congress is hereby urged to enact legislation allocating federal land for affordable mobile home parks in the State of Nevada; and be it further
resolved, That a copy of this resolution be transmitted by the Chief Clerk of the Assembly to the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation.
________
κ1989 Statutes of Nevada, Page 2283κ
Assembly Joint Resolution No. 14Committee on Government Affairs
FILE NUMBER 95
ASSEMBLY JOINT RESOLUTIONUrging the Federal Government and the United States Forest Service to cooperate with certain agencies of the State of Nevada to consummate the exchange of environmentally sensitive public lands located within the Lake Tahoe Basin.
whereas, The Commission for Land Acquisition in the Tahoe Basin, created after the residents of Nevada approved a $31,000,000 bond proposal, was responsible for establishing the policies for the administration by the division of state lands of the state department of conservation and natural resources of a program to purchase environmentally sensitive land in the Lake Tahoe Basin; and
whereas, The Santini-Burton Act (Public Law 96-586), which is administered by the United States Forest Service within the Department of Agriculture and is the federal counterpart of the program administered by the division, provides money for the acquisition of environmentally sensitive land in the Lake Tahoe Basin; and
whereas, As of June 7, 1988, the Forest Service had purchased 808 parcels of environmentally sensitive land located within the Lake Tahoe Basin for approximately $32,000,000 and acquired another 21 parcels by donation; and
whereas, The division anticipates that it will, by the end of 1988, acquire approximately one-half of the environmentally sensitive parcels of land whose purchase has been approved by the state board of examiners and will acquire the remaining parcels in 1989 and 1990; and
whereas, The parcels of land that have or will be acquired by the Forest Service and the division are interlaced throughout the Lake Tahoe Basin and their lack of contiguity causes inefficient maintenance; and
whereas, The exchange of certain of those parcels between the two entities would facilitate the expansion of state park land and provide for more efficient maintenance of the parcels by the Forest Service and the division; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the Legislature of the State of Nevada urges the Federal Government and the United States Forest Service to cooperate with agencies of this state to consummate the exchange of certain federally owned parcels of environmentally sensitive public land located within the Lake Tahoe Basin for certain parcels of environmentally sensitive land owned by the State of Nevada within the Basin; and be it further
resolved, That copies of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives, the Secretary of the Department of Agriculture, the Chief of the United States Forest Service and to each member of the Nevada Congressional Delegation.
________
κ1989 Statutes of Nevada, Page 2284κ
Senate Concurrent Resolution No. 21Senators Smith, Getto, OConnell, Beyer, Coffin, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 96
SENATE CONCURRENT RESOLUTIONRequesting the Western States Water Council to study the interregional transfer of water.
whereas, The Western States Water Council was created by a resolution of the Western Governors Conference in June 1965; and
whereas, The future growth and prosperity of the western states depends upon the availability of an adequate quantity of water of suitable quality; and
whereas, The need for an accurate and unbiased appraisal of the present and future requirements of each area of the west and the need for a determination of the most equitable means of providing for meeting these requirements demands a regional effort; and
whereas, The rapid growth of population in the arid southwest is focusing attention on the need for conservation and augmentation of the limited supply of potable water; and
whereas, In some areas, the present demand on the limited supply of water is endangering wildlife habitation and also threatening the existence of established agriculture areas; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Western States Water Council is requested to study the orderly and optimum development and interregional transfer of water resources in the western states to meet the needs of the wildlife and the people who live in the arid southwest.
________
Assembly Concurrent Resolution No. 21Assemblymen Brookman, Gibbons, Marvel, Bogaert, Callister, Price, Spinello, Sedway, Jeffrey, Nevin, Porter, Kerns, Regan, Chowning, Fay, Sheerin, Carpenter, Gaston, Myrna Williams, Kissam, Schofield, Humke, Garner, Swain, McGaughey and Dini
FILE NUMBER 97
ASSEMBLY CONCURRENT RESOLUTIONUrging public officers, members of the Nevada Congressional Delegation, state legislators and other residents of this state to develop a good neighbor policy for blind persons.
whereas, The philosophy of being a good neighbor to all persons is a part of the public policy of this country; and
whereas, Pursuant to this philosophy, assistance has often been given to persons in other countries while the needs of blind persons in this country are often overlooked; and
κ1989 Statutes of Nevada, Page 2285 (FILE NUMBER 97, ACR 21)κ
whereas, Seventy percent of blind persons who are capable of working are unemployed because employers continue to find reasons not to employ blind persons; and
whereas, Blind persons in this country who are employed are often paid low wages; and
whereas, Champion athletes are barred from national competition because they are blind; and
whereas, Blind persons should be respected for what they can contribute to society and not discriminated against because of their lack of visual acuity; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the public officers of the state, members of the Nevada Congressional Delegation, state legislators and other residents of this state are urged to develop a good neighbor policy for blind persons by affording them the same opportunities to be active, contributing members of society as are afforded all other residents of this state.
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Senate Joint Resolution No. 12Senators Raggio, Neal, Getto, ODonnell, Hickey, Wagner, Horn, Rawson, Shaffer, Malone, Smith and Jacobsen
FILE NUMBER 98
SENATE JOINT RESOLUTIONProposing to amend the Nevada constitution to create an intermediate appellate court.
resolved by the senate and assembly of the state of nevada, jointly, That a new section be added to article 6 and sections 1, 4, 7, 8, 11, 15, 20 and 21 of article 6 of the constitution of the State of Nevada be amended to read respectively as follows:
Sec. 3A. 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 first Monday of January next after the election. The initial three judges must be appointed by the governor from among three nominees selected for each individual seat by the commission on judicial selection, and must be appointed for terms of 2 years, 4 years and 6 years, respectively, which must be separately specified in their appointments. In any increase or reduction of the number of judges, the legislature shall provide initial terms of 6 or fewer years so that one-third of the total number of judges, as nearly as may be, is elected every 2 years.
3. The chief justice of the supreme court shall appoint one of the judges of the court of appeals to be the chief judge. The chief judge shall serve a term of 4 years and may succeed himself. The chief judge may resign his position as chief judge without resigning from the court of appeals.
κ1989 Statutes of Nevada, Page 2286 (FILE NUMBER 98, SJR 12)κ
4. The supreme court shall 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 legislature shall fix the jurisdiction of the court of appeals and provide for the review, where appropriate, of appeals decided by the court of appeals. The supreme court and the court of appeals shall also have the power to issue writs of mandamus, certiorari, prohibition, quo warranto, and habeas corpus and also all writs necessary or proper to the complete exercise of [its appellate] their jurisdiction. Each [of the justices shall have power to] justice of the supreme court and judge of the court of appeals may issue writs of habeas corpus to any part of the state, upon petition by, or on behalf of, any person held in actual custody [,] in this state, and may make such writs returnable [, before himself] before the issuing justice or judge, or the [supreme court,] court of which the justice or judge is a member, or before any district court in the state or [before] any judge of [said courts.] a district court.
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 , the Court of Appeals 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. 8. The Legislature shall determine the number of Justices of the Peace to be elected in each city and township of the state, and shall fix by law their qualifications, their terms of office and the limits of their civil and criminal jurisdiction, according to the amount in controversy, the nature of the case, the penalty provided, or any combination of these.
κ1989 Statutes of Nevada, Page 2287 (FILE NUMBER 98, SJR 12)κ
The provisions of this section affecting the number, qualifications, terms of office and jurisdiction of Justices of the Peace become effective on the first Monday of January, 1979.
The Legislature shall also prescribe by law the manner, and determine the cases in which appeals may be taken from Justices and other courts. The Supreme Court, the Court of Appeals, the District Courts, and such other Courts [,] as the Legislature shall designate, shall be Courts of Record.
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 void.
Sec:] are void.
Sec. 15. The Justices of the Supreme Court , the Judges of the Court of Appeals and the 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;
(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 supreme 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.
κ1989 Statutes of Nevada, Page 2288 (FILE NUMBER 98, SJR 12)κ
law to the positions designated in this section to be occupied by members of the State Bar of Nevada.
6. The term of office of each appointive member of the permanent commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. The additional members of a temporary commission shall be appointed when a vacancy occurs. and their terms shall expire when the nominations for such vacancy have been transmitted to the governor.
7. An appointing authority shall not appoint to the permanent commission more than:
(a) One resident of any county.
(b) Two members of the same political party.
No member of the permanent commission may be a member of a commission on judicial discipline.
8. After the expiration of 30 days from the date on which the commission on judicial selection has delivered to him its list of nominees for any vacancy, if the governor has not made the appointment required by this section, he shall make no other appointment to any public office until he has appointed a justice or judge from the list submitted.
[If a commission on judicial selection is established by another section of this constitution to nominate persons to fill vacancies on the supreme court, such commission shall serve as the permanent commission established by subsection 3 of this section.]
Sec. 21. 1. A justice of the supreme court , a judge of the court of appeals or a district judge may, in addition to the provision of article 7 for impeachment, be censured, retired or removed by the commission on judicial discipline. A justice or judge may appeal from the action of the commission to the supreme court, which may reverse such action or take any alternative action provided in this subsection.
2. The commission is composed of:
(a) Two justices or judges appointed by the supreme court;
(b) Two members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by the governor.
The commission shall elect a chairman from among its three lay members.
3. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or if it fails to do so the supreme 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.
κ1989 Statutes of Nevada, Page 2289 (FILE NUMBER 98, SJR 12)κ
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. 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.
And be it further
resolved, That section 3 of article 7 of the constitution of the State of Nevada be amended to read as follows:
κ1989 Statutes of Nevada, Page 2290 (FILE NUMBER 98, SJR 12)κ
[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 the Judges of the District Courts shall be removed from Office on the vote of two thirds of the Members elected to each branch of the Legislature, and the Justice or Judge complained of [,] shall be served with a copy of the complaint against him [,] and shall have an opportunity of being heard in person or by counsel in his defense ; [,] Provided, that no member of either branch of the Legislature shall be eligible to fill the vacancy occasioned by such removal.
And be it further
resolved, That section 8 of article 15 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 8. The Legislature shall provide for the speedy publication of all Statute laws of a general nature, and such decisions of the Supreme Court [,] and the Court of Appeals as it may deem expedient; and all laws and judicial decisions shall be free for publication by any person; Provided, that no judgment of the Supreme Court or the Court of Appeals shall take effect and be operative until the Opinion of the Court in such case shall be filed with the Clerk of said Court.
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Assembly Concurrent Resolution No. 51Assemblymen Humke, Myrna Williams, Kerns, Regan, Garner, Diamond, Bergevin, Banner, Carpenter, Callister, Wisdom, Adler, McGinness, Triggs, Marvel, Bogaert, Nevin, Thompson, DuBois, Evans, Porter, Chowning, Wendell Williams, Arberry, Swain, Kissam, Fay, Freeman, Spinello, Price, McGaughey, Dini, Brookman, Gibbons, Schofield, Spriggs, Sader, Sheerin, Jeffrey, Gaston and Lambert
FILE NUMBER 99
ASSEMBLY CONCURRENT RESOLUTIONCongratulating Dr. Steven P. Shearing on being selected as Nevada Inventor of the Year for 1989 and being inducted into the Nevada Inventors Hall of Fame.
whereas, It is with appreciation and respect that the members of the Nevada Legislature recognize and honor Dr. Steven P. Shearing as the 1989 Nevada Inventor of the Year on behalf of the Nevada Innovation, Technology and Entrepreneur Council; and
whereas, Innovation and technology are of utmost importance to this state in stimulating economic growth, encouraging economic diversification and increasing employment within Nevada; and
whereas, Dr. Shearing has been a resident of Las Vegas for over 20 years and is currently the medical director of the Shearing Eye Institute in Las Vegas; and
κ1989 Statutes of Nevada, Page 2291 (FILE NUMBER 99, ACR 51)κ
whereas, Dr. Shearing has contributed to the science and practice of eye surgery through his development and commercialization of the first compressible posterior chamber intraocular lens, a development which has revolutionized cataract surgery; and
whereas, This development allows the replacement of the natural eye lens after cataracts are formed with an intraocular lens and is currently used in more than 1 million cases of cataract surgery each year; and
whereas, Dr. Shearing has taught his lens implantation technique, which is done on an outpatient basis, not only in the United States, but also in the Far East, Europe and Latin America; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the 65th session of the Nevada Legislature hereby congratulate Dr. Steven P. Shearing on being selected as the 1989 Nevada Inventor of the Year and also for being inducted into the Nevada Inventors Hall of Fame; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Dr. Steven P. Shearing.
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Senate Concurrent Resolution No. 43Senators Neal, Malone, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Mello, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 100
SENATE CONCURRENT RESOLUTIONCommending Economic Opportunity Board of Clark County and Community Services Agency of Washoe County.
whereas, It has been 25 years since this nation declared unconditional war on poverty through the enactment of the Economic Opportunity Act, signed into law on August 20, 1964; and
whereas, The purpose of this legislation was to eliminate the paradox of poverty in the midst of plenty in this nation; and
whereas, The incorporated agencies now known as the Economic Opportunity Board of Clark County and the Community Services Agency of Washoe County have continued to lead the struggle against poverty for 25 years, helping poor people overcome unemployment, hunger, homelessness and lack of access to such remedial and vital services as health care, education and transportation; and
whereas, The Economic Opportunity Board of Clark County and the Community Services Agency of Washoe County have made invaluable contributions to the State of Nevada by developing innovative and cost-effective programs which have helped thousands of poor residents find their way out of poverty; and
whereas, The paradox of poverty in the midst of plenty continues today and our state must continue to wage war on poverty in order to uphold its commitment to the least fortunate among us, including our children, elderly, working poor and other disadvantaged groups; now, therefore, be it
κ1989 Statutes of Nevada, Page 2292 (FILE NUMBER 100, SCR 43)κ
commitment to the least fortunate among us, including our children, elderly, working poor and other disadvantaged groups; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature commend and rededicate the Economic Opportunity Board of Clark County and the Community Services Agency of Washoe County to the leadership role in advancing the struggle of the war on poverty in this state; and be it further
resolved, That copies of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to the Economic Opportunity Board of Clark County and the Community Services Agency of Washoe County.
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Assembly Concurrent Resolution No. 40Committee on Ways and Means
FILE NUMBER 101
ASSEMBLY CONCURRENT RESOLUTIONApproving the execution of a lease of certain state land to the owner of adjoining property.
whereas, NRS 322.007 requires approval by the Legislature or the Interim Finance Committee of any lease of state land whose term exceeds 1 year; and
whereas, The state holds a small parcel of land in Carson City at the corner of Fairview Drive and Edmonds Drive that does not adjoin other land held by the state; and
whereas, The Division of State Lands has reached tentative agreement with Alex Bernhard, the owner of adjoining property who wishes to lease the parcel of land held by the state; and
whereas, Leasing the land will make it productive and bring revenue to the state; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Legislature approves the leasing of the parcel of land consisting of .282 acres, more or less, in the NE 1/4 of Section 21, Township 15 North, Range 20 East, M.D.B. & M., in Carson City at the corner of Fairview Drive and Edmonds Drive to Alex Bernhard, for a term of 20 years, upon conditions set forth in the proposed lease for a rental fee of $450 per year for the first 5 years and adjusted according to market value for each 5-year period thereafter; and be it further
resolved, That a copy of the proposed lease be kept in the Fiscal Analysis Division of the Legislative Counsel Bureau as an open record for the information of the Legislature.
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κ1989 Statutes of Nevada, Page 2293κ
Assembly Joint Resolution No. 25Assemblymen Dini, Evans, Swain, Adler, Porter, Chowning, Banner, Arberry, Spinello, DuBois, Gaston, Sader, Callister, Triggs, Wendell Williams, Kissam, Bogaert, Carpenter, Wisdom, McGinness, Diamond, Freeman, Kerns, Fay, Marvel, Nevin, Bergevin, Brookman, Gibbons, Lambert, Myrna Williams, Sheerin, Schofield, Garner, McGaughey, Sedway, Price, Regan, Thompson, Jeffrey and Humke
FILE NUMBER 102
ASSEMBLY JOINT RESOLUTIONUrging Congress not to reduce payments to Medicare providers below the current level and to reconsider the differing rates of reimbursement.
whereas, The Medicare program is an integral part of our nations Social Security system; and
whereas, The Medicare program has been the target of inequitable budget reductions for each year since fiscal year 1982, resulting in the loss of money with which to provide health care to Nevadas Medicare recipients; an
whereas, Nevadas elderly population is projected to grow dramatically by the year 2000; and
whereas, The rate of reimbursement for care provided in rural hospitals is significantly less than the rate used to reimburse urban hospitals; and
whereas, This difference in reimbursement is adding greatly to the financial pressures which are causing many rural hospitals to close their doors; and
whereas, Further budget reductions are being contemplated by Congress that threaten the financial viability, quality and availability of Medicare providers in Nevada; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the members of the Nevada Legislature urge Congress not to reduce payments to Medicare providers below the current level for fiscal year 1990, to enable the Medicare program to meet the necessary costs of providing elderly Nevadans with continued access to high quality health care; and be it further
resolved, That the members of the Nevada Legislature urge Congress to reconsider the use of differing rates for reimbursement of Medicare providers; and be further
resolved, That copies of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and to each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
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κ1989 Statutes of Nevada, Page 2294κ
Senate Concurrent Resolution No. 45Senators Raggio, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 103
SENATE CONCURRENT RESOLUTIONDesignating the week of June 1 as Polio Awareness Week in Nevada.
whereas, There are an estimated 300,000 polio survivors in the United States today, 65,000 to 70,000 of whom may experience polios late effects; and
whereas, Knowledge about the late effects of polio is slowly spreading to the health care community and to the general public; and
whereas, Polio is still endemic and epidemic in the Third World and remains a threat to unimmunized travelers; and
whereas, The International Polio Network, in an effort to call attention to the problem of polio and its late effects and to provide the public with accurate information on the disease, will bring national and international experts on post-polio problems together in St. Louis from May 31 to June 4, 1989, for the Fifth International Polio and Independent Living Conference; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the week of June 1 to June 7, 1989, is hereby designated as Polio Awareness Week in conjunction with the National Polio Awareness Week as resolved by the United States Congress; and be it further
resolved, That the Nevada Legislature commends the work of the International Polio Network and local support groups and urges residents of Nevada to observe this week with appropriate ceremonies and activities; and be it further
resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to David J. Kelley, Director of the Lake Tahoe/Northern Nevada Polio Survivors Network.
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κ1989 Statutes of Nevada, Page 2295κ
Assembly Joint Resolution No. 28Assemblymen Price, Brookman, Evans, Swain, Myrna Williams, Lambert, Freeman, Chowning, Diamond, Spriggs, Wisdom, Bogaert, Marvel, Callister, Spinello, Adler, Porter, Kerns, Sheerin, Banner, Arberry, Nevin, McGaughey, DuBois, Jeffrey, Sedway, Bergevin, Dini, Humke, Fay, Garner, Schofield, Kissam, Regan, Carpenter, Sader, Wendell Williams, Gibbons, McGinness, Triggs, Gaston and Thompson
FILE NUMBER 104
ASSEMBLY JOINT RESOLUTIONProposing to repeal article XVIII of the constitution of the State of Nevada which prohibits withholding the rights of suffrage and officeholding from any male citizen of the United States by reason of his color or previous condition of servitude.
resolved by the assembly and senate of the state of nevada, jointly, That article XVIII of the constitution of the State of Nevada be repealed.
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Senate Resolution No. 11Senators Jacobsen, Beyer, Coffin, Getto, Hickey, Horn, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 105
SENATE RESOLUTIONMemorializing the late Victor Goodwin, a conservationist, historian and forester.
whereas, The members of this body were deeply saddened by the death of Victor O. Goodwin; and
whereas, Mr. Goodwin assisted the State of Nevada in the formation of the Nevada Division of Forestry; and
whereas, Mr. Goodwins assistance in developing early state forestry policies and programs was instrumental in conservation practices and fire protection programs in Nevada; and
whereas, Mr. Goodwin was a District Ranger on the Carson District of the Toiyabe National Forest serving the nation and the state with 37 1/2 years of service with the United States Forest Service; and
whereas, Mr. Goodwin helped to develop and served on the State Forestry and Woodland Committee, serving as Chairman from 1973 through 1988, and was a pioneer in developing volunteer fire department wildland training in Nevada; and
whereas, Mr. Goodwins work on studies of the Humboldt River Basin and the Central Lahontan Basin are used as the basis for future planning for water use in those regions of our state; and
κ1989 Statutes of Nevada, Page 2296 (FILE NUMBER 105, SR 11)κ
whereas, Mr. Goodwin demonstrated his dedication to country, state and community through endeavors such as the First Presbyterian Church in Carson City, the Elko and Carson City Rotary Club, the Carson City Historic Commission, the Masonic Lodge and the 4-H Forestry Club; and
whereas, Mr. Goodwin was recognized in the West and throughout the United States as an outstanding conservationist and historian and authored the history of the Winters family of Washoe Valley; and
whereas, Mr. Goodwin taught history at Western Nevada Community College and was known for his grammatical expertise; and
whereas, Mrs. Rosalie Goodwin, his loving and devoted wife, has also served our state as a school teacher, teaching at the Stewart Indian School from 1951 to 1960 and again from 1966 to 1978, when she retired; now, therefore, be it
resolved by the senate of the state of nevada, That Victor O. Goodwin be remembered as a pioneer in Forestry and Conservation in the State of Nevada; and be it further
resolved, That members of this legislative body express their deepest sympathies and extend their sincere condolences to Mr. Goodwins wife and family; and be it further
resolved, That a copy of this resolution be prepared and transmitted by the Secretary of the Senate to Rosalie Goodwin.
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Assembly Concurrent Resolution No. 59Assemblymen Bogaert, Dini, Adler, Arberry, Myrna Williams, Nevin, Spinello, Lambert, Marvel, Fay, Callister, Wisdom, McGinness, Carpenter, Gaston, Thompson, Garner, Kissam, Price, Regan, McGaughey, Gibbons, Chowning, Jeffrey, Humke, Freeman, Wendell Williams, Kerns, Bergevin, Triggs, Spriggs, Diamond, Swain, Schofield, DuBois, Sader, Porter, Brookman, Sheerin and Evans
FILE NUMBER 106
ASSEMBLY CONCURRENT RESOLUTIONDesignating May 19, 1989, as National Employee Health and Fitness Day.
whereas, The National Association of Governors Councils on Physical Fitness and Sports has proclaimed Friday, May 19, 1989, as the first annual National Employee Health and Fitness Day; and
whereas, National Employee Health and Physical Fitness Day is designed for workers in all 50 states to participate in activities promoting exercise and fitness on the job; and
whereas, More than 1 million American workers call in sick each day and in 1989 health benefits will cost businesses at least $175 billion; and
whereas, Experts say that exercise is the single most effective means to help employees establish health, combat creeping obesity and hypertension, reduce absenteeism and increase productivity; and
κ1989 Statutes of Nevada, Page 2297 (FILE NUMBER 106, ACR 59)κ
whereas, May 19, 1989, has been designated National Employee Health and Fitness Day to encourage all employees and companies to take a serious look at initiating long-term fitness and recreational programs; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the Nevada Legislature hereby designate Friday, May 19, 1989, as National Employee Health and Fitness Day; and be it further
resolved, That all Nevadans are encouraged to take an active role in practicing better health and fitness from this day forward.
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Assembly Resolution No. 15Committee on Legislative Functions
FILE NUMBER 107
ASSEMBLY RESOLUTIONProviding for the appointment of additional attaches.
resolved by the assembly of the state of nevada, That Rebecca Bellon, Kimberly Fry and Jennifer Smith are elected as additional attaches of the Assembly for the 65th session of the Legislature of the State of Nevada.
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Senate Joint Resolution No. 14Senator Raggio
FILE NUMBER 108
SENATE JOINT RESOLUTIONProposing to amend section 14 of article 5 of the Nevada constitution to remove the justices of the supreme court from the state board of pardons commissioners and to require the legislature to designate five persons, not including any judicial officer, to serve on the board.
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. 1. The governor, [justices of the supreme court, and] attorney general [,] and five other persons designated by law for such terms as the legislature shall prescribe, 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,] 3, 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. No justice of the supreme court, district judge or other judicial officer may be designated pursuant to subsection 1.
κ1989 Statutes of Nevada, Page 2298 (FILE NUMBER 108, SJR 14)κ
3. 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.] 4. 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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Assembly Concurrent Resolution No. 64Assemblymen Brookman, Fay, Dini, Sheerin, Carpenter, Evans, Myrna Williams, Wisdom, Swain, Spriggs, Wendell Williams, Kissam, Schofield, McGaughey, Thompson, Bergevin, Porter, Kerns, Regan, Garner, Humke, Price, Callister, Nevin, Triggs, Jeffrey, Spinello, Sader, McGinness, Lambert, DuBois, Bogaert, Marvel, Gibbons, Chowning, Gaston, Freeman, Diamond, Adler, Arberry and Banner
FILE NUMBER 109
ASSEMBLY CONCURRENT RESOLUTIONCommending the Las Vegas Gold Swim Team.
whereas, The Las Vegas Gold Swim Team was established in 1985 by Dick H. Carson who wanted to develop a competitive swimming program for the youth of Las Vegas that would include competition at different levels of ability, from novice to Olympian; and
whereas, The Las Vegas Gold Swim Team has won three consecutive state championships and with over 180 active members, they are represented by nationally recognized swimmers Heather Caldwell, Derick Carson, Andrea Clark, Katy Lukens, Tyler Mayfield, Peter Merwick, Brian Schubert, Maurice Stewart and Becky Tapper; and
whereas, Recently, under the leadership of Mr. Carson and the guidance of Head Coach David Marsh, the Gold placed sixth out of 140 teams in the mens division at the Senior National Championships held in Chapel Hill, North Carolina, and the team placed second overall out of 200 teams in the Western Junior National Championships; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the Nevada Legislature commend and congratulate the Las Vegas Gold Swim Team on their successes statewide and nationally; and be it further
resolved, That Dick Carson, David Marsh and the staff of the Las Vegas Gold Swim Team are commended for the effort they have expended to help these young swimmers grow and develop both physically and mentally; and be it further
resolved, That a copy of this resolution be prepared and transmitted to Dick H. Carson, founder and President of the Las Vegas Gold Swim Team.
________
κ1989 Statutes of Nevada, Page 2299κ
Senate Concurrent Resolution No. 50Senators Wagner, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend and Vergiels
FILE NUMBER 110
SENATE CONCURRENT RESOLUTIONRecognizing May 25 as National Missing Childrens Day.
whereas, More than 1,000,000 children are reported missing in the United States each year and between 20,000 and 50,000 of those remain missing for more than 1 year; and
whereas, There are currently 502 children missing in the State of Nevada; and
whereas, In 1985, the Nevada Missing Childrens Clearinghouse was created as a division of the Attorney Generals Office, to work with law enforcement agencies across the state and nation in an effort to locate missing children and reunite them with their families; and
whereas, In a nationwide effort to promote public awareness regarding child abductions, May 25 has been designated as National Missing Childrens Day; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That Thursday, May 25, 1989, is recognized as National Missing Childrens Day; and be it further
resolved, That on this day, parents throughout Nevada are urged to be aware of the potential threat of child abduction and to emphasize to their children the importance of knowing their full names, addresses and telephone numbers, and of avoiding situations that can lead to abduction.
________
Senate Concurrent Resolution No. 51Senators Getto, Beyer, Coffin, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 111
SENATE CONCURRENT RESOLUTIONMemorializing former legislator Harvey R. Humphrey.
whereas, The Legislature of the State of Nevada notes with sorrow and regret the death of Harvey R. Humphrey on August 21, 1986; and
whereas, Harvey Humphrey was a lifelong Nevadan born in Carson City on October 17, 1905; and
whereas, Harvey Humphrey spent his early childhood in the Nye County mining town, Manhattan, and graduated from high school in Tonopah; and
whereas, Harvey Humphrey spend most of his adult life in the town of Silver Peak in Esmeralda County; and
κ1989 Statutes of Nevada, Page 2300 (FILE NUMBER 111, SCR 51)κ
whereas, Harvey Humphrey served 9 years as a legislator, representing Esmeralda County, first as an Assemblyman from 1958 through 1962, and then as a Senator from 1963 through 1966; and
whereas, Harvey Humphrey was involved in ranching and mining throughout most of his life and as an Assemblyman he served as the Chairman on the Assembly Committee on Mines and Mining during the legislative sessions of 1959, 1960 and 1961; and
whereas, Harvey Humphrey was active in community and county affairs, and was a member of the Tonopah Lodge No. 28, Free and Accepted Masons in Tonopah, and in 1985 he was awarded a 50-year membership pin; and
whereas, Harvey R. Humphrey will be remembered with highest regard by all Nevadans who were fortunate enough to have known and worked with him over the years; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature offer their sincere condolences to Mr. Humphreys daughter, Mrs. Sue Thompson, and grandsons, David and Chris Thompson, all of Irvine, California, and to his sisters, Helen Corda of Salinas, California, and Mildred Cornell of Gabbs, Nevada; and be it further
resolved, That a copy of this resolution be prepared and transmitted by the Secretary of the Senate to Mr. Humphreys daughter, Mrs. Sue Thompson.
________
Assembly Concurrent Resolution No. 45Assemblymen Schofield, Dini, Bergevin, Gaston, Jeffrey, Garner, Myrna Williams, Regan, Marvel, Spriggs, Freeman, Diamond, Sader, Adler, McGinness, Triggs and Carpenter
FILE NUMBER 112
ASSEMBLY CONCURRENT RESOLUTIONEncouraging the purchase and sale of local agricultural and dairy products.
whereas, Many agricultural and dairy products of high quality are produced on the 8,900,000 acres of farming and grazing land in the State of Nevada; and
whereas, These products consist of cattle, sheep, lambs, hogs and other livestock, wheat, alfalfa, barley, corn, potatoes, melons and other crops, and honey, wool, eggs, milk, cheese and other products; and
whereas, The Agriculture Council of Nevada seeks to promote the sale and distribution of Nevadas abundant and diverse agricultural products; and
whereas, For several years ranchers, farmers, dairymen and processors in this state have experienced continually increasing costs of production and recently have suffered decreases in cash receipts and a sharp drop in net income from farming, ranching, dairying and processing; and
κ1989 Statutes of Nevada, Page 2301 (FILE NUMBER 112, ACR 45)κ
whereas, The recent, severe drought has added to the costs of feed and seed and has caused additional financial burden to be borne by ranchers, farmers, dairymen and processors; and
whereas, Purchasers in this state could greatly benefit the agricultural economy of this state by obtaining agriculture and dairy products from sources within this state, to the extent that their needs can be met by these products; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That domestic and foreign institutions, wholesalers and retailers doing business in this state are encouraged to purchase and sell agricultural and dairy products which are grown, produced, packed, processed or raised in the State of Nevada; and be it further
resolved, That wholesalers and retailers are encouraged to give fair and equal exposure to these agricultural and dairy products through advertising, promotion and the allocation of bin, counter, freezer and shelf space within their establishments; and be it further
resolved, That each regulatory agency of this state having the appropriate powers is directed to foster the purchase and use of agricultural and dairy products grown, produced, packed, processed or raised in this state; and be it further
resolved, That the executive director of the state department of agriculture is directed to distribute a copy of this resolution to the wholesalers, retailers, schools and other institutions in this state who sell, distribute or consume agricultural and dairy products; and be it further
resolved, That a copy of this resolution be prepared and distributed forthwith by the Chief Clerk of the Assembly to the executive director of the state department of agriculture and to each regulatory agency of this state which is able to assist in carrying out the purposes of this resolution.
________
Senate Joint Resolution No. 15Senators Joerg, OConnell, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Malone, Mello, Neal, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 113
SENATE JOINT RESOLUTIONUrging Congress to pass legislation prohibiting each state from imposing an income tax on the pension income of any person who is not a resident of that state.
whereas, Nevada is one of the fastest growing states in the union; and
whereas, The continuous influx of people in this state promotes a growing, healthy and diversified economy; and
whereas, Many of the people who migrate to this state are retired and live on limited and fixed incomes; and
κ1989 Statutes of Nevada, Page 2302 (FILE NUMBER 113, SJR 15)κ
whereas, Many of these people retire to Nevada with the expectation of being exempt from any state income tax and have planned their finances accordingly; and
whereas, For many of these people their pension income and the income earned from savings and other investments are barely enough to pay their expenses and offset inflation; and
whereas, Other states have enacted legislation that authorizes the imposition of an income tax on pension income that originates in those states, even if the person who earns the income resides in another state; and
whereas, As a result, many of the people who have retired to Nevada are required to pay income tax on their pension income; and
whereas, These laws have placed an unexpected and oftentimes insurmountable financial burden on many of these people; and
whereas, S. 434 and H.R. 1227 of the 101st Congress, 1st Session (1989), would prohibit each state from imposing an income tax on the pension income of any person who is not a resident of that state; now, therefore, be it
resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature urges the Congress of the United States to pass S. 434 and H.R. 1227 of the 101st Congress, 1st Session (1989); and be it further
resolved, That copies of this resolution be prepared and transmitted by the Secretary of the Senate to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and to each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
Assembly Concurrent Resolution No. 66Assemblymen Brookman, Dini, Freeman, Thompson, Wendell Williams, Jeffrey, Wisdom, Kissam, Gaston, Banner, Sheerin, Regan, Garner, Diamond, Gibbons, Schofield, Adler, McGaughey, Bergevin, Nevin, Lambert, McGinness, Fay, Kerns, Sader, Myrna Williams, Porter, Callister, Arberry, Spinello, Bogaert, Spriggs, Carpenter, Chowning, Evans, Swain, Triggs, DuBois, Humke, Marvel and Price
FILE NUMBER 114
ASSEMBLY CONCURRENT RESOLUTIONCommending the UNLV Runnin Rebels for an outstanding basketball season.
whereas, The Runnin Rebels of the University of Nevada, Las Vegas, were the Big West Conference champions for 1988-1989, with a season record of 29 wins and 8 losses; and
κ1989 Statutes of Nevada, Page 2303 (FILE NUMBER 114, ACR 66)κ
whereas, This season was the seventh consecutive season the Runnin Rebels have won the Big West Conference, formerly the Pacific Coast Athletic Association; and
whereas, In 1989, the UNLV Runnin Rebels advanced to the Sweet Sixteen in the National Collegiate Athletic Association basketball tournament; and
whereas, In the 1989 NCAA basketball tournament, UNLV beat the University of Arizona, then ranked as the No. 1 team in the nation; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature commends the members of the Runnin Rebels team which includes George Ackles, Greg Anthony, Stacey Augmon (1988-1989 All American and Big West Conference Player-of-the-Year), David Butler (1988-1989 All American), Stacey Cvijanovich, Bryan Emerzian, Anderson Hunt, Chris Jeter, James Jones, Clint Rossum, Moses Scurry and Barry Young, Assistant Coaches Tim Grgurich, Ron Gangulin, Howie Land and Keith Starr, and especially Head Coach Jerry Tarkanian; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to each member of the team, its coach and its assistant coaches.
________
Assembly Concurrent Resolution No. 67Assemblymen Brookman, Dini, Freeman, Thompson, Wendell Williams, Jeffrey, Wisdom, Kissam, Gaston, Banner, Sheerin, Regan, Garner, Diamond, Gibbons, Schofield, Adler, McGaughey, Bergevin, Nevin, Lambert, McGinness, Fay, Kerns, Sader, Myrna Williams, Porter, Callister, Arberry, Spinello, Bogaert, Spriggs, Carpenter, Chowning, Evans, Swain, Triggs, DuBois, Humke, Marvel and Price
FILE NUMBER 115
ASSEMBLY CONCURRENT RESOLUTIONCommending the mens baseball team of the University of Nevada, Las Vegas.
whereas, The mens baseball team, known as the Hustlin Rebels, from the University of Nevada, Las Vegas, had a season record of 40 wins and only 22 losses in 1988; and
whereas, The 1988 season was the teams 11th consecutive winning year; and
whereas, In 1988, the Hustlin Rebels advanced to the National Collegiate Athletic Associations West II regional playoff at Tempe, Arizona; and
whereas, The 1988 season was Coach Fred Dallimores 15th year as head baseball coach at UNLV and under his superb coaching, the team has a 59 percent winning record; now, therefore, be it
κ1989 Statutes of Nevada, Page 2304 (FILE NUMBER 115, ACR 67)κ
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature congratulates the 1988 Hustlin Rebels and commends the members of the 1989 team including Bob Ayrault, Jim Barbeau, David Baxter, Scot Brown, Joe Bellezzo, David Carter, Scott Childress, Gary Forrester, Chance Gledhill, Sean Johnson, Stacey Kruse, Layne Lambert, Marty Lequerica, Scott Lewis, Dave Longoni, James Martin, Donovan Osborne, Joe Sawala, Larry Simms, Jon Sims, Dave Sturdivant and Ted Williams, Head Coach Fred Dallimore and Assistant Coaches Frank DeSantis, Kurt Mattson, Rod Soesbe and Gary White; and be it further
resolved, That a copy of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to each member of the 1989 team, the head coach and the assistant coaches.
________
Assembly Concurrent Resolution No. 68Assemblymen Brookman, Dini, Freeman, Thompson, Wendell Williams, Jeffrey, Wisdom, Kissam, Gaston, Banner, Sheerin, Regan, Garner, Diamond, Gibbons, Schofield, Adler, McGaughey, Bergevin, Nevin, Lambert, McGinness, Fay, Kerns, Sader, Myrna Williams, Porter, Callister, Arberry, Spinello, Bogaert, Spriggs, Carpenter, Chowning, Evans, Swain, Triggs, DuBois, Humke, Marvel and Price
FILE NUMBER 116
ASSEMBLY CONCURRENT RESOLUTIONCommending the womens basketball team of the University of Nevada, Las Vegas.
whereas, In the 15th season of womens basketball at the University of Nevada, Las Vegas, the Lady Rebels finished the season with a record of 27 wins and 7 losses; and
whereas, This marks the seventh consecutive season that the Lady Rebels have won at least 20 games; and
whereas, The Lady Rebels finished second in the Big West Conference with a record of 13 wins and 5 losses; and
whereas, In the National Collegiate Athletic Associations basketball tournament, the 1989 Lady Rebels, defeated the University of Utah and the University of Colorado at the West Regional in Austin, Texas; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature hereby commends the 1988-1989 Lady Rebels from the University of Nevada, Las Vegas, which includes team members, DeNise Ballenger, Lori Brotherson, Kim Crawford, Mandy Hannah, Geannine Jordan, Pauline Jordan, Vicki Lander, Tammy Moore, Merlelynn Lange, Sherri Netzel, Shelly Ray and Linda Staley, Head Coach Jim Bolla and Assistant Coaches Rick Glenn, Rochelle Oliver and Julie Sullivan; and be it further
κ1989 Statutes of Nevada, Page 2305 (FILE NUMBER 116, ACR 68)κ
resolved, That copies of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to the members of the Lady Rebels, the head coach and the assistant coaches.
________
Senate Concurrent Resolution No. 53Senators Getto, Beyer, Coffin, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 117
SENATE CONCURRENT RESOLUTIONMemorializing former Assemblyman Eric Palludan.
whereas, The members of the Nevada Legislature sadly note the death of Fallon pioneer, Eric Palludan; and
whereas, Mr. Palludan was born in Horsens, Denmark, on August 10, 1897; and
whereas, Mr. Palludan came to the United States in 1920, and lived in the Fallon area from 1922 until his death on June 20, 1984; and
whereas, Mr. Palludan farmed in the Fallon area for 25 years, and he was the founder of Palludans Hardware Store which he also operated for many years; and
whereas, Mr. Palludan represented Churchill County in the Nevada Assembly during the 1953, 1957, 1961, 1963 and 1965 legislative sessions and also during the 1954, 1964, 1965 and 1966 special legislative sessions; and
whereas, While serving as an Assemblyman, Mr. Palludan was Chairman of the Social Welfare Committee in 1953, Chairman of the State Publicity and Economic Development Committee in 1957, Chairman of the Military and Indian Affairs Committee in 1961, Chairman of the Committee on Elections in 1963 and Chairman of the Committee on Building and Construction in 1965; and
whereas, Mr. Palludan was deeply involved in helping his community and throughout the years he was a charter member of the Fallon Kiwanis Club, and had served as a District Governor, he was a charter member of the Benevolent and Protective Order of Elks of Fallon, he had been a member of the Churchill Lodge of Free and Accepted Masons of Fallon, and he was a member in the Navy League; and
whereas, The father of three children, Mr. Palludan and his wife Hannah, who passed away in April of 1988, were extremely proud of their son Chris of Fallon, daughters Janice Sargent of Danville, California, and Helen Dalbey of Scottsbluff, Nebraska, along with their eight grandchildren and five great grandchildren; and
whereas, Mr. Palludan is also survived by a sister, Lis Ibsen of Sunnyvale, California; now, therefore, be it
κ1989 Statutes of Nevada, Page 2306 (FILE NUMBER 117, SCR 53)κ
resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature express their condolences to the family of Eric Palludan; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to Mr. Palludans children, Chris Palludan, Janice Sargent and Helen Dalbey.
________
Assembly Resolution No. 16Legislative Functions
FILE NUMBER 118
ASSEMBLY RESOLUTIONProviding for the appointment of an additional attache.
resolved by the assembly of the state of nevada, That Melissa G. Carel is elected as an additional attache of the Assembly for the 65th session of the Legislature of the State of Nevada.
________
Assembly Concurrent Resolution No. 63Assemblymen Dini, Brookman, Callister, Marvel, Sheerin, Carpenter, Gaston, Swain, Spriggs, Triggs, Arberry, Kissam, Thompson, Garner, McGaughey, Kerns, Freeman, Wendell Williams, Lambert, Bogaert, Wisdom, Jeffrey, Gibbons, Chowning, Bergevin, Schofield, Regan, Myrna Williams, McGinness, Diamond, Fay, Evans, Adler, Humke, DuBois, Spinello, Porter, Sader, Nevin, Banner and Price
FILE NUMBER 119
ASSEMBLY CONCURRENT RESOLUTIONMemorializing former Assemblyman Richard J. Ronzone.
whereas, The members of the Legislature of the State of Nevada note with profound sorrow the recent death of Richard J. Dick Ronzone; and
whereas, Richard J. Ronzone was a native Nevadan, born October 7, 1917, in Manhattan, Nevada; and
whereas, When Richard Ronzone was 12, his family moved to Las Vegas where Mr. Ronzone lived for 59 years; and
whereas, For 5 years beginning in 1941, Richard Ronzone served with the Nevada National Guard, and during World War II he was with an anti-aircraft battalion in Europe; and
whereas, Mr. Ronzones mother founded one of the first department stores in Las Vegas, Ronzones Department Store, now named Dillards Department Store, and Mr. Ronzone was the President and General Manager until it was sold in 1970; and
whereas, Richard Ronzone was elected to the Assembly in 1970, serving in the Legislature in 1971, then was elected Clark County Commissioner and served in that capacity from 1972 to 1984; and
κ1989 Statutes of Nevada, Page 2307 (FILE NUMBER 119, ACR 63)κ
whereas, As Clark County Commissioner, Richard Ronzone was involved in the planning of the McCarran International Airport, the Clark County Detention Center and the water district; and
whereas, Richard Ronzone was one of the major forces behind securing the necessary federal money to build the second stage of the Southern Nevada Water System, without which the valleys water resources would have been exhausted long ago; and
whereas, Mr. Ronzone served on the university Board of Regents and was one of six people who donated money to purchase 36 acres of land on which the first buildings of the University of Nevada, Las Vegas, were constructed; and
whereas, Mr. Ronzone was active in the community and served as past President of the Las Vegas Greater Chamber of Commerce and past President of the Nevada Retail Association, he was a member of the Elks, V.F.W., American Legion, Rotary, Lambda Chi Alpha and the Las Vegas School Board and was a founding board member of the Frontier Savings Association; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of this Legislature hereby extend their heartfelt condolences to Mr. Ronzones wife of 42 years, Ann, and his children Philip Edmond of Las Vegas and Rosalie Jan Schmid of Woodlawn, California, his sister Esther Recanzone of Yerington, his grandson and his three granddaughters; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Ann Ronzone.
________
Senate Concurrent Resolution No. 54Senators ODonnell, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 120
SENATE CONCURRENT RESOLUTIONUrging America West Airlines to provide affordable, efficient and economical air transportation between Reno and Las Vegas.
whereas, Affordable, efficient and economical air transportation between Reno and Las Vegas is a vital ingredient in the conduct of the affairs of government and business in the state and essential to the continued health of the tourism industry in Nevada; and
whereas, Affordable, efficient and economical air transportation between Reno and Las Vegas is necessary for residents of southern Nevada, who are the majority of the population of the state, to have access to their elected representatives in the capitol; and
whereas, Air transportation between Reno and Las Vegas is provided solely by America West Airlines; and
κ1989 Statutes of Nevada, Page 2308 (FILE NUMBER 120, SCR 54)κ
whereas, The cost of air transportation between Reno and Las Vegas has increased significantly over the past 12 months; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Nevada Legislature urges America West Airlines to make every effort to provide affordable, efficient and economical air transportation service between Reno and Las Vegas without taking advantage of anti-competitive market conditions; and be it further
resolved, That a copy of this resolution be prepared and transmitted by the Secretary of the Senate to Edward Beauvais, Chairman and Chief Executive Officer of America West Airlines, the Secretary of the United States Department of Transportation and each member of the Nevada Congressional Delegation.
________
Senate Concurrent Resolution No. 55Senators Titus, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Townsend, Vergiels and Wagner
FILE NUMBER 121
SENATE CONCURRENT RESOLUTIONDesignating March 1, 1990, as Conservation Day.
whereas, The intelligent use of the earths natural resources is essential to ensuring a healthy and prosperous quality of life for present and future generations of Nevadans; and
whereas, Programs for conservation play a vital role in preserving the earths diminishing natural resources and protecting its environment; and
whereas, The success of a program for conservation in Nevada is dependent on the support and participation of the citizens of the state; and
whereas, The participation of the states citizens in programs of conservation can be encouraged by focusing public attention on the need for conservation; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Nevada Legislature hereby designates Thursday, March 1, 1990, as Conservation Day in the State of Nevada.
________
κ1989 Statutes of Nevada, Page 2309κ
Assembly Concurrent Resolution No. 73Assemblymen Schofield, Brookman, Dini, Jeffrey, Nevin, Gaston, Fay, Kerns, Regan, Banner, Carpenter, Sheerin, Chowning, Marvel, Gibbons, Bogaert, Callister, Price, Spinello, Sader, Thompson, Adler, Kissam, Lambert, Arberry, McGinness, Triggs, Humke, Wendell Williams, Freeman, McGaughey, Diamond, DuBois, Bergevin, Garner, Spriggs, Swain, Wisdom, Evans, Myrna Williams and Porter
FILE NUMBER 122
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the late William W. Bill Galloway, former Clark County treasurer.
whereas, The members of the Legislature note with profound sorrow the death of William W. Bill Galloway on January 2, 1989, at the age of 80; and
whereas, Bill Galloway was born in Norton, Kansas, on August 21, 1908, and moved to Las Vegas in 1945 with his wife, Ruth, and his daughter, Billie Lee; and
whereas, Bill Galloway served with distinction as the treasurer of Clark County for 20 years, from his initial election in 1962 until his retirement in 1982, after being reelected four times; and
whereas, Bill Galloway was known to his friends as a very personable man, and was well thought of by all who knew him; and
whereas, During his 20 years as Clark County treasurer, Mr. Galloway oversaw the modernization of that office, and took good care of the countys finances through a period of rapid growth in population; and
whereas, Bill Galloway was a life member of Las Vegas Elks Lodge 1468, serving as treasurer for 24 years and trustee for 5 years, was a charter member of the Zelzah Shrine Temple and was the president of the Las Vegas Shrine Club; and
whereas, Mr. Galloway was also a member of the Civilian Military Council, the Masonic Order No. 44 Free and Accepted Masons and the Scottish Rites Bodies of Las Vegas; and
whereas, Bill Galloway was a leader in the Las Vegas Constables Association, served as president and treasurer of the International Footprinters Association, Chapter 9, and served as a national officer in the County Fiscal Officers Association; and
whereas, W.W. Bill Galloway will long be remembered for his many civic activities and the community services he performed for Las Vegas and Clark County; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of this 65th session of the Nevada Legislature express their deepest sympathy and heartfelt condolences to Bill Galloways wife of 60 years, Ruth, his daughter, Billie Lee Schofield, and son-in-law Assemblyman Jim Schofield of Las Vegas, his brother, Ralph Galloway of Hastings, Nebraska, his two grandsons, Mark and Rick, and their wives, and his five great-grandchildren, all of Las Vegas; and be it further
κ1989 Statutes of Nevada, Page 2310 (FILE NUMBER 122, ACR 73)κ
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Bill Galloways beloved wife, Ruth.
________
Assembly Concurrent Resolution No. 75Assemblymen Dini, Bogaert, McGinness, Marvel, Regan, Kerns, Chowning, Wisdom, Banner, Wendell Williams, Price, Humke, Fay, Gibbons, Gaston, Schofield, Carpenter, Spriggs, Triggs, Swain, Sader, Porter, Diamond, Kissam, Freeman, Nevin, Thompson, Lambert, Adler, Sheerin, McGaughey, Bergevin, Jeffrey, Spinello, DuBois, Garner, Callister, Myrna Williams, Evans, Arberry and Brookman
FILE NUMBER 123
ASSEMBLY CONCURRENT RESOLUTIONDeclaring June 1, 1989, as Nevada Speakers Day.
whereas, The Speaker of the Nevada Assembly is selected by his or her fellow Assemblymen to perform the wide variety of duties specified in Assembly Standing Rule No. 1; and
whereas, These duties include such tasks as:
1. Representing the Assembly, declaring its will and in all things obeying its commands;
2. Signing all bills and resolutions passed by the Legislature as provided by law; and
3. Deciding all questions of order, subject to a members right to appeal to the Assembly;
and
whereas, There currently are nine former Speakers of the Assembly still living, and these gentlemen served this house with distinction for most of the period between 1957 and 1985; and
whereas, Over the years, the Speaker of the Assembly has come from a variety of geographical locations within the state, and these former Speakers represented various parts of Nevada, including Clark, Douglas, Elko, Lander, Lyon and Washoe counties; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature declares June 1, 1989, as Nevada Speakers Day, and commends the Honorable Keith Ashworth, Robert R. Barengo, Byron (Bill) Bilyeu, Chester (Chet) S. Christensen, Melvin D. Close, Jr., Joseph E. Dini, Jr., Lawrence E. Jacobsen, Paul May, Jr., William D. Swackhammer and John M. Vergiels for their services to the people of the State of Nevada as Speakers of the Assembly.
________
κ1989 Statutes of Nevada, Page 2311κ
Senate Resolution No. 12Senators Smith, Beyer, Coffin, Getto, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 124
SENATE RESOLUTIONCommending Sue Marchiano for her accomplishments in competing in worldwide marathons.
whereas, Sue Marchiano was born in Atlantic, Iowa, on November 5, 1954; and
whereas, After graduating from Iowa State University in 1979, she obtained a Masters Degree in exercise physiology at the University of Nevada, Las Vegas; and
whereas, Sue Marchiano taught physical education and coached tennis and track at Boulder City High School from 1981 through 1986; and
whereas, In 1986 Sue Marchiano quit teaching to devote her full time to running and in 1988 she placed 10th in the Olympic Trial Marathon; and
whereas, On April 15, 1989, Sue Marchiano received the gold medal at the World Cup Marathon in Milan, Italy, a feat which was regarded as a major upset within the marathon ranks; and
whereas, She won the 26.2 mile event with an incredible time of 2 hours, 30 minutes and 48 seconds; and
whereas, This year Sue Marchiano plans to race in the Chicago or New York marathon and hopes to become a member of the Olympic Team in 1992; now, therefore, be it
resolved by the senate of the state of nevada, That members of this body commend Sue Marchiano for her extraordinary efforts which have made her one of the top women marathon runners in the world; and be it further
resolved, That a copy of this resolution be prepared and transmitted by the Secretary of the Senate to Sue Marchiano.
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Senate Joint Resolution No. 10Committee on Finance
FILE NUMBER 125
SENATE JOINT RESOLUTIONUrging Congress to refrain from enacting legislation which imposes a tax on the interest earned on state and local bonds and otherwise to respect the sovereignty of the states.
whereas, The Tenth Amendment to the United States Constitution reserves to the states and to the people powers not delegated to the Federal Government; and
whereas, Despite the Tenth Amendment and the United States Supreme Courts prognostication that Congress is disinclined to invade the rights of the individual states, recent Congressional action has expanded the breadth of federal governmental power over the sovereign states; and
κ1989 Statutes of Nevada, Page 2312 (FILE NUMBER 125, SJR 10)κ
whereas, The intrusive actions taken by Congress include: (1) the creation of unfunded mandates and the shift of fiscal responsibility for its policies to the states; (2) the imposition of sweeping conditions upon grants which, except for the Spending Clause, cannot be independently supported by any provision of the Constitution; (3) the increasing interference with state fiscal policy by eliminating the deductibility of state and local taxes, by imposing an alternative minimum tax on supposedly tax-exempt bonds (which increased the cost of providing state and local services) and by otherwise restricting the availability of tax-exempt financing for public purposes; and (4) the increasing derogation of the states to the role of either private parties or administrative arms of the Federal Government; and
whereas, The Supreme Court further expanded the breadth of Congress power to intrude upon the sovereign states in South Carolina v. Baker, 108 S.Ct. 1355 (1988), when it ruled that Congress may tax interest on state and local bonds; and
whereas, Although Congress has acknowledged that tax exemptions for state and local general obligation bonds are a legitimate and important method of ensuring the soundness of the nations infrastructure and the availability of essential services, the South Carolina v. Baker decision and the recent Congressional initiatives suggest that Congress may intrude upon the sovereignty of the states and impose a tax on the interest paid on state and local bonds; now, therefore, be it
resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature urges Congress to respect the fiscal integrity of the state and local governments, to reject the invitation of the Supreme Court to enact legislation which imposes a tax on interest earned on state and local bonds and to resolve this potential intrusion into the sovereignty of the states; and be if further
resolved, That copies of this resolution be prepared and transmitted by the Secretary of the Senate to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and to each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 2313κ
Senate Joint Resolution No. 23Senators Jacobsen, Beyer, Coffin, Getto, Hickey, Horn, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 126
SENATE JOINT RESOLUTIONUrging the California Legislature to enact a law allowing a peace officer of the State of Nevada to retain jurisdiction over a prisoner that he transports into California to receive emergency medical treatment.
whereas, The Douglas County Sheriffs Office frequently has to transport prisoners to Barton Memorial Hospital in South Lake Tahoe, California, to receive emergency medical treatment; and
whereas, The Douglas County Sheriffs Office loses jurisdiction over a prisoner transported into California, necessitating formal extradition procedures; and
whereas, Nevada has enacted NRS 212.210 which provides:
When, pursuant to California law, a California correctional officer has in his custody in Nevada a prisoner of the State of California whom he is transporting from one California correctional facility to another via Nevada, such correctional officer shall have the power to maintain custody of the prisoner in Nevada, and to retake the prisoner if he should escape in Nevada, to the same extent as if such correctional officer were a peace officer appointed under Nevada law and the prisoner had been committed to his custody in proceedings under Nevada law;
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 California Legislature to enact a law similar to NRS 212.210 that would allow a peace officer of the State of Nevada to retain jurisdiction over a prisoner that he transports into California to receive emergency medical treatment; and be it further
resolved, That copies of this resolution be transmitted by the Secretary of the Senate to the Lieutenant Governor of the State of California as President of the Senate of the State of California and to the Speaker of the Assembly of the State of California; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 2314κ
Assembly Resolution No. 17Committee on Legislative Functions
FILE NUMBER 127
ASSEMBLY RESOLUTIONProviding for the appointment of an additional attache.
resolved by the assembly of the state of nevada, That Martha G. Laird is elected as an additional attache of the Assembly for the 65th session of the Legislature of the State of Nevada.
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Assembly Joint Resolution No. 34Committee on Government Affairs
FILE NUMBER 128
ASSEMBLY JOINT RESOLUTIONUrging Congress to pass a Mint Act.
whereas, The State of Nevada is a leading producer of gold and silver in the United States; and
whereas, A United States mint was once located in Carson City, the capital city of the State of Nevada; and
whereas, A Mint Act would reestablish a branch of the mint of the United States in Carson City, Nevada; and
whereas, The passage of a Mint Act would result in a direct economic benefit to the State of Nevada; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature urges the Congress of the United States to support and pass a Mint Act to reestablish a branch of the mint in Carson City; and be it further
resolved, That a copy of this resolution be delivered by the Chief Clerk of the Assembly to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
Assembly Joint Resolution No. 33Committee on Government Affairs
FILE NUMBER 129
ASSEMBLY JOINT RESOLUTIONUrging Congress to pass a Coinage Act.
whereas, In article 1 of the Constitution of the United States, the writers of the Constitution have given Congress the power To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures and have limited the powers of the states to make any Thing but gold and silver Coin a Tender in Payment of Debts; and
κ1989 Statutes of Nevada, Page 2315 (FILE NUMBER 129, AJR 33)κ
whereas, A Coinage Act could authorize the Secretary of the Treasury to mint and issue dollars, half dollars, quarter dollars and dimes in such quantity as he determines to be necessary to meet the needs of the United States; and
whereas, A Coinage Act could prohibit the minting of dimes, quarter dollars and half dollars with an alloy of 75 percent copper and 25 percent nickel; and
whereas, A Coinage Act could authorize the Secretary of the Treasury to mint and issue $50 gold coins, $20 gold coins, $10 gold coins and $5 gold coins in such quantity as he may determine to be necessary to meet the needs of the United States; and
whereas, The mining of gold and silver in Nevada was an important element in the development of the state and continues to be crucial to the economy of the State of Nevada; and
whereas, The passage of a Coinage Act by Congress will result in a direct economic benefit to the State of Nevada and the general public; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature urges the Congress of the United States to support and pass a Coinage Act in accordance with the provisions of this resolution; and be it further
resolved, That a copy of this resolution be delivered by the Chief Clerk of the Assembly to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
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Assembly Concurrent Resolution No. 56Committee on Ways and Means
FILE NUMBER 130
ASSEMBLY CONCURRENT RESOLUTIONAuthorizing the State Public Works Board to use certain federal money for the design of the Combined Support Maintenance Shop in Carson City.
whereas, NRS 341.121 requires the State Public Works Board to receive approval by the Legislature or the Interim Finance Committee for the use of grants of money received under the authority of chapter 341 of NRS for the design and construction of public buildings for which no appropriation has been made by the Legislature; and
whereas, The State Public Works Board has requested the use of federal receipts for the architectural and engineering design phase of the Combined Support Maintenance Shop in Carson City; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Legislature hereby authorizes the State Public Works Board to use $156,064 in federal receipts for the architectural and engineering design phase of the Combined Support Maintenance Shop in Carson City.
κ1989 Statutes of Nevada, Page 2316 (FILE NUMBER 130, ACR 56)κ
Board to use $156,064 in federal receipts for the architectural and engineering design phase of the Combined Support Maintenance Shop in Carson City.
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Assembly Concurrent Resolution No. 78Assemblymen Wendell Williams, Diamond, Brookman, Arberry, Gaston, Chowning, Kissam, Carpenter, Regan, Porter, Schofield, Marvel, Evans, Dini, McGaughey, Callister, Wisdom, Thompson, Garner, Jeffrey, Price, Sader, Adler, Nevin, Fay, Banner, Humke, Lambert, Myrna Williams, Bergevin, Kerns, Freeman, Swain, Sedway, Spinello, Sheerin, Gibbons, Bogaert, DuBois, Spriggs, McGinness and Triggs
FILE NUMBER 131
ASSEMBLY CONCURRENT RESOLUTIONMemorializing Mabel Hoggard, Nevadas first African-American school teacher.
whereas, The members of the Nevada Legislature note with profound sorrow the death on May 31, 1989, of Nevadas first African-American school teacher, Mabel W. Hoggard; and
whereas, Mabel Hoggard was born on March 10, 1905, in Pueblo, Colorado; and
whereas, During Mabel Hoggards childhood she always knew that someday she was going to be a teacher; and
whereas, Mabel Hoggard received her bachelor of science degree from the Bluefield State Teachers College in Bluefield, West Virginia, and continued with postgraduate work at the University of Southern California and the University of Nevada, Las Vegas; and
whereas, In 1946 she became the first African-American teacher hired in Nevada and for the next 24 years she dedicated her life to helping Nevadas children; and
whereas, Mrs. Hoggard received many honors during her lifetime from the Las Vegas community where she lived, including a citation for her dedication to children from the Las Vegas Rotary Club, the Distinguished Service Award for the Clark County Teachers Association in 1968, being named Woman of the Year by several clubs, being honored by the American Red Cross, The NAACP, The Zion Methodist Church and the Wesleyan Service Guild, and being named a Distinguished Nevadan by the University of Nevada, Las Vegas; and
whereas, Mabel W. Hoggard received her most notable honor when the Mabel W. Hoggard Elementary School, now a sixth grade center in Las Vegas, was named after her; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the Nevada Legislature express their heartfelt condolences to the many children who were touched emotionally and intellectually by Mrs. Hoggard in her classroom, and to her husband, David, sons, J.
κ1989 Statutes of Nevada, Page 2317 (FILE NUMBER 131, ACR 78)κ
David Hoggard, Jr. of Las Vegas and Charles I. Wims of Oakland, California, her eight grandchildren and her two great-grandchildren; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Mrs. Hoggards loving husband, David.
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Assembly Concurrent Resolution No. 79Assemblymen Kerns, Dini, Marvel, Humke, DuBois, Swain, Price, Gaston, Myrna Williams, Arberry, Evans, Wisdom, Banner, Carpenter, Chowning, Gibbons, Regan, McGinness, Wendell Williams, Diamond, Spinello, Callister, Porter, Bogaert, Bergevin, Brookman and Schofield
FILE NUMBER 132
ASSEMBLY CONCURRENT RESOLUTIONMemorializing John D. Brooks, long-time Nevada conservationist and Fish and Game Agent.
whereas, The Legislature of the State of Nevada notes with sorrow and regret the death of John D. Brooks on November 26, 1987; and
whereas, John D. Brooks family had resided in the Washoe Valley and Carson Valley Regions since 1858; and
whereas, John Brooks grew up in Reno and attended Southside School, B.D. Billinghurst Junior High and Reno High School; and
whereas, During World War II, John Brooks served as a bombadier in the 13th Army Air Force, flying 42 missions in the South Pacific; and
whereas, John Brooks served 4 1/2 years with the Reno Fire Department before joining the Nevada Fish and Game Commission; and
whereas, John Brooks served the Department of Wildlife from July 16, 1953, until his retirement on August 1, 1983, as Conservation Officer in Boulder City and Reno, District Law Enforcement Officer in Fallon, Conservation Agent at the Verdi Hatchery, and Fish and Game Agent in Spring Creek Rearing Station; and
whereas, Upon his retirement, John Brooks spent his summers working for the Nevada Division of State Parks as a back country Ranger in the Marlette Lake area; and
whereas, John Brooks truly loved Nevada and felt a great responsibility for the care and conservation of its animals and birds, and the lands and waters of Nevada; and
whereas, John D. Brooks will be remembered with highest regard by all Nevadans who were fortunate enough to have known and worked with him over the years; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the Nevada Legislature offer their sincere condolences to Mr. Brooks wife, Jane Stratton Brooks, daughters Jill Campbell and Judy Vaughn, and son John Bruce Brooks; and be it further
κ1989 Statutes of Nevada, Page 2318 (FILE NUMBER 132, ACR 79)κ
resolved, That a copy of this resolution be prepared by the Chief Clerk of the Assembly and transmitted forthwith to Mrs. Jane Stratton Brooks.
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Assembly Concurrent Resolution No. 80Assemblymen Dini, Bogaert, Spinello, McGinness, Marvel, Regan, Kerns, Chowning, Wisdom, Banner, Wendell Williams, Price, Humke, Gaston, Fay, Carpenter, Gibbons, Schofield, Spriggs, Triggs, Swain, Sader, Porter, Jeffrey, Kissam, Thompson, Lambert, Diamond, DuBois, Nevin, Evans, McGaughey, Garner, Freeman, Arberry, Adler, Bergevin, Callister, Brookman and Sheerin
FILE NUMBER 133
ASSEMBLY CONCURRENT RESOLUTIONCongratulating Bertha Scott on her 100th birthday.
whereas, Bertha Scott is a native Nevadan born in Franktown, Washoe Valley, on August 1, 1889; and
whereas, Bertha Scott graduated from the Nevada State Normal School for Teachers in 1910 and taught in the Dayton schools as a substitute teacher until her retirement in 1971; and
whereas, Bertha Scott was married in 1922 to William Scott, and that same year they purchased a home in Dayton, Nevada, where Mrs. Scott continues to reside; and
whereas, Mrs. Scott is a member of the Eastern Star and the Daughters of the Nile; and
whereas, Bertha Scott will be 100 years young on August 1, 1989, and she attributes her long life to good, clean living; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the 65th session of the Nevada Legislature salute Bertha Scott of Dayton for her fortitude and determination to enjoy every day of her life; and be it further
resolved, That Mrs. Bertha Scott is congratulated on having reached the century mark and is extended best wishes in the years to come; and be it further
resolved, That a copy of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to Mrs. Bertha Scott.
________
κ1989 Statutes of Nevada, Page 2319κ
Assembly Joint Resolution No. 38Assemblyman Wendell Williams
FILE NUMBER 134
ASSEMBLY JOINT RESOLUTIONUrging Congress to adopt pending legislation repealing the Medicare Catastrophic Coverage Act of 1988.
whereas, Medicare is a program of health insurance for aged and disabled persons established pursuant to Title XVIII of the Social Security Act (42 U.S.C. §§ 1395 et seq.); and
whereas, Medicare provides many people in this state who live on fixed and limited incomes with essential health insurance coverage; and
whereas, For many of these people their pension income and the income earned from savings and other investments are barely enough to pay their expenses, including premiums for Medicare, and to offset inflation; and
whereas, The Medicare Catastrophic Coverage of 1988 imposes a supplemental premium on an estimated 45 percent of the persons eligible for Medicare to cover the costs of new and increased health insurance benefits; and
whereas, This supplemental premium is $22.50 for each $150 of adjusted federal income tax liability, and will increase to $42 for each $150 of tax liability by 1993; and
whereas, This unexpected financial burden may result in the loss of financial security for many older persons who have prepared themselves financially for retirement without considering the supplemental premium; and
whereas, Legislation has been introduced in Congress (S. 43) that would repeal the Medicare Catastrophic Coverage Act of 1988; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the Legislature of the State of Nevada hereby urges the Congress of the United States to adopt S. 43; and be it further
resolved, That copies of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
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Assembly Resolution No. 18Assemblyman Brookman
FILE NUMBER 135
ASSEMBLY RESOLUTIONMemorializing Willie Young Abe Atell Clar.
whereas, Willie Clar was born of Russian-Jewish immigrant parents on September 28, 1896, in New York City, New York; and
whereas, At a young age, Mr. Clar and his family moved to Colorado where his father homesteaded and was a rabbi at the synagogue in Denver; and
κ1989 Statutes of Nevada, Page 2320 (FILE NUMBER 135, AR 18)κ
whereas, While selling newspapers at the age of 7, Willie Clar was involved in a street fight which was witnessed by the famous Irish boxer Jack McKenna; and
whereas, Willie Clar became friends with Mr. McKennas son Eddie, and the two boys were taught the art of boxing; and
whereas, Although not related to the then featherweight champion of the world, Abe Atell, Mr. Clars style of boxing reminded people of Mr. Atell, so he took the name Young Abe Atell which he fought under for the remainder of his career; and
whereas, In 1915, Willie Clar and Eddie McKenna hopped a train to San Francisco, California, to attend a fight for the lightweight championship of North America; and
whereas, When the challenger failed to appear for the fight, Willie Clar volunteered and won the fight in 21 rounds; and
whereas, Although never a world champion, Mr. Clar retired in 1918, with a record of 300 wins and only 6 losses; and
whereas, Mr. Clar remained active in boxing as a manager, and at one time he managed Max Baer who eventually became heavyweight champion of the world; and
whereas, Willie Clar was one of the founding members of Cauliflower Alley in Los Angeles, California, which is a charitable organization of former boxers, wrestlers and other athletes; and
whereas, Mr. Clar was also a member of the Elks, Masons, Bnai Brth and Odd Fellows, as well as a founding member of the Knesset Israel Temple in Los Angeles; and
whereas, Willie Clar died on March 10, 1989, at the age of 92, and he is survived by his daughter Flora Clar Mock of Los Angeles, niece Mrs. Eileen B. Brookman and two granddaughters; now, therefore, be it
resolved by the assembly of the state of nevada, That the members of this body extend their sincere condolences to their colleague, Mrs. Brookman, and the remaining family of Willie Clar; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Willie Clars daughter, Flora Clar Mock.
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Senate Concurrent Resolution No. 49Committee on Finance
FILE NUMBER 136
SENATE CONCURRENT RESOLUTIONApproving the execution of a grazing lease for certain state land.
whereas, NRS 322.007 requires approval by the Legislature or the Interim Finance Committee of any lease of state land whose term exceeds 1 year; and
κ1989 Statutes of Nevada, Page 2321 (FILE NUMBER 136, SCR 49)κ
whereas, The state holds a parcel of land in Lincoln County, Nevada which the Division of State Lands has reached tentative agreement to lease to Wayne A. Smith; and
whereas, Leasing the land will make it productive and bring revenue to the state; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Legislature approves the leasing of the grazing rights to pastures A, C, D, E, F, G, H, I, J, K and the Hollinger Debris Basin as described in the Soil and Water Conservation Ranch Management Plan for the Division of State Parks 7-L Ranch, Ursine, Nevada, from the period beginning April 15, 1989, to December 31, 1993, upon the terms and conditions set forth in the proposed lease; and be it further
resolved, That a copy of the proposed lease be kept in the Fiscal Analysis Division of the Legislative Counsel Bureau as an open record for the information of the Legislature.
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Assembly Concurrent Resolution No. 81Assemblymen Dini, Nevin, Brookman, Garner, Kerns, Triggs, Gibbons, Wisdom, Jeffrey, Spinello, Diamond, DuBois, Evans, Spriggs, Swain, Carpenter, Sedway, Kissam, Arberry, Regan, Wendell Williams, Gaston, Price, Humke, Fay, Schofield, Bergevin, Freeman, McGinness, McGaughey, Porter, Myrna Williams, Lambert, Thompson, Chowning, Banner, Callister, Marvel, Bogaert, Sader, Sheerin and Adler
FILE NUMBER 137
ASSEMBLY CONCURRENT RESOLUTIONMemorializing the national advocate for the elderly, Claude Pepper.
whereas, This Legislature along with the entire nation mourned the passing of Claude Pepper at age 88 on May 30, 1989; and
whereas, Claude Pepper was born on September 8, 1900, in rural Alabama and lived much of his childhood in poverty; and
whereas, In 1925, Claude Pepper graduated among the top six of his class at Harvard law school; and
whereas, Mr. Pepper devoted his life to public service and as a member of Congress his career spanned 53 years and 10 presidents; and
whereas, Claude Pepper was first elected to Congress as a Senator in 1936 and was instrumental in enacting many of President Franklin Roosevelts New Deal programs; and
whereas, As the oldest member of Congress, Claude Pepper was Chairman of the powerful House Rules Committee; and
whereas, Claude Pepper was responsible for the passage of the Medicare Catastrophic Coverage Act of 1988 and the 1978 law that abolished mandatory retirement in the Federal Government and raised the retirement age generally from 65 to 70 in private industry; and
κ1989 Statutes of Nevada, Page 2322 (FILE NUMBER 137, ACR 81)κ
whereas, With the passing of Claude Pepper, Americans have lost a friend who was an inspiration to those who seek equality for all persons at every age; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the Legislature of the State of Nevada mourn the loss of Claude Pepper and draw courage, strength and insight for the duties of the day by contemplation of his great life and ideals.
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Assembly Joint Resolution No. 30Assemblymen Gibbons, Kerns, Bogaert, Banner, Wisdom, Garner, McGinness, Lambert, Adler, Regan, Fay, Thompson, Jeffrey, Humke, Gaston, Nevin, Price, Marvel, Porter, Myrna Williams, Evans, McGaughey, Swain, Diamond, Carpenter, Chowning and Brookman
FILE NUMBER 138
ASSEMBLY JOINT RESOLUTIONUrging Congress to designate the California National Historic Trail and the Pony Express National Historic Trail as components of the National Trails System.
whereas, The Pony Express faithfully met every obligation of speeding communication between Nevada and the rest of the nation during the 18 months of its existence; and
whereas, The National Pony Express Association has worked diligently to relocate, reestablish and preserve the famous Pony Express Trail which extends to approximately 1,900 miles from St. Joseph, Missouri, to Sacramento, California; and
whereas, The California National Historic Trail is a route of approximately 5,700 miles extending from Independence and St. Joseph, Missouri, and Council Bluffs, Iowa, to various points in California and Oregon; and
whereas, On January 30, 1989, the Secretary of the Interior transmitted the California and Pony Express National Historic Trail Study and Environmental Assessment to the U.S. Senate and House of Representatives with a recommendation that the study routes be authorized as national historic trails; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature considers the California and Pony Express Trails to be an important part of this countrys history and urges Congress to amend the National Trails System Act to designate the California National Historic Trail and the Pony Express National Historic Trail as components of the National Trails System; and be it further
resolved, That the Nevada Legislature urges Congress not to restrict the existing multiple uses of areas near the California National Historic Trail or the Pony Express National Historic Trail for such purposes as recreation, grazing or mining if those areas are included in the National Trails System; and be it further
κ1989 Statutes of Nevada, Page 2323 (FILE NUMBER 138, AJR 30)κ
resolved, That if private lands are to be included in the National Trails System the Nevada Legislature urges Congress to acquire those lands at fair market value with the consent of the owners; and be it further
resolved, That copies of this resolution be transmitted forthwith by the Chief Clerk of the Assembly 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 and each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
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Assembly Joint Resolution No. 32Committee on Government Affairs
FILE NUMBER 139
ASSEMBLY JOINT RESOLUTIONUrging Congress to expedite review by the federal courts of capital cases originating in the state courts.
whereas, The State of Nevada in 1977 revised its statutes authorizing the penalty of death for the offense of murder in the first degree to conform to the United States Supreme Courts interpretation of the Constitution of the United States; and
whereas, This revision of the statutes represented the judgment of the people of Nevada, expressed through their elected representatives, that in certain well-defined cases the penalty of death should be imposed for the offense of murder in the first degree; and
whereas, The State of Nevada has been precluded from imposing the sentence of death in cases decided more than a decade ago against prisoners who have repeatedly sought review in the federal courts; and
whereas, No prisoner has been executed against his will in any of the states within the territorial jurisdiction of the United States Court of Appeals for the Ninth Circuit; and
whereas, The guilt of the persons sentenced to death in the State of Nevada has been established beyond a reasonable doubt; and
whereas, The extended and repetitive judicial proceedings that have been responsible for preventing the execution of the sentences of death imposed in the State of Nevada have largely concerned issues that have little, if any, bearing on the reliability of the convictions and the sentences imposed in the trial court; and
whereas, This interference with state law has been caused by the federal courts, whose process of review is extended and repetitive, as illustrated by the recent decision of a three-judge panel of the Ninth Circuit Court of Appeals in the case of Neuschafer v. Whitley, 860 F.2d 1470; and
whereas, The review of state judicial proceedings by federal courts is authorized by 28 U.S.C. § 2254, a provision of the federal habeas corpus statutes, and such review has become a substantial and unjustifiable obstruction of the ability of the states to enforce their laws in an effective and expeditious manner; and
κ1989 Statutes of Nevada, Page 2324 (FILE NUMBER 139, AJR 32)κ
statutes, and such review has become a substantial and unjustifiable obstruction of the ability of the states to enforce their laws in an effective and expeditious manner; and
whereas, Public confidence in the law has been seriously eroded as a consequence of seemingly unending review by the federal courts of the decisions of trial courts imposing the sentence of death in Nevada and throughout the United States; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the Legislature of the State of Nevada hereby urges the Congress of the United States to amend 28 U.S.C. § 2254, the provision authorizing the review of state judicial proceedings by federal courts, to expedite the review of such proceedings in cases where a sentence of death has been imposed; and be it further
resolved, That copies of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
Assembly Joint Resolution No. 42Assemblymen Wendell Williams, Chowning, Wisdom, Arberry, DuBois, Kissam, Adler, Triggs, Humke, McGinness, Freeman, Porter, Kerns, Nevin, Gibbons, Regan, Schofield, Carpenter, Fay, Sheerin, Banner, Callister, Spriggs, Garner and Brookman
FILE NUMBER 140
ASSEMBLY JOINT RESOLUTIONUrging Congress to impose sanctions against countries that fail to cooperate with the United States in efforts to control the production of illegal drugs.
whereas, Worldwide production of opium, coca, marijuana and hashish rose significantly during 1988; and
whereas, The abuse of heroin, cocaine, marijuana and other illegal drugs continues to increase in this country and around the world; and
whereas, President Bush recently condemned six countries -- Burma, Laos, Panama, Syria, Afghanistan and Iran -- for their failure to cooperate with the United States in efforts to control the production and distribution of such drugs; and
whereas, Bolivia, Mexico, Colombia, Peru, the Bahamas and Paraguay, all of whom have been characterized by the State Department as close friends and allies of the United States, are also major producers of illegal drugs or serve as conduits for the drug traffic; and
whereas, The problem of drug abuse in this country is aggravated by the failure of these countries to take positive, consistent action against the producers and traffickers of illegal drugs; now, therefore, be it
κ1989 Statutes of Nevada, Page 2325 (FILE NUMBER 140, AJR 42)κ
resolved by the assembly and senate of the state of nevada, jontly, That the Legislature of the State of Nevada hereby urges the Congress of the United States to impose appropriate trade and other economic sanctions against these countries; and be it further
resolved, That copies of this resolution be transmitted by the Chief Clerk of the Assembly to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
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Senate Joint Resolution No. 20Committee on Commerce and Labor
FILE NUMBER 141
SENATE JOINT RESOLUTIONUrging Congress to provide additional funding for the implementation of the Superfund Amendments and Reauthorization Act of 1986.
whereas, The full implementation of the Superfund Amendments and Reauthorization Act of 1986 (SARA), Title III must be accomplished as quickly as possible; and
whereas, The State of Nevada has already implemented important parts of the Act by establishing a State Emergency Response Commission and Local Emergency Planning Commissions; and
whereas, The next step calls for implementation of local emergency response plans for hazardous chemical incidents that will go far in providing the information necessary for the optimum protection of our citizenry; and
whereas, The entire SARA Title III program is vitally important in assisting the creation of a safe environment for the hazardous materials industry in Nevada; now, therefore, be it
resolved by the senate and assembly of the state of nevada, jointly, That the Legislature of the State of Nevada hereby urges the Congress of the United States to provide additional funding for the full implementation of the Superfund Amendments and Reauthorization Act of 1986 (SARA), Title III; and be it further
resolved, That copies of this resolution be prepared and transmitted by the Secretary of the Senate to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 2326κ
Senate Joint Resolution No. 17Senators Smith and Getto
FILE NUMBER 142
SENATE JOINT RESOLUTIONUrging Congress to authorize a study of the interregional transfer of water.
whereas, The southwest states are the fastest growing states in the nation, but the future growth and prosperity of these states depends upon the availability of adequate quantities of water of suitable quality; and
whereas, In some areas of the arid southwest states the present demand on the limited supply of water is endangering wildlife habitation and threatening the existence of established agricultural areas; and
whereas, There is considerable flood water, currently returning to the sea in the Pacific northwest, that could be beneficially used in the southwest; and
whereas, There are reservoirs in the Warner Valley, at Pyramid Lake, Walker Lake and the lakes on the Colorado River that could be used to store water which could serve Oregon, Nevada, Arizona and California; and
whereas, In 1964, F.Z. Pirkey proposed the Western Water Project and E. Frank Miller proposed the Sierra-Cascade Project, but the Federal Government has made no study of interregional transfer of water in recent years; and
whereas, The United Western Investigation Report indicates there are large amounts of surplus water flow that could be harnessed to meet the needs of the people and wildlife of the southwest; now, therefore, be it
resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature urges the Congress of the United States to authorize an immediate study of interregional transfer of water to meet the municipal, industrial and wildlife requirements of the arid southwest; and be it further
resolved, That copies of this resolution be transmitted by the Secretary of the Senate to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate Committee on Energy and Natural Resources, the Chairman of the House Committee on Interior and Insular Affairs, the Secretary of the Interior, the Secretary of Agriculture and each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 2327κ
Assembly Joint Resolution No. 41Committee on Natural Resources, Agriculture and Mining
FILE NUMBER 143
ASSEMBLY JOINT RESOLUTIONUrging the California State Legislature to exempt any impacts or effects of a Nevada upstream storage project on the Carson River System from the California Wild and Scenic Rivers Act.
whereas, There is a critical shortage of water in the Carson River Basin which adversely affects the economy and future growth of this area; and
whereas, There are periods of heavy rain or snow in this area which provide more water than the Carson River Basin can handle without upstream storage and flood control; and
whereas, When this occurs it may cause flooding that threatens the lives and property of persons residing in the Carson River Basin; and
whereas, Facilities for the storage of water when there is an excess would eliminate the threat of these floods and would be a source of water for municipal demands; and
whereas, The Nevada Legislature and the Carson Water Subconservancy District have enacted programs to plan and manage the waters of the Carson River Basin; and
whereas, These plans and management include upstream storage options on the Carson River at locations known as the Bodie Site and Watasheamu Site; and
whereas, Either of these projects may encroach onto the California segment of the East Fork of the Carson River; and
whereas, The State of California has introduced legislation through Assembly Bill No. 1200 to amend the California Wild and Scenic Act to include the East Fork of the Carson River; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That any action taken by the California Legislature to designate the East Fork of the Carson River as Wild and Scenic recognize and provide for retaining, for a period of 12 years, the prerogative of Nevada interests to construct facilities in Nevada which may inundate segments of the East Fork of the Carson River and adjacent lands in the State of California; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the leadership of the Assembly and the Senate of the State of California; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 2328κ
Assembly Concurrent Resolution No. 83Assemblymen Gibbons, Nevin, Price, Sader, Freeman, Diamond, Triggs, Regan, Porter, McGaughey, Thompson, Bergevin, Spriggs, Carpenter, Garner, Marvel, Schofield, Jeffrey, Arberry, Kissam, Bogaert, Dini, Callister, Myrna Williams, DuBois, Wisdom, Kerns, Gaston, Wendell Williams, Lambert, Banner, Sheerin, Fay, Humke, Swain, McGinness, Spinello, Adler, Chowning, Evans and Brookman
FILE NUMBER 144
ASSEMBLY CONCURRENT RESOLUTIONCommending Captain David Cronin for his bravery and skill in landing a damaged Boeing 747 and saving the lives of the passengers on board.
whereas, On February 24, 1989, Captain David Cronin was on his second to last flight before retirement after a 34-year career as a pilot with United Airlines; and
whereas, United Airlines Flight 811 was 20 minutes out of Honolulu when the cargo door of the Boeing 747 blew apart ripping a 10-foot by 20-foot hole in its fuselage; and
whereas, Soaring at 22,000 feet, within seconds the No. 3 engine had failed, the oxygen system had been knocked out, the wing flaps on the right side had sustained extensive damage and the jet was losing altitude because of the full fuel tanks; and
whereas, Captain David Cronin and his crew were forced to summon every ounce of courage and skill within them to land the severely damaged Boeing 747 successfully; and
whereas, Captain Cronin was able to return to Honolulu despite the overwhelming odds, and because of his extraordinary skill in accomplishing this feat, he is credited with saving the lives of 346 passengers and crew members; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the Nevada Legislature commend and praise Captain David Cronin for his remarkable ability and composure in the face of death; and be it further
resolved, That the State of Nevada is honored that David Cronin is now a full-time resident of Incline Village, Nevada; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Captain David Cronin.
________
κ1989 Statutes of Nevada, Page 2329κ
Assembly Concurrent Resolution No. 60Committee on Ways and Means
FILE NUMBER 145
ASSEMBLY CONCURRENT RESOLUTIONApproving the execution of a lease of certain state land.
whereas, NRS 322.007 requires approval by the Legislature or the Interim Finance Committee of any lease of state land whose term exceeds 1 year; and
whereas, The state holds a parcel of land in Washoe County which the Department of Wildlife has reached tentative agreement to lease to Brad and Reina Keife; and
whereas, Leasing the land will make it productive and bring revenue to the state; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Legislature approves the leasing of the parcel of land consisting of approximately 62 acres, more or less, in the NE 1/4 of the NE 1/4 of section 1, Township 16 North, Range 19 East, M.D.B. & M., and the E 1/2 of the E 1/2 of section 36, Township 17 North, Range 19 East, M.D.B. & M., under the terms and conditions set forth in the proposed lease, for a term of 1 year, with the lessee having the option to extend the term of the lease annually for a period not to exceed 5 years; and be it further
resolved, That a copy of the proposed lease be kept in the Fiscal Analysis Division of the Legislative Counsel Bureau as an open record for the information of the Legislature.
________
Assembly Concurrent Resolution No. 61Assemblymen Brookman and Spinello
FILE NUMBER 146
ASSEMBLY CONCURRENT RESOLUTIONExpressing the intent of the Legislature concerning legislation requiring additional occupational education.
whereas, There is a continuing need in Nevada for programs of occupational education in the schools of the state; and
whereas, Several pieces of legislation being considered by the 65th session of the Legislature propose the enhancement of programs of occupational education by adding requirements and increasing the monetary support for those programs; and
whereas, The state system of public instruction would suffer if the increasing attention paid to courses of occupational education resulted in a decrease of attention paid to other academic and extracurricular courses; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That it is the intent of the Nevada Legislature that courses offered in subjects such as art, drama, music and physical education not be reduced in response to the enactment of additional requirements for programs of occupational education; and be it further
κ1989 Statutes of Nevada, Page 2330 (FILE NUMBER 146, ACR 61)κ
response to the enactment of additional requirements for programs of occupational education; and be it further
resolved, That copies of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to the board of trustees of every school district in Nevada.
________
Assembly Concurrent Resolution No. 84Assemblymen Chowning, Wisdom, Diamond, Brookman, Thompson, Fay, Porter, Callister, Arberry, Myrna Williams, Schofield, Regan, Carpenter, McGaughey, Garner, Wendell Williams, Price, Dini and McGinness
FILE NUMBER 147
ASSEMBLY CONCURRENT RESOLUTIONCommending Michael Chub Drakulich for his outstanding service and contributions to his community and the University of Nevada, Las Vegas.
whereas, Michael Chub Drakulich, a lifelong resident of the state, was born in Kimberly, Nevada, in 1924; and
whereas, Mr. Drakulich is a veteran of the United States Army and served in the European Field during World War II as a specialist in psychological warfare; and
whereas, Following his military service, Mr. Drakulich returned to college and obtained his Bachelor of Science and Masters degrees from the University of Nevada, Reno; and
whereas, Mr. Drakulich began his teaching and coaching career in Fallon, Nevada; and
whereas, In 1955, Mr. Drakulich became the first basketball coach at Rancho High School in North Las Vegas, Nevada, a job he held until accepting a position in 1958 as athletic director and first head coach for the original Rebels Basketball Team at what was then called the Southern Regional Division of the University of Nevada; and
whereas, Enrollment at the Universitys Southern Regional Division (now known as the University of Nevada, Las Vegas) has increased from 158 students in 1958 to approximately 15,000 students presently; and
whereas, Mr. Drakulich is referred to as the founding father of athletics at the University of Nevada, Las Vegas, having developed one of the most competitive, intercollegiate athletic programs in the nation which incorporates the sports of basketball, baseball, football, golf and track; and
whereas, Mr. Drakulich culminated 15 years as athletic director in 1973, but continued to serve the University of Nevada, Las Vegas, as golf coach and instructor in the schools physical education department; and
whereas, Mr. Drakulich and his wife of 41 years, the former Theresa Caprio, have raised two daughters, Terry Drakulich Miller and Linda Drakulich Van Citters, and are the proud grandparents of Emily Miller and Lauren Van Citters; and
κ1989 Statutes of Nevada, Page 2331 (FILE NUMBER 147, ACR 84)κ
whereas, Mr. Drakulich has won the love, respect and admiration of his family and friends and the faculty of the University of Nevada, Las Vegas; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That Michael Chub Drakulich is hereby commended upon his retirement from the University of Nevada, Las Vegas, for his outstanding service and contributions to his community which helped turn a small, dusty university into a thriving oasis of knowledge in the desert; and be it further
resolved, That the members of the 65th session of the Nevada Legislature express their appreciation and offer their congratulations to Mr. Drakulich; and be it further
resolved, That a copy of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to Michael Chub Drakulich.
________
Assembly Concurrent Resolution No. 85Assemblymen Price, Schofield, Gaston, Carpenter, Sheerin, Fay, Chowning, Regan, Kerns, Porter, Nevin, Jeffrey, McGaughey, Garner, Wendell Williams, DuBois, Myrna Williams, Triggs, Brookman, Diamond and Wisdom
FILE NUMBER 148
ASSEMBLY CONCURRENT RESOLUTIONAcknowledging the anniversary of the Magna Carta.
whereas, On June 15, 1215, King John of England was compelled to accept the Magna Carta at Runnymede Meadow, 20 miles southwest of London; and
whereas, In 1957 the American Bar Association dedicated a memorial at Runnymede, commemorating the site as the source of the Anglo-American tradition of law; and
whereas, In 1965 Queen Elizabeth dedicated a memorial to President John F. Kennedy on 3 acres of land at Runnymede, which she bestowed upon the people of the United States; and
whereas, The governments of the United States and the State of Nevada were founded upon the great charter of English and American liberty; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature hereby acknowledges the 774th anniversary of the Magna Carta this 15th day of June, 1989.
________
κ1989 Statutes of Nevada, Page 2332κ
Assembly Joint Resolution No. 40Committee on Natural Resources, Agriculture and Mining
FILE NUMBER 149
ASSEMBLY JOINT RESOLUTIONUrging Congress and the National Guard Bureau to establish a National Guard Training Center, along with a multipurpose range complex, at Hawthorne, Nevada, for the training of Reserve and National Guard units.
whereas, Fort Irwin, California, is presently almost entirely committed to the support of active component units and there now exists a real need for a training center and site for Reserve and National Guard units to achieve training of the quality necessary to ensure survivability on the modern battlefield; and
whereas, The proposed training area at Hawthorne, Nevada, possesses a wide variety of topography, and the climate itself makes the location ideal for armor and infantry training, thereby offering one of the best locations in the United States for desert operations; and
whereas, The establishment of a National Guard Training Center at Hawthorne, Nevada, dedicated to Reserve and National Guard components, would provide a variety of training scenarios on adjacent land to the Hawthorne Army Ammunition Plant in concert with other existing land uses; and
whereas, It is estimated that the establishment of a National Guard Training Center would bring a needed economic benefit to Hawthorne, Nevada, and the surrounding area, as the Hawthorne area has been for several years, and presently is in a state of economic decline; and
whereas, The site selection of Hawthorne, Nevada, for the establishment of a National Guard Training center affords the ideal strategic location for Reserve and National Guard training in terms of the wide variety and availability of land, desert, climate and terrain, central accessibility of the area as a hub to Reserve and National Guard Units throughout the western United States, and already possesses the unique asset of the existence of the Hawthorne Army Ammunition Plant and base, which is accessible by air, rail and motor convoy and can be utilized in joint use and operations by Reserve and National Guard forces with the regular military forces of the United States Armed Forces; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the Legislature of the State of Nevada hereby urges the Congress of the United States and the National Guard Bureau to establish a training center, along with a multipurpose range complex, at Hawthorne, Nevada, for the training of Reserve and National Guard units; and be it further
resolved, That copies of this resolution be transmitted by the Chief Clerk of the Assembly to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives, the National Guard Bureau and each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 2333κ
Assembly Concurrent Resolution No. 70Assemblymen Evans, Freeman, McGaughey, Swain, Wisdom, Humke, Spriggs, Garner and Diamond
FILE NUMBER 150
ASSEMBLY CONCURRENT RESOLUTIONUrging the American Society of Heating, Refrigerating and Air-Conditioning Engineers to encourage manufacturers to preset water heathers at a certain temperature and affix certain warnings.
whereas, Unnecessarily hot tap or bath water creates an extreme risk of severe burns, especially among the elderly, children and retarded persons; and
whereas, Annually, many persons suffer severe burns, some resulting in death from tap or bath water which is inordinately hot; and
whereas, Excessively high temperatures of tap and bath water in residential usage is unnecessary for sanitary purposes and the establishment of a reduced setting for the thermostat of water heaters can virtually eliminate incidences of dangerous scalding; and
whereas, Projected shortages of energy in this state could be reduced or prevented by the efficient use of existing resources of water and energy, and reducing the temperature setting on the thermostat of a water heater to 49 degrees centigrade will save energy that is now unnecessarily consumed, will reduce the average utility costs of homeowners and will promote home safety without any loss of comfort or health; and
whereas, Public utilities, landlords, contractors and builders of mobile homes and other residential dwellings recognize the need to control excessively high temperatures of tap and bath water and to prevent the extreme risk of injury, and support efforts to help alleviate the problem through public education; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature urges the American Society of Heating, Refrigerating and Air-Conditioning Engineers to encourage manufactures to:
1. Preset the thermostats of water heaters sold or leased for use in residential dwellings at not more than 49 degrees centigrade; and
2. Affix to those water heaters conspicuous labels which explain and warn of the hazards and dangers associated with excessively high temperatures of tap and bath water, and which urge the conservation of water and energy by residential users;
and be it further
resolved, That a copy of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to the American Society of Heating, Refrigerating and Air-Conditioning Engineers.
________
κ1989 Statutes of Nevada, Page 2334κ
Senate Concurrent Resolution No. 60Senators Getto, Beyer, Coffin, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels, and Wagner
FILE NUMBER 151
SENATE CONCURRENT RESOLUTIONCommending the Churchill County Telephone and Telegraph Service on its 100th birthday.
whereas, On August 5, 1889, the Churchill County Commissioners purchased the telegraph line from Virginia City to a point 25 miles east of Stillwater from the Western Union Telegraph Company for $975; and
whereas, Seven years later on April 7, 1896, the Churchill County Commissioners ordered the telegraph line to be changed into a telephone system; and
whereas, Today, the 100-year-old company, named the Churchill County Telephone and Telegraph System, operates a computer-controlled switching system using all the latest and most advanced telephone equipment available; and
whereas, The Churchill County Telephone and Telegraph System is proud of the fact that it is the only county-owned and maintained telephone company in the nation; and
whereas, Currently the telephone service reaches over 8,330 customers and is valued at $18,339,400; now, therefore, be it
resolved by senate of the state of nevada, the assembly concurring, That the 1989 Legislature of the State of Nevada commends the Churchill County Telephone and Telegraph System for its dedication over the last 100 years in providing exemplary telephone service for the residents of Churchill County; and be it further
resolved, That a copy of this resolution be transmitted by the Secretary of the Senate to Mr. Ted Hunnewell, general manager of the Churchill County Telephone and Telegraph System.
________
Senate Concurrent Resolution No. 56Senator Rhoads
FILE NUMBER 152
SENATE CONCURRENT RESOLUTIONAuthorizing the state land registrar to dedicate certain land within the South Fork State Recreation Area to Elko County.
whereas, The development of a state park facility in the South Fork State Recreation Area resulted in the relocation of the county road through the park; and
whereas, The state wishes to dedicate to Elko County the new road alignment; and
whereas, Elko County has indicated it will accept such a dedication and will continue to maintain the road through the park; now, therefore, be it
κ1989 Statutes of Nevada, Page 2335 (FILE NUMBER 152, SCR 56)κ
resolved by the senate of the state of nevada, the assembly concurring, That the state land registrar is hereby authorized to offer for dedication to Elko County those lands within the South Fork State Recreation Area which contain the county road; and be it further
resolved, That upon acceptance of the offer of dedication, the state land registrar is authorized to transfer to Elko County all of the states right, title and interest in such lands; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
Assembly Concurrent Resolution No. 76Assemblyman Kissam
FILE NUMBER 153
ASSEMBLY CONCURRENT RESOLUTIONUrging the board of regents of the University of Nevada System to establish a cooperative program of education involving subjects related to the study of alternative sources of energy.
whereas, The United States Department of Energy is actively involved in the development of alternative sources of energy; and
whereas, There are many technical and scientific disciplines currently involved in the program established by the Department of Energy and in the operation of the Nevada Test Site; and
whereas, A cooperative program of education involving the Nevada Test Site, the University of Nevada System and the program of the Department of Energy would directly benefit the state by encouraging academically talented students to remain in Nevada; now, therefore, be it
resolved by assembly of the state of nevada, the senate concurring, That the Nevada Legislature hereby urges the board of regents of the University of Nevada System to establish a cooperative program of education involving subjects related to alternative sources of energy in the engineering and other related schools of the University of Nevada, Las Vegas, and the University of Nevada, Reno; and be it further
resolved, That the Legislature hereby urges the board of regents to seek grants from the Department of Energy to assist in the funding of that program; and be it further
resolved, That copies of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to the members of the board of regents of the University of Nevada System.
________
κ1989 Statutes of Nevada, Page 2336κ
Assembly Concurrent Resolution No. 72Committee on Legislative Functions
FILE NUMBER 154
ASSEMBLY CONCURRENT RESOLUTIONDirecting the Legislative Commission to complete its interim studies by a certain date.
whereas, The Nevada Legislature has directed the Legislative Commission to study subjects which are of current importance to the residents of this state; and
whereas, The members of the Legislature need accurate information on which to base effective legislation; and
whereas, This information can be provided by the studies of the Legislative Commission; and
whereas, Many important projects are advanced through the studies of the Legislative Commission; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Legislative Commission is hereby directed to complete by August 15, 1990, all the interim studies which have been assigned to it by the 65th session of the Nevada Legislature.
________
Assembly Concurrent Resolution No. 86Assemblymen Carpenter, Banner, Chowning, Marvel, Gibbons and McGinness
FILE NUMBER 155
ASSEMBLY CONCURRENT RESOLUTIONCommending Bert L. Cooper for his public service in education in Nevada.
whereas, Bert L. Cooper excelled in athletics at White Pine High School in Ely, Nevada, as an all-state athlete in football and basketball, a member of the state championship basketball team for 2 years and a member of the state championship baseball team for 1 year; and
whereas, The recognition Bert Cooper received for his outstanding abilities in sports earned him athletic scholarships to the University of Denver where he received his Bachelors degree in education in 1956 and his Masters degree in educational administration in 1957; and
whereas, After teaching high school in Durango, Colorado, for 2 years, Bert Cooper moved to Nevada where he taught high school for 3 years; and
whereas, For the next 11 years, Bert Cooper was employed by the Department of Education in various capacities including 3 years as Supervisor of School Facilities and Pupil Transportation, 4 years as an Education Consultant in the areas of physical education, drivers education, health and drug education and 4 years as Director of Curriculum and Instruction; and
whereas, Bert Cooper was exceptionally innovative in education, which was demonstrated by his skills in developing educational programs to meet teachers as well as pupils needs; and
κ1989 Statutes of Nevada, Page 2337 (FILE NUMBER 155, ACR 86)κ
whereas, Among Mr. Coopers efforts was the planning and implementation of the first legislation for drivers education in Nevada schools and the coordination and revision of the Nevada High School Graduation Requirements and the Master Plan for Education in Nevada; and
whereas, During the last 15 years, Bert Cooper has been the Executive Director of the Nevada Interscholastic Activities Association, accepting the responsibility for the development and administration of the high school activity programs throughout the State of Nevada; and
whereas, Bert Cooper was active in his community as a member of many organizations, including the National Association of School Administrators, American Association of Health, Physical Education and Recreation, Association of Supervisors and Curriculum Development, American Driver and Traffic Safety Association, Parent Teacher Association, Nevada State Employees Association, National Association of Elementary School Principals, Phi Delta Kappa, Phi Epsilon Kappa, Department of Rural Education, Society of State Directors of Health, Physical Education and Recreation, National Safety Council, Executive Committee National Federation of State High Schools, National Interscholastic Administrators Association, Nevada Athletic Directors Association and National Federation Interscholastic Coaches and Officials Association; and
whereas, Mr. Cooper was also a member of the Board of Directors of the Nevada State Employees Association, State Treasurer for the Parent Teachers Association as well as being a member of the Board of Managers, member of the Board of Directors of the Governors Rural Community Action Program, Committee Chairman of the Boy Scouts in Carson City, Past-President of PDK of Health, Physical Education and Recreation, Consultant to the American Automobile Association, member of the Far West Laboratory, National Federation Football Rules Committee, National Federation Basketball Rules Committee, National Federation Softball Rules Committee and National Federation Executive Committee and President of the National Federation of State High School Associations; and
whereas, Mr. Cooper was awarded Educator of the Year at the University of Denver and has received the Phi Delta Kappa Award of Merit; and
whereas, Bert Cooper has exemplified the highest ideals of public service and has earned the respect and admiration of his colleagues; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the 65th session of the Legislature of the State of Nevada extend their warmest regards to Mr. Bert Cooper upon his well-earned retirement on August 1, 1989, and commend him for his dedicated service to the State of Nevada on behalf of the residents of this state and the many pupils who have benefited from his dedication and commitment to education; and be it further
resolved, That a copy of this resolution be prepared by the Chief Clerk of the Assembly and transmitted forthwith to Bert Cooper.
________
κ1989 Statutes of Nevada, Page 2338κ
Assembly Resolution No. 19Committee on Legislative Functions
FILE NUMBER 156
ASSEMBLY RESOLUTIONProviding for the appointment of an additional attache.
resolved by the assembly of the state of nevada, That Don Cummings is elected as an additional attache of the Assembly for the 65th session of the Legislature of the State of Nevada.
________
Assembly Resolution No. 20Assemblymen Price, McGaughey, Gaston, Schofield, Sedway, Thompson, Adler, Lambert, Spinello, Callister, Fay, Marvel, Gibbons, Chowning, Regan, DuBois, Bergevin, Myrna Williams, Jeffrey, Kerns, Garner, Freeman, Swain, Arberry, Humke, Wendell Williams, Wisdom, Nevin, Porter, Bogaert, Spriggs, Diamond, Triggs, McGinness, Kissam, Sheerin, Carpenter, Evans, Brookman, Sader and Dini
FILE NUMBER 157
ASSEMBLY RESOLUTIONExpunging a certain call for a Constitutional Convention from the records of the Assembly.
whereas, The original support by Nevada for requesting the Congress of the United States to call a Constitutional Convention was based upon the representation that the Convention would be limited to proposing a balanced budget amendment to the Constitution of the United States of America; and
whereas, The Constitution of the United States does not provide for a Constitutional Convention to be restricted to a single subject; and
whereas, The Constitution of the United States does not need to be changed in order to balance the budget of the United States, but the existing provisions which limit the expenditures to those purposes authorized by the states when they agreed to the Constitution of the United States need to be enforced; and
whereas, The adoption by the Nevada Assembly of Senate Joint Resolution No. 8 of the 60th session of the Legislature (File No. 39) requesting the Congress of the United States to call a Constitutional Convention was therefore induced by fraud; and
whereas, Fraud colors everything it touches, and the appropriate remedy is for the Assembly to expunge from its Journal its passage of Senate Joint Resolution No. 8 of the 60th session of the Legislature requesting the Congress of the United States to call a Constitutional Convention; now, therefore, be it
resolved by the assembly of the state of nevada, That the Chief Clerk of the Assembly draw a black border around that portion of the 1979 Assembly Journal whereby the Assembly passed Senate Joint Resolution No. 8 and write across the face thereof: Expunged by order of the Assembly this 24th day of June, 1989; and be it further
κ1989 Statutes of Nevada, Page 2339 (FILE NUMBER 157, AR 20)κ
resolved, That certified copies of this resolution, together with the expunged portion of the Assembly Journal be forwarded to the Governor, the Senate of the State of Nevada, the Speaker of the House of Representatives of the United States, the Vice President of the United States as President of the Senate and the Nevada Congressional Delegation.
________
Assembly Concurrent Resolution No. 48Assemblyman Wendell Williams
FILE NUMBER 158
ASSEMBLY CONCURRENT RESOLUTIONDirecting the Executive Director of the Department of Employment Security to develop contingency plans for alternative employment of the workers at the Nevada Test Site in case operations are substantially reduced or closed.
whereas, A significant number of southern Nevada residents are employed at the Nevada Test Site; and
whereas, The employment of those persons contributes millions of dollars to the economy of southern Nevada; and
whereas, Various proposals have been made to the Federal Government to cut back or eliminate nuclear testing which would result in a reduction of the number of persons employed at the Nevada Test Site; and
whereas, The closing of the Nevada Test Site or a substantial reduction in its workforce would have an enormous impact on the economy of southern Nevada; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Executive Director of the Department of Employment Security is hereby directed to develop contingency plans for alternative employment of the workers at the Nevada Test Site in case employment at the site is substantially reduced or the site is closed; and be it further
resolved, That the Executive Director of the Department of Employment Security submit plans to the 66th session of the Nevada Legislature; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Executive Director of the Department of Employment Security.
________
κ1989 Statutes of Nevada, Page 2340κ
Assembly Concurrent Resolution No. 55Assemblymen Evans, Nevin, Marvel, Kerns, Price, DuBois, Brookman, Callister, Fay and Carpenter
FILE NUMBER 159
ASSEMBLY CONCURRENT RESOLUTIONRequiring the Department of Transportation to conduct an interim study of school zones and school crossings.
whereas, The safety of the children in Nevada is of the utmost importance; and
whereas, The competing needs of relieving traffic congestion while keeping streets safe for our children have created conflicts in our statutes and local ordinances; and
whereas, At present there is no uniform approach to defining a school zone or school crossing, because many different governmental entities have jurisdiction over these issues; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Department of Transportation conduct an interim study in consultation with school boards, traffic engineers, the Nevada Highway Patrol, parent-teachers associations, local county and city administrators and local county, city and police administrators; and be it further
resolved, That the study must consider:
1. A workable schedule for the installation of any new signs and devices which it may suggest to the Legislature;
2. The appropriate agency responsible for supervising and administering programs for school crossing guards;
3. Plans for programs to promote public safety awareness; and
4. Any necessary changes in state regulations;
and be if further
resolved, That the Department of Transportation report the results of its study and any recommended legislation to the 66th session of the Nevada Legislature; and be it further
resolved, That a copy of this resolution be transmitted by the Chief Clerk of the Assembly to the Director of the Department of Transportation.
________
Assembly Joint Resolution No. 31Assemblymen Brookman, Arberry, Sader, McGinness, Lambert, Bogaert, Gibbons, Kerns, Regan, Chowning, Fay, Nevin, Thompson, McGaughey, Spinello, Kissam, Wisdom, Jeffrey, Myrna Williams, Humke, Evans, Price, Gaston, Sedway, Swain, Sheerin and Callister
FILE NUMBER 160
ASSEMBLY JOINT RESOLUTIONUrging Congress to require the amount of nutritive carbohydrate sweeteners in foods to be listed on containers of packaged foods.
whereas, Diabetes is responsible for the deaths of 150,000 people each year; and
κ1989 Statutes of Nevada, Page 2341 (FILE NUMBER 160, AJR 31)κ
whereas, People who suffer from diabetes must adhere to strict diets which limit the intake of carbohydrate sweeteners; and
whereas, The amount of nutritive carbohydrate sweeteners contained in processed food is not required to be listed on the labels of containers of packaged food; and
whereas, The Surgeon Generals Report on Nutrition and Health urged processors of packaged food to use nutritional labels that clearly show the level of carbohydrates contained in containers of packaged food; and
whereas, Only by providing accurate and complete information as to the amount of nutritive carbohydrate sweeteners contained in processed food products can consumers make intelligent decisions concerning the contents of the food they wish to eat; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature hereby urges the Congress of the United States to require the listing of the amount of nutritive carbohydrate sweeteners in foods on all containers of packaged food; and be it further
resolved, That a copy of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
Assembly Concurrent Resolution No. 89Assemblymen Bogaert, Humke, Lambert, Marvel, Swain, Freeman, Sader, Kerns, Sheerin, Nevin, Gibbons and Evans
FILE NUMBER 161
ASSEMBLY CONCURRENT RESOLUTIONDeclaring the week of July 29, 1989, through August 5, 1989, as Old Car Week and August 3, 1989, through August 6, 1989, as Hot August Nights.
whereas, The fourth annual Hot August Nights will be celebrated in the Reno/Sparks area this year on August 3rd through August 6th; and
whereas, In conjunction with this nostalgic celebration, July 29th through August 5th has been declared Old Car Week; and
whereas, Throughout the 20th century, the automobile has played a significant role in the lives of all Americans; and
whereas, The restoration and exhibition of automobiles from Americas past has become an important and popular hobby and spare-time activity; and
whereas, The Hot August Nights celebration is centered around the automobile, especially those automobiles which were popular during the 1950s; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature commends the organizers of Hot August Nights for introducing such a wholesome and nostalgic event, which gives persons an opportunity to reminisce and relate to Americas recent history for a few days; and be it further
κ1989 Statutes of Nevada, Page 2342 (FILE NUMBER 161, ACR 89)κ
gives persons an opportunity to reminisce and relate to Americas recent history for a few days; and be it further
resolved, That July 29, 1989, through August 5, 1989, is hereby declared Old Car Week; and be it further
resolved, That August 3, 1989, through August 6, 1989, is hereby declared Hot August Nights.
________
Assembly Joint Resolution No. 39Assemblymen Arberry, Dini, Marvel, Gibbons, Carpenter, Spriggs and Adler
FILE NUMBER 162
ASSEMBLY JOINT RESOLUTIONUrging the Federal Communications Commission to allow the introduction of cellular radio communications services into rural areas.
whereas, The public interest, convenience and necessity will be best served by the introduction of a competitive cellular radio service in the rural areas of this state; and
whereas, Consumers in the rural areas of the state will benefit from the introduction of cellular radio services; and
whereas, The introduction of cellular radio service into the rural areas of the state will improve emergency services in those areas as well as offer substantial benefits to the economy of the state; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature urges the Federal Communications Commission to award permits for the construction of cellular radio communication services in the rural areas of the state; and be it further
resolved, That copies of this resolution be prepared and transmitted to the Federal Communications Commission and each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
Senate Joint Resolution No. 24Committee on Government Affairs
FILE NUMBER 163
SENATE JOINT RESOLUTIONUrging Congress to extend authority of states to issue tax-exempt private activity bonds and qualified mortgage revenue bonds.
whereas, The State of Nevada has been subjected to an increasing number of restrictions on the type and amount of tax-exempt private activity bonds that can be issued by local governments and state agencies, such as the Nevada Department of Commerce, to assist qualified business enterprises in financing capital expansion projects within Nevada; and
κ1989 Statutes of Nevada, Page 2343 (FILE NUMBER 163, SJR 24)κ
whereas, Chapter 348A of NRS authorizes the establishment of an allocation program by which the State of Nevada can restrict the number of tax-exempt private activity bonds so that the amount of such bonds can be contained within the volume cap established for the State of Nevada by federal tax law (26 U.S.C. § 146 (b) and (c)); and
whereas, There is a shortage of affordable single family housing in the State of Nevada for purchase by persons of low or moderate income; and
whereas, The exemption of interest on qualified mortgage bonds from federal taxation by the Internal Revenue Code provides an incentive for the issuance and purchase of such bonds, the proceeds of which may only be used to finance owner-occupied moderately priced residences; and
whereas, Current federal law contains a sunset date of December 31, 1989, for the issuance of tax-exempt private activity bonds that can be issued to support certain qualified projects and the issuance of tax-exempt mortgage bonds that can be issued to finance qualified owner-occupied residences; and
whereas, The issuance of tax-exempt private activity bonds has greatly assisted the State of Nevada in efforts to diversify the states economy, to create new jobs, and to achieve many of the goals and objectives of the Nevada State Plan for Economic Diversification and Development adopted by the Commission on Economic Development; and
whereas, The issuance of qualified mortgage bonds has provided a stable source of mortgage loans for residents of Nevada with low and moderate incomes, thereby alleviating the crucial shortage of housing for such persons; now, therefore, be it
resolved by the senate and the assembly of the state of nevada, jointly, That Congress is hereby urged to enact legislation to continue the authority for states to issue qualified tax-exempt private activity bonds and qualified tax-exempt mortgage bonds beyond the scheduled sunset date of December 31, 1989; and be it further
resolved, That a copy of this resolution be transmitted by the Secretary of the Senate to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
κ1989 Statutes of Nevada, Page 2344κ
Assembly Concurrent Resolution No. 74Assemblymen Price, Brookman, Spinello, Bogaert, Gibbons, Marvel, Fay, Chowning, Regan, DuBois, Nevin, Sheerin, McGaughey, Triggs, Schofield, Wendell Williams, Kerns, Kissam, Garner, Evans, Bergevin, Myrna Williams, Freeman, Dini, Lambert, Jeffrey, Arberry, Callister, Adler, Swain, Porter, Gaston, Wisdom, Carpenter, McGinness, Humke, Sader, Spriggs, Thompson, Diamond and Banner
FILE NUMBER 164
ASSEMBLY CONCURRENT RESOLUTIONInstructing the Director of the Legislative Counsel Bureau to grant paid leave to employees of the Legislative Counsel Bureau in recognition of their services to the 65th session of the Nevada Legislature.
whereas, The Legislative Counsel Bureau provides services to the Legislature which are vital to an efficient and productive legislative session; and
whereas, The employees of the various divisions of the Legislative Counsel Bureau have provided these services with dedication, competence and enthusiasm throughout the long days of the session; and
whereas, The members of the 65th session of the Nevada Legislature wish to recognize and express their appreciation of the outstanding effort made by the employees of the Legislative Counsel Bureau; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Director of the Legislative Counsel Bureau is hereby directed to grant 3 days of administrative leave to each employee of the bureau, to be taken at a time arranged by the employee with his supervisor.
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Senate Concurrent Resolution No. 42Committee on Human Resources and Facilities
FILE NUMBER 165
SENATE CONCURRENT RESOLUTIONUrging the preservation of the historical records of Nevada.
whereas, The nation is celebrating its 200th anniversary of the Constitution of the United States of America and the Bill of Rights; and
whereas, These documents are the most important records in the history of the nation and the basis of democratic government in the United States; and
whereas, The history of the people of the nation and its 50 states cannot be written without historical records; and
whereas, Nevadas historical records document activities of the past about early settlers, communities, mining districts, businesses and industries, social movements and governments; and
whereas, State and local governments recognize the importance of historical records because they provide for their collections and maintenance in archives, historical societies, libraries and museums and in offices of clerks, recorders and the Secretary of State; and
κ1989 Statutes of Nevada, Page 2345 (FILE NUMBER 165, SCR 42)κ
whereas, The University of Nevada System identified the value of historical records to higher education when they established special collections departments in the 1960s; and
whereas, Preserving Nevadas Documentary Heritage, the report of the State Historical Records Advisory Board funded by the National Historical Publications and Records Commission, reported on the states historical records programs and made specific recommendations for the preservation and storing of Nevadas historical records; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Nevada Legislature declares that it is a policy of this state that historical records created by past and present generations are important cultural and informational resources and should be preserved and made readily accessible to present and future generations in accordance with the recommendations of Preserving Nevadas Documentary Heritage; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to the State Historical Records Advisory Board.
________
Assembly Concurrent Resolution No. 49Assemblymen Dini, Myrna Williams, Banner, Kerns, Thompson, Humke, Arberry, Bergevin, Garner, Freeman, Brookman, Fay, Price, Spinello, Schofield, Adler, Nevin, Evans, Sheerin, Carpenter, Lambert, McGaughey, Swain, Wisdom, Gibbons, Bogaert, Porter, Gaston, Triggs, McGinness, Spriggs, Wendell Williams, Kissam, DuBois, Jeffrey, Chowning, Regan, Sader and Callister
FILE NUMBER 166
ASSEMBLY CONCURRENT RESOLUTIONUrging the preservation of the historical records of Nevada.
whereas, The nation is celebrating the 200th anniversary of the Constitution of the United States of America and the Bill of Rights; and
whereas, These documents are the most important records in the history of the nation and the basis of democratic government in the United States; and
whereas, The history of the people of the nation and its 50 states cannot be written without historical records; and
whereas, Nevadas historical records document activities of the past about early settlers, communities, mining districts, businesses and industries, social movements and governments; and
whereas, State and local governments recognize the importance of historical records because they provide for their collections and maintenance in archives, historical societies, libraries and museums and in offices of clerks, recorders and the Secretary of State; and
whereas, The University of Nevada System identified the value of historical records to higher education when they established special collections departments in the 1960s; and
κ1989 Statutes of Nevada, Page 2346 (FILE NUMBER 166, ACR 49)κ
whereas, Preserving Nevadas Documentary Heritage, the report of the State Historical Records Advisory Board funded by the National Historical Publications and Records Commission, reported on the states historical records programs and made specific recommendations for the preservation and storing of Nevadas historical records; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature declares that it is a policy of this state that historical records created by past and present generations are important cultural and informational resources and should be preserved and made readily accessible to present and future generations in accordance with the recommendations of Preserving Nevadas Documentary Heritage; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to the State Historical Records Advisory Board.
________
Senate Resolution No. 13Senators Raggio and Neal.
FILE NUMBER 167
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 Charles W. Joerg, William R. ODonnell, Randolph J. Townsend, Donald R. Mello, Raymond C. Shaffer and John M. Vergiels are designated as the regular senate members of the legislative commission; Senators Lawrence E. Jacobsen, Erik Beyer, R. Hal Smith, William J. Raggio and Sue Wagner are designated as the first, second, third, fourth and fifth alternate members, respectively, for Senators Charles W. Joerg, William R. ODonnell and Randolph J. Townsend; Senators Dina Titus, Nicholas J. Horn and Bob Coffin are designated as the first, second and third alternate members, respectively, for Senators Donald R. Mello, Raymond C. Shaffer and John M. Vergiels; 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 must be selected to replace the regular member during his absence at that meeting, 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.
κ1989 Statutes of Nevada, Page 2347 (FILE NUMBER 167, SR 13)κ
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 the 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. 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 alternate member who has 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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Assembly Resolution No. 21Committee on Legislative Functions
FILE NUMBER 168
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 and the joint rules of the legislature, the following assemblymen are designated regular and alternate members of the legislative commission to serve until their successors are designated: Messrs. Joseph E. Dini, Jr., John E. Jeffrey, Robert M. Sader, Danny L. Thompson, Louis W. Bergevin and James W. McGaughey are designated as the regular assembly members; Mr. Ernest E. Adler and Mr. Gary A. Sheerin are designated as the first and second alternate members, respectively, for Mr. Joseph E. Dini, Jr.; Mr. Morse Arberry, Jr. and Mrs. Jane A. Wisdom are designated as the first and second alternate members, respectively, for Mr. John E. Jeffrey; Mr. Leonard V. Nevin and Mrs. Vivian L. Freeman are designated as the first and second alternate members, respectively, for Mr. Robert M. Sader; Mrs. Eileen B. Brookman and Mr. Gene T. Porter are designated as the first and second alternate members, respectively, for Mr. Danny L. Thompson; Mrs. Joan A. Lambert and Mr. Bruce R. Bogaert are designated as the first and second alternate members, respectively, for Mr.
κ1989 Statutes of Nevada, Page 2348 (FILE NUMBER 168, AR 21)κ
Louis W. Bergevin; and Mrs. Gaylyn J. Spriggs and Mr. Joseph M. McGinness are designated as the first and second alternate members, respectively, for Mr. James W. McGaughey.
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Assembly Joint Resolution No. 23Committee on Government Affairs
FILE NUMBER 169
ASSEMBLY JOINT RESOLUTIONProposing to amend section 9 of article 8 of the constitution of the State of Nevada to eliminate the prohibition against lending the money or credit of the state to businesses.
resolved by the assembly and senate of the state of nevada, jointly, That section 9 of article 8 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 9. The State shall not donate [or loan money, or its credit, subscribe to or be, interested in the Stock of] money to any company, association, or corporation, except corporations formed for educational or charitable purposes.
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Assembly Concurrent Resolution No. 17Assemblymen Arberry, Brookman and Price
FILE NUMBER 170
ASSEMBLY CONCURRENT RESOLUTIONUrging local governments to revise their zoning ordinances and building codes to encourage the construction of more affordable housing.
whereas, Federal assistance for the provisions of affordable housing has been drastically reduced since 1980; and
whereas, It has been estimated that the State of Nevada has 90,000 to 100,000 families of low income who are currently in need of affordable housing; and
whereas, It is the policy of this state to promote the health and welfare of its residents by improving their access to affordable housing; and
whereas, The construction of more affordable housing could be encouraged through the revision of local zoning ordinances and building codes; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the legislature urges local governments of the State of Nevada to revise their zoning ordinances and building codes to encourage the construction of more affordable housing for the residents of this state; and be it further
κ1989 Statutes of Nevada, Page 2349 (FILE NUMBER 170, ACR 17)κ
resolved, That copies of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to all local governments of the State of Nevada.
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Assembly Resolution No. 22Assemblymen Swain, Marvel, Gibbons, Brookman, Bogaert, Callister, Price, Spinello, Sader, Thompson, Adler, Kissam, Lambert, Arberry, McGinness, Garner, Humke, Triggs, Spriggs, Wendell Williams, Freeman, McGaughey, Wisdom, Diamond, Evans, DuBois, Bergevin, Nevin, Schofield, Porter, Gaston, Kerns, Banner, Regan, Carpenter, Chowning, Fay, Sheerin, Jeffrey, Dini, and Myrna Williams
FILE NUMBER 171
ASSEMBLY RESOLUTIONCommending the interns of the Assembly for their dedicated service during the 65th session of the Legislature.
whereas, The efficient and productive operation of the Assembly would be virtually impossible without the outstanding work and dedication of its interns; and
whereas, The interns of the Assembly for the 65th session of the Legislature have spent many long hours performing difficult tasks in a conscientious and diligent manner; and
whereas, If it were not for the effort of these interns, the members of the Assembly would not have been able to devote their entire time and energy serving the interests of the people of this state; now, therefore, be it
resolved by the assembly of the state of nevada, That the members of the Assembly of the 65th session of the Nevada Legislature commend and thank Michael Barclay, Doris Beckie, Rebecca Bellon, Tracy Clark, Rita Clausen, Don Dunstone, Danny Gonzales, Dina Guthrie, Michael Haight, Anne Kelly, Brenda Lawson, Karen Miller Lipera, Karen Lowery, Michael S. Lynch, Leslie McCurry, Susan Miller, David Redford, Lisa Robinson, Matthew Sharp and Lisa Vaughn; and be it further
resolved, That the members of the Assembly give special recognition and thanks to Tracy Clark and Michael Barclay who, through a special program offered by the University of Nevada, Las Vegas, lived in Carson City during the entire legislative session and performed their duties on a daily basis; and be it further
resolved, That copies of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to each legislative intern of the Assembly.
________
κ1989 Statutes of Nevada, Page 2350κ
Senate Joint Resolution No. 7Committee on Natural Resources
FILE NUMBER 172
SENATE JOINT RESOLUTIONUrging Congress or the Secretary of the Interior to modify guidelines relating to sanctuaries for unadoptable wild horses and burros to authorize the establishment of sanctuaries on a combination of public and private lands.
whereas, The State of Nevada has the major proportion of wild horses in the western states; and
whereas, In the State of Nevada a small proportion of privately held land and a large proportion of public land administered by the Secretary of the Interior through the Bureau of Land Management is used for the grazing of livestock by private interests; and
whereas, A portion of the land used for the grazing of livestock could be transferred for the use of unadoptable wild free-roaming horses and burros; and
whereas, The federal Wild Free-Roaming Horses and Burros Act authorizes the establishment of sanctuaries on private land but the present guidelines adopted by the Secretary of the Interior for the establishment of sanctuaries do not allow for sanctuaries to be established on public land; and
whereas, The conflict between the federal Wild Free-Roaming Horses and Burros Act and the present guidelines adopted by the Secretary of the Interior for the establishment of sanctuaries prevents the establishment of sanctuaries for unadoptable wild free-roaming horses and burros on public land in this state; and
whereas, A certain amount of management is necessary to prevent the genetic degradation of wild free-roaming horses and burros and to ensure that wild free-roaming horses classified as unadoptable do not continue to breed when released from impoundment and returned to the open range; now, therefore, be it
resolved by the senate and the assembly of the state of nevada, jointly, That the Legislature of the State of Nevada urges Congress to enact legislation or the Secretary of the Interior to adopt regulations modifying the guidelines for the establishment of sanctuaries to authorize a pilot program for the establishment of sanctuaries for unadoptable wild free-roaming horses and burros on a combination of public and private lands in this state; and be it further
resolved, That interested persons, including those presently involved in livestock operations, be allowed to bid for contracts with the Federal Government to provide private land and the use of the water and forage on that private land for the establishment of sanctuaries for unadoptable wild free-roaming horses and burros; and be it further
resolved, That a copy of this resolution be transmitted forthwith by the Secretary of the Senate to 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
κ1989 Statutes of Nevada, Page 2351 (FILE NUMBER 172, SJR 7)κ
resolved, That this resolution becomes effective upon passage and approval.
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Assembly Concurrent Resolution No. 92Committee on Legislative Functions
FILE NUMBER 173
ASSEMBLY CONCURRENT RESOLUTIONCommending the Superintendent and staff of the State Printing and Micrographics Division of the Department of General Services for services rendered to the Legislature.
whereas, The 65th session of the Nevada Legislature established a record for the number of bills introduced during a legislative session, requiring the Superintendent and staff of the State Printing and Micrographics Division of the Department of General Services to work long hours in meeting the needs of the Legislature; and
whereas, The work produced by the Division met the high standards of previous years because of the care that the Superintendent and his excellent staff devoted to every assignment given to them; and
whereas, In the absence of such outstanding service, the Legislature could not function or fulfill its obligations to the people of this state; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the 65th session of the Nevada Legislature hereby express their appreciation and commend the members of the staff of the State Printing and Micrographics Division for their fine work; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Mr. Donald L. Bailey, the Superintendent of the State Printing and Micrographics Division of the Department of General Services.
________
κ1989 Statutes of Nevada, Page 2352κ
Assembly Joint Resolution No. 5Assemblymen Dini, Myrna Williams, Sader, Sedway, Swain, Evans, Callister, Wisdom, Diamond, Thompson, Gaston, Porter, Adler, Nevin, Schofield, Banner, Arberry, Kissam, Garner, Chowning, Regan, Sheerin, Brookman, Fay, Wendell Williams, Freeman, Spinello, Jeffrey, Triggs, McGaughey, Carpenter, Marvel, Lambert, McGinness, Kerns and Bergevin
FILE NUMBER 174
ASSEMBLY JOINT RESOLUTIONProposing to amend the constitution of the State of Nevada to require that the Governor and the Lieutenant Governor be affiliated with the same political party, to require that they be elected on the same ballot, and to remove the Lieutenant Governor from the position of President of the Senate.
resolved by the assembly and senate of the state of nevada, jointly, That sections 6 and 33 of article 4, section 17 of article 5 and section 22 of article 17 of the constitution of the State of Nevada be amended to read respectively as follows:
[Sec:] Sec. 6. Each House shall judge of the qualifications, elections and returns of its own members, choose its own officers , [(except the President of the Senate),] determine the rules of its proceedings and may punish its members for disorderly conduct, and with the concurrence of two thirds of all the members elected, expel a member.
[Sec:] Sec. 33. The members of the Legislature shall receive for their services, a compensation to be fixed by law and paid out of the public treasury, for not to exceed 60 days during any regular session of the legislature and not to exceed 20 days during any special session convened by the governor; but no increase of such compensation shall take effect during the term for which the members of either house shall have been elected Provided, that an appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars for any general or special session to each member; and Furthermore Provided, that the Speaker of the Assembly [, and Lieutenant Governor, as] and the President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.
[Sec:] Sec. 17. A Lieutenant Governor shall be elected [at the same time and places and in the same manner as the Governor] by the qualified electors and shall be affiliated with the same political party and appear on the same ballot as the Governor, and his term of Office, and his eligibility, shall also be the same. [He shall be President of the Senate, but shall only have a casting vote therein.] A vote for the Governor in any election shall be deemed a vote for the Lieutenant Governor. If during a Vacancy of the office of Governor, the Lieutenant Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of the office, or be absent from the State, the President [pro-tempore] of the Senate shall act as Governor until the vacancy be filled or the disability cease.
Sec. 22. In case the office of any State officer, except a judicial officer, shall become vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appointment by the Governor until it shall be supplied at the next general election, when it shall be filled by election for the residue of the unexpired term.
κ1989 Statutes of Nevada, Page 2353 (FILE NUMBER 174, AJR 5)κ
election for the residue of the unexpired term. If a vacancy occurs in the office of the Lieutenant Governor, the person appointed as Lieutenant Governor by the Governor shall hold office until the next general election in which the Governor is elected.
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Assembly Resolution No. 23Assemblymen Dini, Adler, Arberry, Banner, Bergevin, Bogaert, Brookman, Callister, Carpenter, Chowning, Diamond, DuBois, Evans, Fay, Freeman, Garner, Gaston, Gibbons, Humke, Jeffrey, Kerns, Kissam, Lambert, McGaughey, McGinness, Marvel, Nevin, Porter, Price, Regan, Sader, Schofield, Sedway, Sheerin, Spinello, Spriggs, Swain, Thompson, Triggs, Myrna Williams, Wendell Williams and Wisdom
FILE NUMBER 175
ASSEMBLY RESOLUTIONCommending attaches of the Assembly for their dedicated service during the 65th session of the Legislature.
whereas, The smooth and efficient operation of the Legislature is largely dependent on the quality and dedication of its staff; and
whereas, The attaches of the Assembly, composed of bill clerks, secretaries, sergeants at arms, the ladies on the front desk and other clerical and support staff, have worked diligently and efficiently in their service to members of this body; and
whereas, The bill clerks, arriving at 5 a.m., or earlier, have worked their magic this session without being seen or acknowledged, even though their absence would be noticed immediately; and
whereas, The secretaries and other clerical support have kept minutes, listened to constituents, written letters, organized the offices of legislators and performed countless other important tasks necessary to the operation of this legislature; and
whereas, The sergeant at arms and his staff have pleasantly performed errands, poured coffee, delivered messages and organized the daily files of the Assembly; and
whereas, The ladies on the front desk collectively have a total of 88 years of experience of keeping the business of the legislative session recorded, accurate and flowing; now, therefore, be it
resolved by the assembly of the state of nevada, That the members of the Assembly of the 65th Session of the Nevada Legislature commend and thank Carol L. Moore, Joan E. Anderson, Amy Phelps, Joan Babic, Robert Elliott, Christy Canatsey, Roger Drum, Daisy Daily, Kimberly Fry, Richard Jordan, Charles Van Geel, Jr., Pat Hatch, Betty Day, Michele Easley, Kay Graves, Carolyn Maynick, Iris Bellinger, Becky Boatwright, Sharon Burnham, Terry Cabauatan, Marilyn Cole, Reba Coombs, Bonnie Gabelick, Jane Gill, Elena S. Gunn, Martha Herndon, Frances M. Hill, Darlene Honsberger, Bette Jensen, Kathryn Kramer, Patricia Menath, Dianne Merrithew, Laura Pabon, Cindy Peel, Kathy Pereos, Elizabeth Provine, Carol Dickerson, Susan Hella, Marta Marsh, Yhvona Martin, Carol Martini, Ruth Rodway, Chris Shaw, Rebecca Gay Bellon, Marilyn Maxfield, Carol Walter, Sally Dunfield, Lavelle Johnson, Morse Burley, Mary Carel, Melissa Grace Carel, Don Cummings, Linda Cummings, Bonnie Crawford, Kathleen Jorgenson, William Labadie, Martha Laird, Shanna Pozzi, Sharon Qualls, Jennifer R.
κ1989 Statutes of Nevada, Page 2354 (FILE NUMBER 175, AR 23)κ
Laura Pabon, Cindy Peel, Kathy Pereos, Elizabeth Provine, Carol Dickerson, Susan Hella, Marta Marsh, Yhvona Martin, Carol Martini, Ruth Rodway, Chris Shaw, Rebecca Gay Bellon, Marilyn Maxfield, Carol Walter, Sally Dunfield, Lavelle Johnson, Morse Burley, Mary Carel, Melissa Grace Carel, Don Cummings, Linda Cummings, Bonnie Crawford, Kathleen Jorgenson, William Labadie, Martha Laird, Shanna Pozzi, Sharon Qualls, Jennifer R. Smith, Julene M. Smith, Esther D. Thompson and Ronald Wadsworth.
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Assembly Concurrent Resolution No. 15Committee on Elections
FILE NUMBER 176
ASSEMBLY CONCURRENT RESOLUTIONDirecting the Legislative Commission to study the requirements for reapportionment in Nevada before the legislature convenes in 1991.
whereas, The 66th session of the Nevada Legislature will be required to reapportion the election districts for the members of the legislature, Nevadas members in the United States House of Representatives, the board of regents of the University of Nevada System and the state board of education; and
whereas, The Bureau of the Census of the United States Department of Commerce is required to deliver redistricting data from the decennial census in 1990 to the states not later than April 1, 1991, when the Nevada Legislature already will be in session; and
whereas, The Bureau of the Census will number the entire nation by blocks for the census in 1990 and the number of blocks in this state will increase from 8,965 in 1980 to an estimated 51,700 blocks in 1990; and
whereas, This increase in the amount of data from the census in 1990 and the necessity to accomplish reapportionment in an expeditious manner during the 1991 session will require additional computer software and extensive preparation and testing to allow for the generation and analysis of proposals concerning reapportionment; and
whereas, The reapportionment and the statistical analysis of the data must comply with the current case law and the legal requirements for redistricting; and
whereas, The Nevada Legislature since 1985 has been working with the Bureau of the Census on the Block Boundary Suggestion Program and other programs in preparation for the census in 1990 and the redistricting process; 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 requirements for reapportionment in this state in conjunction with the data from the decennial census of 1990; and be if further
resolved, That the study include:
1. A continuing examination and monitoring of any redistricting systems established or recommended by the 65th session of the Nevada Legislature to be established to accomplish reapportionment, including the requirements for computer equipment and computer software and the training of personnel;
κ1989 Statutes of Nevada, Page 2355 (FILE NUMBER 176, ACR 15)κ
2. A review of the case law concerning the legal requirements for redistricting;
3. A review of the programs concerning planning for reapportionment in other states;
4. The continuation of the states participation in the programs of the Bureau of the Census; and
5. The participation in a program of the Bureau of the Census to increase the awareness of the general public concerning the census to ensure a complete and accurate count of all Nevadans in 1990; and be it further
resolved, That the Legislative Commission may enter into contracts or other necessary agreements to establish and test redistricting programs and computer equipment to provide for the timely and efficient commencement of data processing for reapportionment before the legislature convenes in 1991; and be it further
resolved, That the Legislative Commission report to the 66th session of the Nevada Legislature the results of the study, any action taken in preparation for reapportionment and any recommendations concerning redistricting.
________
Assembly Concurrent Resolution No. 32Assemblymen Evans, Sedway, Marvel, Price, Humke, DuBois, Swain, Kerns, Arberry, Myrna Williams, Callister, Spinello, Porter, Wendell Williams, Jeffrey, Nevin, Freeman, Bogaert, Brookman, Lambert, Adler, Dini, Sheerin, Garner, Chowning, Diamond, Regan, Wisdom, McGinness and Gibbons
FILE NUMBER 177
ASSEMBLY CONCURRENT RESOLUTIONDirecting the Legislative Commission to conduct an interim study on teenage pregnancy in this state.
whereas, Teenage pregnancy rates in Nevada have been found to be among the highest in the country according to a variety of surveys conducted by governmental agencies and private foundations; and
whereas, Because it is estimated that in Nevada, 144 of every 1,000 teenage girls become pregnant, the economic implications directly affect every taxpayer in the state through the Aid to Families with Dependent Children payments that are necessary to support a majority of these young women; and
whereas, Along with the short-term growth in welfare payments that the teenage pregnancy problem causes, the inability of teenage mothers to complete high school and find adequate paying jobs often encourages long-term welfare dependency; and
whereas, Teenage fathers are also affected by premature parenthood which often casts them into the labor force before they are adequately prepared; and
whereas, In order to combat the epidemic proportions of the teenage pregnancy problem, our state must look to a variety of programs, including educational, medical, institutional and legislative approaches that will impede the dramatic rise in the teenage pregnancy rate; now, therefore, be it
κ1989 Statutes of Nevada, Page 2356 (FILE NUMBER 177, ACR 32)κ
educational, medical, institutional and legislative approaches that will impede the dramatic rise in the teenage pregnancy rate; 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 to determine methods to reduce the number of unwanted teenage pregnancies in this state; and be it further
resolved, That the study should include but not be limited to:
1. Determining the adequacy of the educational and social services available to teenagers at risk;
2. Recommending programs which would discourage unwanted teenage pregnancies; and
3. Identifying potential sources of revenue which could be used to finance any recommended programs,
and be it further
resolved, That the Legislative Commission is directed to submit a report of its findings, with any recommended policies, programs and proposed legislation, to the 66th session of the Nevada Legislature.
________
Assembly Concurrent Resolution No. 47Assemblymen Freeman, Brookman, Evans, Myrna Williams, Lambert, Adler, Swain, Price, Nevin, McGinness, Chowning, Wendell Williams, Wisdom, Fay, Diamond, Spriggs, Arberry, Humke, Triggs, Gibbons, DuBois, Kerns, Bergevin, McGaughey, Sader, Thompson, Garner, Sedway, Kissam, Porter, Gaston, Regan, Callister, Bogaert, Schofield, Spinello, Sheerin, Jeffrey, Dini and Carpenter
FILE NUMBER 178
ASSEMBLY CONCURRENT RESOLUTIONDirecting the Legislative Commission to study the availability of affordable child care in this state.
whereas, In an increasing number of families in this country both parents must work to support their family; and
whereas, The number of single-parent families in this country has increased dramatically in the last decade; and
whereas, Many parents who are the sole support of their families require affordable child care if they are to continue to work to support their families; and
whereas, The lack of affordable child care creates an economic hardship for many families; and
whereas, The lack of affordable child care exacerbates a growing labor shortage; 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 comprehensive study of the availability of affordable child care in this state; and be it further
resolved, That the study include:
κ1989 Statutes of Nevada, Page 2357 (FILE NUMBER 178, ACR 47)κ
1. An examination of the methods used in other states to ensure the availability of affordable child care;
2. An examination and evaluation of the programs for child care which are funded or operated by local and state governments;
3. An examination and evaluation of the programs for child care which are funded or operated by private employers and employee organizations; and
4. An evaluation of the projected need for child care in this state;
and be it further
resolved, That the Legislative Commission report the results of it study and any recommended legislation to the 66th session of the Legislature.
________
Assembly Concurrent Resolution No. 52Assemblymen Spinello and Myrna Williams
FILE NUMBER 179
ASSEMBLY CONCURRENT RESOLUTIONDirecting the Legislative Commission to conduct an interim study of the Mental Hygiene and Mental Retardation Division of the Department of Human Resources.
whereas, The services of the Mental Hygiene and Mental Retardation Division of the Department of Human Resources affect many people; and
whereas, Most of the persons served by this division are wards of the state and are, therefore, the responsibility of the state; and
whereas, The efficiency and effectiveness of the management of this division in relation to its treatment of its clients is of the utmost importance to the state; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Legislative Commission is hereby directed to conduct a comprehensive study of the Mental Hygiene and Mental Retardation Division of the Department of Human Resources, its management and its treatment of clients, with particular emphasis on outpatient services and community-based services; and be it further
resolved, That the results of the study and any recommended legislation be submitted to the 66th session of the Legislature.
________
κ1989 Statutes of Nevada, Page 2358κ
Assembly Concurrent Resolution No. 54Assemblymen Sheerin, Dini, Jeffrey, Bergevin, Price, Myrna Williams, McGaughey, Banner, Gaston, Evans, Wisdom, Swain, Spriggs, Garner, Fay, Carpenter, Chowning, Regan, Kerns, Porter, Nevin, Gibbons, Marvel, Brookman, Bogaert, Sedway, Spinello, Callister, DuBois, Schofield, Sader, Thompson, Lambert, Adler, Kissam, Arberry, McGinness, Freeman, Wendell Williams, Triggs, Diamond and Humke
FILE NUMBER 180
ASSEMBLY CONCURRENT RESOLUTIONDirecting the legislative commission, the committee to consult with the legislative counsel, and the legislative counsel to take all actions necessary to ensure that 1,000 bill drafts are completed before the first day of the 66th session of the Nevada Legislature.
whereas, The number of bill drafts requested has increased constantly over the last several sessions, and increased by almost 50 percent in the last two sessions; and
whereas, The expanding duties of the legal division of the legislative counsel bureau during the interim have made it increasingly difficult for the division to keep up with the number of bills requested; and
whereas, As a result of these factors, many bills requested for this session will not be drafted; and
whereas, The legislature has approved various measures this session designed to allow the legal division additional time during the interim to draft bills requested for the 66th session of the Nevada Legislature; and
whereas, The legislative counsel has indicated that these measures, when combined with proposed changes in internal procedures, should allow the legal division to complete approximately 1,000 bill drafts before the first day of the 66th session, as opposed to the 500 that were completed before the start of this session; and
whereas, Such an increase in the production of bills would have a profound, positive effect on the legislative process, by allowing the legislature to address more bills earlier in session and thereby reducing the length of session; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the legislative counsel is directed to take all actions necessary to complete 1,000 bill drafts before the first day of the 66th session of the Nevada Legislature; and be it further
resolved, That the legislative commission and the committee to consult with the legislative counsel are directed to take all actions necessary to allow the legal division to achieve this goal.
________
κ1989 Statutes of Nevada, Page 2359κ
Assembly Concurrent Resolution No. 57Assemblymen Myrna Williams, Brookman, Jeffrey, Spinello, Dini, Lambert, McGaughey, Sedway, Regan, Gibbons, Gaston, Thompson, Swain, Spriggs, Garner, Triggs, Wendell Williams and Adler
FILE NUMBER 181
ASSEMBLY CONCURRENT RESOLUTIONDirecting the Legislative Commission to conduct an interim study of the problems of owners of mobile homes who rent space in mobile home parks.
whereas, The Legislature of the State of Nevada is concerned with the problems of owners of mobile homes who rent space in mobile home parks, especially problems related to the scarcity of spaces in mobile home parks at reasonable rents; and
whereas, This scarcity primarily affects young families and senior citizens who generally cannot afford other housing; and
whereas, The Legislature believes that a study of the particular problems of owners of mobile homes who rent space in mobile home parks 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 conduct an interim study on the problems of owners of mobile homes who rent space in mobile home parks; and be it further
resolved, That the study include evaluation of such issues as:
1. Providing incentives for owners of mobile homes parks to accept older mobile homes in their parks;
2. Developing solutions to the problems encountered by owners of mobile homes with tenancy in mobile home parks who are evicted from mobile home parks and cannot comply with current codes when they attempt to move into other parks because they own older mobile homes;
3. The feasibility and desirability of developing state-owned, low-income parks for those who cannot afford other housing; and
4. Creating incentives for local governments and private industries to develop mobile home parks that provide spaces at reasonable rents;
and be it further
resolved, That the Legislative Commission submit a report of its findings and any recommendations for appropriate legislation to the 66th session of the Legislature.
________
κ1989 Statutes of Nevada, Page 2360κ
Assembly Concurrent Resolution No. 71Committee on Government Affairs
FILE NUMBER 182
ASSEMBLY CONCURRENT RESOLUTIONDirecting the interim retirement committee to conduct a study concerning post-retirement increases and group health insurance for retired public employees.
whereas, It is estimated that the purchasing power of a retired public employee who relies on monthly payments from the public employees retirement system as his only source of income will shrink by approximately one-half from the time of retirement until his death; and
whereas, Less than one-third of the members of the public employees retirement system participate in the public employees deferred compensation program which would supplement their income and maintain their purchasing power during retirement; and
whereas, Many retired public employees also pay premiums to maintain group health insurance coverage for themselves and their dependents; and
whereas, There is a need to increase the post-retirement allowances paid by the public employees retirement system so that retired employees can keep up with the rising cost of living and maintain their purchasing power; and
whereas, The only method to increase such allowances that is currently considered financially feasible is an increase in the rate of contribution to the system by its members; and
whereas, There may be other alternatives which would provide the money for an increase in post-retirement allowances without affecting the financial stability of the public employees retirement system; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the interim retirement committee is hereby directed to conduct or oversee a study to determine:
1. If there are any viable methods available to increase post-retirement allowances other than increasing the rate of contribution to the public employees retirement system;
2. The impact that any methods to increase such allowances would have on the solvency of the public employees retirement fund and the police and firemans fund; and
3. The efficiency, effectiveness and desirability of the current programs or plans of group health insurance that are available for retired public employees;
and be it further
resolved, That the results of the study and any recommended legislation be submitted to the 66th session of the Nevada Legislature.
________
κ1989 Statutes of Nevada, Page 2361κ
Assembly Concurrent Resolution No. 82Committee on Legislative Functions
FILE NUMBER 183
ASSEMBLY CONCURRENT RESOLUTIONAmending the joint rules of the senate and assembly adopted for the 65th legislative session to impose certain limits upon the number of measures a legislator may request after a regular legislative session begins and to regulate the introduction of certain measures.
resolved by the assembly of the state of nevada, the senate concurring, That Rule 14 of the Joint Rules of the Senate and Assembly adopted for the 65th legislative session is hereby amended to read as follows:
14
Limitation on Introduction and Requests for Drafting of Legislative Measures
1. [After the first 10 calendar days of a regular legislative session, requests] Except as otherwise provided in subsection 2, any request submitted , after a regular legislative session has convened, to the legislative counsel for the drafting of [bills and joint resolutions] a bill or resolution will not be honored by the legislative counsel unless the request is approved by:
(a) A two-thirds vote of the members present in the house where it is to be introduced; or
(b) A standing committee of that house if the request was approved by two-thirds of all of the members of the committee.
2. After a regular legislative session has convened, the legislative counsel shall honor not more than 5 requests from each assemblyman and not more than 10 requests from each senator for the drafting of a bill or resolution which has not received the approval required by subsection 1.
3. After the first 10 calendar days of a regular legislative session, bills and [joint] resolutions may be introduced by:
(a) Standing committees without consent.
(b) [A] Except as otherwise provided in subsection 4, a member who had requested the drafting of the bill or [joint] resolution by the legislative counsel before the 11th calendar day of the legislative session.
[3.] 4. The following measures must be introduced by a standing committee:
(a) Measures drafted at the request of agencies and officers of the executive branch of state government, local governments, the courts and other authorized nonlegislative requesters.
(b) Measures requested by interim legislative studies.
(c) Measures requested by a standing committee, or by persons designated to request measures on behalf of a standing committee during the interim. Measures requested by or on behalf of a standing committee must be introduced by that committee.
5. If two or more measures are being considered in the same house which are substantially duplicative, only the measure which has been assigned the lowest number for the purpose of establishing its priority in drafting may be considered, unless the measure with the lowest number is not introduced within 5 days after introduction of a measure with a higher number.
κ1989 Statutes of Nevada, Page 2362 (FILE NUMBER 183, ACR 82)κ
considered, unless the measure with the lowest number is not introduced within 5 days after introduction of a measure with a higher number.
6. A legislator may not change the subject matter of a request for a legislative measure after it has been submitted for drafting.
7. Consent to suspend this rule may be given only by the affirmative vote of a majority of the members elected to the house where it is to be introduced, which must be entered in its journal for that day, and the consent may apply to no more than one bill or [joint] resolution or request for drafting.
________
Assembly Concurrent Resolution No. 91Committee on Transportation
FILE NUMBER 184
ASSEMBLY CONCURRENT RESOLUTIONDirecting the Legislative Commission to study and review certain laws and regulations relating to transportation.
whereas, The regulation of motor carriers is essential to the economy of Nevada and the welfare of its residents; and
whereas, Many of our residents have expressed their concern and dissatisfaction, at public hearings conducted by various committees of the 65th session of the Nevada Legislature, with the manner and efficacy of the regulation of motor carriers by the Public Service Commission of Nevada; and
whereas, In partial response to this public concern and dissatisfaction, the Nevada Legislature has amended the authority of the Public Service Commission of Nevada to regulate motor carriers through the enactment of chapter 202, Statutes of Nevada 1989; and
whereas, A study and review of the manner in which the Public Service Commission of Nevada regulates motor carriers in this state, and the efficacy of that regulation, would provide the Nevada Legislature with invaluable assistance in its determination of whether further statutory amendment is necessary to protect adequately the economy of this state and the welfare of its residents; and
whereas, Recent litigation resulted in an extensive revision of the method of taxing and registering motor carriers in the State of Nevada; and
whereas, The passage of Assembly Bill No. 943 of this session made several related statutory changes; and
whereas, It would be prudent to monitor the effect of these changes on the generation and collection of revenue and the enforcement of the related laws; 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 comprehensive study of the laws relating to transportation, including without limitation, the effect of the changes made by Assembly Bill No 943 and any related matters, including, the feasibility of establishing designated ports of entry and a review of the manner and efficacy of the regulation of motor carriers by the Public Service Commission of Nevada; and be it further
κ1989 Statutes of Nevada, Page 2363 (FILE NUMBER 184, ACR 91)κ
resolved, That the results of the study and review and any recommended legislation be submitted to the 66th session of the Nevada Legislature.
________
Assembly Concurrent Resolution No. 93Committee on Legislative Functions
FILE NUMBER 185
ASSEMBLY CONCURRENT RESOLUTIONProviding for the compensation of the clergy for services rendered to the Assembly and Senate during the 65th session of the Nevada Legislature.
whereas, During the present session of the Nevada Legislature, members of the clergy representing various denominations, have rendered daily religious services to the Assembly and the Senate; and
whereas, The invocations offered by the clergy provided inspiration and guidance for the members of the Legislature to meet the challenges of the 65th session; and
whereas, A reasonable compensation should be provided for such services; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the State Controller is authorized and directed to pay the sum of $25 per service out of the legislative fund to the members of the clergy who have performed religious services for the Assembly and the Senate during the 65th session of the Nevada Legislature.
________
Assembly Concurrent Resolution No. 94Assemblymen Regan, Brookman, Garner, Myrna Williams, Arberry, Wisdom, Gaston, Banner, Schofield, Wendell Williams, Triggs, Kissam, DuBois, Fay, Chowning, Price, Porter, Jeffrey, Callister, Diamond, Kerns, Carpenter, Spinello, Dini, Bergevin, Thompson, Adler, McGaughey, Lambert, Freeman, Sader, Nevin, Bogaert, Gibbons, Marvel, Sheerin, Evans, Swain, Humke and McGinness
FILE NUMBER 186
ASSEMBLY CONCURRENT RESOLUTIONMemorializing popular Las Vegas television personality, Gus Giuffre.
whereas, The members of this Legislature were saddened to learn of the recent passing of long-time Las Vegas resident and television personality, Gus Giuffre; and
whereas, Gus Giuffre moved to Las Vegas from Indianapolis in 1952 because of the dry air and sunny climate; and
whereas, Gus Giuffre began his career as a radio disc jockey for KRAM radio, but his warm personality and charm soon led him to a career as a talk show host for afternoon television movies for 18 years and nighttime television movies for several more years; and
κ1989 Statutes of Nevada, Page 2364 (FILE NUMBER 186, ACR 94)κ
show host for afternoon television movies for 18 years and nighttime television movies for several more years; and
whereas, During the early years of the Muscular Dystrophy telethon, Gus Giuffre became good friends with Jerry Lewis while they shared the master of ceremonies spotlight for the telethon; and
whereas, After Gus suffered a massive heart attack in 1984, Jerry Lewis and other Las Vegas entertainers held a fund-raising party to help pay for Gus overwhelming medical bills; and
whereas, Recently Gus and his wife Elizabeth celebrated their 50th wedding anniversary; and
whereas, Gus Giuffre was a devoted husband, a loving father and a friend to the residents of Las Vegas; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the 65th session of the Nevada Legislature express their sincere condolences to Gus wife Elizabeth, their daughters, Donna Martin of Las Vegas and Toni Beckley of Sterling, Illinois; and be it further
resolved, That a copy of this resolution be prepared by the Chief Clerk of the Assembly and transmitted to Mrs. Elizabeth Giuffre.
________
Senate Resolution No. 14Senators Raggio, Jacobsen, Neal, Beyer, Coffin, Getto, Hickey, Horn, Joerg, Malone, Mello, OConnell, ODonnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 187
SENATE RESOLUTIONCommending the interns of the Senate for their dedicated service during the 65th session of the Legislature.
whereas, The Senate could not function efficiently without the assistance of its dedicated interns; and
whereas, These bright young men and women have displayed exceptional intellect and ability while serving the needs of the Senate during this legislative session; and
whereas, As a result of their dedication and the competent manner in which they performed their duties, the members of the Senate have been able to carry out their responsibilities to the people of this state in a productive manner; now, therefore, be it
resolved by the senate of the state of nevada, That the members of the Senate of the 65th session of the Nevada Legislature commend and thank Robert Amick, Shane Chesney, Roger Cram, Heidi A. Dankle, Ward Farrell, William Harris, Leslie Kibby, Paul Kinney and Gina Myers; and be it further
resolved, That the members of the Senate give special recognition and thanks to Robert Amick and Gina Myers who, through a special program offered by the University of Nevada, Las Vegas, lived in Carson City during the entire legislative session and performed their duties on a daily basis; and be it further
κ1989 Statutes of Nevada, Page 2365 (FILE NUMBER 187, SR 14)κ
the entire legislative session and performed their duties on a daily basis; and be it further
resolved, That copies of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to each legislative intern of the Senate.
________
Senate Resolution No. 15Senators Raggio, Jacobsen, Neal, Beyer, Coffin, Getto, Hickey, Horn, Joerg, Malone, Mello, OConnell, ODonnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 188
SENATE RESOLUTIONCommending the attaches of the Senate for their service during the 65th session of the Legislature.
whereas, A competent and efficient staff is required for a legislative body to perform its duties effectively; and
whereas, The attaches appointed to the Senate for the 65th session of the Legislature have been especially competent and efficient in providing countless services to this body; and
whereas, The services performed by the attaches to the Senate have often demanded long hours and personal sacrifice; and
whereas, The manner and efficiency with which the attaches have served the Senate has enabled the members of the Senate to concentrate, without distraction, on their deliberations; now, therefore, be it
resolved by the senate of the state of nevada, That the members of the Senate of the 65th session of the Nevada Legislature commend and express their gratitude to John Arrascada, Judith Bishop, Elizabeth Bremner, Billie Brinkman, Vernon Bunker, Betty Christensen, Stephanie Clem, Flo Collier, Diane Crawford, Molly Dondero, Theresa Fox, LaVonne Frost, Doris Fry, Diane Gamble, Shirley Hammon, John Hancock, Nancy Hayslip, Lucille Hill, Marilyn Hofmann, Mark Hofmann, Judith Jacobs, Claire Jesse, Dorothy Kelley, Barbara Kightlinger, Susan Kilman, Jane King, Mary McNannay, Janet Meredith, Mary Jo Meyer, MaryJo Mongelli, Barbara Morrow, Ann Moyle, Shirley Murphy, Nadine Nelson, Mary Ellen Patt, Alfred Perondi, Oliver Perondi, Mary Phillips, Joe Pieretti, Ruth Pierini, Gayle Pyle, Ken Rawson, June Riesau, Marjorie Robertson, Derek Rowley, Kim Taber, Joan Thran, Shirley Walker and Garry Wyatt.
________
κ1989 Statutes of Nevada, Page 2366κ
Senate Concurrent Resolution No. 2Senators Raggio, Mello, Horn, Neal, Jacobsen, Rawson, Coffin, Getto and Vergiels
FILE NUMBER 189
SENATE CONCURRENT RESOLUTIONAmending the Joint Rules of the Senate and Assembly for the 65th legislative session to require early introduction of bill drafts requested by state agencies and local governments.
resolved by the senate of the state of nevada, the assembly concurring, That the Joint Rules of the Senate and Assembly as adopted by the 65th session of the Legislature are amended by the following addition:
16
Time Limitations on Introduction of Legislation Requested by State or Local Government.
1. Except as otherwise provided in subsection 2, on the first legislative day, the legislative counsel shall randomly deliver, in equal amounts, all legislative measures drafted at the request of any state agency or department or any local government to the majority leader of the Senate and the speaker of the Assembly for consideration for introduction. Bill drafts delivered pursuant to this subsection may not be introduced after the fifteenth legislative day.
2. Any legislative measure properly requested in accordance with NRS 218.241 and 218.245 by any state agency or department or any local government which has not been drafted before the first legislative day must, upon completion, be immediately and randomly delivered, in equal amounts, by the legislative counsel to the majority leader of the Senate and the speaker of the Assembly for consideration for introduction. Bill drafts delivered pursuant to this subsection may be introduced only during the 15 legislative days following delivery.
________
Senate Concurrent Resolution No. 4Senator Raggio
FILE NUMBER 190
SENATE CONCURRENT RESOLUTIONLimiting the number of requests that may be submitted to the legislative counsel for drafting and regulating the introduction of certain measures.
whereas, The number of requests for bill drafts has increased dramatically over the last several sessions; and
whereas, Limiting the number of requests would reduce the length of session and encourage careful selection of the subjects of legislative requests; and
whereas, Any limitations upon the number of requests must be applied to all requesters, and must be flexible enough to allow the drafting of all necessary measures; now, therefore, be it
κ1989 Statutes of Nevada, Page 2367 (FILE NUMBER 190, SCR 4)κ
resolved by the senate of the state of nevada, the assembly concurring, That the legislative counsel shall honor only the number of requests for the drafting of a bill or a resolution for the 1991 legislative session that are authorized pursuant to this resolution; and be it further
resolved, That each incumbent or newly elected Assemblyman is entitled to request 10 measures before the 1991 session and 5 measures after the session begins; and be it further
resolved, That each incumbent or newly elected Senator is entitled to request 20 measures before the 1991 session and 10 measures after the session begins; and be it further
resolved, That if a legislator does not request all of the measures that he is authorized to request before the 1991 session, he may not request a measure during session from the unused requests authorized for before the session; and be it further
resolved, That the chairman of each standing committee of the 1989 legislative session, or a person designated in the place of the chairman by the Speaker of the Assembly or the Majority Leader of the Senate, as the case may be, is additionally entitled to request before the 1991 session 1 measure in a subject within the scope of the committee and for introduction by the committee for every 10 measures that were referred to the respective standing committee during the 1989 session; and be it further
resolved, That the governor or his designated representative is entitled to transmit to the legislative counsel before the 1991 session no more than 310 measures approved on behalf of state agencies, boards and departments of the executive branch of government pursuant to subsection 1 of NRS 218.245, except that the Department of Administration may request during the legislative session without limitation as many measures as are necessary to implement the budget proposed by the Governor and to provide for the fiscal management of the state; and be it further
resolved, That the constitutional officers are entitled to request no more than the following numbers of measures:
Attorney General....................................................................................................... 35
State Controller............................................................................................................ 5
Secretary of State..................................................................................................... 16
State Treasurer............................................................................................................. 6
and be it further
resolved, That the courts are entitled to request no more than the following numbers of measures:
Supreme Court/Administrative Office of the Courts......................................... 23
Nevada Judges Association....................................................................................... 5
and be it further
resolved, That the requests submitted by the state agencies, boards and departments, local governments, courts and other authorized nonlegislative requesters must be in a subject related to the function of the requester and may only be introduced by a standing committee of the 1991 legislative session; and be it further
resolved, That the chairman of the legislative commission is entitled to request 15 measures with the approval of the commission for matters relating to the affairs of the legislature or its employees, including measures requested by legislative staff; and be if further
κ1989 Statutes of Nevada, Page 2368 (FILE NUMBER 190, SCR 4)κ
to the affairs of the legislature or its employees, including measures requested by legislative staff; and be if further
resolved, That the Secretary of the Senate and the Chief Clerk of the Assembly may request such measures as are necessary or convenient to the proper exercise of their duties; and be it further
resolved, That the Speaker of the Assembly and the Majority Leader of the Senate are each entitled to request 15 measures, and the Minority Leader of the Assembly and the Minority Leader of the Senate are each entitled to request 10 measures, in addition to the number otherwise authorized in this resolution; and be it further
resolved, That the legislative counsel shall not honor requests for measures that have been combined in violation of section 17 of article 4 of the Nevada constitution; and be it further
resolved, That the legislative counsel shall, as nearly as practicable, draft the same number of measures for each of the respective houses before the beginning of the 1991 legislative session, and not less than 200 measures for each house, unless all measures requested by one house have been completed; and be it further
` resolved, That there are no limitations upon the number of measures that may be recommended by interim legislative studies, but such measures must be introduced by a standing committee of the 1991 legislative session; and be it further
resolved, That there are no limitations upon the number of measures that may be requested by a standing committee during session; and be it further
resolved, That the legislative counsel shall not assign a number to a request for a legislative measure for the purpose of establishing its priority until sufficient detail has been submitted to allow complete drafting of the measure; and be it further
resolved, That a legislator may not change the subject matter of a request for a legislative measure after it has been submitted for drafting; and be it further
resolved, That if two or more measures are being considered in the same house which are substantively duplicative, only the measure which has been assigned the lowest number for the purpose of establishing its priority in drafting may be considered, unless the measure with the lowest number is not introduced within 5 days after introduction of a measure with a higher number.
________
κ1989 Statutes of Nevada, Page 2369κ
Senate Concurrent Resolution No. 5Senators Malone, Raggio, Jacobsen, Getto, Rawson, ODonnell and OConnell
FILE NUMBER 191
SENATE CONCURRENT RESOLUTIONDirecting the Legislative Counsel Bureau to conduct an interim study of the classification of peace officers.
whereas, The population of the State of Nevada has increased rapidly, the rate of crime has also increased, and there has been a corresponding increase in the number and types of law enforcement officers to combat the growth of crime; and
whereas, More than 30 classifications of officers and employees of state and local governments must be certified by the peace officers standards and training committee, pursuant to NRS 481.054; and
whereas, Many regulatory agencies within the state have petitioned the Legislature to redefine their status as peace officers as it relates to their limited authority as peace officers; and
whereas, Each session the Legislature received additional requests for expanded status and authority for peace officers; and
whereas, During the 65th session, members of the Nevada Legislature have expressed concerns about the proliferation of police powers by governmental and private entities and a desire to curtail this proliferation; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Director of the Legislative Counsel Bureau is instructed to direct a study of the classification of peace officers in conjunction with the Nevada Sheriffs and Chiefs Association, The Nevada Conference of Police and Sheriffs, The Peace Officers Research Association of Nevada and the office of the Attorney General; and be it further
resolved, That the Director of the Legislative Counsel Bureau report the findings and any recommendations to the 66th session of the Nevada Legislature.
________
Senate Concurrent Resolution No. 24Senators Smith, Getto, Rawson, OConnell, Beyer, Coffin, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, ODonnell, Raggio, Rhoads, Shaffer, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 192
SENATE CONCURRENT RESOLUTIONDirecting the Legislative Commission to conduct an interim study of the laws, regulations and policies relating to water and waste water resources of this state.
whereas, The effective use of the water and waste water resources in this state are essential for the states continued growth and prosperity; and
whereas, The demand for water in this state continued to grow each year; and
κ1989 Statutes of Nevada, Page 2370 (FILE NUMBER 192, SCR 24)κ
whereas, Many parts of the state have experienced severe drought conditions for several years; and
whereas, The neighboring state of California has experienced similar growth in population and depletion of its water resources; and
whereas, The State of Nevada and the State of California should develop long-term comprehensive plans for the use and conservation of water; and
whereas, The laws and regulations concerning the states water and waste water resources have been revised for many years without a comprehensive review of the policies concerning those revisions; and
whereas, The need for a comprehensive study of the laws, regulations and policies concerning water and waste water resources becomes more important as the state continues to grow; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Legislative Commission is hereby directed to conduct a comprehensive study of the laws, regulations and policies relating to water and waste water resources of this state; and be it further
resolved, That the legislative commission is hereby directed to appoint three advisory committees with members from both the public and private sectors to provide information and make recommendations on issues concerning water which affect Clark County, Washoe County and the other areas of the state; and be it further
resolved, That the legislative commission is hereby directed to appoint the members of the study and designate one member as chairman and three members to serve as vice chairman, each of whom must be assigned to chair one of the advisory committees appointed by the commission pursuant to this resolution; and be it further
resolved, That the study include, but not be limited to:
1. An assessment of the water resources of this state, including a determination of the per capita consumption of water resources in the various areas of the state;
2. An evaluation of the policies of this state concerning water, including an assessment of the state and local programs for the conservation of water and waste water resources in this state;
3. The feasibility of interbasin and interregional transfer or exchange of water and waste water resources within this state and between this state and other states;
4. An evaluation of the intergovernmental cooperation concerning the treatment, delivery and allocation of water and waste water resources of this state;
5. An analysis of the available methods used by the state, local governments and private suppliers to balance the supply and demand for water in this state;
6. The planning and development of water resources and an analysis of the available methods for balancing the supply and demand for water in this state; and
7. Proposals for the storage of water;
and be it further
κ1989 Statutes of Nevada, Page 2371 (FILE NUMBER 192, SCR 24)κ
resolved, That the Legislative Commission report the results of its study and any recommended legislation to the 66th session of the Nevada Legislature.
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Senate Concurrent Resolution No. 41Committee on Finance
FILE NUMBER 193
SENATE CONCURRENT RESOLUTIONDirecting the Legislative Commission to conduct an interim study of traumatic head injuries.
whereas, There are people in the state who have suffered traumatic head injuries and who do not receive support from any source; and
whereas, There would be a significant cost to the establishment of a program for the treatment of traumatic head injuries; and
whereas, The coordination of services and available resources is necessary to ensure the success of a program for the treatment of traumatic head injuries; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Legislative Commission is hereby directed to conduct an interim study of the treatment of traumatic head injuries; and be it further
resolved, That the Legislative Commission report the results of the study and any recommended legislation to the 66th session of the Nevada Legislature.
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Senate Concurrent Resolution No. 44Senators Rhoads, Raggio, Rawson, Jacobsen, Mello, Hickey and Beyer
FILE NUMBER 194
SENATE CONCURRENT RESOLUTIONRequiring an interim study of the state budget process.
whereas, The State of Nevada has grown from 488,000 residents in 1969 to over 1,000,000 residents today; and
whereas, The biennial budget, which is reviewed by the Legislature for the State of Nevada, has grown from $397 million in 1969 to over $3.9 billion in 1989; and
whereas, The diversity and complexity of the services provided by the state to its residents has grown proportionately to the growth in the budget and the population; and
whereas, The executive budget has grown from 230 budgets in 1969 to 445 budgets in 1989 and from 551 pages in 1969 to 1,498 pages in 1989; and
κ1989 Statutes of Nevada, Page 2372 (FILE NUMBER 194, SCR 44)κ
whereas, The format of the current budget document has not changed since 1969 even though the size and complexity of the states programs have changed; and
whereas, The current budget process starts in June of every even-numbered year and ends when the Legislature adjourns sine die in odd-numbered years; and
whereas, Budget approval is the process whereby the Legislature exercises its constitutional obligation to reflect the needs and wishes of the residents of this state in the allocation of its financial resources; and
whereas, Todays legislator, with the help of modern technology and professional services of a staff, is well-equipped to provide timely and relevant input into the budget process; and
whereas, There is currently no opportunity for the Legislature to review budget proposals of the Governor before the beginning of the Legislative session and the length of the session is often determined by the length of the budget-review process; and
whereas, The budget process should not focus on narrow year-to-year policy decisions, but should evaluate efforts in the past and formulate budgets giving consideration to the long-term effect; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the committee to study the state budget process is hereby created and directed to conduct a comprehensive study of the state budget process; and be it further
resolved, That the study include an examination, review and evaluation of:
1. The current budget process including the documents used and the chronology of the process;
2. The format of the executive budget;
3. The method for the Governor to recommend any new programs or revenues;
4. The budget review process and the documents used in selected other states;
5. The proper role of the Legislature in the budget process and its influence on the outcome of the approved biennial budget and how that role can be enhanced;
6. Long-range planning techniques currently used or which need to be used;
7. The capital budget process;
8. The establishment of measurable indicators of program performance by the various state agencies;
9. The establishment of agency and program goals; and
10. The appropriate role of the Governor and the Legislature in the budget process;
and be it further
resolved, That the committee to study the state budget process consists of eight members including:
1. Six voting members, three Assemblymen appointed by the Speaker of the Assembly and three Senators appointed by the Majority Leader of the Senate; and
κ1989 Statutes of Nevada, Page 2373 (FILE NUMBER 194, SCR 44)κ
2. Two nonvoting members, one who is employed by the Fiscal Analysis Division of the Legislative Counsel Bureau and one who is appointed by the Director of the Budget Division of the Department of Administration and is employed by the Budget Division;
and be it further
resolved, That the committee to study the state budget process report its findings and any recommendations to the 66th session of the Nevada Legislature.
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Senate Concurrent Resolution No. 46Senators Wagner, Smith, Joerg, Horn, Neal and Titus
FILE NUMBER 195
SENATE CONCURRENT RESOLUTIONDirecting the Legislative Commission to conduct an interim study of alternative methods of resolving disputes.
whereas, The calendar of the courts of this state have become burdened with a voluminous caseload; and
whereas, Many persons desire alternatives to litigation in the traditional setting of a courtroom, such as mediation, arbitration and expedited court procedures, because of the rising costs of litigation and the growing delay in the time before litigation is resolved; and
whereas, Mitigation serves as an alternative to litigation which may result in the saving of time and money in the resolution of various problems encountered by the residents of this state and would thereby serve the interests of justice; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Legislative Commission is hereby directed to conduct an interim study of alternative methods of resolving disputes; and be it further
resolved, That the Legislative Commission report the results of the study and any recommended legislation to the 66th session of the Nevada Legislature.
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Senate Concurrent Resolution No. 47Committee on Legislative Affairs and Operations
FILE NUMBER 196
SENATE CONCURRENT RESOLUTIONDirecting the Legislative Commission to conduct an interim study of bicycle safety and bicycle trails in this state.
whereas, Nevada is one of the fastest growing states in the nation; and
whereas, Riding bicycles is an inexpensive way to get exercise and stay in shape; and
κ1989 Statutes of Nevada, Page 2374 (FILE NUMBER 196, SCR 47)κ
whereas, Bicycle riding is good for the riders cardiovascular system and health; and
whereas, The quality of life in our state is improved by providing safe routes for bicycle riders; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Legislative Commission is hereby directed to appoint a subcommittee to conduct an interim study on the use of bicycles in this state; and be it further
resolved, That the study include an evaluation of:
1. The current status of bicycle safety;
2. The feasibility of mandatory licensing of bicycles and the use of fees for licensing, established and collected at the local level, to support programs of bicycle safety;
3. The desirability of establishing a statewide master plan of bicycle trails, to be established and carried out by the department of transportation; and
4. The cost of carrying out such a plan;
and be it further
resolved, That the subcommittee be comprised of three members of both houses of the Legislature; and be it further
resolved, That the results of the study and any recommended legislation be reported to the 66th session of the Legislature.
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Senate Concurrent Resolution No. 52Committee on Finance
FILE NUMBER 197
SENATE CONCURRENT RESOLUTIONDirecting the Legislative Commission to conduct an interim study of the Youth Services Division and the juvenile justice system in Nevada.
whereas, The State of Nevada is experiencing a rapid rate of growth in its population and a corresponding increase in the number of children entering its system of juvenile justice; and
whereas, This increase in the demand upon our system of juvenile justice is being further enhanced by expanding activities of gangs and the abuse of drugs by young persons; and
whereas, This unprecedented burden upon our system of juvenile justice is obstructing the desirable goal of placing youthful offenders in the least restrictive environment appropriate to the offense committed and has instead necessitated the placement of youthful offenders in any facility available, sometimes requiring the placement of male and female offenders at the same location; and
whereas, Increases in costs for the placement and rehabilitation of youthful offenders, together with the expanding need for and the unavailability of sufficient programs and facilities, has created a crisis for state and local government; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Legislative Commission is hereby directed to conduct an interim study of the Youth Services Division of the Department of Human Resources and the system of juvenile justice in Nevada, including the detention, probation, parole and education of youthful offenders; and be it further
κ1989 Statutes of Nevada, Page 2375 (FILE NUMBER 197, SCR 52)κ
interim study of the Youth Services Division of the Department of Human Resources and the system of juvenile justice in Nevada, including the detention, probation, parole and education of youthful offenders; and be it further
resolved, That the study include an evaluation of:
1. The estimated number of youthful offenders to be served in the future, the expected severity of their offenses and the projected costs for placement and rehabilitation;
2. The demand created by youthful offenders upon the judicial system of this state, and the ability of the state to provide adequate facilities, services and funding for placement and rehabilitation;
3. The operation of the Youth Services Division of the Department of Human Resources, the types of youthful offenders it serves and its ability to manage the caseload;
4. Existing state and county facilities and services for the placement and rehabilitation of youthful offenders, including the respective methods of management, costs of operation and sources of funding;
5. Current alternatives for the placement and rehabilitation of youthful offenders in the community, including the cost and availability of those alternatives; and
6. Possible alternatives for the future placement and rehabilitation of youthful offenders, considering the expected cost of and demand for adequate facilities and services;
and be it further
resolved, That the results of the study and any recommended legislation be reported to the 66th session of the Nevada Legislature.
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Senate Concurrent Resolution No. 58Committee on Commerce and Labor
FILE NUMBER 198
SENATE CONCURRENT RESOLUTIONDirecting the Legislative Commission to conduct an interim study of health insurance benefits required by law and self-insured employers.
whereas, Nevada law currently requires policies of health insurance to provide coverage for home health care, the treatment of alcohol and drug abuse, medical care rendered in hospices, surgical mastectomies, complications of pregnancy and medical care for newly born children; and
whereas, Legislation has been introduced during this session that would require policies of health insurance to provide coverage for the treatment of infertility, care rendered by homeopathic physicians, chiropractors and physical therapists, measures for the prevention of breast cancer, routine child care and measures to prevent fetal defects; and
whereas, Self-insured employers do not always provide such benefits, though their employees may wish to have such benefits; and
κ1989 Statutes of Nevada, Page 2376 (FILE NUMBER 198, SCR 58)κ
whereas, It appears that such benefits will continue to be mandated because of the demand for high-quality health care and the rising cost of such care; and
whereas, The unregulated billing practices of certain providers of health care may also be contributing to the increase in the cost of health care; and
whereas, Mandated benefits increase the cost of health insurance and may also contribute to increases in the cost of health care; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Legislative Commission is hereby directed to conduct an interim study of:
1. Health insurance benefits required by law;
2. The effects of currently required and any proposed future health insurance benefits on the cost of health care and health insurance;
3. Laws governing employers who are self-insured;
4. Any problems concerning health insurance experienced by the employees of employers who are self-insured; and
5. The effects of current billing practices of providers of health care, other than hospitals, on the cost of health care;
and be it further
resolved, That this study be conducted by a subcommittee appointed by the Legislative Commission, to be composed of:
1. The Chairman of the Senate Standing Committee on Commerce and Labor, who shall serve as chairman of the subcommittee;
2. Two Senators who are members of the Senate Standing Committee on Commerce and Labor; and
3. Three Assemblymen who are members of the Assembly Standing Committee on Commerce;
and be it further
resolved, That the Legislative Commission report the results of the study and any recommended legislation to the 66th session of the Nevada Legislature.
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Senate Concurrent Resolution No. 61Committee on Finance
FILE NUMBER 199
SENATE CONCURRENT RESOLUTIONRequiring an interim study of the merit pay program of the University of Nevada System.
whereas, The merit pay program of the University of Nevada System was intended to recognize and reward certain personnel of the University of Nevada System for their outstanding achievements; and
whereas, For the past several years the purpose and implementation of the program have been subjects of diverse interpretations and controversy; and
whereas, The continuing controversy concerning the program may undermine the legislatures commitment to improving the quality of higher education in this state; now, therefore, be it
κ1989 Statutes of Nevada, Page 2377 (FILE NUMBER 199, SCR 61)κ
resolved by the senate of the state of nevada, the assembly concurring, That the committee to study the merit pay program of the University of Nevada System is hereby created; and be it further
resolved, The committee consists of:
1. The chairman of the Interim Finance Committee who shall serve as chairman of the committee;
2. The vice chairman of the Interim Finance Committee who shall serve as vice chairman of the committee;
3. Two members of the Senate Committee on Finance appointed by the Majority Leader of the Senate;
4. Two members of the Senate Committee on Human Resources and Facilities appointed by the Majority Leader of the Senate;
5. Two members of the Assembly Committee on Ways and Means appointed by the Speaker of the Assembly; and
6. Two members of the Assembly Committee on Education appointed by the Speaker of the Assembly;
and be it further
resolved, That the study include, but not be limited to:
1. An examination of the creation and implementation of the existing merit pay program of the University of Nevada System;
2. An examination of the criteria used for determining the amount and recipients of the merit pay increases;
3. An examination of the method of applying the program within the community colleges;
4. An examination of the feasibility of using salary increases, longevity pay or other adjustments to supplement or replace the program;
5. An examination to determine whether the program should be limited to teaching personnel or whether it should continue to include the administrators of the University of Nevada System; and
6. An examination of the merit pay or other salary enhancement programs at other colleges and universities;
and be it further
resolved, That the Director of the Legislative Counsel Bureau is hereby directed to provide the committee with such staff as is necessary to carry out the duties of the committee; and be it further
resolved, That the members of the committee are entitled to receive the salary provided for a majority of the members of the legislature during the first 60 days of the preceding session and the per diem allowance and travel expenses provided for state officers and employees generally for each days attendance at a meeting of the committee; and be it further
resolved, That the salaries, per diem allowances and travel expenses must be paid from the legislative fund; and be it further
resolved, That the committee report the results of its study and any recommended legislation to the Interim Finance Committee not later than September 1, 1990.
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κ1989 Statutes of Nevada, Page 2378κ
Senate Concurrent Resolution No. 63Senators Raggio, Neal, Beyer, Coffin, Getto, Hickey, Horn, Joerg, Malone, Mello, OConnell, ODonnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Vergiels and Wagner
FILE NUMBER 200
SENATE CONCURRENT RESOLUTIONCommending Senator Lawrence E. Jacobsen for his service as chairman and member of the Legislative Commission.
whereas, Senator Lawrence E. Jacobsen has served as a member of the Senate and Assembly of the Nevada Legislature for more than 25 years, including 14 regular and 6 special sessions of the Legislature; and
whereas, Senator Jacobsen has served as a member of the Legislative Commission for more than 20 years and acted as chairman from June 1987 until June 1989; and
whereas, As chairman of the Legislative Commission, Senator Jacobsen demonstrated the qualities of fairness, honesty and leadership that have served him well throughout his legislative career; and
whereas, During his tenure as chairman of the Legislative Commission, Senator Jacobsen devoted countless hours supervising the renovation of the legislative building; and
whereas, Senator Jacobsen has taken a personal interest in the grounds surrounding the legislative building by devoting many hours of time and, on many occasions, providing his own tools and labor for the improvement and maintenance of the grounds; and
whereas, Because of his leadership and enthusiasm and the hard work of many people, the grounds provide a beautiful setting for the legislative building and are a source of pride for the residents of this state; and
whereas, While serving as chairman of the Legislative Commission, Senator Jacobsen also served as co-chairman of the 1988 annual meeting of the National Conference of State Legislatures in Reno; and
whereas, As a result of his leadership as a host of the annual meeting of the National Conference of State Legislatures, the meeting was the most successful meeting in its history; and
whereas, Senator Jacobsen, as a member of the Legislative Commission and as a delegate to the numerous legislative conferences and conventions he has attended, has served this state with honor and distinction; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the members of the Legislature express their heartfelt appreciation and admiration for their distinguished colleague, Senator Lawrence E. Jacobsen, for his many years of dedicated service as a member and chairman of the Legislative Commission; and be it further
resolved, That the Secretary of the Senate transmit a copy of this resolution to Senator Lawrence E. Jacobsen.
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κ1989 Statutes of Nevada, Page 2379κ
Assembly Joint Resolution No. 43Committee on Government Affairs
FILE NUMBER 201
ASSEMBLY JOINT RESOLUTIONUrging Congress to allow members of the Armed Forces covered by the Vietnam Era Veterans Readjustment Assistance Act of 1974 a period of 10 years to use educational benefits.
whereas, Returning to the civilian work force after serving in the Armed Forces usually requires additional training and education because in many cases the veteran has served in the Armed Forces during his college years; and
whereas, Educational and training benefits offered by the Federal Government to veterans of the Armed Forces have always been a wise investment because of the benefit society receives as a result of having more of its population possessing higher education, allowing the veteran to obtain better jobs and better pay; and
whereas, Veterans need and deserve the opportunity for a chance to become readjusted to the civilian work force because military skills and training are often not adaptable to the civilian workplace; and
whereas, Expiration of the Vietnam Era Veterans Readjustment Assistance Act of 1974 will leave many veterans without the benefit of being able to use the 10-year period generally granted veterans after release from service in the Armed Forces to use their educational benefits; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the Nevada Legislature hereby urges the Congress of the United States to extend the deadline contained in the Vietnam Era G.I. Bill to allow veterans of the Vietnam era 10 years within which to use the educational benefits contained therein; and be it further
resolved, That a copy of this resolution be transmitted forthwith by the Chief Clerk of the Assembly 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 and each member of the Nevada Congressional Delegation; and be it further
resolved, That this resolution becomes effective upon passage and approval.
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