[Rev. 2/12/2019 1:45:49 PM]
RESOLUTIONS AND MEMORIALS
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ê1991 Statutes of Nevada, Page 2475ê
RESOLUTIONS AND MEMORIALS
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Senate Joint Resolution No. 1–Senators Shaffer, Vergiels, Raggio, Adler, Coffin, Cook Getto, Glomb, Hickey, Horn, Jacobsen, Nevin, O’Connell, O’Donnell, Rawson, Rhodes, Smith, Titus, Townsend and Tyler
FILE NUMBER 1
SENATE JOINT RESOLUTION–Commending President Bush, Congress and Nevadans for their roles in the Persian Gulf crisis and expressing support for the United States’ actions involving Operation Desert Shield and Operation Desert Storm.
whereas, The terrorist regime of Saddam Hussein scorned the principles of justice that underpin peaceable nations and renounced international law by invading its nonviolent neighbor, Kuwait; and
whereas, To persuade Iraq to withdraw from Kuwait, the United Nations Secretary Council adopted resolutions instituting economic sanctions against Iraq and, in the absence of a timely Iraqi withdrawal, authorizing the use of military force to remove Iraqi forces from Kuwait; and
whereas, In open contempt of the resolutions of the United Nations Security Council, Iraq refused to restore Kuwait’s independence; and
whereas, The Armed Forces of the United States of America, alongside military forces of many other nations in Operation Desert Shield and, subsequently, Operation Desert Storm, have courageously undertaken the task of liberating Kuwait and otherwise implementing the resolutions of the United Nations Security Council; and
whereas, More than 430 Nevadans are currently serving in the Persian Gulf including members of the Army Hospital Unit from Reno, the Marine Corps Reconnaissance Unit from Stead, the 72nd Military Policy Company from Las Vegas and Ely and the 152nd Tactical Reconnaissance Group of the Nevada Air National Guard and other members of the Air Force, Army, Marine Corps and Naval Reserves; and
whereas, The 152nd Tactical Reconnaissance Group of the Nevada Air National Guard, one of the groups that participated in the first wave air strike against Iraq, is recognized as the best in the world after having won the 1990 Worldwide Reconnaissance Air Meet; and
whereas, This Legislature’s own Lt. Col. Jim Gibbons is presently serving proudly with the 152nd Tactical Reconnaissance Group in the Persian Gulf; and
whereas, The actions taken by the President, Congress and all Americans participating in Operation Desert Storm will help to establish a community of nations in which unprovoked aggression is not tolerated; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Legislature of the State of Nevada hereby expresses full support for the President of the United States of America, in his capacity as Commander in Chief, in committing American military forces to the goal of liberating Kuwait and ensuring that the resolutions of the United Nations Security Council are fully complied with by Iraq; and be it further
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ê1991 Statutes of Nevada, Page 2476 (FILE NUMBER 1, SJR 1)ê
Commander in Chief, in committing American military forces to the goal of liberating Kuwait and ensuring that the resolutions of the United Nations Security Council are fully complied with by Iraq; and be it further
resolved, That this Legislature commends President George Bush for his forthright and decisive actions in connection with the Persian Gulf crisis and Congress for its support of the President during this crisis; and be it further
resolved, That this Legislature commends the Nevadans serving in the Armed Forces in connection with the Persian Gulf crisis and the Nevadans in the communities of this state who have provided tremendous support across the miles to their loved ones, employees or fellow Nevadans who are involved in the Persian Gulf Crisis; and be it further
resolved, That a copy of this resolution be transmitted by the Secretary of the Senate 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 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. 1–Assemblymen Dini and McGaughey
FILE NUMBER 2
ASSEMBLY CONCURRENT RESOLUTION–Adopting the Joint Rules of the Senate and Assembly for the 66th 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 65th session are adopted, with the following changes, as the Joint Rules of the Senate and Assembly for the 66th session of the Legislature:
1. Rule 6 is hereby amended to read as follows:
6
PRINTING
Each House may order the printing of bills introduced, reports of its own committees, and other matter pertaining to that House only; but no other printing may be ordered except by a concurrent resolution passed by both Houses. Each Senator is entitled to the free distribution of four copies of each bill introduced in each House, and each Assemblyman to such a distribution of two copies. Additional copies of such bills may be distributed at a charge to the person to whom they are addressed . [of $70 for] The amount charged for distribution of the additional copies must be determined by the Director of the Legislative Counsel Bureau to approximate the cost of handling and postage for the entire session.
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ê1991 Statutes of Nevada, Page 2477 (FILE NUMBER 2, ACR 1)ê
the Legislative Counsel Bureau to approximate the cost of handling and postage for the entire session.
2. Rule 9 is hereby amended to read as follows:
9
ADJOURNMENT
1. In calculating the permissible duration of an adjournment for 3 days or less, the day of adjournment [shall] must not be counted but the day of the next meeting [shall] must be counted, and Sunday [shall] must not be counted.
2. The Legislature may adjourn for more than 3 days by concurrent resolution. One or more such adjournments, for a total of not more than 20 days during any regular session, may be taken to permit standing committees, select committees or the Legislative Counsel Bureau to prepare the matters respectively entrusted to them for the consideration of the Legislature as a whole.
3. In addition to any adjournment taken pursuant to subsection 2, after the first 19 calendar days of a regular legislative session, the Legislature shall adjourn until the 36th calendar day of the regular session. During this adjournment, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means shall hold hearings in both the mornings and afternoons to consider the budgets of the major agencies of the state. The two committees shall, when practicable, meet jointly while maintaining majorities of both committees. During this adjournment all other standing committees may hold hearings at any place in the state on legislative measures or on any general topic which is pertinent to possible legislative action.
4. During the adjournment taken pursuant to subsection 3:
(a) Notwithstanding the provisions of Senate Standing Rule No. 92 and Assembly Standing Rule No. 92, an agenda may be revised by the chairman of a committee to add or delete any item at any time on the day before the meeting. The revised agenda must be posted at the place of the meeting, and must appear in the daily history when the Legislature reconvenes.
(b) Actions taken by committees have the same effect as actions taken while the Legislature is in session.
3. Rule 17 is hereby added to read as follows:
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ê1991 Statutes of Nevada, Page 2478 (FILE NUMBER 2, ACR 1)ê
17
LIMITATIONS ON DATE OF FIRST
AND LAST JOINT BUDGET HEARINGS, DATE OF
PASSAGE OF APPROPRIATION AND AUTHORIZATION
BILLS AND LENGTH OF REGULAR SESSION
1. The first joint meeting of the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means to consider the budgets of the agencies of the state must be held on or before the 92nd calendar day of the regular session.
2. The last joint meeting of the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means to consider the budgets of the agencies of the state must be held on or before the 117th calendar day of the regular session.
3. All general appropriation and authorization bills must be finally passed by both houses on or before the 124th calendar day of the regular session.
4. The Legislature shall adjourn sine die on or before the 131st calendar day of the regular session.
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Assembly Concurrent Resolution No. 2–Assemblymen Price, Dini, Anderson, Arberry, Bache, Bayley, Bennett, Bergevin, Callister, Carpenter, Elliott, Evans, Freeman, Garner, Giunchigliani, Goetting, Gregory, Haller, Hardy, Heller, Humke, Johnson, Kerns, Krenzer, Lambert, Little, McGaughey, McGinness, Marvel, Norton, Petrak, Pettyjohn, Porter, Sader, Scherer, Spitler, Spriggs, Stout, Myrna Williams, Wendell Williams, and Wong
FILE NUMBER 3
ASSEMBLY CONCURRENT RESOLUTION–Honoring the men and women of Nevada who are serving in the United States Armed Forces in Operation Desert Storm in the Persian Gulf area.
whereas, The invasion of Kuwait on August 2, 1990, by Saddam Hussein of Iraq destabilized the entire Middle East region and threatened the world community; and
whereas, The aggressor forces of Iraq defied several United Nations resolutions by continuing to occupy and pillage Kuwait; and
whereas, The United States of America, acting in concert with the United Nations to uphold the rights and liberties of people everywhere, has deployed its own Armed Forces to the region to join the allied forces identified as Operation Desert Shield, and subsequently, Operation Desert Storm; and
whereas, Many men and women of Nevada, as members of the United States Armed Forces in the Persian Gulf area, are gallantly participating in the Operations; and
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ê1991 Statutes of Nevada, Page 2479 (FILE NUMBER 3, ACR 2)ê
whereas, Our friend and colleague, former Assemblyman Jim Gibbons, is proudly serving amongst out gallant troops and is the first Nevada legislator in history to have resigned his legislative office to perform this patriotic duty; and
whereas, All of these brave Nevada servicemen and women have made great sacrifices of themselves and of their families to preserve global order and liberty; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature sends its profoundest wishes and prayers to our servicemen and women in the Persian Gulf area for a swift, successful and peaceful conclusion to this military operation and their safe return home to Nevada; and be it further
resolved, That the Nevada Legislature hereby honors those intrepid and heroic men and women of Nevada who have participated in Operation Desert Shield and Operation Desert Storm; and be it further.
resolved, That a copy of this resolution be transmitted by the Chief Clerk of the Assembly to Mrs. Jim Gibbons, the Adjutant General of the Nevada National Guard and the commanding officer of Nellis Air Force Base.
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Assembly Resolution No. 1–Assemblymen Dini and McGaughey
FILE NUMBER 4
ASSEMBLY RESOLUTION–Adopting the Standing Rules of the Assembly for the 66th session of the Legislature.
resolved by the assembly of the state of nevada, That the Assembly Standing Rules as amended by the 65th session are adopted, with the following changes, as the Standing Rules of the Assembly for the 66th 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, [fourteen] fifteen members.
2. Judiciary, fourteen members.
3. Taxation, eleven members.
4. [Elections, nine members.
5. Education, thirteen members.
6.] Education, eleven members.
5. Legislative Functions [, eleven members.
7.] and Elections, thirteen members.
6. Natural Resources, Agriculture and Mining, eleven members.
[8.] 7. Labor and Management, [nine members.
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ê1991 Statutes of Nevada, Page 2480 (FILE NUMBER 4, AR 1)ê
9.] eleven members.
8. Transportation, nine members.
[10. Commerce, fourteen members.
11. Economic Development, Small Business and Tourism, eleven members.
12.] 9. Commerce, thirteen members.
10. Health and Welfare, eleven members.
[13.] 11. Government Affairs, [fourteen] thirteen members.
2. Rule 44 is hereby amended to read as follows:
44
Committee on Legislative Functions [.] and Elections.
The Committee on Legislative Functions and Elections has jurisdiction over matters relating to personnel. It shall recommend by resolution the appointment of all attaches or employees of the Assembly not otherwise provided for by law. It may suspend or remove any such attache or employee for incompetency or dereliction of duty. It shall function as the Committee on Rules and as the Committee on Credentials of the Assembly.
3. Rule 45 is hereby amended to read as follows:
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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 [.] and Elections. 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 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 committee’s 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.
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ê1991 Statutes of Nevada, Page 2481 (FILE NUMBER 4, AR 1)ê
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.
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Assembly Resolution No. 2–Committee on Legislative Functions and Elections
FILE NUMBER 5
ASSEMBLY RESOLUTION–Providing 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 his warrants therefor on the legislative fund, and the State Treasurer is thereafter authorized to pay these warrants.
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Assembly Resolution No. 3–Committee on Legislative Functions and Elections
FILE NUMBER 6
ASSEMBLY RESOLUTION–Providing 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 66th session of the Legislature of the State of Nevada: Carol Moore, Joan Anderson, Amy Phelps, Jane Gill, Betty Day, Carol Martini, Cindy Southerland, Kay Graves, Laverna Marwin, Carolyn Maynick, Michael Barclay, Charles Van Geel, Jr., Jill Erickson, Jason Hataway, Jennifer Meredith, Scott Ruedy, Patricia Hatch, Christine Shaw, Lucinda Benjamin, Kimberly Fry, Marcia Warne, Marilyn Cole, Donna Calhoun, Laura Pabon, Betty Wills, Lula Collins, Iris Bellinger, Susan Hella, Kathy Pereos, Barbara Doke, Patricia Baltz, Gloria Lohner, Dianne Laird, Sherree Koehler, Rebecca Boatwright, Reba Coombs, Dale Gray, Launa Martin, Patricia McDaniel, Cheryl Thurston, Patricia Menath, Martha Bowers, April Carino, Kathleen Day, Carol Dickerson, Maureen Francisco, Judy Gyarmathy, Frances Hill, Colleen Janes, Constance Lewis, Paulette Simpson, Marlene Staub, Donna Watt, Marcelene Wehry, Robin Valentine-Kindred, Sally Dunfield, Lavelle Johnson, Morse Burley, Mary Carel, James Coffin, Edward Cordisco, Jr.,
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ê1991 Statutes of Nevada, Page 2482 (FILE NUMBER 6, AR 3)ê
Maureen Francisco, Judy Gyarmathy, Frances Hill, Colleen Janes, Constance Lewis, Paulette Simpson, Marlene Staub, Donna Watt, Marcelene Wehry, Robin Valentine-Kindred, Sally Dunfield, Lavelle Johnson, Morse Burley, Mary Carel, James Coffin, Edward Cordisco, Jr., Linda Cummings, Mark Hess, Marian Howard, Reid Meyer, Mike Pintar, Shanna Pozzi, Karen-Maria Reuter, Mike Richardson, Valorie Sheldon and Julene Smith.
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Senate Resolution No. 1–Senators Vergiels and Raggio
FILE NUMBER 7
SENATE RESOLUTION–Adopting the Standing Rules of the Senate for the 66th session of the Legislature.
resolved by the senate of the state of nevada, That the Senate Standing Rules as amended by the 65th session are adopted, with the following amendments, as the Standing Rules of the Senate for the 66th session of the Legislature:
1. Rule 13 is hereby amended to read as follows:
13
Open Meetings.
1. Except as provided in the constitution of the State of Nevada and in subsection 2 of this rule, all meetings of the Senate and its committees [shall] must be open to the public.
2. A Senate committee meeting may be closed [if, in an open meeting of the committee, two-thirds of the members of the committee determine that such action is in the public interest and vote to close the meetings for the hearing of specified testimony. Final action on a bill or resolution shall not be taken at a closed meeting.] to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.
2. Rule 53 is hereby amended to read as follows:
53
Committee Rules.
1. The rules of the Senate, as far as applicable, are the rules of committees of the Senate . [; and procedure] Procedure in committees, where not otherwise provided in this rule, [shall] must follow the procedure of the Senate. For matters not included in the rules of the Senate or these rules, Mason’s manual [shall] must be followed.
2. A majority of any committee constitutes a quorum for the transaction of business.
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ê1991 Statutes of Nevada, Page 2483 (FILE NUMBER 7, SR 1)ê
3. A meeting of a committee [shall] may not be opened without a quorum present.
4. In addition to regularly scheduled meetings or those called by the chairman, meetings may be set by a written petition of a majority of a committee and filed with the chairman of a committee.
5. A bill may be passed from a committee only by a majority of the committee membership. A simple majority of those present and voting is sufficient to adopt committee amendments. A committee shall not recommend a bill for placement on the consent calendar if it makes any substantive change in the law or if an amendment of the bill is recommended.
6. Subcommittees may be appointed by committee chairmen to consider subjects specified by the committee and shall report back to the committee.
7. A committee shall act only when together, and all votes [shall] must be taken in the presence of the committee. A member shall not be recorded as voting unless he was actually present in the committee at the time of the vote. The chairman shall vote on all final actions on bills or resolutions.
8. All committee and subcommittee meetings are open to the public, except [that a meeting may be closed if, in an open meeting of the committee or subcommittee, two-thirds of the members determine that such action is in the public interest and vote to close the meeting for the hearing of specified testimony. Final action on a bill or resolution shall not be taken at a closed meeting.] as otherwise provided in Rule 13.
9. Before reporting a bill or resolution to the Senate, a committee may reconsider its action. A motion to reconsider must be made by a member who voted with the prevailing side.
10. Committee chairmen shall determine the agenda of each meeting except that committee members may request an item for the agenda by communicating with the chairman at least 4 days before the meeting. A majority of a committee may, by vote, add an item to the agenda of the next regularly scheduled meeting.
11. Secretaries to committees shall give notices of hearings on bills to anyone requesting notices of particular bills.
12. All committees shall keep minutes of meetings. The minutes [shall] must cover members present and absent, subjects under discussion, witnesses who appear, committee members’ statements concerning legislative intent, action taken by the committee, as well as the vote of individual members on all matters on which a vote is taken. Any member may submit to the secretary additional remarks to be included in the minutes and records of committee meetings. At the conclusion of the legislative session, the Secretary of the Senate shall deliver all minutes and records of committee meetings in her possession to the Director of the Legislative Counsel Bureau.
13. In addition to the minutes, the committee secretary shall maintain a record of all bills, including:
(a) Date bill referred;
(b) Date bill received;
(c) Date set for hearing the bill;
(d) Date or dates bill heard and voted upon; and
(e) Date report prepared.
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ê1991 Statutes of Nevada, Page 2484 (FILE NUMBER 7, SR 1)ê
14. Each committee secretary shall file the minutes of each meeting with the Secretary of the Senate within 2 weeks after the meeting.
15. All committee minutes are open to public inspection upon request and during normal business hours.
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Senate Resolution No. 2–Senators Vergiels and Raggio
FILE NUMBER 8
SENATE RESOLUTION–Providing 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 and 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 is $900; and be it further
resolved, That these amounts be certified by the president and the secretary to the state controller, who is authorized to draw his warrants therefor on the legislative fund, and the state treasurer is thereafter authorized to pay these warrants.
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Assembly Concurrent Resolution No. 3–Assemblymen Wendell, Williams, Arberry, Anderson, Bache, Bayley, Bennett, Bergevin, Callister, Carpenter, Dini, Elliott, Evans, Freeman, Garner, Giunchigliani, Goetting, Gregory, Haller, Hardy, Heller, Humke, Johnson, Kerns, Krenzer, Lambert, McGaughey, McGinness, Marvel, Norton, Petrak, Pettyjohn, Porter, Price, Sader, Scherer, Spitler, Spriggs, Stout, Myrna Williams and Wong
FILE NUMBER 9
ASSEMBLY CONCURRENT RESOLUTION–Commemorating Martin Luther King, Jr.
whereas, In this time of international unrest, it is particularly important to continue to recognize a person who strove for a society where all of God’s children might stand together; and
whereas, The tenets of nonviolence and love described by The Reverend Martin Luther King, Jr., are every bit as relevant today as they were over two decades ago; and
whereas, Because the teachings of The Reverend Martin Luther King, Jr., which were instrumental in awakening the conscience of the American public, must never be forgotten, it is important for organizations to continue to recognize and spread those teachings; and
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ê1991 Statutes of Nevada, Page 2485 (FILE NUMBER 9, ACR 3)ê
whereas, The Martin Luther King, Jr. Committee of Las Vegas, founded in 1981, is celebrating its 10th anniversary this year; and
whereas, The Northern Nevada Black Cultural Awareness Society has been doing admirable work in continuing to assist northern Nevadans to remember the dream; and
whereas, Governor Bob Miller and the members of the Nevada State Martin Luther King, Jr. Holiday Commission continue to work throughout the state, lest we forget these important ideals; 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, as long as we remember that dream; 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 peace, unity, justice and righteousness; and be it further
resolved, That the members of the Martin Luther King, Jr. Committee of Las Vegas be commended for a decade of work spreading the philosophy of The Reverend King; and be it further
resolved, That the members of the Northern Nevada Black Cultural Awareness Society be commended for their continuing effort in assisting northern Nevadans to remember the dream; and be it further
resolved, That the Governor and members of the Nevada State Martin Luther King, Jr. Holiday Commission be commended for their statewide activities; and be it further
resolved, That copies of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to the presiding officers of the Martin Luther King, Jr. Committee of Las Vegas, the Northern Nevada Black Cultural Awareness Society and the Nevada State Martin Luther King, Jr. Holiday Commission.
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Senate Resolution No. 3–Legislative Affairs and Operations
FILE NUMBER 10
SENATE RESOLUTION–Providing 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 66th session of the Legislature of the State of Nevada: Mary Jo Mongelli, Ann Moyle, Mary Phillips, Mary Ellen Patt, Vernon E. Bunker, Charles Welsh, Jarrod Adams, Tige Reeve, Susanna Schackart, Ruth Pierini, Gayle Pyle, Shirley Hammon, Marilyn Hofmann, Terri Pinnock, Judy Bishop, LaVonne Frost, Sandra C. Arraiz, Lucille Hill, Dorothy Kelly, Teresa Fox, Michael Dayton, Ricka Benum, Elizabeth Bremner, Billie Brinkman, Betty Christenson, Dee Crawford, Marion Entrekin, Janice Fondi, Rayanne Francis, Diane Gamble, Kathe Godette, Deborah Hollis, Pamela Jochim, Judith Jacobs, Jane King, Maude Long, Yhvona Martin, Joan McConnell, Mary Jo Meyer, Tanya Morrison, Mary Randolph, Carol Ratzlaff, Deborah Riggs, Paula Saponaro, Joan Thran, Jo Ann Wessel, Lee-Ann Keever, June Riesau, Mark Hofmann, Clara Balmer, Barbara Morrow, Doris Fry, Martha Burdick, Sheryl Frazier, Jennifer Hofmann, Ronald Keilholtz, Janet Meredith, Alfred Perondi, Oliver Perondi and Joe Pieretti.
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ê1991 Statutes of Nevada, Page 2486 (FILE NUMBER 10, SR 3)ê
Long, Yhvona Martin, Joan McConnell, Mary Jo Meyer, Tanya Morrison, Mary Randolph, Carol Ratzlaff, Deborah Riggs, Paula Saponaro, Joan Thran, Jo Ann Wessel, Lee-Ann Keever, June Riesau, Mark Hofmann, Clara Balmer, Barbara Morrow, Doris Fry, Martha Burdick, Sheryl Frazier, Jennifer Hofmann, Ronald Keilholtz, Janet Meredith, Alfred Perondi, Oliver Perondi and Joe Pieretti.
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Senate Concurrent Resolution No. 1–Senators Raggio, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 11
SENATE CONCURRENT RESOLUTION–Memorializing Ryan White, a courageous young man who was a victim of AIDS.
whereas, Last year, on April 8, 1990, Ryan White died from complications relating to Acquired Immune Deficiency Syndrome (AIDS); and
whereas, Although Ryan White was only 18 years old when he died, he left as his legacy a greater public understanding of AIDS and a greater public compassion for the trials of those who fall prey to this devastating and deadly disease; and
whereas, Ryan White, a hemophiliac who contracted AIDS through a blood transfusion, carried on until his death a courageous 5 1/2-year battle against both the disease ravaging his body and the public ignorance and fear of AIDS that so strongly challenges the spirit of AIDS victims everywhere; and
whereas, When Ryan White was banished from his Kokomo, Indiana, public school in 1984, Ryan and his parents waged a courageous and ultimately successful battle in court to permit him to return to school; and
whereas, Local fear and ignorance of the disease continued and in 1987, finally unable to withstand the taunts, vandalism and ostracism from their neighbors, Ryan White and his family moved 20 miles away to the town of Cicero, Indiana; and
whereas, When Ryan White began that year to attend Hamilton Heights High School in nearby Arcadia he found that, at least in part because of his struggles, public fear of AIDS and AIDS victims was beginning to be replaced by greater understanding of the disease and compassion for its victims; and
whereas, By the time of his death, Ryan White had made great progress in helping to ensure greater public support for AIDS research and outreach, demonstrating to a fearful nation that AIDS is a disease, and not a dirty word; and
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ê1991 Statutes of Nevada, Page 2487 (FILE NUMBER 11, SCR 1)ê
whereas, One of Ryan White’s greatest accomplishments was his success in helping to convince a fearful and skeptical public that AIDS is not selective, that it is not a disease only threatening those who engage in intravenous drug use or certain sexual activities; and
whereas, Through these changes in public sentiment that he helped to effect, part of Ryan White’s legacy must be a diminishment in the suffering of those afflicted with AIDS, helping to ensure that those victims facing the spectre of death are more commonly spared the additional pain of bigotry and ostracism; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Nevada Legislature honors the memory of Ryan White and acknowledges the enormous contributions he made in his short life in helping a nation to understand better the disease of AIDS and to offer more of its compassion and support to those who have become its victims; and be it further
resolved, That a copy of this resolution be prepared by the Secretary of the Senate and transmitted to Ryan White’s mother and father, Jeanne and Wayne.
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Senate Concurrent Resolution No. 16–Senators Nevin, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 12
SENATE CONCURRENT RESOLUTION–Proclaiming January 31, 1991, as Law Enforcement Appreciation Day in Nevada.
whereas, Nevada’s men and women in law enforcement dedicate themselves to the protection of the lives and property of Nevada’s residents and of visitors to this state; and
whereas, As members of our community, these professional men and women involved in law enforcement provide a tremendous resource of talent, knowledge and experience that is essential to the vitality of our growing state; and
whereas, Officers accept the badge of their office as a symbol of the public’s faith and trust, to be held as long as they are true to the ethics of police service; and
whereas, Nevada’s police officers have demonstrated their dedication by their loyalty, honesty and desire to serve this state and such dedication demands out respect and admiration; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Legislature of the State of Nevada hereby proclaims January 31, 1991, as Law Enforcement Appreciation Day in Nevada; and be it further
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ê1991 Statutes of Nevada, Page 2488 (FILE NUMBER 12, SCR 16)ê
resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the head of each law enforcement agency in this state.
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Assembly Concurrent Resolution No. 9–Assemblymen Petrak, Dini, Garner, Bennett, Sader, Bache, Krenzer, Myrna Williams, Porter, Wendell Williams, Price, Arberry, Callister, Evans, Giunchigliani, Spitler, Gregory, McGaughey, Wong, Humke, Elliott and Carpenter
FILE NUMBER 13
ASSEMBLY CONCURRENT RESOLUTION–Commending Stephen A. Wynn and his employees for their outstanding service and contributions to their community.
whereas, Stephen A. Wynn, chairman of the board of directors of Golden Nugget, Inc., the corporation that owns the Golden Nugget and The Mirage in Las Vegas plus several other properties within Nevada, has guided and supported his employees in a combined effort to improve the quality of life for persons in his community and state; and
whereas, Employees of the corporation topped $700,000 in donations to United Way in 1990, making it the largest single company contribution in the history of the State of Nevada; and
whereas, Employees of the corporation have offered their enthusiastic support of community programs through weekly visits to senior citizen centers and the Nathan Adelson Hospice, participation in the “Adopt-A-Family” program wherein employees make donations of food, clothing, toys and furniture to families in need of extra support, and regular contributions to several community service organizations working with the homeless; and
whereas, Steve Wynn’s commitment to education has always been steadfast and the corporation’s financial commitment, under the leadership of Mrs. Elaine Wynn for the past 10 years, has proven to be the single largest source of nongovernmental funding for education in Nevada; and
whereas, In the last election, employees of the corporation volunteered to become trained as Field Deputy Registrars and together registered over 20,000 voters; and
whereas, The employees managed one of the most successful educational campaigns ever seen in Nevada with their own innovative program that educated and encouraged fellow employees to become aware of the issues to be decided upon in the election; and
whereas, In an effort to recognize the courageous contributions that our servicemen and women are making, Stephen Wynn provided live television coverage of the Buster Douglas-Evander Holyfield fight held last October 25, to our nation’s soldiers in 120 countries around the world, a first in the history of boxing; and
whereas, Steve Wynn’s untiring efforts on behalf of the causes he has been involved in and the leadership he has given to his employees deserve the highest praise and commendation; now, therefore, be it
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ê1991 Statutes of Nevada, Page 2489 (FILE NUMBER 13, ACR 9)ê
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature hereby commends Stephen A. Wynn for his outstanding public service and contributions to the State of Nevada and for the leadership he has provided to his friends, associates and employees; and be it further
resolved, That the gratitude and appreciation of this Legislature and of the people of Nevada is hereby expressed to Steve Wynn and his employees for their dedication toward improving their community and this state; and be it further
resolved, That a copy of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to Stephen A. Wynn.
________
Senate Resolution No. 4–Senators Vergiels, Raggio, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend and Tyler
FILE NUMBER 14
SENATE RESOLUTION–Commending and supporting the Nevada State Senate Business Week Scholarship Program.
whereas, Nevada Business Week, Inc., will establish up to 102 scholarships to be distributed to high school students in the State of Nevada in the names of state senators; and
whereas, These scholarships will enable students to attend the Nevada Business Week, held each year on the campus of the University of Nevada; and
whereas, The participants in the Nevada Business Week are exposed to the tremendous range of education opportunities in the University of Nevada System and gain insight from distinguished business leaders on business, career opportunities, positive attitudes in decision making and sophisticated management policies; and
whereas, The Nevada State Senate Business Week Scholarship Program has been endorsed by the State Board of Education and by Superintendents of every school district in the State of Nevada; now, therefore, be it
resolved by the senate of the state of nevada, That the Nevada State Senate Business Week Scholarship Program is commended and supported by the members of the Senate for its contributions to the high school students of this state by providing scholarships to attend Nevada business Week; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to Edward S. Parsons, Jr., Executive Secretary of Nevada Business Week, Inc.
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ê1991 Statutes of Nevada, Page 2490ê
Senate Resolution No. 5–Senators Horn, Adler, Coffin, Cook, Getto, Glomb, Hickey, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 15
SENATE RESOLUTION–Commending Dr. Bernie Siegel for his inspirational work in the field of self-healing.
whereas, Dr. Bernie Siegel is a pediatric and general surgeon in New Haven, Connecticut, and teaches at Yale University; and
whereas, Through his lifelong work in the field of medicine, Dr. Siegel has studied the link between a person’s consciousness and disease, and ways to take advantage of this link; and
whereas, Dr. Siegel is the founder of Exceptional Cancer Patients (ECaP), a specialized form of individual and group therapy that uses patients’ dreams, drawings and images to facilitate personal change and healing; and
whereas, Through this work, Dr. Siegel has developed a strong desire to make people aware of their own healing potential; and
whereas, Dr. Siegel has published two national bestselling books concerning his work, Love, Medicine & Miracles and Peace, Love & Healing; and
whereas, Dr. Siegel travels and lectures extensively, and shared his message with the people of Reno on January 16 and 17, 1991, at Washoe Medical Center, where he is on the board of directors of the medical center’s Art of Living Institute; and
whereas, Dr. Bernie Siegel’s words have provided inspiration and have played a significant role in the treatment of cancer patients and other patients with life-threatening illnesses; and
whereas, Dr. Siegel has been instrumental in the recovery process of Senator Nick Horn, by reinforcing such themes as “love heals” and “miracles do happen”; and
whereas, For Senator Horn, a positive mental attitude coupled with unconditional love, good medical treatment and peaceful relaxation have made peace, love and healing a reality; now, therefore, be it
resolved by the senate of the state of nevada, That this body commends Dr. Bernie Siegel for his contributions in the field of self-healing and medicine and for the inspirational assistance he has provided to patients who face life-threatening illnesses; and be it further
resolved, That this body is indebted to Dr. Siegel for providing such inspirational help for its own Senator Nick Horn; and be it further
resolved, That a copy of this resolution be transmitted forthwith by the Secretary of the Senate to Dr. Bernie Siegel.
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ê1991 Statutes of Nevada, Page 2491ê
Assembly Concurrent Resolution No. 17–Assemblymen Anderson, Dini, Sader, Carpenter, Wendell Williams, Gibbons, Scherer, Petrak, Elliott, Gregory, Hardy, Humke, Johnson, Evans, Giunchigliani, Bayley, Porter, Norton, Little, Bache, Krenzer, Wong, Garner, Bennett, Freeman, Spriggs, Haller, McGaughey, Goetting, Marvel, Arberry, McGinness, Pettyjohn, Heller, Spitler, Myrna Williams, Stout, Bergevin, Kerns, Lambert, Price and Callister
FILE NUMBER 16
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late Thomas A. Hill, former Sparks police chief. (BDR R-1617)
whereas, The members of the Nevada Legislature note with profound sorrow the passing of Thomas A. “Tom” Hill; and
whereas, Tom Hill was born on April 10, 1933, the son of a railroad engineer; and
whereas, Tom Hill was a lifetime resident of Sparks who served the City of Sparks with distinction for 32 years as a police officer, including 19 years as the Chief of Police; and
whereas, Tom Hill was regarded with admiration, respect and affection by his fellow officers and friends, who knew him as “El Jefe” (The Chief) and praised him for his compassion and openness; and
whereas, Tom Hill was active in his community and his profession as a lifetime member and former president of the Nevada Sheriffs’ and Chiefs’ Association, as a member of the International Association of Chiefs of Police and as a member of many fraternal and service organizations; and
whereas, Tom Hill took special pleasure in helping the children of his community, several of whom he sponsored as patients of the Shriner’s Hospital for Crippled Children in San Francisco; and
whereas, Tom Hill is survived by his widow, Evelyn J. Hill, his brother Douglas and his sons Thomas S. Hill and Forrest A. Hill, all of Sparks, his son Daniel L. Hill of Zephyr Cove, his daughter, Jeannette Rand of Yerington and two grandchildren; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the Nevada Legislature extend their condolences to the family of the late Thomas A. Hill; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Thomas A. Hill’s widow, Evelyn J. Hill.
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ê1991 Statutes of Nevada, Page 2492ê
Senate Joint Resolution No. 5–Senators Coffin, Shaffer, Adler, Cook, Getto, Horn, Jacobsen, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Smith, Townsend, Tyler and Vergiels
FILE NUMBER 17
SENATE JOINT RESOLUTION–Memorializing Congress to propose a constitutional amendment permitting Congress and the states to prohibit the desecration of the flag of the United States.
whereas, Although the right of free expression is part of the foundation of the United States Constitution, very carefully drawn limits on expression in specific instances have long been recognized as legitimate means of maintaining public safety and decency, as well as orderliness and the productive value of public debate; and
whereas, Certain actions, although arguably related to one person’s freedom of expression, nevertheless raise issues concerning public decency, public peace and the rights of expression and sacred values of others; and
whereas, The American Flag to this day is a most honorable and worthy banner of a nation which is thankful for its strengths and committed to curing its faults, and remains the destination of millions of immigrants attracted by the universal power of the American ideal; and
whereas, The law as interpreted by the United States Supreme Court no longer accords to the Stars and Stripes of our American Flag that reverence, respect and dignity befitting the banner of that most noble experiment of a nation-state; and
whereas, It is only fitting that people everywhere should lend their voices to a forceful call for restoration of the American Flag to a proper station under law and decency; now, therefore, be it
resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature memorializes the Congress of the United States to propose an amendment of the United States Constitution, for ratification by the states, specifying that Congress and the states have the power to prohibit the physical desecration of the flag of the United States; 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, each member of the Nevada Congressional Delegation and the national headquarters of the American Legion; and be it further
resolved, That this resolution becomes effective upon passage and approval.
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ê1991 Statutes of Nevada, Page 2493ê
Assembly Concurrent Resolution No. 15–Committee on Ways and Means
FILE NUMBER 18
ASSEMBLY CONCURRENT RESOLUTION–Authorizing expenditure from the legislative fund for the payment of a speaker to appear before the standing committees of the Assembly and Senate during the 66th session of the Legislature
resolved by the assembly of the state of nevada, the senate concurring, That expenditure of not more than $1,000 from the legislative fund is hereby authorized to compensate and reimburse James Austin, Executive Vice President of the National Council on Crime and Delinquency, in connection with his appearance before the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance during the 66th session of the Legislature.
________
Assembly Resolution No. 4–Committee on Legislative Functions and Elections
FILE NUMBER 19
ASSEMBLY RESOLUTION–Providing for the appointment of an additional attache.
resolved by the assembly of the state of nevada, That Melvin Cowperthwaite is elected as an additional attache of the Assembly for the 66th session of the Legislature of the State of Nevada.
________
Assembly Concurrent Resolution No. 20–Assemblymen Dini, Garner, Bennett, Petrak, Krenzer, Gibbons, Wong, Johnson, Bergevin, Sader, Gregory, Freeman, Lambert, Bache, Anderson, Hardy, Bayley, Haller, McGinness, Spriggs, Norton, Myrna Williams, Porter, Wendell Williams, Little, Elliott, Stout, Marvel, Giunchigliani, Carpenter, McGaughey, Humke, Spitler, Scherer, Pettyjohn, Callister, Arberry, Price, Evans, Kerns, Heller and Goetting
FILE NUMBER 20
ASSEMBLY CONCURRENT RESOLUTION–Commending Scott M. Ruedy for his service to the Nevada Assembly and to his country.
whereas, Native Nevadan Scott M. Ruedy was born on March 24, 1969, and graduated from Douglas County High School in 1987; and
whereas, Scott Ruedy recently served 3 years with the United States Army and during that time was stationed in West Germany and Fort Ord, California; and
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ê1991 Statutes of Nevada, Page 2494 (FILE NUMBER 20, ACR 20)ê
whereas, After receiving an honorable discharge, Scott Ruedy remained a member of the Army Reserves with a rank of Sergeant E-5; and
whereas, During the short period Scott served as a page with the 1991 Nevada Assembly, he captured the respect and admiration of his friends and coworkers; and
whereas, As the enormity of the Gulf War became apparent, Scott volunteered to return to active duty and participate in Operation Desert Storm as a combat signaler with an armory unit; and
whereas, The U. S. Army accepted Scott’s patriotic offer and deployed him on February 13, 1991; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the 66th session of the Nevada Legislature express their appreciation for Scott’s courteous and efficient service to the Assembly and extend their best wishes as Scott bravely serves his state and country; and be it further
resolved, That copies of this resolution be transmitted by the Chief Clerk of the Assembly to Scott’s proud father Howard, his twin brother Shawn, older brother Glenn and younger sister Kristin.
________
Assembly Resolution No. 5–Committee on Legislative Functions and Elections
FILE NUMBER 21
ASSEMBLY RESOLUTION–Providing for the appointment of additional attaches.
resolved by the assembly of the state of nevada, That Joan Babic, Juliana Baker, Sharon Burnham and Janet Busse are elected as additional attaches of the Assembly for the 66th session of the Legislature of the State of Nevada.
________
Senate Joint Resolution No. 13 of the 65th Session–Senator Raggio
FILE NUMBER 22
SENATE JOINT RESOLUTION–Proposing 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.
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ê1991 Statutes of Nevada, Page 2495 (FILE NUMBER 22, SJR 13 of the 65th Session)ê
may be established by law. The District Courts [,] and the Judges thereof shall have 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 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.
2. The legislature may provide by law for referees in district courts.
________
Senate Concurrent Resolution No. 3–Senators Horn, Adler, Cook, Getto, Glomb, Hickey, Nevin, O’Donnell, Rawson, Shaffer, Smith, Titus and Vergiels
FILE NUMBER 23
SENATE CONCURRENT RESOLUTION–Urging the Department of Motor Vehicles and Public Safety to include at least one question concerning the interaction between bicycles and motor vehicles on each written examination for a driver’s license.
whereas, The safety of persons who drive motor vehicles and persons who ride bicycles is an important concern; and
whereas, Members of the public who drive motor vehicles need to be made aware of the rights of persons who are riding bicycles; and
whereas, Members of the public who drive motor vehicles must be educated concerning their duty of care toward persons who are riding bicycles; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Department of Motor Vehicles and Public Safety is hereby urged to include at least one question which concerns the interaction between bicycles and motor vehicles on each written examination for a driver’s license; and be it further
resolved, That a copy of this resolution be transmitted by the Secretary of the Senate to the Director of the Department of motor Vehicles and Public Safety.
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ê1991 Statutes of Nevada, Page 2496ê
Senate Joint Resolution No. 11 of the 65th Session–Senators Raggio, Neal, O’Donnell, Hickey, Horn, Rawson, Shaffer, Smith, Malone and Jacobsen
FILE NUMBER 24
SENATE JOINT RESOLUTION–Proposing 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.]
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.]
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ê1991 Statutes of Nevada, Page 2497 (FILE NUMBER 24, SJR 11 of the 65th Session)ê
6. The provisions of this section pertaining to the selection of a chief justice and his term of office become effective January 1, 1996.
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Senate Concurrent Resolution No. 24–Senators Vergiels, Raggio, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend and Tyler
FILE NUMBER 25
SENATE CONCURRENT RESOLUTION–Commemorating Girl Scout Government Day in Nevada on March 4, 1991.
whereas, Over 2.5 million young ladies, from 5 to 17 years of age participate in girl scouting activities which emphasize community service, contemporary issues and the joys and benefits of outdoor recreation; and
whereas, Since its founding in 1912 in Savannah, Georgia, this scouting movement has attempted to infuse in the souls of young women the high ideals of integrity and good character; and
whereas, The activities and programs offered to the girls of the State of Nevada are through the services of the Sierra Nevada Council in northern Nevada which has a membership of 4,200 girls, and the Frontier Girl Scout Council in southern Nevada which has a membership of 5,400 girls; 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 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 4, 1991, is hereby declared Girl Scout Government Day in Nevada; 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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ê1991 Statutes of Nevada, Page 2498ê
Assembly Joint Resolution No. 28 of the 65th Session–Assemblymen 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 26
ASSEMBLY JOINT RESOLUTION–Proposing 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.
________
Assembly Concurrent Resolution No. 24–Assemblymen Marvel, Dini, Evans, McGaughey, Anderson, Petrak, Stout, Carpenter, Garner, Hardy, Little, Elliott, Heller, Humke, Bergevin, Spitler, Spriggs, Sader, Norton, Giunchigliani, Freeman, Goetting, Lambert, McGinness, Haller, Bache, Pettyjohn, Bayley, Scherer, Myrna Williams, Bennett, Gibbons, Wong, Krenzer, Johnson, Kerns, Wendell Williams, Gregory, Price, Arberry, Callister and Porter
FILE NUMBER 27
ASSEMBLY CONCURRENT RESOLUTION–Memorializing Valmy pioneer, Eugene DiGrazia.
whereas, The members of the Nevada Legislature were saddened to learn of the recent passing of Eugene DiGrazia on November 30, 1990; and
whereas, Eugene DiGrazia was born on May 4, 1913, in Sparks, Nevada, and grew up in Battle Mountain where his father was foreman of the railroad section crew; and
whereas, When Mr. DiGrazia was only 19 years old he purchased the small town of Valmy, which consisted of a gas station, an auto court, an abandoned railroad shack and a grocery store with a post office in the rear; and
whereas, Eugene DiGrazia was appointed postmaster of the Valmy Post Office on February 15, 1935, and held this position for 56 years, including the 3 years he served before his appointment at age 21, which gave him the distinction of being the longest-serving postmaster in the West and the third longest-serving in the nation; and
whereas, Eugene DiGrazia was a charter member of the Nevada NAPUS Chapter, a member of the Chamber of Commerce, Lions Club, P.T.A., and Knights of Columbus and a Lay Reader for St.
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ê1991 Statutes of Nevada, Page 2499 (FILE NUMBER 27, ACR 24)ê
Knights of Columbus and a Lay Reader for St. John Bosco Catholic Church; and
whereas, In addition to driving the school bus to Battle Mountain twice daily for 34 years without an accident or a flat tire, Mr. DiGrazia found the time to write a column “The Valmy Badger” for the Battle Mountain Bugle; and
whereas, Eugene DiGrazia lived his life fully and this Valmy pioneer will long be remembered for his zest for living and his love for Nevada; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature offers its heartfelt condolences to Eugene DiGrazia’s wife of 46 years, Julia, and to their two sons, Dr. Peter DiGrazia, a dentist in Reno, and Gary DiGrazia, an attorney in Elko; and be if further
resolved, That a copy of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to Julia DiGrazia.
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Senate Concurrent Resolution No. 5–Senators Horn, Adler, Cook, Getto, Glomb, Hickey, Jacobsen, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus and Vergiels
FILE NUMBER 28
SENATE CONCURRENT RESOLUTION–Urging the State Board of Education to adopt regulations concerning bicycle safety for pupils in elementary schools.
whereas, The safety of the children who ride bicycles in Nevada is a major concern; and
whereas, The education of these children concerning the rights and responsibilities of a bicyclist is important to their safety; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the State Board of Education is hereby urged to adopt regulations which require the school districts to offer bicycle safety examinations in elementary schools and to issue certificates to pupils who successfully complete the examinations; and be it further
resolved, That the State Board of Education is hereby urged to adopt regulations to include bicycle safety education in the basic living skills or health curriculum in all elementary schools; and be it further
resolved, That a copy of this resolution be transmitted by the Secretary of the Senate to the President of the State Board of Education.
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ê1991 Statutes of Nevada, Page 2500ê
Senate Concurrent Resolution No. 6–Senators Horn, Adler, Cook, Getto, Glomb, Hickey, Nevin, O’Donnell, Raggio, Rawson, Shaffer, Smith, Titus, Tyler and Vergiels
FILE NUMBER 29
SENATE CONCURRENT RESOLUTION–Urging the State Board of Education to require the inclusion of information concerning the rights and duties of bicyclists and drivers of motor vehicles in the curriculum of programs for automobile driver education.
whereas, Bicycling is a healthy and inexpensive method of transportation; and
whereas, It is important for persons who ride bicycles to know their rights and responsibilities when riding on highways; and
whereas, It is important for drivers of motor vehicles to know their rights and responsibilities concerning the interaction between bicycles and motor vehicles; and
whereas, Education the pupils of the State of Nevada concerning laws relating to the interaction between bicycles and motor vehicles is important in developing responsible bicyclists and drivers of motor vehicles; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the State Board of Education is hereby urged to include a requirement for information concerning the rights and duties of bicyclists and drivers of motor vehicles in the regulations adopted pursuant to NRS 389.090, concerning the scope of automobile driver education in public schools; and be it further
resolved, That a copy of this resolution be transmitted by the Secretary of the Senate to the President of the State Board of Education.
________
Senate Concurrent Resolution No. 25–Senator Hickey
FILE NUMBER 30
SENATE CONCURRENT RESOLUTION–Designating the month of March 1991 as Irish-American Heritage Month.
whereas, By 1776 nearly 300,000 natives of Ireland had emigrated to the United States; and
whereas, Following the victory at Yorktown over the English, a French Major General reported that Congress owed its existence, and America, possibly her preservation, to the fidelity of the Irish; and
whereas, At least eight men who signed the Declaration of Independence were of Irish origin; and
whereas, Charles Thomson, born in Ireland, was Secretary of the Continental Congress; and
whereas, Irish-born James Hoban designed the White House, the state and war offices, and assisted in the building of the United States Capitol; and
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ê1991 Statutes of Nevada, Page 2501 (FILE NUMBER 30, SCR 25)ê
whereas, John Fitzgerald Kennedy and Robert Francis Kennedy, brothers of Irish descent, who both helped restore feelings of patriotism and a love for America, made the ultimate sacrifice while serving their country; and
whereas, The Irish and Irish descendants have contributed greatly to the enrichment of all aspects of life in the United States, including military and governmental service, science, education, art, agriculture, business, industry and athletics; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the month of March 1991 is hereby designated as “Irish-American Heritage Month”; and be it further
resolved, That residents of the State of Nevada are hereby urged to observe the month with appropriate ceremonies and activities.
________
Assembly Concurrent Resolution No. 25–Assemblymen Norton, Dini, Porter, Heller, Hardy, Scherer, Bayley, Anderson, Pettyjohn, Haller, McGinness, Spitler, Humke, Spriggs, Giunchigliani, Marvel, Petrak, Garner, Wong, Bache, Goetting, Gregory, Kerns, Krenzer, Arberry, Evans, Callister, Price, Sader, Little, Johnson, Bennett, Carpenter, Lambert, Myrna Williams, Elliott, Bergevin, Freeman, Stout, McGaughey, Gibbons and Wendell Williams
FILE NUMBER 31
ASSEMBLY CONCURRENT RESOLUTION–Commending the troops of the United States and the reservists from Nevada upon their return from their participation in the Persian Gulf War.
whereas, The occupying forces of Iraq, under the demented control of Saddam Hussein, plundered, terrorized and destroyed the nation and people of Kuwait; and
whereas, Iraq mocked and evaded the resolutions of the United Nations Security Council calling for the restoration of the rightful government of Kuwait; and
whereas, Pursuant to the direction of the United Nations, the allied United States Armed Services, the British and French forces and the Pan-Arab forces initiated a ground assault against the occupying army of Iraq in Kuwait on February 24, 1991, in the face of possible chemical and biological attack; and
whereas, Within 100 hours after they began the assault, the allied forces rapidly and successfully routed the Iraqi forces and liberated Kuwait on February 27, 1991; and
whereas, More than 400 Nevadans, including members of the Army Hospital Unit from Reno, the Marine Corps Reconnaissance Unit from Stead, the 72nd Military Police Company from Las Vegas and Ely and the 152nd Tactical Reconnaissance Group of the Nevada Air National Guard and other members of the Air Force, Army, Marine Corps and Naval Reserves participated in and supported the allied offensive; and
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ê1991 Statutes of Nevada, Page 2502 (FILE NUMBER 31, ACR 25)ê
whereas, Patriotic reservists from Nevada temporarily sacrificed their civilian lives and set aside their personal and family obligations to uphold the honor of our great nation for the selfless aid of others; and
whereas, President Bush, as Commander-in-Chief, and his military commanders, General Colin Powell, Chairman of the Joint Chiefs of Staff, and General H. Norman Schwarzkopf, in their collective prowess, have brought about the capitulation, defeat and destruction of the Iraqi war machine while minimizing casualties among Iraqi civilians; and
whereas, A cease fire has been imposed in the Persian Gulf region, bringing the return of peace and stability to Kuwait and providing for the imminent return of our troops home to Nevada; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature commends the noble, selfless and heroic efforts of our servicemen and women; and be it further
resolved, That the Nevada Legislature offers its prayers to the families who lost loved ones in the conflict; and be it further
resolved, That the Nevada Legislature offers its prayers for the speedy recovery of the servicemen and women wounded in the conflict; and be it further
resolved, That the Nevada Legislature offers its best wishes for success to our Nevada reservists in their return to civilian life; and be it further
resolved, That copies of this resolution be transmitted by the Chief Clerk of the Assembly to the Adjutant General of the Nevada National Guard and the commanding officer of Nellis Air Force Base.
________
Senate Concurrent Resolution No. 26–Senators Raggio, Vergiels, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Schaffer, Smith, Titus, Townsend and Tyler
FILE NUMBER 32
SENATE CONCURRENT RESOLUTION–Commemorating the 200th anniversary of the Bill of Rights of the Constitution of the United States and supporting Bill of Responsibilities offered by Freedoms Foundation at Valley Forge.
whereas, “We the People” did ordain and establish a Constitution and Bill of Rights for the United States of America to secure the blessings of liberty for ourselves and our posterity; and
whereas, The Constitution of the United States of America is the fundamental law of our nation and has a direct impact on our daily lives; and
whereas, The Bill of Rights of the Constitution of the United States of America embodies the fundamental freedoms and individual liberties that we, as Americans, cherish; and
whereas, This year marks the 200th anniversary of the states’ ratification of the Bill of Rights of the Constitution of the United States of America and our country is preparing to commemorate the Bicentennial of the Bill of Rights on December 15, 1991; and
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ê1991 Statutes of Nevada, Page 2503 (FILE NUMBER 32, SCR 26)ê
whereas, Freedoms Foundation at Valley Forge has offered a “Bill of Responsibilities” to commemorate the Bicentennial of the Bill of Rights and urges all Americans to accept the following responsibilities to secure and expand our freedom as individual members of a free society:
1. To be fully responsible for our own actions and for the consequences of those actions;
2. To respect the rights and beliefs of others;
3. To give sympathy, understanding, and help to others;
4. To do our best to meet our own and our families’ needs;
5. To respect and obey the laws;
6. To respect the property of others, both private and public;
7. To share with others our appreciation of the benefits and obligations of freedom;
8. To participate constructively in the nation’s political life;
9. To help freedom survive by assuming personal responsibility for its defense; and
10. To respect the rights and to meet the responsibilities on which our liberty rests and our democracy depends; and
whereas, An important goal of Nevada’s educational system is to install pride in our country and an appreciation of the values and principles that were vital to our founding fathers when the Bill of Rights was written; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Nevada Legislature hereby proclaims December 15, 1991, and December 15 of each succeeding year as “Bill of Rights Day” and December 16, 1991, and December 16 of each succeeding year as “Bill of Responsibilities Day” in the State of Nevada and urges the citizens of Nevada to reflect on the blessings of liberty guaranteed to American citizens by the Bill of rights and the corresponding responsibilities which support, preserve and defend the rights of citizenship against encroachment; and be it further
resolved, That the Nevada Legislature hereby urges every elementary and secondary school in Nevada to display prominently and permanently a copy of the Bill of Rights, to celebrate the bicentennial anniversary of its ratification; and be it further
resolved, That a copy of this resolution along with a copy of the Bill of Rights and the Bill of Responsibilities be transmitted forthwith by the Secretary of the Senate to the Commission on the Bicentennial of the United States Constitution, the Freedoms Foundation at Valley Forge, the superintendent of public instruction for the State of Nevada and the superintendent of every school district in this state for distribution to each school within the district.
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ê1991 Statutes of Nevada, Page 2504ê
Senate Concurrent Resolution No. 23–Senators Getto, Rhoads, Jacobsen, Adler, Shaffer and Townsend
FILE NUMBER 33
SENATE CONCURRENT RESOLUTION–Expressing the intention of the Legislature to maintain the primary enforcement responsibility at the state level for the program of safe drinking water.
whereas, The Congress of the United States has enacted the Safe Drinking Water Act, which allows a state to have primary enforcement responsibility (primary) for the Public Water System Supervision Program as established by the Act; and
whereas, Retaining primacy permits a state to exercise discretion in establishing schedules for monitoring water quality, approving variances and exemptions, and conducting other activities which are authorized under the Act; and
whereas, There is a need for the state to provide technical assistance and make available laboratory facilities to suppliers of water for use within the state; and
whereas, There is a need for continuing support of the state program; and
whereas, Safe drinking water is vitally important to the health of all Nevadans and of all the visitors to the state; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Legislature of the State of Nevada hereby concludes that the primary enforcement responsibility for the Public Water System Supervision Program should remain at the state level; and be it further
resolved, That Nevada’s program should include provisions for making technical assistance and laboratory facilities available to suppliers of water for use within the state.
________
Assembly Concurrent Resolution No. 27–Assemblymen Dini, Price, Bergevin, Marvel, Sader, Humke, Kerns, Arberry, Lambert, McGaughey, Spriggs, Myrna Williams, Callister, Carpenter, Evans, Freeman, Garner, Porter, Wendell Williams, McGinness, Haller, Little, Anderson, Bache, Bayley, Bennett, Elliott, Giunchigliani, Goetting, Gregory, Hardy, Heller, Johnson, Krenzer, Norton, Petrak, Pettyjohn, Scherer, Spitler, Stout, Wong and Gibbons
FILE NUMBER 34
ASSEMBLY CONCURRENT RESOLUTION–Commending Amy Phelps for her long and dedicated service to the Nevada Legislature.
whereas, Amy Phelps began her legislative service in 1969 as a stenographer for the Assembly; and
whereas, Because of her exceptional ability and attitude, Amy Phelps was promoted to Assembly Journal Clerk in 1973 and has continued to serve in that position longer than any other person in the history of Nevada; and
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ê1991 Statutes of Nevada, Page 2505 (FILE NUMBER 34, ACR 27)ê
whereas, Amy’s dedication and professionalism as the person responsible for creating the official record of the proceedings on the floor of the Assembly have made her an expert in legislative procedure; and
whereas, Although Amy’s tenure has been with the Assembly, she has maintained a close friendship and good working relationship with the former Assemblymen now serving in the Senate and the staff of the Senate Front Desk; and
whereas, Amy Phelps has been a valued employee of the Assembly earning the respect, love and admiration of those who have worked closely with her during the past two decades; and
whereas, Any Phelps is retiring as Assembly Journal Clerk, allowing her to spend more time with her husband, Lonnie “Gene” Phelps, now retired from the Department of Transportation, her two children, daughter Lonnie Ghiorso, of San Leandro, California, and son Michael of Oxnard, California, and her three grandchildren; and
whereas, Retirement will also afford Amy an opportunity to excel in golf and tennis, sports in which she is already quite accomplished; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of this Legislature, with heartfelt gratitude, commend the dedication and service of Amy Phelps to the Nevada Legislature; and be it further
resolved, That Amy Phelps will be sorely missed on the Assembly Front Desk, but is sent many best wishes for her retirement; and be it further,
resolved, That a copy of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to Amy Phelps.
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Senate Concurrent Resolution No. 27–Senators Jacobsen, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 35
SENATE CONCURRENT RESOLUTION–Memorializing Douglas County Commissioner Barbara Cook.
whereas, The members of the Nevada Legislature note with sorrow and regret the death on February 6, 1991, of Douglas County Commission Chairman Barbara Cook; and
whereas, Barbara Cook was born on July 6, 1932, in Weymouth, Massachusettes, to William and Olive Cunniff; and
whereas, After graduation from Braintree High School in Braintree, Massachusettes, in 1950, Barbara Cook served in the United States Marine Corps from 1950 to 1954; and
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ê1991 Statutes of Nevada, Page 2506 (FILE NUMBER 35, SCR 27)ê
whereas, On April 24, 1954, Barbara married Tom Cook, and after Tom’s retirement from the Marine Corps in 1970, they moved to Douglas County; and
whereas, Upon arriving in Douglas County, Barbara worked as a dispatcher for the Douglas County Sheriff’s Office for 7 years and then worked as secretary to the county engineer before being elected to the Douglas County Commission; and
whereas, Barbara Cook, at the time of her death after a longtime bout with leukemia, served on several county boards, including the Senior Citizens Advisory Board (which she helped organize in 1980), the Retired Senior Volunteer Program, the Regional Transportation Commission, the National Association of County Officials, the Nevada Association of Counties, the Western Nevada Development District and the Carson Water Subconservancy District; and
whereas, Barbara was a longtime member of Beta Sigma Phi and she was a lifetime member of the Soroptimist Club; and
whereas, Barbara Cook was honored by residents of Douglas County by being selected as the Carson Valley Citizen of the Year in both 1985 and 1987; and
whereas, Barbara Cook devoted her life to her family and her community and such devotion will not soon be forgotten; 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 Barbara Cook; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to Barbara Cook’s children, Thomas Michael Cook of Minden, and Tammy Ann Duhs of Anchorage, Alaska, and to Barbara’s loving friend and husband, Tom Cook.
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Assembly Concurrent Resolution No. 35–Committee on Legislative Functions and Elections
FILE NUMBER 36
ASSEMBLY CONCURRENT RESOLUTION–Commending Thurman Parsons for his outstanding public service and contributions to the State of Nevada.
whereas, Thurman Parsons was born on September 27, 1906, to Owen and Charlotte Parsons of Montello, Nevada; and
whereas, While growing up in Montello, Thurman Parsons became intrigued by trains and began working for Southern Pacific Railroad when he was only 14 years old, and 51 years later retired as the Chief Clerk in the Freight Office; and
whereas, Thurman Parsons moved to Washoe County in 1925 when he was 19 years old, but it was not until August 7, 1937, that he would marry his wife for the past 53 years, Carol Stratton; and
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ê1991 Statutes of Nevada, Page 2507 (FILE NUMBER 36, ACR 35)ê
whereas, Throughout his life Thurman Parsons has demonstrated his concern for fellow Nevadans by spending much of his life helping the youth of Washoe County and Nevada; and
whereas, Thurman Parsons has been a Master Mason for 46 years, a Scottish Rite Mason, an Eastern Star Mason and a Shrine Mason, serving for 42 years in each organization; and
whereas, During the past 46 years as a Mason, Thurman Parsons has been elected to many honorable positions including “Worthy Patron” in Adah Chapter Number 4, and “Grand Sentinal” and “Worthy Grand Patron of the Grand Chapter,” of the Order of Eastern Star for the State of Nevada; and
whereas, Thurman Parsons has been a member of the International Executive Board of Advisors for the International Order of Rainbow for Girls, served on the Adult Boards of Advisors for the Mt. Rose Assembly and the DeMolay for Boys, and was responsible for the formation of Bethel #2 of the International Order of Job’s Daughters; and
whereas, Thurman and his wife Carol spent many summers working at the “Y.W.C.A. Girls Camp” repairing cabins, building porches and chaperoning the girls; and
whereas, It comes as no surprise that Thurman Parson’s personal motto has been “to serve whenever and wherever needed”; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the Nevada Legislature commend Thurman Parsons for his outstanding service and contributions to the youth and the other members of his community and of this state; and be it further
resolved, That Thurman Parsons is further commended for always giving of himself to the betterment of others; and be it further
resolved, That a copy of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to Mr. Thurman Parsons.
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Assembly Concurrent Resolution No. 36–Committee on Legislative Functions and Elections
FILE NUMBER 37
ASSEMBLY CONCURRENT RESOLUTION–Commending Harry E. “Bud” Smith for his outstanding public service and contributions to the State of Nevada.
whereas, Harry E. “Bud” Smith was born in Lovelock, Nevada, on July 27, 1913, and by 1919 his parents moved Bud’s family to Sparks, Nevada, where Bud has lived for the past 72 years; and
whereas, Bud Smith married Dorothy Howard on October 28, 1935, and out of this 56-year marriage came 3 sons, 1 daughter, 14 grandchildren and 9 great grandchildren; and
whereas, After Bud Smith graduated from Sparks High School in 1931 he went to work for the Southern Pacific Railroad Company where he worked for 40 years, retiring in 1975; and
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ê1991 Statutes of Nevada, Page 2508 (FILE NUMBER 37, ACR 36)ê
whereas, Bud Smith has been a Member of Wadsworth Lodge Number 25 and a Master Mason for 48 years, a Scottish Rite Mason and a York Rite Mason, a Member in the Order of The White Shrine of Jerusalem, Friendship Shrine Number 54, and Eastern Star Mason for 45 years, and was initiated into Kerak Shrine Temple (A.A.O.N.M.S.) in 1969; and
whereas, Bud has been involved with numerous Shrine organizations, clubs and units, including becoming a Charter Member and Past Chief Klown of the Kerak Shrine Klown Unit, Charter Member of and Past Wagon Master of the Kerak Shrine Karavaners Club, Charter Member of the Kerak Washoe Hillbilly Clan # 115, Honorary Life member of the Kerak Provost Marshal Unit, Member of the Kerak Crescent Shrine Club and Member of the Royal Order of Jesters, Court # 33 ; and
whereas, While serving with the several Shrine organizations, Bud has helped raise money for the Shrine Circus and in 1987 he was presented a “Fez” with the title of “Mr. Circus” imprinted on it in recognition for his many years of service to the Shrine Circus; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the Nevada Legislature extend their heartfelt appreciation to Harry E. “Bud” Smith for his lifetime of contributions and dedicated service to the State of Nevada; and be it further
resolved, That Bud Smith is hereby commended for his years of participation in the various service organizations and clubs including the many years he has spent helping with the Shrine Circus; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Harry E. “Bud” Smith.
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Assembly Concurrent Resolution No. 4–Committee on Government Affairs
FILE NUMBER 38
ASSEMBLY CONCURRENT RESOLUTION–Directing the Division of Water Planning of the State Department of Conservation and Natural Resources to update and reevaluate the “Alternative Plans for Water Resource Use” and to compile a plan for the management of water resources for each of the six river basin areas.
whereas, As the State of Nevada has grown, the competition for the use of one of its most limited resources, water, has dramatically increased; and
whereas, The best way to accommodate the conflicting demands for water is by planning for the management of water resources in all of the various regions of the state; and
whereas, The report entitled “Alternative Plans for Water Resource Use,” which was prepared for each of the six river basin areas within the state as part of previous efforts at water planning, offers a starting point for planning for water management in the future; now therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Division of Water Planning of the State Department of Conservation and Natural Resources is hereby directed to update and reevaluate the “Alternative Plans for Water Resource Use,” and to compile a plan for the management of water resources for each of the six river basin areas within the state; and be it further
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ê1991 Statutes of Nevada, Page 2509 (FILE NUMBER 38, ACR 4)ê
Conservation and Natural Resources is hereby directed to update and reevaluate the “Alternative Plans for Water Resource Use,” and to compile a plan for the management of water resources for each of the six river basin areas within the state; and be it further
resolved, That the Division of Water Planning is directed to seek local input through means which include, but are not limited to, public hearings and working directly with the affected local governments; and be it further
resolved, That a copy of this resolution be transmitted by the Chief Clerk of the Assembly to the Administrator of the Division of Water Planning of the State Department of Conservation and Natural Resources.
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Assembly Concurrent Resolution No. 5–Committee on Government Affairs
FILE NUMBER 39
ASSEMBLY CONCURRENT RESOLUTION–Directing the division of water planning of the state department of conservation and natural resources to emphasize the provision of technical assistance to local governments in Nevada.
whereas, As the population of this state increases, the planned use of Nevada’s limited supply of water becomes even more critical; and
whereas, Recent changes in state law which stress the relationship between applications for the appropriation of water and the need to plan for future demands for water have made water planning especially important, particularly at the local level; and
whereas, Many local governmental entities, particularly in rural Nevada, do not possess the professional expertise in water planning that is necessary to face this important task; and
whereas, Much of the information necessary for water planning is not readily accessible in the rural areas of this state, but is easily available to the division of water planning of the state department of conservation and natural resources; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Legislature of the State of Nevada hereby directs the division of water planning of the state department of conservation and natural resources to consider the provision of technical assistance to local governments as one of the division’s highest priorities; and be it further
resolved, That a copy of this resolution be transmitted by the Chief Clerk of the Assembly to the administrator of the division of water planning of the state department of conservation and natural resources.
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ê1991 Statutes of Nevada, Page 2510ê
Senate Concurrent Resolution No. 8–Committee on Commerce and Labor
FILE NUMBER 40
SENATE CONCURRENT RESOLUTION–Amending the Joint Rules of the Senate and Assembly for the 66th legislative session to establish criteria for reviewing bills that require policies of health insurance to provide coverage for certain treatment or services.
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 66th session of the Legislature are amended by the following addition:
17
Criteria For Reviewing Bills That Require Policies of Health Insurance to Provide Coverage for Certain Treatment or Services.
Any standing committee of the Senate or Assembly to which a bill is referred requiring a policy of health insurance delivered or issued for delivery in this state to provide coverage for any treatment or service shall review the bill giving consideration to:
1. The level of public demand for the treatment or service for which coverage is required and the extent to which such coverage is needed in this state;
2. The extent to which coverage for the treatment or service is currently available;
3. The extent to which the required coverage may increase or decrease the cost of the treatment or service;
4. The effect the required coverage will have on the cost of obtaining policies of health insurance in this state;
5. The effect the required coverage will have on the cost of health care provided in this state; and
6. Such other considerations as are necessary to determine the fiscal and social impact of requiring coverage for the treatment or service.
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ê1991 Statutes of Nevada, Page 2511ê
Senate Concurrent Resolution No. 29–Senators Smith, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 41
SENATE CONCURRENT RESOLUTION–Congratulating Dr. Benoit B. Mandelbrot for being selected as the recipient of the Nevada Medal given by the Desert Research Institute and sponsored by Nevada Bell.
whereas, Dr. Benoit B. Mandelbrot, a Polish-born, French-educated mathematician, holds joint positions as a physicist at IBM’s T.J. Watson Research Center and as a mathematician at Yale University; and
whereas, Dr. Mandelbrot originated the principles of fractals that have revolutionized fields ranging from physical sciences research to modern graphic design; and
whereas, In Nevada, Dr. Mandelbrot’s discoveries are being applied by scientists from the Desert Research Institute to construct three-dimensional models of the movement of ground water as a new technique for water quality management; 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. Mandelbrot is the fourth recipient of the Nevada Medal which includes a $5,000 prize; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That members of the 66th session of the Nevada Legislature hereby congratulate Dr. Benoit B. Mandelbrot for being named the recipient of the Nevada Medal given by the Desert Research Institute; and be it further
resolved, That Nevada Bell is hereby commended 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. Benoit B. Mandelbrot, Dr. James V. Taranik, President of the Desert Research Institute and Robert Blanz, President and Chief Executive Officer of Nevada Bell.
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ê1991 Statutes of Nevada, Page 2512ê
Senate Concurrent Resolution No. 30–Senators Getto, Adler, Coffin, Cook, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 42
SENATE CONCURRENT RESOLUTION–Congratulating Kevin Bell of Fallon for receiving the award as the Youth Conservationist of the Year.
whereas, Kevin Bell, resident of Fallon, was concerned about Nevada’s environment and recently decided to conduct a study to measure the toxicity of the irrigation drain water flowing into the Stillwater wetlands; and
whereas, With $25, Kevin tested the effects of the water on beans, snails, daphnia and three types of fish and proved that because of the toxicity level present, none of the species tested could survive in the water; and
whereas, Kevin presented the same scientific conclusions as were offered in a 55-page study which took the National Fisheries Contaminant Research Center 1 month to conduct at a cost of approximately $30,000; and
whereas, Kevin entered his project in the sixth grade division at the Western Regional Science Fair in Reno, Nevada, in 1990, where he earned first place in his division; and
whereas, Kevin was a guest at the White House where he was presented with a plaque by President George Bush congratulating him for his achievements and contributions; and
whereas, On June 2, 1990, Kevin Bell, along with Senator Harry Reid, opened the headgates to deliver the first water purchased for the Stillwater wetlands; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Nevada Legislature hereby congratulates Kevin Bell for being named Youth Conservationist of the Year by the Department of Wildlife of the State of Nevada; and be it further
resolved, That Kevin Bell is commended for his talents in scientific research and for his contributions to the preservation of Nevada’s natural resources; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to Kevin Bell.
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Senate Concurrent Resolution No. 14–Committee on Transportation
FILE NUMBER 43
SENATE CONSURRENT RESOLUTION–Directing the Nevada Highway Patrol Division of the Department of Motor Vehicles and Public Safety to make vehicle safety inspections for motor carriers available by appointment at the motor carriers’ convenience as scheduling permits, and to consider the use of civilian inspectors to assist peace officers in conducting such vehicle safety inspections on private property.
whereas, Vehicle safety inspections of motor carriers are important for the safety and well-being of the people of the State of Nevada; and
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ê1991 Statutes of Nevada, Page 2513 (FILE NUMBER 43, SCR 14)ê
whereas, Such safety inspections can be time consuming and inconvenient for motor carriers; and
whereas, It is the intent of the Legislature to encourage the performance of such safety inspections; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Nevada Highway Patrol Division of the Department of Motor Vehicles and Public Safety is directed to promote the availability of vehicle safety inspection for motor carriers by making such inspections available by appointment at the motor carriers’ convenience as scheduling permits, and to consider the use of civilian inspectors to assist peace officers in conducting such vehicle safety inspections on private property.
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Senate Concurrent Resolution No. 19–Committee on Natural Resources
FILE NUMBER 44
SENATE CONCURRENT RESOLUTION–Directing interagency cooperation to avoid duplication of regulation regarding the quality of water and the management of waste water.
whereas, The Division of Environmental Protection of the State Department of Conservation and Natural Resources and the Health Division of the Department of Human Resources are both responsible for the regulation and review of potential water pollution and sewerage disposal associated with subdivisions and the regulation and review of individual sewage disposal systems; and
whereas, This duplication of responsibilities is a burden on the community which is regulated and limits the efficiency of the regulations; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Division of Environmental Protection of the State Department of Conservation and Natural Resources and the Health Division of the Department of Human Resources are hereby directed to cooperate to avoid the duplication of effort and review regarding water quality and the management of waste water; and be it further
resolved, That this cooperation should include, if necessary, entering into interagency agreements; and be it further
resolved, That a copy of this resolution be transmitted by the Secretary of the Senate to the Administrator of the Division of Environmental Protection and the Administrator of the Health Division.
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ê1991 Statutes of Nevada, Page 2514ê
Assembly Joint Resolution No. 6–Assemblymen Petrak, Garner, Bennett, Anderson, Bache, Scherer, Sader, Norton, Krenzer, Myrna Williams, Gregory, Porter, Wendell Williams, Price, Arberry, Callister, Evans, Dini, Little, Giunchigliani, Spitler, McGaughey, Wong, Humke, Elliott, Carpenter, Stout and Gibbons
FILE NUMBER 45
ASSEMBLY JOINT RESOLUTION–Urging Congress to eliminate inequities in the payment of social security benefits based on the year that persons initially become eligible for such benefits.
whereas, The provisions set forth in 42 U.S.C. § 415 for determining the primary insurance amount of a person receiving social security were amended in 1977 by Public Law 95-216; and
whereas, That amendment resulted in disparate benefits according to when a person initially becomes eligible for benefits; and
whereas, Persons who were born during the years 1917 to 1926, inclusive, and who are commonly referred to as “notch babies,” receive lower benefits than persons who were born before that time; and
whereas, The payment of benefits under the social security system is not based on need or other considerations related to welfare, but on a program of insurance based on contributions by a person and his employer; and
whereas, The discrimination between persons receiving benefits is totally inequitable and contrary to the principles of justice and fairness; and
whereas, The Social Security Trust Fund has adequate reserves to eliminate this gross inequity; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That Congress is hereby urged to enact legislation to eliminate inequities in the payment of social security benefits to persons based on the year in which they initially become eligible for such benefits; and be it further
resolved, That Congress eliminate these inequities without reducing the benefits of persons who were born before 1917; 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.
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ê1991 Statutes of Nevada, Page 2515ê
Assembly Concurrent Resolution No. 7–Committee on Government Affairs
FILE NUMBER 46
ASSEMBLY CONCURRENT RESOLUTION–Directing the Director of the State Department of Conservation and Natural Resources to study the desirability and feasibility of a program which gives credits to a holder of a water right for water saved through a plan of conservation.
whereas, It is the policy of the State of Nevada to encourage the conservation of water by its residents; and
whereas, A program which gives credits to a holder of a water right for water saved through a plan of conservation would create an incentive for the holder of a water right to conserve water; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Director of the State Department of Conservation and Natural Resources is hereby directed to conduct a study of the desirability and feasibility of a program through which water credits would be provided to the holder of a water right whose efforts result in the conservation of water; and be it further
resolved, That the Director hold public hearings during the course of the study and report the results of the study and any recommended legislation to the 1993 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 State Department of Conservation and Natural Resources.
________
Assembly Concurrent Resolution No. 13–Committee on Government Affairs
FILE NUMBER 47
ASSEMBLY CONCURRENT RESOLUTION–Urging local governments to revise zoning restrictions and building codes to encourage the development of affordable mobile home parks for persons of low income.
whereas, Federal assistance for housing for persons of low income has been drastically reduced since 1980; and
whereas, The number of persons of low income who need affordable housing in this state increases each year; and
whereas, Many of those people are retired and have limited resources available for housing; and
whereas, Mobile home parks offer an affordable alternative to other types of housing; and
whereas, Certain requirements of local ordinances and building codes concerning the size of lots, setbacks and landscaping of mobile home parks increase the cost of construction and discourage the development of affordable mobile home parks for persons of low income; now, therefore, be it
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ê1991 Statutes of Nevada, Page 2516 (FILE NUMBER 47, ACR 13)ê
resolved by the assembly of the state of nevada, the senate concurring, That the legislature urges local governments of this state to revise their zoning ordinances and building codes to encourage the development of more affordable mobile home parks for persons of low income; and be it further
resolved, That copies of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to the governing bodies of all cities and counties and any other local governments that have the authority to adopt zoning ordinances or building codes in the state.
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Assembly Concurrent Resolution No. 38–Assemblymen Dini, Porter, Wendell Williams, Bennett, Gregory, Hardy, Scherer, Bayley, Giunchigliani, Spriggs, McGaughey, Geotting, Myrna Williams, Johnson, Wong, Marvel, Gibbons, Petrak, Anderson, Norton, Evans, Freeman, Carpenter, Lambert, Bache, Haller, Kerns, Little, Krenzer, Bergevin, Garner, Arberry, Stout, Pettyjohn, Heller, Spitler, Humke, McGinness, Elliott, Price, Callister and Sader
FILE NUMBER 48
ASSEMBLY CONCURRENT RESOLUTION–Designating March 22 and 23, 1991, as Nevada 4-H State Capital Days.
whereas, 4-H is one of the largest national and international out-of-school educational programs in the world with 5,000,000 members in the United States and over 42,000 members in the State of Nevada; and
whereas, In the late 19th century, in an effort to reach rural areas with the latest scientific information from agricultural colleges, may states formed organizations called “Farmers’ Institutes” and “boys and girls clubs”; and
whereas, In 1914 the Smith-Lever Act established the Cooperative Extension Service and provided the financial support that would be needed for a successful 4-H future; and
whereas, The Board of Regents of the University of Nevada System was authorized to participate in the Cooperative Extension Service by the Nevada Legislature in 1915; and
whereas, Since that time thousands of Nevada’s youth between the ages of 9 and 19 have become leaders in communities throughout this state; and
whereas, The present 4-H symbol which was designed 80 years ago is comprised of a green four-leaf clover with a white H on each leaf that stands for Head, Heart, Hands and Health representing the equal training of the head, heart, hands and health of every child; and
whereas, Members participating in 4-H clubs continue to adhere to the 4-H motto “To Make the Best Better,” through their participation in community projects and leadership programs; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That March 22 and 23, 1991, are hereby designated as Nevada 4-H State Capital Days; and be it further
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ê1991 Statutes of Nevada, Page 2517 (FILE NUMBER 48, ACR 38)ê
resolved, That the 4-H clubs of Nevada are to be heartily commended for their interest in our government and the legislative process; and be it further
resolved, That copies of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to the Nevada Cooperative Extension Service of the University of Nevada System.
________
Assembly Joint Resolution No. 8–Committee on Health and Welfare
FILE NUMBER 49
ASSEMBLY JOINT RESOLUTION–Urging Congress to increase the amount of financial assistance allotted to Head Start programs in Nevada.
whereas, Pursuant to the Head Start Project of the Federal Government, local Head Start programs are being operated in Nevada to provide comprehensive health, nutritional, educational, social and other services to preschool children from low-income families to assist these children in attaining their full potential; and
whereas, These local Head Start programs rely upon monetary assistance from the Federal Government for the financial support of their operations; and
whereas, The amount of assistance allotted by the Federal Government to Head Start programs in Nevada has not reflected the extraordinary increase in the population of this state; and
whereas, As a result of this disparity, these local Head Start programs have become financially unable to accommodate increasingly larger numbers of eligible children; 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 increase the amount of financial assistance allotted to Head Start programs in Nevada; and be it further
resolved, That copies of this resolution be prepared and transmitted by Chief Clerk of the Assembly to the Vice President of the Unites 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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ê1991 Statutes of Nevada, Page 2518ê
Senate Concurrent Resolution No. 10–Committee on Judiciary
FILE NUMBER 50
SENATE CONCURRENT RESOLUTION–Urging the Supreme Court of Nevada and the National Judicial College to establish a training program specifically for Nevada judges in alternative methods of resolving disputes.
whereas, In many jurisdictions there is a strong emphasis on judicial supervision of litigation and judges are being assigned the active role of guiding the progress of a case from its filing until its resolution; and
whereas, As courts move from managers of litigation to managers of resolution, it is imperative that the judges of this state be knowledgeable about the various methods of resolving disputes; and
whereas, Nevada is fortunate to be the home of the National Judicial College which currently offers a week-long introductory course in dispute resolution; and
whereas, Nevada judges would also benefit from a shorter course which emphasizes practical training exercises specifically tailored to Nevada law and the Nevada judicial system; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That Legislature of the State of Nevada hereby urges the Supreme Court and the National Judicial College to work together to establish a specialized training program for the judges of Nevada in alternative methods of resolving disputes in Nevada; and be it further
resolved, That copies of this resolution be prepared by the Secretary of the Senate and transmitted forthwith to the Chief Justice of the Supreme Court and the Dean of the National Judicial College.
________
Assembly Concurrent Resolution No. 11–Committee on Transportation
FILE NUMBER 51
ASSEMBLY CONCURRENT RESOLUTION–Directing the Department of Transportation and the Nevada Highway Patrol Division and Motor Carrier Division of the Department of Motor Vehicles and Public Safety to provide the Legislature with an analysis of the costs and benefits of constructing and operating ports of entry with Nevada before the construction of any port of entry is begun.
whereas, The construction of ports of entry may help to alleviate the problem of motor carriers entering the State of Nevada illegally; and
whereas, The estimated cost of constructing a port of entry is approximately $3,000,000; and
whereas, The estimated annual cost of operating a port of entry is approximately $1,000,000; and
whereas, It is uncertain whether the increased revenue to the State of Nevada resulting from the operation of a port of entry would be sufficient to offset the cost of constructing and operating a port of entry; now, therefore, be it
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ê1991 Statutes of Nevada, Page 2519 (FILE NUMBER 51, ACR 11)ê
resolved by the assembly of the state of nevada, the senate concurring, That the Department of Transportation and the Nevada Highway Patrol Division and Motor Carrier Division of the Department of Motor Vehicles and Public Safety are directed to work together to prepare an analysis of the costs and benefits of constructing and operating ports of entry within the State of Nevada before the construction of any port of entry is begun; and be it further
resolved, That upon completion, the analysis must be presented to the Senate and Assembly Standing Committees on Transportation if the Legislature is in regular session or to the Legislative Commission if the Legislature is not in regular session.
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Senate Concurrent Resolution No. 11–Committee on Judiciary
FILE NUMBER 52
SENATE CONCURRENT RESOLUTION–Urging the Nevada Supreme Court to encourage district judges to use the various techniques available to assist in achieving negotiated settlements.
whereas, Although statistics from the American Bar Association indicate only 4 percent of the filed civil cases are tried by a jury while 96 percent of the cases are settled, litigants incur needless expense and courts experience crowded dockets because most cases are not settled until they are “on the court house steps,” immediately before the jury trial is scheduled; and
whereas, The strict rules of evidence, which limit the information that may be considered, usually cause the verdict in a trial to be less satisfying and just than would be the result of a freely negotiated settlement which allowed consideration of all issues and facts actually affecting the parties’ dispute; and
whereas, In many jurisdictions there is a strong emphasis on judicial supervision of litigation and judges are assigned the task of guiding cases to negotiated settlement; and
whereas, A settlement conference is a judicially supervised and flexible procedure in the litigation process that combines elements of active judicial administration, sound case management and negotiation for the purpose of ending a lawsuit by compromise and settlement whenever appropriate; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Legislature of the State of Nevada hereby urges the Nevada Supreme Court to encourage the district judges of this state to be trained in the various techniques used to achieve negotiated settlements; and be it further
resolved, That each district judge be encouraged to take an active role in achieving negotiated settlements; and be it further
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ê1991 Statutes of Nevada, Page 2520 (FILE NUMBER 52, SCR 11)ê
resolved, That a copy of this resolution be prepared by the Secretary of the Senate and transmitted forthwith to the Chief Justice of the Supreme Court.
________
Senate Concurrent Resolution No. 12–Committee on Judiciary
FILE NUMBER 53
SENATE CONCURRENT RESOLUTION–Urging the State Bar of Nevada to inform the public about alternative methods of resolving disputes.
whereas, The State Bar of Nevada is a public corporation that governs the legal profession in this state, subject to the approval of the Supreme Court; and
whereas, Even though alternative methods of resolving disputes that serve the best interests of the public and the court system have been used nationwide for several years, many people are unaware of these alternatives to litigation; and
whereas, The judiciary and the other members of the legal profession share the responsibility to ensure the delivery of quality legal services to the public as well as ready access to fair and impartial forums that assist in the efficient resolution of disputes; and
whereas, More than 25 bar associations in the United States sponsor activities to educate the legal profession and the public about alternative methods of resolving disputes, their appropriate use and availability; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Legislature of the State of Nevada hereby urges the State Bar of Nevada to sponsor an ongoing program of education to inform the public about the existence of and uses for alternative methods of resolving disputes; and be it further
resolved, That copies of this resolution be prepared by the Secretay of the Senate and transmitted forthwith to the President of the State Bar of Nevada and the Chief Justice of the Nevada Supreme Court.
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ê1991 Statutes of Nevada, Page 2521ê
Senate Concurrent Resolution No. 31–Senators Raggio, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 54
SENATE CONCURRENT RESOLUTION–Memorializing the late Dr. Louis E. Lombardi.
whereas, This Legislature notes with profound sorrow the passing of Dr. Louis E. Lombardi, a man whose life was dedicated to serving the people of his community, this state and this country; and
whereas, Dr. Louis E. Lombardi was born in Reno in 1907 and graduated from Reno High School and the University of Nevada, Reno; and
whereas, After completing his medical education at the St. Louis School of Medicine, Dr. Lombardi opened his medical practice in Reno in 1934; and
whereas, Dr. Lombardi served his country during World War II with the Navy and Marine medical corps, participating in operations in Guam and Iwo Jima and receiving a Bronze Star and a Navy Commendation; and
whereas, Following the war, Dr. Lombardi devoted more than 25 years to service on the local selective service board; and
whereas, Dr. Louis Lombardi was a practicing physician for over 50 years and delivered more than 5,000 babies; and
whereas, Dr. Lombardi was the longest serving member of the Board of Regents of the University of Nevada System, was instrumental in establishing the University of Nevada School of Medicine, was a past president of the Washoe County Medical Society and was chief of staff of St. Mary’s Hospital; and
whereas, In recognition of his contributions in the fields of education and medicine, including serving 20 years as the Wolf Pack team physician which earned him the title of “Superfan,” the physical education complex at the University of Nevada, Reno, was named in his honor; and
whereas, Dr. Lombardi belonged to the Reno Rotary Club for more than 40 years, receiving the Rotary Lifetime Vocation Service Award in 1983, and was a 33rd degree Mason; and
whereas, In 1988, he was inducted into the Northern Nevada Business Leaders Hall of Fame, and was also a Knights Commander Court of Honor in the Scottish Rite and a member of the Red Cross of Constantine in the York Rite; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature hereby extend their deepest sympathy and sense of loss on the death of a distinguished Nevadan to Dr. Lombardi’s widow Mary Louise, daughters Susan Lombardi and Sara Thorman of Reno, stepsons Jon Chancellor of Tulsa, Oklahoma, and James Chancellor of San Antonio, Texas, and six grandchildren; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to Mary Louise Lombardi.
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ê1991 Statutes of Nevada, Page 2522ê
Senate Concurrent Resolution No. 32–Committee on Human Resources and Facilities
FILE NUMBER 55
SENATE CONCURRENT RESOLUTION–Directing the Department of Prisons to transport Leonard Hoyle and his mother to their home in Philadelphia, Pennsylvania.
whereas, Leonard Hoyle was paroled on March 8, 1991, from the Northern Nevada Correctional Center because of a terminal illness; and
whereas, Leonard Hoyle has asked that he be allowed to return home to die; and
whereas, Leonard Hoyle’s mother, Gloria Watson, has been unable to find public transportation to take her son home because he is confined to bed; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Department of Prisons is hereby directed to expend the money necessary, pursuant to NRS 209.511, to provide appropriate air transportation for Leonard Hoyle and his mother to their home in Philadelphia, Pennsylvania.
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Assembly Concurrent Resolution No. 23–Committee on Government Affairs
FILE NUMBER 56
ASSEMBLY CONCURRENT RESOLUTION–Approving the State of Nevada Drought Plan.
resolved by the assembly of the state of nevada, the senate concurring, That the Legislature hereby approves the State of Nevada Drought Plan adopted by the Administrator of the Division of Water Planning of the State Department of Conservation and Natural Resources pursuant to NRS 540.101 in January 1991; and be it further
resolved, That copies of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to Peter G. Morros, P.E., Director of the State Department of Conservation and Natural Resources and Everett A. Jesse, P.E., Administrator of the Division of Water Planning of the State Department of Conservation and Natural Resources.
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ê1991 Statutes of Nevada, Page 2523ê
Senate Concurrent Resolution No. 20–Committee on Natural Resources
FILE NUMBER 57
SENATE CONCURRENT RESOLUTION–Directing the Regional Water Planning and Advisory Board of Washoe County to work with the ditch companies and local governments to develop agreements concerning the future of ditches in the Truckee Meadows.
whereas, Irrigation ditches have played a vital role in the economy and development of the Truckee Meadows since the early days of its settlement by pioneers; and
whereas, A major portion of the land which was once used in agriculture has been converted to urban uses; and
whereas, This change in land use places a financial strain on the operators of the ditches and on those who still depend upon the ditches for irrigation water; and
whereas, The irrigation ditches are now being used for other purposes in addition to the function they originally served; and
whereas, The new uses of the irrigation ditches clearly provide a public benefit; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Nevada Legislature hereby directs the Regional Water Planning and Advisory Board of Washoe County, or its successor, to work with the ditch companies located in Washoe County to develop agreements with local governmental entities concerning the future of the ditches in the Truckee Meadows; and be it further
resolved, That the agreements must include:
1. Provisions which address the benefits and financial responsibilities associated with:
(a) The maintenance of ditches;
(b) Liability insurance;
(c) The use of ditches for storm drainage; and
(d) Any other factors which are agreed upon by the parties;
2. Provisions which protect the existing property rights of the ditch companies and permit them to continue to operate the ditches;
3. A description of the extent to which alternative uses, consolidation and the retirement of the ditches were considered; and
4. An analysis of the potential impact of alternative uses of the ditches on ground water basins;
And be it further
resolved, That the Regional Water Planning and Advisory Board of Washoe County, or its successor, shall report the progress made in the development of such agreements to the 67th session of the Nevada legislature; and be it further
resolved, That a copy of this resolution be prepared and transmitted by the Secretary of the Senate to the Regional Water Planning and Advisory Board of Washoe County.
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ê1991 Statutes of Nevada, Page 2524ê
Assembly Concurrent Resolution No. 40–Assemblymen Price, Dini, Evans, Stout, Petrak, Carpenter, Bennett, Krenzer, Elliott, Kerns, Little, Wendell Williams, Garner, Sader, Haller, Spitler, Arberry, Heller, Bergevin, Callister, Wong, Giunchigliani, Bache, Humke, Anderson, Norton, Bayley, Hardy, Marvel, Goetting, Pettyjohn, Johnson, Gregory, McGinness, Freeman, McGaughey, Gibbons, Lambert, Scherer, Spriggs, Porter and Myrna Williams
FILE NUMBER 58
ASSEMBLY CONCURRENT RESOLUTION–Designating April 4, 1991, as Nevada REALTORS® Day.
whereas, There are approximately 6,000 REALTORS® working in Nevada; and
whereas, The Nevada Legislature recognizes the importance of the service REALTORS® provide to the residents of Nevada; and
whereas, A better understanding of the legislative process is beneficial to all REALTORS® as laws are enacted every session which directly affect owners of property in Nevada; and
whereas, On April 4, 1991, REALTORS® from throughout Nevada will come to Carson City to meet members of this Legislature; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That April 4, 1991, is hereby designated as Nevada REALTORS® Day; and be it further
resolved, That members of the 66th session of the Nevada Legislature commend the REALTORS® of Nevada for their encouragement and support of the free enterprise system as they continue to promote ownership of private property by Nevada’s residents; and be it further
resolved, That a copy of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to the Nevada Association of REALTORS®.
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Assembly Concurrent Resolution No. 41–Assemblymen Haller, Anderson, Pettyjohn, Bache, Lambert, Goetting, Freeman, Bergevin, Sader, Callister, Arberry, Price, Gregory, Johnson, Wong, Gibbons, Marvel, Petrak, Bennett, Krenzer, Little, Spitler, Scherer, Garner, Dini, Elliott, Wendell Williams, Spriggs, Hardy, McGaughey, Porter, Norton, Bayley, Carpenter, Myrna Williams, Kerns, McGinness, Heller, Humke, Giunchigliani, Stout and Evans
FILE NUMBER 59
ASSEMBLY CONCURRENT RESOLUTION–Memorializing Nevada native and matriarch Ruth Davis Sullivan.
whereas, The members of the Nevada Legislature have learned with deepest sorrow of the death on February 17, 1991, of Ruth Davis Sullivan, lifelong resident of Nevada; and
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ê1991 Statutes of Nevada, Page 2525 (FILE NUMBER 59, ACR 41)ê
whereas, Mrs. Sullivan was born on June 15, 1896, to Walter Harris and Julia Dunham Davis, of Lovelock, Nevada; and
whereas, Mrs. Sullivan spent her early years in Lovelock, Austin and Wells and was a member of the first graduating class of Pershing County High School in 1914; and
whereas, Mrs. Sullivan continued her education by graduating from San Jose State Normal College and from the King’s Conservatory of Music at San Jose, California, and during World War II, trained to be a licensed practical nurse when the war created a shortage of nurses, serving in that capacity at Pershing General Hospital in Lovelock and Saint Mary’s Hospital in Reno; and
whereas, An accomplished pianist, Mrs. Sullivan taught piano to seven generations of children in Lovelock and Reno and was the founder of a popular dance band that performed in many small Nevada towns in the 1920s and 1930s called “The Lovelock Four”; and
whereas, Mrs. Sullivan grew up with a rich pioneer heritage that included her great uncle, Brigham Young, her great grandfather, Martin Harris, one of three witnesses to the Book of Mormon, an aunt, Clara Dunham Crowell of Austin who was appointed sheriff of Lander County in the 1880s and her father, Walter Harris Davis who was active in the development of mining properties in Seven Troughs, Scossa and Rochester; and
whereas, Mrs. Sullivan instilled a strong sense of patriotism and community service in her surviving family which includes Leola Hollingsworth Armstrong of Carson City, Marilyn Sullivan Cervantes of Sparks, Edgar Hollingsworth and Eugene Sullivan, both of Reno, Terry Sullivan of Carson City, 19 grandchildren and 11 great-grandchildren; and
whereas, Mrs. Sullivan was preceded in death by her husband, Eugene E. Sullivan, an infant son, Walter Davis Sullivan, and two daughters, LaVerne Hollingsworth and Nancy Gomes, a former member of the Washoe County School Board and Nevada State Assembly; and
whereas, Mrs. Sullivan was a member of the Washoe County Democratic Party, St. Therese the Little Flower Catholic Church and Catholic Daughters of Nevada; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the 66th session of the Nevada Legislature pay tribute to the memory of this gracious and distinguished native Nevadan and extend their sincere condolences to the family and friends of Ruth Davis Sullivan; and be it further
resolved, That a copy of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to the surviving family of Mrs. Sullivan.
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ê1991 Statutes of Nevada, Page 2526ê
Assembly Concurrent Resolution No. 42–Assemblymen Dini, Evans, Porter, Wendell Williams, Kerns, Krenzer, Bennett, Petrak, Marvel, Gibbons, Wong, Johnson, Gregory, Price, Bache, Callister, Sader, Bergevin, Freeman, Goetting, Lambert, Arberry, Pettyjohn, Anderson, Scherer, Bayley, Haller, McGinness, Spitler, Humke, McGaughey, Myrna Williams, Giunchigliani, Spriggs, Norton, Heller, Hardy, Garner, Elliott, Little, Carpenter and Stout
FILE NUMBER 60
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the late Assemblyman Marvin M. Sedway.
whereas, The members of the Nevada Legislature learned with great sorrow of the death of their colleague, Marvin M. Sedway, on July 7, 1990; and
whereas, The passing of Marvin Sedway will be felt by many other persons, including countless disadvantaged Nevadans who otherwise had no voice or champion in the legislative process; and
whereas, Martin M. Sedway was born on July 24, 1928, in New York City, but spent his formative years in southern Nevada where his family was a part of Nevada’s early gaming years; and
whereas, After graduating from Las Vegas High School and the University of Nevada-Reno, Marvin Sedway received his doctoral degree in optometry from Pacific University College of Optometry; and
whereas, Marvin M. Sedway was elected to the Nevada Assembly in 1982 and served until his untimely death at the age of 61; and
whereas, Marvin’s quick wit, sharp intellect and keen understanding of governmental finance rapidly led him to a position of leadership in the Nevada Assembly where he served ably as the Chairman of the Assembly Standing Committee on Ways and Means and the Interim Finance Committee; and
whereas, Marvin also served Nevada as a member of the State Health Coordinating Council, Nevada State Board of Optometry Examiners, Clark County Health Systems Agency, and Nevada Optometric Association; and
whereas, Marvin’s empathy toward the homeless, the mentally ill, the elderly and all other underprivileged persons was unbending; and
whereas, Marvin believed that the salvation of our society was to provide a good education for our children and young adults; and
whereas, Marvin’s penchant for speaking his mind with colorful expression was refreshing in the political arena where carefully chosen phases abound; and
whereas, Marvin’s inner drive, foresight and devotion to public service will long be remembered in Nevada and his loyal friendship missed; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the Nevada Legislature express their heartfelt sympathy and sincere condolences to the family and friends of the late Marvin M. Sedway, a colorful may who made a difference in the lives of the people of Nevada; and be it further
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ê1991 Statutes of Nevada, Page 2527 (FILE NUMBER 60, ACR 42)ê
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Assemblyman Sedway’s beloved wife, Kim, to his children, Stephanie and Michael, to his stepchildren, Roger, Marla, Arleen, Russell, Roberta and Cherlin, and to his grandchildren, Daniel, Brianna, Preston and Jimmy.
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Senate Joint Resolution No. 3 of the 65th Session–Senators Raggio, Neal, Rawson, Vergiels and Jacobsen
FILE NUMBER 61
SENATE JOINT RESOLUTION–Proposing 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, that 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.]
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Assembly Concurrent Resolution No. 6–Committee on Government Affairs
FILE NUMBER 62
ASSEMBLY CONCURRENT RESOLUTION–Urging cities and counties in this state to establish zones to protect wells which supply water to public water systems from contamination.
whereas, The Safe Drinking Water Act (42 U.S.C. §§ 300f et seq.) requires the monitoring of public water systems to determine the level of contaminants in that drinking water; and
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ê1991 Statutes of Nevada, Page 2528 (FILE NUMBER 62, ACR 6)ê
whereas, The Safe Drinking Water Act also permits a designated state agency to modify the frequency of required monitoring based upon assessments of the vulnerability of the sources of water to pollution; and
whereas, There is a need to protect the surface and subsurface areas surrounding a water well which supplies water to a public water system from contaminants which may reach the well; and
whereas, The establishment of zones for the protection of such surface and subsurface areas may be considered in determining the vulnerability of sources of water to pollution and may, therefore, be a factor in determining the frequency of required monitoring activities; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature hereby urges the governing bodies of cities and counties in this state to protect the quality of sources of drinking water in their communities by establishing, pursuant to the authority granted to them by NRS 278.020, 278.150, 278.160 and 278.250, zones for the protection of surface and subsurface areas surrounding water wells that supply water to public water systems in order to ensure that contaminants do not reach such wells; and be it further
resolved, That a copy of this resolution be transmitted by the Chief Clerk of the Assembly to the Nevada Association of Counties and to the Nevada League of Cities.
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Senate Concurrent Resolution No. 33–Committee on Legislative Affairs and Operations
FILE NUMBER 63
SENATE CONCURRENT RESOLUTION–Commending the Junior Leagues of Las Vegas and Reno.
whereas, The Junior Leagues of Las Vegas and Reno are affiliates of the Association of Junior Leagues International, established in New York City in 1901; and
whereas, The Junior League is an organization committed to 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; and
whereas, The Junior League of Las Vegas has been involved in such projects as the Community Alternative Sentencing Program (CAS), Drug Abuse Resistance Education (D.A.R.E.), Shade Tree Homeless Shelter, Adolescent Pregnancy Child Watch and expansion of the Red Rock Recreational Area in Las Vegas; and
whereas, The Junior League of Reno was instrumental in the development of Rancho San Rafael and Wilbur May’s Great Basin Adventure Discovery Room, and it is currently working with the Children’s Cabinet consisting of young adults who tutor “at risk” pupils in Washoe County, and they are educating children about the differences between the disabled and nondisabled children by supporting the Kids on the Block Program; and
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ê1991 Statutes of Nevada, Page 2529 (FILE NUMBER 63, SCR 33)ê
consisting of young adults who tutor “at risk” pupils in Washoe County, and they are educating children about the differences between the disabled and nondisabled children by supporting the Kids on the Block Program; and
whereas, The Junior League State Public Affairs Network (SPAN) advocates a position on children, women and older adults stating that the Junior Leagues of Reno and Las Vegas are committed to ensuring that children, women and older adults have the opportunities and services essential for their intellectual, economic, social, mental, physical and emotional well-being and will advocate to see that such opportunities and services are provided; and
whereas, The publications of the Junior Leagues, Focus on Nevada’s Children and Focus on Nevada’s Women Junior Leagues of Nevada have been taken into consideration by the Nevada Legislature when requesting and enacting legislation relating to children’s trust fund, foster care, displaced homemakers, child support and local and federal welfare programs; and
whereas, On March 5, 1991, members of the Junior Leagues of Reno and Las Vegas met with members of the Nevada Legislature in Carson City to advocate their 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 are hereby commended for their unselfish contributions to the residents of Nevada and to this country; and be it further
resolved, That copies of this resolution be transmitted by the Secretary of the Senate to the Junior League of Reno and the Junior League of Las Vegas.
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Assembly Joint Resolution No. 3–Committee on Government Affairs
FILE NUMBER 64
ASSEMBLY JOINT RESOLUTION–Urging Congress and the President to provide additional financial support for water systems.
whereas, Many water systems that are required to meet the standards set forth in the federal Safe Drinking Water Act lack the financial ability to make the necessary changes to their systems; and
whereas, Congress is considering or has considered the following legislation which would assist municipalities and states in financing investments in water systems:
1. The Environmental Infrastructure Bond Act, which assures tax-exempt status for bonds which finance sewage treatment facilities, drinking water and any other environmental control facilities, regardless of the amount of private participation in the project;
2. The Rural Water Supply Assistance Act of 1989, which allows federal capitalization grants to states for revolving loan funds to construct rural water systems and improvements for existing systems which serve less than 3,300 persons;
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ê1991 Statutes of Nevada, Page 2530 (FILE NUMBER 64, AJR 3)ê
3. The Rural Partnership Act of 1989, which establishes grants and revolving federal loans for rural areas to secure adequate water supplies and meet federal drinking water standards; and
4. An amendment to the Tax Reform Act of 1986, which restores the tax-exempt status of bond financing for privately financed facilities if 95 percent of the bond proceeds are dedicated to eligible projects and the facility serves the general public; and
whereas, There are existing federal programs, such as Community Development Block Grants and section 501 of the Disaster Assistance Act of 1989, which can provide additional support for small water systems; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the Legislature of Nevada urges the Congress and President of the United States to adopt legislation which provides additional financial support for water systems; and be it further
resolved, That Congress and the President are urged to provide additional funding through existing programs such as the Community Development Block Grants and section 501 of the Disaster Assistance Act of 1989; and be it further
resolved, That a copy of this resolution be transmitted 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 and each member of the Nevada Congressional Delegation.
________
Assembly Concurrent Resolution No. 43–Assemblymen Arberry, Wendell Williams, Marvel, Callister, Price, McGinness, Bache, Humke, Evans, Dini, Garner, Myrna Williams, Giunchigliani, Spriggs, Norton, Anderson, Kerns, Gregory, Johnson, Wong, Gibbons, Porter, McGaughey, Bergevin, Freeman, Goetting, Spitler, Lambert, Haller, Pettyjohn, Bayley, Scherer, Hardy, Heller, Krenzer and Bennett
FILE NUMBER 65
ASSEMBLY CONCURRENT RESOLUTION–Commending the NAACP for fostering improved relations with the Japanese.
whereas, The Western Region of the National Association for the Advancement of Colored People (NAACP) Mutual Interest Tour of Japan is an initial step taken to strengthen the relationship between the people of Japan and the African American people; and
whereas, The goal of this tour is to help create a greater understanding of Japan by Americans and of the United States among the people of Japan; and
whereas, Japanese economic growth and investments in the United States have increased significantly during the past decade and it is important that Americans and Japanese develop a productive partnership; now, therefore, be it
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ê1991 Statutes of Nevada, Page 2531 (FILE NUMBER 65, ACR 43)ê
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature wishes to commend the NAACP for its efforts toward improving relations with the Japanese through its Mutual Interest Tour of Japan; and be it further
resolved, That a copy of this resolution be prepared by the Chief Clerk of the Assembly and transmitted forthwith to James L. Martin, Regional Director of the Western Region of the National Association for the Advancement of Colored People.
________
Assembly Concurrent Resolution No. 44–Assemblymen Giunchigliani, Spitler, McGinness, Callister, Johnson, Goetting, Pettyjohn, Anderson, Scherer, Bayley, Freeman, Wong, Krenzer, Petrak, Bennett, Kerns, Stout, Little, Elliott, Norton, Myrna Williams, Spriggs, Hardy, McGaughey, Gregory, Humke, Arberry, Wendell Williams, Dini, Garner, Carpenter, Evans, Price, Porter, Lambert, Bache, Haller, Bergevin, Sader, Gibbons, Marvel and Heller
FILE NUMBER 66
ASSEMBLY CONCURRENT RESOLUTION–Commending the Nevada Parent-Teacher Association.
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 first parent-teacher association was organized in Nevada in 1941; and
whereas, The Nevada Parent-Teacher Association has a current membership of over 35,000; and
whereas, This month 250 delegates from the Nevada Parent-Teacher Association 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 assembly of the state of nevada, the senate concurring, That the 66th session of the Nevada Legislature hereby commends the members of the Nevada Parent-Teacher Association 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 Chief Clerk of the Assembly to Bonnie Parnell, President of the Nevada Parent-Teacher Association.
________
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ê1991 Statutes of Nevada, Page 2532ê
Senate Resolution No. 6–Committee on Legislative Affairs and Operations
FILE NUMBER 67
SENATE RESOLUTION–Providing for the appointment of additional attaches for the Senate.
resolved by the senate of the state of nevada, That Carol Bennis, Denise Pinnock and Marilyn Skibinski are elected as additional attaches of the Senate for the 66th session of the Legislature of the State of Nevada.
________
Assembly Concurrent Resolution No. 39–Committee on Ways and Means
FILE NUMBER 68
ASSEMBLY CONCURRENT RESOLUTION–Authorizing expenditure from the legislative fund for the payment of a speaker to appear before the standing committees of the Assembly and Senate during the 66th session of the Legislature.
resolved by the assembly of the state of nevada, the senate concurring, That expenditure of not more than $1,500 from the legislative fund is hereby authorized to compensate and reimburse Professor David Card from Princeton University, in connection with his appearance before the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance during the 66th session of the Legislature.
________
Assembly Concurrent Resolution No. 45–Assemblymen Gibbons, Dini, Marvel, Stout, Petrak, Carpenter, Bennett, Elliott, Krenzer, Little, Kerns, Wendell Williams, Wong, Johnson, Price, Arberry, Gregory, Callister, Bergevin, Freeman, Goetting, Lambert, Bache, Pettyjohn, Anderson, Scherer, Bayley, Haller, McGinness, Spitler, Humke, McGaughey, Sader, Myrna Williams, Giunchigliani, Spriggs, Norton, Heller, Hardy, Garner, Evans and Porter
FILE NUMBER 69
ASSEMBLY CONCURRENT RESOLUTION–Memorializing Washoe County deputy sheriff, Lieutenant Glenn Barnes.
whereas, It is with sincere regret and sadness that members of this legislative body learned of the recent, untimely death of Lieutenant Glenn L. Barnes; and
whereas, Glenn L. Barnes was born in Reno on February 11, 1950, and attended Reno schools, graduating from Wooster High School in 1968; and
whereas, After attending the University of Nevada where he was a member of Lambda Chi Alpha Fraternity, Glenn Barnes worked as a Reserve Deputy Sheriff from 1973 until 1975, joining full time in September 1975; and
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ê1991 Statutes of Nevada, Page 2533 (FILE NUMBER 69, ACR 45)ê
Deputy Sheriff from 1973 until 1975, joining full time in September 1975; and
whereas, While Glenn served as a deputy sheriff he was assigned to the Detention Division, the Incline Village Substation, the Reno Patrol Division, and the Detective Division; and
whereas, In February 1988, Glenn Barnes was promoted to Lieutenant and for his outstanding investigation skills he received the Washoe County Sheriff’s Office Meritorious Service Medal; and
whereas, Glenn Barnes was the commander of the Washoe County Sheriff’s Office Reserve Deputy program, and during the last 18 months he was the Search and Rescue Coordinator, working as commander of all search and rescue units which include the Washoe County Sheriff’s Hasty Team, Washoe County Search and Rescue, Washoe County Sheriff’s Mounted Posse, Washoe Jeep Squadron, Washoe County Sheriff’s Air Squadron and Snowmobile Search and Rescue; and
whereas, Glenn Barnes was involved in fundraising for the “DARE” program and was a Boy Scout troop leader in Reno for Boy Scout Troop One; and
whereas, Glenn Barnes will not only be missed by his friends and officers he was associated with, but his wife of 20 years, Diane, his daughter Jennifer, and his son Brian have suffered a tragic loss; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature is deeply saddened to have lost Lieutenant Glenn L. Barnes at such an early stage of his life but is thankful to have had his leadership abilities and high moral standards shared with those who were acquainted with him throughout his life; and be it further
resolved, That a copy of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to Glenn’s loving wife, Diane.
________
Senate Concurrent Resolution No. 13–Committee on Judiciary
FILE NUMBER 70
SENATE CONCURRENT RESOLUTION–Urging the Supreme Court of Nevada to require lawyers to discuss alternative methods of resolving disputes with their clients.
whereas, Guiding clients to a satisfactory resolution of their disputes is the heart of the practice of law; and
whereas, Derek Bok, President of Harvard University has stated:
Over the next generation, I predict that society’s greatest opportunities will lie in tapping human inclinations toward collaboration and compromise rather than stirring out proclivities for competition and rivalry. If lawyers are not leaders in marshalling cooperation and designing mechanisms that allow it to flourish, they will not be at the center of the most creative social experiments of our time; and
whereas, The fact that alternative methods for resolving disputes have proven to be efficient and equitable methods for resolving various claims is not always known by nonlawyers who mistakenly believe that litigation is the only viable option for resolving disputes; now, therefore, be it
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ê1991 Statutes of Nevada, Page 2534 (FILE NUMBER 70, SCR 13)ê
not always known by nonlawyers who mistakenly believe that litigation is the only viable option for resolving disputes; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Supreme Court of Nevada is hereby urged to expand the Supreme Court Rules governing the legal profession to require a lawyer to discuss with his clients the methods of resolving disputes which are available alternatives to litigation; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to the Chief Justice of the Supreme Court.
________
Assembly Concurrent Resolution No. 10–Committee on Transportation
FILE NUMBER 71
ASSEMBLY CONCURRENT RESOLUTION–Directing the Public Service Commission of Nevada to consider and address certain concerns of the public and the Legislature.
whereas, Various members of the public have expressed concerns over the regulation of the transportation industry by the Public Service Commission of Nevada; and
whereas, Members of the Legislative Commission’s Subcommittee to Study and Review Certain Laws and Regulations Relating to Transportation, Including a Review of the Regulation of Motor Carriers, have expressed similar concerns; and
whereas, It is the intent of the Legislature that the Public Service Commission of Nevada be responsive to the concerns of the public and the Legislature; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Public Service Commission of Nevada is directed to consider the concerns of both the public and the Legislative Commission’s Subcommittee to Study and Review Certain Laws and Regulations Relating to Transportation, Including a Review of the Regulation of Motor Carriers, relating to the regulation by the Public Service Commission of the transportation industry, as expressed during the meetings of the subcommittee; and be it further
resolved, That the Public Service Commission of Nevada report to the Senate and Assembly Standing Committees on Transportation of the 66th session of the Legislature on or before March 1, 1991, concerning the actions it has taken to address those concerns.
________
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ê1991 Statutes of Nevada, Page 2535ê
Senate Joint Resolution No. 6–Committee on Natural Resources
FILE NUMBER 72
SENATE JOINT RESOLUTION–Urging Congress to adopt a generally applicable definition of “wetland” for use in federal laws and regulations.
whereas, Approximately 95 million acres of wetlands currently exist in the lower 48 states of this nation; and
whereas, The federal policy toward those wetlands has been reversed in the past few years; and
whereas, The regulatory policies of several federal governmental agencies affect land determined to fall within the definition of “wetland”; and
whereas, Several differing definitions of the term “wetland” have been adopted by those agencies; and
whereas, Many Nevadans are adversely affected by the overlapping of these inconsistent and occasionally incomplete definitions; now, therefore, be it
resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature hereby urges the Congress of the United States to adopt legislation that will provide a universal definition of the term “wetland” generally applicable to all federal laws and regulations referring to wetlands and the related issues; and be it further
resolved, That the definition so adopted should specify that “wetland” means a naturally occurring area of predominantly hydric soils that presently support hydrophytic vegetation not common to cultivated land or farming practices; and be it further
resolved, That for the purposes of the “wetland” definition the phrase “hydric soil” should be defined to mean soil which is consistently wet enough to maintain an anaerobic condition that supports primarily hydrophytic vegetation, and “hydrophytic vegetation” should be defined to mean plants that grow in water or in soils which are made deficient of oxygen because of excessive water content and are generally considered to be a swamp or bog; and be it further
resolved, That the definition of “wetland” should specifically exclude land previously converted to farming as well as small acreages below a stated size; and be it further
resolved, That the definition of “wetland” should also specifically exclude areas created artificially by irrigation that would no longer meet the definition of “wetland” if the irrigation ceased, unless the artificial wetland was created specifically to replace a natural wetland no longer regulated as such because of that replacement; and be it further
resolved, That the Congressional approach to a wetlands program should protect private property rights as defined in federal Executive Order No. 12630, including water rights; and be it further
resolved, That the Congressional approach to a wetlands program should not consider farming practices such as leveling the land, regardless of the method used, as “dredge and fill” operations subject to regulation; and be it further
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ê1991 Statutes of Nevada, Page 2536 (FILE NUMBER 72, SJR 6)ê
resolved, That the Congressional approach to a wetlands program should recognize that unique conditions exist in each state which require flexibility in the application of the federal policy toward wetlands of “no net loss”; 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.
________
Assembly Concurrent Resolution No. 47–Assemblymen McGinness, Evans, Lambert, Haller, Krenzer, Spitler, Goetting, Freeman, Humke, Bergevin, Wendell Williams, Bache, Anderson, Pettyjohn, Scherer, Bayley, Porter, Little, Petrak, Elliott, Bennett, Carpenter, Stout, Marvel, Kerns, Gibbons, Wong, Arberry, Johnson, Myrna Williams, McGaughey, Dini, Norton, Callister, Heller, Garner, Gregory, Sader, Spriggs, Hardy, Price and Giunchigliani
FILE NUMBER 73
ASSEMBLY CONCURRENT RESOLUTION–Designating April 18, 1991, as Kiwanis Day in Nevada.
whereas, Seventy-six years ago the “Benevolent Order of the Brothers” was organized in Detroit, Michigan, on January 21, 1915, with the goal of having “a mutual exchange of preferred treatment in professional and business dealings”; and
whereas, The following year the club’s name was changed to “Kiwanis,” a form of the Chippewa Indian word “Nun Keewanis,” which means “self expression” and “We make ourselves known”; and
whereas, Members of Kiwanis work toward six principles, including (1) the primacy of spiritual values, (2) living by the Golden Rule, (3) adhering to high personal standards, (4) engendering strong citizenship, (5) building better communities through service, and (6) 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 communities in Nevada; and
whereas, Members of the Nevada Legislature are honored to have Governor Allen S. “Bud” Olds and Governor-elect John E. Roberto 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 members of the Nevada Legislature hereby designate April 18, 1991, as Kiwanis Day in Nevada, in recognition of the dedication toward helping others and the accomplishments achieved by members of Kiwanis while serving their communities; and be it further
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ê1991 Statutes of Nevada, Page 2537 (FILE NUMBER 73, ACR 47)ê
helping others and the accomplishments achieved by members of Kiwanis while serving their communities; and be it further
resolved, That copies of this resolution be transmitted by the Chief Clerk of the Assembly to Governor Allen B. “Bud” Olds, Governor-elect John E. Roberto and Lieutenant Governors of the respective divisions of Nevada, Frank R. Costa of Division 23, Charles Schenck Jr. of Division 28 and Charles D. Keller of Division 45.
________
Assembly Concurrent Resolution No. 50–Assemblymen Spriggs, Dini, Garner, Myrna Williams, Elliott, Stout, Little, Bennett, Petrak, Krenzer, Kerns, Evans, Porter, Wendell Williams, Spitler, McGinness, Haller, Bayley, Scherer, Anderson, Pettyjohn, Bache, Lambert, Freeman, Bergevin, Sader, Callister, Arberry, Price, Johnson, Gregory, Wong, Gibbons, Giunchigliani, Norton, Hardy, Marvel, McGaughey, Humke, Heller, Goetting and Carpenter
FILE NUMBER 74
ASSEMBLY CONCURRENT RESOLUTION–Memorializing former legislator from Mineral County, Warren E. Johnson.
whereas, The Legislature of the State of Nevada notes with sorrow and regret the recent passing of Warren Ethridge Johnson on March 23; and
whereas, Warren Johnson was born on February 14, 1912, in Manassa, Colorado, to Thomas and Phoebe Jensen Johnson; and
whereas, Warren Johnson and Doris Christensen were married on March 24, 1940, in Reno, Nevada; and
whereas, After graduating from Capital College of Pharmacy in Denver, Colorado, Warren Johnson moved to Hawthorne where he owned Johnson’s Pharmacy in Babbitt from 1951 to 1972; and
whereas, Mr. Johnson represented Mineral County in 1961 and was chosen as “Outstanding Legislator” during that session; and
whereas, While serving as an Assemblyman, Mr. Johnson was responsible for Nevada’s first civil rights legislation and for eliminating the practice of selling babies on the black market; and
whereas, Mr. Johnson was preceded in death by a daughter, Catherine, and is survived by his wife Doris, of Carson City, and three sons, Dale of Carson City, David of Gardnerville and Tom of Bountiful, Utah; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the Nevada Legislature extend their heartfelt condolences to the family of Warren Johnson for the loss they have suffered; and be it further
resolved, That a copy of this resolution be prepared and transmitted forthwith by the Chief Clerk of the Assembly to Doris Johnson.
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ê1991 Statutes of Nevada, Page 2538ê
Assembly Resolution No. 6–Assemblymen Dini, Price, Giunchigliani, McGinness, Anderson, Humke, Petrak, Wendell Williams, Pettyjohn, Goetting, Heller, Spitler, Myrna Williams, Arberry, Stout, Marvel, Evans, Callister, McGaughey, Freeman, Elliott, Bergevin, Johnson, Norton, Scherer, Carpenter, Wong, Garner, Haller, Bache, Spriggs, Little, Hardy, Gregory, Lambert, Bennett, Krenzer, Kerns, Porter, Bayley, Gibbons and Sader
FILE NUMBER 75
ASSEMBLY RESOLUTION–Designating Monday, April 22, 1991, as Old Timers’ Day in the Assembly.
whereas, Legislative service is true public service, requiring personal and professional sacrifice for the benefit of the people of this state; and
whereas, Nevada has been fortunate that the men and women who have served in its Legislature have willingly made the sacrifice, and have represented their constituents with unparalleled distinction; and
whereas, On April 22, 1991, many of the outstanding Legislators from prior sessions will once again descend upon Carson City to renew old friendships and rekindle old memories; and
whereas, The current members of the Nevada Assembly understand and appreciate the sacrifice, dedication and hard work of these former Legislators, and wish to commend them for their service to the people of this state; now, therefore, be it
resolved by the assembly of the state of nevada, That the members of this body hereby designate Monday, April 22, 1991, as Old Timers’ Day in the Nevada Assembly out of respect and admiration for the contributions made to this state by all former Legislators; and be it further
resolved, That the “old timers” in attendance are urged to reminisce and share their experiences with the current members of the Assembly and with one another.
________
Senate Resolution No. 7–Senators Vergiels, Raggio, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend and Tyler
FILE NUMBER 76
SENATE RESOLUTION–Inducting James W. Haines into the Senate Hall of Fame.
whereas, The Senate of the Legislature of the State of Nevada has established a Senate Hall of Fame whose members are selected by leadership from those past Senators who have served with distinction; and
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
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ê1991 Statutes of Nevada, Page 2539 (FILE NUMBER 76, SR 7)ê
whereas, James W. Haines was born in Canada in 1825 and moved to Douglas County where he became a farmer; and
whereas, Mr. Haines was a member of the first and second State Constitutional Conventions of Nevada and was Nevada’s representative to the United States Centennial Celebration in Philadelphia in 1876; and
whereas, Mr. Haines served as a representative from Douglas County in the Senate of the Legislature of the State of Nevada from 1864 to 1870 and from 1879 to 1882, participating in six regular sessions and one special session, including the very first legislative session held in Nevada; and
whereas, During his tenure as a Senator, Mr. Haines was Chairman of the Committee on Ways and Means and Chairman of the Committee on Rules and Joint Rules; and
whereas, Mr. Haines was a member of the Board of Regents of the University of Nevada from 1890 to 1894; now, therefore, be it
resolved by the senate of the state of nevada, That Senator James W. Haines, who exemplified the highest and best standards of elective office, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.
________
Senate Resolution No. 8–Senators Vergiels, Raggio, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend and Tyler
FILE NUMBER 77
SENATE RESOLUTION–Inducting Noble H. Getchell into the Senate Hall of Fame.
whereas, The Senate of the Legislature of the State of Nevada has established a Senate Hall of Fame whose members are selected by leadership from those past Senators who have served with distinction; and
whereas, Certain past state Senators have distinguished themselves with their exemplary contributions to the State of Nevada and in their businesses and private lives; and
whereas, Noble H. Getchell was a great leader in the nation’s mining industry for 50 years with mines from the Arctic to Mexico, and from Newfoundland to California; and
whereas, Mr. Getchell began his mining career in Nevada by developing the famous Betty O’Neal mine near Battle Mountain and later established one of the world’s greatest gold and tungsten producing mines at Kelly Creek in Humboldt County; and
whereas, Mr. Getchell served as a representative from Lander County in the Senate of the Legislature of the State of Nevada from 1923 until 1942, participating in 10 regular sessions and 2 special sessions; and
whereas, Mr. Getchell provided 4-year scholarships to the University of Nevada at Reno for promising students from the Battle Mountain and Austin areas for many years and in recognition of his generosity and support, the Library at the University of Nevada at Reno was named in his honor; and
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ê1991 Statutes of Nevada, Page 2540 (FILE NUMBER 77, SR 8)ê
areas for many years and in recognition of his generosity and support, the Library at the University of Nevada at Reno was named in his honor; and
whereas, While a member of the Senate, Mr. Getchell was President Pro Tempore in 1927, majority floor leader in 1941, Chairman of the Committee of Mines and Mining from 1925 to 1933, and also from 1939 to 1941; now, therefore, be it
resolved by the senate of the state of nevada, That Senator Noble H. Getchell, who served his state with distinction and honor, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.
________
Senate Resolution No. 9–Senators Vergiels, Raggio, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend and Tyler
FILE NUMBER 78
SENATE RESOLUTION–Inducting Fred H. Settelmeyer into the Senate Hall of Fame.
whereas, The Senate of the Legislature of the State of Nevada has established a Senate Hall of Fame whose members are selected by leadership from those past Senators who have served with distinction; and
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, Fred H. Settelmeyer was a native of Nevada, and a rancher and businessman in the Carson Valley; and
whereas, Mr. Settelmeyer served as a representative of Douglas County in the Senate of the Legislature of the State of Nevada from 1947 to 1962, participating in nine regular sessions and three special sessions; and
whereas, During his tenure in the Senate, Mr. Settelmeyer was President Pro Tempore in 1955 and 1957 and Chairman of the Senate Finance and Banking Committees; and
whereas, Following his service in the Legislature, Mr. Settelmeyer continued to work hard to improve the communities of Douglas County and in recognition of his contributions, he received the Distinguished Nevadan of the Year Award from the University of Nevada at Reno, the Presidents Award from the Nevada State Cattlemen’s Association and the Man of the Year Award for the Carson Valley; now, therefore, be it
resolved by the senate of the state of nevada, That Senator Fred H. Settelmeyer, a man who served his community and state with distinction, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.
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ê1991 Statutes of Nevada, Page 2541ê
Senate Resolution No. 10–Senators Vergiels, Raggio, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend and Tyler
FILE NUMBER 79
SENATE RESOLUTION–Inducting B. Mahlon Brown into the Senate Hall of Fame.
whereas, The Senate of the Legislature of the State of Nevada has established a Senate Hall of Fame whose members are selected by leadership from those past Senators who have served with distinction; and
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, B. Mahlon Brown has been a resident of Nevada for 68 years, serving during World War II in the United States Navy from 1943 to 1946; and
whereas, The distinguished former state Senator received a degree in law from National University, now known as George Washington University, Washington, D.C., in 1937; and
whereas, Mr. Brown served as a representative from Clark County in the Senate of the Legislature of the State of Nevada from 1951 to 1976, participating in 14 regular sessions and 7 special sessions; and
whereas, Mr. Brown served as Majority Floor Leader of the Nevada Senate from 1965 to 1975, the longest service of any Senator in Nevada history in this capacity; and
whereas, Mr. Brown was a member of the Executive Committee of the National Legislative Conference, Executive Committee of the National Conference of State Legislative Leaders, Executive Committee of the National Conference of State Legislatures and Executive Committee of the Western Council of State Governments; now, therefore, be it
resolved by the senate of the state of nevada, That Senator B. Mahlon Brown, who was an outstanding leader and highly respected member of the Senate for many years, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.
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ê1991 Statutes of Nevada, Page 2542ê
Assembly Concurrent Resolution No. 48–Assemblymen Arberry, Elliott, Wendell Williams, McGaughey, Callister, Dini, Myrna Williams, Porter, Evans, Price, Giunchigliani, Garner, Heller, Humke, McGinness, Goetting, Spitler, Anderson, Bache, Gibbons, Freeman, Sader, Marvel, Wong, Johnson, Gregory, Kerns, Bennett, Petrak, Krenzer, Haller, Norton, Little, Hardy, Bergevin, Lambert, Pettyjohn, Bayley, Scherer, Carpenter, Stout and Spriggs
FILE NUMBER 80
ASSEMBLY CONCURRENT RESOLUTION–Designating Friday, April 19, 1991, as Sammy Davis, Jr. Day in the State of Nevada.
whereas, Sammy Davis, Jr. began performing in 1929 when he was only 3 years old; and
whereas, During the next 60 years, until his untimely death at the age of 64 years on May 16, 1990, Sammy Davis, Jr. became known as “Mr. Entertainer,” a title affectionately attributed to him because of his unmatched talent as a singer, dancer, musician, actor, comedian, writer and producer; and
whereas, A true humanitarian, Sammy Davis, Jr. devoted much of his life to helping others, often making 60 benefit performances and appearances in a year; and
whereas, Throughout his life he was recognized and honored by many organizations including receiving the Spingarn Medal from the National Association for the Advancement of Colored People in recognition of “the highest and noblest achievement by an American Negro” in 1967, and in 1971 he was named to the National Advisory Council on Economic Opportunity; and
whereas, In 1972, Sammy Davis, Jr. was named to the National Commission on Drug Abuse and he also went to Viet Nam where, as a Presidential emissary, he entertained and personally visited with the enlisted men; and
whereas, Sammy Davis, Jr. was extremely moved at the Northern Nevada National Conference for Christians and Jews when he was awarded their highest honor, the National Humanitarian Award; and
whereas, Because of his generosity, concern and support, there is a Sammy Davis, Jr. National Liver Institute at the University of Medicine and Dentistry of New Jersey in Newark; and
whereas, Sammy Davis, Jr. first performed at Harrah’s in March 1961, at Lake Tahoe, and he continued to entertain more audiences than any other entertainer at Harrah’s with his final public performance at Harrah’s Tahoe in September 1989; and
whereas, In appreciation of Sammy’s “lifetime contract” with Mr. William F. Harrah, the showroom at Harrah’s Reno will be dedicated to his memory when it is named “Sammy’s Showroom” on April 19, 1991; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the 66th session of the Nevada Legislature hereby designate April 19, 1991, as Sammy Davis, Jr. Day in Nevada in recognition of a man who dedicated his life to bringing happiness into the world through his enormous talent in the world of entertainment and his tireless efforts on behalf of charitable organizations; and be it further
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ê1991 Statutes of Nevada, Page 2543 (FILE NUMBER 80, ACR 48)ê
his enormous talent in the world of entertainment and his tireless efforts on behalf of charitable organizations; and be it further
resolved, That members of the Nevada Legislature extend their condolences to the friends and family of Sammy Davis, Jr.; and be it further
resolved, That a copy of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to Altovise Davis, the loving wife of Sammy Davis, Jr.
________
Assembly Concurrent Resolution No. 49–Committee on Legislative Functions and Elections
FILE NUMBER 81
ASSEMBLY CONCURRENT RESOLUTION–Providing for the compensation of the clergy for services rendered to the Assembly and Senate during the 66th 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 66th 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 $30 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 66th session of the Nevada Legislature.
________
Senate Resolution No. 11–Senators Vergiels, Raggio, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend and Tyler
FILE NUMBER 82
SENATE RESOLUTION–Inducting Vernon E. Bunker as an honorary member of the Senate Hall of Fame.
whereas, Vernon E. Bunker is a native Nevadan who was born on April 23, 1904, to Martin Allen Bunker and Helen Euphemia McNeil in St. Thomas, Lincoln County, Nevada; and
whereas, One of Nevada’s more prominent and colorful residents, Mr. Bunker began riding the range on a mare named “Fly” at the age of 3 years, and as he matured he used to win money at rodeos in calf roping and team roping and in later years he was a cattle rancher; and
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ê1991 Statutes of Nevada, Page 2544 (FILE NUMBER 82, SR 11)ê
and as he matured he used to win money at rodeos in calf roping and team roping and in later years he was a cattle rancher; and
whereas, Mr. Bunker married Rose Stewart on September 7, 1926, raised four children, Patricia Ann, Jolene, William and Barry, and he is famous to his 31 grandchildren and 29 great grandchildren for the “walking around money” that is always to be found in his pockets; and
whereas, Mr. Bunker served for 5 years as Bishop of the Las Vegas Third Ward of the Mormon Church and as a missionary in Front Royal, Virginia, and Kaiser, West Virginia, where he overcame misconception and distrust with his humor, warmth and Nevada hospitality; and
whereas, Mr. Bunker worked for the First State Bank of Nevada in Las Vegas for 17 years, was a co-owner of a small dairy that later merged with Clark Dairy Company during the early 1950s, worked as an insurance agent for American Hardware Mutual where he was named “Field Representative of the Year” and later opened his own insurance agency; and
whereas, Mr. Bunker was a former member of the board of directors of the University of Nevada, Las Vegas Scholarship Foundation for the Rebels’ Club, former member of the board of directors of the Henderson Boys’ Club, a charter member of the Clark County Sheriff’s Mounted Posse and a member of the board of directors of the Southern Nevada Horse Racing Association; and
whereas, Mr. Bunker represented Clark County as an Assemblyman from 1959 to 1966 and as a Senator from 1967 to 1970, participating in seven regular sessions and four special sessions, serving as Speaker Pro Tempore for 2 years and Majority Floor Leader of the Nevada Assembly for 4 years; and
whereas, In 1965, Vernon Bunker introduced a Civil Rights bill that required equal access and seating in restaurants for all races; and
whereas, Mr. Bunker was a member of an Interim Legislative Committee to study corporate gaming and was chairman of the Clark County Delegation for 6 years; and
whereas, Mr. Bunker has served with distinction as the Senate Sergeant at Arms from 1979 to 1991, participating in seven regular sessions and two special sessions; and
whereas, Mr. Bunker’s dedicated expertise and friendly personality will be sorely missed by legislators, staff and friends from all over Nevada when he retires after this session; and
whereas, Mr. Bunker and his present wife, Earline, look forward to spending quality time with loved ones and friends at their home in Logandale; and
whereas, The Senate of the Legislature of the State of Nevada wishes to recognize Vernon E. Bunker for his dedicated service as Sergeant at Arms and for his term of office as an elected member of the Senate; now, therefore, be it
resolved by the senate of the state of nevada, That Vernon E. Bunker, who exemplified the highest and best standards of public service as a Senator and Sergeant at Arms, is hereby inducted as an honorary member of the Senate Hall of Fame of the 66th session of the Legislature of the State of Nevada; and be it further
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ê1991 Statutes of Nevada, Page 2545 (FILE NUMBER 82, SR 11)ê
resolved, That a copy of this resolution be transmitted forthwith by the Secretary of the Senate to Mr. Vernon E. Bunker and to his children Patricia Ann, Jolene, William and Barry.
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Assembly Joint Resolution No. 23 of the 65th Session–Committee on Government Affairs
FILE NUMBER 83
ASSEMBLY JOINT RESOLUTION–Proposing 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. 34–Committee on Judiciary
FILE NUMBER 84
ASSEMBLY CONCURRENT RESOLUTION–Congratulating the National Conference of Commissioners on Uniform State Laws on its coming centennial.
whereas, More than 100 years ago, the State of New York first authorized the appointment of commissioners to consider means of promoting uniformity among the laws of the states upon certain subjects, and in 1891 the first conference, of seven states, met and proposed three uniform acts upon acknowledgments and wills; and
whereas, This state joined the conference in 1911, and by 1912 every state of the United States was participating; and
whereas, Nevada’s first commissioners, A.E. Cheney of Reno and Frank R. McNamee of Caliente, have been followed by 37 others, of whom the current commissioners are Robert R. Barengo, Frank W. Daykin, Lorne J. Malkiewich and two members of the legislature, Senator Ernest E. Adler and Assemblyman Robert M. Sader; and
whereas, Nevada has made good use of the work of the Conference, enacting first the Uniform Negotiable Instruments Law in 1907 and having in force at the beginning of this session 47 uniform acts, among them the Uniform Commercial Code which embraces that first enactment; and
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ê1991 Statutes of Nevada, Page 2546 (FILE NUMBER 84, ACR 34)ê
whereas, All commissioners serve without compensation, dedicating their contributions to the jurisprudence of the states as part of their public service due as members of the bar; and
whereas, The Conference will meet this year for the 100th time and will observe its 100th anniversary in 1992; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That this legislature now congratulates the National Conference of Commissioners on Uniform State Laws upon 100 years of consistent contribution to the development of state law, of constant service to the residents of this state and all its sister states and the other jurisdictions embraced within the sovereignty of the United States, and of unwavering commitment to the principle of uniformity of law in those fields where uniformity best serves the states and their residents, and commends the past and present commissioners from this state upon their 80 years of contribution to this work, without which this state and all our sister states would be the poorer; and be it further
resolved, that a copy of this resolution be prepared and transmitted by the Chief Clerk of the Assembly to Oglesby H. Young, Esq., on behalf of the Committee on Centennial Celebration of the Conference.
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Senate Concurrent Resolution No. 37–Senators Coffin, Adler, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 85
SENATE CONCURRENT RESOLUTION–Designating the week of April 21, 1991, through April 27, 1991, as Victims’ Rights Week.
whereas, A violent crime is committed approximately every 19 seconds in this country; and
whereas, Victims of crime often suffer not only physical injuries, but devastating emotional trauma and pecuniary losses as well; and
whereas, The provision of aid to victims of crime requires a combination of effective short-term and long-term services relating to prevention, intervention and treatment; and
whereas, Cooperation among professionals, concerned parents, volunteers and public officials is beneficial to provide aid to and ease the plight of victims of crime in our state; and
whereas, The Nevada Legislature has supported and continues to support, through its legislative efforts, innocent victims of crime; and
whereas, The observance of a Victims’ Rights Week provides an excellent opportunity for all residents of this state to reflect upon this tragic problem, become more aware of the problems faced by victims of crime and take an active role in providing aid and support for victims of crimes in their communities; now, therefore, be it
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ê1991 Statutes of Nevada, Page 2547 (FILE NUMBER 85, SCR 37)ê
resolved by the senate of the state of nevada, the assembly concurring, That the week of April 21, 1991, through April 27, 1991, is hereby designated as “Victims’ Rights Week” in the State of Nevada; and be it further
resolved, That the Nevada Legislature hereby commends all persons who and organizations which provide services to victims of crime for their continuing efforts to help those victims in need of understanding and assistance and to achieve a balance between the rights of the accused and the rights of the victims; and be it further
resolved, That, during Victims’ Rights Week, the people of Nevada are urged to consider the problems faced by victims of crime and the importance of the prevention of crime and the provision of aid to victims of crime.
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Assembly Concurrent Resolution No. 55–Assemblymen Dini, Anderson, Arberry, Bache, Bayley, Bennett, Bergevin, Callister, Carpenter, Elliott, Evans, Freeman, Garner, Gibbons, Giunchigliani, Goetting, Gregory, Haller, Hardy, Heller, Humke, Johnson, Kerns, Krenzer, Lambert, Little, McGaughey, McGinness, Marvel, Norton, Petrak, Pettyjohn, Porter, Price, Sader, Scherer, Spitler, Spriggs, Stout, Myrna Williams, Wendell Williams and Wong
FILE NUMBER 86
ASSEMBLY CONCURRENT RESOLUTION–Commending secretaries for their valuable contributions in Nevada during Secretaries’ Week and throughout the year.
whereas, Conscientious and efficient secretaries are essential to the proper management of any business or other organization; and
whereas, The duties demanded of a secretary require sophisticated skills and the ability to assume tremendous responsibility while exercising initiative and sound judgment; and
whereas, Secretaries, because of their knowledge of computer systems and ability to work with detail, have played a major role in the successful conversion to automation in many businesses and other organizations; and
whereas, Accomplished secretaries devote extensive time and energy to the acquisition of requisite skills; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Legislature of the State of Nevada commends all secretaries in this state on their valuable contributions and professionalism.
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ê1991 Statutes of Nevada, Page 2548ê
Assembly Concurrent Resolution No. 59–Assemblymen Anderson, Evans, Sader, Bergevin, Spriggs, Giunchigliani, Gregory, Pettyjohn, Wong, Johnson, Goetting, Callister, Gibbons, Bennett, Petrak, Bache, Scherer, Norton, Humke, Bayley, McGinness, Haller, Wendell Williams, Garner, Marvel, Stout, Freeman, Lambert, Arberry, Carpenter, Little, Porter, McGaughey, Elliott, Hardy, Price, Kerns, Krenzer, Heller and Dini
FILE NUMBER 87
ASSEMBLY CONCURRENT RESOLUTION–Declaring the annual Sparks Hometowne Christmas Parade as the official Christmas parade of the State of Nevada.
whereas, The Sparks Hometowne Christmas Parade is the largest Christmas celebration in the State of Nevada; and
whereas, Each year since its origination in 1987, the Sparks Hometowne Christmas Parade has increased in the number of parade entries from only 29 entries in 1987 to 85 advanced entries for 1991; and
whereas, Last year, included along the parade’s route were four parade stands with live entertainment by well-known celebrities; and
whereas, Last year this beautiful parade was televised by a local affiliate of a national broadcasting company and it was so successful that it will be televised in the future; and
whereas, The entire celebration is actually a full day of activities designed to bring feelings of love, warmth and happiness to its participants; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the 66th session of the Nevada Legislature hereby commend the initiative, dedication and hard work demonstrated by the organizers of the Sparks Hometowne Christmas Parade; and be it further
resolved, That the Nevada Legislature hereby declares that the Sparks Hometowne Christmas Parade is the official Christmas parade of 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 Sparks Redevelopment Agency and the City Manager of the City of Sparks.
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ê1991 Statutes of Nevada, Page 2549ê
Assembly Concurrent Resolution No. 56–Assemblymen Dini, Myrna Williams, Price, Giunchigliani, Spriggs, Heller, Spitler, Sader, Goetting, Bache, Pettyjohn, Anderson, Bayley, Stout, Little, Bergevin, Freeman, Haller, Lambert, Scherer, Humke, McGaughey, Norton, Hardy, Garner, Petrak, Elliott, Carpenter, Bennett, Krenzer, Kerns, Wendell Williams, Evans, Porter, Arberry, Gregory, Johnson, Wong, Gibbons, McGinness, Marvel and Callister
FILE NUMBER 88
ASSEMBLY CONCURRENT RESOLUTION–Commending Brett McGinness for winning the Nevada State Spelling Bee.
whereas, Brett McGinness, the 13-year-old son of Assemblyman Mike McGinness, recently gained attention throughout this state when he won the Nevada State Spelling Bee sponsored by the Donrey Media Group in Nevada; and
whereas, Brett qualified for the competition by winning a 7th grade spelling bee and then participated in the statewide competition which was held on April 6, 1991, at the Thomas and Mack Center in Las Vegas, defeating 39 contestants from the State of Nevada; and
whereas, Upon winning the state competition, Brett received a $1,000 savings bond from the Nevada State Elks Past Exalted Rulers and a set of Encyclopedia Britannica; and
whereas, Brett McGinness is currently preparing for the Scripps-Howard National Spelling Bee which will be held in Washington D.C. from May 26 through June 1, 1991; and
whereas, Brett has excelled in school and is currently a member of the National Junior Honor Society, the Churchill County Junior High School Student Council, the Churchill County Junior High School “Pride Club” and he is an “A” Honor Roll student; and
whereas, Brett has also held the position of Senior Patrol Leader in Boy Scout Troop 423 in Fallon and he currently is a Patrol Leader of Venture Patrol with the rank of “Star”; now, therefore, be it
whereas,
resolved by the assembly of the state of nevada, the senate concurring, That the members of the Nevada Legislature hereby congratulate and commend Brett McGinness for his outstanding achievement in the Nevada State Spelling Bee and wish him good luck in the upcoming national competition; and be it further
resolved, That Brett’s mother and father, Dee and Mike McGinness and siblings Ryan and Shannon McGinness are also commended for the support and encouragement they have given Brett which has helped him achieve his goals; and be it further
resolved, That a copy of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to Brett McGinness.
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ê1991 Statutes of Nevada, Page 2550ê
Assembly Concurrent Resolution No. 60–Assemblymen Goetting, Stout, Carpenter, Elliott, Little, Garner, Myrna Williams, Giunchigliani, Spriggs, Scherer, Norton, Heller, Hardy, Haller, McGinness, Spitler, McGaughey, Porter, Evans, Wendell Williams, Kerns, Krenzer, Bennett, Petrak, Marvel, Gibbons, Wong, Johnson, Arberry, Sader, Gregory, Bergevin, Freeman, Lambert, Bache, Anderson, Pettyjohn, Bayley, Humke, Price and Dini
FILE NUMBER 89
ASSEMBLY CONCURRENT RESOLUTION–Commending Michael Landon for his courage in his battle against cancer.
whereas, Thirty-one years ago the television series Bonanza premiered, bringing instant national attention to Nevada; and
whereas, The pilot episode was filmed in 1959 near Incline Village, and every year thereafter the film crews would return to include the Tahoe Basin, Virginia City and Truckee Meadows as backdrops for the series; and
whereas, The Ponderosa Ranch has been recreated at Incline Village and every year nearly 250,000 visitors drop in for a visit into the past with the Cartwright family; and
whereas, Bonanza ran for 14 years and the world came to know and love the Cartwright family, and especially the youngest son “Little Joe” played by actor Michael Landon; and
whereas, The recent news that Michael Landon is fighting pancreatic cancer has stunned all of the country, but especially those persons living in Nevada who came to look upon Michael Landon as a friend; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the 66th session of the Nevada Legislature commend Michael Landon for his strength of character and his positive attitude as he fights his battle with cancer; and be it further
resolved, That the State of Nevada will always consider Michael Landon a native son who helped bring a part of the history of Nevada and its beauty to millions of Americans every week for 14 years; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mr. Michael Landon.
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ê1991 Statutes of Nevada, Page 2551ê
Assembly Concurrent Resolution No. 64–Assemblymen Carpenter, Heller, Myrna Williams, Elliott, Garner, Little, Stout, Petrak, Bennett, Krenzer, Kerns, Evans, Porter, Wendell Williams, Spitler, McGinness, Haller, Bayley, Scherer, Anderson, Pettyjohn, Bache, Lambert, Freeman, Bergevin, Sader, Callister, Arberry, Price, Gregory, Wong, Johnson, Gibbons, Giunchigliani, Spriggs, Norton, Hardy, Marvel, McGaughey, Humke, Dini and Goetting
FILE NUMBER 90
ASSEMBLY CONCURRENT RESOLUTION–Congratulating Clarence Ramsey on his 100th birthday on May 5, 1991.
whereas, Clarence A. Ramsey will be 100 years old this May 5; and
whereas, Clarence Ramsey was born in 1891 in New Lebanon, Pennsylvania, to Asa and Grace Ramsey, spending most of his early childhood growing up on his grandfather’s farm; and
whereas, At the age of 21 Clarence Ramsey set out to realize his dream of becoming a cowboy by moving west to Wyoming where he was initiated into the cowboy life briefly before moving to Nevada in 1915 to join his father in the mining business; and
whereas, Clarence Ramsey became superintendent for the Eureka Nevada Mining Company but continued to work part time on several cattle ranches and his love of the cowboy life has lingered throughout his life; and
whereas, A third generation republican, Clarence Ramsey represented Eureka County in the Assembly during the 1951 and 1959 sessions and in a special session in 1960; and
whereas, Clarence Ramsey married Mary Jane Laird and raised their two daughters, Mary Orrelle and Catherine Esther while living in Eureka; and
whereas, Clarence and Mary Jane had 7 grandchildren, 13 great-grandchildren and 2 great-great-grandchildren; and
whereas, After Mary Jane passed on, Clarence married Ethel Crosby when he was 84 and after Ethel died he married Jean Duarte when he was 95 and they are still married today living in Nash, Oklahoma; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the 66th session of the Nevada Legislature hereby congratulate Clarence Ramsey on his 100th birthday and hope that once again he will follow his heart and return home to Nevada; and be it further
resolved, That a copy of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to Clarence Ramsey.
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ê1991 Statutes of Nevada, Page 2552ê
Senate Concurrent Resolution No. 40–Senators Neal, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 91
SENATE CONCURRENT RESOLUTION–Memorializing long-time labor leader, Jim Arnold Sr.
whereas, The Legislature of the State of Nevada notes with sorrow the recent death of Jim Arnold Sr. on April 16, 1991; and
whereas, Jim Arnold Sr. was born on September 22, 1912, and moved to southern Nevada in the late 1940s; and
whereas, Before moving to Nevada, Jim Arnold Sr. was the business manager for the Laborers Union in Phoenix, Arizona; and
whereas, He served as secretary-treasurer of the Southern Nevada Building and Construction Trades Council from 1960-1982, secretary-treasurer for the Southern Nevada Central Labor Council from 1977-1983, vice president of the Nevada State AFL-CIO and he was a long-time member and delegate for Operating Engineers Local 12; and
whereas, In 1980, Jim Arnold Sr. was selected by the March of Dimes as its “Labor Man of the Year”; and
whereas, Jim Arnold Sr. also received a plaque for his work from Juliana Roosevelt, granddaughter of President Franklin D. Roosevelt; and
whereas, The Nevada AFL-CIO established the Jim Arnold Sr. Scholarship Fund for children of union workers to help pay for their college education as a tribute to this dedicated man; and
whereas, Recently the Culinary Workers Union Local 226 in Las Vegas donated money in Mr. Arnold’s name for scholarships for teachers enrolled in a course on “The Role of Unions and Collective Bargaining in the American Economy” offered at the University of Nevada at Las Vegas; and
whereas, Jim Arnold Sr. will long be remembered with highest regard for his contributions to the labor industry in Nevada; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That members of the Nevada Legislature offer their sincere condolences to Mr. Arnold’s wife of 50 years, Dorothy, his three sons, Jim Arnold Jr., John Arnold and Paul Arnold, his daughter, Candie Magnus and his 11 grandchildren; and be it further
resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Dorothy Arnold.
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ê1991 Statutes of Nevada, Page 2553ê
Senate Concurrent Resolution No. 41–Senators O’Connell, O’Donnell, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Nevin, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 92
SENATE CONCURRENT RESOLUTION–Designating May 2, 1991, to be a Day of Prayer in Nevada.
whereas, The Declaration of Independence, our first statement as Americans of national purpose and identity, made “the Laws of Nature and of Nature’s God” the foundation of our United States of America; and
whereas, As recently as 1983, the Supreme Court affirmed the right of state legislatures to open their sessions with prayer; and
whereas, In 1952, by joint action of Congress, a law was passed calling upon each President of the United States to set aside an appropriate day as the National Day of Prayer; and
whereas, On May 5, 1988, President Reagan signed a bill which passed unanimously in Congress, making the first Thursday of every May, the National Day of Prayer; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the 66th session of the Nevada Legislature hereby designates May 2, 1991, to be a Day of Prayer in Nevada; and be it further
resolved, That residents of Nevada are hereby urged to observe this day by recognizing the need for strengthening religious and moral values each day and by taking time to acknowledge our many blessings and express gratitude to God for them.
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Assembly Concurrent Resolution No. 65–Assemblymen Gibbons, Sader, Wendell Williams, Bayley, Porter, Elliott, Johnson, Gregory, Hardy, Petrak, Scherer, Anderson, Carpenter, Norton, Spriggs, Heller, Garner, Little, Giunchigliani, Myrna Williams, Marvel, Bennett, Krenzer, Kerns, Arberry, Callister, Evans, McGaughey, Bergevin, Freeman, Humke, Spitler, Goetting, Pettyjohn, Bache, Haller, McGinness, Lambert, Price, Wong, Dini and Stout
FILE NUMBER 93
ASSEMBLY CONCURRENT RESOLUTION–Designating May 7, 1991, as “Hasty Team Day” and commending the volunteer work of the Washoe County Sheriff’s Hasty Team.
whereas, The Washoe County Sheriff’s Hasty Team was organized in 1971 by a group of 12 persons already involved in Search and Rescue who thought there was a need to improve emergency care for victims of trauma caused by accidents; and
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ê1991 Statutes of Nevada, Page 2554 (FILE NUMBER 93, ACR 65)ê
whereas, The original 12 persons began an auto extrication team and now, 20 years later, the team has become proficient in swift-water rescue, SCUBA rescue, mine rescue and it will handle any rescue that requires specialized equipment and techniques; and
whereas, Members of the Washoe County Sheriff’s Hasty Team are all volunteers and, with the full support of their employers, have assisted with many traumatic rescues including the tragedy at Convict Lake in Mono County, California, in February of 1990; and
whereas, Since beginning in auto extrication in 1971, the “Hasty Team” has averaged 175 calls a year, for a total of 3,325 calls over the past 20 years; and
whereas, Although the “Hasty Team” receives support from the Sheriff’s office for the repair and maintenance of its vehicles and equipment, the majority of financial support has come from private donations and from the generosity of service clubs; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Sixty-sixth Session of the Nevada Legislature pays special tribute to members of the Washoe County Sheriff’s Hasty Team and hereby designates May 7, 1991, as “Hasty Team Day” in Nevada; and be it further
resolved, That this legislative body commends all volunteers of the Washoe County Sheriff’s Hasty Team for their dedication, compassion and service to 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 the Washoe County Sheriff’s Hasty Team.
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Assembly Concurrent Resolution No. 66–Assemblymen Wendell Williams, Dini, Haller, Bache, Johnson, Krenzer, Spitler, Carpenter, Gibbons, Gregory, Hardy, Lambert, Evans, Price, Arberry, Porter, Kerns, Garner, Marvel, Stout, Elliott, Petrak, Bennett, Wong, Callister, McGaughey, Humke, Sader, Bergevin, Freeman, Spriggs, Heller, Norton, Scherer, Bayley, Anderson, Pettyjohn, McGinness, Goetting, Giunchigliani, Myrna Williams and Little
FILE NUMBER 94
ASSEMBLY CONCURRENT RESOLUTION–Designating Tuesday, May 7, 1991, as Nevada Teachers’ Day.
whereas, Teachers personify America’s belief that universal public education is a key to meeting the challenges of our changing world; and
whereas, Teachers strive to make every classroom an exciting, productive place to learn and grow; and
whereas, Teachers reach out to foster the well-being of each pupil, regardless of ability, social or economic background, race, ethnic origin or religion; and
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ê1991 Statutes of Nevada, Page 2555 (FILE NUMBER 94, ACR 66)ê
whereas, Teachers motivate individual pupils to find new directions in life and to reach high levels of achievement; and
whereas, Teachers influence our lives long after our school days are only memories; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the 66th session of the Nevada Legislature hereby designate Tuesday, May 7, 1991, as Nevada Teachers’ Day and urge the residents of Nevada to observe this day by taking time to remember and salute the teachers who shape the future of our children and our communities across the United States; 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 Nevada State Education Association.
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Assembly Concurrent Resolution No. 68–Assemblymen Evans, Callister, Little, Anderson, Bennett, Petrak, Freeman, Garner, Scherer, Spriggs, Price, Norton, Heller, Gregory, Johnson, Arberry, Marvel, Krenzer, Wendell Williams, Sader, Bayley, Elliott, Lambert, Myrna Williams, Carpenter, Wong, Hardy, Spitler, Pettyjohn, Kerns, Goetting, Stout, McGinness, Dini, Humke, Bergevin, McGaughey, Gibbons, Porter and Haller
FILE NUMBER 95
ASSEMBLY CONCURRENT RESOLUTION–Commending educators from Nevada who have received awards from the Milken Family Foundation.
whereas, The Foundations of the Milken Families are private philanthropic institutions organized in 1982; and
whereas, In the past 8 years the Foundations of the Milken Families have awarded $112,000,000 in grants and commitments in support of education, community services, health care and medical research, human welfare and other areas; and
whereas, Because the Foundations’ core belief is that the future belongs to the educated, nearly one-fifth of their grants are for education; and
whereas, In recognition of the importance of dedicated and innovative educators, the Milken Family Foundation established the “National Educator Awards Program”; and
whereas, As of 1990, the Program had presented 198 individual prizes of $25,000 to outstanding educators in 13 states across the country; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the 66th session of the Legislature of the State of Nevada hereby commend the 18 educators from Nevada who have been the recipients of the $25,000 awards from the Milken Family Foundation; and be it further
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ê1991 Statutes of Nevada, Page 2556 (FILE NUMBER 95, ACR 68)ê
resolved, That the following educators should be recognized and congratulated for their contributions to the children of this state: 1988 Award Recipients – Linda Bunch, Independence Valley Elementary, Elko County; Mike Edwards, Valley High School, Clark County; Anita Fisk, Pershing County High School, Pershing County; John Genasci, Sparks Middle School, Washoe County; Klaire Pirtle, Gardnerville Elementary, Douglas County; and Doris Shipp, Doris Reed Elementary, Clark County; 1989 Award Recipients – Francey Dennis, Silver Lake Elementary, Washoe County; Fred Horlacher, Reed High School, Washoe County; Patricia Rowe, Lovelock Elementary, Pershing County; Jennifer Salls, McQueen High School, Washoe County; Virgil Sestini, Bonanza High School, Clark County; and Wayne Tanaka, Del Robison Junior High School, Clark County; 1990 Award Recipients – James Bryn, Sparks High School, Washoe County; Malinda Frazier, Lovelock Elementary, Pershing County; Bill Langley, St. Viator Elementary School of the Catholic Diocese, Clark County; Cynthia Montoya, James I. Gibson Elementary, Clark County; Steve Pellegrini, Yerington High School, Lyon County; and Joan Turner, Rudy Thomas Elementary, Clark County.
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Senate Concurrent Resolution No. 28–Senator Jacobsen
FILE NUMBER 96
SENATE CONCURRENT RESOLUTION–Encouraging 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 Nevada’s 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
whereas, The continuing, 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 agricultural and dairy products from sources within this state, to the extent that their needs can be met by these products; and
whereas, Surveys conducted in this state indicate that there is a shortage of space on shelves and counters and in bins and freezers allowed for Nevada’s agricultural and dairy products in most supermarkets and grocery stores throughout the state; now, therefore, be it
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ê1991 Statutes of Nevada, Page 2557 (FILE NUMBER 96, SCR 28)ê
Nevada’s agricultural and dairy products in most supermarkets and grocery stores throughout the state; now, therefore, be it
resolved by the senate of the state of nevada, the assembly 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 Secretary of the Senate to the executive director of the state department of agriculture for further distribution to each regulatory agency of this state which is able to assist in carrying out the purposes of this resolution.
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Assembly Concurrent Resolution No. 69–Committee on Legislative Functions and Elections
FILE NUMBER 97
ASSEMBLY CONCURRENT RESOLUTION–Designating the week of May 12 through May 18, 1991, as Heritage Week in Nevada.
whereas, The history of the great State of Nevada is represented by its cultural resources; and
whereas, The cultural resources themselves tell the story of the settlement and evolution of the Silver State to residents and visitors alike; and
whereas, Communities across the United States are being asked to participate in the celebration of our nation’s 25th anniversary of the Historic Preservation Act of 1966; and
whereas, The week of May 12 through May 18, 1991, has been officially designated nationally as “Celebrate Your Heritage Week”; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That May 12 through May 18, 1991, is hereby designated as Heritage Week in Nevada; and be it further
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ê1991 Statutes of Nevada, Page 2558 (FILE NUMBER 97, ACR 69)ê
resolved, That the Nevada Legislature urges residents of Nevada to join our country in recognition and appreciation of our unique heritage.
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Assembly Concurrent Resolution No. 70–Assemblymen Freeman, Kerns, Little, Haller, Spriggs, Wong, Bergevin, Bache, Lambert, Bennett, Krenzer, Gibbons, McGaughey, Bayley, Elliott, Carpenter, Garner, Heller, Spitler, Johnson, Anderson, McGinness, Marvel, Price, Myrna Williams, Dini, Petrak, Sader, Goetting, Callister, Arberry, Gregory, Pettyjohn, Scherer, Norton, Giunchigliani, Stout, Wendell Williams, Humke, Evans, Porter and Hardy
FILE NUMBER 98
ASSEMBLY CONCURRENT RESOLUTION–Urging the Museum of the American Indian to return to this state for permanent display in the Nevada State Museum at least one of the decoys of canvasback ducks that were excavated from a cave near Lovelock, Nevada.
whereas, The State of Nevada is situated in a geographical region that is rich in Native American History; and
whereas, Awareness of this history is important to the education of all Nevadans; and
whereas, Approximately 70 years ago, 11 decoys of canvasback ducks, each approximately 2,000 years old, were excavated from a cave near Lovelock, Nevada; and
whereas, These decoys are now in the possession of the Museum of the American Indian in New York City, New York; and
whereas, The addition of one or more of these decoys to the Nevada State museum would provide an excellent opportunity for the residents of Nevada to enjoy and appreciate the history of this region; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the Nevada Legislature urge the Museum of the American Indian to return at least one of these decoys to the State of Nevada for permanent display in the Nevada State Museum; 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 Director of the Museum of the American Indian.
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ê1991 Statutes of Nevada, Page 2559ê
Senate Concurrent Resolution No. 45–Senators Vergiels, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend and Tyler
FILE NUMBER 99
SENATE CONCURRENT RESOLUTION–Memorializing the Reverend Walter C. Nowak, longtime educator and spiritual leader at Bishop Gorman High School and the University of Nevada, Las Vegas.
whereas, The Legislature of the State of Nevada notes with sorrow and regret the death of the Reverend Walter C. Nowak; and
whereas, Walter C. Nowak was born on September 11, 1927, in Chicago, Illinois; and
whereas, In 1944, Walter Nowak entered the Viatorian order and was ordained a priest on May 18, 1952; and
whereas, Father Nowak received his master’s degree in chemistry from the University of Notre Dame in 1955 and his doctorate from Catholic University of America in Washington, D.C., in 1965; and
whereas, The Reverend Nowak, or Father Wally as he was often referred to by his many friends, began teaching at Bishop Gorman High School in 1955, just 3 years after it opened, and he was chaplain of the Bishop Gorman Alumni Association; and
whereas, In 1968, Father Wally became the Catholic chaplain at the University of Nevada, Las Vegas, and co-founded, along with clergy from other faiths, the university’s Center for Religion and Life; and
whereas, Father Wally was a member of the Clerics of St. Viator, the Roman Catholic order of priests and brothers who administer Bishop Gorman High School, Guardian Angel Cathedral, St. Viator’s Church and the new St. Thomas More Church in Green Valley; and
whereas, Father Wally was active in the Notre Dame Alumni Club and served on the board of the Jewish Family Service Agency; and
whereas, Father Wally gave the precious gift of himself to those persons who were fortunate enough to have known him; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Nevada Legislature is grateful and proud to have had Father Wally Nowak share his life with the people of the State of Nevada; and be it further
resolved, That members of this body offer their sincere condolences to Father Wally’s mother, Helen Nowak of Las Vegas; and be it further
resolved, That the Secretary of the Senate transmit forthwith a copy of this resolution to Helen Nowak.
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ê1991 Statutes of Nevada, Page 2560ê
Assembly Concurrent Resolution No. 12–Committee on Transportation
FILE NUMBER 100
ASSEMBLY CONCURRENT RESOLUTION–Directing the Department of Motor Vehicles and Public Safety to evaluate the adequacy of existing penalties for the unlawful operation of motor carriers.
whereas, The unlawful operation of motor carriers within the State of Nevada is detrimental to the safety and well-being of the people of this state; and
whereas, It is the intent of the Legislature that such unlawful operation be stopped; and
whereas, It may be necessary to increase the severity of existing penalties in order to prevent such unlawful operation; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Department of Motor Vehicles and Public Safety is directed to evaluate the adequacy of existing penalties that may be imposed against motor carriers that are found to be operating unlawfully in the State of Nevada; and be it further
resolved, That the Department of Motor Vehicles and Public Safety report its findings to the Senate and Assembly Standing Committees on Transportation of the 66th session of the Legislature on or before March 1, 1991.
________
Assembly Concurrent Resolution No. 14–Committee on Health and Welfare
FILE NUMBER 101
ASSEMBLY CONCURRENT RESOLUTION–Urging employers to adopt strategies to assist their employees with child care.
whereas, A major portion of the workforce in Nevada consists of single parents and parents who both work; and
whereas, These parents need to be able to find and retain dependable and affordable child care; and
whereas, These parents must have a sufficient amount of time away from employment at attend personally to some of their children’s needs; and
whereas, Employers in this state could reduce their costs of conducting business by adopting available strategies to assist their employees with child care which could reduce the amount of absenteeism and tardiness among their employees; and
whereas, The adoption of such strategies would also increase the employers’ ability to recruit and retain valuable employees and enhance the morale of their employees; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature urges the employers of this state to adopt available strategies to assist their employees with child care, such as, providing employees with:
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ê1991 Statutes of Nevada, Page 2561 (FILE NUMBER 101, ACR 14)ê
adopt available strategies to assist their employees with child care, such as, providing employees with:
1. Information and assistance in locating and choosing child care;
2. Flexible policies for time away from employment to attend to children’s needs;
3. Cafeteria plans established pursuant to 26 U.S.C. § 125 to pay for child care;
4. Financial assistance with the cost of child care; and
5. Other flexible or innovative practices, such as increased use of part-time employees, job-sharing, increased benefits for part-time employees and child care on the premises of the business, which will assist in maintaining the integrity of the employees’ family.
________
Senate Concurrent Resolution No. 44–Committee on Finance
FILE NUMBER 102
SENATE CONCURRENT RESOLUTION–Authorizing expenditure from the legislative fund for the payment of a speaker to appear before the Senate Standing Committee on Government Affairs during the 66th session of the Nevada Legislature.
resolved by the senate of the state of nevada, the assembly concurring, That expenditure of not more than $1,000 for expenses and $500 for an honorarium from the legislative fund is hereby authorized to reimburse and compensate Michael Josephson in connection with his appearance before the Senate Standing Committee on Government Affairs during the 66th session of the Nevada Legislature.
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Senate Concurrent Resolution No. 47–Senators Vergiels, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend and Tyler
FILE NUMBER 103
SENATE CONCURRENT RESOLUTION–Designating Saturday, May 11, 1991, as State of Nevada Employees’ Association Day.
whereas, The State of Nevada Employees’ Association is currently holding its 38th Annual General Council in Carson City; and
whereas, The State of Nevada Employees’ Association has contributed to the well-being of state employees for 38 years; and
whereas, The State of Nevada Employees’ Association has become an integral part of the legislative process; and
whereas, Members of the Nevada Legislature have come to respect the views of this dedicated group; now, therefore, be it
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ê1991 Statutes of Nevada, Page 2562 (FILE NUMBER 103, SCR 47)ê
resolved by the senate of the state of nevada, the assembly concurring, That the members of the 66th session of the Nevada Legislature hereby designate Saturday, May 11, 1991, as State of Nevada Employees’ Association Day; and be it further
resolved, That a copy of this resolution be transmitted forthwith by the Secretary of the Senate to the State of Nevada Employees’ Association.
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Assembly Concurrent Resolution No. 71–Assemblymen Evans, Myrna Williams, Freeman, Giunchigliani, Krenzer, Lambert, Little and Spriggs
FILE NUMBER 104
ASSEMBLY CONCURRENT RESOLUTION–Designating Monday, May 13, 1991, as “Nevada Women in Politics Day.”
whereas, The first two definitions provided by Webster’s New World Dictionary of “politics” are “the science of government” and “political affairs”; and
whereas, People do not necessarily need to be elected to a public office to be politically active; and
whereas, Women have resided in Nevada and participated in building its communities since the territorial days; and
whereas, Many women were politically active before they were granted the right to vote, such as Hannah K. Clapp who, in 1861, successfully persuaded the Territorial Legislature to allow her to establish the state’s first private, coeducational school, and who, in 1875, was awarded the contract to construct the fence that still surrounds the State Capitol and who, in 1895, helped found the Nevada Equal Franchise Association; and
whereas, Reintroduction of legislation in the Nevada Legislature and persistent lobbying by many women from 1869 to 1899 led to legislative approval in 1911 and 1913, and public approval in 1914, of an amendment to the Constitution of the State of Nevada allowing women to vote; and
whereas, Women joined the Legislature almost immediately with the election of Sadie D. Hurst to the 1919 session of the Nevada Legislature, and at least one woman has served in every session of the Legislature, except three, since that time; and
whereas, Women began winning statewide offices in 1916 with the election of Edna Baker to the University of Nevada Board of Regents; and
whereas, Women began seeking Nevada Congressional offices in 1918 with Anne Martin’s campaign for United States Senator and began winning federal offices with the election of Barbara F. Vucanovich who has represented Nevada’s Congressional District No. 2 in the House of Representatives since 1983; and
whereas, Numerous women have been politically active in Nevada’s local governments by serving on school boards, city councils, county commissions and as local officials, such as Clara Dunham Crowell who was appointed Sheriff of Lander County in 1919; and
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ê1991 Statutes of Nevada, Page 2563 (FILE NUMBER 104, ACR 71)ê
whereas, Currently, over 170 women serve in elected state, county and local offices throughout Nevada; and
whereas, Many of the women formerly and currently holding office in Nevada have gathered today in Carson City; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the 66th session of the Nevada Legislature hereby designate Monday, May 13, 1991, as Nevada Women in Politics Day in recognition of the past and present women in politics in Nevada; and be it further
resolved, That the residents of Nevada are hereby urged to recognize the many contributions made by women currently and historically to this state and its political subdivisions; and be it further
resolved, That women in Nevada be applauded for their participation in the political life of the State of Nevada and be commended for their contributions as elected officials of this state.
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Assembly Concurrent Resolution No. 73–Assemblymen McGinness, Bayley, Stout, Little, Bergevin, Haller, Freeman, Goetting, Lambert, Bache, Pettyjohn, Anderson, Scherer, Spitler, Humke, McGaughey, Sader, Spriggs, Giunchigliani, Norton, Heller, Hardy, Garner, Elliott, Carpenter, Petrak, Bennett, Krenzer, Kerns, Wendell Williams, Evans, Porter, Gregory, Johnson, Arberry, Wong, Gibbons, Marvel, Callister, Price, Dini and Myrna Williams
FILE NUMBER 105
ASSEMBLY CONCURRENT RESOLUTION–Congratulating the I.H. Kent Company on its 100th year of continuous operation by members of the Kent family.
whereas, A name synonymous with Churchill County is that of the I.H. Kent Company, founded 100 years ago in the then county seat of Stillwater; and
whereas, In 1879, Ira H. Kent met and married Mary Kaiser from Churchill County, and together they opened and operated a mercantile store in Stillwater; and
whereas, Mary also worked as the postmistress and Ira as a rancher and county recorder; and
whereas, When the county seat moved to Fallon, the Kents moved their store to Fallon, aware that the Newlands Irrigation Project would significantly increase their business; and
whereas, Agriculture and mining flourished in the area and the I.H. Kent Company would often haul supplies and equipment to Rawhide, Wonder and Fairview; and
whereas, Fallon’s Hearts of Gold melons became renowned in the eastern and midwestern portions of the United States primarily because of the efforts of the I.H. Kent Company; and
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ê1991 Statutes of Nevada, Page 2564 (FILE NUMBER 105, ACR 73)ê
whereas, For many decades, the Kent family thanked their loyal customers by staging a pumpkin pie festival at their store where they honored and served food to residents of Fallon; and
whereas, The I.H. Kent Company has been owned and operated by a member of the Kent family for an entire century going back to 1892 when Ira and Mary Kent first opened their business which was taken over by their son Ira L. Kent and is currently operated by Ira’s two sons Tom and Bob; now therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the 66th session of the Nevada Legislature commend the Kent family for their persistence, dedication and hard work which enabled them to maintain a successful mercantile, lumber and grocery business for the past 99 years; and be it further
resolved, That congratulations are extended to this remarkable family on their 100th year of continuous operation of the I.H. Kent Company in 1992; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Bob Kent who continues to manage the supermarket and real estate development, and Tom Kent who is in charge of building materials, hardware and feed.
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Senate Concurrent Resolution No. 35–Committee on Finance
FILE NUMBER 106
SENATE CONCURRENT RESOLUTION–Approving the use of certain park user fees for maintenance projects.
whereas, The division of state parks of the state department of conservation and natural resources is required to obtain the approval of the legislature during a regular or special session, by concurrent resolution, before it may use any park user fees collected in a calendar year that are in excess of the amounts authorized for expenditure in the division’s budget; and
whereas, The administrator of the division of state parks has applied to the legislature for the adoption of a resolution to authorize the use of such fees; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the division of state parks of the state department of conservation and natural resources is hereby authorized to expend $60,721 of park user fees collected in 1990, which were collected in excess of the amounts authorized for expenditure in the division’s budget, for maintenance projects in state parks, recreational areas and historic monuments.
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ê1991 Statutes of Nevada, Page 2565ê
Senate Concurrent Resolution No. 48–Committee on Finance
FILE NUMBER 107
SENATE CONCURRENT RESOLUTION–Authorizing expenditure from the legislative fund for the payment of a speaker to appear before the standing committees of the Assembly and Senate during the 66th session of the Legislature.
resolved by the senate of the state of nevada, the assembly concurring, That expenditure of not more than $1,500 from the legislative fund is hereby authorized to reimburse John Colmers for the expenses he incurs in connection with his appearance before the Assembly Standing Committee on Health and Welfare and the Senate Standing Committee on Human Resources and Facilities during the 66th session of the Legislature.
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Senate Joint Resolution No. 12 of the 65th Session–Senators Raggio, Neal, Getto, O’Donnell, Hickey, Wagner, Horn, Rawson, Shaffer, Malone, Smith and Jacobsen
FILE NUMBER 108
SENATE JOINT RESOLUTION–Proposing 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 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 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.
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.
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ê1991 Statutes of Nevada, Page 2566 (FILE NUMBER 108, SJR 12 of the 65th Session)ê
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 power to issue writs 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.
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.
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ê1991 Statutes of Nevada, Page 2567 (FILE NUMBER 108, SJR 12 of the 65th Session)ê
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 year’s 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 association 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.
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.
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ê1991 Statutes of Nevada, Page 2568 (FILE NUMBER 108, SJR 12 of the 65th Session)ê
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. 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.
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ê1991 Statutes of Nevada, Page 2569 (FILE NUMBER 108, SJR 12 of the 65th Session)ê
(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:
[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.
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ê1991 Statutes of Nevada, Page 2570 (FILE NUMBER 108, SJR 12 of the 65th Session)ê
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.
________
Senate Joint Resolution No. 9–Committee on Commerce and Labor
FILE NUMBER 109
SENATE JOINT RESOLUTION–Urging Congress to deposit all money from Social Security in an independent trust fund.
whereas, America’s senior citizens have voiced concern over the future of their Social Security benefits; and
whereas, Approximately 90 percent of the senior citizens who receive Social Security benefits have yearly earnings in the low to middle income range; and
whereas, It has been suggested that a reduction in Social Security benefits is a means to balance the budget; and
whereas, Because of the increasing national debt and budget deficit, Congress has found it necessary to use surpluses from the Social Security Trust Fund to limit the amount of the deficit; and
whereas, To ensure that adequate Social Security benefits are available for all future generations, proper management of the Social Security Trust Fund is of utmost importance; now, therefore, be it
resolved by the senate of the state of nevada, jointly, That Congress is hereby urged to deposit all money in the Social Security Trust Fund into an independent trust fund; and be it further
resolved, That Congress is hereby urged not to use surpluses from the Social Security Trust Fund to limit the amount of the budget deficit; 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 and each member of the Nevada Congressional Delegation; and be it further
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ê1991 Statutes of Nevada, Page 2571 (FILE NUMBER 109, SJR 9)ê
resolved, That this resolution becomes effective upon passage and approval.
________
Assembly Joint Resolution No. 18–Assemblymen Heller, Pettyjohn, Dini, Gibbons, Price, Elliott, Carpenter, Marvel, Myrna Williams, Giunchigliani, Spriggs, Hardy, Bayley, Norton, Scherer, Humke, Lambert, Bache, Goetting, Wong, McGaughey, Anderson, McGinness, Little, Freeman, Bennett, Petrak, Arberry, Wendell Williams, Porter, Callister, Evans, Bergevin, Haller, Johnson, Kerns, Gregory, Krenzer, Gardner, Sader and Stout
FILE NUMBER 110
ASSEMBLY JOINT RESOLUTION–Urging Congress to direct certain federal agencies to disclose information concerning certain United States personnel classified as prisoners-of-war or missing-in-action.
whereas, More than 2,000 Americans are still classified as missing-in-action or as prisoners-of-war as a result of the Vietnam Conflict; and
whereas, Although it has been 18 years since all of the American prisoners-of-war were supposedly released from Indochina, there is much evidence to the contrary; and
whereas, Among that evidence are over 10,000 reports compiled by the Defense Intelligence Agency since 1975 and the information contained in the October 29, 1990, Interim Report on the Southeast Asian POW/MIA issue released by the United States Senate Committee on Foreign Relations; and
whereas, The reports compiled by the Defense Intelligence Agency are classified as “Top Secret” and are unavailable to the public and even to the members of the families of those Americans still missing; and
whereas, H. R. 1147 of the 102d Congress, 1st Session (1991), would direct each federal agency to disclose the information it possesses concerning any United States personnel classified as a prisoner-of-war or missing-in-action after 1940; and
whereas, The bill contains sufficient provisions to ensure that our national security is not breached and to preserve the privacy of the family members of those Americans who are still missing; and
whereas, The soldiers who serve this country deserve the same loyalty from their fellow countrymen as we expected from them when they were deployed; now, therefore, be it
resolved by the assembly of the state of nevada, jointly, That the members of the Nevada Legislature urge Congress to enact H.R. 1147 of the 102d Congress, 1st Session (1991); 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
…………………………………………………………………………………………………………………
ê1991 Statutes of Nevada, Page 2572 (FILE NUMBER 110, AJR 18)ê
resolved, That this resolution becomes effective upon passage and approval.
________
Assembly Concurrent Resolution No. 75–Committee on Education
FILE NUMBER 111
ASSEMBLY CONCURRENT RESOLUTION–Congratulating Nevada students on their success in the first Nevada History Day competition.
whereas, Nevada held its first Nevada History Day competition on May 4, 1991; and
whereas, Eighteen students from Nevada scored sufficiently high to be awarded scholarships for travel to the National History Day competition in Washington, D.C. during the week of June 9 through June 13, 1991; and
whereas, The Nevada 125th Anniversary Commission and National History Day, Inc., funded scholarships for students to travel to the National History Day competition; and
whereas, John Watson achieved the highest total score and was awarded “Outstanding Entry”; and
whereas, Dennis Crawford, Andrew Watson and Josh Watson represented Carson City, Nevada, and won first place in their categories; and
whereas, Theresa Ellis, Emmy Massey and Peggy Nickerson represented Dayton, Nevada, and won first place in their categories; and
whereas, Laura Hage, Robert Hill, Paul Lobdell, Therese Mulhern and Kirstin Phinney represented Tonopah, Nevada, and won first place in their categories; and
whereas, Erin Atkinson, Amy Bobo, Melissa Cohen, Brie Hurlbert, Jenny Johnson, Jacquelyn Lewis and Any Porray represented Las Vegas, Nevada, and won first place in their categories; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the 66th session of the Nevada Legislature hereby congratulate these fine students on their achievement in the state competition and wish them success in the national competition in Washington, D.C.; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to each of these Nevada students.
________
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ê1991 Statutes of Nevada, Page 2573ê
Assembly Concurrent Resolution No. 37–Committee on Legislative Functions and Elections
FILE NUMBER 112
ASSEMBLY CONCURRENT RESOLUTION–Providing that the Nevada Legislature agrees that the Board of Regents is to consist of 11 members for the purposes of reapportionment and redistricting by the 66th session of the Nevada Legislature.
whereas, The 66th session of the Nevada Legislature is required to redistrict and reapportion the election districts of the members of the Board of Regents; and
whereas, The Nevada Legislature recognizes that an agreement on the aggregate number of members on the Board of Regents early in the legislative session will avoid unnecessary complications caused by the proposal of a wide variety of redistricting plans based on different aggregate numbers of members of the Board; and
whereas, The Nevada Legislature recognizes that if an agreement on the aggregate number of members on the Board of Regents is not reached early in the legislative session, additional revenue and time would be needed to develop and consider a wide variety of redistricting plans based on different aggregate numbers of members on the Board; and
whereas, The Board of Regents, having considered the needs of the University of Nevada System and the people of this state, voted to approve a recommendation to the Legislature that the Board of Regents be increased from 9 to 11 members for the purposes of reapportionment and redistricting by the 66th session of the Nevada Legislature; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature hereby agrees that the Board of Regents must consist of 11 members for the purposes of reapportionment and redistricting of the election districts of the members of the Board by the 66th session of the Nevada Legislature.
________
Senate Joint Resolution No. 7–Senators Adler, Vergiels, Coffin, Cook, Getto, Glomb, Raggio, Smith, Titus and Townsend
FILE NUMBER 113
SENATE JOINT RESOLUTION–Proposing to amend section 15 of article 4 of the constitution of the State of Nevada to abolish executive sessions of the Senate and require that all meetings of legislative committees be open to the public, except meetings to consider certain personnel matters.
resolved by the senate and assembly of the state of nevada, jointly, That section 15 of article 4 of the constitution of the State of Nevada be amended to read as follows:
[Sec:] Sec. 15. The doors of each House shall be kept open during its session, [except the Senate while sitting in executive session,] and neither shall, without the consent of the other, adjourn for more than three days nor to any other place than that in which they may be holding their sessions.
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ê1991 Statutes of Nevada, Page 2574 (FILE NUMBER 113, SJR 7)ê
to any other place than that in which they may be holding their sessions. The meetings of all legislative committees must be open to the public, except meetings held to consider the character, alleged misconduct, professional competence, or physical or mental health of a person.
________
Senate Joint Resolution No. 24–Senators Jacobsen, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 114
SENATE JOINT RESOLUTION–Expressing appreciation to Taiwan Delegation for the two Nevada state seals on the outside of the legislative building and for the continuing friendship that has developed between Taiwan and Nevada.
whereas, The Province of Taiwan of the Republic of China and the State of Nevada established a Sister State relationship on October 24, 1985, in an effort to strengthen international understanding and good will; and
whereas, The bonds of friendship which have strengthened with each passing year have resulted in a better understanding of the economic, social and cultural heritages of Nevada and Taiwan; and
whereas, The State of Nevada was honored recently to receive two official State of Nevada Seals from the people of Taiwan; and
whereas, These beautiful metal state seals, which are 52 inches in diameter and 3 inches in depth and weigh 200 pounds each have been placed prominently on the north and south exterior walls of the legislative building; now, therefore, be it
resolved by the senate and assembly of the state of nevada, jointly, That Members of the 66th session of the Nevada Legislature, on behalf of the people of the State of Nevada, express their sincere gratitude and appreciation for the gift of such beautifully sculptured Nevada state seals; and be it further
resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to President Lee Teng-hui, Speaker Kao Yu’Jen of the Taiwan Province Assembly and Paul Cheng-Tzu Mao, Deputy Director of the Coordination Council for North American Affairs Office in San Francisco.
________
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ê1991 Statutes of Nevada, Page 2575ê
Assembly Concurrent Resolution No. 82–Committee on Natural Resources, Agriculture and Mining
FILE NUMBER 115
ASSEMBLY CONCURRENT RESOLUTION–Commending Tina Nappe for her public service relating to Nevada’s natural resources.
whereas, Tina Nappe has spent over 25 years in a voluntary role in the protection and enhancement of Nevada’s natural resources, and has worked relentlessly for a better natural environment in and for the State of Nevada; and
whereas, Tina Nappe has devoted endless hours of her own time serving on private, state and national committees involved in the management and protection of the state land and wildlife resources; and
whereas, Tina Nappe served 12 years as the “Conservation Interests” representative on the State Wildlife Commission, having been appointed by both Republican and Democratic Governors; and
whereas, Her work as a member of the Lahontan Valley Wetlands Coalition was vital to the successful passage of U.S. Senate Bill No. 3084 which ended 80 years of water wars and contains provisions for enhancement of the Stillwater Wildlife Management Area and other wetland areas in Lahontan Valley; and
whereas, Tina Nappe was instrumental in the formation of the “Nevadans for Parks and Wildlife Committee” which was the driving force in the successful passage of the “Parks and Wildlife Bond Issue” which was Question 5 on the November 1990 statewide ballot; and
whereas, This year Tina Nappe has been selected to receive a 1991 Chevron Conservation Award in the “Citizen Volunteer” category for her relentless work for the betterment of the state’s wildlife and natural resources; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the Nevada Legislature hereby congratulate Tina Nappe upon receiving the well-deserved Chevron Conservation Award for 1991 and commend her for her dedication to the conservation of Nevada’s wildlife and natural resources; and be it further
resolved, That a copy of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to Ms. Tina Nappe.
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ê1991 Statutes of Nevada, Page 2576ê
Senate Concurrent Resolution No. 50–Senators Hickey, Raggio, Adler, Coffin, Cook, Getto, Glomb, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 116
SENATE CONCURRENT RESOLUTION–Memorializing community leader and long-time Reno philanthropist Sidney Bertram Stern.
whereas, On February 13, 1991, the people of Nevada lost a respected and distinguished leader of his community with the passing of Sidney Stern; and
whereas, Sidney Bertram Stern was born in San Francisco on May 7, 1922, and later graduated Magna Cum Laude from the University of San Francisco in 1947; and
whereas, Sidney Stern began his successful career in banking in Redwood City, California, in 1948, when he and his wife Vera opened Fireside Thrift with an investment of only $25,000; and
whereas, Twenty-four years later, Fireside Thrift had grown to include 70 branches with $100,000,000 in deposits, and Sidney Stern, along with 72 stockholders, sold Fireside Thrift for approximately $10,000,000; and
whereas, Sidney Stern brought his family to Reno in 1975 with plans for retirement, however, seeking the challenge of the business world, he soon made his mark on banking in Nevada, founding Nevada First Thrift in 1975 and Nevada First Bank in 1984, and in 1987 the two companies merged becoming Nevada First Thrift Bank; and
whereas, After selling Nevada First Thrift Bank to Bank of America in 1989, Sidney Stern opened Stern Financial Group, an investment firm which he was operating at the time of his death; and
whereas, Sidney Stern had also owned for 5 years the radio stations KOH AM and KSXY FM (now KTHX), until last year when he sold both stations to Olympic Broadcasters; and
whereas, Sidney Stern served on the boards of the University of Nevada, Reno Foundation and Old College, and was a member of the Governor’s Commission on Economic Growth; and
whereas, Sidney Stern helped form the Jewish Community Council of Northern Nevada, made substantial contributions to the United Jewish Appeal and was a member of the Temple Emanu-El and Temple Sinai; and
whereas, Sidney and Vera Stern supported their community’s efforts toward enhancing and expanding the arts in Reno and earned the well-deserved honor of being cited by the Nevada State Council on Arts for their outstanding contributions to the arts in Nevada; and
whereas, Sidney Stern will long be remembered for his generous nature, his sense of humor and his outstanding contributions to his community and the State of Nevada; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the members of the 66th session of the Nevada Legislature express their deepest sympathy and heartfelt condolences to Sidney Stern’s widow Vera, his son Samuel, his two daughters, Dodie Bryan and Susan Smith, and his five grandchildren; and be it further
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ê1991 Statutes of Nevada, Page 2577 (FILE NUMBER 116, SCR 50)ê
widow Vera, his son Samuel, his two daughters, Dodie Bryan and Susan Smith, and his five grandchildren; and be it further
resolved, That a copy of this resolution be transmitted forthwith by the Secretary of the Senate to Sidney Stern’s loving wife, Vera.
________
Assembly Concurrent Resolution No. 51–Committee on Legislative Functions and Elections
FILE NUMBER 117
ASSEMBLY CONCURRENT RESOLUTION–Amending the Joint Rules of the Senate and Assembly for the 66th legislative session to allow individual legislators to introduce simple and concurrent resolutions that were requested by standing committees.
resolved by the assembly of the state of nevada, the senate concurring, That Rule 14 of the Joint Rules of the Senate and Assembly as adopted by the 66th session of the Legislature in hereby amended to read as follows:
14
LIMITATION ON INTRODUCTION AND REQUESTS FOR
DRAFTING OF LEGISLATIVE MEASURES
1. 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 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) Except as otherwise provided in subsection 4, a member who had requested the drafting of the bill or resolution by the Legislative Counsel before the 11th calendar day of the legislative session.
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.
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ê1991 Statutes of Nevada, Page 2578 (FILE NUMBER 117, ACR 51)ê
(c) [Measures] Bills and joint resolutions requested by a standing committee, or by persons designated to request measures on behalf of a standing committee during the interim. [Measures] Bills and joint resolutions requested by or on behalf of a standing committee must be introduced by that committee.
5. Simple and concurrent resolutions requested by or on behalf of a standing committee may be introduced by an individual member.
6. 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.
[6.] 7. A legislator may not change the subject matter of a request for a legislative measure after it has been submitted for drafting.
[7.] 8. 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 resolution or request for drafting.
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Assembly Concurrent Resolution No. 54–Assemblymen Price, Dini, Myrna Williams, Arberry, Gregory, Johnson, Wong, Gibbons, Marvel, Kerns, Bennett, Petrak, Wendell Williams, Evans, Porter, McGaughey, Humke, Spitler, McGinness, Haller, Anderson, Pettyjohn, Bache, Lambert, Goetting, Freeman, Bergevin, Sader, Callister, Carpenter, Elliott, Garner, Giunchigliani, Hardy, Heller, Krenzer, Little, Norton, Scherer, Spriggs, Stout and Bayley
FILE NUMBER 118
ASSEMBLY CONCURRENT RESOLUTION–Granting administrative leave to legislative employees in recognition of their services to the 66th session of the Nevada Legislature.
whereas, The staff of the Nevada Legislature and the administrative, audit, fiscal analysis, legal and research divisions of the Legislative Counsel Bureau provide services to the Legislature which are vital to an efficient and productive legislative session; and
whereas, The additional employees hired specifically for the legislative session provide essential services with dedication, competence and enthusiasm throughout the long days of the session; and
whereas, The members of the 66th session of the Nevada Legislature wish to recognize and express their appreciation of the outstanding effort made by the permanent employees of the Legislature and the Legislative Counsel Bureau and all other employees hired temporarily for the legislative session; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That 4 days of administrative leave is hereby granted to each permanent employee of the Legislature and the Legislative Counsel Bureau and to all employees of the Legislature and Legislative Counsel Bureau hired temporarily for the legislative session who are employed on the last day of this session.
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ê1991 Statutes of Nevada, Page 2579 (FILE NUMBER 118, ACR 54)ê
and to all employees of the Legislature and Legislative Counsel Bureau hired temporarily for the legislative session who are employed on the last day of this session.
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Assembly Concurrent Resolution No. 77–Committee on Government Affairs
FILE NUMBER 119
ASSEMBLY CONCURRENT RESOLUTION–Commending the producers, directors and dancers of the Mountain Men Ballet.
whereas, The Mountain Men Ballet has been performed before thousands of residents from Nevada since its debut 3 years ago; and
whereas, The historical and fictional cast of the “Ballet” is made up of the characters who contributed to Nevada’s mining boom and statehood; and
whereas, This unique and entertaining production takes place in and around Virginia City during the heyday of the Comstock Lode; and
whereas, Each production of the ballet in the different communities of Nevada makes use of local talent and returns a portion of the admission charge to charities in the community; and
whereas, In 1991 The Mountain Men Ballet is scheduled for at least five performances in Carson City during the Kit Carson Rendezvous and at the Pioneer Theater in Reno; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the Nevada Legislature do hereby commend all those persons who have danced in or worked on the production of this ballet and William and Michielle Meakin who created and continue to direct and produce this outstanding saga of life in early Nevada; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to William and Michielle Meakin.
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ê1991 Statutes of Nevada, Page 2580ê
Assembly Concurrent Resolution No. 86–Assemblymen Humke, McGaughey, Myrna Williams, Haller, Kerns, Spitler, Little, Wendell Williams, Gibbons, Stout, Wong, Dini, Bergevin, Johnson, Price, Arberry, Sader, Giunchigliani, Evans, Krenzer, Garner, Bennett, Carpenter, Freeman, Lambert, Elliott, Bayley, Spriggs, Norton, Goetting, Heller, Petrak, Pettyjohn, Marvel, McGinness, Anderson, Porter, Bache, Scherer, Hardy, Callister and Gregory
FILE NUMBER 120
ASSEMBLY CONCURRENT RESOLUTION–Congratulating John P. Chisholm on being selected as the 1991 Nevada Inventor of the Year 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 Mr. John P. Chisholm as the 1991 Nevada Inventor of the Year on behalf of the Nevada Innovation, Technology and Entrepreneur Council; and
whereas, Innovation and technology are of utmost importance in this state in stimulating economic growth, encouraging economic diversification and increasing employment in Nevada; and
whereas, Mr. Chisholm, a Nevada resident, is presently technical consultant to the Sierra Nevada Corporation, where he has been employed as Chief Scientist since 1984; and
whereas, Mr. Chisholm has contributed significantly to the technical innovation of aircraft landing systems, such as the Microwave Landing System (MLS), and the current United States Navy’s “Hands-Off” Automatic Carrier Landing System; and
whereas, Mr. Chisholm received his Master of Science degree in 1947, while concurrently an instructor at M.I.T. in Electrical Engineering, Radar School and the Electronic Research Laboratory; and
whereas, Mr. Chisholm was associated with the Desert Research Institute of the University of Nevada System as a professor of research, for 20 years, from 1963 to 1983; and
whereas, Mr. Chisholm has been awarded numerous patents in the fields of Microwave Aircraft Landing Systems, Precision Aircraft Navigational Systems, Emergency Locating Systems, Collision Avoidance Systems for both civilian and military applications of international magnitude; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the 66th session of the Nevada Legislature hereby congratulate Mr. John P. Chisholm on being selected as the 1991 Nevada Inventor of the Year and for being inducted into the Nevada Inventors Hall of Fame; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mr. John P. Chisholm.
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ê1991 Statutes of Nevada, Page 2581ê
Senate Joint Resolution No. 2–Committee on Judiciary
FILE NUMBER 121
SENATE JOINT RESOLUTION–Proposing 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.
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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Senate Concurrent Resolution No. 4–Senators Horn, Adler, Cook, Getto, Glomb, Hickey, Nevin, O’Donnell, Shaffer, Smith, Titus and Vergiels
FILE NUMBER 122
SENATE CONCURRENT RESOLUTION–Urging the State Board of Education to adopt regulations which require each school district to develop a policy concerning protective headgear for pupils who ride bicycles to school.
whereas, Many pupils ride their bicycles to school each day; and
whereas, These pupils often must travel on roads congested with motor vehicles to reach the school; and
whereas, Potential accidents with these motor vehicles pose a threat of serious injury to these pupils; and
whereas, The wearing of protective headgear should greatly reduce the severity of the injuries which a child may suffer in such an accident; now, therefore, be it
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ê1991 Statutes of Nevada, Page 2582 (FILE NUMBER 122, SCR 4)ê
resolved by the senate of the state of nevada, the assembly concurring, That the State Board of Education is hereby urged to adopt regulations which require each school district to develop a policy concerning protective headgear for pupils who ride bicycles to school and providing for the issuance of certificates by the principal of the school to pupils who have demonstrated that they have access to and wear protective headgear when riding their bicycles to and from school; and be it further
resolved, That a copy of this resolution be transmitted by the Secretary of the Senate to the President of the State Board of Education.
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Senate Concurrent Resolution No. 38–Committee on Government Affairs
FILE NUMBER 123
SENATE CONCURRENT RESOLUTION–Designating June 1 through June 7, 1991, as Polio Awareness Week.
whereas, There are an estimated 650,000 paralytic polio survivors in the United States today, a significant number of whom are experiencing polio’s late effects; and
whereas, It is essential to locate and educate polio survivors regarding the late effects of polio; and
whereas, It is also important to inform the health care community and the general public about the impact of polio and its late effects on survivors; and
whereas, The Lake Tahoe Polio Network in conjunction with the International Polio Network continue to contact and inform those experiencing the late effects of polio and provide accurate information to the medical community and the public; and
whereas, These groups work diligently to create an atmosphere of acceptance of all individuals with disabilities resulting from the late effects of polio; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That members of the Nevada Legislature hereby designate the week of June 1 through June 7, 1991, as “Polio Awareness Week” in conjunction with the “National Polio Awareness Week’ designated by the United States Congress; and be it further
resolved, That the Nevada Legislature commends the Lake Tahoe Polio Network and the International Polio Network along with the local support groups; and be it further
resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to David J. Kelly, Executive Director of the Lake Tahoe Polio Network.
________
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ê1991 Statutes of Nevada, Page 2583ê
Senate Concurrent Resolution No. 52–Senators Raggio, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 124
SENATE CONCURRENT RESOLUTION–Memorializing former Reno City Attorney Samuel Boyd Francovich.
whereas, The members of the 66th session of the Nevada Legislature note with profound sorrow the recent death of Samuel Boyd Francovich; and
whereas, Samuel Francovich was born on December 11, 1920, to Sam and Edith Boyd Ziegler Francovich, and was the fourth generation of Francovichs to have lived in Reno; and
whereas, Samuel Francovich’s great-great-grandfather came to the Washoe Valley in 1860 and in 1875 he opened the Wine House, a typical western saloon; and
whereas, The business, later called the Saint Francis Hotel, was managed by each Francovich generation until 1961, when what was then one of Nevada’s oldest businesses, closed; and
whereas, Samuel Francovich graduated from the University of Nevada, Reno, in 1942, and received his law degree from Hastings Law School in San Francisco in 1949 following World War II; and
whereas, During World War II, Samuel Francovich served as a lieutenant in the Naval Air Force, and was awarded the Distinguished Flying Cross for his participation in the Battle of the Philippine Sea; and
whereas, Samuel Francovich served in the Assembly representing Washoe County in 1951 and he was a long-time member of the Republican Party; and
whereas, He later served as the Reno City Attorney for 8 years; and
whereas, A member of the Washoe County, Nevada and American bar associations, Samuel Francovich received a commendation from the Washoe County Judges and from the Nevada Supreme Court in 1991 for his contributions to the legal profession; and
whereas, Samuel Francovich was involved with his community throughout his life including serving as president of the University of Nevada Alumni Association, and as a member of the American Legion, Reno B.P.O. Elks Lodge, Veterans of Foreign Wars Post No. 407, Junior Chamber of Commerce, Nevada Wolf Pack Boosters Club and the ATO Alumni Association; and
whereas, Samuel Francovich was also a member of the Trinity Episcopal Church, serving as chancellor for the Episcopal Diocese for the State of Nevada, and he was a member of the Yugoslavs of Nevada; and
whereas, Samuel Francovich was a member of the Salvation Army, where he served as chairman of the advisory board, became a life member and received the distinction of being selected as the 1991 Man of the Year; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the members of the 66th session of the Nevada Legislature mourn the loss of Samuel Boyd Francovich, a man who served his community, state and country with distinction; and be it further
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ê1991 Statutes of Nevada, Page 2584 (FILE NUMBER 124, SCR 52)ê
mourn the loss of Samuel Boyd Francovich, a man who served his community, state and country with distinction; and be it further
resolved, That the Nevada Legislature extends its heartfelt condolences to Samuel Francovich’s wife, Lillian, his sons, Samuel Jr., Mark and Jeffrey, his daughters, Deborah Francovich Stoker and Cynthia Francovich Conton and his 10 grandchildren, all of Reno; and be it further
resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the loving family of Samuel Boyd Francovich.
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Assembly Concurrent Resolution No. 81–Assemblymen Price, Dini, Myrna Williams, Wong, Elliott, Little, Stout, Carpenter, Garner, Heller, Hardy, Norton, Scherer, Bayley, Haller, Spitler, Sader, Arberry, Bache, Giunchigliani, Callister, Johnson, Krenzer, Anderson, Bennett, Freeman, Petrak, Gibbons, Porter, McGinness, Pettyjohn, Spriggs, McGaughey, Bergevin, Goetting, Evans, Gregory, Kerns, Marvel, Humke, Lambert and Wendell Williams
FILE NUMBER 125
ASSEMBLY CONCURRENT RESOLUTION–Commending former Assemblyman Paul W. May, Jr., for his extensive private and 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, to date, in years of Assembly service out of all members who have served in this august body; and
whereas, Paul May ably served as the Speaker of the Assembly in 1979, all the while displaying his dry wit and jovial nature; and
whereas, For several legislative sessions, beginning in 1979, Paul May was known as the “Dean of the Clark County Assembly Delegation”; and
whereas, Recognized as an expert in matters of Nevada taxation, Paul May chaired the Assembly Standing Committee on Taxation during 6 of the 10 regular sessions he served; and
whereas, After his resignation from the Assembly in 1984, Paul May served the residents of southern Nevada through his appointment to the Clark County Commission, and again, in 1985, when he was appointed to the North Las Vegas City Council; and
whereas, Following this one-term hiatus, Paul May returned to the Assembly in 1987, forever earning a special place in the state’s political history because of his sponsorship of legislation designed to obtain additional federal money for Nevada, for which he is affectionately referred to as the “Father of Bullfrog County”; and
whereas, During his years of service as a Nevada Assemblyman and an appointed county and city public official, Paul May maintained his sense of humor and exhibited an extraordinary willingness to share his knowledge with less experienced members of the Assembly, regardless of their political affiliation; and
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ê1991 Statutes of Nevada, Page 2585 (FILE NUMBER 125, ACR 81)ê
whereas, Before being elected to public office, Paul May served in the United States Army from 1948 through 1951 and was a graduate of the United States Army Signal Cryptographic Training Center in Fort Gordon, Georgia; and
whereas, For many years Paul May was the Nevada Sales Manager for Vegas Paint Company and also a successful real estate broker in Clark County; and
whereas, Paul May’s pride in his community has been expressed 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, Paul May’s love for Nevada, its past, present and future 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 Nevada; 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, Although a long-time resident of Nevada, Paul May was born in the scenic mountain community of Hot Springs, Virginia, in 1928, and all who have known him over the years agree that he is a bona fide “Virginia Gentleman”; and
whereas, The members of the Nevada Legislature were saddened to learn of Paul’s recent illness necessitating major surgery; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the 66th session of the Nevada Legislature hereby commend Paul W. May, Jr., for his unselfish public service and his genuine affection for Nevada and all of its people and hereby wish him a speedy recovery and return to good health; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to former Assemblyman Paul W. May, Jr.
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ê1991 Statutes of Nevada, Page 2586ê
Assembly Concurrent Resolution No. 84–Assemblymen Goetting, Giunchigliani, Johnson, Norton, Anderson, Pettyjohn, Humke, Hardy, Wong, Elliott, Marvel, Bache, Price, Carpenter, Porter, Little, Krenzer, Arberry, Freeman, Haller, Lambert, Kerns, McGaughey, Stout, Bergevin, Gibbons, Spriggs, Gregory, McGinness, Bayley, Scherer, Heller, Bennett, Dini, Petrak, Wendell Williams, Garner, Evans, Callister, Myrna Williams, Spitler and Sader
FILE NUMBER 126
ASSEMBLY CONCURRENT RESOLUTION–Commending Jared Barney for his courage in his fight against cancer.
whereas, Jared Barney is an 8-year-old boy who has had to endure two operations for brain tumors, plus chemotherapy, in the last 4 months; and
whereas, In March, only 2 months following his first surgery, Jared joined the Padres of the Western Little League Rookie Division as a pitcher and third baseman; and
whereas, Jared Barney seldom missed a game although medical problems forced him to stop attending Culley Elementary School and he had to study under a tutor at home; and
whereas, Throughout Jared’s treatments and latest surgery which was performed on May 15, his family and especially members from the Padres have offered their support and encouragement; and
whereas, Jared Barney has shown great courage, both on the baseball field and in the hospital, and with his cheerful attitude and enthusiasm for life, he has been an inspiration to his team, his family and the hospital staff; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That members of the 66th session of the Nevada Legislature hereby commend Jared Barney for his courage and strength as he fights his battle with cancer and wish him a speedy recovery so he can continue to be a top notch baseball player; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Jared Barney.
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ê1991 Statutes of Nevada, Page 2587ê
Assembly Concurrent Resolution No. 88–Assemblymen Norton, Giunchigliani, Scherer, Heller, Petrak, Krenzer, Little, Evans, Anderson, Johnson, Bache, Spitler, Haller, Bennett, Porter, Sader, Dini, Garner, Freeman, Price, Myrna Williams, Wendell Williams, Callister, Arberry, Wong, Gregory, Hardy, Elliott, McGinness, Spriggs, Pettyjohn, Gibbons, Bayley, Goetting, McGaughey, Kerns, Carpenter, Marvel, Humke, Stout, Bergevin and Lambert
FILE NUMBER 127
ASSEMBLY CONCURRENT RESOLUTION–Commending Rafael Rivera for discovering the Las Vegas Valley.
whereas, On Christmas Day in 1829, a young scout traveling with a Mexican caravan of packers and traders rode off from the main group in what is now northwestern Arizona; and
whereas, This young scout, Rafael Rivera, and a small scouting party rode southwest to the Colorado River, stopping in the area now covered by Lake Mead searching for a trail to the West Coast; and
whereas, The choices of continuing down the treacherous Black Canyon beside the mighty Colorado River or heading west into the desert were both feared by Rivera’s companions and they returned to the main expedition; and
whereas, Although Rafael Rivera was presumed lost, historians believe that Rivera went well-prepared into the uncharted desert, up the Las Vegas Wash to Whitney Mesa, a few miles east of where passenger jets now touch down at McCarran International Airport; and
whereas, One can only imagine the surprise and thrill that Rafael Rivera must have experienced at 19 after his 13-day, 506-mile journey, as he looked out over the green valley floor to the snow-topped Spring Mountain Range miles away; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the 66th session of the Nevada Legislature hereby commend and honor posthumously Rafael Rivera for his fortitude and determination as a scout which enabled him to become the first non-Indian to enter the Las Vegas Valley; and be it further
resolved, That the Rafael Rivera Monument Committee, composed of professional historians, and headed by Chairman Larry Luna and President Frank Maggio, is hereby commended for spending many years documenting Rafael Rivera’s journey and for their determination that this courageous man be recognized; and be it further
resolved, That Clark County and the State of Nevada appreciate the newly dedicated historical marker honoring Rafael Rivera which was donated and set in place by the Division of Historic Preservation and Archeology, on land donated by the Clark County School District at the foot of Whitney Mesa, at the intersection of Mountain Vista Drive and Russell Road; and be it further
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ê1991 Statutes of Nevada, Page 2588 (FILE NUMBER 127, ACR 88)ê
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Larry Luna, Chairman, and Frank Maggio, President, of the Rafael Rivera Monument Committee.
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Senate Concurrent Resolution No. 15–Committee on Transportation
FILE NUMBER 128
SENATE CONCURRENT RESOLUTION–Directing the Department of Motor Vehicles and Public Safety to evaluate the costs and benefits of performing audits of motor carriers and to increase the number of audits that care found to be cost effective.
whereas, The Motor Carrier Division of the Department of Motor Vehicles and Public Safety conducts desk and field audits of motor carriers both within and outside the State of Nevada; and
whereas, Such audits are helpful in the collection by the Department of fees due to the State of Nevada by the motor carrier industry; and
whereas, The revenue generated by increasing the number of audits conducted may exceed the cost to the State of Nevada of conducting such additional audits; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Department of Motor Vehicles and Public Safety is directed to evaluate the costs and benefits of performing audits of the records of motor carriers both within and outside the State of Nevada and to increase the number of any such audits that are found to generate revenue in excess of the cost of conducting them.
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Senate Concurrent Resolution No. 51–Senators Raggio, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 129
SENATE CONCURRENT RESOLUTION–Memorializing Nevada native Edward S. Parsons who was a founding member of the Nevada State Board of Architecture.
whereas, Edward S. Parsons was born in Tonopah, Nevada, on April 23, 1907, to Arthur and Laura Parsons; and
whereas, Edward Parsons was a founding member of the Nevada State Board of Architecture and a member of the State Board of Registered Professional Engineers; and
whereas, Because of his honesty, dedication and knowledge of Nevada, Edward Parsons was appointed to many state boards and commissions including the Governor’s Conference on Highway Safety, Citizen’s Conference on Nevada Courts, Comstock Historic District Commission, Historic Preservation Review Committee, Virginia City Historic District Commission and Advisory Board for Historic Preservations and Archeology; and
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ê1991 Statutes of Nevada, Page 2589 (FILE NUMBER 129, SCR 51)ê
Nevada Courts, Comstock Historic District Commission, Historic Preservation Review Committee, Virginia City Historic District Commission and Advisory Board for Historic Preservations and Archeology; and
whereas, Edward Parsons was active in agencies which serve vital interests in the State of Nevada as a past President of the Northern Nevada Chapter American Institute of Architects and past President of the Nevada State Association of Architects and he was a member of Washoe Landmarks Preservation, Inc., Washoe County Chapter of the American Red Cross and Washoe County Regional Planning Commission; and
whereas, Through the years Edward Parsons was often honored by fellow members of his profession and received many awards including the Associated General Contractors “S.I.R.” Award in 1974, the Nevada Society AIA Award of Merit for Excellence in Architecture in 1979, the City of Reno Award of Appreciation for 1960-1972, and the Reno Chamber of Commerce Community Self Starter Award; and
whereas, Edward Parsons, is the first and only Nevadan to be awarded the highest honor in his profession when he was appointed to the College of Fellows of the American Institute of Architects in 1976; and
whereas, Additionally, Edward Parsons was listed in Who’s Who in America in 1972, 1973 and 1974 and he was made an Honorary Alumnus of the University of Nevada, Reno, in 1977; and
whereas, Edward Parsons provided exemplary professional services to the State of Nevada in rehabilitating and refurbishing the State Capitol Building, remodeling Hero’s Memorial Building, designing the maximum security block and a multipurpose building for the Nevada State Prison System, designing the State Computer Center, remodeling the Archives Building and the “Octagon” Building and designing various projects for the Nevada State Mental Health Hospital Systems; and
whereas, Edward Parsons has left the residents of the State of Nevada with a legacy of at least 90 buildings which are unique in design and function including financial institutions, clubs and recreational structures, schools and colleges, municipal buildings, offices, housing and religious properties and restoration projects and facilities for Nevada’s native Americans; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature express their sincere condolences to the family of the last Edward S. Parsons; and be it further
resolved, That Edward Parsons will long be remembered for his service, contributions and professional achievements on behalf of the residents of the State of Nevada; and be it further
resolved, That the Secretary of the Senate prepare and transmit forthwith a copy of this resolution to Edward Parson’s beloved wife, Helen Steinmiller Parsons, his daughter, Alice Dray Parsons and his son Edward S. Parsons, Jr.
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ê1991 Statutes of Nevada, Page 2590ê
Assembly Joint Resolution No. 21–Committee on Judiciary
FILE NUMBER 130
ASSEMBLY JOINT RESOLUTION–Proposing to amend the constitution of the State of Nevada to extend the jurisdiction of the commission on judicial discipline.
resolved by the assembly and senate of the state of nevada, jointly, That section 21 of article 6 of the constitution of the State of Nevada be amended to read as follows:
Sec. 21. 1. A justice of the supreme court , [or] a district judge , a justice of the peace or a municipal judge may, in addition to the provision of article 7 for impeachment, be censured, retired , [or] removed or otherwise disciplined by the commission on judicial discipline. A justice or judge may appeal from the action of the commission to the supreme court, which may reverse such action or take any alternative action provided in this subsection.
2. The commission is composed of:
(a) Two justices or judges appointed by the supreme court;
(b) Two members of the State Bar of Nevada, a public corporation created by statute, appointed by its board of governors; and
(c) Three persons, not members of the legal profession, appointed by the governor.
The commission shall elect a chairman from among its three lay members.
3. If at any time the State Bar of Nevada ceases to exist as a public corporation or ceases to include all attorneys admitted to practice before the courts of this state, the legislature shall provide by law, or if it fails to do so the court shall provide by rule, for the appointment of attorneys at law to the positions designated in this section to be occupied by members of the State Bar of Nevada.
4. The term of office of each appointive member of the commission, except the first members, is 4 years. Each appointing authority shall appoint one of the members first appointed for a term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term. An appointing authority shall not appoint more than one resident of any county. The governor shall not appoint more than two members of the same political party. No member may be a member of a commission on judicial selection.
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 [.] and other forms of discipline which may be imposed by the commission.
(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.
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ê1991 Statutes of Nevada, Page 2591 (FILE NUMBER 130, AJR 21)ê
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 of the supreme court may sit on the commission for that proceeding. If a proceeding is brought against a district judge, no district judge from the same judicial district may sit on the commission for that proceeding. If a proceeding is brought against a justice of the peace, no justice of the peace from the same township may sit on the commission for that proceeding. If a proceeding is brought against a municipal judge, no municipal judge from the same city may sit on the commission for that proceeding. If an appeal is taken from an action of the commission to the supreme court, any justice who sat on the commission for that proceeding is disqualified from participating in the consideration or decision of the appeal. When any member of the commission is disqualified by this subsection, the supreme court shall appoint a substitute from among the eligible judges.
9. The commission may:
(a) Designate for each hearing an attorney or attorneys at law to act as counsel to conduct the proceeding;
(b) Summon witnesses to appear and testify under oath and compel the production of books, papers, documents and records;
(c) Grant immunity from prosecution or punishment when the commission deems it necessary and proper in order to compel the giving of testimony under oath and the production of books, papers, documents and records; and
(d) Exercise such further powers as the legislature may from time to time confer upon it.
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Assembly Joint Resolution No. 22–Committee on Judiciary
FILE NUMBER 131
ASSEMBLY JOINT RESOLUTION–Proposing to amend the constitution of the State of Nevada to allow an increase in the salaries of justices of the supreme court and district judges during their terms of office.
resolved by the assembly and senate of the state of nevada, jointly, That section 15 of article 6 and section 9 of article 15 of the constitution of the State of Nevada be amended to read respectively as follows:
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ê1991 Statutes of Nevada, Page 2592 (FILE NUMBER 131, AJR 22)ê
Sec . [:] 15. The Justices of the Supreme Court and District Judges shall each receive for their services a compensation to be fixed by law and paid in the manner provided by law, which shall not be [increased or] diminished but may be increased during the term for which they [shall] have been elected . [, unless a Vacancy occurs, in which case] If a vacancy occurs, the successor of the former incumbent shall receive only such salary as may be provided by law at the time of his election or appointment [; and provision] , which shall not be diminished but may be increased during the remainder of the term to which he was elected or appointed. Provision shall be made by law for setting apart from each year’s revenue a sufficient amount of Money, to pay such compensation.
Sec . [:] 9. The Legislature may, at any time, provide by law for increasing or diminishing the salaries or compensation of any of the Officers, whose salaries or compensation is fixed in this Constitution . [; Provided,] Except as otherwise provided in this Constitution, no such change of Salary or compensation shall apply to any Officer during the term for which he may have been elected.
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Assembly Concurrent Resolution No. 28–Committee on Health and Welfare
FILE NUMBER 132
ASSEMBLY CONCURRENT RESOLUTION–Urging the Department of Education and the county school districts to provide information to pupils about adoption and the financial responsibilities of raising children.
whereas, There are significant educational losses to teenagers because of early pregnancy and childbearing and, while research indicates that some young mothers make educational progress later, these mothers do not catch up completely and teenage fathers are more likely to drop out of school; and
whereas, Forty percent of the fathers of babies born to teenage girls are not teenagers and need to be held responsible for their actions as well as their children; and
whereas, In its report, “Risking the Future: Adolescent Sexuality, Pregnancy and Childbearing,” the National Research Council recommended strengthening adoption services, improving decision-making counseling for pregnant teenagers and developing effective models for providing comprehensive care to young women who choose adoption; and
whereas, The National Research Council also noted in its report that efforts to enforce child support obligations have the double advantage of providing financial assistance to the teenage mother and increasing the young man’s parental responsibility; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the Legislature urge the Department of Education and the county school districts to provide pupils with information about:
1. Adoption as an alternative to parenting;
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ê1991 Statutes of Nevada, Page 2593 (FILE NUMBER 132, ACR 28)ê
2. The adoption services available in Nevada;
3. The financial responsibilities of raising a child, including the responsibility of the father; and
4. The services offered by the Program for the Enforcement of Child Support of the Welfare Division of the Department of Human Resources; and be it further
resolved, That the Department of Education and the county school districts provide teachers with information and training on these topics; and be it further
resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the Superintendent of Public Instruction of the Department of Education and the boards of trustees of the county school districts in Nevada.
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Assembly Concurrent Resolution No. 52–Assemblymen Wendell Williams, Arberry, Price, Porter, Callister, Spitler, Bache, Stout, Goetting, Giunchigliani, Norton, Garner and Little
FILE NUMBER 133
ASSEMBLY CONCURRENT RESOLUTION–Directing the Department of Transportation to exhaust every possibility to avoid closure of a certain interstate highway access ramp.
whereas, The intersection of Interstate Highway No. 15 and United States Highway No. 95 in Clark County, Nevada, commonly referred to as “the Spaghetti Bowl,” is the subject of current planning for reconstruction; and
whereas, The Director of the Department of Transportation is directed by NRS 408.195 to supervise the reconstruction and improvement of the highways of this state; and
whereas, The access ramp to Martin Luther King, Jr. Boulevard is located in the immediate vicinity of “the Spaghetti Bowl” intersection; and
whereas, It has been suggested that the Martin Luther King, Jr. Boulevard access ramp should be closed as a part of the proposed reconstruction of that highway intersection; and
whereas, The Martin Luther King, Jr. Boulevard and its highway access ramp serves as one of the major thoroughfares leading into the City of North Las Vegas; and
whereas, The diversification of Nevada’s economy and the redevelopment of blighted areas have been a high priority in recent years for the Nevada Legislature and other governmental entities in this state; and
whereas, The Martin Luther King, Jr. Boulevard and its access ramp form the economic life-line to the west side of the City of Las Vegas where cooperative redevelopment efforts have produced substantial economic growth and tremendous revitalization in that area during the last few years; and
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ê1991 Statutes of Nevada, Page 2594 (FILE NUMBER 133, ACR 52)ê
whereas, In addition to the several businesses which have existed in the immediate area of the Boulevard for over 30 years, several large businesses have recently moved to that area and more have planned to do so; and
whereas, It would be a travesty to allow the reversal of such hard-fought advances in urban renewal by allowing the closure of the only access ramp within approximately 2 miles of the area; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature hereby directs the Department of Transportation to exhaust every possibility to avoid closing the Martin Luther King, Jr. Boulevard access ramp at the intersection of Interstate Highway No. 15 and United States Highway No. 95; and be it further
resolved, That the Director of the Department of Transportation report the Department’s efforts to do so to the Director of the Legislative Counsel Bureau on or before January 15, 1993, for transmittal to the 67th session of the Nevada Legislature; and be it further
resolved, That a copy of this resolution be transmitted forthwith by the Chief Clerk of the Assembly to the Director of the Department of Transportation, the Mayor of the City of Las Vegas, the Mayor of the City of North Las Vegas and the Chairman of the Clark County Board of County Commissioners.
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Assembly Concurrent Resolution No. 92–Assemblymen Price, Dini, Myrna Williams, Wong, Hardy, Anderson, Haller, Bache, Bayley, Lambert, McGinness, Goetting, Spitler, Pettyjohn, Scherer, Sader, Little, Arberry, Giunchigliani, Krenzer, Johnson, Stout, Elliott, Norton, Carpenter, Petrak, Gibbons, Freeman, Callister, Porter, Gregory, Kerns, Garner, Evans, McGaughey, Bergevin, Spriggs, Heller, Marvel, Bennett, Humke and Wendel Williams
FILE NUMBER 134
ASSEMBLY CONCURRENT RESOLUTION–Memorializing former legislative employee, Mary Nichols.
whereas, The members of the Nevada Legislature note with profound sorrow, the passing of Mary Nichols, long-time employee of the Nevada Legislative Counsel Bureau; and
whereas, Mary Michelle Nichols was a native Nevadan, born on October 16, 1945, in Reno, to Robert and June Van Sant Dugdale; and
whereas, A 1963 graduate of Manogue High School, Mary attended the University of Nevada, Reno, and was employed in the Serials Department of the university’s library from 1968 through 1975; and
whereas, Mary Nichols was employed as a librarian by the Research Division of the Legislative Counsel Bureau in 1978 and continued in this capacity until her death on November 26, 1990; and
whereas, Mary was known for her cheerful attitude and willingness to help, whether it be in response to a Legislator’s request, a request from a member of the Legislative Counsel Bureau’s staff or an inquiry from the public; and
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ê1991 Statutes of Nevada, Page 2595 (FILE NUMBER 134, ACR 92)ê
member of the Legislative Counsel Bureau’s staff or an inquiry from the public; and
whereas, Mary Nichols had an extraordinary ability to remember details and she exhibited the highest degree of dedication and competence; and
whereas, Although Mary’s absence this session has been felt by her many friends, the memory of her quick wit, wonderful smile and willingness to go the extra mile will be long-remembered; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the 66th session of the Nevada Legislature express their heartfelt condolences to the family of Mary Nichols for the loss they have suffered; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mary Nichols’ beloved sons Roger Drum of Silver City and Ryan Drum of Reno, her mother June Dugdale of Reno and her brother Robert Dugdale of Eugene, Oregon.
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Assembly Concurrent Resolution No. 93–Assemblymen Dini, Bache, Myrna Williams, Porter, Heller, Haller, Freeman, Krenzer, Spitler, Arberry, Spriggs, Hardy, Petrak, Evans, Carpenter, Elliott, Little, Garner, Wendell Williams, Kerns, Stout, Marvel, Gibbons, Wong, Goetting, Gregory, Bergevin, Lambert, Anderson, McGinness, Scherer, Johnson, Bennett, Pettyjohn, Giunchigliani, Norton, Bayley, Humke, Sader, McGaughey, Callister and Price
FILE NUMBER 135
ASSEMBLY CONCURRENT RESOLUTION–Memorializing renowned Nevada architect, Graham Erskine.
whereas, The members of the Nevada Legislature note with sorrow and regret the death of Graham Erskine on April 23, 1991; and
whereas, Graham Erskine, a native of New York, resided in Reno for the past 45 years; and
whereas, Graham Erskine received a degree in architecture from Columbia University of Rome in Italy; and
whereas, Graham Erskine was a leader in the profession of architecture in Nevada, authoring Nevada’s first licensing act for architects in 1949 and founding the Northern Nevada Chapter of the American Institute of Architects; and
whereas, Graham Erskine perhaps is best remembered as the architect who designed the Legislative Building in Carson City, which was first used for the legislative session of 1971 and has served the Nevada State Legislature effectively since that time; and
whereas, Other significant buildings in northern Nevada designed by Graham Erskine include Reno High School, Hug High School, Harold’s Club, the Nevada Bell Administration Building and the Granada Theatre; now, therefore, be it
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ê1991 Statutes of Nevada, Page 2596 (FILE NUMBER 135, ACR 93)ê
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. Erskine’s wife, Jeanne S. Erskine, sons, John Peter and Ivan Erskine, sister, Anna E. Murch, and five grandchildren; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mr. Erskine’s loving wife, Jeanne.
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Assembly Concurrent Resolution No. 94–Assemblymen Dini, Bache, Myrna Williams, Porter, Heller, Haller, Freeman, Krenzer, Spitler, Arberry, Spriggs, Hardy, Petrak, Evans, Carpenter, Elliott, Little, Garner, Wendell Williams, Kerns, Stout, Marvel, Gibbons, Wong, Gregory, Bergevin, Goetting, Lambert, Anderson, McGinness, Scherer, Johnson, Bennett, Pettyjohn, Giunchigliani, Norton, Bayley, Humke, Sader, McGaughey, Callister and Price
FILE NUMBER 136
ASSEMBLY CONCURRENT RESOLUTION–Memorializing Nevada’s first archivist, Frederick Charles Gale.
whereas, The members of the Nevada Legislature were saddened to learn of the recent passing of Frederick Charles Gale, Nevada’s first archivist; and
whereas, Mr. Gale was born on June 27, 1922, in London, England, to Arthur Charles and Emily Elizabeth Hempstead Gale; and
whereas, Mr. Gale enrolled in the Royal College of Music in London and became a professional pianist, organist and music teacher and he also attended St. Mary’s Hospital, obtaining certification as a registered nurse and a lab technician; and
whereas, During World War II, because of his competence and ability in the medical field, Frederick Gale served in the British Royal Navy in charge of sick bay and as a medic in the field; and
whereas, Mr. Gale set up the first anatomy lab at the University of British Columbia and also at U.C.L.A. where he later taught anatomy; and
whereas, After moving to Nevada, Mr. Gale set up special collections for the University of Nevada, Reno; and
whereas, The people of the State of Nevada will forever be indebted to Frederick Gale for the conscientious effort he expended in setting up Nevada’s archives when requested to do so by the then Secretary of State, John Koontz; and
whereas, In addition to being Nevada’s first archivist, Mr. Gale was the first coroner in Carson City and he organized the coroner system at the request of the late Justice of the Peace Tom Davis; and
whereas, Frederick Gale was a member of the F.&A.M., Elphinstone Lodge, Gibson, British Columbia, Canada, the Chairman of the Muscular Dystrophy Association in California and Northern Nevada and a life-time member of the Carson Valley Historical Society; and
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ê1991 Statutes of Nevada, Page 2597 (FILE NUMBER 136, ACR 94)ê
whereas, Mr. Gale is survived by his wife C. Maurine Gale of Carson City, stepson, John Camerer of Fresno, California, daughter, Jerylanne Gale of Reno, brother, Eric, Gale of London, and two grandchildren; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the 66th session of the Nevada Legislature extend their sincere condolences to the family of Frederick Charles Gale; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mr. Gale’s loving wife Maurine Gale.
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Assembly Concurrent Resolution No. 95–Committee on Legislative Functions and Elections
FILE NUMBER 137
ASSEMBLY CONCURRENT RESOLUTION–Amending the Joint Rules of the Senate and Assembly for the 66th legislative session to remove certain limitations concerning the length of session.
resolved by the assembly of the state of nevada, the senate concurring, That Rule 17 of the Joint Rules of the Senate and Assembly as adopted by the 66th session of the Legislature is hereby amended to read as follows:
17
[LIMITATIONS ON] DATE OF FIRST [AND LAST] JOINT BUDGET
[HEARINGS, DATE OF PASSAGE OF APPROPRIATION
AND AUTHORIZATION BILLS AND LENGTH OF
REGULAR SESSION] HEARING
[1.] The first joint meeting of the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means to consider the budgets of the agencies of the state must be held on or before the 92nd calendar day of the regular session.
[2. The last joint meeting of the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means to consider the budgets of the agencies of the state must be held on or before the 117th calendar day of the regular session.
3. All general appropriation and authorization bills must be finally passed by both houses on or before the 124th calendar day of the regular session.
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ê1991 Statutes of Nevada, Page 2598 (FILE NUMBER 137, ACR 95)ê
4. The Legislature shall adjourn sine die on or before the 131st calendar day of the regular session.]
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Assembly Concurrent Resolution No. 58–Committee on Transportation
FILE NUMBER 138
ASSEMBLY CONCURRENT RESOLUTION–Directing the Department of Motor Vehicles and Public Safety to conduct an interim study of the feasibility of creating a uniform traffic citation and complaint form.
whereas, Currently in Nevada there is not a uniform traffic citation and complaint form; and
whereas, Throughout the United States there are 40 states which have a uniform system of reporting citations;
whereas, The creation of a uniform traffic citation and complaint form would provide for the collection of better data, meet certain federal funding requirements, provide for an enhancement to uniform crime reporting programs and assist in effectively tracking citations and complaints; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Department of Motor Vehicles and Public Safety is hereby directed to conduct an interim study in consultation with judges, district attorneys, sheriff and police administrators, the Nevada Highway Patrol and the Drivers License Division of the Department of Motor Vehicles and Public Safety on the feasibility of creating a uniform traffic citation and complaint form; and be it further
resolved, That the study include an evaluation of:
1. Uniform traffic citation and complaint forms used by other states;
2. The appropriate agency responsible for administering uniform traffic citation and complaint forms;
3. Any necessary changes in state law; and
4. A workable schedule for carrying out a program which would use any new uniform citation and complaint form that is recommended to the Legislature;
and be it further
resolved, That the Department of Motor Vehicles and Public Safety report the results of its study and any recommended legislation to the 67th 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 Director of the Department of Motor Vehicles and Public Safety.
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ê1991 Statutes of Nevada, Page 2599ê
Assembly Concurrent Resolution No. 76–Committee on Labor
FILE NUMBER 139
ASSEMBLY CONCURRENT RESOLUTION–Directing the Department of Industrial Relations to conduct an interim study of occupational safety and health standards.
whereas, The State of Nevada is experiencing a rapid rate of growth in its population and a corresponding increase in the number of industrial injuries; and
whereas, Existing safety standards are based upon federal regulation and may require examination and revision to relate more accurately to industries currently operating in Nevada; and
whereas, The Division of Occupational Safety and Health of the Department of Industrial Relations is charged with the supervision and regulation of all matters relating to the safety and health of Nevada employees; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature hereby directs the Director of the Department of Industrial Relations to conduct an interim study of occupational safety and health standards. The study must include:
1. A comparison of occupational safety and health standards in at least five other states that are similar to Nevada in population, industries which must include mining, and size of the state general fund; and
2. A review of the standards identified in other states and those already established in this state, including, but not limited to, comparisons of scope, penalties for violations and programs for the prevention of injuries;
and be it further
resolved, That the Director of the Department of Industrial Relations report the results of the study including any suggested changes in regulations and any recommended legislation to the Director of the Legislative Counsel Bureau by January 1, 1993, for transmission to the 67th 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 Director of the Department of Industrial Relations.
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Assembly Joint Resolution No. 17–Committee on Government Affairs
FILE NUMBER 140
ASSEMBLY JOINT RESOLUTION–Creating a committee of Legislators from Nevada to meet with Legislators from California to review the Tahoe Regional Planning Compact.
whereas, The Tahoe Regional Planning Compact provides for the maintenance of the scenic, recreational, educational, scientific, natural and public health values of the entire Lake Tahoe Basin; and
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ê1991 Statutes of Nevada, Page 2600 (FILE NUMBER 140, AJR 17)ê
whereas, The Tahoe Regional Planning Compact establishes the Tahoe Regional Planning Agency to adopt and enforce a regional plan and to provide opportunities for orderly growth and development consistent with the values of the Lake Tahoe Basin; and
whereas, Progress has been made on some of the goals of the Compact, including water quality and control of erosion, but major planning and environmental goals remain unmet; and
whereas, The Legislature of the State of Nevada seeks to refocus the Tahoe Regional Planning Agency on its regional mission and improve the effectiveness, efficiency and leadership of the Agency; and
whereas, The last amendments to the Tahoe Regional Planning Compact were ratified by the Congress of the United States and signed by President Carter in 1980; and
whereas, In 1985 and 1987, the Legislature of the State of Nevada passed, by unanimous vote in both houses, amendments to the composition of the governing body of the Agency; and
whereas, There is still no representative of the Legislature of Nevada on the governing body of the Tahoe Regional Planning Agency because the Congress of the United States has not acted upon amendments to the Tahoe Regional Planning Compact that were requested by both Nevada and California; and
whereas, The Legislature of the State of Nevada is vitally concerned with achieving regional goals in conserving natural resources of the entire lake Tahoe Basin and seeks to convene a series of meetings to address these and related matters with its counterparts from the California Legislature as soon as possible; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the Legislative Commission is directed to appoint a committee of seven members of the Nevada Legislature to investigate the functioning of the Tahoe Regional Planning Compact; and be it further
resolved, That the Legislature of the State of Nevada calls upon the Legislature of the State of California to establish a similar committee of legislators to meet with the committee from Nevada; and be it further
resolved, That the combined committee is directed to meet to discuss the Tahoe Regional Planning Compact, including, but not limited to, the regional goals for conserving natural resources of the entire Lake Tahoe Basin, representation of the Legislatures of Nevada and California on the governing body for the Tahoe Regional Planning Agency and the efficiency and effectiveness of the Tahoe Regional Planning Agency; and be it further
resolved, That if the State of California does not establish a committee in response to this resolution, the committee appointed by the Legislative Commission shall carry out the provisions of this resolution; and be it further
resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to each member of the California delegation to the Tahoe Regional Planning Agency and the President Pro Tem of the Senate and the Speaker of the Assembly of the State of California; and be it further
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ê1991 Statutes of Nevada, Page 2601 (FILE NUMBER 140, AJR 17)ê
resolved, That this resolution becomes effective upon passage and approval.
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Senate Joint Resolution No. 15–Committee on Government Affairs
FILE NUMBER 141
SENATE JOINT RESOLUTION–Condemning the violence inflicted by troops of the Soviet Union against the people of the Baltic States of Lithuania, Latvia and Estonia and urging President Bush and Congress to take diplomatic action in support of freedom for the Baltic States.
whereas, During the 1940s the independent and democratic Baltic States of Lithuania, Latvia and Estonia were forcibly annexed by the Soviet Union; and
whereas, The United States has strongly supported the progress toward democracy in the Soviet Union and because of this progress, relations have improved between these two powerful nations; and
whereas, Recently Lithuania, Latvia and Estonia chose to exercise their right of self-determination by establishing democratically elected governments and as Americans, we appreciate and respect their desire to have a free country; and
whereas, In recent weeks, however, troops of the Soviet Union have sought to reimpose Soviet control by surrounding and occupying government and other public facilities in the Baltic States as part of an attempt to intimidate the people of the Baltic States; and
whereas, Most chilling is the fact that the Soviet troops opened fire on unarmed protesters and local militia in Lithuania and Latvia, killing 20 persons and injuring 150; and
whereas, Such actions are reprehensible and demonstrate a complete unwillingness to live by international law; and
whereas, The United States government has repeatedly communicated to President Gorbachev that the use of force in the Baltic States could seriously jeopardize United States-Soviet relations; and
whereas, That citizens of the State of Nevada and the United States of America abhor the use of force and intimidation to violate human rights and destroy the self-determination of people in pursuit of freedom; now, therefore, be it
resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature hereby condemns the recent brutal attacks by the Soviet Union against the people of the Baltic States and urges President Bush and the members of Congress to review all economic benefits provided by the United States to the Soviet Union and take whatever action they deem necessary to ensure that all further use of force by the Soviet Union to impose their will upon the people of the Baltic States will cease immediately; and be it further
resolved, That the Nevada Legislature urges President Bush and the members of Congress to pursue the strengthening of diplomatic ties with the Baltic States to demonstrate this country’s support for the restoration of the sovereignty of those states; and be it further
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ê1991 Statutes of Nevada, Page 2602 (FILE NUMBER 141, SJR 15)ê
Baltic States to demonstrate this country’s support for the restoration of the sovereignty of those states; and be it further
resolved, That copies of this resolution be transmitted forthwith by the Secretary of the Senate 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 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. 13–Committee on Health and Welfare
FILE NUMBER 142
ASSEMBLY JOINT RESOLUTION–Urging Congress to increase funding to the Special Supplemental Food Program for Women, Infants and Children.
whereas, Each day in the United States, 488 babies are born to young women under age 18 and each year more than 1,000,000 teenagers become pregnant; and
whereas, Statistics show these young mothers run a greater risk of receiving inadequate prenatal care and that their babies suffer higher rates of low birth weight, disability and infant mortality; and
whereas, The Federal Government funds the Special Supplemental Food Program for Women, Infants and Children, commonly known as the WIC program, that provides nutritious supplemental foods such as fruit juice, milk, eggs, cheese, formula for infants and cereal for babies, education about nutrition and referrals to other community agencies for eligible participants; and
whereas, Research shows that women who participate in the WIC program have fewer babies with low birth weight, fewer premature babies and fewer sick babies; and
whereas, Studies show that the WIC program saves $3 for every dollar of benefits provided to pregnant women; now, therefore, be it
resolved by the assembly and state of the state of nevada, jointly, That the Legislature of the State of Nevada urges Congress to enact legislation to increase federal funding of the WIC program; 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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ê1991 Statutes of Nevada, Page 2603ê
Senate Concurrent Resolution No. 60–Senators Raggio, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 143
SENATE CONCURRENT RESOLUTION–Memorializing Washoe County Commissioner, James C. Lillard.
whereas, The members of the Nevada Legislature note with profound sorrow the recent death of James “Jim” C. Lillard; and
whereas, Jim Lillard was born on August 27, 1927, in Licking, Missouri, but moved to Sparks when he was 8 years old; and
whereas, In 1945, Jim Lillard graduated from Sparks High School where he earned varsity letters in basketball and football as well as becoming senior class president and being named “Outstanding Boy” of the graduating class; and
whereas, After graduation from high school, Jim Lillard entered the Navy and served his country during World War II; and
whereas, Jim Lillard devoted 20 years to public service including two terms as mayor of the City of Sparks beginning in 1971;
whereas, Because of Jim Lillard’s charismatic personality and dedication toward improving the City of Sparks while he was mayor, he affectionately became referred to as “Mr. Sparks”; and
whereas, In 1982, Governor Bryan appointed Jim Lillard to a vacated seat on the Washoe County Commission, a position he retained until his death; and
whereas, As Chairman of the Washoe County Commission, Jim Lillard worked tirelessly to make the Truckee Meadows Regional Plan a success in an effort to combat the serious water concerns of Washoe County; and
whereas, Jim Lillard was a member of the board of directors and chairman of the board of the Reno-Sparks Recreation and Visitors Authority and as such was instrumental in the development of the Wildcreek Golf Course, and in the acquisition of land and the development of the Northgate Golf Course, projects which were especially important to him because of his love of golf; and
whereas, Jim Lillard was also a member of the Washoe County Area Council of Governments, National Energy Commission, Board of Governors at Washoe Medical Center, Board of Trustees of the Washoe Health Foundation, Hospital Board of Eastern Plumas District Hospital and the Reno-Sparks Chamber of Commerce; and
whereas, In 1974, Jim Lillard was elected president of the Nevada League of Cities; and
whereas, Jim Lillard was a member of Emmanuel First Baptist Church in Sparks; and
whereas, The Lillard Bi-Centennial Park on B Street in Sparks was dedicated to the public in 1976 and shortly thereafter the name was officially changed to James C. Lillard Railroad Park, housing the Sparks Community Chamber of Commerce and the Sparks Tourist and Information Center; and
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ê1991 Statutes of Nevada, Page 2604 (FILE NUMBER 143, SCR 60)ê
whereas, Because of the untiring efforts of James C. Lillard, the City of Sparks and Washoe County are a better place to live and raise families; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the members of this body mourn the loss of a respected Nevada citizen and extend their condolences to Jim’s wife, Colleen, daughter, Kristina Leighton and four grandchildren; and be it further
resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Jim’s loving wife and companion, Colleen Lillard.
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Assembly Concurrent Resolution No. 33–Committee on Health and Welfare
FILE NUMBER 144
ASSEMBLY CONCURRENT RESOLUTION–Urging the Welfare Division of the Department of Human Resources to increase the number of providers of obstetric care for pregnant women and teenagers who are medically indigent.
whereas, Pregnant teenagers are three times more likely than other pregnant women to receive no prenatal care; and
whereas, A younger mother without prenatal care is more likely to suffer complications from pregnancy, including anemia, toxemia and miscarriage and the more likely her baby will have low weight at birth, suffer from birth defects and mental retardation and die within the first year of life; and
whereas, During the past 10 years, teenagers in Nevada have averaged 2,000 births each year, 10 percent of which are high-risk deliveries with severe complications and another 10 percent of which are babies with low weight at birth; and
whereas, One baby who has a low weight at birth costs the state an average of $19,000 during the first year of his life; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the Legislature urge the Welfare Division of the Department of Human Resources to increase the number of providers of obstetric care available to care for pregnant women and teenagers through assistance to the medically indigent by monitoring the rates of reimbursement and keeping the rates competitive; and be it further
resolved, That the Chief Clerk of the Assembly transmit a copy of this resolution to the State Welfare Administrator of the Welfare Division of the Department of Human Resources.
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ê1991 Statutes of Nevada, Page 2605ê
Senate Joint Resolution No. 22–Committee on Natural Resources
FILE NUMBER 145
SENATE JOINT RESOLUTION–Urging the Environmental Protection Agency to undertake a review of its proposed standards for the regulation of waste from mines.
whereas, The Mine Waste Task Force of the Western Governors’ Association has, in cooperation with the Environmental Protection Agency, sought to establish a policy for the regulation of waste from mines that would protect public health and the environment through continued emphasis on state programs for the regulation of such waste; and
whereas, The Environmental Protection Agency is in the process of studying and developing regulations governing waste from mines pursuant to a congressional reauthorization plan carried out pursuant to the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.); and
whereas, Proposed standards for the regulation of waste from mines fail to incorporate recommendations made by the Western Governors’ Association in Resolution 88-004, adopted by the Association in 1988; and
whereas, Any standards adopted by the Federal Government relating to waste from mines should take into account the unique geographic and demographic conditions existing in the West; and
whereas, Regulation of waste from mines is a matter best addressed at the state level; and
whereas, Any federal regulation of waste from mines should preserve the primacy of the states in this area instead of supplanting state-based programs; 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 Environmental Protection Agency to undertake a complete review of its proposed standards for the regulation of waste from mines; and be it further
resolved, That the Environmental Protection Agency is urged to renew its cooperative effort with the Western Governors’ Association to develop a scheme of regulation that recognizes and incorporates the goals of Resolution 88-004; and be it further
resolved, That copies of this resolution be transmitted by the Secretary of the Senate to the Administrator of the Environmental Protection Agency 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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ê1991 Statutes of Nevada, Page 2606ê
Senate Joint Resolution No. 17–Committee on Natural Resources
FILE NUMBER 146
SENATE JOINT RESOLUTION–Urging the Congress of the United States to make permanent the formula for determining grazing fees provided by the Public Rangeland Improvement Act of 1978.
whereas, The Public Rangeland Improvement Act of 1978 established a formula for determining grazing fees on public lands; and
whereas, This formula has proven to be equitable and fair to permittees who use the public land for grazing their livestock and the Federal Government because it is based upon the economics of the livestock industry and the changing conditions of the public rangeland; and
whereas, The livestock industry suffers at times from economic recession and the opportunity to allow its livestock to graze on public lands is critical to the continued success of most livestock operations in the West; now, therefore, be it
resolved by the senate and assembly of the state of nevada, jointly, That the members of the Nevada Legislature support the imposition of a grazing fee on public lands based upon the formula proposed in the Public Rangeland Improvement Act of 1978 because it is fair and equitable to both the permittees using the public land and the Federal Government; and be it further
resolved, That the Nevada Legislature urges the members of Congress to adopt H.R. 1292 which would make permanent the Public Rangeland Improvement Act of 1978 that requires the use of a formula to set schedules for grazing fees that are equitable, prevent economic disruption and harm to the livestock industry and reflect annual changes in the costs of production; 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 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.
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Assembly Joint Resolution No. 30–Committee on Natural Resources, Agriculture and Mining
FILE NUMBER 147
ASSEMBLY JOINT RESOLUTION–Urging Congress to give Indian tribes jurisdiction over Indians who are not on the official tribal rolls.
whereas, The Supreme Court of the Unites States in Duro v. Reina has reversed 200 years of the exercise by Indian tribes of criminal misdemeanor jurisdiction over all Indians residing on their reservations by ruling that tribes only retain such powers over Indians who are on the official tribal roll; and
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ê1991 Statutes of Nevada, Page 2607 (FILE NUMBER 147, AJR 30)ê
jurisdiction over all Indians residing on their reservations by ruling that tribes only retain such powers over Indians who are on the official tribal roll; and
whereas, This ruling displays a lack of understanding of the reality, history and demographics of Indian reservations, including the fact that there are tens of thousands of Indians living on reservations who are not on official tribal rolls; and
whereas, Often a nonenrolled Indian has lived on a reservation all of his life, married an enrolled Indian with whom he has children and may even own land and property on the reservation; and
whereas, A nonenrolled Indian is eligible for all programs that any Indian would be eligible for and is essentially given all the benefits of membership in the tribe including preference for employment; and
whereas, For the purposes of law enforcement, tribes have never distinguished between enrolled and nonenrolled Indians; and
whereas, The Supreme Court’s ruling has created an entire class of people over whom neither the federal, state or tribal governments have jurisdiction for misdemeanor crimes, thereby creating a potential for serious lawlessness; and
whereas, The State of Nevada does not have the funding available to hire the many extra police, investigators, prosecutors and judges or to build the jails that would be necessary to prosecute misdemeanor crimes by Indians within the boundaries of Indian reservations and may not be able to assert successfully jurisdiction even if the money was available; and
whereas, The nontaxable status of reservation trust lands combined with the relative poverty of most Indian people do not offer any opportunity to raise the additional revenue that would be required to assume responsibility for such a large job if jurisdiction were established; and
whereas, The Supreme Court indicated that it is the responsibility of Congress to address any void in jurisdiction that may result from this ruling; now, therefore, be it
resolved by the assembly and senate of the state of nevada, jointly, That the members of the 66th session of the Nevada Legislature commend the Congress of the United States for passing section 8077 (b) and (c) of Public Law 101-511, signed by the President on November 5, 1990, which temporarily affirmed that tribes do retain criminal misdemeanor jurisdiction over all Indians on Indian reservations and hereby urges the Congress of the United States to make this provision permanent law; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy 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.
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ê1991 Statutes of Nevada, Page 2608ê
Assembly Resolution No. 7–Committee on Legislative Functions and Elections
FILE NUMBER 148
ASSEMBLY RESOLUTION–Providing for the appointment of an additional attache.
resolved by the assembly of the state of nevada, That Shawn Ruedy is elected as an additional attache of the Assembly for the 66th session of the Legislature of the State of Nevada.
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Senate Joint Resolution No. 18–Committee on Commerce and Labor
FILE NUMBER 149
SENATE JOINT RESOLUTION–Urging Congress to reject certain legislation related to mining.
whereas, The general mining law as amended has served our nation well for 119 years; and
whereas, The general mining law has been amended many times throughout its history, becoming a body of law which includes other statutes, regulations and case law; and
whereas, That body of law contains sufficient authorization for federal, state and local governments and agencies to administer substantial environmental controls with regard to all activities relating to mining; and
whereas, The basic tenets of the general mining law, including self-initiation, freedom of access and security of tenure, have been and continue to be critical to the encouragement of developing hard rock minerals on public lands; and
whereas, A healthy domestic mining industry is essential for the security of the United States to maintain a dynamic and sufficient inventory of minerals; and
whereas, Without such an industry, the nation will not have the requisite pool of experienced engineers and personnel to mine successfully and to process minerals routinely required in our economy and in times of emergency; and
whereas, The continuing policy of the United States is to promote an adequate and stable supply of materials necessary to maintain national security, economic well-being and industrial production; and
whereas, A healthy mining industry is of significant importance to the economy of the State of Nevada, contributing over 11 percent to the gross state product in 1990, and is critical to the growth and development of many rural areas within this state; now, therefore, be it
resolved by the senate and assembly of the state of nevada, jointly, That the Nevada Legislature hereby urges the Congress of the United States to oppose H.R. 918 introduced by Congressman Nick J. Rahall II, S. 433 introduced by Senator Dale Bumpers and the holding fee for mining claims contained in the proposed budget appropriation of the Office of Management and Budget for the fiscal year 1991-92; and be it further
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ê1991 Statutes of Nevada, Page 2609 (FILE NUMBER 149, SJR 18)ê
mining claims contained in the proposed budget appropriation of the Office of Management and Budget for the fiscal year 1991-92; and be it further
resolved, That the Secretary of the Senate prepare and transmit a copy 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.
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Assembly Joint Resolution No. 24–Committee on Government Affairs
FILE NUMBER 150
ASSEMBLY JOINT RESOLUTION–Proposing to amend section 3 of article 9 of the constitution of the State of Nevada, relating to public debts, to authorize the state to enter into certain agreements notwithstanding the limitations on state indebtedness.
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. 1. The state may contract public debts; but such debts shall never, in the aggregate, exclusive of interest, exceed the sum of 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.
2. The state, notwithstanding the foregoing limitations, may, pursuant to authority of the legislature [, make] :
(a) 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 [.] ; and
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ê1991 Statutes of Nevada, Page 2610 (FILE NUMBER 150, AJR 24)ê
(b) Enter into installment or lease purchase agreements if the state’s obligations under those agreements are extinguished by the failure of the legislature to appropriate money for the ensuing biennium for payment of the amounts then coming due.
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 [,] or agreements, and shall levy such tax as may be necessary to pay the same or carry them into effect.
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Senate Resolution No. 12–Committee on Legislative Affairs and Operations
FILE NUMBER 151
SENATE RESOLUTION–Designating 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 John M. Vergiels, Raymond C. Shaffer, Dina Titus, Ann O’Connell, Randolph J. Townsend and Virgil M. Getto are designated as the regular senate members of the legislative commission; and be it further
resolved, That Senators Leonard V. Nevin, Ernest E. Adler and Ronald V. Cook are designated as the first, second and third alternate members, respectively, for Senators John M. Vergiels, Raymond C. Shaffer and Dina Titus; Senators William R. O’Donnell and R. Hal Smith are designated as the first and second alternate members, respectively, for Senator Ann O’Connell; Senators William J. Raggio and Stephanie S. Tyler are designated as the first and second alternate members, respectively, for Senator Randolph J. Townsend, Senators Lawrence E. Jacobsen and Dean A. Rhoads are designated as the first and second alternate members, respectively, for Senator Virgil M. Getto; and be it further
resolved, That Senators Joseph M. Neal, Jr., Nicholas J. Horn, Thomas J. Hickey, Bob Coffin and Diana M. Glomb are designated as the first, second, third, fourth and fifth alternate members, respectively, for alternate members Senators Leonard V. Nevin, Ernest E. Adler and Ronald V. Cook; and be it further
resolved, That the procedure for requesting an alternate member to replace a regular member during his absence at a meeting, must be 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 for each individual senator or group of senators. 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.
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ê1991 Statutes of Nevada, Page 2611 (FILE NUMBER 151, SR 12)ê
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 legislative 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.
5. If none of the alternate members for Senators John M. Vergiels, Raymond C. Shaffer and Dina Titus are able to attend a scheduled meeting of the commission, or if the number of alternate members able to attend a scheduled meeting is less than the number of the regular members who are unable to attend, the procedure specified in this resolution for selecting alternates must also be followed for selecting the alternate members for the alternate members who are unable to attend.
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Senate Concurrent Resolution No. 58–Senator Getto
FILE NUMBER 152
SENATE CONCURRENT RESOLUTION–Directing the Division of State Lands of the Department of Conservation and Natural Resources to conduct an interim study of the options for the transfer of the Indian Lakes area from the Federal Government to the state or a local government.
whereas, The area known as Indian Lakes, a portion of the Stillwater National Wildlife Refuge and Management Areas, is an important recreational area for those seeking enjoyment in the outdoors; and
whereas, Indian Lakes provides recreational benefits including fishing, hunting, camping and bird watching, as well as other outdoor activities; and
whereas, Indian Lakes is located in close proximity to Fallon and is an important recreational area for the residents of the Carson and Truckee River basins, as well as the personnel and their families stationed at the Fallon Naval Air Station; and
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ê1991 Statutes of Nevada, Page 2612 (FILE NUMBER 152, SCR 58)ê
whereas, Indian Lakes will be managed under the 1948 Tripartite Agreement until 1997, or until the United States Fish and Wildlife Service, the Department of Wildlife and the Truckee-Carson Irrigation District should dissolve the agreement, at which time it may revert to management by the Bureau of Land Management; and
whereas, Indian Lakes has been identified, in subsection (g) of section 206 of the Truckee-Carson-Pyramid Lake Water Rights Settlement Act, Public Law 101-618, for transfer from management by the United States Fish and Wildlife Service to the State of Nevada or Churchill County; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Division of State Lands of the State Department of Conservation and Natural Resources, in consultation with the Division of State Parks of the Department of Conservation and Natural Resources and the Department of Wildlife, is hereby directed to review the various options that are available relating to the transfer of Indian Lakes from the Federal Government to the State of Nevada, Churchill County or another entity that is appropriate for its management; and be it further
resolved, That the Division of State Lands submit a report of its findings and any recommendations for appropriate legislation to the 67th session of the Nevada Legislature.
________
Assembly Concurrent Resolution No. 30–Committee on Health and Welfare
FILE NUMBER 153
ASSEMBLY CONCURRENT RESOLUTION–Directing the Department of Education and local school districts to report on progress and effect of certain required course of instruction.
whereas, In 1987 the Nevada Legislature enacted the provision now codified in NRS 389.065 which requires each school district to establish a course or unit of a course of instruction concerning acquired immune deficiency syndrome, the human reproductive system, related communicable diseases and sexual responsibility; and
whereas, The progress and effect of those courses is of continuing interest to the Nevada Legislature; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Legislature hereby directs the Department of Education and the board of trustees of each school district to submit a report of the progress and effect of the course of instruction concerning human sexuality, the prevention of acquired immune deficiency syndrome (AIDS) and sexually transmitted diseases, and related issues in each district; and be it further
resolved, That the report should include a description of the classes or other instruction currently offered about human sexuality and related issues; and be it further
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ê1991 Statutes of Nevada, Page 2613 (FILE NUMBER 153, ACR 30)ê
resolved, That the Department of Education and the board of trustees of each county school district are directed to submit its report, with any recommended policies, programs and proposed legislation, to the Director of the Legislative Counsel Bureau on or before January 18, 1993, for transmittal to the 67th session of the Nevada Legislature; and be it further
resolved, That copies of this resolution be transmitted by the Chief Clerk of the Assembly to the Superintendent of Public Instruction and to the board of trustees of each county school district in Nevada.
________
Senate Concurrent Resolution No. 63–Senators Getto, Adler, Coffin, Cook, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 154
SENATE CONCURRENT RESOLUTION–Memorializing long-time Fallon resident, Tom Gallagher.
whereas, The members of the Nevada Legislature were deeply saddened by the death of long-time Fallon resident, Thomas Leo Gallagher, on February 8, 1991; and
whereas, Thomas L. Gallagher was born September 2, 1920, in Denver, Colorado, but soon moved with his family to Los Angeles; and
whereas, During his youth Tom Gallagher worked with his father Mike Gallagher at the Gallagher Livestock Commission Company at the Los Angeles stockyards; and
whereas, Tom Gallagher attended the University of California at Davis until he quit to join the Army during World War II; and
whereas, Tom Gallagher married Imogene Cashbaugh from Bishop, California, and in 1960 they moved to Fallon where they began Gallagher Livestock, Inc., Nevada’s only livestock auction yard; and
whereas, For the past 25 years, the Nevada Cattlemen’s Association has borrowed the facility for its long-running annual all-breeds bull and stock horse sale; and
whereas, Throughout his life, Tom Gallagher spent endless hours helping young boys and girls learn all they could about farming and livestock, making his facilities and knowledge available to the Future Farmers of America and 4-H Clubs; and
whereas, Tom Gallagher served as a Nevada Farm Bureau director for several years and he was a member of the Nevada Farm Bureau, Nevada Cattlemen’s Association, Benevolent and Protective Order of Elks, Rancheros Vistadores and St. Patrick’s Catholic Church of Fallon; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the members of the 66th session of the Nevada Legislature mourn the loss of a respected Nevada citizen and extend their condolences to Tom Gallagher’s surviving family which includes his mother, Josephine Gallagher, wife, Imogene Gallagher, sister, Joan Verdugo, and his children Tim Gallagher of Fallon and Cyndia Partridge of Reno; and be it further
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ê1991 Statutes of Nevada, Page 2614 (FILE NUMBER 154, SCR 63)ê
Tom Gallagher’s surviving family which includes his mother, Josephine Gallagher, wife, Imogene Gallagher, sister, Joan Verdugo, and his children Tim Gallagher of Fallon and Cyndia Partridge of Reno; and be it further
resolved, That the Secretary of the Senate prepare and transmit forthwith a copy of this resolution to Imogene Gallagher.
________
Assembly Concurrent Resolution No. 61–Committee on Government Affairs
FILE NUMBER 155
ASSEMBLY CONCURRENT RESOLUTION–Directing the board of county commissioners of Washoe County and the city councils of Reno and Sparks to conduct and to report to the legislature the results of a study of fiscal equity among Washoe County, the City of Reno and the City of Sparks in providing public services in the Truckee Meadows region and requiring those governmental entities to carry out the recommendations of the study.
whereas, In 1989, the Legislature of the State of Nevada enacted NRS 278.026 to 278.029, inclusive, which had the immediate impact of requiring the regional planning commission and the governing board for regional planning in Washoe County to prepare and adopt a comprehensive regional plan for the physical development and orderly management of growth in the Truckee Meadows region for the next 20 years; and
whereas, On March 21, 1991, the governing board for regional planning in Washoe County adopted the comprehensive regional plan that was prepared and recommended by the regional planning commission in Washoe County; and
whereas, The comprehensive regional plan describes the needs of the area relating to public facilities and services and the general facilities that will be required to satisfy these needs; and
whereas, A goal of the comprehensive regional plan is to minimize the fiscal disparities among Washoe County, the City of Reno and the City of Sparks in providing public services in the Truckee Meadows region for the purpose of:
1. Reducing the tax burdens of persons in Washoe County and the cities of Reno and Sparks;
2. Providing for the equitable and efficient provision of public services; and
3. Allocating public money throughout the region to improve the long term fiscal condition of Washoe County and the cities of Reno and Sparks; and
whereas, The board of county commissioners of Washoe County and the city councils of Reno and Sparks have agreed that a study of fiscal equity among Washoe County, the City of Reno and the City of Sparks in providing public services in the Truckee Meadows region is a necessary element of proper regional planning in the Truckee Meadows region; now, therefore, be it
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ê1991 Statutes of Nevada, Page 2615 (FILE NUMBER 155, ACR 61)ê
resolved by the assembly of the state of nevada, the senate concurring, That the Legislature of the State of Nevada hereby directs the board of county commissioners of Washoe County and the city councils of the cities of Reno and Sparks to conduct a study of fiscal equity among Washoe County, the City of Reno and the City of Sparks in providing public services in the Truckee Meadows region; and be it further.
resolved, That the study must be conducted in accordance with the following:
1. Money to pay for the study must be provided in the budget of the governing board for regional planning in Washoe County for the fiscal year beginning July 1, 1991;
2. The scope of the study and a statement of expenditures necessary to conduct the study must be completed on or before August 31, 1991; and
3. The findings of the study, including recommendations to correct fiscal inequities among Washoe County, the City of Reno and the City of Sparks in providing public services in the Truckee Meadows region, must be completed on or before March 1, 1992;
and be it further
resolved, That the study of fiscal equity among Washoe County, the City of Reno and the City of Sparks in providing public services in the Truckee Meadows region must contain, but is not limited to:
1. A description of the public services and facilities studied;
2. An analysis of the existing and potential sources for the collection of revenue associated with the provision of public services;
3. An analysis of the costs and expenditures of providing the public services;
4. Identification of the public services to be provided by the board of county commissioners of Washoe County, the city council of Reno and the city council of Sparks;
5. A methodology for evaluating fiscal data and identifying fiscal disparities among Washoe County, the City of Reno and the City of Sparks in providing public services in the Truckee Meadows region;
6. An analysis of the issues of fiscal equity among Washoe County, the City of Reno and the City of Sparks in providing public services in the Truckee Meadows region;
7. A review of the fiscal impact on Washoe County and on the cities of Reno and Sparks of the regional form of providing public services as adopted by the comprehensive regional plan and a comparison to the estimated fiscal impact of other potential regional forms of providing public services;
8. Recommendations for correcting fiscal disparities among Washoe County, the City of Reno and the City of Sparks in providing public services in the Truckee Meadows region, including any recommendations for consolidation of public services, annexations, restructuring the provision of public services and the sharing among Washoe County, the City of Reno and the City of Sparks of revenues attributed to the providing of public services in the Truckee Meadows region; and
9. Any recommendations for the enactment of legislation by the Nevada Legislature;
and be it further
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ê1991 Statutes of Nevada, Page 2616 (FILE NUMBER 155, ACR 61)ê
resolved, That the board of county commissioners of Washoe County and the city councils of Reno and Sparks are hereby directed to develop and to agree to a plan to carry out and ensure compliance with the recommendations of the study of fiscal equity among Washoe County, the City of Reno and the City of Sparks in providing public services, including the execution of any necessary interlocal governmental agreements; and be it further
resolved, That the governing board for regional planning in Washoe County shall report the results of the study for fiscal equity among Washoe County, the City of Reno and the City of Sparks in providing public services in the Truckee Meadows region and any recommended legislation to the 67th session of the Nevada Legislature; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit copies of this resolution to the board of county commissioners of Washoe County, the city councils of Reno and Sparks and the governing board for regional planning in Washoe County.
________
Assembly Concurrent Resolution No. 62–Committee on Government Affairs
FILE NUMBER 156
ASSEMBLY CONCURRENT RESOLUTION–Directing the governing bodies of Washoe County and the cities of Reno and Sparks to conduct and report to the legislature on a coordinated study of the quantity and quality of the water supply in the region and directs those governing bodies and the governing board for regional planning to take certain actions to carry out the recommendations of the study.
whereas, In 1989, the Legislature of the State of Nevada enacted NRS 278.026 to 278.029, inclusive, concerning regional planning, which had the immediate impact of requiring the creation of a regional planning commission and the governing board for regional planning in Washoe County to prepare and adopt a comprehensive regional plan for the physical development and orderly management of growth in the region for the next 20 years; and
whereas, The comprehensive regional plan so adopted:
1. Identifies the needs of the region and the goals and policies of the region concerning sanitary sewer facilities, flood control, potable water and ground-water aquifer recharge; and
2. Identifies the facilities and providers of services that will be required to satisfy the needs of the region concerning sanitary sewer facilities, flood control, potable water and ground-water aquifer recharge and the time within which those facilities and services must be made available to satisfy the requirements created by the projected physical development and growth in the region;
and
whereas, To accomplish the goals of the comprehensive regional plan, the board of county commissioners of Washoe County, the city council of Reno and the city council of Sparks have agreed that the board of county commissioners of Washoe County shall coordinate and provide wastewater treatment, water supply, flood control and storm drainage services for Washoe County, including the cities of Reno and Sparks, and that the board of county commissioners of Washoe County is responsible for the enhancement and protection of the water quality of the Truckee River; now, therefore, be it
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ê1991 Statutes of Nevada, Page 2617 (FILE NUMBER 156, ACR 62)ê
treatment, water supply, flood control and storm drainage services for Washoe County, including the cities of Reno and Sparks, and that the board of county commissioners of Washoe County is responsible for the enhancement and protection of the water quality of the Truckee River; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Legislature of the State of Nevada hereby directs the board of county commissioners of Washoe County, the city council of Reno and the city council of Sparks to conduct a coordinated study of the quality and quantity of the water supply in the region to be completed on or before July 1, 1992, to:
1. Determine the need for water supply, wastewater treatment, flood control and drainage projects for the region and to make recommendations relating thereto;
2. Determine water quality standards for the Truckee River and to make recommendations relating thereto; and
3. Identify a coordinated, economical and efficient means of providing services of regional significance as defined in the comprehensive regional plan;
and be it further
resolved, That the board of county commissioners of Washoe County is hereby directed to prepare, within 6 months after completion of the study, a program of capital improvements and a plan of operation to put into effect the recommendations of the study of the quality and quantity of the water supply in the region; and be it further
resolved, That the city council of Reno, the city council of Sparks and the governing board for regional planning are hereby directed to review the program of capital improvements and the plan of operation in order that an agreement concerning the facilities to be owned, constructed or operated by Washoe County may be negotiated and executed by the board of county commissioners of Washoe County, the city council of Reno, the city council of Sparks and the governing board for regional planning on or before January 1, 1993; and be it further
resolved, That if an agreement regarding such facilities cannot be reached by the board of county commissioners of Washoe County, the city council of Reno, the city council of Sparks and the governing board for regional planning on or before January 1, 1993, the governing board for regional planning is hereby directed to employ an arbitrator to make findings of fact, and to make such determinations as are necessary to carry out the plan of operation, which are binding on all parties; and be it further
resolved, That the agreement must;
1. Protect and compensate, if appropriate, the rate payers in Reno and Sparks for their investment in existing sewage treatment facilities;
2. Provide that, after any change in the administration of facilities, the rates and charges established by Washoe County must be fair and equitable to both the current and future residents of the region and must be based on the cost of providing services to users; and
3. Provide a process of review of the performance of the board of county commissioners of Washoe County as the provider of regional services, that is based on objective criteria and carried out by an independent evaluator within 3 to 5 years after execution of the agreement;
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ê1991 Statutes of Nevada, Page 2618 (FILE NUMBER 156, ACR 62)ê
based on objective criteria and carried out by an independent evaluator within 3 to 5 years after execution of the agreement;
and be it further
resolved, That, unless the evaluator finds, based on a preponderance of the evidence, that the board of county commissioners of Washoe County has failed to meet the criteria established for the review process, the board of county commissioners of Washoe County shall continue to coordinate and manage the water supply and water quality services for the region; and be it further
resolved, That the board of county commissioners of Washoe County shall report the results of the coordinated study of the quality and quantity of the water supply in the region and any recommended legislation to the 67th session of the Nevada Legislature; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit copies of this resolution to the board of county commissioners of Washoe County, the city council of Reno, the city council of Sparks and the governing board for regional planning in Washoe County.
________
Assembly Concurrent Resolution No. 101–Assemblymen Gibbons, Price, Hardy, Heller, Myrna Williams, Norton, Giunchigliani, Garner, Little, Elliott, Carpenter, Stout, Petrak, Marvel, Bennett, Krenzer, Wong, Kerns, Johnson, Gregory, Wendell Williams, Evans, Callister, Porter, Sader, McGaughey, Bergevin, Spitler, Goetting, Lambert, McGinness, Bache, Haller, Pettyjohn, Bayley, Anderson, Scherer, Spriggs, Humke, Dini and Freeman
FILE NUMBER 157
ASSEMBLY CONCURRENT RESOLUTION–Memorializing the men of the USS Nevada who sacrificed their lives in defending their country at Pearl Harbor on December 7, 1941.
whereas, On December 7, 1941, the Japanese attacked Pearl Harbor; and
whereas, Although the USS Nevada sustained heavy damage during the attack, it was able to destroy several Japanese aircraft; and
whereas, The men who died that infamous day demonstrated their extraordinary courage and heroism in defending their country; and
whereas, In sacrificing their lives for their country, those men exemplified the highest ideals of American society; and
whereas, By recognizing their ultimate sacrifice, we honor those men who serve as a painful remembrance of the high price of freedom; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature memorializes the courageous and heroic men of the USS Nevada who sacrificed their lives in defending their country at Pearl Harbor on December 7, 1941.
________
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ê1991 Statutes of Nevada, Page 2619ê
Assembly Resolution No. 8–Assemblymen Arberry, Kerns, Wendell Williams, Hardy, Heller, Spriggs, Petrak, Norton, Giunchigliani, Myrna Williams, Garner, Little, Elliott, Carpenter, Stout, Marvel, Gibbons, Bennett, Krenzer, Wong, Johnson, Gregory, Price, Evans, Callister, Porter, Sader, McGaughey, Bergevin, Spitler, Freeman, Lambert, McGinness, Pettyjohn, Bayley, Bache, Scherer, Goetting, Anderson, Haller, Humke and Dini
FILE NUMBER 158
ASSEMBLY RESOLUTION–Commending Craig Calvin Page for earning a Juris Doctor degree from McGeorge School of Law.
whereas, Craig Calvin Page began his career in state government in 1983 as the Assistant Sergeant of Arms in the Assembly for the 62nd session of the Nevada Legislature; and
whereas, Recognizing the importance of education, Craig Calvin Page moved to Sacramento, California, where he attended McGeorge School of Law at night, while working during the day as a Legislative Liaison for the Division of Recycling of the Department of Conservation; and
whereas, Craig Calvin Page has demonstrated that with determination, desire and hard work, a person can overcome any obstacle and attain his dream; now, therefore, be it
resolved by the assembly of the state of nevada, That members of this legislative body do hereby commend and congratulate Craig Calvin Page upon earning a Juris Doctor degree from McGeorge School of Law and wish him a successful future in the legal profession; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Craig Calvin Page.
________
Assembly Concurrent Resolution No. 102–Assemblymen Dini, Anderson, Pettyjohn, Bache, Lambert, Goetting, Bergevin, Sader, Callister, Gregory, Johnson, Marvel, Arberry, Gibbons, Petrak, Bennett, Krenzer, Kerns, Evans, Humke, Wendell Williams, Spitler, McGinness, Haller, Bayley, Scherer, Hardy, Heller, Norton, Spriggs, McGaughey, Myrna Williams, Giunchigliani, Porter, Garner, Little, Elliott, Stout, Carpenter, Price and Freeman
FILE NUMBER 159
ASSEMBLY CONCURRENT RESOLUTION–Commending the Superintendent and staff of the State Printing and Micrographics Division of the Department of General Services for services rendered to the Nevada Legislature.
whereas, The 66th session of the Nevada Legislature created an overwhelming number of bills and amendments during this 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
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ê1991 Statutes of Nevada, Page 2620 (FILE NUMBER 159, ACR 102)ê
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 66th session of the Nevada Legislature hereby express their appreciation and commend the Superintendent and 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.
________
Senate Concurrent Resolution No. 61–Committee on Human Resources and Facilities
FILE NUMBER 160
SENATE CONCURRENT RESOLUTION–Directing the Board of Regents of the University of Nevada System to present a proposal to the 67th session of the Nevada Legislature concerning the advanced payment of tuition, room, board and fees.
whereas, The costs of higher education have increased considerably during the past two decades; and
whereas, Many parents are unable to finance their children’s education at the college level; and
whereas, The feasibility of making payments in advance over an extended period appears to be one method of helping parents better plan for the future education of their children; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Board of Regents of the University of Nevada System is hereby directed to consider and present a proposal to the 67th session of the Nevada Legislature concerning a program for the advance payment of tuition, room, board and fees in the University of Nevada System; and be it further
resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Board of Regents of the University of Nevada System.
________
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ê1991 Statutes of Nevada, Page 2621ê
Senate Concurrent Resolution No. 62–Committee on Finance
FILE NUMBER 161
SENATE CONCURRENT RESOLUTION–Encouraging senior citizens to form a senior citizens’ legislature.
whereas, The population of senior citizens living in the State of Nevada has increased significantly during the last decade; and
whereas, Although a certain percentage of senior citizens have successfully returned to the work force, the majority are retired and living on a fixed income; and
whereas, There are few organized political groups composed of senior citizens that are able to assert themselves in the legislative process; and
whereas, The members of the Nevada Legislature are concerned about meeting the needs of senior citizens in this state; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That senior citizens are encouraged to organize a senior citizens’ legislature to:
1. Discuss proposed legislation and its effect upon the senior population;
2. Propose and submit recommendations for legislation to the Nevada Legislature; and
3. Listen to other senior citizens and make suggestions on how best to handle situations which may be affecting their health and welfare;
and be it further
resolved, That the Governor is hereby encouraged to assist in the organization of a senior citizens’ legislature; and be it further
resolved, That the senior citizens’ legislature may accept and expend any gifts, grants or donations to aid the senior citizens’ legislature in carrying out its duties.
________
Senate Concurrent Resolution No. 65–Senators Jacobsen, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 162
SENATE CONCURRENT RESOLUTION–Memorializing Douglas County pioneer, Duane E. Mack.
whereas, The members of this legislative body note with sorrow and regret the passing of Douglas County pioneer and native Nevadan, Duane E. Mack; and
whereas, Duane Mack was born in Carson City on July 24, 1909, to Maurice and Clare Springmeyer Mack and lived in the Carson Valley all of his life; and
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ê1991 Statutes of Nevada, Page 2622 (FILE NUMBER 162, SCR 65)ê
whereas, After graduating from Douglas High School in 1926, Duane Mack graduated from the University of Nevada at Reno in 1930 and attended Stanford Law School; and
whereas, Duane Mack took over the Mack Land and Cattle business in 1930; and
whereas, In 1935, Duane Mack married Mary McCulloch in Reno; and
whereas, A third generation legislator, Duane Mack served two terms in the Assembly before he resigned to enlist in the United States Navy during World War II; and
whereas, During the war Duane Mack saw a need for an airport in Douglas County, and in consultation with Senator Pat McCarran, Mr. Mack acquired the land and was instrumental in having the Douglas County Airport built; and
whereas, Duane Mack was also chairman of the committee which planned, acquired land and built Nevada State Beach at Lake Tahoe; and
whereas, On a local level, Duane Mack contributed toward the enrichment of Douglas County by donating the land for the Douglas County Library and donating the land for one of the Minden town pumps; and
whereas, Although Duane Mack was not a Methodist, he donated the land for a church and parsonage when he discovered that the church was unable to find land which they could afford to purchase; and
whereas, Duane Mack was an active volunteer fireman for 60 years with the Douglas County Volunteer Fire Department; and
whereas, Duane Mack was a life member of the American Legion, a member of the Veterans of Foreign Wars, Carson Valley International Rotary Club, Carson Valley Masonic Lodge, Douglas County Historical Society, Nevada and National Cattlemen’s Association and the Farm Bureau, and he was always active at the Junior Livestock shows; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the members of the 66th session of the Nevada Legislature mourn the loss of a highly respected Douglas County pioneer who gave so much to the Carson Valley; and be it further
resolved, That this body extends it condolences to Duane Mack’s surviving family which includes his wife of 56 years, Mary, his son, Dr. Thomas Mack of Los Angeles, California, a daughter, Maureen Mack of Minden and five grandchildren; and be it further
resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Duane Mack’s loving wife Mary Mack.
________
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ê1991 Statutes of Nevada, Page 2623ê
Senate Concurrent Resolution No. 17–Committee on Finance
FILE NUMBER 163
SENATE CONCURRENT RESOLUTION–Urging certain self-help groups in this state to develop programs to address the special needs of persons with traumatic brain injuries.
whereas, Each year approximately 2,000 persons in this state sustain traumatic brain injuries; and
whereas, Some persons who suffer the emotional and physical effects of traumatic brain injuries often develop or exacerbate problems relating to the abuse of drugs or alcohol; and
whereas, Many of those persons would benefit greatly from the services of certain self-help groups; and
whereas, Self-help groups such as Alcoholics Anonymous, Narcotics Anonymous and Al-Anon Family Groups have not developed programs to address the special needs of persons with traumatic brain injuries; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Nevada Legislature urges Alcoholics Anonymous, Narcotics Anonymous and Al-Anon Family Groups and any other self-help groups which provide services which would benefit persons with traumatic brain injuries to develop programs to address the special needs of those persons; and be it further
resolved, That copies of this resolution be prepared and transmitted forthwith by the Secretary of the Senate to the chief officer in Nevada of Alcoholics Anonymous, Narcotics Anonymous, Al-Anon Family Groups and any other self-help groups in this state of which she is aware, that provide services which would benefit persons with traumatic brain injuries.
________
Assembly Concurrent Resolution No. 83–Committee on Transportation
FILE NUMBER 164
ASSEMBLY CONCURRENT RESOLUTION–Directing the Department of Motor Vehicles and Public Safety to conduct a study of the feasibility of establishing a provisional drivers’ licensing system.
whereas, Drivers who are 16 and 17 years of age have more than 2 times the national average of automobile accidents in their first year of driving and 4 times as many accidents per mile driven when compared to experienced adult drivers; and
whereas, Teenage drivers are 2 1/2 times more likely to be involved in an alcohol-related fatal accident than adult drivers; and
whereas, Nevada has no special programs of education or evaluation and no incentives or sanctions to ease young novice drivers into the traffic environment; and
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ê1991 Statutes of Nevada, Page 2624 (FILE NUMBER 164, ACR 83)ê
whereas, Many states have observed significant decreases in accidents when special provisional drivers’ licensing programs for young novice drivers have been established; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Department of Motor Vehicles and Public Safety is hereby directed to conduct an interim study in consultation with the Department of Education, Juvenile Court Judges, insurance industry and teenage drivers and their parents on the desirability and feasibility of establishing a provisional drivers’ licensing system; and be it further
resolved, That the study include an evaluation of:
1. The knowledge, skills and abilities young novice drivers need to drive safely on our highways;
2. The appropriate methods for educating and training young drivers to ensure that they acquire at least the minimum knowledge, skills and abilities necessary to drive safely on our highways;
3. The type of incentives and sanctions which would assist in modifying teenage driving behavior;
4. Similar programs which are successful in other states;
5. The appropriate changes in state law necessary to enact a provisional drivers’ licensing program in Nevada; and
6. The anticipated cost of a provisional drivers’ licensing program and proposed methods for funding such a program;
and be it further
resolved, That the Department of Motor Vehicles and Public Safety report the results of its study and any recommended legislation to the Director of the Legislative Counsel Bureau on or before January 15, 1993, for transmission to the 67th 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 Director of the Department of Motor Vehicles and Public Safety.
________
Assembly Resolution No. 9–Assemblymen Dini and McGaughey
FILE NUMBER 165
ASSEMBLY RESOLUTION–Designating 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: Mr. Morse Arberry, Jr., Mr. Gene T. Porter, Mr. Robert M. Sader, Mrs. Joan A. Lambert, Mr. James W. McGaughey and Mrs. Gaylyn J. Spriggs are designated as the regular assembly members; Ms. Christina Giunchigliani and Mr. Rick C. Bennett are designated as the first and second alternate members, respectively, for Mr. Morse Arberry, Jr.; Mrs. Saundra Krenzer and Mr.
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ê1991 Statutes of Nevada, Page 2625 (FILE NUMBER 165, AR 9)ê
and Mr. Robert E. Price are designated as the first and second alternate members, respectively, for Mr. Gene T. Porter; Mr. Bernie Anderson and Mrs. Vivian L. Freeman are designated as the first and second alternate members, respectively, for Mr. Robert M. Sader; Mr. James A Gibbons and Mr. Joe Elliott are designated as the first and second alternate members, respectively, for Mrs. Joan A. Lambert; Mr. Robert A. Wong and Mr. William D. Gregory are designated as the first and second alternate members, respectively, for Mr. James W. McGaughey; and Mr. John C. Carpenter and Mr. Bob L. Kerns are designated as the first and second alternate members, respectively, for Mrs. Gaylyn J. Spriggs.
________
Assembly Concurrent Resolution No. 63–Committee on Transportation
FILE NUMBER 166
ASSEMBLY CONCURRENT RESOLUTION–Directing the director of the department of motor vehicles and public safety to conduct an interim study of the procedure for the sale of motor vehicles to satisfy a lien for labor, materials and storage.
whereas, It is estimated that more than 2,000 vehicles per month are sold in Nevada through the lien sale process; and
whereas, Although NRS 108.310 provides that certain procedures be followed before initiating satisfaction of a lien, the public may be victimized by abuses of these procedures;
whereas, The department of motor vehicles and public safety and the public service commission of Nevada agree that there is little protection for the public in a lien sale because of the large volume of lien sales, the lack of adequate staff to monitor such sales and the potential for abuse in the system; and
whereas, It has been many years since the provisions relating to the procedures for the sale of motor vehicles to satisfy liens for labor, materials and storage have been evaluated; and
whereas, This area of the law is in need of thorough investigation and study to ensure that the public is adequately protected and that persons who repair motor vehicles have an effective means to recover their costs; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the director of the department of motor vehicles and public safety is hereby directed to conduct an interim study of the lien sale process to ensure that the public is adequately protected and that persons who repair motor vehicles have an effective means to recover their costs; and be it further
resolved, That this study is to be conducted in cooperation with the public service commission of Nevada; and be it further
resolved, That the study include an examination, review and evaluation of:
…………………………………………………………………………………………………………………
ê1991 Statutes of Nevada, Page 2626 (FILE NUMBER 166, ACR 63)ê
1. The procedures for the satisfaction of a lien on a motor vehicle currently provided for in chapter 108 of NRS;
2. The laws of other states which provide for the satisfaction of such liens;
3. Any model acts relating to such liens;
4. Whether there is adequate staff to monitor the sale of vehicles for the satisfaction of liens; and
5. The provisions of NRS 108.310 which relate specifically to the sale of vehicles for the satisfaction of a lien;
and be it further
resolved, That the director of the department of motor vehicles and public safety report the results of the study and any recommended legislation to the director of the legislative counsel bureau on or before January 1, 1993, for distribution to the 67th session of the Nevada Legislature.
________
Assembly Concurrent Resolution No. 67–Committee on Government Affairs
FILE NUMBER 167
ASSEMBLY CONCURRENT RESOLUTION–Demanding that the Tahoe Regional Planning Agency restrict its activities concerning casino projects.
whereas, The State of Nevada has regulated the gaming industry within its boundaries without intervention by the Federal Government or by the State of California; and
whereas, The State of Nevada established the Nevada Tahoe regional planning agency in 1973 specifically to review the environmental impacts and effects of applications for construction relating to gaming establishments in the Lake Tahoe Basin; and
whereas, The State of Nevada in 1979 enacted Senate Bill No. 323, which prohibited the construction of new casinos, the enlargement of existing structures housing casinos and the enlargement of areas open to public use within casinos in the Lake Tahoe Basin, thereby removing the question of bi-state regulation of gaming from the issues associated with the negotiation of amendments to the Tahoe Regional Planning Compact; and
whereas, Language concerning restrictions on floorspace used for gaming within casinos in the Lake Tahoe Basin was incorporated in the 1980 amendments to the Tahoe Regional Planning Compact to provide the Nevada Tahoe regional planning agency, rather than the bi-state Tahoe Regional Planning Agency, with management authority for information concerning casino floor plans and the configuration of gaming areas; and
whereas, The Nevada statutory prohibitions concerning the construction of new casinos, the enlargement of existing structures housing casinos and the enlargement of areas open to public use within casinos in the Lake Tahoe Basin were incorporated in the amendments to the Tahoe Regional Planning Compact enacted in 1980, thus eliminating any role for the Tahoe Regional Planning Agency in the review of these types of activities; and
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ê1991 Statutes of Nevada, Page 2627 (FILE NUMBER 167, ACR 67)ê
whereas, Subdivision (f) of Article VI of the Tahoe Regional Planning Compact restricts the authority of the Tahoe Regional Planning Agency relative to casinos to the review of an external modification of a structure when the modification requires a permit from a local government, and to the review and approval of an internal modification, remodeling, change in use or repair of an area open to public use only if the action will result in an increase of more than 15 percent in the amount of area actually used for gaming; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Nevada Legislature hereby demands that the Tahoe Regional Planning Agency restrict its activities concerning casino projects to those activities authorized in subdivision (f) of Article VI of the Tahoe Regional Planning Compact; and be it further
resolved, That a copy of this resolution be transmitted by the Chief Clerk of the Assembly to the governing board of the Tahoe Regional Planning Agency.
________
Assembly Concurrent Resolution No. 91–Assemblymen Giunchigliani, Spitler, Norton, Haller, Bache, Freeman, Lambert, Sader, Callister, Johnson and Little
FILE NUMBER 168
ASSEMBLY CONCURRENT RESOLUTION–Directing the governor to appoint an interim commission to study the issues facing the Hispanic community.
whereas, America is strong and proud today because of its “melting pot” society which draws strength from assimilating different races and ethnic cultures; and
whereas, One of the fastest growing segments of the population in Nevada today is Hispanics, who immigrate from, or trace their ancestry to, any of the more than 20 Spanish-speaking countries in the world; and
whereas, Both the Hispanics who have contributed so much to the development of this state since statehood and the newest Hispanic immigrants have rich cultural heritages to share; and
whereas, Recent population studies indicate that Hispanics will continue to be Nevada’s fastest growing minority in the near future; and
whereas, Many Hispanics arrive in Nevada from impoverished countries or from economically depressed areas of the southwest United States and are forced to accept employment below their actual potential because of a language barrier or the lack of other educational opportunities; and
whereas, The tremendous overall growth in the population of this state in recent years has resulted in a reduction of affordable housing and available educational opportunities for persons for whom English is a second language; and
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ê1991 Statutes of Nevada, Page 2628 (FILE NUMBER 168, ACR 91)ê
whereas, It is important that the State of Nevada grow with and respond to the needs of its population and, when possible, provide help to its newest immigrants to make their American dreams possible; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the governor is hereby directed to appoint an interim commission to study the issues facing the Hispanic community; and be it further
resolved, That the study include an examination, review and evaluation of:
1. The availability of employment for Hispanics in this state and the manner in which they are employed;
2. The manner in which Hispanics can be encouraged to start and successfully manage their own businesses;
3. The availability of affordable housing for Hispanics;
4. The availability of special classes in schools in this state which offer courses for Hispanics such as English as a second language; and
5. The problems which are inherent in a migratory work force;
and be it further
resolved, That the governor shall appoint to the interim commission to study the issues facing the Hispanic community, five members, who shall serve without compensation or reimbursement for their expenses, including:
1. One member who is active in the Hispanic community;
2. One member representing the educational concerns of the Hispanic community;
3. One member representing businesses which are owned and operated primarily by Hispanics; and
4. Two members of the general public;
and be it further
resolved, That the interim commission to study the issues facing the Hispanic community shall report its findings and any recommendations to the governor by September 1, 1992, for consideration in the executive budget; and be it further
resolved, That the Governor submit the findings and any recommendations of the committee to the Director of the Legislative Counsel Bureau for transmission to the 67th session of the Nevada Legislature.
________
Assembly Concurrent Resolution No. 100–Committee on Legislative Functions and Elections
FILE NUMBER 169
ASSEMBLY CONCURRENT RESOLUTION–Amending the Joint Rules of the Senate and Assembly for the 66th legislative session to provide for briefings regarding the interim findings and recommendations of legislative committees.
resolved by the assembly of the state of nevada, the senate concurring, That the Joint Rules of the Senate and Assembly, as adopted by the 66th session of the Legislature, are amended by the following addition:
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ê1991 Statutes of Nevada, Page 2629 (FILE NUMBER 169, ACR 100)ê
18
BRIEFINGS REGARDING INTERIM FINDINGS AND
RECOMMENDATIONS OF LEGISLATIVE COMMITTEES
Each legislative committee that adopted any findings or recommendations during the interim since the last regular session of the Legislature shall, no later than the 14th calendar day of the regular session, conduct a meeting to inform interested members of the Senate and Assembly of those findings and recommendations.
________
Assembly Concurrent Resolution No. 103–Assemblymen Dini, Evans, Elliott, Stout, Carpenter, Garner, Myrna Williams, Giunchigliani, Spriggs, Norton, Heller, Hardy, Scherer, Bayley, Haller, McGinness, Spitler, Humke, McGaughey, Porter, Wendell Williams, Kerns, Krenzer, Bennett, Petrak, Marvel, Gibbons, Wong, Johnson, Gregory, Price, Arberry, Callister, Sader, Bergevin, Freeman, Goetting, Lambert, Bache, Pettyjohn, Anderson and Little
FILE NUMBER 170
ASSEMBLY CONCURRENT RESOLUTION–Memorializing Mary Frazzini, former Assemblywoman from Washoe County.
whereas, This Legislature notes with profound sorrow the passing of Mary Frazzini, former Washoe County Assemblywoman; and
whereas, Mary Cameron Frazzini was born on February 20, 1919, in Oakland, California, and moved to Nevada as an infant; and
whereas, Mary Frazzini began her political career when she was elected to the Esmeralda County School Board in 1940, and after moving to Reno in 1945 she served on the Reno City Council in 1955; and
whereas, Mary Frazzini served in the Assembly representing Washoe County from 1965 to 1972 and was Chairman of the Committee on Legislative Functions and Elections; and
whereas, Mary Frazzini was deeply involved in helping her community and throughout the years she was a member of the Business and Professional Women, Renown Toastmistress Club, Reno Commission of the Status of Women, Salvation Army Board, Washoe County School Board, Quota Club, Visiting Homemaker and Home Health Aid Service of Washoe County, Reno-Sparks Chapter NAACP, Delta Kappa Gamma, Twentieth Century Club, Washoe Association for Retarded Citizens, Washoe County Geriatric Clinic, Garden Club, and Boy and Girl Scouts and she was a life member of the Parent Teachers Association; and
whereas, On a state and national level, Mary Frazzini was a member of the Northern Nevada Women’s Political Caucus, Nevada Federation of Republican Women, Republican Women’s Club, Greater Nevada Health Systems Agency, Western Gerontological Society, Nevada League for Nursing, Nevada Urban Indians, Inc.,
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ê1991 Statutes of Nevada, Page 2630 (FILE NUMBER 170, ACR 103)ê
Nevada Urban Indians, Inc., Defenders of Wildlife, National Order of Women Legislators, National Council on Aging, Special Advisory Committee of Public Opinion of the United States State Department and Governor’s Committee on the Status of Women; and
whereas, Growing older did not slow Mary Frazzini down as was evidenced in her enthusiasm and dedication toward helping elderly persons, serving as director of the Washoe Senior Citizens Service Center for several years; and
whereas, Mary Frazzini received numerous awards in recognition of her outstanding public service including being selected as Woman of the Year in 1966, being named one of three outstanding Republican Women in the United States in 1969 and receiving the Service to Mankind Award in 1978 from the Silver State Sertoma Club of Sparks; and
whereas, Mary Frazzini was listed in Who’s Who in the West, Who’s Who of American Women and Who’s Who in American Politics; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the 66th session of the Nevada Legislature extend their heartfelt sympathy to Mary Frazzini’s son Carson of Reno and her two grandchildren; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mary’s son, Carson Cameron Frazzini.
________
Assembly Concurrent Resolution No. 104–Assemblymen Dini, McGaughey, Anderson, Bennett, Krenzer, Little, Bayley, Kerns, Johnson, Heller, Wendell Williams, Gregory, Callister, Arberry, Porter, Giunchigliani, Gibbons, Hardy, Spriggs, Elliott, Myrna Williams, Wong, Freeman, Spitler, Goetting, Humke, Sader, Haller, Marvel, Stout, Scherer, McGinness, Carpenter, Garner, Pettyjohn, Petrak, Bergevin, Evans, Bache, Lambert, Price and Norton
FILE NUMBER 171
ASSEMBLY CONCURRENT RESOLUTION–Memorializing Delbert T. Landing, long-time Carson City resident.
whereas, The members of this Legislature were deeply grieved to learn of the death of Delbert (Del) T. Landing, long-time public servant and Carson City resident; and
whereas, Del Landing was born in Ashland, Oregon, on August 27, 1925, to Frank Melrose and Bessie Gearhart Landing, and had been a Carson City resident since 1964; and
whereas, Del Landing graduated from Ashland High School in 1944; and
whereas, On November 8, 1947, Del Landing and Mouryne Burton were married in Ashland, Oregon; and
whereas, After serving his country in the Navy during World War II, Del Landing worked for the First National Bank of Oregon from 1947 to 1963 and, after a distinguished career, retired as senior vice president for the main branch of Security Bank of Nevada in Reno; and
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ê1991 Statutes of Nevada, Page 2631 (FILE NUMBER 171, ACR 104)ê
and, after a distinguished career, retired as senior vice president for the main branch of Security Bank of Nevada in Reno; and
whereas, While living in Medford, Oregon, Del Landing was chairman of the 1959 United Way Fund Drive, director of the Oregon City Kiwanis Club, president of the Medford Jaycees, a member of the Ashland B.P.O. Elks Lodge and he received the Medford Distinguished Service Award; and
whereas, After moving to Carson City, Del Landing distinguished himself as one of Carson City’s most active and enthusiastic residents, exemplified by his participation in numerous community activities; and
whereas, As president and director of the Carson City Chamber of Commerce, president of Western Industrial Nevada, president of the Carson City School Board and a member of the Carson City Rotary International Club and Nevada Activities Association Interscholastic, Del Landing contributed greatly to the community; and
whereas, Del Landing is survived by his wife of 43 years, Mouryne, and a daughter, Sheryl Seaman, Both of Carson City, a daughter, Lisa Menath of Incline Village, a brother, Elmer of Colton, Oregon, sisters, Eva Findlay and Vera Collins, both of Ashland, Oregon, and five grandchildren; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the 66th session of the Legislature of the State of Nevada extend their heartfelt sympathy to their highly respected colleague, Mouryne, and to the other members of the family; and be it further
resolved, That when this body adjourns today, it does so in the memory of Del T. Landing; and be it further
resolved, That the Assistant Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Del Landing’s loving and caring wife, Mouryne, and to his daughters, Sheryl Seaman and Lisa Menath.
________
Assembly Concurrent Resolution No. 105–Assemblymen Dini, Price, Bergevin, Marvel, Sader, Humke, Kerns, Arberry, Lambert, McGaughey, Spriggs, Myrna Williams, Callister, Carpenter, Evans, Freeman, Garner, Porter, Wendell Williams, McGinness, Haller, Little, Anderson, Bache, Bayley, Bennett, Elliott, Giunchigliani, Goetting, Gregory, Hardy, Heller, Johnson, Krenzer, Norton, Petrak, Pettyjohn, Scherer, Spitler, Stout, Wong and Gibbons
FILE NUMBER 172
ASSEMBLY CONCURRENT RESOLUTION–Commending Carol L. Moore on her 30th anniversary with the Nevada Assembly.
whereas, Carol L. Moore was born in Reno, Nevada, to Jeff and Leona Springmeyer, and is a fourth generation Nevadan; and
whereas, Carol has one son, Randy, and one granddaughter, Tiffany Rene, who was born on April 6, 1991, in Rye Patch, Nevada, where Randy is the Park Ranger; and
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ê1991 Statutes of Nevada, Page 2632 (FILE NUMBER 172, ACR 105)ê
whereas, Carol began her legislative career in 1961 as an Assembly Enrollment Clerk; and
whereas, Because of her professionalism and excellent skills, Carol was promoted to Assembly Journal Clerk in 1967, and in 1973 she became the Assistant Chief Clerk; and
whereas, Carol acquired her interest and dedication to her positions with the Legislature naturally, since her father, Jeff Springmeyer, served as Assistant Chief Clerk in 1943, Chief Clerk during the 1945 and 1947 sessions and finally retired from the position of Director of the Legislative Counsel Bureau in 1967; and
whereas, Recently, during the absence of the Assembly Chief Clerk, Carol accepted full responsibility for this position and demonstrated her capabilities and knowledge of parliamentary procedure; and
whereas, Carol has maintained friendships and good working relationships with former Assemblymen now serving in the Senate and with the staff of the Senate front desk; and
whereas, Throughout her life, Carol has demonstrated her desire to succeed, including earning an Associate Degree in General Studies and an Associate Degree in Arts from Western Nevada Community College; and
whereas, This multifaceted lady is also a gifted pianist, an accomplished private pilot, and has completed a class in fencing; and
whereas, When time allows, Carol spends many hours studying the geology and biology of the State of Nevada, exploring caves and observing wildlife while camping in her trailer; and
whereas, In past years, while “4-wheeling” around Carson City before it became a popular pastime, Carol occasionally would get stuck and have to hike home; and
whereas, Among her major accomplishments it should be noted that she has accumulated an extensive collection of her favorite items, shoes; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the members of the 66th Session of the Legislature of the State of Nevada hereby commend Carol L. Moore on her 30th anniversary of service to the Nevada Legislature and especially for her dedication and the professional manner in which she recently assumed the numerous responsibilities of the Chief Clerk; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Carol L. Moore.
________
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ê1991 Statutes of Nevada, Page 2633ê
Senate Concurrent Resolution No. 67–Senators Nevin, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 173
SENATE CONCURRENT RESOLUTION–Congratulating the Nevada Wing of the Civil Air Patrol on 50 years of continuous service.
whereas, A name synonymous with Nevada volunteerism is the Nevada Wing of the Civil Air Patrol; and
whereas, The Civil Air Patrol was established on December 1, 1941, and is by law, the Civilian Auxiliary of the United States Air Force; and
whereas, The Nevada Wing of the Civil Air Patrol has 650 members and 120 aircraft in its operation and serves the state with emergency services, aerospace education and a training program for boys and girls; and
whereas, The Nevada Wing of the Civil Air Patrol works with the Air Force Rescue Coordination Center, the Division of Emergency Management of the Department of the Military and local law enforcement agencies in response to reported emergency situations throughout the State of Nevada and provides service of a confidential nature to various federal agencies; and
whereas, Mission-qualified pilots, observers and ground crews are ready to respond to an emergency at any time of the day or night; and
whereas, This year the Nevada Wing of the Civil Air Patrol celebrates its 50th year of continuous service to the residents of this state; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the members of the 66th session of the Nevada Legislature hereby congratulate the Nevada Wing of the Civil air Patrol on their 50th year of continuous service to the residents of the State of Nevada; and be it further
resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Colonel Robert Roser, the commanding officer of the Nevada Wing of the Civil Air Patrol.
________
Senate Joint Resolution No. 23–Committee on Natural Resources
FILE NUMBER 174
SENATE JOINT RESOLUTION–Urging the Secretary of Interior and Secretary of Agriculture to organize an interagency task force to develop a plan for the recovery of Lahontan cutthroat trout in Nevada.
whereas, The Lahontan cutthroat trout (salmo clarki henshawi) has been classified as a threatened species by the Secretary of the Interior since 1975, mostly because of the gradual deterioration of the riparian habitat necessary for its survival; and
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ê1991 Statutes of Nevada, Page 2634 (FILE NUMBER 174, SJR 23)ê
whereas, The agencies of the Federal Government responsible for the management of the affected land have only recently given this deterioration any official recognition, after having allowed the deterioration to occur for many years; and
whereas, Despite this deterioration, geographically fragmented populations of Lahontan cutthroat trout can be found in various portions of the Carson, Humboldt, Owyhee, Quinn, Truckee and Walker River basins; and
whereas, In recognition of the threatened population of Lahontan cutthroat trout in Pyramid Lake and the lower Truckee River, the United States Congress, pursuant to Public Law 101-618, directed the Secretary of the Interior expeditiously to revise, update and implement plans for the conservation and recovery of those trout; and
whereas, It would be beneficial to prepare similar plans for the other threatened populations of Lahontan cutthroat trout in Nevada; and
whereas, Because of the wide geographical distribution of the populations of Lahontan cutthroat trout in this state and the disparity in federal agencies having jurisdiction over the affected land, coordinated interagency cooperation is required to ensure the recovery of these populations of trout; now, therefore, be it
resolved by the senate and the assembly of the state of nevada, jointly, That the Nevada Legislature hereby urges the Secretary of the Interior and Secretary of Agriculture of the United States to organize an interagency task force, consisting of representatives of the United States Fish and Wildlife Service, Bureau of Land Management and Forest Service, and appropriate agencies of the State of Nevada, to develop, with the assistance of representatives of interested organizations, a plan for the recovery of the various populations of Lahontan cutthroat trout in this state; and be it further
resolved, That the interagency task force be instructed to prepare the plan in an expeditious manner to prevent the further endangerment of the species; and be it further
resolved, That the interagency task force be instructed to include in the plan its recommendations for methods to provide for the removal of the Lahontan cutthroat trout from its classification as a threatened species in the various river basins of this state, giving due consideration to the relative size of those populations and conditions of the habitat in those basins; and be it further
resolved, That a copy of this resolution be prepared and 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 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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ê1991 Statutes of Nevada, Page 2635ê
Assembly Joint Resolution No. 26–Committee on Health and Welfare
FILE NUMBER 175
ASSEMBLY JOINT RESOLUTION–Urging the C.H. Kempe National Center to hold the annual meeting of the “National Task Force on Juvenile Sexual Offending” in Nevada in 1992.
whereas, There were 86 reported juvenile sex offenders in Nevada in 1990; and
whereas, Only 12 of those offenders had their cases adjudicated, were provided with a presentencing assessment and received the recommended treatment; and
whereas, Trainers from the C.H. Kempe National Center are the leading experts in the country on juvenile sex offenders; and
whereas, Nevada has approximately six persons who are qualified to treat juvenile sex offenders; and
whereas, Training and education result in protection to the community and the rehabilitation of offenders; and
whereas, Competition exists among the various states to host the annual meeting of the “National Task Force on Juvenile Sexual Offending”; 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 C.H. Kempe National Center to hold the annual meeting of the “National Task Force on Juvenile Sexual Offending” in Nevada in 1992; 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 C.H. Kempe National Center; and be it further
resolved, That this resolution becomes effective upon passage and approval.
________
Assembly Resolution No. 10–Assemblymen Dini, McGaughey, Anderson, Bache, Johnson, Gibbons, Bennett, Evans, Scherer, Little, Krenzer, Bayley, Pettyjohn, Lambert, Hardy, Haller, Spriggs, Stout, Carpenter, Elliott, Freeman, Bergevin, Humke, Spitler, McGinness, Sader, Callister, Arberry, Price, Marvel, Gregory, Wong, Petrak, Kerns, Wendell Williams, Porter, Myrna Williams, Giunchigliani, Heller, Norton, Garner and Goetting
FILE NUMBER 176
ASSEMBLY RESOLUTION–Commending the attaches of the Assembly for their dedicated service during the 66th session of the Nevada 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
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ê1991 Statutes of Nevada, Page 2636 (FILE NUMBER 176, AR 10)ê
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 82 years of experience at 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 66th session of the Nevada Legislature commend and thank Carol Moore, Joan Anderson, Joan Babic, Jane Gill, Betty Day, Carol Martini, Cindy Southerland, Kay Graves, Laverna Marwin, Carolyn Maynick, Michael Barclay, Charles Van Geel, Jr., Juliana Baker, Jill Erickson, Jason Hataway, Jennifer Meredith, Scott Ruedy, Shawn Ruedy, Patricia Hatch, Christine Shaw, Lucinda Benjamin, Kimberly Fry, Marcia Warne, Marilyn Cole, Donna Calhoun, Laura Pabon, Betty Wills, Lula Collins, Iris Bellinger, Susan Packard, Kathy Pereos, Barbara Doke, Patricia Baltz, Dianne Laird, Sherree Koehler, Rebecca Boatwright, Reba Coombs, Dale Gray, Launa Martin, Patricia McDaniel, Cheryl Thurston, Patricia Menath, Martha Bowers, April Carino, Kathleen Day, Carol Dickerson, Maureen Francisco, Judy Gyarmathy, Frances Hill, Colleen Janes, Constance Lewis, Paulette Simpson, Marlene Staub, Donna Watt, Marcelene Wehry, Sharon Burnham, Janet Busse, Sally Dunfield, Lavelle Johnson, Morse Burley, Mary Carel, James Coffin, Melvin Cowperthwaite, Edward Cordisco, Jr., Linda Cummings, Mark Hess, Marian Howard, Reid Meyer, Mike Pintar, Shanna Pozzi, Mike Richardson, Valorie Sheldon and Julene Smith.
________
Assembly Joint Resolution No. 28–Assemblymen Carpenter, Marvel, Bennett, Little, Garner, Porter, Bergevin, Heller, Spriggs, Hardy, Bayley, Stout, Elliott, McGinness, Petrak, Wong, Kerns, Price, Gregory, Norton, Gibbons, Scherer, Johnson, Pettyjohn, Wendell Williams, McGaughey, Arberry, Spitler and Goetting
FILE NUMBER 177
ASSEMBLY JOINT RESOLUTION–Urging Congress to allocate money for the management of public lands and the protection of the habitat of wild horses and burros based on the population of the herds of wild horses and burros in each state.
whereas, The Wild Free-Roaming Horses and Burros Act of 1971 (16 U.S.C. §§ 1331 et seq.) protects wild horses and burros from destruction, capture or sale by any person or governmental entity except when authorized by the Secretary of the Interior or the Secretary of Agriculture in connection with public lands administered by the Bureau of Land Management and the Forest Service; and
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ê1991 Statutes of Nevada, Page 2637 (FILE NUMBER 177, AJR 28)ê
capture or sale by any person or governmental entity except when authorized by the Secretary of the Interior or the Secretary of Agriculture in connection with public lands administered by the Bureau of Land Management and the Forest Service; and
whereas, Over 65 percent of the wild horses and burros in the United States are in Nevada and the population of the wild horses and burros is increasing at a rate of approximately 18 percent a year; and
whereas, The Bureau of Land Management in Nevada receives less than 16 percent of the budget of the Department of the Interior for the management of public lands and for the protection of the habitat of the herds of wild horses and burros; and
whereas, Because of the inadequate funding, federal agencies have not been able to gather the data that is required to establish a thriving natural ecological balance on the public lands; and
whereas, One of the provisions of the Wild Free-Roaming Horses and Burros Act of 1971 (16 U.S.C. § 1333(b)(1)) requires the Secretary of the Department of Agriculture and the Secretary of the Department of the Interior to consult with the wildlife agencies of the states; and
whereas, Pursuant to NRS 504.470, the primary duty of the state commission for the preservation of wild horses is to preserve the herds of wild horses in Nevada; and
whereas, The federal agencies that consult with the department of wildlife have acknowledged that the commission for the preservation of wild horses is a state agency pursuant to the provisions of the Wild Free-Roaming Horses and Burros Act of 1971 (16 U.S.C. §§ 1331 et seq.); now, therefore, be it
resolved by the assembly and the senate of the state of nevada, jointly, That Congress is hereby urged to review the funding for the management of public lands and the protection of the habitat of wild horses and burros and to provide a pro rata distribution of money that is based on the population of the herds of wild horses and burros in each state; and be it further
resolved, That the Secretary of the Department of Agriculture and the Secretary of the Department of the Interior recognize that the commission for the preservation of wild horses is a state agency for the purposes of the Wild Free-Roaming Horses and Burros Act of 1971; 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, the Secretary of the Department of the Interior, the Secretary of the Department of Agriculture 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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ê1991 Statutes of Nevada, Page 2638ê
Assembly Joint Resolution No. 23–Committee on Health and Welfare
FILE NUMBER 178
ASSEMBLY JOINT RESOLUTION–Urging Congress to pass a Hunger Relief Act.
whereas, Recent information indicates that at least 5.5 million children in the United States under the age of 12 years are hungry and over 11 million are either hungry or at risk of hunger; and
whereas, In Nevada at least 74,179 children are at risk of hunger and nearly one-fourth of the families with children are hungry or at risk of hunger; and
whereas, In Washoe County alone, 30,336 children received services from food bank agencies in 1990; and
whereas, Legislation has been introduced in Congress which is intended to reduce hunger, especially hunger among children; and
whereas, The House of Representatives is currently considering a bill that could significantly reduce hunger among children, referred to as the Mickey Leland Childhood Hunger Relief Act, as a living memorial to the founder and chairman of the House Select Committee on Hunger, Representative Mickey Leland, who died on a trip to investigate hunger in Ethiopian refugee camps 2 years ago; and
whereas, The Senate is also considering a bill to provide relief from hunger which is referred to as the Childhood Hunger Prevention Act; 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 recognize that hunger has become a serious problem in our country and support and pass legislation to reduce hunger among children in the United States; and be it further
resolved, That the Chief Clerk of the Assembly prepare and transmit a copy 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.
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Assembly Concurrent Resolution No. 16–Assemblymen Evans, Callister, Marvel, Price, McGinness, Pettyjohn, Goetting, Giunchigliani, Heller, Spitler, Myrna Williams, Stout, Dini and Humke
FILE NUMBER 179
ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study of the welfare system in Nevada.
whereas, The State of Nevada is experiencing an unprecedented rate of growth in its population; and
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ê1991 Statutes of Nevada, Page 2639 (FILE NUMBER 179, ACR 16)ê
whereas, The welfare system in this state was not designed to meet the changing demands of this increase in population; and
whereas, It is in the public interest to identify the specific nature of those demands, the availability of resources to provide the necessary welfare services and the means to ensure that the necessary welfare services are provided efficiently; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Legislative Commission is hereby directed to conduct an interim study of the welfare system in Nevada; and be it further
resolved, That the study include:
1. An evaluation of the various welfare services being provided by the state and its counties, and by any private organizations in the communities of this state;
2. The identification of any programs established by the Federal Government which are available to Nevada for the provision of welfare services, whether or not they are currently being conducted in this state;
3. The identification of any needs for welfare services in this state which are not being satisfied, and of any welfare services being duplicated by the various providers of those services in Nevada; and
4. The identification of means to improve the welfare system in this state; and be it further
resolved, That the results of the study and any recommended legislation be reported to the 67th session of the Nevada Legislature.
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Assembly Concurrent Resolution No. 26–Committee on Legislative Functions and Elections
FILE NUMBER 180
ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study concerning the establishment of a policy and procedure for the naming of state buildings.
whereas, There are many buildings owned by the state that are not designated with any distinctive name; and
whereas, There are many worthy citizens who deserve to be honored for their achievements for the benefit of our state and nation; and
whereas, The naming of state buildings after these citizens may be an appropriate way to bestow such an honor; and
whereas, There is at present no policy or procedure governing the naming of state buildings; 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 concerning the establishment of policy and procedure for the naming of state buildings; and be it further
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ê1991 Statutes of Nevada, Page 2640 (FILE NUMBER 180, ACR 26)ê
resolved, That the Legislative Commission report the results of the study and any recommended legislation to the 67th session of the Nevada Legislature.
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Assembly Concurrent Resolution No. 46–Committee on Government Affairs
FILE NUMBER 181
ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study of state and local procedures for the review and approval of proposals for the subdivision of land.
whereas, The State of Nevada has in recent years experienced a rapid rate of growth in its population, requiring the subdivision and development of a large amount of land in the state; and
whereas, The procedures by which state and local agencies review and approve proposals for the subdivision of land, despite their increasing importance and extremely technical nature, have not been comprehensively examined since 1976; and
whereas, Chapter 278 of NRS requires both the Division of Environmental Protection of the State Department of Conservation and Natural Resources and the Health Division of the Department of Human Resources to review water quality factors associated with tentative and final maps for proposed subdivisions; and
whereas, Those same agencies are also both responsible for reviewing individual sewage disposal systems; and
whereas, Each agency charges a fee for its services which ultimately must be paid by the purchaser of the developed property; and
whereas, Many people who are concerned about the high cost of available housing have questioned whether review by both agencies is the most economically efficient manner of protecting public health and safety; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Legislative Commission is hereby directed to conduct an interim study of the procedures by which state and local agencies review and approve proposals for the subdivision of land, including an examination of the respective responsibilities and programs of the Division of Environmental Protection and the Health Division to determine if there is any duplication of services; and be it further
resolved, That the Legislative Commission is hereby directed to appoint an advisory committee to provide it with such technical assistance as it requires to conduct the study; and be it further
resolved, That the Legislative Commission submit a report of its findings and any recommendations for appropriate legislation to the 67th session of the Legislature.
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ê1991 Statutes of Nevada, Page 2641ê
Assembly Concurrent Resolution No. 79–Committee on Government Affairs
FILE NUMBER 182
ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study of the laws relating to emergencies involving hazardous materials.
whereas, National attention was focused on the dangers of hazardous materials during the past 3 years when a fire and explosions occurred at Pacific Engineering and Production Company on May 4, 1988, and then again during the recent chlorine leak at the Pioneer Chlor Alkall Company at the BMI complex near the City of Henderson on May 6, 1991; and
whereas, The use, production, storage, transportation and disposal of hazardous materials throughout this state pose a potential danger to the lives and property of Nevadans unless properly managed; and
whereas, Residents of Nevada expect their state and local governments to ensure the proper management of hazardous materials, and to have emergency plans in effect to cope with potential disasters from such materials; and
whereas, The Federal Government has adopted laws requiring the development of emergency response plans at all levels of government; and
whereas, The Henderson Commission report, completed at the request of Governor Bryan, after the explosions at the Pacific Engineering and Production Company, and the recent status report completed at the request of Governor Miller, on the implementation of the Henderson Commission recommendations, make it clear that much work has been done on planning for emergencies, but much remains to be done; and
whereas, There are a number of agencies with jurisdiction over the use, production, storage, transportation and disposal of hazardous materials, and coordination among these agencies is vital to the health, safety and welfare of the residents of Nevada; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Legislative Commission is hereby directed to conduct an interim study of state laws relating to emergencies which may result from the use, production, storage, transportation and disposal of hazardous materials; and be it further
resolved, That the study include a review of:
1. The jurisdictions of all state and local agencies with responsibilities relating to the use, production, storage, transportation and disposal of all types of hazardous materials;
2. The coordination among these agencies; and
3. The effectiveness of state and local systems for implementing Public Law 99-499 (the Superfund Amendments and Reauthorization Act of 1986 (SARA) Title II);
and be it further
resolved, That the study include an evaluation of the effectiveness of state and local systems for the following aspects of emergencies involving hazardous materials:
1. Planning;
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ê1991 Statutes of Nevada, Page 2642 (FILE NUMBER 182, ACR 79)ê
2. Mitigation;
3. Providing emergency responder training;
4. Responding and coordinating responses;
5. Effecting recovery from such emergencies;
6. Emergency notification systems and procedures among all agencies;
7. Education dealing with such emergencies within the Nevada school systems and among the general public;
8. Direction, control and warning systems; and
9. Emergency communication systems;
and be it further
resolved, That the Legislative Commission report the results of the study and any recommended legislation to the 67th session of the Nevada Legislature.
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Assembly Concurrent Resolution No. 85–Committee on Education
FILE NUMBER 183
ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study on public elementary and secondary education in this state.
whereas, Public education is a fundamental responsibility of state government; and
whereas, Public education plays a crucial role in producing well-informed, educated and productive members of society; and
whereas, Public education is an important factor in maintaining the excellent quality of life enjoyed by the people of this state; and
whereas, Public education is critically important in the state’s plan for economic diversification; 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 public elementary and secondary education in this state; and be it further
resolved, That the study must emphasize an evaluation of:
1. The effects of allowing parents the right to choose which school their child attends;
2. Alternative teaching methods to that of “tracking” pupils in particular courses of study;
3. The feasibility and desirability of lengthening the school year;
4. Cost-effective ways of reducing the ratio of pupils to teachers in the classroom;
5. Flexible hours for a school day;
6. Any new teaching methods and procedures currently being used successfully in other states;
7. The present and long-term effects of using certain drugs to treat pupils who are hyperactive or inattentive; and
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ê1991 Statutes of Nevada, Page 2643 (FILE NUMBER 183, ACR 85)ê
8. The problems of providing alternative housing and educational opportunities for pupils who are suspended or expelled from public schools for the commission of violent acts or the possession of dangerous weapons;
and be it further
resolved, That the committee appointed by the Legislative Commission to study public elementary and secondary education in this state must meet at least seven times during the interim and must consult with such experts in the field of education as the committee deems appropriate to obtain information necessary for the study; and be it further
resolved, That the results of the study and any recommended legislation be reported to the 67th session of the Nevada Legislature.
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Assembly Concurrent Resolution No. 90–Committee on Legislative Functions and Elections
FILE NUMBER 184
ASSEMBLY CONCURRENT RESOLUTION–Directing the Legislative Commission to study the laws governing public records and books.
whereas, Nevada’s law governing access to public records and books has remained largely unchanged since its enactment in 1911; and
whereas, The lack of applicable definitions and clear-cut guidelines regarding new technology have resulted in confusion by those responsible for administering the law and those seeking access to public records and books; and
whereas, Such confusion has led to the destruction of records which should have been retained for historical purposes; and
whereas, There is a growing need to identify, preserve and maintain public access to significant electronic records along with maintenance of our documentary heritage; and
whereas, It is essential that the necessary revision of these laws appropriately balance the interest of the public in obtaining access to vital information with each resident’s right to privacy; now, therefore, be it
resolved by the assembly of the state of nevada, the senate concurring, That the Legislative Commission is hereby directed to conduct an interim study of the laws governing public records and books; and be it further
resolved, That the study should include:
1. A careful examination of the definitions of “records” and “public records”;
2. A determination of the status and appropriate manner of preservation of electronic information;
3. An examination of the circumstances under which public books and records should be made available to the public with a goal of making the greatest amount of governmental information available to the residents of this state while protecting their legitimate need for privacy; and
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ê1991 Statutes of Nevada, Page 2644 (FILE NUMBER 184, ACR 90)ê
4. An estimation of the cost to implement any recommendations made as a result of the study;
and be it further
resolved, That the Governor shall appoint at least five members to serve on an advisory committee to the Legislative Commission, including representatives of the Nevada State Press Association, the Society of Professional Journalists, the State Library and Archives and local governments; and be it further
resolved, That the Legislative Commission report the results of the study and any recommended legislation to the 67th session of the Nevada Legislature.
________
Senate Joint Resolution No. 21–Committee on Commerce and Labor
FILE NUMBER 185
SENATE JOINT RESOLUTION–Proposing to amend the Nevada constitution to authorize a reduction in the tax on all or part of the property of a business or industry that relocates or has relocated its hazardous operations from an area in this state to a site or sites designated by the legislature.
resolved by the senate and assembly of the state of nevada, jointly, That section 1 of article 10 of the constitution of the State of Nevada be amended to read as follows:
Section 1. 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, which shall be assessed and taxed 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.
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.
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ê1991 Statutes of Nevada, Page 2645 (FILE NUMBER 185, SJR 21)ê
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.
9. No income tax shall be levied upon the wages or personal income of natural persons. Notwithstanding the foregoing provision, and except as otherwise provided in subsection 1 of this section, taxes may be levied upon the income or revenue of any business in whatever form it may be conducted for profit in the state.
10. The legislature may provide by law for a uniform and equal reduction in the tax imposed on all or part of the property of a business or industry that relocates all or part of its hazardous operations to one or more sites designated by the legislature. The reduction must only be allowed for businesses that:
(a) Were located in Nevada on or before July 1, 1991; and\
(b) Relocate or have previously relocated their hazardous operations from an area in this state to a site or sites designated by the legislature.
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Senate Concurrent Resolution No. 21–Senators Rhoads, Horn and Raggio
FILE NUMBER 186
SENATE CONCURRENT RESOLUTION–Requiring 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 $397,000,000 in 1969 to over $3,900,000,000 in 1989; and
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ê1991 Statutes of Nevada, Page 2646 (FILE NUMBER 186, SCR 21)ê
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
whereas, Except for the pilot project established for the 66th session of the Nevada Legislature by the study committee created by Senate Concurrent Resolution No. 44 of the 65th session of the Nevada Legislature, the format of the current budget document has not changed since 1969 even though the size and complexity of the state’s 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, Today’s 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; and
whereas, The study committee created by Senate Concurrent Resolution No. 44 of the 65th session of the Nevada Legislature worked hard to develop recommendations that would begin a gradual reformation of the state budget process and the implementation and effectiveness of these recommendations needs to be monitored by a study committee that could advise the executive branch if questions arise in the implementation of the new process; 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 continue the comprehensive study of the state budget process which was conducted pursuant to Senate Concurrent Resolution No. 44 and the 65th session of the Nevada Legislature; 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;
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ê1991 Statutes of Nevada, Page 2647 (FILE NUMBER 186, SCR 21)ê
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;
10. The appropriate role of the Governor and the Legislature in the budget process;
11. The results of the pilot project created by the study committee created pursuant to Senate Concurrent Resolution No. 44 of the 65th session of the Nevada Legislature which designated six agency budgets that used, for the 66th session of the Nevada Legislature an alternative program budget format including mission statements, program measurement data and the elimination of individual line-items of expenditure and position lists; and
12. The effectiveness of all changes made in the state budget process during the 66th session of the Nevada Legislature;
and be it further
resolved, That the committee to study the state budget process consists of eight members including:
1. Six voting members, consisting of three Assemblymen appointed by the Speaker of the Assembly and three Senators appointed by the Majority Leader of the Senate; and
2. Two nonvoting members, one of whom is employed by the Fiscal Analysis Division of the Legislative Counsel Bureau and one of whom 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 67th session of the Nevada Legislature.
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Senate Concurrent Resolution No. 36–Committee on Finance
FILE NUMBER 187
SENATE CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study to evaluate and recommend potential funding sources for the Department of Wildlife.
whereas, The Legislature of the State of Nevada recognizes the importance of the Department of Wildlife, which is responsible for the preservation, protection, management and restoration of wildlife and its habitat within this state for aesthetic, scientific, recreational and economic benefits; and
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ê1991 Statutes of Nevada, Page 2648 (FILE NUMBER 187, SCR 36)ê
whereas, Funding derived from sportsmen in this state has not been sufficient to meet the financial needs of the Department of Wildlife; and
whereas, The Legislature recognizes the financial impact on the Department of Wildlife when reduced or free licenses are allowed for senior citizens, juniors, servicemen, Indians, handicapped persons and disabled veterans; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the Legislative Commission is hereby directed to conduct an interim study to evaluate and recommend potential funding sources which will provide the Department of Wildlife with a long-term plan for adequate funding for all functions performed by the Department; and be it further
resolved, That the study should include, but not be limited to:
1. The examination of all functions performed by the Department of Wildlife, including the cost of performing those functions and the source of the money currently used to support each function;
2. A determination of the adequacy of all fees charged by the Department of Wildlife;
3. An analysis of the adequacy of the funding for nongame, educational and other programs operated by the Department of Wildlife;
4. A determination of the functions and the level of participation that should be supported by the residents of Nevada; and
5. An analysis of whether other uses of land which have an impact on the Department of Wildlife, including mining, recreational activities and development, are contributing their fair share to the support of the Department;
and be it further
resolved, That the Legislative Commission submit a report of its findings and any recommendations for appropriate legislation to the 67th session of the Nevada Legislature.
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Senate Concurrent Resolution No. 43–Senators Rawson, Hickey and Coffin
FILE NUMBER 188
SENATE CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct a study on the feasibility of developing a program of computer-assisted instruction for pupils in kindergarten and grades 1 through 12, inclusive.
whereas, There is tremendous daily use and reliance on computer skills in the work force by all occupational groups in the State of Nevada; and
whereas, It is commonly required by employers as a condition of employment that an applicant possess basic computer skills; and
whereas, It is advantageous to both our youth and to private industry as future employers to develop these basic computer skills at an early age; and
whereas, The use of computer-assisted instruction provides educational opportunities not otherwise available to the youth of this state; now, therefore, be it
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ê1991 Statutes of Nevada, Page 2649 (FILE NUMBER 188, SCR 43)ê
resolved by the senate of the state of nevada, the assembly concurring, That the Legislative Commission is hereby directed to appoint a committee to conduct a comprehensive study of the feasibility of developing a program of computer-assisted instruction for pupils attending kindergarten and grades 1 through 12, inclusive; and be it further
resolved, That the study include an examination of the feasibility of private industry sharing in the cost of developing and establishing such a program; and be it further
resolved, That the Legislative Committee is hereby directed to appoint the superintendent of public instruction as a member of the committee to conduct the study; and be it further
resolved, That the results of the study and any recommended legislation be reported to the 67th session of the Nevada Legislature.
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Senate Concurrent Resolution No. 54–Committee on Finance
FILE NUMBER 189
SENATE CONCURRENT RESOLUTION–Directing Legislative Commission to conduct an interim study of the feasibility of establishing veterans’ homes, veterans’ centers and motor vehicle pools for veterans.
whereas, The spirit of freedom burned brightly in the hearts of men who have gone to war to defend our country; and
whereas, The men of this nation who have fought in wars have demonstrated their courage by facing the possible loss of their lives every day while involved in a war; and
whereas, This devotion to country should not be forgotten once a war is over; and
whereas, There are approximately 146,000 veterans living in the State of Nevada; and
whereas, The State of Nevada presently has no homes to accommodate veterans should they be in need of housing, whether their need be temporary or permanent; 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 feasibility of establishing veterans’ homes, veterans’ centers and motor vehicle pools for veterans in the State of Nevada to better meet the needs of veterans living in Nevada; and be it further
resolved, That the study should include:
1. An identification of the needs of veterans living in the State of Nevada, and what, if any, programs are available to help meet those needs;
2. A survey of facilities available for veterans in at least five other states that are similar to Nevada in population;
3. A determination of the availability of land which could be used if a veteran’s home were established;
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ê1991 Statutes of Nevada, Page 2650 (FILE NUMBER 189, SCR 54)ê
4. An estimate of the costs involved in establishing one or more veterans’ homes, veterans’ centers and motor vehicle pools for veterans; and
5. Consultation with veterans’ agencies and other research to determine whether money is available from the Federal Government for the establishment of such facilities;
and be it further
resolved, That the Legislative Commission submit a report of its findings and any recommendations for appropriate legislation to the 67th session of the Nevada Legislature.
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Senate Concurrent Resolution No. 59–Senator Titus
FILE NUMBER 190
SENATE CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study of gaming.
whereas, In 1869 the Nevada Legislature passed the gaming bill after an override of the governor’s veto, and legalized gaming in Nevada; and
whereas, Since those early years, Nevada prohibited gaming only once for a period of 21 years until 1931 when gaming was once again legalized as Governor Balsar signed Assemblyman Tobin’s so-called “wide open gambling” bill; and
whereas, In the past 60 years gaming has become Nevada’s primary industry, contributing nearly 43 percent of the state’s annual budget; and
whereas, As gaming continues to be legalized in more and more states, competition for tourists increases, thereby creating a need for the continued promotion of this state as an attractive and exciting destination for visitors; and
whereas, Although the State of Nevada must continue to diversify its economic base, it must not neglect its commitment to the gaming industry which remains the primary source of revenue for this state; 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 on gaming; and be it further
resolved, That the study should include an intensive evaluation of the future of gaming in this state taking into consideration:
1. The effect on Nevada of gaming in other areas of the United States including proposals to allow gaming on Indian reservations;
2. Present and future plans for taxation of the gaming industry;
3. The treatment of the law on larger gaming establishments compared to smaller ones; and
4. Any other aspect of gaming which may influence Nevada’s economy; and be it further
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ê1991 Statutes of Nevada, Page 2651 (FILE NUMBER 190, SCR 59)ê
resolved, That the Legislative Commission submit a report of its findings and any recommendations for appropriate legislation to the 67th session of the Nevada Legislature.
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Senate Concurrent Resolution No. 68–Committee on Finance
FILE NUMBER 191
SENATE CONCURRENT RESOLUTION–Directing the Fiscal Analysis Division of the Legislative Counsel Bureau to conduct an interim study of funding special education programs for handicapped children including gifted and talented children.
whereas, The members of the Nevada Legislature recognize the importance of providing an adequate and appropriate educational program for each handicapped child in the state; and
whereas, NRS 388.440 defines a handicapped minor to be any person under the age of 18 years who deviates either educationally, physically, socially or emotionally so markedly from normal patterns, or demonstrates such outstanding academic skills or talents, that he cannot progress effectively in a regular school program and therefore needs special instruction or special services; and
whereas, The educational programs for handicapped minors are often more expensive than regular educational programs; and
whereas, The Nevada Legislature recognizes the additional burden of the costs of such programs upon the resources of the local school districts and the state; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the staff of the Fiscal Analysis Division of the Legislative Counsel Bureau is hereby directed to conduct an interim staff study of the financing of special education programs for handicapped children including gifted and talented children; and be it further
resolved, That the study should include, but not be limited to:
1. An examination of the amount of federal, state and local money expended for special education programs and the proportion of total funding for special education programs that is provided from each source;
2. A determination of the actual costs of providing special education programs for Nevada’s handicapped minors;
3. An analysis of the feasibility of funding special education programs on the basis of class size or by pupil-teacher ratios; and
4. A review of methods used in other states to fund special education programs;
and be it further
resolved, That the staff of the Fiscal Analysis Division report its findings to the 67th session of the Nevada Legislature.
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ê1991 Statutes of Nevada, Page 2652ê
Senate Concurrent Resolution No. 69–Senators Vergiels, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend and Tyler
FILE NUMBER 192
SENATE CONCURRENT RESOLUTION–Memorializing Raymond E. Dace, a lifelong supporter of the Democratic Party.
whereas, The Legislature of the State of Nevada notes with sorrow and regret the death of Raymond E. Dace on May 29, 1988; and
whereas, Raymond E. Dace was born in St. Louis, Missouri, on January 10, 1904, and had resided in Las Vegas since 1962; and
whereas, Mr. Dace helped to organize the Automatic Sprinkler Union in St. Louis and was a member until his retirement; and
whereas, Mr. Dace belonged to the Masonic Lodge and the Shrine Temple in St. Louis and was also a member of the American Lodge, the Moolah Temple and the Ascalon Commandery; and
whereas, Raymond Dace supported the Democratic Party throughout his life and worked at the polls during elections; and
whereas, Raymond Dace was married to Helen E. Dace, who preceded him in death in 1977; and
whereas, Raymond and Helen Dace were married for 48 years and were apartment managers for the Flamingo Palms Apartments; and
whereas, Raymond E. Dace was cherished as a father by his three daughters and their children; and
whereas, Raymond E. Dace will be remembered with highest regard by his friends 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 Raymond Dace’s daughters, Barbara R. Baker, Mary Ann Chavella and Joan E. Rose, grandchildren, Gregory A. Baker, Michelle E. Baker, Jodi Rae Chavella, Michael J. Chavella, Gary C. Urbantke, Mark E. Urbantke and great grandchild, Tracey Urbantke; and be it further
resolved, That a copy of this resolution be prepared and transmitted by the Secretary of the Senate to the daughters of Raymond E. Dace.
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ê1991 Statutes of Nevada, Page 2653ê
Senate Concurrent Resolution No. 70–Senators Hickey, Raggio, Adler, Coffin, Cook, Getto, Glomb, Horn, Jacobsen, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 193
SENATE CONCURRENT RESOLUTION–Memorializing William K. Woodburn, prominent Reno attorney.
whereas, The members of the Nevada Legislature note with sorrow the passing of prominent Reno attorney, William K. Woodburn, on December 8, 1989; and
whereas, William K. Woodburn was born in Reno in 1910 to William and Mary Z. Kervin Woodburn, Jr.; and
whereas, After attending local schools and Reno High School, William Woodburn graduated from the University of Nevada in 1931, and from Georgetown University in 1936 where he received his law degree; and
whereas, William Woodburn was the third in a line of distinguished Nevada lawyers bearing that name; and
whereas, William Woodburn served the State of Nevada as president of the Nevada State Bar in 1956 and was honored by the Board of Regents of the University of Nevada as a “Distinguished Nevadan”; and
whereas, William Woodburn is survived by his wife of 52 years, Betty, daughters, Patricia Wise, Mary Elizabeth Zideck and Sarah Holmes, a brother, John K. Woodburn, a sister, Mary Barbara Vlautin, four grandsons, Mark and Chris Conte, Lance Smith and Ryan Holmes and a granddaughter, Erica Zideck; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the members of the Nevada Legislature extend their condolences to the surviving family of William K. Woodburn, a man whose kindness, sincerity and compassion touched those who became his friends; and be it further
resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to his loving wife, Betty Woodburn.
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Senate Concurrent Resolution No. 71–Senators Raggio, Jacobsen, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Neal, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 194
SENATE CONCURRENT RESOLUTION–Memorializing the late Herman L. Peavy.
whereas, The members of the Nevada Legislature note with profound sorrow the passing of Herman L. Peavy; and
whereas, Herman Peavy was born on September 21, 1911, to Francis and Zella Wallace Peavy of Texas; and
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ê1991 Statutes of Nevada, Page 2654 (FILE NUMBER 194, SCR 71)ê
whereas, Herman Peavy had been a Sparks resident since 1955 and was employed by H.S. Crocker Company for 20 years before retiring in 1981; and
whereas, As an active member of the Republican Party, serving on both the state and Washoe County Central Committees, Herman Peavy received the lifetime achievement award of the Nevada Republican Party from President Ronald Reagan and the Washoe County Republican Party Hall of Fame Award; and
whereas, Herman Peavy found happiness from bringing joy to others, especially with his involvement with elderly persons; and
whereas, Until just recently Herman Peavy entertained elderly residents at a Sparks Retirement Home each week by playing the piano; and
whereas, Herman Peavy and his wife Verla enjoyed a wonderful life together raising their four children which include their three daughters, Nancy Moss, Cherry Jackson and Penny Peavy and a son, Terry Peavy, all of Texas; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the members of this 66th session of the Nevada Legislature offer their sincere condolences and heartfelt sympathy to the family of Herman Peavy; and be it further
resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Herman Peavy’s beloved wife, Verla.
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Senate Resolution No. 13–Senators Shaffer, Vergiels, Raggio, Neal, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Nevin, O’Connell, O’Donnell, Rawson, Rhoads, Smith, Titus, Townsend and Tyler
FILE NUMBER 195
SENATE RESOLUTION–Commending the attaches of the Senate for their service during the 66th session of the Nevada 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 66th 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 66th session of the Nevada Legislature commend and express their gratitude to Mary Jo Mongelli, Ann Moyle, Mary Phillips, Mary Ellen Patt, Vernon E. Bunker, Charles Welsh, Jarrod Adams, Tige Reeve, Susanna Martin, Ruth Pierini, Gayle Pyle, Shirley Hammon, Marilyn Hofmann, Terri Pinnock, Judith Bishop, LaVonne Frost, Sandra C.
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ê1991 Statutes of Nevada, Page 2655 (FILE NUMBER 195, SR 13)ê
Reeve, Susanna Martin, Ruth Pierini, Gayle Pyle, Shirley Hammon, Marilyn Hofmann, Terri Pinnock, Judith Bishop, LaVonne Frost, Sandra C. Arraiz, Lucille Hill, Dorothy Kelly, Theresa Fox, Michael Dayton, Richard Williams, Carol Bennis, Ricka Benum, Elizabeth Bremner, Billie Brinkman, Betty Christenson, Dee Crawford, Marion Entrekin, Janice Fondi, Rayanne Francis, Diane Gamble, Deborah Hollis, Pamela Jochim, Judith Jacobs, Jane King, Maudie Long, Yhvona Martin, Joan McConnell, Mary Jo Meyer, Tanya Morrison, Denise Pinnock, Mary Randolph, Carol Ratzlaff, Deborah Riggs, Paula Saponaro, Marilyn Skibinski, Joan Thran, Jo Ann Wessel, Lee-Ann Keever, June Riesau, Mark Hofmann, Clara Balmer, Barbara Morrow, Doris Fry, Martha Burdick, Ed Cordisco, Sherly Frazier, Jennifer Hofmann, Ronald Keilholtz, Janet Meredith, Alfred Perondi, Oliver Perondi and Joe Pieretti; and be it further
resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to each legislative attache of the Senate.
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Senate Joint Resolution No. 25–Committee on Natural Resources
FILE NUMBER 196
SENATE JOINT RESOLUTION–Urging the Congress of the United States to consent to an amendment of the ordinance of the Nevada Constitution to remove the disclaimer concerning the right of the Federal Government to unappropriated public lands in Nevada.
whereas, The State of Nevada has a strong moral claim upon the public land retained by the Federal Government within Nevada’s borders; and
whereas, On October 31, 1864, the Territory of Nevada was admitted to statehood on the condition that it forever disclaim all right and title to unappropriated public land within its boundaries; and
whereas, Nevada received the least amount of land, 2,572,478 acres, and the smallest percentage of its total area, 3.9 percent, of the land grant states in the Far West admitted after 1864, while states of comparable location and soil, including Arizona, New Mexico and Utah, received approximately 11 percent of their total area in federal land grants; and
whereas, The State of Texas, when admitted to the Union in 1845, retained ownership of all unappropriated land within its borders; and
whereas, The federal holdings in the State of Nevada constitute 86.7 percent of the area of the state, and in Esmeralda, Lincoln, Mineral, Nye and White Pine counties the Federal Government controls from 97 to 99 percent of the land; and
whereas, The federal jurisdiction over the public domain is shared among several federal agencies or departments which causes problems concerning the proper management of the land and disrupts the normal relationship between a state, its residents and its property; and
whereas, The intent of the framers of the Constitution of the United States was to guarantee to each of the states sovereignty over all matters within its boundaries except for those powers specifically granted to the United States as agent of the states; and
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ê1991 Statutes of Nevada, Page 2656 (FILE NUMBER 196, SJR 25)ê
within its boundaries except for those powers specifically granted to the United States as agent of the states; and
whereas, The exercise of dominion and control of the public lands within the State of Nevada by the United States works a severe, continuous and debilitating hardship upon the people of the State of Nevada; now, therefore, be it
resolved by the senate and assembly of the state of nevada, jointly, That the Legislature of the State of Nevada hereby urges the Congress of the United States to consent to the amendment of the ordinance of the Nevada constitution to remove the disclaimer concerning the right of the Federal Government to sole and entire disposition of the unappropriated public lands in Nevada; 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.
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Senate Joint Resolution No. 20–Senator Rhoads
FILE NUMBER 197
SENATE JOINT RESOLUTION–Urging the Congress of the United States to require federal agencies to obtain the approval of each affected local government before acquiring privately owned land in this state and to release comparable public land to private ownership upon the acquisition of such land.
whereas, The present policy of the Federal Government allows federal agencies to purchase privately owned land or exchange publicly owned land for privately owned land without local government approval; and
whereas, The present policy of the Federal Government may result in the removal of private land from local taxation and severely reduce the tax base of local governments; and
whereas, Local governments depend on a stable source of revenue to budget for the many and diverse public services they provide for the health and safety of their residents; 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 require all federal agencies to receive the approval of each affected local government before acquiring, by purchase or exchange, any privately owned land within the State of Nevada, and to require each such agency that acquires privately owned land in this state to return a comparable area of publicly owned land to private ownership, within the same geographical area whenever possible, to replace the loss of the tax base to the affected local government; 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
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ê1991 Statutes of Nevada, Page 2657 (FILE NUMBER 197, SJR 20)ê
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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Senate Concurrent Resolution No. 2–Senators Raggio, Coffin, Getto, Glomb, Hickey, Horn, Jacobsen, O’Connell, O’Donnell, Rawson, Rhoads, Shaffer and Smith
FILE NUMBER 198
SENATE CONCURRENT RESOLUTION–Directing the Legislative Commission to conduct an interim study of the feasibility of privatizing the provision of governmental services.
whereas, The shifting of the delivery of certain governmental services from the public to the private sector is attracting interest at both the federal and state level; and
whereas, There may be advantages realized from such a shift in certain instances, including increased efficiency and savings, as well as increased private sector employment; and
whereas, Any decision to make such shifts in the provision of governmental services requires thorough consideration of the relative advantages and disadvantages, as well as the legislation necessary to effect such shifts; 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 feasibility of privatizing the provision of governmental services including a separate study of the feasibility of privatizing data processing management services; and be it further
resolved, That the Legislative Commission shall report the results of the study and any recommended legislation to the 67th session of the Nevada Legislature.
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Senate Concurrent Resolution No. 9–Committee on Commerce and Labor
FILE NUMBER 199
SENATE CONCURRENT RESOLUTION–Amending the Joint Rules of the Senate and Assembly for the 66th legislative session to provide for the review of certain benefits required by state law to be provided by policies of health insurance.
whereas, Nevada law currently requires health insurers and health maintenance organizations to provide coverage for the treatment of alcohol and drug abuse, complications of pregnancy, medical care for newly born children and numerous other types of coverage; and
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ê1991 Statutes of Nevada, Page 2658 (FILE NUMBER 199, SCR 9)ê
drug abuse, complications of pregnancy, medical care for newly born children and numerous other types of coverage; and
whereas, Operators of small businesses, insurers and others have contended that these mandated benefits increase the cost of health insurance and induce many larger employers to self-insure; and
whereas, Self-insured employers do not always provide these benefits, although their employees may wish to have them; and
whereas, It is desirable that the Legislature periodically review each mandated benefit to determine whether it should continue to be mandatory; 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 not less than six health insurance benefits required by law, as selected by the Legislative Commission, giving consideration to:
1. The level of public demand for each such benefit and the extent to which the required coverage is needed in this state;
2. The extent to which such coverage is currently available;
3. The extent to which the requirement of coverage affects the cost of the treatment or service involved;
4. The effect of the requirement of coverage on the cost of health care in this state; and
5. Such other factors as are deemed necessary to determine the fiscal and social effects of the mandated benefit;
and be it further
resolved, That this study be conducted by a subcommittee appointed by the Legislative Commission, to be composed of:
1. Four Senators who are members of the Senate Standing Committee on Commerce and Labor; and
2. Four 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 67th session of the Nevada Legislature.
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Senate Concurrent Resolution No. 72–Senators Neal, Adler, Coffin, Cook, Getto, Glomb, Hickey, Horn, Jacobsen, Nevin, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Smith, Titus, Townsend, Tyler and Vergiels
FILE NUMBER 200
SENATE CONCURRENT RESOLUTION––Commending Justice Thurgood Marshall of the United States Supreme Court upon his retirement.
whereas, Justice Thurgood Marshall has announced his retirement from the United States Supreme Court; and
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ê1991 Statutes of Nevada, Page 2659 (FILE NUMBER 200, SCR 72)ê
whereas, Thurgood Marshall, a leading civil rights attorney in the 1940’s and 1950’s, argued 32 cases before the United States Supreme Court and won 29 of them; and
whereas, Thurgood Marshall successfully argued the landmark case of Brown vs. Board of Education in 1954 before the United States Supreme Court which resulted in a prohibition of racially segregated schools and ranks among the most important United States Supreme Court decisions of all time; and
whereas, Thurgood Marshall was the legal director and counsel for the National Association for the Advancement of Colored People; and
whereas, In 1967, Thurgood Marshall was appointed by President Johnson as the first black man to sit on the United States Supreme Court after serving as a federal appeals court judge and solicitor general for the Federal Government; and
whereas, Upon hearing Justice Marshall’s announcement of his retirement, United States Senator Christopher Dodd of Connecticut remarked that “This is not just the retirement of any justice. This is the retirement of an institution;” and
whereas, Justice Thurgood Marshall valiantly and tirelessly championed civil rights for all Americans during his 24 years on the Supreme Court; and
whereas, Justice Thurgood Marshall mightily supported the right to privacy and freedom of speech and strongly believed in the Constitution of the United States; and
whereas, Justice Thurgood Marshall, throughout his legal career has been a voice who has sounded out for justice and his absence from the Supreme Court will be sorely noticed; now, therefore, be it
resolved by the senate of the state of nevada, the assembly concurring, That the members of the Legislature of the State of Nevada hereby commend Justice Thurgood Marshall upon his retirement from the United States Supreme Court; and be it further
resolved, That a copy of the resolution be prepared and transmitted forthwith by the Secretary of the Senate to Justice Thurgood Marshall.
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Senate Concurrent Resolution No. 73–Committee on Commerce and Labor
FILE NUMBER 201
SENATE CONCURRENT RESOLUTION–Requesting the Assembly to return Senate Bill No. 529 of this session to the Senate.
resolved by the senate of the state of nevada, the assembly concurring, That Senate Bill No. 529 of this session be returned to the Senate for further consideration; and be it further
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ê1991 Statutes of Nevada, Page 2660 (FILE NUMBER 201, SCR 73)ê
resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Chief Clerk of the Assembly.
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Assembly Concurrent Resolution No. 106–Committee on Legislative Functions and Elections
FILE NUMBER 202
ASSEMBLY CONCURRENT RESOLUTION–Requiring the legislature to pay from the legislative fund the premiums for insurance for the month of July 1991, for certain temporary employees of the legislature and the legislative counsel bureau.
resolved by the assembly of the state of nevada, the senate concurring, That the legislature shall pay from the legislative fund the premiums for insurance for the month of July 1991, for the temporary employees of the legislature and the legislative counsel bureau who were employed during at least one of the last three legislative days of the 1991 legislative session.
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Assembly Joint Resolution No. 29–Committee on Health and Welfare
FILE NUMBER 203
ASSEMBLY JOINT RESOLUTION–Urging Congress to encourage the development and marketing of affordable drugs for the treatment of persons afflicted with acquired immune deficiency syndrome.
whereas, Acquired immune deficiency syndrome is a transmittable disease rivaling the most serious diseases recorded in human history; and
whereas, The National Center for Disease Control estimates that as of August 1990, over 143,286 persons in the United States and 577 persons in the State of Nevada have been afflicted with acquired immune deficiency syndrome; and
whereas, The pain and suffering is enormous for anyone who is afflicted with this disease and for anyone who knows or loves a child or an adult who is afflicted with acquired immune deficiency syndrome; and
whereas, The care and treatment of a person with acquired immune deficiency syndrome is very costly; and
whereas, A prudent public health policy requires an efficient and cost-sensitive health care delivery system that can assist in reducing both the prevalence and the incidence of the transmission of acquired immune deficiency syndrome; and
whereas, The costs incurred by a patient in purchasing medicine to combat acquired immune deficiency syndrome may be thousands of dollars per year; and
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ê1991 Statutes of Nevada, Page 2661 (FILE NUMBER 203, AJR 29)ê
whereas, Medications have been researched and developed with government funds which provide effective treatments and have been shown to delay the onset of the more serious stages of acquired immune deficiency syndrome, and these medications are being marketed by private companies; now, therefore, be it
resolved by the assembly of the state of nevada, jointly, That the Nevada Legislature urges the Congress of the United States to encourage the speedy manufacture, distribution and marketing of drugs which provide an effective treatment of acquired immune deficiency syndrome at the lowest possible cost to ease the financial burden of persons afflicted with acquired immune deficiency syndrome and of governments procuring such drugs; and be it further
resolved, That the Nevada Legislature urges the Congress of the United States to encourage state governments to promote the development, manufacture and distribution of less costly, effective medication to combat acquired immune deficiency syndrome; and be it further
resolved, That the Nevada Legislature urges the Congress of the United States to encourage the National Center for Disease Control to promote the availability of less costly, effective drugs to combat acquired immune deficiency syndrome; 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 Joint Resolution No. 25–Committee on Government Affairs
FILE NUMBER 204
ASSEMBLY JOINT RESOLUTION–Urging 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
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ê1991 Statutes of Nevada, Page 2662 (FILE NUMBER 204, AJR 25)ê
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 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 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 the Chief Clerk of the Assembly prepare and transmit a copy 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 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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